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270758 � ��WHI7E - CITV CLERK COUI1C11 ������� PINK - FINANCE GITY OF SAINT PALTL CANARV - DEPARTMENT � BLUE - MAVOR File NO. � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date An administrative Resolution approving the terms and conditions of a 1978-1979 Agreement between the City of St. Paul, Independent School District No. 625, and the International Union of Operating Engineers, Locals 36 and 967. WHEREAS, the Council, pursuant to the provisions of Section 12. 09 of tlie 5t. Paul City Charter and the Public Employees Labor Relations Act of 1971, as amended, recognizes the International Union of Operating Engineers, Locals 36 and 967, as exclusive representative for the classes of positions within the City of St. Paul eertified by the Bureau of Mediation Services under Case No. 73-PR-44g-A, for the purpose of ineeting and negotiating the terms and conditions of employment for all full-time personnel in the class of positions as set forth in tlze Agreement between the City of St. Pau1, Independent School District No. 625, and the exclusive representatives hereinabove referenced; and WHEREAS, the City and Independent School District No. 625, through designated representatives, and th.e exclusive representatives have met in good faith and have negotiated the terms and conditions of employment for t�.e period Jan. 1, 1978, tlirough Dec. 31, 1979, for such personnel as are set forth in the Agreement between the City of St. Paul, Independent 5chool District No. 625, and the exclusive representatives; now, therefore, be it R�SOLVED, that the Agreement cited above, dated as of the effective date of this Resolution, between tlie City of St. Paul, Independent School District No. 625, and the International Union of Operating Engineers, Locals 36 and 967, on fi.le in the office of the City Clerk, is hereby approved, and the authorized administrative officials of the City are hereby authorized and directed to execute said Agreement on behalf of the City. Approved: � Chai rman Civil Service Commission COUNCILMEN Requested by Department of: Yeas Nays Butler P E ,S N N L O F I G E Hozza In Favor Hunt �-- � __ Against BY ���� Roedler Sylvester Tedesco Adopted b� ouncil• T�ate MAR 2'3 19T8 For Approved y C� Crn Cer ied Pas�� y Council Secr�,tary BY By �� 8 � Approved by Mavoc Date � �� 2`4 App o ed by Mayor for ub s on to Council gy �!',�„�,�L"�� gy pt18LISHED APR 1 1978 ,���� ` , � Dti no# d�tach this mernorand�m from the . rB�Qlutic�n so that this information will be � ��: ��f�975 awallab3e to the`City Councii. : Rev. s 9%8�76 ,: : . � �'LANTI�t. 13�' �T�s �S �t�RS ; �� Q►� Q ����� ` , . :� : �t E ���' ': � '� � p � , Da�az February 15, lg?$ . ��e "� � i9� _ 1NAYQR'� � �� -r��o� ��� ��� ._ � ' FR: FerAOt#�sl �ffiae - . REa Rsaelt�t�.oa fax �ub�ias�ioa t+� Ci�p Gc�u�cf� . - � i _ : __� AG�I �t �:. � . � . Ws r�r�om�ue� goui� appxaval 'and �ubm��:��ia�� Qf �h�,o Rs�a].ut� �a `eha Ci�y Coun�c3.�,. �' P 4� , �I � A� If3N t < T'hi� Resolution approves a'1g78-1979 Labar Agre�ment betweea-the City, the School District, a.nd the In.ternational Uaion of Operating Engineers, Locals 36 an.d 967. This Agreement ca11s for a.n. avera�e hourly vv°age increase of 40�. This i.n.creaae amowa.ts to azs a:verage. af appraximately 6%. � In addition to the wages change, �he'new Agreeme�:t i.nc3,udES a prov3.sion allowing overtime to be paid in compensatory time and a prc�vieion ca�€ering warking out of classi.fication. It a1sc�.inclw.des a residency prov�,sion requiring presen'� emglo�^ee� li�a;ag i� the City to remain.in the City a.nd limiting gre sent employee s liviag c�utside of the City from movi.�u.g anywhere except into the City. � A�...���...N.�.