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272132 WMITE - C�TY CLERK [�r�^��^ °1 •1 �/ PINK - FINANCE COIIIICIl � / / �� 'CANARV - DEPARTMENT GITY OF � SAINT PAITL File NO. r~ ~, �~ BL�fQ� - MAYOR Council Resolution Presented By Referred To Committee: Date Out of Committee By Date An Administrative Resolution approving the terms and conditions of 1978-80 Agreements between th.e City of St. Paul, Independent School District No. 625, and the Tri-Council Bargaining Unit composed of Operating Engin.eers Local 49, Teamsters Local 120, and Laborers Local 132. WHEREA5, the Council, pursuant to the provisions of Section 12. 09 of the St. Paul City Charter and the Public Employee s Labor Relations Act of 1971, as amended, recognizes the Tri-Council Bargaining Unit composed of Operating Engineers Local 49, Teamsters Local 120, and Laborers Local 132, as exclusive representatives for the classes of positions within the City of St. Paul certified by the Bureau of Mediation Services under Case No. 73-PR-427-A, for the purpose of ineeting and negotiating the terms and conditions of emp].oyment for all full-time per- sonnel in the classes of positions as set forth in the Agreements between the City of St. Paul, Independent School District No. 625, and the exclusive representatives herei.nabove referenced; and WHEREAS, the City and Independent School District No. 625, through designated representatives, and the exclusive representatives have met in good faith and have negotiated the terms and conditions of employment for the period May 1, 1978, through Apri1 30, 1981, for such personnel as are set forth in the Agreements between the City of St. Paul, Independent School District No. 625, and the exclusive representatives; now, therefore, be it RE50LVED, that the Agreements cited above, dated as of the effective date of this Resolution, between the City of St. Paul, Independent 5chool District No. 625, and the Tri-Council Bargaining Unit composed of Operating Engineers Local 49, Teamsters Local 120, and Laborers Local 132, - 1 - COUIVCILMEN Requested by Department of: Yeas Nays Butler Hozza [n Favor Hunt Levine _ __ Against BY -- Maddox Showalter Tedesco Form Ap v by t Att rney Adopted by Council: Date Certified Yassed by Council Secretary BY By Approved by 14avor: Date App v y Mayor f r Su is on� Council BY - BY WHITE - CITV CLERK �)�� PINK - FINANCE GITY OF SAINT PAUL � �� " ' CANARY - DEPARTMENT COUIICII F� � B�l.l� - MAVOR File NO. Council Resolution Presented By Referred To Committee: Date Out of Committee By Date - 2 - on file in the office of the City Clerk, is hereby approved, and the authorized administrative officials of the City and Independent School District No. 625 are hereby authorized and directed to execute said Agreements on behalf of the City and Independent School District No. 625. Approved: � Chairman Civil Service Commission COUIVC[LMEN Yeas Nays i--� Requested by Department of: Butler PERSONNEL OFFICE Hozza � �n Favor �� J Levine __ Against BY — Maddox ----�i�tewa�ter Tede �y 2 g �g7g Form A pr ve by it rney Adopted Counci Date � Cer ied Pas� by Co . Secr�tary BY 61p r d by ;Navor: D e ` _ �V 2 Approved by Mayor for Submission to Council By _ BY pu�ust�EO DEC 9 1978 , L Do not detach thts memorandum frdrt the � ; resolut+on so that this infortnatior� wiH+ be ,�t ��: 13/i475 . avaitable to the City�Councll. - �.: g/.s1�6 _ ._ „ � _ _. 81CPLliNTI4�1bT. QF ADM�iEBTRATIVB 08DBRS, . . ...__ .,, � . �, . r�} � BSS�LUTI4NS..� 111�' �IA�d�t�S ��4�� . . . r.��.w�u.a�.�r��+�w�w -rr�� i . . \��. . : . . . . . . . . . . .. � .. �tet November 2, 1978 - �.�� . .. �',��',�� N�,,� � �`�ZB �_ �YOR G�m�� z,�xrn�� 1�►�� s Per�oaaa�. Offica R�s Res�lution for suba�isaio� ta C3ty Cc�uncii ACTI4� �Q�GSTI�D: ,.. ...., ,.. .� Wa �s�vao�ad your appxo�al astd submiesfa� cP this Resolu�ioa tc the: City Coutic�:T:. , � PtJ$�QSF� A�D: RAT��:OI�AT3R FOR TRI& ACTIONe . �.�; This Resolution approvee the three-year Contr$ct between �la.e City af 9t. � Paul, independent School Diatrict�No. 625, aad �he Tri-Council Bargaining � � ' - Uait composed of the Laborers Union LocaZ 132, Teax�.stera Uaio� Local ` ;, 120, and Operating F.angir�eers Union Loca1 49. This Contrae��covers the ' period May 1, 1g78, through April 30, 1981. _ : The wage settlement is based oa the respective Unions outside settleme�nt � . with the AGC for �he 8ame period o�.ti�ne. The Contract ca11s for a 43�` a.n, hour iacrease each year for �h.e Laborers and Truck Drivers, a 5�3+� an hour increaee for each year for the Hea+vy Equipmeat Operatore�, and a 47� a.n hflnr iacrease for the Light Eqvipment Operators a.nd Tree T�rixnmer�. This A�reement also provides that t1�e City wi1], pay the increase i.a. cost duriag the life of the Contract for t,h.e Ein,ployee�e Health and .Welf�re. . However, the employee will be responsible to pay a.ny increase an premiume required for the Dependexy.t's Health and Welfare coyerage. • Thie new Agreemexit also includes several new clausea dealing with items t�uc�h..�.s�:�tna�tera�y��e�►v�, ina].itary lea�, safety shoes, a.x� paei�t,p�ac�ic�s. _,� , 4�.TA�B s� ..... .. ,� Resolution and copy for the City �lerk - also, copy of Agreements. . , . , n: . � �� 1978-1979-1980 � COLLECTIVE BAR.GAINING AGREEMENT - between - THE CITY OF SAINT PAUL - and - THE TRI-COUNCIL LOCAL 120 - LOCAL 49 - AND LOCAL 132 � :fK. • I N D E X ARTICLE TITLE PAGE Principles 1 I Recognition 2 II Maintenance of Standards 4 III Union Rights 5 IV Payroll Deduction 6 V Mar_agement Rights 7 VI Saf ety 8 VII Discipline Procedures 9 VIII Hours, Premium Pay 10 IX Insurance 11 X Employee Rights-Grievance Procedure 14 XI Seniority Z$ XII Vac�tions 20 XIII Holidays 21 XIV Jury Duty 22 XV Severance Pay 23 XVI Wages 24 XVII Savings Clause 25 XVIII Residence 26 XIX Jurisdiction 27 XX Sick Leave 28 XXI Maternity Leave 29 XXII Military Leave 30 XXIII Legal Services 31 XXIV Strikes, Lockouts, Work Interference 32 XXV Terms of Agreement 33 Appendix A � A1 Appendix B �1 - ii - PRINCIPLES This AGREEMENT is entered into to facilitate the ad3ustment of grievances and disputes between the EriPLOYER and EMPLOYEES to provide, insofar as possible, for the continuous employment of labor and to establish necessary procedures for the a.micable ad�ustment of alI disputes which may arise between the EMPLOYER and the UNION. The EMPLOYER and the UNION encourage the highest possible degree of practical, friendly, cooperative relationships between their respective representatives at all levels. The officials of the EMPLOYER and the UNION realize that this goal depends pr3.marily on cooperative attitudes between people in their respective organizations and at all levels of responsibility, and that proper attitudes must be based on full understanding of and regard for the respective rights and responsibilities and that proper attitudes must be based on full understanding of and regard for the respective rights and responsibil- ities of both the II�PLOYER and the EMPLOYEES. There shall be no discrimination against any EMPLOYEE by reason of race, color, creed, sex, or UNION membership. : The EMPLOYER and the UNION aff irm their joint opposition to any discriminatory practices in connection with employment, promotion, or training, remembering that the public interest remains in full utilization of EMPLOYEES skill and ability without regard to consideration of race, color, creed, national origin, age or sex. - 1 - ARTICLE I - RECOGNITION 1.1 The EMPLOYER recognizes the UNION as the sole and exclusvie collective bargaining agency for all EMPLOYEES that have been certified by the State of Minnesota, Case No. 73-PR-427-A, as follows: All employees of the City of Saint Paul in the classif ication of Air Compressor Operator, Asphalt Batcherman, Asphalt Plant Engineer, Asphalt Raker, Asphalt Shoveler, Backfiller Operator, Bituminous Curb Machine Operator, Bituminous Spreader Operator, Bridge Crew Leader, Bridge Laborer, Building Laborer, Ditch Digger, Garden Laborer, Gardener, Groundsman, Heavy Equipment Operator-- Asphalt Plant, Hoistittg Engineer, Jackhammer Operator, Kettle Fireman, Labor Crew Leader, Miner, Miner-Water Department, Mixer Engineer, Mortar Mixer, Motor Equipment Operator, Motor Equipment Operator--Water Department, Motor Patrol Operator, Paving Breaker (Hydra Hammer Operator) , Plasterer's Tender, Playground Custodian, Power Clam Operator, Power Shovel 4perator, Public Works Laborer, Pulvimixer Operator, Pumperete Operator, Resident Groundsman, Road Machinery Operator, Roller Engineer (Under 6 tons), Roller Engineer (6 tons or over) , Roofers Helper, Sanitation Laborer, School Ground Ma.inteancne Foreman, Sewer Crew Leader, Sewer Laborer, Sewer Maintenance � Laborer, Sno-Go Operator, Sweeper Operator, Tamper, Tractor Operator I, Tractor Operator II, Tractor Operator II (Backhoe), Tree Trimmer I, Tree Trimmer II, Truck Driver, TunneZ Laborer, Unskilled Laborer, Vibrator Operator, tdater Laborer, Water Serviceman I, Water Serviceman II (Connections), Water Serviceman II (Mains) , and Water-Shed Laborer who work more than 14 hours per week and more than 100 work days per year, excluding Supervisory, Confidential, teznporary, emergency, and employees exclusively represented by other labor or employee organizations. - 2 - ARTICLE I - RECOGNITION (continued) The parties agree that any new classifications which are an expansion 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. 1.2 The EMPLOYER agrees not to enter into any contractually binding agreements with any employee or representative.not authorized to act on behalf of the UNION. There shall be no individual agreements with any employees tha.t conflict with the terms of this AGREEMENT, and any such agreement or contract shall be null and void. s - 3 - ARTICLE II - MAINTENANCE OF STANDARDS 2.1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations and all other general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Personnel Rules of the City of Saint Paul (Ordina.nce No. 3250) and Ordinance No. 6446 at the time of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made else- where in this Agreement. e - 4 - ARTICLE III - UNION RIGHTS 3.1 The UNION may designate enployees from within the bargaining unit to act as Stewards and shall inform the EMPLOYER in writing of such designations. Such employees shall have the rights and responsibil- ities as designated in Article 10 (GRIEVANCE PROCEDURE) . There shall be no more than one steward from each local involved in any one specific grievance. 3.2 There shall be no deduction of pay from stewards when directly involved in meetings with managenent during working hours for grievance procedures. 3.3 Designated Union Representatives shall be permitted to visit employees on job sites and at department buildings during working time. s - 5 - . . � _ , .. . _ _ . ARTICLE IV - PAYROLL DEDUCTION 4.1 The EMPLOYER shall, upon request of the employee in the unit, deduct such sum as the UNION may specify for the purposes of initiation fees and dues to the UNION, providing the UNION uses its best efforts to assess such deductions in as nearly uniform and standard amounts as is possible. The EMPLOYER shall remit monthly such deductions to the appropriate designa.ted UNION. 4.2 In accordance with M.S.A. 179.65, Subd. 2, the EMPLOYER agrees that upon notification by the UNION, the EMPLOYER shall deduct a fair share fee from aZl certified employees who are not members of the exclusive representative. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. 4.3 The UNION will indemnify, defend and hold the EMPLOYER harmless against any claims made and against any suits instituted against the EMPLOYER, its officers or employees, by reason of negligence of the UNION in � requesting or receiving deductions under this Article. The EMPLOYER will indemnify, defend and hold the UNION harmless against any claims made and against any suits instituted against the UNION, its officers or employees by reason of negligence on the part of the EMPLOYER in making or forwarding deductions under this Article. - 6 - AR�ZCLE V — MANAGEMENT RIGIiTS 5.1 The UNION recognizes the right of the EMPLOYER to operate and ma.nage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the EMPLOYER has not officially abridged, delegated, or modified by this Agreement are retained by the EMPLOYER. 5.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include but are not limited to, such areas of discretion of policy as the functions and programs of the EMPLOYER, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. s - 7 - ... ,.. _ __ .. . . , _ _ ARTICLE VI - SAFETY 6.1 Accident and injury free operations shall be the goal of all EMPLOYERS and EMPLOYEES. To this end the EMPLOYER and EMPLOYEE will, to the best of their ability abide by, and live up to the requirements of the several State and Federal Construction Safety Codes and Regulations. 6.2 To this end the EMPLOYER shall from time to time issue rules or notices to his EMPLOYEES regarding on the job safety requirements. Any EMPLOYEE violating such rules or notices shall be subject to disciplinary action. No EM�'LOYEE may be discharged for refusing to work under unsafe conditions. 6.3 Such safety equipment as required by governmental regulation, shall be provided without cost to the EMPLOYEE. At the EMPLOYER'S option, the EMPLOYEES may be required to sign for safety equipment and shall be obligated to return same upon discharge, layoff, quit or other termi- nation in comparable condition as when issued, providing reasonable wear and tear. The EMPLOYER sha11 have the right to withhold the cost of such safety equipment if not returned. .� 6.4 The EMPLOYER agrees to pay $10.00 toward the cost of each pair of safety shoes purchased by an EMPLOYEE that is a member of this unit. The EMPLOYER shall contribute for the cost of two pair of shoes per year and shall not be responsible for any additional cost for any additional shoes thereafter. This reimbursement of $10.00 per pair of shoes shall be made only after investigation and approval by the immediate supervisor of that employee. This $10.00 per pair of shoes contribution to be made by the EMPLOYER shall apply to those employees who must wear protective shoes or boots for their employment. - 8 - .......,._..,....A. ... ....