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272016 WHITE - C�TV CLERfC � BLUE� - MAYORE GITY OF SAINT PAUL FlecilNO. ��'•��'�� CANARV - DEPARTMENT ` � Co ncil Resolution Presented By Referred To Committee: Date Out of Committee By Date An administrative Resolution approving the terms and conditions of 1979 Collective Bargaining Agree- ments between the City of St,Paul, Independent School District No. 625, and the Management and Professional Supervisory Employees Organization, representi.ng the "White Collar" Supervisory employees of the City of St. Paul. WHEREAS, the Council, pursuant to the provisions of Section 12. 09 of the St. Paul City Charter and the Public Employees Labor Relations Act of 1971, as amended, recognizes the Management and Professional Super- visory Employees Organization, as exclusive representative for those classes of positions withi n the City of St. Paul certified by the Bureau of Mediation Services under Case No. 78-PR-500-A for the purpose of ineeting and negoti- ating the terms and conditions of employment for all full-time personnel in the classes of positions as set forth in the Agreements between the City, Independent School District No. 625, and the exclusive representative here- inabove referenced; and WHEREAS, the City and Independent SchoolDistrict No. 625, through designated representatives, and the exclus ive representative have met in good faith and have negotiated the terms and conditions of employment for the calendar year of 1979 for such personnel as are set forth in the Agreements between the City of St. Paul, Independent School District No. 625, and the exclusive repre- sentative; and ..1- COUNCILMEN Requested by Department of: Yeas Nays Butler In Favor Hozza Hunt Levine __ Against BY — Maddox Showalter Tedesco Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By, t�lpproved by ;Navor: Date _ Approved by Mayor for Submission to Council By _ By WHI7E — CITV CLERK �. � s PINK � — FINANCE COUI1C11 �� CANAP� = OEPARTMENT . GITY OF SAINT PAUL File NO. � � �� Bl_UE MAVOR � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Collective Bargaining Agreements, cited above, dated as of the effective date of this Resolution, between the City of St. Paul, Independent School District No. 625, and the Management and Professional Supervisory Employees Organization, on file in the office of the City Clerk, are hereby approved, and the authorized administrative officials of the City are hereby authorized and directed to execute said Agreemenlson behalf of the City. Approved: _ �., Chai an r/ Civil Service Commissi n -2- COUNCILMEN Requested by Department of: Yeas Nays Butler � P ER S L OF �--- In Favor f�.�r�.-- Levine _ O __ A gai n"s t By �� Maddox Showalter Tedesco � Form pproved by Cit or y Adopted by Cou �l: Date � 1 c Certi �s• by Co cil Secretary BY sy �1 v d by ;Vlavor: �_��78 Appr ved by or or S ssion to Council B By �g1.�s�1ED NOV 1819'T$ .. . . . . . . . , . , . .......y. F . . .. . . . .. .c ...: . : #�a not det�ch �hi� �merrxarandut�t fr�a» the . resolution.so thet thls Infort�lon w11f ba oM blr IZ/I975 avai�able to tt�e Ctty Cq1A�. aev.: g�81�6 �rz�, t� an�s��v$�oa�, � RES�Lt1TI4NS:� A�3 OB�iINA1�CS8 :��,�� . � _ .+i�+w��r r�`..�� r i i ■ .�.� �.= � ECf �� ED . R ��7a H#�t�: September 26, 1978 ��; '� � . . M�A�'� � TQ s �A►YO� G&�E T�kTII�&x. : F�: ParsvAn�1� �f�i.ca . . : SBa 8eaalution for suba�asio�t t� G1tp CaunciY . . . ��,..�... ��._.�'� : - Ws �a¢ammatd your appxov�al gad submiestot� o�. this Re�olutiaa- to tk�e Ci,t3r C�ua�il:. . �4 ,,�•� _ ONAIsE F� T�IS ACTION: . _'�': 1�'Q8$ A14D �/1TI � �IA��I�i�� ■ M ��Y �/I I I I��I . . . �� Thi$ Resalutioa approves thelGol�ective Bargainiag Agreements betweer� the City of , S� Paril.,, �ndependent School District No. :625, and rhe Management anc� Prc��seional $a�et�vieory'E�ployees Organization. The�se Agreemeats call for a 1979, ��g iac�ease qf 5.75�0. It also includes an option for an adjuatmeat ia employer contrib�rtio� taward ' Health �asurance�and aa opti.on for a Dent�l Inen�ance deduction. The cost of the�e optiome, if ta]�s�-by tlie Bargaiaing Unit, witl be deducted from the 5. 75% salary iaerease. There is also a . Ol a.:�s�i��: iacrease in the City�s mileage allowance. , . , ; �i�6 e� � � ,.. � . ; Resol�tion, Agreemeats and copy far the City. Clerk. " ,�� i,,�; r ,�'" tt� t rR`' � � ��; �� . �-.s� ,.� 1979 COLLECTIVE BARGAINING AGREEr1ENT - between - THE INDEPENDENT SCHOOL DISTRICT - and - MANAGEMENT AND PROFESSIONAL SUPERVISORY EMPLOYEES ORGANIZATION � I N D E X ARTICLE TITLE PAGE Preamble iii I Recognition 1 II Saving Clause 3 III Management Rights 4 IV Maintenance of Standards 5 V Check Off and Administrative Service Fee 6 VI Hours of Work and Overtime � VII Seniority 8 VIII Working Out of Classif ication 9 IX Discipline 10 X Legal Services 11 XI Grievance Procedure 12 XII Wages 16 XIII Mileage-Independent School District No. 625 17 XIV Insurance 18 � Vacation 21 XVI Aolidays 22 XVII Severance Pay 23 XVIII Residency - 24 XIX Duration and Effective Date 25 Appendix A A1 - ii � - P R E A M B L E This AGREEMENT, entered into on the day of , 1978, between the Independent School District No. 625, hereinafter referred to as . the "EMPLOYER" and the Management and Professional Supervisory Employees Organization, hereinafter referred to as the "ASSOCIATION", for the purpose � of fostering and promoting harmonious relations between the EMPLOYER and the ASSOCIATION in order that a higher level of public service can be provided to the citizens of the city. This AGREEMENT attempts to�accomplish this purpose by providing a fuller and more complete understanding on the part of both the EMPLOYER and the ASSOCIATION of their respective rights and responsibilities. The provisions of this AGREEMENT shall not aborgate the rights and/or duties of the IIKPLOYER, the ASSOCIATION, or the employees as established under the provisions of the Public Employee Labor Relations Act of 1971, as amended. - iii - '_. ! ._......c.,.:.....,. _ra�n:s..... ,. ,..:.. . _ ...... _ .,.. . . .,,.... .... , _,,._. �< .,, _.u. �.....,...o-�s,. __.....__, ...... ._,.._..:_..., ,_ ._ , .. _ . . ,..»s.: .a ARTICLE I - RECOGNITION 1.1 The EMPLOYER recognizes the Management and Professional Supervisory Employees Organization as the exclusive representative for the White Collar Supervisory Employees of the Professional Group, and certain Unclassified Supervisory Employees, as certified by the State of Minnesota, Bureau of Mediation Services, dated December 11, 1973, Case No. 74-PR-207A and as revised by Unit Clarifi- cation Hearing of Bargaining Unit, April 16, 1974, Case No. 74-PR-414 A and as revised by Certification of Exclusive Representative, December 7, 1977, Case No. 78-PR-500-A. This above unit as amended consists of the followin�: Accountant IV Director of Medical Services--Model Cities Accountant V Director of the Zoo Accounting Manager E.D.P. Supervisor Assistant City Engineer-Design Fireman Mechanic General Foreman Assistant City Engineer-0perations Health Administrator Assistant Director and City Engineer Library Administrator Assistant Director of School Cafe. License Inspector Assistant General Manager--Water Manager of Data Processing Assistant Purchasing Agent Municipal Garage Supervisor Assistant Superintendent of Parks Office Engineer Assistant to the Dir. (Sch. Cafe) Operations Director--Civic Center Asst. Valuation and Assess. Engr. Principal Planner Bacteriologist-Chemist III Project Director (Model Cities Health) Bridge Engineer Property Ma.nager Building & Housing Insp. Supervisor Public Health Nurse III Chief Accountant Public Health Nursing Supervisor Chief Cashier--Finance Public Health Services Ma.nager Chief of Central Library Public Works Construction Engineer Chief of Extension Services Public Works Design Engineer Chief of Public Systems Planning Public Works Maintenance Services Engr. and Development Chief Surveyor Public Works Technician IV City Traffic Engineer Purchasing Agent Civil Engineer IV Recorder of Council Proceedings Civil Engineer IV--Water Department Recreation Director III Criminal Justice Coordinator Senior Principal Planner Dentist Sewer Engineer Deputy Health Officer Supt. of Lighting and Elect. Engr. Director of Admin. (Health) Supt. of Parks and Recreation Director of Environm�ntal Hygiene Superintendent of Programming Director of Medical Services Superintendent af Water Distributa.on _ t _ ARTICLE I - RECOGNITION (continued) Supervisor of Water Supply Supervisor of Housing Inspection Supervisor of Assessments Supervisor of School Maintenance Supervisor of Customer Services Supervisor of Sidewalk Construction Supervisor of Code Enforcement Supervisor of Traffic Maintenance Supervisor of Elections Valuation and Assessment Engineer Water Chemist III Water Production Engineer Water Revenue Superintendent UNCLASSIFIED Administrator of Economic Dvlp. City Information & Complaint Officer Administrator of Planning Director of Human Rights Administrator of Renewal Director of Criminal Justice and Admin. of Community Development Advisory Commission Assistant Director of Huma.n Rights Manpower Director Occupational Safety Coordinator 1.2 The parties agree that any new classifications which are an expansioa of the above bargaining unit or +which derive from the classifications set forth in this AGREEMENT 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. - 2 - `� '-� "'.