�;. Resolution and copy for the City Clerk. Also cc�y of Labor Agreement, r � '1 �.,` . •, `�.. �� a•�'� i �� ` t 1978 - 1979 LABOR AGREEMENT - between - INDEPENDENT SCHOOL DISTRICT 625 - and - INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 36 AND 967 � •. ,� INDEX ARTICLE TITLE PAGE . Preamble iii __ _ _ _ _ _ __ _ I Recognition 1 II Def initions � III Dues-Fairshare 3 IV Union Rights 4 p Seniority 6 VI Management Rights � VII Hours, Premium Pay 8 �'III Leaves of Absence 10 IX Military Leave of Absence 11 X Jury Duty 13 XI Severance Pay 14 XII Mileage 15 XIII Working Out of Classification 16 XIV Discipline 17 X�1 Insurance 18 XVI Holidays 19 XVII Vacation 21 XVIII Grievance Procedure ' 22 XIX Residency 26 � Wage Schedule 27 XXI Terms of Agreement 2g Appendix A - Wages • _ A1 - ii - ,�✓ P R E A M B L E THIS AGREEMEENT BY AND BETWEEN THE INDEPENDENT SCHOOL DISTRICT N0. 625 AND LOCAL UNION N0. 36 AND N0. 967, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO. This AGREEMENT has been entered into between the Independent School District N0. 625, hereafter referred to as the EMPLOYER, and Local Unions No. 36 and 967, International Union of Operating Engineers, AFL-CIO, hereafter referred to as the UNION. This AGREEMENT has as its purpose, the promotion of harmonious relations between the EMPLOYER and the UNION, the establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in full compliance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1971, as amended. - iii - , � ..� ARTICLE I - RECOGNITION 1.1 The EMPLOYER recognizes the UNION as the sole and exclusive bargaining agent for the purpose of establishing wages, benefits, hours and other conditions of employment for all of its employees as outlined in the certification by the Sta�e of Minnesota, Bureau of Mediation Services, under Case No. 73-PR-449-A, as amended, to read as follows: All regular, probationary, and provisional engineering and building maintenance personnel who are employed by the City of St. Paul or who have their "terms and conditions of employment" established by the governing body of the City of St. Paul, and whose employment service exceeds the lesser of 14 hours per week or 35 percent of the normal work week and more than 100 work days per year in the following classif ications: Assistant Superintendent of Stadium, Chief Operating Engineer-- Civic Center, Civic Center Plant Helper, Custodian-Engineer I, Custodian-Engineer II, Custodian-Engineer III, Custodian-Engineer IV, Custodian-Engineer V, Filter Plant Operator I, Filter Plant Operator II, Custodian (Light Duty) , General Matron, Lime Recovery Operator, Maintenance Man, Operating Engineer I, Operating Engineer II, Pumping Engineer I, Pumping Engineer II, Pumping Engineer III, Sewer Pumping Station Operator, Stationary Engineer, Stationary Fireman, Supervising Stationary Engineer, Watchman I, Watchman II, Watchman, Water Plant Aide, Custodian, House Custodian II, Stadium Supervisor, Instrument Repairman (Filter Plant) ; excluding supervisory, managerial, clerical, confidential, temporary and emergency employees, those exclusively represented by other labor or employee organizations, and all other employees. 1.2 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 - pRTICi,� II - DEFIPiITIO�+S 2.1 Co17 ective Bargainin�. '�''�° �i'�A�rR vi�.l bargain ce?lectively t4ith the ur,zorr with respect tc r�:tes ni r��;, heurs ancz otY:er r_onditiQZ�s - - pertai.nin� to eriPloym°-rt ror ail of tt�e e.r�r,loyees in the unit herein- before set iorth. 2.2 r'.�inten�nce of StQnda:d�. ihe ��ii,��iZ a�ree: th2� aZl con�itior,s cf employ�sent relating to ka�es, h�urs of kork, evertime differentials, vacations, and generel workir,; cor3itions shall be mair,tained at not less than the highest minimu.