-.::..� . .. . . .. . .... . .. ... ... ..... .. .. .... ... . ARTICLE VII - DISCIPLINE PROCEDURES 7.1 The EMPLOYER will discipline EMPLOYEES for just cause only. Discipline will be in the form of: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 7.2 Suspensions, reductions and discharges will be in written form. 7.3 A notice in writing of suspensions, reductions and discharges shall be sent to the EMPLOYEE and the UNION within seventy-two (72) hours after such action is taken. 7.4 Discharges will be preceded by a five (S) day preliminary suspension-without pay. During said period, the ErTPLOYEE and/or UNION may request, and shall be entitled to a meeting with the EMPLOYER representative who initiated the suspension with intent to discharge. During said five (5) day period, the EMPLOYER may affirm the suspension and discharge in accordance witb Personnel Rules or may modify, or withdraw same. 7.5 Grievance relating to this Article shall be processed in accordance with � existing Civil Service procedures, except that oral and written reprimands shall be taken up in the grievance procedure under Article X. 7.6 EMPLOYEES who are unable to report for the�r normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than one half hour after the beginning of such work day. 7.7 Failure to make such notification may be grounds for discipline. - 9 - •.i. /� . . . . . . . .... . . . . . . ..... .. . . . .... ... ... .... . ....... .. ... c .. .. . . ... . .... .. ,. � .. . ... .. . . .. ,._.. ..__... ARTICLE VIII - HOURS, PREMIUM PAX . ___ 8.1 Hours of Employment -- The normal work day and the normal work week shall be 8 hours excluding � hour for lunch in any twenty-four hour period and 40 hours in any seven-day period. (For employees on a shift basis, this shall be construed to mean an average of forty hours a week.) The normal work week shall consist of five consecutive norrsal work days. 8.2 Except in cases of emergencies, the II�4'LOYER shall notity the affected UNION of an intention to change a shift at least 24 hours prior to the beginning of the new shift. 8.3 EMPLOYEES shall report to work location as assigned by a designated EMPLOYER 5upervisor. During the normal work day EMPLOYEES may be assigned to other work locations at the discretion of the EMPLOYER. 8.4 Call-in-Pay -- When an' EMPLOYEE is called to work he shall receive two hours' pay if not put to work. If he is called to work and commences work, he shall be guaranteed four straight time hours' pay. These provisions, however, shall not be effective when work is unable to proceed because of adverse weather conditions. ,� 8.5 Overtime. Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by order of the head of the department. An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the EMPLOYER. The overtime rate of one and one-half shall be computed on the basis of 1/80th of the bi-weekly rate. - 10 - y. .....,-_...1:�_... .. ... .../.,. . ...-. . .......:. . .... . ._ _....,. _... .. .... . . .... . . ..._._ . . . . .. .. ..._ .. ............., ......... . .e,..... . . ._..... ...,.. ARTICLE VIII - HOURS, PREMIUM PAY (continued) 8.6 A premium pay of fifty-cents (50�) per hour shall be paid for all swing stage work, such as work performed from a boatswain's chair or a swing scaffold or hazardous work that requires the use of a safety belt fifty (50) feet or more above the ground. All standard safety laws shall be complied with. � - 11 - � � ��2�� ARTICLE IX - INSURANCE 9.1 The II�PLOYER will continue for the period of this AGREEMENT to provide for EMPLOYEES such health and life insurance benefits as are provided by EriPLOYER at the time of execution of this AGREEMENT. 9.2 The EMPLOYER will for the period of this AGREEMENT provide for EMPLOYEES who retire af ter the time of execution of this AGREEMENT and until such EMPLOYEES reach sixty-five (65) years of age such health insurance benefits and life insurance benef its as are provided by the EMPLOYER for such EMPLOYEES. 9.3 In order to be eligible for the benefits under this early retiree provision, the employee must: 9.31 Be receiving benefits from a public employee retirement act at the time of retirement. 9.32 Have severed his relationshig with the City of Saint Paul under one of the early retiree plans. 9.33 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 9.4 The EMPLOYER 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 additiorP', for each eligible emp],oyee 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 l.ess. These contributions shall be paid to the City's Group Health and Welfare Plan. Any increases in these costs shall be paid by the EMPLOYEE. Effective January 1, 1979, the $36.85 figure in the above paragraph will be changed to reflect the cost of the 1979 premium rate required by the insurance carrier covering most employees in this bargaining unit. Effective January 1, 1980, this figure shal7. be changed to reflect the cost of the 1980 premium rate required by the insurance carrier covering most employees in this bargaining unit. Effective January 1, 1981, this figure sha11 be changed � - 12 - ARTICLE IX . - INSURANCE (continued) to reflect the 1981 premium rate required by the insurance carrier covering , most employees in the bargaining unit. 9.5 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 City's Group Health and Welfare Plan. Any increase in this cost shall be paid by the EM3.'LOYEE. 9.6 Any employee having ten or more years of service with the EMPLOYER who becomes ill or injured so as to be unable to continue working and has eXhausted all his sick leave and vacation shall be eligible for City paid heaZth and welfare benefits for a maximum of three years. 9.7 Notwithstanding the benefits granted in this article, the cost to the EMPLOYER for the insurance coverages in 9.4, 9.5 and 9.6 above shall be included in the computation of fringe benefit cost deductions indicated in Appendix A. 3 - 13 - ARTICLE X - II�IPLOYEE RIGHTS - GRIEVANCE PROCEDURE 10.I The EMPLOYER shall recognize stewards selected in accordance with UNION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the names of the stewards and of their successors when so named. 10.2 It is recognized and accepted by the EMPLOYER and the UNION that the pro- cessing of grievances as hereinafter provided is limited by the job duties and responsibilities of the EMPLOYEES and shall therefore be accomplished during working hours only when consistent with such EMPLOYEE duties and responsibilities. The steward involved and a grieving EMPLOYEE shall suffer no loss in pay when a grievance is processed during working hours, provided the steward and the EMPLOYEE have notified and receive the approval o£ their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EMPLOYER. 10.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article VII for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. � 10.4 Grievances shall be resolved in conformance with the following procedure: St_ ep 1. Upon the occurrence of"an alleged violation of this AGREEMENT, the EMPLOYEE involved shall attempt to resolve the matter on an informal basis with the EMPLOYEE'S supervisor. If the matter is not resolved to the EMPLOYEE'S satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, - 14 - ARTICLE X - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) the alleged section(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should �z have had knowledge of the first occurrence of the event giving rise to the grievance, sha11 be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated EMPLOYER supervisor shall meet with the UNION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UNION within three (3) calendar days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. Step 3. Within seven (7) calendar da�ys following receipt of a grievance referred from Step 2 a designated EMPLOYER supervisor shall meet with the UNION Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the EMPLOYER shall reply in writing to the UNION stating the EMPLOYER'S answer concerning the grievance. If, as a result of this written response the grievance remains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred to in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the BMPLOYER'S answer shall be considered waived. - 15 - ARTICLE X - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) Step 4. If the grievance remains unresolved, the UNION may within seven (7) calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request ar bitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreemettt of the EMPLOYER and the UNION within seven (7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall strike the first (lst) name; the EMPLOYER shall then strike one (1} name. The process will be repeated and the remaining person shall be the arbitrator. 10.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the pravisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or in�.�onsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thrity (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EPiPLOYER, the UNION and the EMPLOYEES. - 16 - ARTICLE X - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) 10.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the �MPLOYER and the UNION, provided that each party shall be responsible for compensating its own representa- tives and witnes5es. 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. 10.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UDIION. 10.8 It is understood by the UNION and the EMPLOYER that a grievance may be determined by 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 again be submitted for arbitration under this grievance procedure. a - 17 - �,. i _ ,_,.. . . _., _ ARTICLE SI - SENIORITY 11.1 Seniority, for the purpose of this AGREEMENT, shall be defined as follows: A. "City Seniority" - The length of continuous, regular and probationary service with the EMPLOYER from the last date of employment in any and all class titles. B. "CZass Seniority" - the length of continuous, regular and probationa.ry service with the II�LOYER from the date an EMPLOYEE was first certified and appointed to a class title covered by this AGREEMENT,it being further understood that class seniority is confined to the current class assignment held by an EMPLOYEE. 11.2 Seniority shall terminate when an'_EMPLOYEE retires, resigns, or is discha.rged. 11.3 A. In the event it is determined by the EMPLOYER that it is necessary to reduce the work force, EMPLOYEES will be laid off by class title within each di,�rision based on inverse length of "Class Seniority". Recall from lay- off shall be inverse order of layoff, except that recall rights shall expire af ter two years of layoff. B. In cases where there are promotional series, such as Unskilled Laborer, Crew Leader, etc., when the number of employees in these higher titles is to be reduced, employees who have held lower titles which are in this bargaining unit will be offered reductions to the highest of these titles to which class seniority would keeg them from being laid off, before layoffs are mde by any class title in any department - 18 - ARTICLE XI - SENIOP.ITY (continued) C. It is further understood that a laid off EMPLOYEE shall have the right to placement in any lower-paid class title in this bargaining unit, provided said EMPLOYEE has been previously certified and appointed in said lower-paid class title. In such cases, the II�LOYEE shall first be placed on a reinstatement register and � shall have "Class Seniority" based on the date originally certified and appointed to said class. EMPLOYEES may also apply for positions in a lower class but may, nevertheless, return to original class as provided in paragraph (A) above. 11.4 To the extent possible, vacation periods shall be assigned on the basis of "Class Seniority", within each class, by division. It is, however, understood that vacation assignments shall be subject to the ability of the EMPLOYER to maintain operations. 11.5 Promotions shall be handled in accordance with current Civi1 Service Rules and practices. s - 19 - ARTICLE XII - VACATIONS 12.1 In each calendar year, each full�time EMPLOYE� shall be granted vacation according to the following schedule: Years of Service Vacation Granted Less than 5 years 10 days After 5 years thru 15 years 15 days After 15 years thru 25 years 21 days After 25 years 22 days EMBLOYEES who work less than full-ti.me shall be granted vacation on a pro rata basis. For EMPLOYEES appointed prior to January 1, 1967, years of service shall be defined to mean the number of years since the date of appointment. Far EMPLOYEES appointed on or after January 1, 1967, years of service shall be determined by the actual number of hours worked. 12.2 The head of the Department may permit an EMPLOYEE to carry over into the following year up to ten days' vacation. 12.3 The above provisions of vacation shall be subject to Ordinance No. 6446 Section I, Sub. H. 3 12.4 If an EMPLOYEE has an accumulation of sick leave credits in excess of one hundred and eighty days, he may convert any part of such excess of vacation at the rate of one-half day's vacation for each day of sick leave credit. 12.5 The maximum number of days' vacation allowed by the conversion of sick leave credits shall be no more than five days in any one year so that the maximum vacation time which may be taken in any one year sha11 be thirty- seven days including the regular vacation period. - 20 - ARTICLE XIII - HOLIDAYS 13.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Years Day Coluznbus 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 perforzn no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holi- day. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 13.2 The floating holidays set forth in Section 13.1 above may be taken at any time during the contract year, subject to the approval of the Department Head of any EMPLOYEE. 13.