�' �� :1�� ARTICLE II - SAVING CLAUSE 2•1 This AGREEMENT is subject to the laws of the United States and the State of Minnesota. In the event any provision of this AG�NT sY�all be held to be contrary to law by a court of co�►pentent jurisdiction from whose final jadgment or decree no appeal hss been taken within the ti�e provided, such provisions shall be voided. All other provisions shall continue in fl.il1 force ar.d effect. The voided provision may be renegotiated a+ the rrxi�ten request of either party. Al1 other provisions of this AG.�NT shell continue in full force and effect. - 3 - ARTICLE III - MANAGEMEP� RIGHTS 3.I The ASSOCIATIOlY recognizes the right of the EMPLOYER to operate and manage its affairs in all respects in accordance with spplicable la�rs and regtil.ations of apprapriate authorities. The rights and suthority which the EMPIAY$R has not officially abridged, delegated, cr modified by this AGREII�?�T are retained by the II�'IA�R. 3,2 A public employer is not required to meet and negotiate on matters of 'inherent menagerial policy, which include, but are not Zimited to, such areas of discretion or policy as the flinctians and programs o� the EMPIAYER, its orerall budget, utilization oY technology, and organiza- tional s�ructure and selection and direc�ion and n�nber of personnel. - �+ - ARTICLE IV - MAINTENAPJCE OF STANDARDS �+.1 The parties agree that all conditions of employment relating to wages, hours of work, vacations, and all other general working conditions except as modified by this agreement shall be maintained at not less than the hi�hest minim� standard as set forth in the Personnel Rules of the City of - Saint Paul,(Resolutiom. No. 3250) and .Resolution No. b446 at the time of the signing of this AGRE�IT, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this AG�NT. _ 5 _ . AKTICLE V - CHECK OFF AND ADMINISTRA�IVE SERVICE �EE `� �� g, ��` �� 5.1 The EMPLOYER agrees to deduct the ASSOCIATION membership initiation fee assess- ments and once each month dues from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted sha11 be certified to the EMPLOYER by a representative of the ASSOCIATION and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 5.2 Any present or future employee who is not an ASSOCIATION member shall be re- quired to contribute a fair share fee for services rendered by the ASSOCIATION. Upon notification by the ASSOCIATION, the EMPLOYER shall check off said fee from the earnings of the employee and transmit the same to the ASSOCIATION. In no instance shall the required contribution exceed a pro rate share of the specific expenses incurred for services. rendered by the representative in relationship to negotiations and administration of grievance procedures. It is also understood that in the event the EMPLOYER shall make an improper fair share deduction from the earnings of the employee, the ASSOCIATION shall be obligated to make the EMPLOYER whole to the extent that the EMPLOYER shall be required to reimburse such employee for any amount improperly withheld. This provision shall remain operative only so long as specifically provided by Minnesota law, and as other- wise legal. 5.3 Administrative Service Fee. The ASSOCIATION agrees that an adninistrative� fee of twenty-five cents ($ .25) per member, per month sha11 be deducted by the II�SPLOYER from the amount withheid for d�ses or fairshare prior to remittance or dues or fairshare to the ASSOCIATION. 5.4 The ASSOCIATION agrees to imdemnify and hold the II�LOYER harnless against any and all claims, suits, orders or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. - 6 - ARTICLE VI - HOURS OF WORK AND OVERTIME 6.1 The normal hours of work for the employees shall be seven and three- fourths (7 3/4) hours in, any 24 hour periad and 38 3/�+ hours in a 7 day period. For employees on a shift basis this shall be construed to mean an average of 38 3/�+ hours a week. 6.2 bnploye�es who work more than 7 3��+ hours i.n any 2�+ hour period or more than 38 3�4 hours in any 7 day period shall not receive pay for such additional work. 6.3 It is understood by the parties that Section 9B - OVERTIME - of Resolution No. 3250 shal.l not apply to this unit. 6.�C In unustial circumstances employees who work more than 7 3�4 hours in any 24 hour period or.,}nore than 38 3/4 hours in any particular 7 day period may be granted compensatory time with tY:e approval of their department head. _ 7 _ ARTICLE VII - SEI3IORITY 7.1. Seniority, Por the purposes of this AGREEMENT, shall be defined as follows: The length of continuous, regular and probationery service with the II�IAYER from the date an employee was first certified and appointed to a class title covered by this AGI�E"r�MENT, it being further understood tnat seniority is confined to the current class assignment held by an employee, In cases where two or more emp2oyees are appointed to the same class title on the same date, the ser.iority shall be deter- mined by the emploSee's rank on the eligible list from which the certification �as made. 7.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 7,3 In the event it is determined by the EMPLU'�ER tha�t it is necessary to reduce the �ork force, employees will be laid off by class title witnin each depa-rtmen-t based. on inverse length of seniority as defined above. 7,k In cases where there are promotional series, such as Engineer I, II, III, etc. , when tt-e number of employees in the higher titles is to be reduced, employees who have held lower titles will be offered reductions to the highest title to which ^lass seniority would keep them from being laid off, before layoffs are made by any class title in any department. 7.5 Recall fron layoff shall be in inverse order of la;�roff, except that recall rights shall expirP after one year of Zayoff. It is understood that such employees will pick up their former seniority date in any class of positions that they previously held. 7,6 To the extent possible, vacation periods shall be assigned on the basis of seniority, It is, however, understood thst vacation assignmez�t shall be subject to the ability o£ the �iPIAYER to maintain operations. _ g _ ... . �. _ :..�..c... ,...,..-.. .M >.:.:: . .,.;._., ..:._.._ . ........ . .. .. ....._ . . _..__ . . _. ... .. - . . . ��'��,:� � ARTICLE VIII - WORTffNG OUT OF CLASSIFICATIOiV 8.1 EMPLOYER shall avoid, whenever possible, working an employee on an out-of-class assi�r.ment for a prolonged period of time. Any employee working an out-oi-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 (�6) day of such assignment. For purposes of this article, an out-of-class assignment is dePined as an assignment of an employee to perform, on a f�Z11 time basis, all of the signiPicant duties and responsibilities of either a) a position previously held by another employee and different from the employee's regular position, b) held by an employ�e on ex�ended leave, or c) or a new position, and which is i.n a classification higher than the classification held by such employee. TYce rate of pay for an approved out-of-class assignment sh�ll be the same rate the emplo5�ee would receive if such employee received a regular appointment to the higher classification. - 9 - ARTICI,E IX - DISCIPI,INE 9.1 Discharges will be preceded by a five (5� day prelininary suspension without pay. During said period the employee and�or ASSOCIATION may request, and shall be entitled to a meeting with the EZ�IPLOYER representative who initiated the suspension with intent to discharge. I?uring the five (5) day period, the II�lPIAYER msy affirm the suspension and discharge in accordance �i.th the Persor.nel Rules or may modify, or withdra�r same. - 10 - Ax�rzcr� x - �az, sExvzcEs 10,1 Except in cases of malfeasance in oi'fice or willfla.l or wanton neglect of duty, EMPIAYER sh�ll defend, savs harmless and indemnify employee against any tort claim or a�ana, whether groundless or otherwise, arising out of an alleged act or omission occurrin� in the performance and scope of employee's duties. - 11 - � �rzcr� xi - GRIEVANG'E PRO�EDURE 11.1 A grievance is define@ as a dispute or disagreement as to the inter- pretation or application of the specific terms and conditions of this AGRF�MEi�. 