� standard as set forth in the Personnel Rules of the City of Saint F�ul, (Ordin ar:ce No. �250 and Ordinar,ce No. 6�+�+6) at the time of the si�ning of this AGREE2��TZT, and the con- ditions of employment shali be improved kherever specific provisior.s for i�provement are made else�:here in this AGFtEE.ME2v'T. �,� Discrimination. The ��uLvir,� Y:�'1'1 ilO�i, l:",tE::�2:'@ �:lt�'1� restrain OI' coerce the employees covered by this E�G_�MEBT'i' hecause of ine�bership in or actirity on behalf e`' t::e UP,iO.:. The E2:nL0Y�t will not discrininate in respect to hire, tenure of empioy�ent or any tern or condition of e�ployment 2gainst any erployee covered by th�s A�P.EEMENT because of menbership in or activity on behalf oF the UIiIO*I, nor will it discourage or attenpt to discourage IIi�'T:}'G'='sk:ir ir. tc,e UI�;IO2?, or atte��pt to encot:rage membership in another U�ZQ:�T. � /�RTICL�: ZII - nv�s - FAIP,iN:AR� 3.1 J�ues. T'ne Et•S�LOYER a�rees to dedu:t the UNZOi�I �embershin initaation �'ee assessments end once each m.onth dues from the pay to those e�:ployees who ir.dividual�ltir requesu in writing th.at su.ch deductions be made. The 4rr.oun�s to be deducted shall be certified to Lhe E��LpYER by � represent- a;,ive of the UNION and thp a�gregate deductions af all employees shal3 be rer.!itted together with an itemized statement to the repre�entative by the first of the succeedin� month after such deductions are made or as soon thereafter as is possible. 3•2 Fairshare. Any present or ftiture employee who is not a UIVION member sh�ll be required to contribute a fair share fee for services rendered by the UPJIOId. Upon notification by the UNION, the EA'�LOYER shall check off said fee fron the earnings of the employee and trans�it the same to the UItiZ02t. In no inst8ace shall the required contribution exceed a pro rata share of the specific expenses incurred for se:vices rer.dered by the re�res.entative in rela�icnship to negotiations and ad�inistration of grievar.ce procec3ures. This provision shall re�ain oper�tive only so lor.g as specifically provided by Minnesota law, and as otherwise legel. 3•3 The UrdION will indemnify, defend and hold the E2+1PL4��R h?r�less egzirst ar.y clsims �ade znd a�ainst any suits instituted against the City, its officers or er�.ployees, by reason of negligence of the UrZQti in requesting or receiving deductions under this Article. The City k•ill ind�nify, d�fend und hold the UISIO?�' har�less against any claims r�ade ar.d a�ainst any suits institu�ed against tlie UPdI0i3, its officers cr e�:ployees by reaso: of ne�lig�:�ce on the part af the E2�IAY�R in �al:ing ar for�,;Urciing dedu.ctior.s ur.YC3er th's xrticle. _ � _ J I�.�iZCIw I�J - UI;IOi�� P,IG:i7'S 4.1 Tre UiiIOJ�T m3y desi�nate er��i_,��-ee� r:it.'�ir, tlin h� .r�<,inin� unit to serve as Union Ste�•rards an3 �r.�,�.1 re requ�.red to adrinister this AGF.EEN�2i. 4.2 The UN'IOTvT shall furnisr ;,r� �'-:Pi�'J<u? ar_d �:r�r ro�ria�e Department Heads and Lab�r Relations Director �9_�:� u list e�f S�en�;.ds and alternates, and, shall, as seon as �ossir].e, ,etir� s�id a.��ropria te City officials in writing of any ch�n�es thereto. Or.l.y those ��ho ar� Officers ar_d Stek�ards shall be recoGnize� b;� the EI•`rI�YER fc�r the purpose of ineetings. �+.3 There shall be no dec3uctie:� from the ���� of 3. StPFrard when directly involved in meetin�s with manage�nent relating to the adrainistration of this AGREF�i'T during wcrking hcurs. 4.4 Designated Union Representatives shall be perr.�itted to visit employees on jab sites and at c�erart�;;er:t buildings di.�rin� �rcr�:ir.� hours for the purpose of the administration of this co^trac�. �+.5 Shop Steward. One shep stei,2rd frc�� each depa.rt�ent will be allowed to accompany an employee's autncrized re�reser.ta�ive during re�ular workin� hours for the purpose af ka�;e, sUisr•,;, er frir<ge benefit discussions or c�her pr�blens cf their particul�r ^on�err. involvino e_TM:;gloyees of the City of St. Paul and Ir.:epe�derit Sen�ol L?;.�tract Ito. 625 un�er the following conditions: �.51 T�at anly on� e.:_xZc;•ec :ro� �r;- c,e degart�ent be allcwed to Ieuve his wor�. �.5?