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270987 �NHITE - CITV CLERK PINK - FINANCE COUIICII Q(��y(f''/-+ CANARV - DEPARTMENT GITY OF SAINT PALTL _y( � Q BLUE - MAVOR File NO. �� v r . Council Resolution Presented By Referred To Committee: Date Out of Committee By Date An administrative Resolution approving the terms and conditions of the 1978-1979 Agreements between the City of St. Paul, Independent School District No. 625, and the Profe s sional Employee s As sociation, Unit No. I. WHEREAS, the Council, pursuant to the provisions of Section 12.09 of tlze St. Paul City Charter and the Public Employees Labor Relations Act of 1971, as amended, recognizes the Professional Employees Association, Unit No. I, as exclusive representative for the classes of positions within the City of St. Paul certified by the Bureau of Mediation Services under Case No. 74-PR-209-A for the purpose of ineeting and negotiating the terms and conditions of employment for personnel in t,he classes of positions as set forth in the Agreements between the City of St. Paul, Independent School District No. 625, and the exclusive representative hereinabove 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 Jan. 1, 1978, through Dec. 31, 1979, for such personnel as are set forth in the Agreements between the City of St. Paul, Independent School District No. 625, and the exclusive representative; now, therefore, be it RESOLVED, that the Agreements cited above, dated as of the effective date of this Resolution, between the City of St. Paul, Independent School District No. 625, and the Professional Employees Association, Unit No. I, on file in the office of the City Clerk, are hereby approved, and the authorized administrative officials of the City are hereby authorized and directed to execute said Agreements on behalf of the City. Approved: Chai rman Civil Service Commission COUNCILMEN Yeas Na}•s Requested by Department of: Butler PERSONNE OF ICE Hozza In Favor Hunt y�� Levine _ �/ _ Against BY � �O MaY �' �� Form Ap ed by City Attorney Adopted by Council: Date � 'v' ` Certified • s e by Council .e ret BY By � MAY 3 �97� Ap rove by Mayor for b i si n to Council Appro ed IVlavor: Date By BY PueusKEO (�AY 13 1978 � ,� ( .,I.�_... . . . . . . � Do not det�ch thi� m�raa+dum }�o�n �e '= resofution � thnt thi� intorm�tion 1�1 'b� a� s�s ��/�97� . : R�v.s 4/.8�76' �. . ,.: . ...i�.-PI��V W �i,tV Y,� �Ywi:fV�'4 ' �� .. �. . � �. � . . � �'. .. . . . . � �� . {.i '�� . . � ,r•?.,. .� � � . � . . . .� . .. .. �.. �. . . �. .�.. � � . .. ' .. � t,. . . � � . . � . � �. �. .. . � , . .. �. a V'—� �t1�s March 27, 1978 � i� ,.- Q � � � �� , .. � "` ,i �y �. d "�1� .1�Yf��t G�R1�E �� A��' S •,�%�� Itt ��'�aa�� @�l�c* �IA� � . �. <. �: R.ra�u�to�. ��ac` �u��s�+a t� �C�.��! �s�:� � � ,: . ��. 4.. ��. . � �� ► x�QO�pN�rd g!� �tgp�'�val� �td•.su1�A��tvt� a� ��!`��1+��,t+� !� �� tat�ti��. : �:.:..�..� . , , 8 ; � � , � �` , Thi:,� Reeolution: approves the 1978=79'Labox:Agreear�.eats �et�wee� i�.e City �. �rf'�t. Pavl, I.5,D. No. 625, and the Pro#easional Ern:�2oye�s Associat3:on - ' LTxiit No. I. The contrac�ts run for two years, fram Jaauary 1, 19�i 8, ,;; thro�.gh December 31, 1g79. „�.,.�.' ��' The Agreexnents call for a wage ir�creas� af`5. 5% iri each of 1�ie tvPo years. '; Additionally, beginaing the first year,-t1�.e Gity ared I.S,D. N.o.` 625 wila. = : provide term insurance equal to annual �alary, and t�ie City milgage `'`' allowa.nce wall be increased by one cent per rnil.e.`` ,� The Bargaining iTnit �.grees to pay to the City and Z.S.D, l�io: 6�5 a sex�i.ce '� : fee of 25� per member per month., it also agr�es �� a lang�age,cha.nge ' vvhich will require I.S.�. No. b�5 employees,tc� work on miaor fiolidays �� on which s,chool i� in ses$ion at straight t;ime i��retura �or a,holiday to � be taken when school is not in,session. ,. �� ;s� . . _ • ` ��TA�'�S= i ; Resolu�ion and cogies of Laboi �gxeezn�nts, plus capy �o� the City Clert�. . . ;F�: . � � . . - . . . � . . .. . . . � .. . : . .. �. . . . ��.�. ... . . . . . , ... � . _� � I!'.. . . � . � ... . . ' .. '. �. ' . . .. � :. . ' .. . . �... . . . . . . . . . . .. ; .. , . . . . . ' . r; , r i � \ • ��'� 1978 - 1979 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF SAINT PAUL AND • THE CITY OF SAINT PAUL PROFESSIONAL �LOYEES ASSOCIATION UNIT N0. 1 � S v INDEX ARTICLE TITLE PAGE Preamble iii I Recognition 1 II Severance Pay 3 III Management Rights : 4 IV Maintenance of Standards 5 V Check Off and Service Fee 6 VI Hours of Work, and Overtime 7 VII Seniority 8 VIII Working Out of Classification 9 IX Discipline 10 X Legal Services 11 XI Grievance Procedures 12 XII Wage� 16 XIII City Mileage 17 XIV Saving Clause I9 XV Insurance 20 XVI Vacation 22 XVII Holidays 23 XVIII Duration and Effective Date 24 Appendix A Al - ii - c �. PREAMBLE This AGREEMENT entered into on �1 day of ;��rch , 197II , between the City of Saint Paul, hereinafter re£erred to as either the "ENIPLOYER" of the "CITY", and the City of Sa:inC Paul Professional Employees Association, Unit No. I, hereinafter referred to as the "ASSOCIATION", for the purpose of fostering and promoting harmonious relations between the CITY and the ASSOCIATION in order that a high level o€ public service can be provided � to the citizens of the CITY. This AGREEMENT attempts to accomplish this purgose by providing a fuller and more complete understanding on the part of both the CITY and the ASSOCIATION of their respective rfghts and responsibilities. The provisions of this AGREEMENT sha11 not aborgate the rights and/or duties of the II��LOYER, the ASSOCIATION, or the employees as established - under the provisions of the Public Employee Labor Relations Act of 1971, as amended. - iii - ARTICLE I - RECOGNITION 1.1 The CITY recognizes the ASSOCIATION as the exclusive representative for the Classified Professional Employees Group, as certified by the State of Minnesota Bureau of Mediation Services, dated December 11, 1973, Case No. 74-PR-209-A. This unit above consists of the following: Accountant I Community Dev. Grant Assistant III Accountant II Community Dev. Grant Assistant IV Accountant III Community Relations Specialisfi-- Admin. Asst.--City Planning Human Rights Department Admin. Asst.--Public Works Conservatory Education Officer Admin. Asst.--Community Services Conservatory Supervisor Arborist I Criminal Justice Planner I Arborist II Criminal Justice Planner II Arborist III Criminalist I Arborist IV Criminalist II Architect I Data Base Coordinator Architect II Dietician Archi.tect III Electricai Engineer I Architectural Designer Electrical Engineer II Assistant Chief Surveyor Electrical Engineer III Asst. Grants-In-Aid Coordinator Graphic Artict I Bacteriologist-Chemist I Graphic Artist II Bacteriologist-Chemist II Health Educator I Chemist I Health Educator II Chemist II � Health Educator III Chief Public Bldgs. Technician Health Statistician I Citizen Participation Coordinator Health Statistician II City Planner I Health Statistician III City Planner II Human Resources Develop. Specialist City Planner III Human Resources Planner II City Planner IV Human Rights Analyst--Researcher City Planning Research Analyst II Industricl Hygienist I Civil Engineer I Industricl Hygienist II Civil Engineer I-Water Dept. Infortnation Specialist Civil Engineer II Landscape Architect I Civil Engineer II--Water Dept. Landscape Architect II Civil Engineer III Landscape Architect III Civil Engineer III--Water Dept. Legislative and Research Assistant Community Dev. Grant Asst. I to the Council Community Dev. Grant Asst. II Librarian I - 1 - , ARTICLE I - RECOGNITION (continued) Librarian II Pro�ect Director--Recreation Librarian III Project Social Worker I Librarian IV (Children and Youth) Project Social Worker II Librarian IV (Circulation Publie Health Nurse I Librarian IV (Extension) Public Health Nurse II Librarian IV (Fine Arts & Audio Visual) Public Health Nutritionist Librarian IV (Reference) Recreation Director I Librarian IV (Science and Industry) Recreation Director II � Librarian IV (Technical Services) Research Analyst I Library Technician I (Display) Research Analyst II Library Technician I (Fine Arts) Research Analyst III • Library Technician I (General) Research Analyst IV Library Technician II (Display) Research Coordinator Library Technician II (Fine Arts) Sanitarian I Library Technician II (General} Sanitarian II Manpower Planner I Sanitarian III Manpower Planner II Structural Engineer I Manpower Planner III Structural Engineer II Mechanical Engineer I Structural Engineer III Mechanical Engineer II Systems Analyst I Mechanical Engineer III Systems Analyst II Medical Examiner (Aurist) Systems Analyst III Medical Examiner (General) Traffic Engineer I Medical Examiner (Oculist) Traffic Engineer II Medical Examiner (Orthopedist) Traffic Engineer III Medical Examiner (Pediatrist) Water Chemist I Medical Examiner (Psychiatrist) Water Chemist II Medical Examiner (Roentgenologist) Substitute Library Technician riulti-Service Center Coordinator Pharmacist Planning Supervisor ' Procurement Coordinator Pro�ect Assistant I Project Assistant II Project Assistant III - 2 - ARTICLE II - SEVERANCE PAY Employees shall be eligible for severance p"ay in accordance with the Severance Pay Ordinance No. 16303. The amount of Severance Pay allowed shall be that amount permitted by State Statutes sub�ect to the provision that the maximum amount allowed shall be $4,000. - 3 - ARTICLE III - MANAGEMENT RIGNTS 3.1 The ASSOCIATION recognizes the right of the EMPLOYER to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the EMPLOYER has not officially abridged, delegated, or modified by this AGREEMENT are retained by the EMPLOYER. 3.2 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 or 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. - 4 - . ARTICLE IV - MAINTENANCE OF STANDARDS 4.1 The parties agree that all conditions of employment relating to wages, hours or work, vacations, and all other general working conditions except as modified by this agreement shall be main- tained at not less than the highest minimum standard as set forth in the Personnel Rules of the City of Saint Paul, (Ordinance 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 elsewhere in this AGREEMENT. - 5 - ARTIC?.E V - CHECK OFF AND SERVICE FEE 5.1 The EMPLOYER agrees to deduct the ASSOCIATION membership initiation fee assessments and once each month dues from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the EMPLOYER by a represent- ative of the ASSOCIATION and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 5.2 Any present or future employee who is not an ASSOCIATION member shall be required to contribute a fair share fee for services rendered by the ASSOCIATION. Upon notification by the ASSOCIATION, the EMPLOYER shall check off said fee from the earnings of the employee and transmit the same to the ASSOCIATION. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. It is also understood that in the event the CITY shall make an improper fair share deduction from the earnings of an employee, the ASSOCIATION shall be obligated to make the CITY whole to the extent that the CITY shall be required to reimburse such employee for any amount improperly withheld. This provision shall remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. 5.3 The ASSOCIATION agrees to idemnify and hold the II�LOYER harmless against any and all claims, suits, order or judgments brought or issued against the CITY as a result of any action taken or not taken by the CITY under the provisions of this Article. 5.4 The ASSOCIATION agrees that a service fee of twenty�fiYe cent�. (25�� per member, per month shall be deducted by the City of St. Paul from the amount withheld for dues or fairshare prior to remittance of dues or fairshare to the ASSOCIATION. ARTICLE VI - HOURS OF WORK AND OVERTIME 6.1 The normal hours of work for the employees shall be a minimum of seven and three-fourths (7 3/4) hours in any twenty-four (24) hour period and thirty-eight and three-fourths (38 3/4) hours in a seven (7) day period. For employees on a shift basis this shall be con- strued to mean a minimum average of thirty-eight and three-fourths (38 3/4) hours a week. 6.2 Employees who work more than seven and three-fourths (7 3/4) hours in any 24 hour period or more than thirty-eight and three-fourths (38 3/4) hours in any 7 day period shall not receive pay for such additional work except as in 6.4 below. 6.3 It is understood by the parties that Section 9B - OVERTIME of Ordinance No. 3250 shall not apply to this unit. 6.4 In unusual circumstancPS a department head may grant employees who work more than seven and three-fourths (7 3/4) hours in any twenty- four (24) hour period or more than thirty-eight and three-fourths (38 3/4) hours in any particular 7 day period compensatory time or pay on a straight time basis for the extra hours worked. - 7 - , ARTICLE VII - SENIORITY 7.1 Seniority, for the purpose of this AGREEMENT, shall be defined as follows: The length of continuous, regular and probationary service with the EMPLOYER from the date an employee was first certified and appointed to a class title covered by this AGREEMENT, it being further understood that seniority is confined to the current class assignment held by an employee. In cases where two or more employees are appointed to the same class title on the same date, the seniority shall be deter- mined by the employee's rank on the eligible list from which certification was made. 7.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 7.3 In the event it is determined by the EMPLOYER that it is necessary to reduce the work force, employees will be laid off by class title within each Department based on inverse length of seniority as defined above. 7.4 In cases where there are promotional series, such as Engineer I, II, III, etc. , when the number of employees in the higher titles is to be reduced, employees wha have held lower titles will be offered reductions to the highest title to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. 7.5 Recall from layoff shaZl be in inverse order of layoff, except that recall rights shall expire after one year of layoff. It is understood that such employees will pick up their former seniority date in any class of positions that they previously held. 7.6 To the extent possible, vacation period shall be assigned on the basis of seniority. It is however, understood that vacation assignment shall be subject to the ability of the employer to maintain operations. - 8 - ARTICLE VIII - WORKING OUT OF CLASSIFICATION 8.1 EMPLOYER shall avoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) consecutive working days shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16) day of such assignment. For purposes of this article, an out-of-class assignment is defined as an assignment of an employee to perform, on a fu11 time basis, all of the significant duties and responsibilities of a position different from the employee's regular position, and which is in a classification higher than the classification held by such employee. The rate of pay for an approved out-of-class assignment shall be the same rate the employee would receive if such employee received a regular appointment to the higher classification. _ g _ ARTICLE IX - DISCIPLINE 9.1 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period the employee and/or ASSOCIATION may request, and shall be entitled to a meeting with the EMPLOYER representative who initiated the suspension with intent to discharge. During the five (5) day period, the EMPLOYER may affirm the suspension and discharge in accordance with Personnel Rules or may modify, or withdraw same. - 10 - ARTICLE X - LEGAL SERVICES 10.