11.2 The EMPLOYER will recognize representatives designated by the ASSOCIATION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The ASSOCIATIODT sha1.1 notif� the Ei�PLOYEFt in writing of the names of such Association Representatives and of their successors when designated. The EMPLOYER shall notify the ASSOCIATIOPT in writing as to its designated representatives. 11.3 It is recognized and accepted by the ASSOCIATION and the EMPIAYER that the processing of grievancss as hereinafter provided is limited by the job duties and responsibiZities of the employees and shaZl therefore be accompZished during nornal working hours when consistent with such employee duties and responsibilities. The aggrieved employee and an ASSOCIATIOI� representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the F�3PLOYER durin� normal working ho�s provided that the enployee and the Association Representative have notified and received the approval of designated supervisor and provided that such absence is reasonable and would not be detrimental to the work program of the EMPL07�R. It is understood that the EMPLOYER shall not use the above limitation to hamper th� processing of grievances. 11.4 Grievances, as defined by Paragraph 11.1, shall be resolvec� in conforma�ce with the follo:rirag procedure : - 12 - ARTICLE XI - C RIEVA.'�CE PROCEDURT (CONTII9UEI)) Step l. An erAployee claiming a violation concerning the interpretation or application of this AGREII�lENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the F�ployee's supervisor as designated by the EMPLOYER. The E�ployer- designated representative will discuss and give an answer to such Step 1 grievance withi.n ten (10) calendar days after receipt. A grisvance not resoZved in Step 1 and appealed to Step 2 shall be placed in writin� setting forth the nature of the grievanc�, the facts on which it is based, the provision or provisions of the AGRF�'�I9T allegedly violated, the remedy requested, and shall be appealed to Step 2 by the ASSOCIATION w�thin fifteen (15� calendar days after the k�nployer-designated representative's final answer in Step l. Any griev�nce not appealed in writing to Step 2 by the ASSOCIATION within fif`teen (15� calendar days shall be considered waived. Step 2. If appealed, the_.�rritten grievance shall be presented by the ASSOCIATION and discussed with the �nployer-designated Step 2 representative. TYie F�nployer-designated representative shall give the ASSOCIATION IInployer's Step 2 answer in writing within ten (10� calendar days following the E�nployer- designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the ASSOCIATION within ten (10) calendar days shall be considered waived. SteP 3. If appealed, the written grievance shall be presented by the ASSOCIATIO;i and discussed with the E�nployer-designated Step 3 representative. The Employer-d�signated representative shall give the �.SSOCIATION employer`s ansK�r in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in S�;ep 3 may be appealeci ta Step 4 within teri (1Q) calendar days following the �nployer-des3gnated representative's final answer in Step 3. Any grievance not appealed in writing to Step � by the ASSOCIATIOY within ten (10) calen3ar days shall be considered waived. _ 13 _ . ARTICZ� XI - GRTEYA,'QG'E PROCEDURE (CONTIPnJED) ' � Step 4. A grievance unresolved in Step 3 and appealed to Step �+ by the � ASSOCIATION shall be submitted to arbitration subject to the provisions of the Public F�ployment Labor Relations Act of 19r(l, as amended. If a mutually acceptable arbitrator cannot be agreed upon, the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as est�blished by the Public �nployment Relations Board. SteP 5. The arbitrator shall have no right to amend, modif�t, nullify, ignore the texms and conditions of this AGREEMENT. The arbitrator sha12 consider and decide only the specific issue(s) submitted in writing by the EA+IPLOYER and the ASSOCIATION, and sha],l have no authority to make a decision on any other issue not so submitted. The aribtrator shall be without power to make decisions contrary to, or inconsistent with, or modifying Qr varying in any way the application of laws, rules, or regulatio�s. having the force and effect oP law. The arbitrator's decision shall be submitted in writing, copies to both parties and the Bureau of Mediation Service within thirty (30) days followi.ng 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 binding on both the �+IPLOYER and the ASSOCIATION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGR�NT and to the facts of the grievance pressnted. 11.5 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPIA'�R and the ASSOCIATION provided that each party shall be resgonsible 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 veroatim record of the proceedin�s the cost snall be shared eqLally. - 1�+ - ARTICLE XI - GRIEVA�YCE PROCEDURE (CONTINUED) 11.6 If a grievance is not pr�sented within the time li.mits set forth above, it shall be considered "waived". If a grievance is not appealed to the ne�ct step within the specified time limit or any agreed extensian thereof, it sha1Z be considered settled on the basis of the II+�PIAY�R'S last answer. If the II�SPIAYER does not answer a grievance or an appeal thereof within the speciPied time li.mits, the ASSOCIATION may elect to treat the grievance to the next step. The time limit in each step may be eatended by mutual written agreement of the �PLOYER and the ASSOCIATION in each step. 11.7 It is understood by the ASS�CIATION and the EMPIAYER that a grietrance may be initiated by the ASSOCIA TION using either the grievance procede�.re of this contract or by the provisions of the Personnel Rules of the City of Saint Paul. If an issue is determined by this grievance procedure it shall not again be submitted for arbitration under the Personnel Rules. If an issue is determined by the provisions of the Personnel Rules it sha11 not agai.n be submitted for arbitration under this grievance procedure. - 15 - � �<�,��.� ARTICLE XII - WAGES 12.1 The wage schedule for the purpose of this contract shall be Appendix A, except that should the ASSOCIATION exercise its option(s) described in 15.7 and/or I5.8, the cost of such additional health and welfare premiums and/or dental insurance premiums shall be converted to a percentage a�id deducted from the wage rates specified in Appendix A. - 16 - ARTICLE XIIL �� _ rp�EP�NDENT SCHOOI, DISTRICT N0. 625 13,1 E�ployees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for schooZ business. To b� eligible for such reimbursement, e�nployees must receive authorization from the � District Mileage Com¢nittee utilizing one of the following plans: PLAN "A" is reimbursed at the rate of 15¢ per mile. In addition, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor, Ano+her consideration for establishing the maximum emaunt can be the experience of another employee vn�rking in the same or similar position, Under this plan, it is necessary fo.r the employee to keep a record of each trip made. PLAN "C" provides for reimbursement based on a per month�lump sum" amount, This amount is determined by the employee's dziving experience under Plan "A" for a period of 3 to 6 months, Those employees receiving an euto sllowance under this plan must report monthly the number of days the car was avail- able during the month. A deduction must be made fram thE lump sum amount for each day the employee is on vacation. A deduction need not be made for an occasional day of illness or for holidays. - 17 - ARTICLE XIV - INSURANCE 14.1 The EMPLOYER will continue for the period of this AGREIIyfENT to provide for employees such health and life insurance benefits as are provided by E�LOYER at the time of execution of this AGREEMENT. 14.2 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 as are pro- vided by the EMPLOYER for such employees and such life insurance benefits as provided in 14.5. 14.3 In order to be eligible for the benefits under the early retiree provision, the employee must: 14.31 Be receiving benefits from a public employee retirement act at the time of retirement. 14.32 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 14.33 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early retire- ment date that he or she wishes to be eligible for early retiree insurance benefits. 