_ That the stetcs*d i;e e.:pe�ted to acier.L t'r:e�e wee�ii��s or_ his oK-n tir.:e k•hen ±hey are 'riP?u o;��.ri^e of ti;s re�-U1sr w02'1.1riE; YlOL'I'S. `:•53 Z't78t BuE�YUE.tG ^�"t]CF _.. - . ��. ... ?:'.�' C:":�c",.ri�_:± t'FE'�'.�L �O L::wt i 2T'LT'il��.OT; T:�3� Y!: G;. _ ___:c . . � ARTICi::. IV - iJI+IOI� RTGF�TS (C�J'��'I;.._;'.;� 4.5'� That t?-ie ste�;ard has ��:';� .:i��;_�.; .�eer: c?e� r�>tvd � s � � i�: ,� a.� u_h by- �he UIdIOtd �hat he reTre�en�.�. 4•55 ITn�.cn Conventi�ns. D�?7}, %�t^ct�d C�„'Q;�i r��i+�-r..�t:es shall be gran�ed time off �.ithou,: _r.a� .�or o�e t•;eA'r. t.o atter.d such convention. Vac�:tion ar �o^,^ens�,.or�� time ��y be us�d for this purpose. T�e LT.:70"< �h�?? �i�re at leas� ten workin� da�Js advance no�ice of tl-:e e�r�llo�.-eas E•:t.� ti�ill be participating in such conventions. _ �, _ ART1CJk. `d - S�'YIO?3I1Y 5.1 Seniorit.y, for t.h� �.urpese o� this �`iGREEi����, shall be dexined a4 f�llows: T}�e ]ength oi cont:inuous, re�ular ar,� prob�tionary ser�ice crith :.he Eh�'�,pS�R - frcm t.he date �n e�:r..�oyee was first c�rtified and apocint.ed to a clas� title covered by� this kGP.EF:�I;Z, i� bein� 1'urther understood that seniorit4� is confir.ed to the curr�nt ^lass assi�n.�en� held by an e�:playee. Zn c4ses r:-here two or m^re emrlc3�ees are appointed to the same class title on t'r.e sa�e dnte, the seniority sh�ll be determined by the employee's rank on the eligible list frcm k•hich certification was made. 5.2 Seniority shall terrainate khen an employee retires, resi�ns, or is discharged. 5•3 In the event it is determine� by the EMPLOYER that it is necessary to reduce the work force, emploS-ees will be laid off by class title within each dep2rt�ent based on inverse len�rth of seniority as define3 above. 5.4 In cases where there are promotional series, such as Ci;.stodian Er:�ineer I, IT, III, etc., k:�en the n�ber of e�ployees in the higher �itles is to be reduced, .employees who have h�ld lower ti�les in the barg�i�i*:�, �r,i� �:i21 be offered redu^tions to the highest title to which class seniority w�ould � keep the:� fror� being laid off, befo:e layoffs are made by anti• cZass title in any department. 5.5 Rec�ll froy lay-off shall be in inverse order of layoff, except that recall right� shall ex_�ire after two years of layoff. 5.6 I� is understoo�' that such e,::ployees will pick up their fo�er ser,iority date in an,y class o: positions that they previously held. - 6 - � lLP.�'ICLF VI - 1f1:,i.4G���y� RIGHT:; 6.1 The Uri`IOI3 re�o�nizes the ri<�:}�t, ��1• ±,�� •.,T;��-_l��r;? ;.o o_r..erate and manage its affaixs in all respects :r_ ���c-.rr::r.,�� ;:i;,i, �ppla.cable laws 2nd re�ui ations of approgri�te suthoritie�. ^`l,e r�f-1,t;� �rd au�;:c.z•it,y which the �i�u�I,QYER has not officialZy ahrid�.ed, de�e�_eted, �r me�ified by this kGREE1�^I�'T are retained by the E?�I,O�c. 6.2 A public E��?'IAYER is not r?Q712I'E'� tC m�e� and ne�o�iate on matters o� inherent �ana�erial golicy, �.-hi.ct± i.nciu�e, but are not limited to, such areas of discretion cf polic;; as the flanetions an3 programs of the �D".�'IAYER, its overall budg�t, �a.tilizQticn �f technology, and organizational structure and selection erd dir�ction and run:ber of personnel. ARTICLE VII - HOL'RS, PREt�1IL1�i PAT 7.1 Hours of EmploS�nent. The normal work day and the normal work week shall _ _ be 8 hours in any 24-hour period and 40 hours_ in any_]-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 5 consecutive normal work days. 7.2 Call-in-Pay. When an e�ployee 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 pro- visions, however, shall not be effective when work is unable to proceed because of adverse weather conditions; nor shall these provisions apply to temporary or emergency employees, nor to employees employed under any of the titles listed in Section 7 of these Rules under the heading "Special Employments"; nor to any person whose regular scheduled workday is less than four hours. 