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, EMPLOYER shall defend, save harmless and indemnify employee against any tort claim or demand, whether groundless or otherwise, arising out of an al�eged act or omission occurring in the performance and scope of employee's duties. - 11 - ARTICLE XI - GRIEVANCE PROCEDURE 11.1 A grievance is defined as a dispute or disagreement as to the interpret- ation or application of the specific terms and conditions of this AGREEMENT. 11.2 The EMPLOYER will recognize representatives designated by the ASSOCIATION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The ASSOCIATION shall notify the EMPLOYER in writing of the names of such Association Representa- tives and of their successors when designated. The E1�LOYER shall notify the ASSOCIATION in writing as to its designated representatives. 11.3 It is recognized and accepted by the ASSOCIATION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the �ob duties and responsibilities of the employees and shall therefore be accomplished during normal working hours when consistent 4�ith such employee duties and responsibilities. The aggrieved employee and as Association Representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the employee and Association Representative have notified and received the approval of designated supervisor and provided that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. It is understood that the EMPLOYER shall not use the above limitation to hamper the processing of grievances. 11.4 Grievances, as defined by Section 11.1, shall be resolved in conformance with the following procedure: - 12 - ARTICLE XI - GRIEVANCE PROCEDURE (continued) Step 1. An employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the EMPLOYER. The Employer- designated representative will discuss and give an answer to such Step I grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 by the ASSOCIATION with�n fifteen (15) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the ASSOCIATION within fifteen (15) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the ASSOCIATION and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Association Employer's Step 2 answer in writing within ten (10) calendar days following the Employer- designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the ASSOCIATION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Association and discussed with the Employer-designated S�ep 3 representative. The Employer-designated representative shall give the ASSOCIATION Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative's - 13 ARTICLE XI - GRIEVANCE PROCEDURE (continued) final answer in Step 3. Any grievance not appealed in writing to Step 4 by the ASSOCIATION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the ASSOCIATION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. If a mutually acceptable arbitrator cannot be agreed upon, the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. Step 5. The arbitrator shall have no right to amend, modify, nullify, ignore the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the ASSOCIATION, 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 inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing, copies to both parties and the Bureau of Mediation Service within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the ASSOCIATION and 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. - 14 - i� ,, ':- . , <�,, � :r'rv ' �;; �.y�. v'1 n �'�'9 4�� :`', �� .J -,. .r• � � ' 1��1i.LE X-i 'DURE (continued) '�' a . 'J� V\�9� Y'�.5 Tt�=<- arbitrator's services and proceedings . r,• ��`� '�•�Y��. �'� ;.� EMPLOYER and the ASSOCIATION provided ' �_. `'�r `:� '� responsible for compensating its own r �;� ; aitnesses. If either party desires a verbatim record of it may cause such a record to be made, providing it pays �d. If �oth parties desire a verbatim record of the proceedings shall be shared equally. a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed ta the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the II�.'LOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the ASSOCIATION may elect to treat the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the ASSOCIATION in each step. 11.7 It is understood by the ASSOCIATION and the FMPLOYER 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 �flr arbitration under the Personnel Rules. If an issue is determined by the provision of the Personnel Rules it shall not again be submitte+d for arbitration under this grievance procedure. - ZS - ARTICLE XII - WAGES 12.1 Effective January 1, 1978, all salary rates applicable to titles in this bargaining unit shall be increased five and one-half percent (5.5%) . 12.2 Effective January 1, 1979, all salary rates applicable to titles in this bargaining unit shall be increased five and one-half percent (5.5%) . 12.3 The wage schedule is attached for purposes of reference only and is not a part of this contract. - 16 - ARTICLE XIII - CITY MILEAGE 13.1 Automobile Reimbursement Authorized: Pursuant to Chapter 92A of the St. Paul Legislative Code, as amended, pertaining to reimbursement of - City officers and employees for the use of their o4m automobiles in the performance of their duties, the following provisions are adopted. 13.2 Method af Computation: To be eligible for such reimbursement, aIl officers and employees must receive written authorization from the Mayor. Reimbursement shall be made in accordance with one of the following plans: Type 1. For those officers and employees who are required to � use their own automobiles occasionally for official City business, reimbursement at the rate of 14 cents for each mile driven. Type 2. For those officers and employees who are required to use their own automobiles on a regular basis on City business, reimbursement at the rate of ' $2.50 for each day of work, and in addition thereto at the rate of 7.5 cents for each mile driven. 13.3 Ru1es and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules sha11 contain the requirement that recipients shall file daily reports indicating place of origin and destination and applicable mileage ratings thereat and indicating total miles driven, and shall file monthly affidavits stating the number o£ days worked and the number of miles driven, and further required that they maintain automobile liability insurance in amounts not less than - 17 - . , ARTICLE XIII - CITY MILEAGE (continued) $100,000/300,000 for personal in3ury, and $25,000 for property damage. These rules and regulations, together with any amendments thereto, shall be maintain on file with the City Clerk. 13.4 The provisions of this Article shall not apply to employees of Independent School District No. 625. - 18 - , � , ARTICLE XIV - SAVING CLAUSE 14.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota. In the event any provisions of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken with3n the time provided, such provisions shall be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. All other provisions of this AGREEMENT shall continue in full force and effect. - 19 - � ARTICLE XV - INSURANCE 15.1 The EMPLOYER will continue for the period of this AGREEMENT to provide for employees such health and life insurance benefits as are provided by EMPLOYER at the time of execution of this AGREEMENT. 15.2 The EMPLOYER wi11 for the period of this AGREEMENT provide for employees who retire after the time of execution of this AGREEMENT and until such employees reach sixty-five (65) years of age such health insurance benefits and life insurance benefits as are provided by the FS�IPLOYER for such employees. 15.3 In order to be eligible for the benefits under the early retiree provision, the employee must: 15.31 Be receiving benefits from a public employee retiree act at the time of retirement. 