14.4 The EMPLOYER agrees to. contribute the cost of Hospitalization and Medical Coverage or $36.85 per month, whichever amount is 1ess, for each empZoyee who is eligible for such coverage. In addition, for each eligible employee who selects Dependent's Coverage, the EMPLOYER 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 Employer's Group Health and Welfare Plan. Any increase in these costs shall be paid by the employee. 14.5 The EMPLOYER agrees to contribute the cost for $5,000 of Life. Insurance Coverage for each employee who is eligible for such coverage or $3.05 per month, whichever amount is less. This contribution shall be paid to the EmpJ�ayer's Group Health and Welfare Plan. Any ix�crease in this cost shall be paid by the employee. - 18 - : ARTICLE XZV - INSURANCE (continued) 14.6 In addition to the $5,000 Life Insurance Coverage in 14.5, the EMPLOYER agrees to contribute the cost of additional life insurance coverage or $ .97 per thousand dollars of coverage per month, whichever amount is less. The total amount of life insurance c arerage provided under this section and section 14.5 for each e�►ployee shall be equal to the employee's annual salary to the nearest full thousand dollars. For the purpose of this section, the employee's annual salary shall be based on the salary as of the beginning of a contract period. This contribution shall be paid to the Employer's Group Health and Welfare Plan. 14.7 At the option of the ASSOCIATION and effective January 1, 1979, the $36.85 figure reflected in paragraph 14.4 above may be changed to reflect the cost of the 1979 premium rate required by the insurance carrier covering most employees in the bargaining unit. Further, the $42.43 figure above shall be changed, if the ASSOCIATION exercises such option, to reflect SO% of said 1979 premium rate for dependent coverage. If such option is exercised, the increased cost to employer of the above shall - be converted to a psrcentage of the total average salary of the bargaining unit and, notwithstanding any provision of this contract to the contrary, such per- centage shall be deducted from the 5.75% wage increase for 1979 applicable to each and every employee in the bargaining unit for 1979. 14.8 At the ASSOCIATION'S option, the EMPLOYER agrees to pay the amount of $14.40 �er �, for each employee eligible for such coverage, to a Dental Insurance Fund to be established by the ASSOCIATION. If such option is exercised, the $14.40 shall be converted to a percentage of .596% and notwithstanding any provision of this contract to the contrary, .596% shall be deducted from the 5.75% wage increase for 1979 applicable to each and every employee in the bargaining unit for 1979. It is clearly understood by all parties that if the ASSOCIATION elects the option under this section this fund shall be administered solely and entirely by the ASSOCIATION. It is further understood that any Dental Insurance Proaram - 19 - ARTICLE XIV - INSURANCE (continued) obtained through monies submitted to this Fund shall be administered solely and entirely by the ASSOCIATION. 14.9 The options herein must be exercised in writing by the ASSOCIATION before January 1, 1979, or shall be deemed to have been waived by the ASSOCZATION. - 20 - ARTICLE XV - VACATION 15.1 In each calendar year, each full-time employee shall be granted vacation according to the following schedule: Years of Service Vacation Granted Less than years 15 days After 8 years thru 15 years 20 days After 15 years and thereafter 25 days F�►plo;�ees wha wark less than flzll-ti.me shall be granted vacation on a pro rata basis. 15.2 The head of the department m.ay permit an employee to carry over into the following year up to tex days' vacation. 15.3 The time of vacation shall be fixed by the head of the department in which the employee is employed. If an employee has been granted more vacation than he has earned up to the time of his separation from the City service, the employee shall reimburse the City for such unearned vacation. If an employee is separated from the service by reason of resignation, he sha].l be granted such vacation pay as he may have earned and not used up to the time of such separation, provided that he has notified the department head in writing at least fifteen calendar days prior to the date of his resignation. If an employee is separated from the service by reason of discharge retirement or death, he shall be granted such vacation pay as h� may have earned and not used up to the time of such separation. The provisions of this Section shall not apply to temporary or emergency employees, 15.4 If an eyployee has an accumulation of sick leave credi�s in excess of one hundred and eighty days, he may convert any p.art of such excess to vacation at the rate of one-half day's vacation for each day of sick leave credit. No e�ployee nay convert more than ten (10) days of sick leave in eacr. calendar year under this provisi n. _ zl _ , �RTICLB XVI - HOLIDAYS 16.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Years' Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day Labor Day Two floating holidays Eligible employees shall receive pay for each of the holidays listed above on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 16.2 The floating holidays set forth in section 1 above 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 af the nine working days preceding -the holiday; or an employee's name nust appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. 16.4 In the case of Board of Education employees, if Presidents' Day, Columbus Day, or Veterans' Day fall on a day when school is in session, the employee shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be determined by agreement between the employee and the supervisor. _ - - 22 - ARTICLE XYII -SEVERANCE PAY 17.1 �Ployees s�hall be eligible for severance pay in accordance with the Severance Pay Ordinance No. 13.�+90. The amount of Severance Pay allowed shall be that e�mount permitted by State Statutes subject to the provision that the maximum amount allo•�ed shaZl be �4,000. --- ' 23 " tIRTICLE XVIII - RESIDENCY 18.1 Al1 new employees appointed after January l, 1976, would be required to reside in �he City of Saint Paul within one year of their original. appointment, and thereafter would be required to remain within the City limits as long as they were employed by the City of Saint Paul. 18.2 This residency requirement shall apply to unclassified employees as well as classified �nployees. 18.3 Applicants for positions in the City of Saint Paul will not b� required to be residents of the City of Saint Paul. 18,1� Employees failing to meet the residency requirement will be subject to termination and a hearing process sha'!1 be established to deterrnine whether the residency requirem�ent was met. - 24 - -,�..._.�.__�....� __�. �. _., . .... ..�.__. ..._.�_ ��M .__. _ ________ ___ __ �_. • ARTZCI,� XZX - DURATION AND EFFECTZVE DATE ` �`-��,� � ! - - .. 19.1 Complete Agreement with Waiver of Bargaining. This AGREEMENT shall represent the complete AGREEMENT between the UNION and the EMPLOYER. The parties acknow- ledge 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 sub3ect or matter not removed by law from the area of collective bargaia- ing, and that the compiete understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this AGREEMENT. Therefore, the E1�°LOYER and the UNION, for the life of this AGREEMENT, each volun- tarily 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 ia this AGREEMENT. 19.2 Except as herein provided this AGREEMENT shall be effective as of the date it it executed by the parties and shall continue in full force and effect until December 31, 1979, 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 writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. 19.3 This constituted�a tentative AGREEMENT between the parties which will be recommended by the School Board Negotiator, but is subject to the approval of the School Board, the Administration of the City and is also subject to ratification by the ASSOCIATION. WITNESSES: INDEPENDENT SCHOOL DISTRICT N0. 