7.3 Overtime. Time on-ti�e�ayroll in excess of the normal hours set forth above shall be "overtime work" and shall be done 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 deterrsined solely by the employee. 7.4 Premium Pay. To any employee who works on a regularly assigned shift, beginning earlier than 6 a.m. or ending later than 6 p.m. provided that at least five hours of the shift are worked between the hours of 6 p.m. and 6 a.�a. , there shall be paid a night differential for the entire shift. - 8 - . ���iZC�::� VII - HOLfF,S� t�:��:IUi: PAY (CC:i'TITIU�..D) To ^nti� emTlo�-e� y�ho �ror!;s en a re�u].arl,y assign�d shift, beginning ear7.ier thar. 6 a.m. er endin� l.ater t.han 6 �.m., t?ut less than five . . _ __ _ hovrs cf the shift are +torked between the hours of 6 p.m. and 6 a.m., there shall be paid a ni�ht differential for the houxs worked between the hours of 6 p.M. and 6 a.m. 7.5 The night differential shall be 5`� of the base rate, and sY:all be paid only for those night shifts actually worked; provided, however, that the provisions of this subsection shall not apply to emer�ency or temgorary employees in the Auditorium, or to employees holding titles listed in Section II or Ordinance Pdo. 6�+�+6 under the headin� "Special E�nployr�ents" in this bargaining unit. 7.6 A preati�:i;. pay of twenty-:°i"e cents (25�) per hoe�* shall Ue paid for all s�in� st�ge WOZ'�:� slzch as any �;ork performed frcm a beat�wain's chair cr a s.:ing scaffold, fif�y (;C) feet or more above the gr:.ur:d. All star.dard safety laws shall be cor�plied V:ith. - 9 - � !�??TICZ� VIII - 7�.�:��:5 OF AF3SEIdC£ B.1 Leave of �`it::e�ce. After thre:e z�onth`s e�nl.o;J�,en�, an �mplo;;��e may make applicaticn ��r �: l.e�ve of abser,ce r.ot to nyceed one ye�r. A _ leave of absence sha?1 be �ranted on the basis establisY:ed in the Personnel Rules (Ordin�nce T�o. 3250}. $.2 Sick i,eave. Sick leave shall accuzat�ate �t the rate of .0576 of a working hour for each fl:ll hour on the pa'rro?1, exclu3ing avertime. Sick leave accu*.:ulation is unlimited. To be eligible for sick leave the employee must report to his supervisor no later than one-h�lf Y<ou.r past his regular scheduled starting time. The granting of sick leave shall be subject to the terms and provisions of Ordinance No. 3250 of the City of Saint Paul. 8.3 AnY employee who has accurnulated sick leave credits as provided above shall be granted leave with pay, for such period of time ss the head o° the department deems necessary, on account of si::kness or injury of the e�p2oyee, quarantine established and declared by the Bureau of Health, death of the ettployee's mather, father, spouse, child, brother, sister, aother-in-law, father-in-law, or other person who is a member of the household; and may be granted lesve �:ith pay for such time as is actually necessary for office visits to a doctor, dentist, cpiometrist, etc., or in the csse Gi' suc3den sicr.ness or disability of a �,e�ber of k:�s household, maKing arrangements for the care of such sick or dis�bled persons up to a maxi�u.�: of four hours sick leave. - ip - AF.1ICi:E IX - MILITARY I,�A�'�: 0�' Nu 3�'PxC� 9.1 F'a,y Allotience. Ar.y erplo;,-ae �•-'t�o sh�ll be a mrmh�r of the l�ational Guard, the Ilaval tfilitia or �ny other compcnent ef the nilitia ef the state, now or hereafter or�anized or constituted under s�ate or fedcr�zl lew, or h�o shall be a member of the Oxficer's Reserve Cerps, the Enlisted Reserve Corps, the Nava1 Reserve, the hi3='ine C�rps Reserve or any other reserve comgonent of the •militar;r or naval force of the United States, now or hereafter organized or constituted Under Federal 1a4�, shall be er.titled to leave of absence from e�plo��►ent without loss of pay, seniority status, efficiency rating, vacating, sick leave or other ben- efits for