15.32 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 15.4 The CITY agrees to contribute the cost of Hospitalization and Medical Coverage or $36.85 per month, whichever amount is less, for each employee who is eligible for such coverage. In addition, for each eligible employee who selects Dependent's Coverage, the CITY will contribute one-half (�) of the cost of such Dependent's Coverage or $42.43 per month, whichever amount is less. These contributions shall be paid to the City`s Group Health and Welfare Plan. Any increases in these costs shall be paid by the employee. 15.5 The CITY agrees to contribute the cost for $5,000 of Life Insurance Coverage for each employee who is eligible for such coverage or $3.05 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 employee. 15.6 At the option of the Union and Effective January l, 1979, the $36.85 figure reflected i.n paragraph 15.4 above may be changed to the cost of 1979 premium rate required by the insurance carrier covering most employees in the barg�ining unit. Further, the $42.43 figure above shall be changed, if the 20 � ARTICLE XV - INSURANCE (Continued) Union exercises such option, to reflect 50% of said 1979 premium rate for dependent coverage. If such option is exercised, the increased cost to employer of the above shall be converted to a percentage and notwithstanding any provision of this contract to the contrary, shall be deducted from the wage increase applicable to each and every employee in the ASSOCIATION for 1979. The option herein must be exercised in writing by the ASSOCIATION. before January 1, 1979, or shall be deemed to have been waived by the ASSOCIA�ION. 15.7 In addition to the $5,000 Life Insurance Coverage in 15.5, the CITY agrees to contribute the cost of additional Life Insurance Coverage or $.51 per thousand dollars of coverage per month, whichever amount is less. The total amount of Life Insurance Coverage provided under this section and Section 15.5 for each employee shall be equal to the employee's annual salary rounded down to the nearest full thousand dollars. For the purpose of this section, the employee's annual salary shall be based on the salary as of the beginning of a Calendar year.. This contribution shall be paid to the City's Group Health and Welfare Plan. -21 - ARTICLE XVI - VACATION 16.1 In each calendar year, each full-time employee shall be granted vacation according to the following schedule: Years of Service Vacation Granted Less than 8 years 15 days After 8 years thru 15 years 20 days After 15 years and thereafter 25 days Employees who work less than full-time shall be granted vacation on a pro rata basis. 16.2 The head of the department may permit an employee to carry over into the following year up to ten days' vacatian. 16.3 The above provisions of vacation shall be sub3ect to Ordinance No. 6446, Section I, Subdivision H• 16.4 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 to vacation at the rate of one-half day's vacation for each day of sick leave credit. - 22 - ARTICLF. XVII - HOLIDAYS 17.1 Holidays recognized and observed. The following days shali be recognized and observed as paid holidays: New Years Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day Labor Day �,ro floating holiday Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 17.2 The floating holidays set forth in Section 17.1 above may be taken at c any time during the contract year, subject to the agproval of the Department Head of any employee. 17.3 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. - 23 - M ARTICLE XVIII - DURATION AND EFFECTIVE DATE 18.1 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 December 31, 1979, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify this AGREEMENT shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. 18.2 This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is sub�ect to the approval of the Administration of the City, the City Council and is also sub�ect to the ratification by the ASSOCIATION. WITNESSES: CITY QF SAINT PAL'L CIT'Y 0}�' SAINT PAUL PROFESSIO �,L EMPLOYEES ASS CIATION, NI N0. 1 . • i ' _� .,... BY: / �� . ity Nego iat �--- B}rs'`ness Representa i e � BY: BY: BY: BY: Civil Service Com.mission BY: BY: Mayor BY: City Attorney - 24 - � . � APPENDIX "A" - TITLES AND SALARIES Library Technician I (Display) Library Technic�an I (Fine Arts) Library Technician I (General) A B C D E F G 10-yr. 15-yr. 475.50 494.50 514.00 5G0.00 566.50 595.50 625.00 644.00 662.00 Arborist I City Planner I Community Development Grant Assistant I : Conservatory Education Officer Dietician Information Specialist Manpower Planner I . Project Social Worker I Recreation Director I Sanitarian I (Appointed after January 1, 1976) A B C D E F G 10-yr. 15-yr. 505.00 525.00 545.00 573.50 601.50 631.50 662.50 682.50 7Q2.00 Accountant I Criminal Justice Planner I Graphic Artist I Health Educator I ' Health Statistician I Industrial Hygienist I Librarian I Library Technician II (Display) Library Technician II (Fine Arts) Library Technician II (General) Pro�ect Assistant I Public Health Nurse I Research Analyst I Research Coordinator Systems Analyst I A B C D E F G 10-yr. 15-yr. 534.50 556.00 579.00 607.50 638.50 670.50 703.50 724.50 745.50 Arborist II Bacteriologist-Chemist I Chemist I City Planner II Community Development Grant Assistant II Criminalist I Manpower Planner II Project Social Worker II Public Health Nurse II Public Health Nutritionist Sanitarian II (Appointed after January 1, 1976) Water Chemist I A B C D E F G 10-yr. 15-yr. 567.00 590.50 614.00 644.50 677.00 711.00 746.50 768.00 790.50 � APPENDIX ��A�� - TITLES AND SALARIES (con�t.) **City Planning Research Analyst II Criminal Justice Planner II Graphic Artist II Health Educator II Health Statistician II . **Human Resources Planner II Industrial Hygienist II Librarian II Program Coordinator--Police Pro3ect Assistant II Research Analyst II A B C D E F G 10-yr. 15-yr. 585.00 607.50 631.50 663.50 697.00 732.00 768.00 791.50 815.00 Accountant II Architect I Civil Engineer I Civil Engineer I--Water Department Electrical Engineer I Landscape Architect I Mechanical Engineer I Project Director--Recreation Recreation Director II Structural Engineer I Systems Analyst II Traffic Engineer I A B C D E F G 10-yr. 15-yr. 602.00 626.50 651.50 684.00 718.00 754.50 791.50 813.50 839.50 Arborist III Bacteriologist-Chemist II Chemist II City Planner III Community Development Grant Assistant III Manpower Planner III Project Assistant III Sanitarian III Water Chemist II A B C D E F G 10-yr. 15-yr. 639.00 664.00 691.00 726.00 761.00 799.50 840.50 865.00 889.50 Administrative Assistant--City Planning Administrative Assistant--Public Works Department Citizen Participation Covrdinator Community Relations Specialist--Human Rights Department Health Educator III Health Statistician III Human Resources Development Specialist Human Rights Analyst--Researcher Librarian III Multi-Service Center Coordinator Research Analyst III Systems Analyst III Pharnaacist A B C D E F G 10-yr. 15-yr. 658.00 684.00 711.50 747.00 785.