625 MANAGEMENT & PROFESSIONAL SUPERVISORY EMPLOYEES ORGANIZATION �� Scho Board Negotiato �/�`/'� Business Manager � �� 7� / Superintendent, ISD ��625 - 25 - - T� - o� rn rn v, v� +� ~� w o r+ C� � N 00 N � CJ � 1-h I-fi p O N C� r O rt p. a n � R' rr O O O ln l.n ln (D O O a" O O O O O O p �i tA (D rt K3 w � w a 00 o rr cn m � cn �v ►� o � � rn O� tn ln N �"i W C] V V V �O N O O �,' W ',D W � I� rt H O O O 11� O O p W h'� H 0 0 0 0 0 o rr c� � z (D M .a O � tD G ri '.3 I--+ w a. m v v rn o� tn tn hj P. c� �,� ►-+ V w O� W N � ft c� � n� tn W O r-t � N m f'� O rt GL O ln ln O ln tn (b F� rt p O O O O O tA F-+ f) O G � (� F4 F� P� �' "�' 'Ly U� W TJ � � � r � E :v c� tv,+ �v o v� �n a o�, c� � v� v�+ a u�i � � � n� w � �' o � � � G u� rn r� n� G oo cn rr � rs �d H rr n Y- • o- • b �v w • rr • �v • ty tn • o m w w O tD O (D O F-� O fD tD t�- O �C O (D tn Fi fD � F't r-► p tt ri I-h O h+� O ri �-S (A O O H O U� f) R F-� p. t� C C rt H C rr f� N (o 7J fD C� W W W � I-� P� O O f� n w x cn v, � �-n v, � C P� �+, w �d C �n rc o o � o o rr m v� p t� co o a' a� *t n n n n o rt a z 00 � i-+, w � E-' " t7 rn � rn V, rr w � a' t7 � � �p 00 ft � O O W �O W N O OD O 00 fD fD C/) H o � o � v �' �v rn r-n � � µ �-- r�,.,. rn � � co � E Fw., DC c„ cn � � o Z o t� 9 n in o �n c� o a' a' tu p� a o a � �J o � o � u� c7 o p o a o � rt c� oa rt �u n ►-� n � m o u, � �o w•. �e w � v, � �n n w rr ty m �v c� �"! i� A� tD R tA � O W �-t tA U1 N. � w cn o a. � ►t E r� t� p ro n H o � M, �p �p w cn � 0o rr n m m � v � co v c� rn rt rn n ao � rr lJf fD O N H OO tA p CJ� W O ln � rt (D .7 F-' ~ Q. fD V � tn '.�' � 'd N fD � '�] ri r'l rt � 'v, � �o 0 0 0 o N ir, K o w w m ° r�r w � � �°-� ° w ° w ° c�i� c�u o � o�o n ,-�i� � a� �' � n y r� O NI O N m r-h 00 00 0o tfl " i-,� rn � rn t-� � r �p O� r rT �1 F-h 00 5.; � P� (D t,,� W 00 fD r W � W p� ('� O � n ri f� 1"r 4'� W � rt C,n O ln Sv V� N O N O �-h r7 tn N 0 0 o r� o K o K o c� �' a w � o C � N � �" N F-� fD 'tl O K rt $ F� lD N �C � �D O O� O f,' � � ►-� W r w ln tn 1 W A� � N K �! p ln O ln ln ln }i 1-� rt O p O O O O O W C f� 'd N F� N ri � � N r P� � .o 00 00 � rn ►-• a � a � N O� r N 00 , ln � p. 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O O ln V+ O O O O O O O r r r r� Q O O O � � H �O O� W O V .4� O �p 6� V O� Q� 00 � • � lr O O �+ � �"� p O O O O O r rr r f'' �"' r O O O O �O t-+ W �p � W O V V1 N 00 � O� V� O� � p ln O O O tn �'i O O O O O O _ £F� _ w � �o 0o co 00 � rn .� �-- oo rn w � r W 0o N � r'd i„ o 0 0 0 0 a � 0 0 0 0 0 0 r� � r � O 00 ln N �O � f�� W O O N O� O � � O O O ln O O � O O O O O O }-'� � � N a �. �- .. 0 o w �c .o � � �-- co a� w o �O 00 V O N � C7 O ln ln O O O O O O O O O r r r �--� O O r ° cncncyc� o°�o roorir� c� a oWO rox °o rotyc� c� � v a � cnc� a o b p n b in � �-�'n � C C n o o w V w n w W ►�-4 � n � t7 b W u�'i o m w m � o � w rr w r� o o �- N �n p �u m m t-• o o v+ �c cu w K o � rr a' � w N r-� � m �-r o � � +-n �-„ a o � o �i �+, �n w n rr �e w m m p n a' w rr r� p C � o cn rr c� r� rr rt �v o 0 0 � rr w cn w rr ro n x r� t� p � w a A� n t-t, r-n oo m �n G � �n K co a �.ti. o0 oa p a a N � o r� rr �--� � F'� O W r Oo W F�00 r+ W � f-' O t=7 f� Q+ r-+ eT H C r-� Q. p rh I-� r F+. p p O ri W O �d F-h X N O �o N tn tn fD n 1'? 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M r'S �'i F-� �'1 j3 �'d t!] M M M ''�3' F'� tB W W N fo C w o0 0o c� � �1 t�i K �C cn rt oo rt � o �n �dwr-r � wwo m N � o m p � � r+ m � K cu � w r� w � o w � � � w o � � ao w m w � � �u r � r � rt N ri � tD (D fD p � �-+ tD N � F'� rt rt OQ A� L=! f) tt R+ � fD .A H� ?G' Ul W fD fD � $ � O W U1 � N � tD fD �' � � rt �o � o o �n ocnn � w ►� � rn mw oo �uKnrr nw � a N tf V ri fD I I W F-+ '.� F; v W V ''rJ N Fy 1D !{ O fA • • � su � n i re ov � • � ro • n �nr� � a � u� b tj�C o ao � v+ � w oo cn co m o � o � a w i �v m ty o w o �v �n � � c� u� OR N 00 �.,' (D tn C1 tD ',1' 'U tt R+ rt K � tn w � 7d co w K w to C � t-� ri e oo � � � �o n rr w oo c � w �e w t� w w �o m f� iD rr � m F-� p v' F-+ c� p � r fD r--• ri rt W 1-� O r OG r C tD fD N ct �n n r c� o o �d � w rr n �n m rn � w t7 � �v p w sr tn t{ rt n t�7 ao v w b N � � � ty ~ � � w � o�o 0 0 � � ,�-r � o C o w w -� rr fD f-+ ',� r-� r � �-+ � r O�q � F+ N V 'a �O O ''.�' � r � rt N � � in Vt (n O �"i �'i p O O O r r r r-� d� ln V+ � ►-+ O� O� N W ln N � t--' W 1 � O O O O r'S O O O O , — s� — t1 r i--� 9 r• N N �d n rn N ro A �n Oo 9 t�f rr tn �n � O O O N K x o a �n � r r. ("� W N C� ri r v O W tn O� bd � � tt f-+� O tn W � O O � A� � F-� (D a c.� .. � r ►-• m W W rt � N W OD V C'� O • N ln ln O O w � a y ►-� r (]. A W 1-'� v U9i lJ� t7 V�,,' t7 tA W ri *t O O W O tD N � o � ° r�r rt w o 0 � � n K c7 v C � °i r�i, W O F+ rn tn 0o ri .� [1] � '.3' - F`�,, i„ c�i v+ a. a � � o ° � � n a� w i � � t w r p r Cf� c/� � v, a �, m � o w n v tii C c w v� � in � � ►� o �c o m �o in v, v� o t� i v' o�o � µ r ►-�. i-+ O $ rn N r N � w � � 4'� F-' x o v, c� N o o w �e � w c� � r r r V O� O r rn � W W `C ri O O O O r r r v v tn � ►-� i W N �C H ln O O O � �� . ; _ . ... . ... . ._ T _. . _ .__ _.,�..._..._.. _ _.__._.._ �. . .�...�._. 4:' �� "� �� `�f-^ �� iJ � � � � }_ 1979 COLLECTIVE BARGAINING AGREEMENT - between - TI� CITY OF SAINT PAUL - and - MAI3AGEMENT A2v� PROFESSIONAL SUPERVISORY EMPLOYEES ORGANIZATION In::��...:«+....�...�.::..�..L..Y.��,....,.�......�...,�..._.._.�_'_�__. . ..._.�..__ a f ` I N D E X ARTICLE TITLE PAGE Preamble iii I Recognition 1 II Saving Clause 3 III Management Rights 4 IV Maintenance of Standards 5 V Check Off and Administrative Service Fee 6 VI Hours of Work and Overtime � VII Seniority � � VIII Working Out of Classification 9 Ig Discipline 10 g Legal Services 11 gI Grievance Procedure 12 XII Wages 16 XIII City Mileage 1� XIV Insurance 18 XV Vacation 2I XVI Holidays 22 �II Severance Pay :... 23 XVIII Residency 24 XIX Duration and Effective Date 25 Appendix A A1 - ii - . . P R E A M B L E This AGREEMENT, entered into on the T2�h day of. September , 1978, between the City of Saint Paul, hereinafter referred to as either the "EMPLOYER" or the "CITY", and the Management and Professional Supervisory Employees Organizatinn, hereinafter referred to as the "ASSOCIATION", for the purpose of fostering and promoting harmonious relations between the CITY and the ASSOCIATIO�i in order that a high level of public service can be provided to the citizens of the CITY. This AGREEMENT attempts tca..accomplish this purpose by providing a fuller and more complete understanding on the part of both the CITY and the ASSOCIATIO� of their respective rights and responsibilities. The provisions of this AGREE'fENT shall not aborgate the rights and/or duties of the EMPLOYER, the ASSOCIATION, or the employees as established under the provisions of the Public Employee Labor Relations Act of 1971, as amended. - iii - ��-- ...,:..:.J...::,.�..:..:,....a...� r �::>�...,...,::�..�r�, y.�s,;,,.: _k. ,_....,..«�:�,m ,._..:, „........ .:._ . .:.,�.�... . .........._.., �...,....,_. ,,.. ........_ ._e._.ce�._..,...,.. . �.�.�,...�.,...w�,.ro..........,�,zra..,.. - 4 ► ARTICLE I - RECOGNITION 1.1 The EMPLOYER recognizes the Management and Professional Supervisory Employees Organization as the exclusive representative for the White Collar Supervisory Employees of the Professional Group, and certain Unclassified Supervisory Employees, as certified by the State of Minnesota, Bureau of Mediation Services, dated December 11, 1973, Case No. 74-PR-207A and as revised by L'nit Clarif i- cation Hearing of Bargaining Unit, April 16, 1974, Case No. 74-PR-414 A and as revised by Certification of Exclusive Regresentative, December 7, 1977, Case No. 78-PR-500-A. This above unit as amended consists of the following: Accountant IV Director of Medical Services--Model Cities Accountant V Director of the Zoo Accouating Manager E.D.P. Supervisor Assistant City Engineer-Design Fireman Mechanic General Foreman Assistant City Engineer-0perations Health Administrator Assistant Director and City Engineer Library Administrator Assistant Director of School Cafe. License Inspector Assistant General Manager--Water Manager of Data Processing Assistant Purchasing Agent Municipal Garage Supervisor Assistant Superintendent of Parks Office Engineer Assistant to the Dir. (Sch. Cafe) Operations Director--Civic Center Asst. Valuation and Assess. Engr. Principal Planner Bacteriologist-Chemist III Project Director (Model Cities Health) Bridge Engineer Property Manager Building & Housing Insp. Supervisor Public Health Nurse III Chief Accountant Public Health Nursing Supervisor Chief Cashier--Finance Public Health Services *Ianager Chief of Central Library Public Works Construction Engineer Chief of Extension Services Public Works Design Engineer Chief of Public Systems Planning Public Works Maintenance Services Engr. and Development Chief Surveyor Public Works Technician IV City Traffic Engineer Purchasing Agent Civil Engineer IV Recorder of Council Proceedings Civil Engineer IV--Water Department Recreation Director IZI Criminal Justice Coordinator Senior Principal Planner Dentist Sewer Engineer Deputy Health Officer Supt. of Lighting and Elect. Engr. Director of Admin. (Health) Supt. of Parks and Recreation Director of Environmental Hygiene Superintendent of Progra�ing Director of Medical Services. Superintendent of Water Distribution _ � _ ` t k ARTICLE I - RECOGNITION (continued) Supervisor of Water Supply Supervisor of Housing Inspection Supervisor of Assessnants 5upervisor of School Maintenance Supervisor of Customer Services Supervisor of Sidewalk Construction Supervisor of Code Enforcement Supervisor of Traffic Maintenance Supervisor of Elections Valuation and Assessment Engineer Water Chemist III Water Productian Engineer Water Revenue Superintendent UNCLASSIFIED Administrator of Economic Dvlp. City Information & Complaint Officer Administrator of Planning Director of Human Rights Administrator of Renewal Director of Criminal Justice and Admin. of Community Development Advisory Commission Assistant Director of Human Rights Manpower Director Occupational Safety Coordinator 1.2 The parties agree that any new classifications which are an expansion of the above bargaining unit orvwhich derive from the classifications set forth in this AGREEMENT 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. _ 2 _ _ • �.