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an EMPLOYEE'S name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an EMPLOYEE'S name must � appear on the payroll the last working day before the holiday and on three 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. - 21 - ARTICLE XIV - JURY DUTY 14.1 Any employee who is required during his regular working hours to appear � in court as a juror or witness except as a witness in his own. behalf against the Er�LOYER, sha11 be paid his regular pay while he is so engaged, provided however, that any fees that the EMPLOYEE may receive from the court for such service shall be paid to the CITY and be deposited with the City Finance Director. Any EMPLOYEE who is scheduled to work a shift, other than the normal daytime shift, shall be rescheduled. to work the normal daytime shift during such time as he is required to appear in court as a juror• or witness. � - 22 - � �r��.��' ARTICLE XV - SEVERANCE PAY 15.1 EMPLOYEES shall be eligible for severance pay in accordance with the Severance Pay Ordinance No. 11490. The amount of Severance Pay allowed shall be that amount permitted by State Statutes subject to the pro- vision that the maximum amount allowed shall be $4,000. 15.2 All EMPLOYEES shall retire from employment with the EriiPLOYER no later than the last calendar day of the month in which an EMPLOYEE becomes sixty-five (65) years old. � - 23 - ARTICLE XVI — WAGES 16.1 The basic hourly wage rates as established by Appendix A shall be paid for all hours worked by provisional, regular and probationary employees. 16.2 The basic hourly wage rates as established by Appendix B shall be paid for all hours worked by temporary or emergency employees. � - 24 - ARTICLE XVII - SAVINGS CLAL'SE 17.I This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Saint Paul. In the event any provision of this AGREEMENT shall hold to be contrary to law by a court of competent jurisdiction fron whose fina.l judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. � - 25 - ARTICLE RVZII - RESIDENCE 18.1 All new EMPLOYEES appointed after January 1, 1977, would be required to reside in the City of Saint Paul within one year of their original appointment, and thereafter wouZd be required to remain within the City Limits as long as they were employed by the City of Saint Paul. 18.2 EMPLOYEES failing to meet the residency requriement will be subject to termination and a hearing process shall be established to determine whether the residency requirement was met. s - 26 - ARTICLE XIX - JURISDICTION 19.1 Disputes concerning work jurisdiction between and anong un�ons is recognized as an appropriate subject for determination by the various unions representing EMPLOYEES of the EMPLOYER, i9.2 In the event of a dispute concerning the performance of assignment of work, the unions involved and the EMPLOYER shall ineet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the EriPLOYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the EMPLOYER'S basic right to assign work. 19.3 Any EMPLOYEE refusing to perforn work assigned by the ENIPLOYER shall be sub�ect to disciplinary action as provided in Article VII (DISCIPLINARY PROCEDURES) . 19.4 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. 19.5 The sub-contracting of work done by the EMPLOYEES covered by this AGREEMENT sha.11 in all cases be made only �o employers who qualify in accordance with Ordina.nce No. 14013. - 27 - ARTICLE XX - SICK LEAVE 20.1 Sick leave without pay may be granted in accordance with the provisions of Section 35E of the Civil Service RuZes for a period up to but not to exceed three years. � - 28 - ARTICLE XXI - MATERNITY LEAVE 21.1 Maternity Leave. Maternity is defined as the physical state of pregnancy of an EMPLOYEE, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an EMPLOYEE'S pregnancy, the EMPLOYEE may apply for leave without pay at any time during the period stated above and the EMPLOYER may approve such leave at its option, and such Ieave may be no longer than one (1) year. # - 29 - ARTICLE XXII - MILITARY LEAVE 22.1 All monies received from the militarq organizations for participation in such paid military leave, shall be deposited in full with the City Treasurer. This money will be given to the City in return for the full salary required to be paid during this leave. s - 30 - ARTICLE XXIII - LEAGAL SERVICES 23.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the F�LOYER shall defend, save harmless and indemnify an EMPLOYEE, and/or his estate, against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission in the performance and scope of the EMPLOYEE'S duties. a - 31 - ARTICLE XXIV - STRIKES, LOCKOUTS, WORK INTERFERENCE 24.1 The UNIONS and the EMPLOYERS agree that there shall be no strikes, work stoppages, slow-downs, sitdown, stay-in, or other concerted interference with the EMPLOYER'S business or affairs by any of said UNIONS and/or the members thereof, and there shall be no bannering during the existance of this AGREEMENT without first using all possible means of peaceful settlement of any controversy which may arise. � - 32 - ARTICLE XXV - TERMS OF AGREEMENT 25.1 The EMPLOYER and the UNION acknowledge that during the meeting and negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions� of employment. The agreemeiits and understandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREEMENT. Any and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this AGREEMENT are hereby superseded. In those areas where Civil Service Rules are not inconsistent with this AGREEMENT, 'the Civil Service Rules shall continue to be in effect. 25.2 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 thru April 30, 1981, and thereafter until modified or amended by mutual agree-� ment of the parties. Either garty 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. 25.3 This constitutes a tenCative agreement between the parties which will be recommended by the City Negotiator but is �subject to the approval of tha Administration of the City, the City Council and is also sub3ect to ratification by the UNIONS. WITNESSES: CITY OF S INT PAUL TRI-COUNCIL BY � �' .,, �.� � `� ,. BY: �- � � ` . � t �"f�"' �� abor Relations Dire r S iness Manager, I.ocal 132 t f ��t/,/ 9/ / r p BY: � B'•J-'/ "l!'f"�l/v \ /t� - L`` ` n�.� ��`T> Civil Service Commission ---=:.Busines Represent tive, Local 132 ' / _ _..__� -�'----- _ � : �D Jp � BY•�` t: �-?�'? <-P..-�-_-��` . us'ne s Repre entati , cal 49 _ �//�� usiness Repr sent ti , Local 120 - 33 - � - . . , APPENDIX A I. The hourly wage rates for provisional, regular and probationary employees working in the classes listed below are as shown: Effective Effective Effective 5-01-7� 5-01-79* 5-01-80** Air Compressor Operator $8.53 $9.U0 $9.47 Asphalt Batcherman 9.21 9.64 10.07 Asphalt Raker 8.57 9.00 9.43 Asphalt Plant Engineer 9.21 9.64 10.07 Asphalt Shoveler 8.22 8.65 9,08 Backfiller Operator 9.31 9.84 10.37 Bituminous Curb Machine Operator 8.53 9.06 9.59 Bituminous Spreader Operator 9.31 9.84 10.37 Bridge Crew Leader 8.53 9.05 9.58 Bridge Laborer 8.22 8.65 9.08 Building Laborer 8.12 8.55 8.98 Ditch Digger 8.32 8.75 9.18 Forestry Crew Leader 8.46 9.03 9.60 Heavy Equipment Operator-Asphalt Plant 9.31 9.84 10.37 Grounds Crew Leader 7.84 8.37 8.90 Hoisting Engineer 9.31 t 9.84 10.37 Jackhammer Operator 8.27 8.70 9.13 Kettle Fireman 8.22 8.65 9.08 Labor Crew Leader 8.44 8.95 9.48 Miner � 8.80 9.23 9.66 Miner-Water Department 8.80 9.23 9.66 Mi,xer- Engineer 8.65 9.12 9.59 Mortar riixer 8.27 8.70 9.13 Motor Equipment Operator 9.31 9.84 10.37 biotor Equipment Operator-Water Dept. 9.31 9.84 10.37 Motor Patrol Operator 9.31 9.84 10.37 -AZ- APPENDIX A (Continued) � Effective Effective Effective � S-01-78 5-01-79* 5-01-80** Paving Breaker (Hydra-Hammer Operator) $9.31 $9.84 $10.37 Plasterer's Tender 8.99 9.47 9.95 Power Clam Operator 9.31 9.84 10.37 Power Shovel Operator � 9.5U 10.03 10.56 Public Works Laborer 8.12 8.55 8.98 Pulvimixer Operator 9.31 9.84 10.37 Pumperete Operator 9.39 9.92 10.45 Roller Engineer (Under 6 tons) 8.65 9.12 9.59 Roller Engineer (6':.tons or over) 9.31 9.84 10.37 Sanitation Laborer �.12 8.55 8.98 Sewer Crew Leader 8.68 9.20 9.73 Sewer Laborer 8.37 8,80 9.23 Sewer Maintenance Laborer 8.37 �.80 9.23 Sno-Go Operator 9.31 9.84 10.37 Sweeper Operator 9.31 9.84 10.37 Tamper 8.42 8.85 9.28 Tractor Operator I 8.65 9.12 9.59 Tractor Operator II 9.31 9.84 10.37 Tractor Operator II (Back Hoe) 9.31 s 9.84 10.37 Truck Driver 8.12 8.55 8.98 Tunnel Laborer 8.37 8.80 9.23 Unskilled Laborer 8.12 8.55 8.98 Vibrator Operator 8.22 8.65 9.08 Water Laborer 8.12 8.55 8.98 Water Serviceman I 8.27 8.70 9.13 Water Serviceman II (Connections) 8.53 8.96 9.39 Water Serviceman II (Mains) 8.53 8.96 9.39 - A2 - APPENDIX A (Continued) � EFF. S-01-78 EFF. 5-01-79* EFF. 5-01-80** AFTER AFTER AFTER START 6 MOS. START 6 rIOS. START 6 MOS. Garden Laborer 56.93 $7.2ti $7.36 $7.71 $7.79 $8.14 Gardener 7.18 7.54 7.61 7.97 8.04 8.40 Groundsman 7.18 7.54 7.61 7.97 8.04 8.40 Playground Custodian 7.18 7.54 7.61 7.97 8.04 8.40 Resident Groundsman 7,18 7.54 7.61 7.97 8.04 8.40 School Grounds Maintenance Foreman 7.50 7.87 7.93 8.30 8.36 8.73 Tree Trimmer I 7.18 7.54 7.61 7.97 8.04 8.40 Tree Trimmer II 7.76 8.16 8.23 8.63 8.70 9.10 Watershed Laborer 7.73 8.07 8.16 8.50 8.59 8.93 II. *The May 1, 1979 hourly wage rates for provisional, regular and probationary employees working in the cZasses listed below shall be the rates as shown below LESS the average cost of sick leave usage for the calendar year of 1978 and LESS the average cost of health and life insurance, holidays, pensions and vacation for 1979. Said average costs shall be based on all employees working in classes represented by Local 132. � If the aforementioned cost deductions indicate an hourly increase greater than 43� per hour, that amount in excess of 43� shall be withheld and held in escrow by the employer, and distributed as provided and conditioned below. However, after the aforementioned cost deductions, in no event shall any employee receive less than a 43� per hour increase as in effect on May 1, 1978. - A3 - APPENDIX A (continued) � Asphalt Raker $11.25 Sanitation Laborer $10.80 Asphalt Shoveler 10.90 Sewer Laborer 11.05 Bridge Laborer 10.90 Sewer Maintenance Laborer 11.05 Building Laborer 10.80 Tamper 11.10 Ditch Digger 11.05 Tunnel Laborer 11.05 Jackhammer Operator 10.95 Unskilled Laborer �0.80 Kettle Fireman 10.90 Vibrator Operator 10.90 Miner 11.48 Water Laborer 10.90 Miner-Water Department 11.48 Water Serviceman I 10.90 Mortar Mixer 10.95 Water Serviceman II (Conn.) 11.10 Public Works Laborer 10.80 Water Serviceman II (Mains) 11.10 III. *The May 1, 1979, hourly wage rates for provisional, regul.ar and probationary employees working the classes listed below shall be the rates as shown below LESS the average cost of sick leave usage for the calendar year of 1978 and LESS the average cost of health and life insurance, holidays, pensions and vacation for 1979. Said average costs shall be based on all employees working in classes represented by Local 49. If the aforementioned cost deductions indicate an hourly increase greater than ' S3� per hour, that amount in excess of 53G shall be withheld and held in escrow by the employer, and distributed as provided and conditioned below. Aowever, af ter the aforementioned cost deductions, in no event shall any employee receive less than a 53� per hour increase as in effect on May l, 1978. � Backfiller Operator $I2.68 Bituminous Spreader Operator ':.�12�68 Heavy Equipment Operator-Asphalt 12.68 Hoisting Engineer 12.68 Motor Equipment Operator 12.68 Motor Equip. Opr.-Water Dept. 12.68 Motor Patrol Operator 12.68 Paving Breaker (Hydra-Hammer Opr) 12.68 Power Clam Operator 12.68 Power Shovel Operator 12.90 Pulvimixer Operator 12.68 Pumperete Operator 12.77 Roller Engr. (6 tons or over) 12.68 Sno-Go Operator 12.68 Sweeper Operator 12.68 Tractor Operator II 12.68 Tractor Operator II (Back-hoe) 12.68 - A4 - . APPENDIX A (continued) IV. *The May l, 1979, hourly wage rates for provisional, regular and probationary employees working in the classes listed below shall be the rates as shown below LESS the average cost of sick leave usage for the calendar year of 1978 and LESS the average cost of health and life insurance, holidays, pensions and vacation for 1979. Said average costs shall be based on all employees working in classes represented by Local 49. If the aforementioned cost deductions indicate an hourly increase greater than 47� per hour, that amount in excess of 47� shall be withheld and held in escrow by the employer, and distributed as provided and conditioned below. However, after the aforementioned cost deductions, in no event shall any employer receive less than a 47� per hour increase as in effect on May 1, 1978. Air Compressor Operator $11.80 Bituminous Curb Machine Operator 11.80 Mixer Engineer 11.80 Roller Engr. (under 6 tons) 11.80 Tractor Operator I 11.80 V. �The May 1, 1979, hourly wage rates for provisional, regular and probationary employees working in .the class of Plasterer's Tender shall be the rate as shown below LESS the average cost of sick leave usage fo�, the calendar year of I978 and LESS the average cost of health and life insurance, holidays, pensions and vacation for 1979. Said average costs sha11 be based on all employees working in this class. If the aforementioned cost deductions indicate an hourly increase greater than 48� per hour, that amount in excess of 48� shall be withheld and held in escrow by the employer, and distributed as provided and conditioned below. However, after the aforementioned cost deductions, in no event shall any employee receive less than a 48� per hour increase as in effect on May 1, 1978. - A5 - . APPENDIX A (continued) . �� Plasterer's Tender 511.91 VI. *The May 1, 1979, hourly wage rates for provisional, regular and probationary employees working in the class of Truck Driver shall be the rate as shown below LESS the average cost of sick leave usage for the calendar year of 1978 and LESS the average cost of health and life insurance, holidays, pensions and vacations for 1979. Said average costs shall be based on all employees working in