�4 823.50 865.00 890.50 9I7.00 - A2 - /. � APPENDIX "A" - TITLES AND SALARIES (con�t.) Accountant III Architect II Assistant Chief Surveyor Assistant Grants-in-Aid Coordinator Civil Engineer II Civil Engineer II--Water Department Conservatory Supervisor Criminalist II Electrical Engineer II Landscape Architect II Mechanical Engineer II Procurement Coordinator StructuraZ Engineer II Traffic Engineer II A B C D E F G 10-yr. 15-yr. 678.00 705.50 733.00 769.00 808.00 848.00 890.50 918.00 945.00 Administrative Assistant--Comm. Serv. Architectural Designer Maintenance Coordinator A B C D E F G 10-yr. 15-yr. 698.50 726.50 755.00 793.00 832.50 874.00 918.00 945.00 972.50 Librarian IV (Children and Youth) Librarian IV (Circulation) Librarian IV (Extension) Librarian IV (Fine Arts and Audio-Visual) Librarian IV (Science and Industry) Librarian IV (Technical Services) Librarian IV (Reference) _ , A B C D E F G 10-yr. 15-yr. 741.00 770.00 800.50 841.50 883.00 928.00 974.00 1003.50 1031.50 Arborist IV Architect III Chief Public Buildings Technician City Planner IV Civil Engineer III Civil Engineer III--Water Department Community Development Grant Assistant IV . Electrical Engineer III Landscape Architect III Mechanical Engineer III Medical Examiner (Aurist) Medical Examiner (General) Medical Examiner (Oculist) Medical Examiner (Orthopedist) Medical Examiner (Pediatrist) riedical Examiner (Psychiatrist) Medical Examiner (Roentgenologist) Research Analyst IV Structural Engineer III Systems Analyst IV Traffic Engineer III A B C � D E F G 10-yr. 15-yr. 786.00 817.50 850.00 892.50 937.00 984.00 1033.00 1063.50 1095.00 - A3 - a . . APPENDIX "A" - TITLES AND SALARIES (con�t.) Planning Supervisor A B C D E F G 10-yr. 15-yr. 809.00 842.00 875.00 919.00 965.00 1014.d0 1063.50 1095.50 1128.00 Data Base Coordinator Legislative & Research Assistant to the Coundil A B C D E F G 10-yr. 15-yr. 833.50 866.50 901.50 946.50 994.00 1043.50 1095.50 1128.50 1161.5Q Sanitar�an I (Appointed prior to January 1, 1976) A B C D E F 10-yr. 15-yr. 538.00 563.50 590.50 618.00 647.00 678.50 697.00 736.00 Sanitarian II (Appointed prior to January 1, 1976) A B C D E F 10-yr. 15-yr. 602.50 629.50 660.50 690.50 724.50 757.50 780.00 802.00 Substitute Library Technician $5.22 per hour Effective January 1, 1979 all rates in this Appendix "A" shall be increased five and one-half percent (5.5%) _ n� _ ' .t� ).. ♦ t ARTICLE VIII - WORKING OUT OF CLASSIFICATION 8.1 EMPLOYER shall avoid, whenever possible, working an emploqee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) consecutive working days shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16) day of such assignment. For purposes of this article, an out-of-class assignment is defined as an assignment of an employee to perform, on a full time basis, all of the significant duties and responsibilities of a position different from the employee's regular position, and which is in a classification higher than the classification held by such employee. The rate of pay for an approved out-of-class assign�ent shall be the same rate the employee would receive if such employee received a regular appointment to the higher classification. - 9 - � . �'��.�� 1978 - 1979 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE INDEPENDENT SCHOOL DISTRICT N0. 625 AND THE CITY OF SAINT PAUL PROFESSIONAL �LOYEES ASSOCIATION UNIT N0. 1 . • INDEX ARTICLE TITLE PAGE Preamble iii I Recognition 1 II Severance Pay 3 III Management Rights 4 IV Maintenance of Standards 5 V Check Off and Service Fee 6 VI Hours of Work, and Overtime 7 VII Seniority $ VIII Working Out of Classification 9 . IX Discipline 10 X Legal Services 11 XI Grievance Procedures 12 XII Wages 16 XIII Mileage-Independent School District No. 625 17 XIV Saving Clause 1$ XV Insurance 19 XVI Vacation 21 XVII Holidays 22 XVIII Duration and Effective Date 23 Appendix A A1 - ii - . ' PREAMBLE This AGREEMENT entered into on 21 day of bt�rch , 197a , between the Independent School District No. 625, hereinafter referred to as the "EMPLOYER", and the City of Saint Paul Professional Employees Associatian, Unit No. I, hereinafter referred to as the "ASSOCIATION", for the purpose of fostering and promoting harmonious relations between the F,MPLOYER and the ASSOCIATION in order that a high level of public service can be provided to the citizens of the City of Saint Paul. This AGREEMENT attempts to accomplish this purpose by providing a fuller and more complete understanding on the part of both the EMPLOYER and the ASSOCIATION of their respective rights and responsibilities. The provisions of this AGREEMENT shall not aborgate the rights and/or duties of the EMPLOYER, the ASSOCIATION, or the employees as established under the provisions of the Public Employee Labor Relations Act of 1971, as amended. - iii - ARTICLE I - RECOGNITION 1.� The CITY reco�nizes the ASSOCIATION as the exclusive representative for the Classified Professional Employees Grbup, as certified by the State of Minnesata Bureau of Mediation Services, dated December 11, 1973, Case No. 74-PR-209-A. This unit above consists of the following: Accountant I Community Dev. Grant Assistant III Accountant II Community Dev. Grant Assistant IV Accountant III Community Relations Specialist-- Admin. Asst.--City Planning Human Rights Department Admin. Asst.--Public Glorks Conservatory Education Officer Admin. Asst.--Community Services Conservatory Supervisor Arbarist I Criminal Justice Planner I Arborist II Criminal 3ustice Planner II Arborist IIZ Criminalist I Arborist TV Criminalist II Architect I Data Base Goordinator Architect II Dietician Architect III Electrical Engineer I Architectural Designer Electrical Engineer II Assistant Chief Surveyor Electrical Engineer III Asst. Grants-In-Aid Coordinator Graphic Artict I Bacteriologist-Chemist I Graphic Artist II BacterioZogist-Chemist II Health Educator I Chemist I Health Educator II Chemist II - Health Educator III Chief Public Bldgs. Technician Sealth Statistician I Citizea Participation Coordinator Health Statistician II City Planner I Health Statistician III City Planner II Human Resources Develop. Specialist City Planner III Human Resources Planner II City Planner IV Human Rights Analyst--Researcher City Planning Research Analyst II Industricl Hygienist I Civil Engineer I IndustricZ Hygienist II Civil Engineer I-Water Dept. Information Specialist Civil Engineer II Landscape Architect I CiviZ Engineer II--Water Dept. Landscape Architect II Civil Engineer III Landscape Architect III Civil Engineer III--Water Dept. Legislative and Research Assistant Conmunity Dev. Grant Asst. I to the Council Community Dev. Grant Asst. II Librarian I - 1 - ARTICLE I - RECOGNITION (continued) Librarian II Pro3ect Director--Recreation Librarian III Project Social Worker I Librarian IV (Children and Youth) Pro3ect Social Worker II Librarian IV (Circulation Publie Health Nurse I Librarian IV (Extension) Public Health Nurse II Librarian IV (Fine Arts & Audio Visual) Public Health Nutritionist Librarian IV (Reference) Recreation Director I Librarian IV (Science and Industry) Recreation Direetor II � Librarian IV (Technical Services) Research Analyst I Library Technician I (Display) Research Analyst II Library Technician I (Fine Arts) Research Analyst III • Library Technician I (General) Research Analyst IV Library Technician II (Display) Research Coordinator Library Technician II (Fine Arts) Sanitarian I Library Technician II (G�neral) Sanitarian II Manpower Planner I Sanitarian III Manpower Planner II Structural Engineer I Manpower Planner III Structural Engineer II Mechauical Engineer I Structural Engineer III Mechanical Engineer II Systems Analyst I Mechanical Engineer IYI Systems Analyst II Medical Examiner (Aurist) Systems Analyst III Medical Examiner (General) Traffic Engineer I Medical Examiner (Oculist) Traffic Engineer II Medical Examiner (Orthopedist) Traffic Engineer III Medical Examiner (Pediatrist) Water Chemist I Medical Exa�iner (Psqchiatrist) Water Chemist II Medical Examiner (Roentgenologist) Substitute Library Technician Multi-Service Center Coordinator Pharmacist Planning Supervisor ' Procurement Coordinator Pro�ect Assistant I Pro3ect Assistant II Pro�eet Assistant III - 2 - ARTICLE II - SEV�RANCE PAY Employees sha11 be eligible for severance pay in accordance with the Severance Pay Ordinance No. 16303. The amount of Severance Pay allowed shall be that amount permitted by State Statutes subject to the provision that the maximum amount allowed shall be $4,000. � - 3 - ARTICLE III - MANAGEMENT RIGHTS 3.1 The ASSOCIATION recognizes the right of the EMPLOYER to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the EMPLOYER has not officially abridged, delegated, or modified by this AGREEMF.NT are retained by the EMPLOYER. 