-t ' , � �<'��:� A�?TICLE II - SAVING CIAUSE 2.1 This AGREEMENT is subject to the laws of the United States and the State of Nitnnesota. In the event any provision of this AGR'EEMEP� shall be held to be contrary to law by a court of cor►pentent jurisdiction fmm whose final j:zdgrnent or decree no appeal has been taken within the time provided, such provisions shall be voided, All other provisions shall continke in full force ar.d effect. The voided provision may be renegotiated at the written request of eithe.r party. All other provisions of this AG�EEMENT shall continue in full force and effect. _ 3 _ . _ , . - � . ARTICLE III - MANAGEMEP� RIGHTS 3.1 The ASSOCIATION recognizes the right of the II�LOYER to operate and manage its affairs in all respects in accordance with spplicable laws and regulations of appropriate authorities. The rights and suthority which the EMPIAYER has not officially abridged, delegated, or modified by this AG�NT are retained by the EMPIAYER. 3.2 A public employer is not required to meet and negotiate on matters of inherent mana�erial policy, which include, but are not limited to, such areas of discretion or policy as the �.inctions and programs oP the EMPIAYER, its o�•erall budget, utilization of technology, and org�niza- tional structure and selection and direc�ion and nusnber of personnel. _ !� _ . .�. � ARTICLE N - M.AINTENANCE OF STAI�IDARDS �+.1 The pa:-ties agree that all conditions of employment relating to r��ages, hours of work, vacations, and all other general working conditions except as modified by this agreement shall be maintained at not less than the highest minimum - standard as set forth in the Personnel Rules of the City of � Saint Paul,(Resolution. No. 3250) and .Resolution No. 6446_at the time of the signing of this AGREEME�''1T, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this AGREEMENT. _ 5 _ . / ARTICLE V - CHECK OF� AND ADMINIS�RATIVE SERVICE k'EE 5.1 The EMPLOYER agrees to deduct the ASSOCIATION membership initiation fee assess- ments and once each month dues from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the EMPLOYER by a representative of the ASSOCIATION and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 5.2 Any present or future employee who is not an ASSOCIATION member shall be re- quired to contribute a fair share fee for services rendered by the ASSOCIATION. Upon notification by the ASSOCIATION, the EMPLOYER shall check off said fee from the earnings of the employee and transmit the same to the ASSOCIATION. In no instance shall the required contribution exceed a pro rate share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. It ,is also understood that in the event the EMPLOYER shall make an improper fair share deduction from the earnings of the employee, the ASSOCIATION shall be obligated to make the EMPLOYER whole to the extent that the EMPLOYER shall be required to reimburse such employee for any amount improperly withheld. This provision shall remain operative only so long as specifically provided by Minnesota law, and as other- wise legal. 5.3 Administrative Service Fee. The ASSOCIATION agrees that an administrat�ve fee of twenty-five cents ($ .25) per member, per month shall be deducted by the EMPLOYER from the amount withheld for dues or fairshare prior to remittance or dues or fairshare to the ASSOCIATION. 5.4 The ASSOCIATION agrees to imdemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgments brought or issued against the E*IPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. - 6 - � , , ' ARTICLE VI - HOjTRS OF WORK AND OVERTIME 6.1 The normal hours of work for the employees shall be seven and three- fourths (7 3��+) hours in any 2�+ houx period and 38 3�4 hours in a 7 day period. For employees on a shift basis this shall be construed to mean an average of 38 3/4 hours a week. 6.2 �nployees who work more than 7 3/4 hours in any 24 hour period or more than 38 3�4 hours in any 7 day period shall not receive pay for such additional work. 6.3 It is understood by the parties that Section 9B - OYERTII� - of Resolution No. 3250 sha�l not apply to this unit. 6.4 In unusual circumstances employees who work more than 7 3�k hours in any 2�+ hour period or.:�nore than 38 3/4 hours in any particular 7 day period may be granted compensatory time with the approval of their department head. _ 7 _ . ' � t • ARTICLE VII - SEIVIORITY 7.1 Seniority, for the purposes of this AG�'M'.�MEi'FT, shall be defined as follows: Thz length of ccntinuous, regular and probationary service with the EMPIAYER from the date an employee was first certified and appointed to a class title covered by this AG�NT, it being f�Zrther understood tna� seniority is confined to the current class assignmez�t held by an employee. In cases where two or more employees are appointed to the same class title on the same date, the seniority shall be deter- mined by the e.mployee's rank on the eligible list from which the certification was made. 7,2 Seniority shall terminate when an employee retires, resigns, or is discharged. 7,3 In the event it is determined by the l�+iPIA'�ER that it is necessary to reduce the �ork force, employees will be Iaid off by class title within each depa-rtment based on inverse length of seniority as defined sbove. 7.�+ In cases where there are promotional series, such as Engineer I, II, III, etc., when tre number of employees in the higher titles is to be reduced, employees who have held lower titles will be offered reductions to the highest title to which ^lass seniority would keep them from being laid ofP, before lsyoffs are made by any class title in any department, 7,5 Recall frorn layoff shall be in inverse order of la;�ofP, except that recall rights shall expire after one year of layoff, It is understood that such employees will pick up their former seniority date in any class of positior_s that �hey previously held, 7.6 To the extent possible, vacation periods shall be assigned on the basis of seniority. It is, liowever, understooa that vacation assignme:it shaZl be subject to tha ability of the EI�iPIAYER to maintain operation�. - 8 - . .�. �� ARTICLE VIII - WORKING OUT OF CLASSIFICATION 8.1 EMPLOYER shall avaid, whenever possible, working an employee on an out-of-class assignment for a prolongec3 period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15� consecutive working dsys shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (?6� day of such assigument. For purposes of this article, an out-of-class assi�nment is defined as an assignment of an employee to perform, on a full time. basis, all of the signiPicant duties and responsibilities of either a) a position previously held by another employee and different from the employee's regular positioa, b) held by an employee on extended leave, or c) or a new position, and which is in a classification higher than the classiPication held by such employee. The rate of pay for an approved out-of-class assignment shall be the same rate the employee wou7..d rsceive if such e�►ployee rec:eived a regular appointment to the higher classification. - 9 - ARTICLE IK - DISCIPLII�IE g.1 Discharges `rill be preceded by a five (5) day preli�inary suspension without pay. During said period the employee and�or ASSOCIATION may request, and shall be entitled to a meeting with the EMPIAYER representative who initiated the suspension with intent to discharge, L`u.ring the five (5} day period, the IIKPIA�R may affirm the suspension and discharge in accordance with the Perso^.nel Rules or may modify, or withdraw same. _ �p _ . � ' � . ARTICLE X - LEGAL SERVICES 10.1 Except in cases of m�lfeasance in o�fice or willflzl or wanton neglect of duty, II�IAYER shall defend, save harmless end indemnify employee against any tort claim or demand, whether groundless or otherwise, arising out of an alleged act or omission accurring in the performance and scope of employee's duties. - 11 - _ ... . . �►�: �,� � '�"�� ARTICLE XI - GRIEVANCE PROCEDURE 11.1 A grievance is defined as a dispute or disagreement as to the inter- pretation or application of the specific terms and conditions of this AGREEAdEENT. 