this class represented by Local 120. If the aforementioned cost deductions indicate an hourly increase greater than 43F per hour, that amount in excess of 43� shall be wi.thheld and held in escrow by the employer, and distributed as provided and conditioned below. However, after the aforementioned cost deductions, in no event shall any employee receive less than a 43� per hour increase as in effect on May 1, 1978. Truck Driver $10.80 VII. **The May 1, 1980, hourly wage rates for provisional, regular and probationary employees working in the classes listed below shal�l be the rates as shown below LESS the average cost of sick Ieave usage for the calendar year of 1979 and LESS the average cost of health and Iife insurance, holidays, pensions and vacation for 1980. Said average costs shall be based on all employees working in classes represented by Local 132. If the aforementioned cost deductions indicate an increase greater than 43G per hour, that amount in excess of 43G shall be withheld and added to the amount already held, if any, in escrow. If the aforementioned cost deductions indicate an increase less than 43� per - A6 - � APPENDIX A (continued) hour, that amount less than 43� shall be deducted from the amount held, if any, in escrow and a 43C hourly increase shall be granted. If the amount held in escrow is less than the difference between the indicated increase and 43�, a 43� an hour increase shall nevertheless be granted. Asphalt Raker $11.90 Sanitation Laborer $11.45 Asphalt Shoveler 11.55 Sewer Laborer 11.70 Bridge Laborer 11.55 Sewer Maintenance Laborer 11.70 Building Laborer 11.45 Tamper 11.75 Ditch Digger 11.70 Tunnel Laborer 11.70 Jackhammer Operator 11.60 Unskilled Laborer 11.45 Kettle Fireman 11.55 Vibrator Operator 11.55 Miner 12.13 Water Laborer 11.55 Miner-Water Department 12.13 Water Serviceman I 11.55 Mortar Mixer 11.60 Water Serviceman II (Conn) 11.75 Public Works Laborer 11.45 Water Serviceman II (Mains) 11.75 VIII. **The May 1, 1980, hourly wage rates for provisional, regular and probationary employees working in the classes listed below shall be the rates as shown below LESS the average cost of sick leave usage for the calendar year of 1979 and LESS the average cost of health and life insurance, holidays, pensions and vacation for 1980. Said average costs shall be based on all employees working in classes represented by Local 44. If the aforementioned cost deductions indicate an increase greater than 53� per hour, that amaunt in excess of 53G shall be wi�hheld and added to the amount already held, if any, in escrow. If the aforementioned cost deductions indicate an increase less than 53� per hour, that amount less than 53� shall be deducted from the amount held, if any, in escrow and a 53� h�urly increase shall be granted. If the amount held in escrow is less than the difference between the indicated increase and 53�, a 53� an hour increase shall nevertheless be granted. - A7 - APPENDIX A (continued) " Power Clam Operator $13.38 � Power Shovel Operator 13.60 " Pulvimixer Operator 13.38 Backfiller Operator $13.38 P�Pcre�e Operator 13.47 Bituminous Spreader Operator 13.38 - Roller Engineer Heavy Equipment Opr.-Asphalt 13.38 (6 tons or over) 13.38 Hoisting_Engineer 13.38 Sno-Go Operator 13.38 Motor Equipment Operator 13.38 Sweeper Operator 13.38 Motor Equip. Opr.-Water Dept. 13.38 - Motor Patrol Operator 13.38 Tractor Operator II 13.38 Paving Breaker Tractor Operator II (Hydra Hammer Operator) 13.38 (Back Hoe) 13.38 IX. **The May 1, �980 hourly wage rates for provisional, regular and probationary employees working in the classes listed below shall be the rates as shown below LESS the average cost of sick leave usage for the calendar year of 1979 and LESS the average cost of health and life insurance, holidays, pensions and vacation for 1980. Said average costs shall be based on all employees working in classes represented by Local 49. If the aforementioned cost deductions indicate an increase less than 47� per hour, that amount in excess of 47� shall be withheld and added to the amount already held, if any, in escrow. If the aforementioned cost deductions indicate an increase less than 47� per � hour, that amount less than 47� shall be deducted from the amount held, if any, in escrow and a 47G hourly increase shall be granted. If the amount held in escrow is less than the difference between the indicated increase and 47G, a 47� an hour increase shall nevertheless be granted. Air Compressor Operator $12.40 Bituminous Curb Machine Opr. 12.40 Mixer Engineer 12.40 Roller Engr. (Under 6 tons) 12.40 Tractor Operator I 12.40 - A8 - APPENDIX A (continued) X. **The May 1, 1980, hourly wage rates for provisional, regular and probationary employees working in the class of Plasterer's Ten�er shall be the rate as shown below LESS the average cost of sick leave usage for the calendar year of 1979 and LESS the average cost of health and life insurance, holidays, pensions and vacation for 1980. Said average costs shall be based on all employees working in this class. If the aforementioned cost deductions indicate an increase greater than 48� per hour, that amount in excess of 48F shall be withheld and added to the amount already held, if any, in escrow. If the aforementioned cost deductions indicate an increase less than 48� per hour, that amount less than 48� sha11 be deducted from the amount held, if any, in escrow and a 48� hourly increase shall be granted. If the amount held in escrow is less than the difference between the indicated increase and 48�, a 48G an hour increase shall nevertheless be granted. Plasterer:'s Tender $12.61 XI. **The May 1, 1980, hourly wage rates for provisi�nal, regular and probationary employees working in the class of Truck Driver shall be the rate as shown below LESS the average cost of sick leave usage for the calendar year of 1979 and LESS the average cost of helath and life insurance, holidays, pensions and vacations for 1980. Said average costs shall be based on all employees working in this class represented by Local 120. If the aforementioned cost deductions indicate an increase greater than 43G per hour, that amount in excess of 43G shall be withheld and added to the amount already held, if any, in escrow. - A9 - APPENDIX A (continued) If the aforementioned cost deductions indicate an increase less than 43� per hour, that amount less than 43C shall be deducted from the amount held, if any, in escrow and a 43� hourly increase shall be granted. If the amount held in escrow is less than the difference between the indicated increase and 43G, a 43C an hour increase shall nevertheless be granted. XII. For the purpose of this Appendix A, the term pension shall not include Social Security. XIII.On the lst day of May, 1979, the Personnel Office shall compute.=the average sick leave used by the various groups in the bargaining unit during the calendar year of 1978 and apply this sick leave cost along with the 1979 fringe benefit costs to each group as aforementioned. If the formula with this sick leave usage produces a rate higher than the aforementioned guaranteed increase, the difference in cents per hour in this rate and the guaranteed rate shall be noted but not paid. On the lst day of May, 1980, the Personnel Offic,� sha11 compute the average sick leave used by the various groups in the bargaining unit during the calendar year of 1979 and apply this sick leave cost along with the 1980 fringe benafit costs to each group as aforementioned. If the formula with this sick leave usage produces a rate higher than the aforementioned guaranteed increase, the difference in this rate and the guaranteed rate shall be noted in cents per hour. If the formula with this sick leave usage produces a rate lower than the guaranteed rate , the monies noted in the above paragraph shall be used to reach the guaranteed rate, the guaranteed rate will be nevertheless paid. - A10 - APPENDIX A (continued) If any monies noted in May of 1979 are not reduced, or are reduced to less than zero by applying the cents per hour noted in May, 1980, such monies shall be paid for each hour worked from May 1, 1979 thru April 30, 1980. If there are any monies beyond the guaranteed rate noted in May of 1980, such cents::per hour will be applied to each hour worked from May 1, 1980 thru April 30, 1981. Any monies to be paid according to the above shall be paid by July 1, 1981. � - All - , i i . _ .. _. _ APPENDIX A (continued) XIV. Effective upon the effective date of this contract the following premium pay provisions shall apply: A. Truck Drivers assigned to drive tandem trucks shall receive 20� per hour above the base rate of Truck Driver for each hour or any part thereof worked in such an assignment. B. Any employee in this bargaining unit assigned to operate a Chipping Hammer shall receive 10� per hour above their regular base rate for each hour or any part thereof worked in such an assignment. C. Any employee in this bargaining unit assigned to operate a Cha3n Saw, except emgloyees working under the titles of Tree Trimmer I or Tree Trimmer II, shall receive 15� per hour above their regular base rate for each hour or any part thereof worked in such an assignment. D. Any employee in this bargaining unit assigned to perform the duties of a Tender for a Bricklayer or Blocklayer shall receive lOF per hour above their regular base rate for each hour or any part thereof worked in such an assignment. E� AnX_.G�oundsman or Water Shed Laborer assigned to operate a Chipping Machine shall receive 25F per hour above their regular base rate for each hour or any part thereof worked in such an assignment. F. Any employee in this bargaining unit required to work eight (8) feet or lower beneath ground shall receive 25� per hour above their regular base rate for each hour or any part thereof worked in such an assignment. G. Any esployee in this bargaining unit assigned to tend a building tradesman shall receive 5� per hour above their regular base rate for each hour or any part thereof worked in such an assignment. - Al2 - APPENDIX B The hourly rates for temporary and emergency employees working in the classes listed below are as shown: Effective Effective Effective 5-01-78 5-01-79 5-01-80 Asphalt Batcherman $8.80 $9.45 $10.1Q Asphalt Raker 9.15 9.80 10.45 Asphalt Plant Engineer 8.80 9.45 10.10 Asphalt Shoveler 8.80 9.45 10.10 Bridge Crew Leader 9.30 9.95 10.60 Bridge Laborer 8.80 9.45 10.10 Buildi:ng Laborer 8.70 9.35 10.00 Ditch Digger 8.95 9.60 10.25 Jackhammer Operator 8.85 9.50 10.15 Kettle Fireman 8.80 9.45 10.10 . Labor Crew Leader 8.20 8.85 9.50 Miner 9.38 10,03 10.68 Miner Water Department 9.38 10.03 10.68 Mortar Mixer 8.85 9.50 10.15 Public Works Laborer 8.70 9.35 10.00 � Sanitation Laborer 8.70 9.35 10.00 Sewer Crew Leader 9.45 10.10 10.75 Sewer Laborer 8.95 9.60 1Q.25 Sewer Maintenance Laborer 8.95 9.60 10.25 Tamper 9.00 9.65 10.30 Tunnel Laborer 8.95 9.60 10.25 Unskilled Laborer 8.70 9.35 10.00 Vibrator Operator 8.80 9.45 10.10 - B1 - APPENDTX B (continued) . Effective Effective Effective 5-01-78 5-01-79 5-01-80 Water Laborer $8.70 $9.35 $10.00 Water Serviceman I 8.80 9.45 10.10 Water Serviceman II (Connections) 9.00 9.65 10.30 Water Serviceman II (Mains) 9.00 9.65 10.30 For temporary and emergency employees working in the above titles the following fringe benefit contributions shall be made to the Minnesota Laberers' Fringe Benefit Fund. Hea.lth and Welfare 60� per hour worked Pension 45� per hour worked Vacation 40� per hour worked* The hourly wage rates for temporary and emergency employees working in the class listed below are as shown: Effective Effective Effective 5-01-78 5-01-79 5-01-79 Plasterer's Tender $9.76 $10.46 $11.16 Eor temporary and emergency employees working in the above title the following Fringe Benefit contributions shall be made to tl�e Minnesota Laborers' Fringe Benef it Fund. Health and Welfare 60� per hour worked Pension 45G per hour worked Vacation 40� per hour worked *This 40� vacation contribution is taxable. - B2 - � i APPENDIX B (continued) The hourly rates for temporary and emergency employees working in the classes listed below are as shown: Effective Effective Effective 5-01-78 5-01-79 5-01-80 Air Compressor Operator $10.15 $10.65 $11.15 Backfiller Operator 10.93 11.53 12.13 Bituminous Curb Machine Operator 10.15 10.65 11.15 Bituminous Spreader Operator 10.93 11.53 12.13 Heavy Equipment Opr.