3.2 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 or 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. - 4 - ARTICLE IV - MAINTENANCE OF STANDARDS 4.1 The parties agree that all condit�.ons of employment relating to wages, hours or work, vacations, and all other general ororking conditions except as modified by this agree�ent shall be main- ' tained at not less than the highest minimum standard as set forth in the Personnel Rules of the City of Saint Paul, (Ordinance No. 3250) and Ordinance No. 6446 at the time of the signing of this AGREEMENT, and the conditions of employment shall be improved wherever sgecific provisions for improvement are made elsewhere in this AGREEMENT. - 5 - ARTICLE V - CHECK OFF AND SERVICE FEE 5.1 The EMPLOYER agrees to deduct the ASSOCIATION membership initiation fee assessments and once each month dues from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the EMPLOYER by a represent- ative of the ASSOCIATION and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is passible. 5.2 Any present or future employee who is not an ASSOCIATION member shall be required to contribute a fair share fee for services rendered by the ASSOCIATION. Upon notification by the ASSOCIATION, the EMPLOYER shall check off said fee from the earnings of the employee and transmit the same to the ASSOCIATION. In no instance shall the reqnired 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. It is also understood that in the event the CITY shall make an improper fair share deduction from the earnings of an employee, the ASSOCIATION shall be obligated to make the CITY whole to the extent that the CITY shall be required to reinburse such employee for any amount improperly withheld. This provision shall remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. 5.3 The ASSOCIATION agrees to idemnify and hold the II�'LOYER harmless against any and all claims, suits, order or judgments brought or issued against the CITY as a result of any action taken or not taken by the CITY under the provisions of this Article. 5.4 The ASSOCIATION agrees that a service fee of twenty-five cents (25p) per member, per month shall be deducted by the City of St. Paul from the amount withheld for dues or fairshare.prior to remittance of dues or fairshare to the ASSOCIATION. - 6 - ARTICLE VI - HOURS OF WORK AND OVERTIME 6.1 The normal hours of work for the employees shall be a minimum of seven and thzee-fourths (7 3/4) hours in any twenty-four (24) hour period and thirty-eight and three-fourths (38 3/4) hours in a seven (7) day period. For employees on a shift basis this shall be con- strued to mean a minimum average of thirty-eight and three-fourths (38 3/4) hours a week. 6.2 Employees who work more than seven and three-fourths (7 3/4) hours in any 24 hour period or more than thirty-eight and three-fourths . (38 3/4) hours in any 7 day period shall not receive pay for such additional work except as in 6.4 below. 6.3 It is understood by the parties that Section 9B - OVERTIME of Ordinance No. 3250 shall not apply to this unit. 6.4 In unusual circumstances a department head may grant employees who work more than seven and three-fourths (7 3/4) hours in any twenty- four (24) hour period or more than thirty-eight and three-fourths (38 3/4) hours in any particular 7 day period compensatory time or pay on a straight time basis for the extra hours worked. - 7 - ARTICLE VII - SENIORITY � 7.1 Seniority, for the purpose of this AGREEMENT, shall be defined as follows: The length of cantinuous, regular and probationary service with the EMPLOYER from the date an employee was first certified and appointed to a class title covered by this AGREEMENT, it being further understood that seniority is confined to the current class assignment held by an employee. In cases where two or more employees are appointed to the same class title on the same date, the seniority shall be deter- mined by the employee's rank on the eligible list from which certification was made. 7.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 7.3 In the event it is determined by the EMPLOYER that it is necessary to reduce the work force, employees will be laid off by class title within each Department based on inverse length of seniority as defined above. 7.4 In cases where there are promotional series, such as Engineer I, II, III, etc., when the number of employees in the higher titles is to be reduced, employees who have held lower titles will be offered reductions to the highest title to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. 7.5 Recall from layoff sha11 be in inverse order of layoff, except that recall rights shall expire after one year of layoff. It is uaderstood that such employees will pick up their farmer seniority date in any cZass of positions that they previously held. 7.6 To the extent possible, vacation geriod shall be assigned on the basis of seniority. It is however, understood that vacation assignment shall be subject to the ability of the employer to maintain operations. - 8 - ARTICLE VIII - WQRKING OUT OF CLASSIFICATION 8.1 EM�LOYER shall avoid, whenever possible, working an employee on an out-of-class assignment for a grolonged period of ti�e. Any employee working an out-of-class assignment for a period in excess of fifteen (15) eonsecutive_warking days shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16) day of such assignment. For purposes of this article, an out-of-class assignment is defined as an assignment of an employee to perform, on a full time basis, all of the significant duties and responsibilities of a position different from the employee's regular position, and which is in a classification higher than the classification held by such employee. The rate of pay for an approved out-of-class assignment shall be the same rate the employee would receive if such employee received a regular appointment to the higher classification. - 9 - ARTICLE IX - DISCIPLINE 9.1 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period the employee and/or �SSOCIATION may request, and shall be entitled to a meeting with the EMPLOYER representative who initiated the suspension with intent to discharge. During the five (5) day period, the EMPLOYER ma.y affirm the suspension and discharge in accordance with Fersonnel Rules or may modify, or withdraw same. - 10 - ARTICLE X - LEGAL SERVICES 10.1 Except in cases of malfeasance in office or wi11fu1 or wanton neglect of duty, EMPLOYER shall defend, save harmless and indemnify employee against any tort claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance and scope of employee's duties. - 11 - ARTICLE XI - GRIEVANCE PRQCEDURE 11.1 A grievance is de€ined as a dispute or disagreement as to the interpret- ation or application of the specific terms and conditions of this AGREEMENT. 1T.2 The EMPLOYER will recognize representatives designated by the ASSOCIATION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The ASSOCIATION shall notify the EMPLOYER in writing of the names of such Association Regresenta- tives and of their successors when designated. The EI�LOYER shall notify the ASSOCIATION in writing as to its designated representatives. 11.3 It is recognized and accepted by the ASSOCIATION and the EI�LOYER that the processing of grievances as hereinafter provided is limited bp the job duties and responsibilities of the emgloyees and shall therefore be accomplished during normal working hours when consistent with such employee duties and responsibilities. The aggrieved employee and as Association Representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the employee and Association Representative have notified and received the approval of designated supervisor and provided thae such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. It is understood that the EMPLOYER shall not use the above limitation to hamper the processing of grievances. 