11.2 The F.'MPIAYER will recognize representatives designated by the ASSOCZATION as the grievance representatives of the bargai.ning unit having the duties and responsibilities estab lished by this Article. The ASSOCIATION shall notif�r the EMPLOYEx in writing of the names oP such Association Representatives and of their successors when designated. The EMPLOYER shall notify the ASSOCIATION in writing as to its designated representatives. 11.3 It is recognized and accepted by the AS�OCIATION and the II�II'LOYER that the processing of grievances as hsreinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accamplished during normal working hours when consistent with such empZoyee duties and responsibilities. The aggrieved employee and an ASSOCIATI0�1 representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investi�ated and presented to the EMPIAYER during normal workin� hours provided that the employee and the Association Representative have notified and received the approval of designated supervisar and provided that such absence is reasonable and would not be detrimental to the work program of the EMPLOI�R. It is understood that the IIKPLOYER shall not use the above liraitation ta hamper the processing of grievances. 11.�+ Grievances, as defined by Paragraph 11.1, shall be resolved in conformance with the following procedure : _ 12 _ : . � aKrzcr� xz - GRIEVAIYCE PROCEDURE (co�ru�n) Step l. An employee claiming a violation concerning the interpre�ation or application of this AGREEMENT shall, within tw�nty-one (2I) calendar days af'ter such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the EMPLOYER. The IInployer- 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 setting forth the nature of the grievance, the facts on which it is based, the provisioz� or provisions of the AGR�NT allegedly violated, th� reraedy requested, and shall be appealed to Step 2 by the ASSOCIATION within fiPteen (15) calendar days after the IInployer-designated representative's final answer in Step 1. Any grievance not appealsd in writing to Step 2 by the ASSOCIATION within fifteen (15) calendar days shall be considered waived. SteP 2. If appealed, the;_Written grievance shall be presented by the ASSOCIA.TION and discussed with the �aployer-designated Step 2 representative. The �nployer-designated representative shall �ive the ASSOCIATIOY IInployer's Step 2 answer in writing within ten (10) calendar days followin� the E3�ployer— designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the ASSOCIATION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the ASSOCIATION and discussed with the IInployer-designated Step 3 representative. The F�nnloyer-designated representative shall give the ASSOCIATION employer's answer in wri.ting within ten (10) calendar days af`ter receipt oi such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to St�p 4 within ten (10) calendar days following the �nployer-designated repr�sentative's fi.nal answer in Step 3. Any grievance not appealed in writing ta Step 4 by the ASSOCIATIQiY within ten (10) calendar days shall be considered w�ived. - 13 - • ARTI�B XI - GRI�VAlYG'E PROCEDURE (CONTINUED) �.' ' SteP �. A grievance unresolved in Step 3 and appealed to Step �+ by the � ASSOCIATION shall be submitted to arbitration subject to the provisions of the P�blic Employment I,abor Relations Act af 1971, as a;nended. If a mutually acceptable arbitrator cannot be agreed upon, .the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Fublic gnployment Relations Board. SteP 5. The arbitrator shall have no right to amend, modify, nullify, ignore the tezms and conditions of this AGREEMENT. The arbitrator shall consider and decide on2y the specific issue(s) submitted in writing by the EMPIAYER and the ASSOCIA.TION, and shall have no authority to make a decision on any other issue not so submitted. The aribtrator sha1Z be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulatio�,s.:having the force and effect of law. The arbitrator's decision shall be submitted in writing, copies to both parties and the Bureau of Mediation Service within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unl�ss the parties agree to an extensiott. The decision shall be binding on both the EMPLOYER and the ASSOCIATION and shall be base�3 solely on the arbitrator's interpretation or application af the express terms of this AGR�ME3QT and to the facts of the grievance pres�nted. 11.5 The fees ard �penses for the arbitrator's services and praceedings shall be borne equally by the EA�Il'LO�R and the ASSC}CIATIGN provided that each par�y shall be responsible for comp�nsating its own representatives an� witness�s. If either party desires a verbatim record of the proceedings, it �;ay 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 shal3 be shared equ:.311,y. - 1�+ - � � � ARTICLE XI - GRIE�JAPiCE PROGEDURE (CONTITiU'�'.riD) 11.6 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 ne�ct step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the F�IPIAYER'S last answer. If the EMPIA�R does not answer a grievance or an appeal thereof within the specified time limits, the ASSOCIATION nay elect to treat the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the E1�PLOYER and the ASSOCIATION in each step. 11.7 It is understood by the ASSOCIATION and the EMPLQYER that a grievance may be initiated by the ASSOCTA TION using either the grievance procedure of this contract or by the provisions of the Personnel Rules of the City of Saint Paul. If an issue is determined by this grievance procedure it shall not a�ain be submitted for arbitration under tha Personnel Rules. If an issue is determin�d by the provisions of the P�rsonnel Rules it shall not again be submitted for arbitration under this grievance procedure. - 15 - ARTICLE XII - WAGES 12.1 The wage schedule for the purpose of this contract shall be Appendix A, except that should the ASSOCIATION exercise its option(s) described in 15.7 and/or 15.8, the cost of such additional health and welfare premiums and/or dental insurance premiums shall be converted to a percentage and deducted from the wage rates specified in Appendix A. - 16 - ARTICLE XIII - CITY MILEAGE 13.1 Automobile Reimbursement Authorized: Pursuant to Chapter Q2A of the St. Paul Legislative Code, as amended, pertaining to reimbnrse- ment of City officars and employees for the use of their own automobiles in the performarice of their duties, the following provisions are adopted. 13.2 Method o� Coatputation; To be eli�ible for such reimbursement, all officers and employees must receive writtg:� authorization from the Mayor. Reimbursement shall be made in accorda�ce with one of the following plans: 1'ype 1. For those officers and employees who are required to use their own au�omobiles occasionally for official City business, reimbursement at the rete of 14 cer.ts for each mile driven. Ty�e 2. For those officers and employees �rho are req•azred to use theior;_qsn automobiles on a regul.ar basis on City business, reimbarsement at the rate of �2. 50 for each day of work, and in eddition thereto at the rate of 7.5 cents for eacr. nile driven. 13,3 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and ru].es sha11 contain the requi-rement that recipients shall fi?e daily r�por±s indicating place of origin and destination an3 applicable mileage ratings there&t and indicating tot�Z miles driven, and shall file mor.thly affidavits stating the number of days worked and the number of miles driven, and flxrther required tnat they meintair_ �utomobile liability insurance in amounts not less than �100,000/ 300,000 for person�l injury, and �25,000 for property da�age. These rules and regulatipns, together with any amendments thereto, shall be main�sined on file with the City Clerk. - 17 - , ARTICLE XIV - INSIIRANCE 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 execution of this AGREEMENT. 14.2 The E1�LOYER 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 as are pro- vided by the EMPLOYER for such employees and such �.ife insurance benef its as provided in 14.5. 14.3 In order to be eligible for the benefits under the early retiree provision, the employee must: 14.31 Be receiving benefits from a public employee retirement act at the time of retirement. 14.32 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 14.33 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early retire- ment date that he or she wishes to be eligible for early retiree insurance benefits. 