-Asphalt Plant 10.93 11.53 12.13 Hoisting Engineer 10.93 11.53 12.13 Mixer Engineer 10.15 10.65 11.15 Motor Equipment Operator 10.93 11.53 12.13 Motor Equipment Operator-Water Department 10.93 11.53 12.13 Motor Patrol Operator 10.93 11.53 12.13 Paving Breaker (Hydra Ha�ner Operator) 10.93 11.53 12.13 Power Clam Operator 10.93 11.53 12.13 Power Shovel Operator 11.15 11.75 12.35 Pulvimixer Operator 10.93 11.53 12.13 Pumperete Operator 11�12 11.62 12.22 Roller Engineer (Under 6 tons) 10.15 10.65 I1.15 Roller Engineer (6 tons or over} 10.93 11.53 12.13 Sno-Go Operator 10.93 11.53 12.13 Sweeper Operator 10.93 11.53 12.13 Tractor Operator I 10.15 10.65 11.15 Tractor Operator II 10.93 11.53 12.13 Tractor Operator II (Back Hoe) 10.93 11.53 12.13 - B3 - i / _ . �� APPENDIX B (continued) For temporary and emergency employees working in the above titles the following fringe benefits shall be made to Funds designated by IUOE, Local 49. Effective Effective Effective S-OI-78 5-01-79 5-01-80 Health and Welfare 55� 60� 65� Pension 50� SSG 60C The hourly wage rates for temporary and emergency employees working in the classes listed below are as shown: Effective Effective Effective S-01-78 5-01-79 5-01-80 Truck Driver $10.15 $10.80 $11.45 Truck Drivers assigned to drive a tandem truck shall receive 20� per hour above the base rate for Truck Driver for each hour worked in such assignment. For the purpose of this Appendix "B" regular employees and persons on a reinstate- ment register who are working on a temporary or emergency appointment shall receive the city's regular rate of pay and city fringe benefits applicable to the title in wh3ch they are temporarily working and no fringe benefit contributions shall be .made for such hours worked. The hourly wage rates for temporary and emergency employees working in classes listed below shall be the same as the wage rates�applicable to provisional, regular and probationary employees working in said classes as shown in APPEAIDIX A. Garden Laborer Gardener Groundsman Playground Custodian Resident Groundsma.n School Grounds Maintenance Foreman Tree Trimmer I Tree Trimmer II Watershed Laborer - B4 - .. � �' 1978-1979-1980 COLLECTIVE BARGAINING AGREEMENT - between - INAEPENDENT SCHOOL DISTRICT I�O. 625 - and - TH& TRI-COUNCIL LOCAL 120 - LOCAL 49 - AND LOCAL 132 0 : . I N D E X ARTICLE tITLE PAGE Principles 1 I Recognition 2 II Maintenance of Standards � III Union Rights 5 IV Payroll Deduction 6 V �`�nagenent Rights 7 VI Safety $ VII . Discipline Procedures 9 VIII Eours, Premium Pay LO IX Insurance �1 X Employee Rights-Grievance Procedure 14 XI Seniorii.y 18 XII �+acations 20 XIII Holic�ays 21 XIV Jury Duty 22 XV Severance Pay 23 XVi Wages 24 XVII Savings Clause 25 XVIII Residence 26 XIX JLrisdiction ' 27 XX Sick Leave 28 XXI ;iaternity Leave 29 XXII r;ilitary Leave 30 XXIII Lega1 Services 3� XXIV Strikes, Lockouts, Work Interferer.ce 32 XX�,� Ter�s of Agree�ent �3 Appendix A # A1 Appendix B �1 - ii - PRItiCIPLES This AGREEI�ivT is entered into to facilitate the adjustment of grievances and disputes betwzen the EriPLO'YER and EMPLOYEES to provide, insofar as possible, for the continuous employment of labor and to establish necessary procedures for the amicable adjustnent of all disputes which may arise between the EMPLQYER and , the UZ3IO:i. Tne EtiPLOYER and the iJPIION encourage the highest possible �egree of practical, friendly, cooperative relationships between their respective representatives at all levels. The officials of the �iPLOYER and the UNION realize that this goal depends primarily on cooperative attituc�es between people in their respective organizations and at a1Z levels of responsibility, and that proper zttitudes aust be based on full understanding of and regard for the respective rights and responsibilities and that proper attitudes must be based on full unc�erstanding of and regard for the respective rights and responsibil- ities of both the �PLOYER and the E2•:.�'LOYEES. --- There shall be no discrimination against any E1�iPL4YEE by reason of race, color, creed, sex, or LTNIOV membership. e The EMPLOYER and the UNION affirm their joint opposition to any discrir�ir.atory practices in connection with e�ployment, pro�otion, or training, re�embering that the public interest �e�ains in fu11 utilization of EMPLOYEES skill ar_d ability without regard to c�nsideration of race, color, czeed, national origin, age or sex. - 1 - ARTICLE I - RECOGNITION 1.1 The E�IiPLOYER recognizes the UI3ION as the sole and e:iclusvie collective bargaining agency for all EriPLOYEES that have been certified by the State of riinnesota, Case No. 73-PR-427-A, as follows: All employees of the City of Saint Paul in the classification of Air Conpressor Operator, Asphalt Batcher�can, Asphalt Plant Engineer, Asphalt Ra'�er, Asphalt Snoveler, Backfiller Operator, Bituminous Curb Machine Opzrator, Bituaiuous Spreader Operatbr, Bridge Crew Leader, Bridge Laborer, Bui3ding Laborer, Ditch Digger, Garden Laborer, Gardener, Groundsnan, Heavy Equipnent OperaCor-- Asphalt Plant, Hoisting Engineer, Jackhamtaer Operator, Kettle Fireman, Labor Crew Leader, riiner, Miner-Water Department, Mixer Engir_eer, Mortar riixer, Motor Equipment Operator, Motor Equipment Operator---�'ater Depart�ent, Motor Patrol Operator, Paving Breaker (Hydra Ha�►mer Operator) , Plasterer's Tender, Playground Custodian,;YPower Clan Operator, Power Shovel Operator, Public Works Laborer, Pulvimixer Operator, Pumperete Operator, Resident Groundsman, Road rlachinery Operator, Roller Engineer (Under 6 tons} , Roller Engineer (b tons or over) , Roofers Helper, Sanitation Laborer, SchooZ Ground Mainteancne Foreman, Sewer Crew Leader, Sewer Laborer, Sewer Maintenance Laborer, Sno-Go Operator, Sweeper Operator� Tamper, Tractor Operator I, Tractor Operator II, Tractor Operator II (Backhoe), Tree Tri�raer I, Tree � Trim�e-r II, Truck Driver, Tunnel Laborer, Unskilled Laborer, Vibrator Operator, tdater Laborer, j�later Service�an I, W'ater Service�!an iI (Connections), 4later Serviceman II (Mains) , and Water-Shed Laborer who �aoxk �ore than 14 hours per week and r.lore than 100 work days par year, excluding Supervisory, Conf idential, t�nporary, e�.ergency, and eM�loyees exclusively represented by other labor or employee orgar_izations. - ? - ARTICLE I - RECOGNITION (continued) Tha parties agrez that any ne�� classifications which are an e�:pznsion of the above bargaining unit or which derive from tha classifieations set forth in this agreetaent shall be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Public Enployaent Relations Act to accorplish said objective. 1.2 The II�LOYER agrees not to enter into any contractually bindino agreements with any employee or representative not authorized to act on behalf of the IT�ION. There shall be no individual agree�ents with any e.nployees that conflict with the terms of this AGREEMENT, and any such agreement or contract shall be null and void. � _ g _ ARTICLE II � rIAINTE��:tiCE OF STA2�IDARDS 2.1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations and all other ger.eraZ workino con3itions shall be maintained at not less than the higY!est mini�tum standard as set forth in the Personnel Rules of the City of Saint Paul (Ordinanee No. 3250) and Ordinance No. 6446 at the tine of � the signing of this Agreement, and the conditior_s of employnent shall. be improve� wherever specific provisions for i.mprove�aent are �ade else- where in this Agreement. a _ !� _ ARTICLE III - UNION �IGHTS 3.1 The UNION �ay desigr.ate employees from within the bargaining unit to act as Stewards and shall inform the EMPLOYER in writing of such designations. Such employees shall have the rights and responsibil- ities as designated in Article 10 (GRIEVAI3CE PROCEDURE) . There sha21 be no nore than one steward from each local involved in any one specific grievance. 3.2 There shall be no deduction of pay from stewards when directly involved in meetings with managenent durir.g working hours for. grievance procedures. 3.3 Dzsignated Unio� Representatives shall be parmitted to visit employees � on job sites and at department buildings during workir_g tine. ► � .� - 5 - ARTICLE IV - PAYROLL D�DUCTION 4.1 The E�fPLOYER shall, upon request of the employee in the unit, deduct such sum as the ITh'IOV �ay specify for the purposes of initiation fees and dues to the UNIOV, providing the iT.iION uses its best efforts to assess such deductions in as nearly uniform and stan�ard a�aounts as is possible. The EriPLOYER shall remit monthly such deductions to the appropriate designated UNION. 4.2 In accordance with M.S.A. 179.65, Subd. 2, the E�iPLOYER agrees that upon notification by the L'NION, the EMPLOYER shall deduct a fa3r srare fee from alI certified employees who are not members of the exclusive representative. In no instance shall tha required contribution exceed a pro rata share of the spec3.fic expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. .. _. : 4.3 The UNION will indemnify, defend and hold the �SPLOYER harmless against any claims made and agair.st any suits instituted against the E�iPLOYER, its officers or employees, by reason of negligence of the UNION in requesting or receiving deductions under th,�is Article. The EMPLOYER will indemzify, defer_d and hold the UNION harmless against any claims nade and against a�y suits instituted against the Uir'IO\T, its officers or employees by reason of negligence on the part of the E:`�IPLOXBR in m_,aking or forwarding deductions under this Article. - 6 - ��7��.�� ARTICLE V - r1ANAGE�iE��1T RIGHTS 5.1 The UNIOV recognizes the right of the EI�LOYER to operate and nar.age its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights an� authority which the ErfPLOYER has not officially abridged, delegated, or modified by this Agreement are retained by the Et�LOYER. 5.2 A public employer is not requiree to meet and negotiate on matters of inherent ma�agerial policy, which include but are not limited to, such area.s of discretion of policy as the functions an.d programs of the II�LOYER, its overall budget, utilization of technology, and organizational structure and selection and direction and number of p�rsonnel. s ^ 7 ^ _ ._ �. ..._.. ... ... .�.�_.. _� .� ::_.____�_:.. _... .. __ _. .____. _. ., _ _ ARTICLE VI - SAFETY 6.1 Accident and injury free operations sha11 be the goal of all F.��LOYERS and EMPLOYEES. To this end the E�fPLOYER and EriPLOYEE will, to th2 best of their ability abida by, azd live up to the requirements of the several State and FederaZ Construction Safety Codes and Regulations. 6.2 To this end the E;iPLOYER 'shall from time to tine issue rules or notices to his EriPLOYEES regarding on the job safety requirements. Any ErIPLOYEE violating such rules or notices shall be subject to disciplinary action. No EMPLOYEE may be discrarged for refusing to work under unsafe conditions. b.3 Such safety equipment as required by governmental regulation, shall be provided without cost to the TfiIPLOYEE. At the EMPLOYER�S ogtion, the EMPLOYEES may be required to sign for safety equiptaent and s:�all be obligated to return same upon discharge, layoff, quit or other termi- nation i.n comparable condition as when issued, providing reasonable wear and tear. The F.I�II'LOYER shall have the right to withhold the cost of such safety equipment if not returned. � � 6.4 The EMPLOYER agrees to pay $10.00 toward the cost of each pair of safety shoes purchased bq an EriPLOYEE that is a mexaber of this unit. The EMPLOT�ER shall contribute for the cost of t�ao pair of shoes per year and shall not be responsible for any additional cost for any additional shoes thereafter. This reimbursenent of $10.00 per pair of shoes shall be r�ade an?y after ir.vestiga�ion and approval by the i.�ediata supervisor of that employee. This $10.00 per pair of shoes cor.tribution to be �ade by the Fr�'LOYER shall apply to those empZoyees ttiho Mus� orear protective shoes or boots far their employ�:er.t. - S - ARTICLE VII - DISCIPLI2iE PROCEDURES 7.1 The EMPLOYER will discipline EriPLOYEES for just cause only. Discipline will be in the forr� of: a) Oral reprimand; b) Written reprimand; c) Suspension; _ d) Reduction; e) Discharge. 7.2 Suspensions, reductions and discharges wi11 be in written form. 7.3 A notice in writing of suspensions, reductions and discharges shall be sent to the EMPLOYEE and the UNION within seventy-tzao (72) hours after such action is taken. 7.4 Discharges will be preceded by a five (5) day prelininary suspension without - pay. During said period, the EMPLOYEE and/or UNION may request, and shall be entitled to a meeting with the EA".PLOYER representative who initiated the suspension cri.th intent to discharge. During said five (5) day period, the EMPLOYER ��ay affir,� the suspension and discharge in accordance with Personae' Rules or may �odify, or withdraw same. 7.5 Grievance relating to this Article shall be processed in accordance with existing Civil Service procedures, except that oral and written reprinands shall be taker_ up in the grievance procedure un�er Article X. 7.6 II�IPLOYEES who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possib�.e, but in no event later than one half hour �fter the beginnino of such work day. 7.7 Failure to �ake such noti.fication may be grounds for discipline. - 9 - ARTICLE VIII - HOURS, PRErIItTLY PAY 8.1 Hours of E�ployment -- The norcnal work day and the :�o�:al work week shall be 8 hours excluding � hour for lunch in any twent5-fou?- hour neriod and 40 hours in a�.y seven-day period. (For enployees on a shift basis, this shall be construed to mean an average of forty houYs z week.) The nornal work week shall consist of five consecutive nor�aal work days. 8.2 Except in cases of emergencies, the EEMPLOYER srall notify the affected WiION of an intention to change a shift at least 24 hours prior to the beginning of the ne�a shif t. 8.3 EI�iPLOYEES shaZ1 report to work location as assigned by a designated EMPLOYE2 supervisor. During the normal work day EM�LOYEES �ay be assigned to other work locations at the discretion of the EMPLOYER. 8.4 Call-in Pay -- When an EMPLOXEE is called to work he shall receive two hours' pay if not put to work. If he is called to work and co�ences work, he shall be guaranteed four straight time hours' pay. These provisions, however, sha?1 not be effective when work is unable to proceed because of adverse weather conditions. :e 8.5 Overtime. Time on the payroll in excess of the norrial hours set forth abov� shall be "overtime work" and shall be done only by order of the head of the department. An employee shall be recompensed for Nork done in excess of the norraal hours by being granted co�pensatory time on a tine and one-half basis or by beir.g pazd on a tiYee and one-half basis for s��ch overtise work. ^ths basis on �•:hich such overti*.ne shall be paid sha�l be det�r�ined solely by tre E`�LOYEP.. The overtime rate of one and one-half srail be computed on the basis of 1/$Oth of the bi-caee'�ly rate. - 10 - ARTICLE VIII - HOURS, PREMItJri PAY (continued) 8.6 A premium pay of fifty-cents (S0�) per hour shall be paid for all swin� stage work, such as work perforaed from a boatswain's chair or a swing scaffold or hazardous work that requires the use of a safety belt fif ty (50) feet or more above the ground. All standard safety laws shall be complied with. � t - 11 - ARTICLE IX - INSURANCE 9.1 The II�LOYER will continue for the period of this AGREEMENT to provide for \ EMPLOYEES such health and life insurance benefits as are provided by Eb�LOXER at the time of execution of this AGREEMENT. 9.2 The EMPLOYER will for the period of this AGREEriENT provide for EMPLOYEES who retire after the time of execution of this AGREEtiENT and until such EMPLOYEES reach sixty-five (65) years of age such health insurance benefits and life insurance benefits as are provided by the EMPLOYER for such EMPLOYEES. 