11.4 Grievances, as defined by Section 11.1, shall be resolved in conformance with the following procedure: - 12 - ARTICLE XI - GRIEVAIvCE PROCEDURE (continued) , Step 1. An employee clairaing a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the �LOYER. The Employer- designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 by the ASSOCIATIQN within fifteen (15) calendar days after the Bmployer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the ASSOCIATIOI3 within fifteen (15) calendar days shall be considered waived. Step 2. Tf appealed, the written grievance shall be presented by the ASSOCIATION and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Association Employer's Step 2 answer in writing within ten (10) calendar days following the Employer- designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the ASSOCIATION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Association and di5cussed with the Emgloyer-designated Step 3 representative. The Emploger-designated represen.tative shall give the ASSOCIATIdN Employer�s answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative's - 13 - ARTICLE XI - GRIEVANCE PROCEDURE (continued) final answer in Step 3. Any grievance not appealed in writing to Step 4 by the ASSOCIATION within ten (14) calendax days sha1l be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the ASSOCIATION shall be submitted to arbitration sub3ect to the provisions of the Public Employment Labor Relations Act of 1971, as amended. If a mutually acceptable arbitrator cannot be agreed upon, the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. Step 5. The arbitrator shall have ao right to amend, modify, nullify, ignore the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the �LOYER and the ASSOCIATION, 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 inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing, copies to both parties and the Bureau of Mediation Service within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the �LOYER and the ASSOCIATION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the f.acts of the grievance presented. - 14 - ARTICL� XI - GRIEVANCE PROCEDURE (continued) 11.5 The fees and expenses for the arbitrator's serviees and proceedings sha11 be borne equally by the EMPLOYER and the ASSaCIATION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the praceedings the cost shall be shared equally. 11.6 If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the ASSOCIATION may elect to treat the grievance to the next step. The time limit in each step may be extended bg mutual written agreement of the EMPLOYER and the ASSOCIATION in each step. 11.7 It is understood by the ASSOCIATION and the EMPLOYER that a grievance ma.y 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 the Personnel Rules. � If an issue is detexmined by the provision of the Personnel Rules it shall not again be submitted for arbitration under this grievance procedure. - 15 - �TICLE XII - WAGES 12.1 Effective January 1, 1978, all salary rates applieable to titles in this bargaining unit sha11 be increased five and one-half percent (5.5%) . 12.2 Effective January 1, i979, all salary rates applicable to titles in this bargaining unit shall be increased five and one-half percent (5.5%) . 12.3 The wage schedule is attached for purposes of reference only and is not a part of this contract. - 16 - ARTICLE XIII - MILEAGE-INDEPENDENT SCHOOL DISTRICT N0. 625 1.1 Employees of the School District under policy adopted by the Board of Education may be reimbursed €or the use of their automobiles for school business. To be eligible for such • reimbursement, employees must receive authorizatian from the District Mileage Committee utilizing one of the following plans: PLAN "A" is reimbursed at the rate of 15� per mile. In addition, a maximum amount which ca� be paid per month is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another employee working in the same or similar position. Under this plan, it is necessary for the employee to ' keep a record of each trip made. PLAN "C" provides for reimbursement based on a per monr the �lump sum" amount. This amount is determined by the employee�s driving experience under Plan "A" for a period of 3 to 6 months. Those emplayees receiving an auto allowance under this plan must report monthly the number of days the car was available during the month. A deduction must be made from the lump sum amount for each day the employee is on vacation. A deduction need not be made for an occasional day of illness or for holidays. - 17 - ARTICLE XIV - SAVING CLAUSE 14.1 This AGREEMENT is sub�ect to the laws of the United States, the State of Minnesota. In the event any provisions af this AGREEMENT shall be held to be contrary to law by a court of competent 3urisdiction from whose final 3udgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. All other provisions of this AGREEMENT shall continue in full force and effect. - 18 - ARTICLE XV - INSURANCE 15.1 The EMPLOYER will continue for the period of this AGREEMENT to provide for employees such health and life insurance benefits as are provided by II�'ff'LOYER at the time of execution of this AGREEMENT. 15.2 The EMPLOYER wi11 for the period of this AGREEMENT provide for employees who retire after the time of execution of this AGREEMENT and until such employees reach sixty-five (65) years of age such health insurance benefits and life insurance benefits as are provided by the EMPLOYER for such employees. 15.3 In order to be eligible for the benefits under the early retiree provision, the employee must: 15.31 Be receiving benefits from a public employee retiree act at the time of retirement. 15.32 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 15.4 The CITY agrees to contribute the cost of Hospitalization and Medical Coverage or $36.85 per month, whichever amount is less, for each employee who is eligible for such cover.ag�. In addition, for each eligible employee who selects Dependent�s Coverage, the CITY will contribute one-half (�) of the cost of such Dependent�s Coverage or $42.43 per month, whichever amount is less. These contributions shall be paid to the City's Group Health and Welfare Plan. Any increases in these costs shall be paid by the employee. 15.5 The CITY agrees to contribute the cost for $5,000 of Life Insurance Caverage 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 employee. 15.6 At the option of the Union and Effective January 1, 1979, the $36.85 figure reflected in paragraph 15.4 above may be change� to the cost of 1979 premium rate required by the insuranee carrier covering most employees in the bargaining unit. Further, the $42�43 figure above shall be changed, if the - 19 - ARTICLE XV - INSURANCE (Continuedj Union exercises such option, to reflect S0� of said 1979 premium rate for dependenC coverage. If such option i� exercised, the increased cost to employer of the above shall be converted to a percentage and notwithstanding any provision of this contract to the contrary, shall be deducted from the wage increase applicable to each and every employee in the ASSOCIATION for 1979. The option herein must be exercised in writing by the ASSOCIATION before January 1, 1979, or shall be deemed to have been waived by the ASSOCIATION. 