14.4 The EMPLOXER 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 EMPLOYER 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 Employer's Group Health and Welfare Plan. Any increase in these costs shall be paid by the employee. 14.5 The EMPLOYER agrees to contribute the cost for $5,000 of Life Insurance Coverage for each employee who is eligible for such coverage or $3.05 per month, whichever amount is less. This contribution shall be paid to the Employer's Group Health and Welfare Plan. Any increase in this cost shall be paid by the employee. - 18 - ARTI.CLE XZV - INSURANCE (continued) 14.6 In addition to the $5,000 Life Insurance Coverage �n 14.5, the E��LOYER agrees to contribute the cost of additional life insurance coverage or $ .97 per thousand dollars of coverage per month, whichever amount is less. The total amoun� of life insurance c oaerage provided under this section and section 14.5 for each employee shall be equal to the employee's annual salary to the nearest full thousand dollars. For the purpose of this section, the employee's annual salary shall be based on the salary as of the beginning of a contract period. This contribution shall be paid to the Employer's Group Health and Welfare Plan. 14.7 At the option of the ASSOCIATION and effective January 1, 1979, the $36.85 figure reflected in paragraph 14.4 above may be changed to reflect the cost of the 1979 premium rate required by the insurance carrier covering most enployees in the bargaining unit. Further, the $42.43 figure above shall be changed, if the ASSOCIATION exercises such option, to reflect 50% of said 1979 premiun rate for dependent coverage. If such option is exercised, the increased cost to employer of the above shall be converted to a percentage of the total average salary of the bargaining unit and, notwithstanding any provision of this contract to the contrary, such per- centage shall be deducted from the 5.75% wage increase for I979 applicable to each and every employee in the bargaining unit for 1979. 14.8 At the ASSOCIATION'S option, the EMPLOYER agrees to pay the amount of $14.40 �er �� for each employee eligible for such coverage, to a Dental Insurance Fund to be established by the ASSOCIATION. If such option is exercised, the $14.40 shall be converted to a percentage of .596% and notwithstanding any provision of this contract to the contrary, .596% shall be deducted from the 5.75% wage increase for 1979 applicable to each and every employee in the bargaining unit for 1979. Zt is clearly understood by all parties that if the ASSOCIATION elects the option under this section this fund shall be administered solely and entirely by the ASSOCIATION. It is further understood that any Dental Insurance Program - 19 - . . AFTICLE XIV - INSURANCE (continued) obtained through monies submitted to this Fund shall be administered solely and entirely by the ASSOCIATION. 14.9 The options herein must be exercised in writing by the ASSOCIATION before January 1, 1979, or shall be deemed to have been waived by the ASSOCIATION. - 20 - � , ARTICLE XV - VACATION 15.1 In each calendar year, each fl�.11-time employee shall be granted vacation according ta the follo�ring schedule: Years of Service Vacation Granted I,ess than years 15 days After 8 years thrt: 15 years 20 days After 15 years and thereafter 25 days Ebnplo�rees who work less than f�?�l-time sha1Z be granted vacation on a pro rata basis. 15.2 The head of the department may permit an employee to carry over into the following year up to tes days' vacation. 15.3 The time of vacation shall be fixed by the head of the depa�ment in which the employee is employed. If an employee has been granted more vacation than he has earned up to the time of his separation from the City service, the employee shall reimburse the City for such unearned vacation. If an emplayee is separated from the service by reason of resi�nation, he shall be granted such vacation pay as he may have earned and not used up t� the time of such separation, provided that he has notified the department head in writing at least fifteen calendar days prior to the date of his resignation. If an employee is separated from the service by reason of discharge retirement or death, he shall be granted such vacation pay as he may have earned and not used up to the time of such separation. The provisions of this Section shall not apply to temporary or emergency employees. 15.4 If an en.ployee has an accumulation of' sick leave credi�,s in excess ai one hundred and eighty days, he may convert any part of such excess to vacation at the rate oP one-half day's vacation for each day of sick leave credit. No employee may convert nare than ten (10} days of sick leave in eacr: calendar year under this provisi n. - 21 - . � � ��"��.�' ax�rzcr� xvz - xor�aYs 16.1 Hclidays rec�:.gnized and observed. The fo?lowing days shall be recognized and observed as paid holidays: Ne� Iears Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day I,abor Day Two floating Holidays Eligible employees shall receive pay for each of the holidays listed above on which they perform no work. Whenever any of the holidays listed above fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fsll on Sunday, the succeeding Monday shall be observed as the holiday. 16 .2 The floating holidays set forth in Section 1 above may be taken at any time durin� 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 apgear on the payroll the last working day before the holiday and on three other working days of the nine workirig days preceding the holiday. In neither case shall the holiday be counted as a working day for the purpose of this section. It is flzrther understood that neither temporary, emergency nor other employees not heretofore eli�ible shall receive holiday pay. _ 22 _ ARTICLE XVII -SEVERANCE PAY 17.1 EmPloyees shall be eligible for severance pay in accordance wi.th the Severance Pay Ordinance No. 11�90. The amount of Severance Pay al.lo aed shall be that amount permitted by State Statutes subject to the provision that the maximum amount allowed shell be ��,�• _ 23 _ ' '. :; ARTICLE XVIII - RESIDENCY 18.1 All new employees appointed after January 1, 1976, would be required to reside in the City of Saint Paul within one year of their original appointment, and thereafter would be required to remain within the Czty limits as long as they were employed by the City of Saint Paul. 18.2 This residency requirement shall apply to unclassified employees as well as classified �ployees. 18.3 Applicants for positions in the City of Saint Paul will not be required to be residents of the City of Saint Paul. 18,1� �.lmployees failing to me�t the residency requirement will be subject to termination and a hearing process shall be established to determine whether the residency requirement was r�et. _ 24 - - � � ` ARTICLE XIX - DURATION A1�D EFFECTZVE DATE 19.1 Complete Agree�ent with Waiver of Bargaining. This AGREEMENT sha11 re- present the conplete AGREEMENT between the UNION and the EMPLOYER. The parties acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make requests and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the complete under- standings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this AGREEMENT. Therefore, the II�LOYER and the UNION, for the life of this AGREEMENT, each volun- tarily and unqua.lifiedly 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. 19.2 Except as herein provided this AGREEMENT shall be effective as of the date it is executed by the parties and shall continue in full force and effect until December 31, 1979, 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 writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. 19.3 This constituted a tentative AGREEMENT between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City and is also subject to ratification by the ASSOCIATION. WITNESSES: CITY OF SAINT PAUL MANAGEMENT AND PROFESSIONAL SUPERVISO EMP ORGANIZATION ♦ � La or Rela ions D Business rianager Civil Service Co�ission - 25 - - t� - � d� N 00 N �O tD � 1-h 1-fi p O N G� � O � � a � � p O O O O O rt r'! � fD N rt Y• � oc o rt cn ru w cn b N o V 6� O� O� lll t!1 Sb +'S W C] °v � � .°a N o � � � rt �-ai 0 0 o ir o o p a W r+ 0 0 0 0 0 0 � cu � z co rr, .n o w m � ►t � r w a cn � � N v�'', w o n o � a c'�n °o 0 0 0 0 0 � � w o � w � w x � b �n w b n � '� t� � � ,v n �Vi, �d o cn �n a rn n � �n ��„ a r�n w � � ra W cD �' O � � G � � a� t� N G oo �n rt � H �d H rr [� w • cr • �v v �n • rr • �v • ti v� • A w w w o �c o �o o ►1 o m ro r� o �e o m v+ w � � n rt o n n ►�,, o w o n n w o o n o m n rr N p. 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