9.3 . In order to be eligible for the benefits under this early retiree provision, the employee must: ' 9.31 Be receiving benefits from a public employee retirement act at the time of retirement. 9.32 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 9.33 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early retiremant date that he or she wishes to be eligible for early retiree 3nsurance benefits. 9.4 The EMPLOYER agrees to contribute the cost of Hospitalization and Medical Coverage or $36.85 per month, whichever amount is less, for each employee who is eligi.ble for such coverage. In additiox�„ for each. eligible employee who selects Dependent's Coverage, the �,fi4'LOYER will contribute one-half (�) of the cost of such Dependent's Coverage or $42.43 per month, whichevex amount is less. These contributions shall be paid to the Ci.ty's Gzoup Health and Welfare Plan. Any increases in these costs shalZ be paid by the EMPLOYEE. Effective January 1, 1979, the $36.85 figure in the above paragraph �vill be changed to reflect the cost of the 1979 pxemium rate required by the insurance carrier covering rsost employees in this bargaining unit. Effective January 1, 1980, this figure shall be changed to reflect the cost of the 1980 premium rate required by the insurance carrier covering most employees in this bargaining unit. Effective January 1, 198I, this figure shall be changed . - 12 - ARTICLE IX . - INSURANCE (continued) to reflect the 1981 premium rate required by the insurance carrier covering . sost employees in the bargaining unit. 9.5 The II�fPLOYER 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 shalZ be paid to tha City's Group Health and Welfare Plan. Any increase in this cost shall be paid by the EriPLOYEE. 9.6 Any employee having ten or r►ore years of s�rvice Eaith the EI�LOYER who becomes ill or injured so as to be unable to continue working and has exhausted all his sick leave and vacation shall be eligible for City paid health and weZfare benefits for a maximum of three years. 9.7 Notwithstanding the benefits granted in this article, the cost to the EMPLOYER for the insurance coverages in 9.4, 9.5 and 9.6 above shall be included in the computation of fringe benefit cost deductions. indicated in Appendix A. f - 13 - ARTICLE X - EMPLOYEE RIGHTS - GRIEVElIvCE PROCEDURE 10.I The EriPLOYER shall recognize stewards selected in accordance with L'�+IO?� rules and regLlations as the grievance represen.tative of the bargair.ing unit. The L:�II02�' shall notify tne EMPLOYER in writing of the na�es of the stewards and of their successors when so n�med. 10.2 It is recognized and accepted by the �iPLOYER and the UNION that the pro- cessing of grievances as hereinafter provided is limited by tha job dutzes and responsibilities of the EMPLOYEES and shall therefore be acconplished during working hours only when consistent with such E�iPLOYEE duties and responsibilities. The steward involved .and a grieving EMPLOYEE sYiall suffer no loss in pay when a grievance �s processed during working hours, provided the steward and the EMPLOYEE have notified and receive the approval of their supervisor to be absent to process a grievar.ce and that such abse�ce would not be detrimental to the work progra�ns of the II�IPLOYER. 10.3 The procedure established by this Article shall be the sole and exclusivp procedure, except for tha appeal of disciplznary action as provided by Article VII for the processing of grievances, which are defined as. an allesed violation of the terms and conditions of this AGREEMENT. s 10.4 Grievances sha.11 be resolved in conformance with the following procedure: Step 1. Upon the occurrence o� an al.leged violation of this AGREEi��vTT, the E�LOYEE involved sha11 �tte�pt to resolve the matter on an inforcaal basis with the E*iPLOYEE'S supervisor. If the �atter is not resolved to the El`iPLOYEE'S satisfactior. by tne inforMal discussion it may be reduced to writing and referred to Step 2 by the UNION. 1ne written grieva:�ce shall set forth the nature of the grievance, the facts on whzch it is based, - 14 - ARTICLE X - ErfPLOYEE RTGHTS - GP.IEVANCE PROCEDURE (continued) the alleged section(s) of the AGREEjiENT violat�d, and the relief requssted. Any alleged violation of the AGREEi•�NT not reduced to writing by the UNION within seven (7) caler_dar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be consid�red waived. St_ ep 2. Within seven (7) calendar days after receiving the written grievance a designated E�iPLOYER supervisor shall neet with the UNION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance ramains ur_resolved, the EMPLOYER shall reply in writing to the UNION within three (3) � calendar days following this meeting. The INION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EriPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. SteP 3. Within seven (7) calendar d�s following receipt of a grievance referred from Step 2 a designated EMPLOYER supervisor shall meet with the INION Business Manager or his designated representative and atterapt to resolve the grievance. Within seven (7) calendar days following this �zeeting the EMPLOYER shall repZy in writing to the UI�iIO:� stating the EMPLOYER'S answer concerning the grievance. If, as a result oi this ��ri�ten response the grievance remains unresolved, the UNIO� may refer the grie�,*ance to Step 4. Any grievance not rer"Q:red to in wryting by the tTNIO�i to Step 4 within seven (7) calendar days followin� receipt of the E:4PLOYER'S anscaer sha11 be considered �.�.i�ed. - 15 - ARTICLE � - E�i:PLOYEE RIGHTS - GRIEVAPiCE PP,OCEDURE (continued) St_ ep 4. If the grievance resaains uaresolved, the tTNIOti may within seven (7) calendar days after the response of tr�e E:iPLOYER in Step 3, by written notice to the E1�iPL0YER, request ar hitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the E,iPLOYER and the INIO�I witnin seven (7) day period, either party nay request the Public Enploy:aent R�lations Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UI3IO�i shall strike the first (lst) name; the E2IPLOYER shall then strike ane (1) name. The process will be repeated and the rer�ainir.g person shall be the arbitrator. 10.5 The .arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREE�NT. The axbitrator shall consider ar_d� decide only �the specific issue sub�itted in writing by the Er�LOYER and the UNION and shall have no authorit5 to �ake a decision on any other issue not so submitted. The arbitrator shall b� without power to nake decisions contrary to or in�.onsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's �ecision shall be submitte3 in writing within thrity (30) days following close of the hearing oz the snbr�issioa of briefs by the parties, whichzver be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrztor's interpretation or application of the express tern_s of this A�REEME�iT and to the facts of the grievance presented. The decision of the arbitrator shall be f inal a:�d binding on the EriE'LOYER, the LTNI4Li and the Er'?'LO`_'E�S. -- 16 - ARTICLE X - Et•�LO�� RIGHTS - GRIEVANCE PROCEDURE (contir.ued) 10.6 The fees �zd e��enses for th� arbitrator's services and proceedings shall be borr_z equally by the Ei�LOYER and the WIO�, provided that each party srall be responsible for compensating its own representa- tives and witLesses. If either party desires a verbatim record of the proceedi�s, it �ay cause such a �record to be �ade, providirig it pays for the record. 10.7 The time �inits in each step of this procedure r:zay ba extended by mutual agrZ�IIl?Pt of the II�fPLOYER and the UNIO\. 10.8 It is understood by the UNION and the EMPLOXER that a grievance may be detern�.r_ed by either the grievance procedure of this contract or by the provis�ons of the Personnel Rules of the City of Saint Paul. If an issue is determined by this grievance procec�ure it shall not again be sub�tted for arbitration under this griev2nce procedure. � - 17 - ARTICLE XI - SElvIORITY 11.1 Seniority, for the purpose of this AGREEt-tENT, shalZ be defined as follows: A. "City Seniority" - The length of continuous, regular and probationary service �vith the Er1PL4YER fron the last date of enployment in any and all class titles. B. "Class Seniority" - the Iength of continuous, reoular and probationary service with the IIKPLOYER from the date an EMPLOYEE was f irst certified and appointed to a ciass title covered by this AGREEMENT,it being furthsr understood that class seniority is confinsd to the current class assignment held by an EI�E'LOYEE. 11.2 Seniority shall terminate when an F1�IPLOYEE retires, resigns, or is discharged. 11.3 A. In the event it is determined by the E2�'LOYER that it is necessary to reduce the work force, EMPLOYEES will be laid off by class title within each division based on inverse length of "Class Seniority". Recall from lay- off shall be inverse order of layoff, except that recall rights sha11 expire after two years of la;�off. B. In cases wnere there are promotional series, such as Unskilled Laborer, Crew Leader, etc. , when the nw ber of employees in these highar titles is to be reduced, employees �oho have held lower titles which are in th�s bargair_ing unit wi.11 be oifered reductions to the highest of tnese titles to �„ninc �lass seaiority 4;ould keen them fro:n beir_g ?aid off, before laqofis are rde by any class title in any department - 18 - ARTICLE XI - SENIORIIY (continued) C. It is further understood that a laid off E�IPLOYEE shall have the right to place�ent in any lower-paid class title in this bargaining � unit, provided said EMPLOYEE has been previously certified and appointed in said lower-paid class title. In such cases, the � � EtiiPLOYEE shall first be placed on a reinstatement register and shall have "C1ass Seniority" based on the date origina.11y certified and appointed to said class. EMPLOYEES �ay also appTy for posit�ons in a lower class but may, nevertheless, return to original class as provided in paragraph (A) above. 11.4 To the extent possible, vacation periods shall be assigned on the basis of "Class Seniority", within each class, by division. It is, however, understood that vacation assign�ents shall be subject to the ability of the EMPLOYER to naintain operations. 11.5 Promotions s'nall be handled in accordance with current Civil Service Rules and practices. � - �9 - ARIICLE XII - VACATIONS 12.1 In each calendar year, each �u11-time E��'LO`IEE shall be granted vacation according to the followir_g sche3ule: Years of Service Vacation Granted Less than 5 years 10 days After 5 years thru 15 years 15 days After 15 years thru 25 years 2I days After 25 years 22 days EriRLOXEES who work less than full-time shall be granted vacation on a pro rata basis. For E�iPLOYEES appointed prior to January 1, 1967, years of service shall be defined to mean the number of years since the date of appointment. For EMPLOYEES appointed on or after January l, 1967, years of service shall be detexr�ined by the actual number of hours worked. 12.2 The head of the Degartr�ent may permit an EMPLOYEE to carry over into the followzng year up to ten days' vacation. 12.3 The above provisions of vacation shall be subject to Ordinance No. 6446 Section I, Sub. H. � 12.4 If an Ei�LOYEE has an accumulation of sick leave credits in excess of one hundred and eighty days, he may convert any part of such excess of vacation at the rate of one-half day's vacation for each day of sick leave cre�it. 12.5 T�ie maximum r.ur:�ber of days' vacation allowed by the conversion of sick lea�e credits shall be no more than fice days ir_ any one year so tha� the maximuu vacation time wnich may be taken in any one year snall be thirtq- seven �ays including the regular vacatian period. - 20 - ARTICLE YIII - HOLIDAYS 13.1 Holidays recogaized and observ�d. Th2 foZlowing days shall be recognized and observed as paid holidays: , l�ew �ears Day Columbus Day Presic�ents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christnas Day Labor Day Two floating holidays Eligible ErtPLOYEES shall receive pay for each of the holidays listed above, on which they perfor� no work. Whenever any of the holidays listed above sha11 fall on Saturday, the preceding Friday shall be observe� as tne holi- day. Whenever any of tha holidays listed above sha11 fa11 on Sunday, the succeeding Monday shall be observed as the holiday. " 13.2 The floating holidays set forth in Section I3.1 ab�ve may be taken at any time during the contract year, subject to the approval of thz Department Head of any E_`LPLOYEE. � 13.3 EligibiZity Requirements, In order to be eligible for a holiday with pay, ' an EMPLOYEE'S name must appear on the payroll on any six wornina days of E the nine working days preceding the holiday; or an E_`�'LOYEE'S name must � � appear on the payroZl the last workino day before the holiday ar.d on three � other working days of the nine workir.g da5�s preceding the ho].iday. In neither case shall the holiday be counted as a �aorKino day for the purposes of this sectior_. It is further understood that neith�r ter.!porary, emergenc}* nor other enployees not heretofore eligible shall recaive holida3T pay. r - 21 - . _ _. _ . _ : . ARTICLE XIV - JiItZY �L?TY 14.1 AnS e:nployee ::ho is required during his regular wor:ing hours to appear in court as a juror or witness except as a witness ir_ his ow-n behalf against the E'•iPLOYER, shall be paid his regular pay while he is so engaged, provided however, that any fees that the E�'iPLOYEE nay receive fror� the court for such service shall bz pazd ta the CITY anc� be degosited with the City Finance Director. Any E*�LOYEE who is scheeuled to work a shi�t, other than the norcaal dayti�e shift, shall be rescheduled to taork the nornal daytime shift during such ti�e as he is required to appear in court as a juror or witness. � - 22 - ARTICLE XV - SE��.R�VCE PAY 15.1 ErII'LOYEES shall be elioible for severance pay in accordance with the Severance Pay Or�inance No. 11490. The amount of Severance Pay allowed shall be that amount pernitted by State Statutes subject to the pro- vision that the TMiaxi�ua anount allowed shall be $4,000. ' 15.2 All EriPLOYEES sha.11 retire from employnent with the �IPLOYER no Zater than the Iast calendar day of the month in whieh an �•iPLOYEE becomes sixty-five (65) years old. � _ �g _ ARTICLE XVI - W.