15.7 In addition to the $5,000 Life Insurance Coverage in 15.5, the CITY agrees to contribute the cost of additional Life Insurance Coverage or $.51 per thousand dollars of coverage per month, whichever amount is less. The total amount of Life Insurance Coverage provided under this section and Section 15.5 for each employee shall be equal to the employee�s annual salary rounded down to the nearest full thousand dollars. For the purpose of this section, the employee's annual salary shall be based on the salary as of the beginning of a calendar year. • This contribution shall be paid to the City's Group Health and Welfare Plan. _ 20 _ ARTICLE XVI - VACATION 16.1 In each calendar year, each full-time employee sha11 be granted vacation according to the following schedule: Years of Service Vacation Granted Less than 8 years 15 days After 8 years thru 15 years 20 days After 15 years and thereafter 25 days Employees who work less than full-time shall be granted vacation on a pro rata basis. 16.2 The head of the department �ay permit sn employee to carry over into the following year up to ten days' vacation. 16.3 The above provisions of vacation shall be subject to Ordinance No. 6446, Section I, Subdivision H. 16.4 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 to vacation at the rate of one-half day's vacation for each day of sick leave credit. - 21 - ARTICLE XVII - HOLIDAYS 17.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Years Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day Labor Day Z�ro floating holiday Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 17.2 The floating holidays set forth in Section 17.1 above may be taken at any time during the contract year, sub�ect to the approval of the Department Head of any employee. I7.3 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. 17.4 In the case of Board of Education employeas, of President's Day, Columbus Day, or Veterans' Day fall on a day when school is in session, the employees shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be a day on which school is not in session and shall be determined by apprement between the EMPLOYEE and the supervisor. _ �� ARTICLE XVIXI - DURATION AND EFFECTIVE DATE 18.1 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 December 31, 1979, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify this AGR�EMENT shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. 18.2 This constitutes a tentative agreement between the parties which will � be recommended by the City Negotiator, but is subject to the approval of the Administration of the Gity and Independent School District No. 625 and is also sub�ect to the ratificatian by the ASSOCIATION. WITNESSES: INDEPENDENT SCHOOL DISTRICT N0. 625 CITY OF SAINT PAUL PRO E �SIONAL EMPLOYEES A OCIATION ' IT N0. 1 � ' �� BY: � C-� BY: ;Q Sc ool Board Negotia r Bus ness Represe.rifia ive BY: " BY: Superintendent BY: BY: APPENDIX "A" - TITLES AND SAi.ARIES Library Technician I (DispZay} Library Technician I (Fine Arts) Library Technician I (General) A B C D E F G 10-yr. 15-yr. 475.50 494.50 514.00 540.00 566.50 595.50 625.00 644.00 662.00 Arborist I City Pl.anner I Community Develop�!ent Grant Assistant I Conservatory Education Officer Dietician Information Specialist Manpower Planner I Project Social Worker I RecreaCion Director I Sanitarian I (Appointed after January 1, 1976) A B C D E F G 10-yr. 15-yr. 505.00 525.00 545.00 573.50 601.50 631.50 662.50 682.50 702.00 Accountant I Criminal Justice Planner I Graphic Artist I Health Educator I Health Statistician I Industrial Hygienist I Librarian I Library Technician II (Display) Library Technician II (Fine Arts) Library Technician II (General) Project Assistant I Public Health Nurse I Research Analyst I Research Goordinator Systems Analyst I A B C D E F G 10-yr. 15-yr. 534.50 556.00 579.00 607.50 638.50 670.50 703.50 724.50 745.50 Arborist II Bacteriologist-Chemist I Chemist I City Planner ZI Co�cmunity Development Grant Assistant II Criminalist I Manpower Planner II Pro3ect Social Worker II Public Health Nurse II Public Health Nutritionist Sanitarian II (Appointed after January 1, 1976) Water Chemist I A B C D E F G 10-yr. 15-yr. 567.00 590.50 614.00 644.50 677.00 71I.00 746.50 768.00 790.50 � APPENDIX "A" - TITLES AND SALARIES (con't.) **City Planning Research Analyst II Criminal Justice Planner II Graphic Artist II Health Educator ZI Health Statistician II **Human Resources Planner II Industrial Hygienist II Librarian II Program Caordinatar--Police Project Assistant II Research Analyst IT A B C D E F G 10-yr. 15-yr. 585.00 607.50 631.50 663.50 697.00 732.00 768.00 791.50 825.00 Accountant II Architect I Civil Engineer I Civil Engineer I--Water Department Electrical Engineer I Landscape Architect I Mechani.cal Engineer I Froject Director--Recreation Recreation Director II Structural Engineer I Systems Ana.lyst II Traffic Engineer I A B c D E F G 10-yr. 15-yr. 602.00 626.50 651.50 684.00 718.00 754.50 191.50 813.50 839.50 Arborist III Bacteriologist-Chemist II Chemist II City FTanner IZI Community Development Grant Assistant III Manpower Planner III Project Assistant III Sanitarian III Watez Chemist II A B C D E F G 10-yr. 15-yr. 639.00 664.00 691.00 726.00 761.00 799.50 840.50 865.00 889.50 Administrative Assistant--City Planning Administrative Assistant--Public Works Department Citizen Participation Coordinator Commnnity Relations Specialist--Human Rights Department Health Educator III Health Statistician III Human Resources Development Specialist Human Rights Analyst--Researcher L3.brarian III Multi-Service Center Coordinator Research Analyst III Systems Analyst III Pharmacist A B C D E F G 10-yr. 15-yr. 658.00 684.00 71Z.50 747.00 785.00 823.50 865.00 890.50 917.00 - A2 - . APPEIdDIX "A" - TITLES AND SALARIES (con�t.) . Accountant III Architect II Assistant Chief Surveyor Assistant Grants-in-Aid Coordinatar Civil Engineer II Civil Engineer II--Water Department Conservatory Supervisor Criminalist II Electrical Engineer II Landscape Architect II Mechanical Engineer II Procurement Coordinator Structural Engineer II Traffic Engineer II A B C D E F G 10-yr. 15-yr. 678.OQ 705.50 733.00 769.00 808.00 848.00 890.50 918.00 945.00 Administrative Assistant--Comm. Serv. Architectural Designer Maintenance Coordinator A B C D E F G 10-yr. 15-yr. 698.50 726.SQ 755.00 793.00 832.50 874.00 918.00 945.00 972.50 Librarian IV (Children and Youth) Librarian IV (Circulation) Librarian IV (Extension) Librarian IV (Fine Arts and Audio-Visual) L�.brarian IV (Science and Industry) Librarian IV (Technical Services) � Librarian IV (Reference) A B C D E F G 10-yr. 15-yr. ?41.00 770.00 8C10.50 841.50 883.00 928.00 974.00 1003.50 1031.50 Arborist IV Architect III Chief Public Buildings Technician City Planner IV Civil Engineer III Civil Engineer III--Water Department Community Development Grant Assistant IV Electrical Engineer III Landscape Architect III Mechanical Engineer III Medical Examiner (Aurist} � Medical Examiner {General) Medical Examiner (Oculist) Medical Examiner (Orthopedist) Medical Examiner (Pediatrist) riedical Examiner (Psychiatrist) Medical. Examiner (Roentgenologist) Research Analyst IV Structural Engineer III Systems Analyst IV Traffic Engineer III A B C D E F G 10-yr. 15-yr. 786.00 817.50 850.00 892.50 937.00 984.00 1033.00 1063.50 1095.00 - A3 - � .�, APPENDIX "A" - TITLES AND SALARIES (contt.) Planning Supervisor A B C D E F G 10-yr. 15-yr. 809.00 842.00 875.00 919.00 965.00 1014.00 1063.50 1095.50 2128.00 Data Base Coordinator Legislative & Research Assistant to the Coundil A B C D E F G 10-yr. 15-yr. 833.50 866.50 901.50 946.50 994.00 1043.50 1Q95.50 1128.50 1161.50 Sanitarian I (Appointed prior to January 1, I976) A B C D E F 1Q-yr. 15-yr.. 538.00 563.50 590.50 618.00 647.00 678.50 697.00 736.00 Sanitarian II {Appointed prior to January 1, 1976) A B C D E F 10-yr. 15-yr. 602.50 629.50 660.50 690.50 724.50 757.50 780.00 802.00 Substitute Library Technician $5.22 per hour Effective January 1, 1979 all rates in this Appendix "A" shall. be increased five and one-half percent (5.5�) - A4 -