�GES 16.1 The basic hourly wage rates as established by Appendix A shall be paid for alI hours worked by provisional, regular and probationary employees. 16.2 The basic hourly wage rates as established by Appendix B shall be paid for all hours worked by temporary or energency employees. � - 24 - ARTICLE XVII - SA�'INGS CLAL'SE 17.1 This AGREE`��'T is subject to the laws of the United States, the State of riinnesota, and the City of Sain.t Paul. In the event any provision of this AGREEMENT shall hold to be contrary to law by a court of competent jurisdiction fram whose final jud�ent or decree no appeal has been taken within the ti�e provided, such provision shall ba voided. All other provisions shall continue in fuZl force and effect. � - zs - ARTICLE YVIII - RESTDE�CE � n � �/�� 18.1 All new ErLpLOYEES appointed after January 1, 1977, cvould be rsquired to reside in the City of Saint Paul within one year of their original appointment, azd thereafter would be required to remain within the City Limits as long as they were eaployed by the City of Saint Paul. 18.2 EMPLOYEES failing to raeet the residency requriement wi11 be subject to termination and a hearing process shall be established to determine whether the residency requirement was met. a� _ 26 _ ARTICLE XIX - JLRISDICTION 19.1 Disp�tes concerning work jurisdiction between and a�ong unions is recognize� as an appropriate sLbject for deternination by the various unions representir.g EMPLOYEES of the Er�LOY"ER, 19.2 In the event of a dispute concerning the performance of assignment of work, the unions involved and the EMPLOYER shall nee* as soon as mutuazlq gossible to resolve the dispute. Nothing in the foregoing � shall restrict the right of the EriPLOYER to acconplish the work as originally assigned pending resolution of the dispute or to restrict the �IPLOYER'S basic right to assign work, 19.3 Any EP'IPLOYEE refusing to perform work assigned by the EMPLOYER shall be sub3ect to disciplinary action as provided in Article VII (DISCIPLINARY PROCEDURES) .. 19.4 There shall be no work stoppage, slow dowa, or any disruption of work resulting from a �vork assignment. 19.5 The sub-contracting of �vork done by the EriPLOYEES covered by this AGRE�IENT sha11 in aIl cases be made only�to employers who qualify in accordance with Ordinance No. 14013. - 27 - ARTICLE �X - SICK LEAVE 20.1 Sick leave without pay may be granted in accordar.ce with the prcvisions of Section 35� of the Civil Service Rules for a period up to but not to e�ceed three years. s - 28 - ARTICLE XXI - 1�'nTE:��iIlY LEAVE 21.1 riaternity Leave. :faterni�y is defined as the physical state of pregnanc;� of an E:�IPLOYEE, co�mencing eight (8) nonths before the estimate� da�e of childbirth, as determined by a physician, and ending si.�, (6) months after the date of such birth. In the event of an EriPLOYEE'S pregaaacy, the EriPLOYEE nay apply for Zeave withou� pay at any ti�e durino the period stated above and the II��LOYER may approve such leave at its option, and such leave may ba no longer thza one (1) year. s - 29 - ! � � � . . . . . .. . ._ .. .. . _ . . . . . . . . . . . . . . . _ ... .. ... ARTICLE XXII — MILITARY LEAVE 22.1 All monies received from the military oroanizations for participation in such paid military leave, shall be deposited in full with the City Treasurer. This money will be given to the City in return for the full salary required to be paid during this Ieave. � ARTICLE XXIII - LEAGAL SERVICES � 23.1 Exeept in cases of r�alfeasance in office or willful or w2nton neglect of duty, the ErlPLOYEP, shall defend, save harmless and indemniiy an Er1PL0YES, and/or his estate, against any clai�n or de�a:�d, whether groundless or otherwise, arising out of an alleged act or anission in the performance and scope of the EI�LOYEE'S duties. : �.. J1 - � ARTICLE XXIV - STRZK�S, LOCKOUTS, WOFiI� INTEP,rEP,ENCE 24.1 The WIO;iS and the �•iPLOYEP.S agree that there shali be no strit:es, work stoppages, slo��r-downs, sitdown, stay-in, or otner cor.certe� interference with the EMPLOYER'S business or affairs by any of said UNIONS and/or the r�embers thereof, and there shall be no bar.nerir.g during the existance of this AGREEbiEtiT without first using zl? possible means of peaceful settlement of any controversy which �ay arise. a - 32 - • ARTICLE XXV - TERMS OF AGREEMENT 25.1 The EMPLOYER and the UNION acknowledge that during the meeting and negotiating which resulted in this AGREEMENT, each had the right and opportunity to mal�e proposals with respect to any sub�ect concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREEMEI3T. Any and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this AGREEMENT are hereby superseded. Tn those areas where Civil Service Rules are not inconsistent with this AGREEMENT, the Civil Service Rules shall continue to be in effect. 25.2 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 thru April 30, 1981, and thereafter until modified or amended by mutual agreement of the parties. Either party desiXing 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. 25.3 This constitutes a tentative agreement between the parties which will be recommended by the School Board Negotiator but is subject to the approval of the Administration of the City, Independent School District No. 625 and is also sub3ect to ratification by the UNI�JNS. WITNESSES: INDEPENDENT SCHOOL DISTRICT N0. 625 TRI-COUNCIL BY: BY• y'�. • ��%� t/� � School Board Negotiator s' ess Manager, Local 132 BY: BY: ' a .�6/7 a Superintendent, ISD �i625 usiness presentative, Local 132 � - -..� ...� � r _.- ...��-.. ! � � � � B � BY: - �-...:-� � ;�<' .-,�-f'�._�',�..,_,� � - � � ' ss Repre�en�:a� , Local 49 BY• � Q�b T Business R presen at e, Local 20 - 33 - • APPENDIX A . I. The hourly raage rates for provisional, regular and probatianary employees working in the classes listed below are as shocm: Effective Effective Effective S-01-78 S-01-79* 5-01-80** Air Compressor Operator $8.53 $9.U0 $9.47 Asphalt Batcherman 9.21 9.64 10.07 Asphalt Raker 8.57 9.00 9.43 Asphalt Plant Engineer y.21 9.64 10.07 Asphalt Shoveler 8.22 8.65 9.08 Backfiller Operator 9.31 � 9.84 10.37 Bituminous Curb Machine Operator 8.53 9.06 9.59 Bituminous Spreader Operator 9.31 9.84 10.37 Bridge Crew Leader 8.53 9.05 9.58 Bridge Laborer 8.22 8.b5 9.08 Building Laborer 8.12 8.55 8.98 Ditch Digger 8.32 8.75 9.7.8 Forestry Crew Leader 8.46 9.03 9.60 . Heavy Equipment Operator-Asphalt Plant 9.31 9.84 10.37 Grounds Crew Leader � 7.84 8.37 8.90 Hoisting Engineer 9.31 ,�` 9.84 I0.37 Jackhammer Operator 8.27 8.70 9.13 Kettle Fireman 8.22 8.65 9.08 � Labor Crew Leader 8.44 8.95 9.48 Miner 8.80 9.23 9.66 Miner-Water Department 8.80 9.23 9.66 I�ixex: Engine2r � 8.65 9.12 9.59 Mortar rlixer 8.27 8.70 9.13 Motor Equipment Operator 9.31 9.84 10.37 Motor Equipment Operator-Water Dept. 9.3I. 9.84 10.37 Motor Patrol Operator 9.31 9.54 10.37 -Al- APPENDIX A (Continued) Effective Effective Effective S-01-78 5-01-79* 5-01-80** Paving Breaker (Hydra-Hammer Operator) $9.31 $9.84 $10.37 Plasterer's Tender 8.99 9.47 9.95 � Power Clara Operator 9.31 9.84 10.37 Power Shovel Operator � 9.SU 10.03 10.56 Public Works Laborer 8.12 $.55 8.98 Pulvimixer Operator 9.31 9.84 10.37 Pumperete Operator 9.39 9.9'l 10.45 Roller Engineer (Under 6 tons) 8.65 9.12 9.59 Roller Engineer (6':tons or over) 9.31 9.84 10.37 Sanitation Laborer 8.12 8.55 8.98 Sewer Crew Leader 8.68 9.20 9.73 Sewer Laborer 8.37 8.80 9.23 Sewer Maintenance Laborer 8.37 t3.80 9.23 Sno-Go Operator 9.31 9.84 �.0.37 Sweeper Operator 9.31 9.84 10.37 Tamper 8.42 8.85 9.28 - Tractor Operator I 8.65 9.12 9.59 Tractor Operator II 9.31 9.84 10.37 Tractor Operator II (Back Hoe) 9.31 � 9.84 10.37 Truck Driver 8.12 8.55 8.98 Tunnel Laborer 8.37 8.80 �9.23 Unskilled Laborer 8.12 8.55 8.98 - Vibrator Operator 8.22 8.65 9.08 Water Laborer 8.12 8.55 8.98 W'ater Serviceman I $.27 8.70 9.13 Water Serviceman II (Connections) 8.53 8.96 9.39 Water Serviceman II (riains) 8.53 8.96 9.39 - A2 - APPENDIX A (Continued) ' EFF. 5-Q1-78 EFP.. S-OI-79* EFF. 5-01-80�� AFTER � AFTER AFTER START b MOS. START 6 riOS. START 6 MOS. Garden Laborer $6.93 $7.2tS $7.36 $7.71 $7.79 $8.14 Gardener 7.18 7.54 7.61 7.97 8.04 8.40 Groundsman 7.18 7.54 7.61 7.97 8.04 8.40 Playground Custodian 7.18 7.54 7.61 7.97 8.04 8.40 Resident Groundsman 7.18 7.54 7.61 7.97 8.04 8.40 School Grounds rlaintenance Foreman 7.50 7.87 7.93 8.30 8.36 8.73 Tree Trimner I 7.18 7.54 7.61 7.97 8.04 8.40 Tree Trimmer II 7.7b 8.16 8.23 8.63 8.70 9.10 Watershed Laborer 7.73 8.07 8.16 8.50 8.59 8.93 II. *The May 1, 1979 hourly wage rates for pxovisional, regular and probationary employees working in the classes listed below shall be the rates as shown below LESS the average cost of sick leave usage for the calendar year of 1978 and LESS the average cost of heaZth and life insurance, holidays, pensions and vacation for 1979. Said average costs shall be based on all employees working in classes represented by Local 132. .x If the aforementioned cost deductions indicate an thourly increase greater than 43� psr hour, that amount in excess of 43� shall be withheld and held in escrow by the e�ployer, and distributed as provided and conditioned belo�o. However, after the aforementioned cost deductions, in no event shall any employee receive less than a 43� per hour i.ncrease as in effect on riay Z, 1978. - A3 - APPENDIX A (continued) �r��w Asphalt Raker $11.25 Sanitation Laborer � $10.80 Asphalt Shoveler 10.90 Sewer Laborer 11.05 Bridge Laborer 10.90 Sewer riaintenance Laborer 11:05 Building Laborer 10.80 Tamper 11.10 Ditch Digger 11.05 Tunnel Laborer 11.05 Jackha�.mer Operator 10.95 Unskilled Laborer 10.80 Kettle Fireman 10.90 Vibrator Operator 10.g0 Miner 11.48 Water Laborer 1Q.90 Miner-T��ater Department 11.48 Water Serviceman I 10.90 Mortar Mixer 10.95 Water Serviceman II �Conn.) 11.10 Public Works Laborer 10.80 Water Serviceman II (riains) 1I.10 III. *The r�y 1, 1979, hourZy wage rates for provisional, regular and probationary employees working the classes listed below shall be the rates as shown below LESS the average cost of sick leave usage for the calendar year of 1978 and LESS the average cost of health and life insurance, holidays, pensions and vacation for 1979. Said average costs shall be based on alZ employees working in classes represented by Local 49. If the aforementioned cost deductions indicate an hourly increase greater than ' S3� per hour, that amount in excess of 53G shall be withheld and held in escrow by the employer, and distributed as provided and conditioned below. However, _ after the aforementioned cost deductions, in no event shall any employee receive Zess than a 53� per hour increase as in effect on May 1, 1978. � . Backfiller Operator $12.68 Bituminous Spreader Op�rator �.�:12.68 Heavy Equipment Operator-Asphalt 12.68 Hoisting Engineer 12.68 riotor Equipment Operator 12.68 Motor Equip. Opr.-Water Dept. 12.68 Motor Patrol Operator 12.68 Paving Breaker (Hydra-HaMn:er Opr) _12.68 Power Clam Operator 12.68 Power Shovel Opzrator 12.90 Pulvinixer Operator 12.68 Pumperete Operator 12.77 Roller Engr. (6 tons or over) 12.f8 Sno-Go Operator 12.68 Sweeper Operator 12.68 Tractor Operator II 12.68 Tractor Operator II (Back-ho�) 12.68 - A4 - , APPENDIX A (conti.nued) IV. �The May 1, 1979, hourly wage rates for provisional, regular and probationary enployees working in the classes listed below shall be the rates as shown below LESS the average cost of sick leave usage for the calendar year of 1978 and LESS the average cost of health and life insurance, holidays, pensions and vacation for 1979. Said average costs shall be based on all employees working in classes represented by Local 49. .If the aforementioned cost deductions indicate an hourly increase greater than 47� per hour, that amount in excess of 47� shall be withheld and held in escrota by the employer, and distributed as providad and conditioned below. However, after the aforementioned cost deductions, in no event sha11 any employer receive less than a 47� per hour increase as in effect on May 1, 1978. . Air Compressor Operator $11.80 Bituminous Curb Machine Operator 11.80 Mixer Engineer 11.80 Roller Engr. (under 6 tons) 11.80 - Tractor Operator I 11.80 V. �The May 1, 1979, hourly wage rates for provisional, regular and probationary employees working in .the class of Plasterer's Tender shall be the rate as shown belo�v LESS the average cost of sick leave usage fo�r the calendar year of 1978 and LESS the average cost of health and life insurance, holidays, peasions and vacation for 1979. Said average costs shall be based on alI emplo�ees working in this class. If the aforementioned cost deductions indicate an hourly increase greater than 48� per hour, that amount in excess of 48� shall be ��rithheld and held in escro�a by the employer, and distributed as provided and conditioned below. However, after the aforementioned cost deductions, in no event shall any employee receive less than a 48G per hour increase as in effect on May 1, 1978. - AS - APPENDIX A (continued) Plasterer's Tender $11.91 VI. *The riay 1, 1979, hourly wage rates for provisional, regular and probationary employees working in the class of Truck Driver shall be the rate as shown below , LESS the average cost of sick leave usage for the calendar year of 1978 and LESS the average cost of health and life insurance, holidays, pensions and vacations for 1979. Said average costs shall be based on alI employees working in this class represented by Local 120. If the aforementioned cost deductions indicate an hourly increase greater than 43� per hour, that amount in excess of 43� shall be withheld and held in escrow by the employer, and distributed as provided and conditioned below. However, after the aforementioned cost deductions, in no event shall any employee receive less than a 43G per hour increase as in effect on i�iay I, 1978. . Truck Driver $10.8�_ VII. **The May 1, 1980, hourly wage rates for provisional, regular and probationary employees working in the classes listed below shall be the rates as shown below � LESS the average cost of sick leave usage for the calendar year of 1979 and LESS the average cost of health and life insurance, holidays, pensions and vacation for 1980. Said average costs sha11 be based on aIl employees working in classes represented by Local 132. If the aforementioned cost deductions indicate an increase greater than 43G per hour, that amount in excess of 43G shall be withheld and added to the amount already heZd, if any, in escrow. If the aforenentioned cost deductions indicate an increase less than 43� per - A6 - � APPENDIX A (continued) hour, that amount less than 43� shall be deducted from the anount held, if any, in escrow and a 43� hourly increase shall be granted. If the amount held in escrow is less than the difference between the indicated increase and 43�, a 43� an hour increase shall nevertheless be granted. Asphalt Raker $11.90 Sanitation Laborer $11.45 Asphalt Shoveler 11.55 Sewer Laborer 11.70 Bridge Laborer 11.55 Sewer Maintenance Laborer 11.70 Building Laborer 11.45 Tamper I1.75 Ditch Digger 11.7� Tunnel Laborer 11.70 Jackhammer Operator 11.60 Unskilled Laborer 11.45 Kettle Fireman 11.55 Vibrator Operator 11.55 Miner 12.13 Water Laborer 11.55 Miner-Water Department 12.13 Water Serviceman I 11.55 Mortar Mixer 11.60 Water Serviceman II (Conn) 11.75 Public Works Laborer 11.45 Water Serviceman II (t•iains) 11.75 VIII. **The May 1, 1980, hourly wage rates for provisional, regular and probationary employees working i.n the classes listed below shall be the xates as shown below LESS the average cost of sick leave usage for the calendar year of 1979 and LESS the average cost of health and life insurance, holidays, pensions and vacation for 1980. Said average costs shall be based on a11 employees working in classes represented by Local 49. � If the aforementioned cost deductions indicate an increase greater than 53� � per hour, that amount in excess of 53� shali be w�thheld and added to the amount already held, if any, in escrow. If the aforementioned cost deductions indicate an increase less than 53G per hour, that amount less than 53� shall be deducted from the amount held, if any, in escrow and a 53� hourly iricrease shall be granted. If the amount held in escrow is less than the di£ference between the indicated increase and 53C, a 53� an hour increase shall nevertheless be granted. _ A7 _ APPENDZX A (continued) Power Clam Operator $13.38 ' Power Shovel Operator 13.60 ' Pulvimixer Operator 13,38 Backfiller Operator $13.38 Pumperete Operator 13.47 Bituminous Spreader Operator 13.38 " Roller Engineer � Heavy Equipment Opr.-Asphalt 13.38 (6 tons or over) 13.38 Hoisting_Engineer 13�38 Sno-Ga Operator 13.38 Motor Equipment Operator 13.38 Sweeper Operator 13.38 Motor Equip. Opr.-Water Dept. 13.38 : Motor Patrol Operator 13.38 Tractor Operator II 13.38 Paving Breaker Tractor Operator II (Hydra Hammer Operator) 13.38 (Back Eoe) 13.38 IX. �*The May I, 1980 hourly wage rates for provisional, regular and probationary employees working Xn the classes listed below shall be the rates as shown below LESS the average cost of sick leave usage for the calendar year of 1979 and LESS the auerage cost of health and life insurance, holidaps, pensions and vacation for 1980. Said average costs shall be based on all employees working in classes represented by Local 49. If the aforementioned cost deductions indicate an increase less than 47F per hour, that amount in excess of 47� shall be withheld and added to the amount already held, if any, in escrow. If the aforementioned cost deductions indicate an �ncrease less than 47� per houx, that amount less than 47� shall be deducted from the amount held, if any, in escrow and a 47� hoLrly increase shalZ be granted. If the amount held in escrow is less than the difference betwezn the indicated increase and 47�, a 47� an hour increase sha11 nevertheless be granted. Air Com�pressor Operator $12.40 Bituninous Curb riachire Opr. 12.40 Mixer Engineer 12.40 Ro11er Engr. (Under 6 tons) 12.40 Tractor Operator I 12.40 - A8 - APPENDIX A (continued) X. **The May 1, 1980, hourly wage rates for provisional, regular and probationary employees working in the class of Plasterer's Tender shall be the rate as sho�,m below LESS the average cost of sick leave usage for the calendar year of 1979 and LESS the average cost of health and life insurance, holidays, pensions and vacation for 1980. Said average costs shall be based on all employees �aorking in this class. If the aforementioned cost deductions indicate an increase greater than 48� per hour, that amount in excess of 48� shall be withheld and added to the a�ount . already held, if any, in escrow. If the aforementioned cost deduetions indicate an increase less than 48G per hour, that amount less than 48� shall be deducted from the amount held, if any, in escrow and a 48F hourly increase shall be granted. If the amount held in escrow is less than the difference between the indicated increase and 48�, a 48� an hour increase shall nevertheless be granted. Plasterer'.s Tender $12.61 # XI. **The May 1, 1980, hourly wage rates for provisional, regular and probationary employees t,rorking in the class of Truck Driver shall be the rate as shown below LESS the average cost of sick leave usage for the calendar year of 1979 and LESS the average cost of helath and life insurance, holidays, pensions and vacations for 1980. Said average costs shall be based on all employees working in this class represented by Local 120. If the aforementioned cost deductions indicate an increase greater than 43� per hour, that anount in excess of 43� shall be o�ithheld and added to the amount already held, if any, in escrow. - A9 - APPE�TDIX A (continued) If the aforementioned cost deductions indicate an increase less than 43� per hour, that anount less than 43� shall be deducted from the amount held, if any, in escrow and a 43� hourZy increase shall be granted. If the amount held in escrow is less than the difference between the indicated increase and 43�, a 43� an hour increase shall nevertheless be granted. XII. Eor the purpose of this Appendix A, the term pension sha11 not include Social Security. XIII.On the lst day of riay, 1979, the Personnel Office shall compute. the average sick leave used by the various groups in the bargaining unit during the.calendar year of 1978 and apply this sick leave cost along with the 1979 fringe benefit costs to each group as aforementioned. If the formula with this sick leave usage produces a rate higher than the aforementioned guaranteed increase, the difference in cents per hour in this rate and the gaaranteed rate shall be noted but not paid. On the lst day of riay, 1980, tha Personnel Office shall compute the average � sick leave used by the various groups in the bargaining unit during the calendar year of 1979 and apply this sick leave cost along with the 1980 fringe benefit costs to each group as aforemzntioned. If the formula with this sick leave usaae produces a rate higher than the aforementioned guaranteed increase, the differe�ce in this rate and the guaranteed rate shall be noted in cents per hour. If the formula with this sick leave usage produces a rate lower than the guaranteed rate , the monies noted in the above paragraph shall be used to reach the guararteed rate, the guaranteed rate �•7z11 be nevertheless paid. - A10 - APPENDIX A (continued) If any �onies noted in May of 1979 are not reduced, or are reduced to less than zero by applying the cents per hour note3 in May, 1980, such monies shall be paid for each hour worked from May 1, 1979 thru April 30, 1980. If there are any monies beyond the guaranteed rate noted in May of 1980, such cents: per hour will be applied to each hour worked from tiay 1, 1980 thru April 30, 1981. Any aonies to be paid according to the above shall be paid by July 1, 1981. � � - All - ' APPENDIX A (continued) XIV. Effective upon the effective date of this contract the follo:ving premium pay provisions shall apply: A. Truck Drivers assigned to drive tandem trucks shall receive 20� per hour above the base rate of Truck Driver for each hour or any part thereof worked in such an assignment. B. Any employee in this bargaining unit assigned to operate a Chipping Hanmer sha11 receive 10� per hour above their regular base xate for each hour or any part thereof worked in sucb an assignment. C. Any employee in this bargaining unit assigned to operate a Chain Saw, except employees workin� under the titles of Tree Trimmer I or Tree Trimmer II, shall receive 15� per hour above their regular base xate fQr each hour or any part thereof worked in such an assignment. D. Any employee in this bargaini�g tnit assigned to perform the duties of a Tender for a Bricklayer or Blocklayer shall receive I0� per hour above their regular base rate for each hour or any part thereof taorked in such an assignmeut. E� An�:.:Gzoundsman or Water Shed Laborer asssgned to operate a Chipping Ma.chine shall receive 25� per hour above their regular base rate for each hour or any part thereof worked in such an assignment. F. Any employee in this baroaining unit required to r��ork eight (8) feet or lower beneath ground shall receive 25� per hour above their rega].ar base zate for each hour or any part thereof worked in such an assignraent. G. Any employee in this bargainir_j unit assigned to tend a building tradesaan shall receive 5� per hour above their regular base rate for each hour or sny part thereof worked in such an assign�ent. - Al2 - APPE\DIX B The hourly rates for temporary and emergency employees working in the classes listed belo.a ar� as shown: Effective Effective Effective . 5-Q1-78 S-01-79 5-01-80 Asphalt BatcherLan $8.80 $9.45 $10.10 Asphalt Raker 9.15 9.80 10.45 Asphalt P1ant Engineer 8.80 9.45 10.10 Asphalt Shoveler 8.80 9.45 10.10 Bridge Crew Lea3er 9.30 9.95 10.60 Bridge Laborer 8.80 9.45 10.10 Building Laborer 8.70 9.35 10.00 Ditch Digger 8.95 9.60 10.25 Jackhammer Operator 8.85 g.50 10.15 Kettle Fireman 8.80 9.45 10.10 Labor Crew Leader � 8.20 8.85 9.50 Miner - 9.38 10.03 10.68 rliner-�tTater D�partment 9.38 10.03 10.68 Mortar Miher 8.65 9.50 10.15 Public Works Laborer 8.70� 9.35 10.00 Sanitation Laborer 8.70 9.35 10.00 Sewer Crew Leader 9.45 10.I0 10.75 Sewer Laborer 5.95 9.60 10.25 Sewer M�iiitenar_ce Laborer 8.95 9.60 10.25 Tamper 9.00 9.65 10.30 Tunnel I�aborer 8.95 9.G0 10.25 Unskilled Laborer 8.70 9.35 10.00 Vibrator Operator 8.50 9.45 1�.10 - Bl - : � � _ _ . _ APPE:v'DIX B (continued) Effective Effective Effective 5-01-78 5-01-79 S-01-80 Water Laborer $8.70 $9.35 $10.00 Water Servicer.ian I 8.80 9.45 10.10 Water Serviceman II (Conr_ections) 9.00 9.65 10.30 Water Serviceman II (Mains) 9.00 9.'v5 10.30 For te�porary and er�ergency employees working in the a3ove titles the following fringe benefit contributions shall be made to the Minnesota Laberers' Fringe Benefit Fund. Health and Welfare 60� per hour worked Per.sion 45� per hour worked Vacation 40� per hour worked'^ The hourly wage rates for tenporary and emergency em.ployees working in the class listed below are as show-n: V Effective Effective Effective 5-01-78 5-01-79 5-01-79 Plasterzr's Tender $9.76 $10.46 $11.16 For te�porary and e�ergency employees working in the above title the following Fringe Benefit contributions sha11 be made to tl�e rlinnesota Laborers` Fringe Benef it Fund. Health and �delfare 60F per hour wor'.�ced � Pension 45� per hoLr worked Vacation 40� per hour ��-or�ed '�This 40� vacaticn contribution is ta�able. - B2 - . � �rl�� APPENDIX B (contin�ed) The hourly rates foz tengarary and emergency e�:ployees working in the cl�sses listed below are as shown: Effective Effective Effective 5-01-78 5-01-79 5-01-80 Air Compressor Operator $10.15 $10.65 $11.15 Backfiller Operator 10.93 11.53 12.13 BituminoLS Curb Machine Operator 10.15 10.65 11.15 Bituninous S.preader Operator 10.93 11.53 ].2.13 Heavy Equipnent Opr.-Asphalt Plant 10.93 11.53 12.13 Hoistino Engineer 10.93 11.53 12.13 Mixer Engineer 10.L5 10.65 11.15 riotor Equip�ent Operator 10.93 11.53 12.13 Motor Equip�er_t Operator-Z�ater Department 10.93 11.53 12.13 rlotor Patrol Operatcr 10.93 11.53 12.13 Paving Breaker (Hydra Ha�er Operator) 10.93 11.53 12.13 Po�ver Clam Operator 1Q.93 11.53 12.13 Power Shovel Operator 11 .15 11.75 12.35 Pulvimixer Operator 10.93 11.53 12.13 Punperete Operator 11.02 11.62 12.22 s Roller Engineer (Lnder 6 tons) 10.15 10.65 11.15 Roller Engineer (6 tons or over) 10.93 1I .53 12.13 Sno-Go Operator 10.93 1I.53 12.13 Sweeper Operator 10.93 11.53 12.I3 Tractor Operator I 10.15 10.65 12.15 Tractor Operator II 10.93 11.53 12. 13 Tractor Operator II (BGck Eoe) 10.93 11 ,53 12.13 - E3 - , ��213� APPENDIX B (continued) For temporary and energency employees working in the above titles the following fringe benefits shall be made to Funds designated by IUOE, Local 49. Effective Effective Effective 5-01-78 5-01-79 5-01-80 Health and �,lelf are SSG 60� 65G Pension 50� 55� 60� The hourly wage rates for fiemporary and emergency employees working in the classes listed below are as shown: Effective Effective Effective 5-01-7S 5-01-79 5-01-80 Truck Driver $10.15 $10.80 $11.45 Truck Drivers assigned to drive a tandem truck shall receive 20G per hour above the base rate for Truck Driver for each hour worked in such assignment. For the purpose of this Appendix "B" regular employees and persons on a reinstate- ment register who are working on a temporary or emerge:tcy appointment sha11 receiva the city's regular rate of pay and city fringe benefits applicable to the title in which they are tenporarily working and no fringe benefit contributions sha7.1 be .nade for such hours worked. The hourly wage rates for temporary and emergency employees working in classes listed below shall be the same as the wage rates�applicable to provisional, regular and probationary employees working in said classes as shown in APPENDIX A. Garden Laborer Garder_er Groundsman Playground Custodian Resident Groundsman School Grounds Maintenance Foreman Tree Trimmer I Tree TrimzRer II Watershed Laborer - B4 -