all the ti�e when such e�ployee is engaged with such organization or component in trair.ing or active service ordered or authorized by proper suthority pursuant to lat�r, whether for state or federal purposes, provided �hat such leave shall not exceed a total of fifteen (15) days in any calendar year and, fur�:�er provided �hat such leave sh211 be allo«ed cnly in case the reouired nili�ar5� or naval service is satisiactorily perforcied, wnicYt shall be presumed unless the contrary is established. Such leave shall not be allowed unless the etrnloyee: (1) returns to his position i�ediately upon being relieved from such �ilitary or naval service and not later than the ex_piration of �irae herein li�►ited for such leave, or (2; is prevented fra� so returning b�� physical or mental disability or other cause not due to such employee's own fault, or (3) is required by proper authority to cer.tinue ir. such military or navaZ service beyond tne ti.s!:° Y:erein lir.:itec3 for sucn leave. _ ;�� - AP.TiC:1�, Zh - t�'ILITAP,Y i�'�V�; OF ?'iE��IrTC� (COh�'ZI'UED) �,2 Leave �•;itrout Fav. Any e:�,nloyee who enga�es in active :ervice in time of war or other etr,ergercy declared by proper authority of any oi the militar� or na�ral forces oi the state or of the United States for which lenve is not c�thez�rise allo��ed by law sh311 be entitled �o leave of absence from enpla;y�ient without nay during such service with right af reinstater!ent �nd subject to such conditions as �re imposed by law�. ' 9•3 Such leaves of absence as are granted under Article 9 shall conforei to A§innesot� Statutes, Section 102, as amended fram time to time and shall confer no additional benefits otY!er than those granted by said statute. _ 1? _ A:^'ICI� Y. - JURY DLiY �_0.1 Any emr]�a��e �-nc� i.s rec�iired to ar.pn�r in court �s a ,;v.ror or t•ritness sY;�ll be paid his regular �:ay while he is so en�a�;ed, provided harrever, that any fees that ths erplot-ee May receive fro:n the court for such service shall be ;�aid to the E?��'IAYE� ar.d be deposited with the Direc�or of Finance and ?,�n�gement Services. Any e�ployee who is scheduled to work r� shift, other than the normal daytime shift, sh�ll be rescheduled to w°ork the r.arrnal daytime shzft during sucYe ti.me as he is required to appear in ceurt as a juror or witness. _ �� _ � l�.RTICLr 'l.I - S�VE?�i?;� FAf 11.1 �ployees shall be eli�ible for severanc,e �a,y in Pccord�nce with the Severance Pa � ' _ ^ 1, Ordinance P.o. 11 ��0. Tr� 4J�O�lII oi Severance F�.y allo�ti•ed shnZ]_ b� tha.t �mount perr:�itted b,y State Statutes subject to tr�e provisions that the r�aximur.! ameunt allowed shalZ be �4,000. _ �4 _ ARTICLE XII - MILEAGE-I1�IDEPENDENT SCHOOL DISTRICT N0. 625 Z2.1 Employees of the School District under policy adopted by the Board of Education mr�y be reimbursed for the use of their automabiles for school business. To be eligible for such reimbursement, employees must receive suthorization from the District Mileage Co�unittee utilizing one of the following plans: pLAN "A" is reimbursed at the rate of 15¢ per mile. In addition, a maximum amount which can be paid per month is established by an estimated 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 r�cord of each trip made. PLAN "C"provides for reimbursement based on per month "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 employees 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 er_iployee is on vacation. A deduction need not be made for an occasional day of illness or for holidays. _ 15 _ ARTICLE XIII - WORKING OUT OF CLASSIFICATION 13.1 Ei�LOYER 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 assignraent 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 recieved a regular appointment to the higher classification. - 16 - �'►P,TICi�E yzv - DISCIPLIR� 1.4.1 The �:PIAi'EP. will discipline �mPlo,yees fer just cs�use only. Discipline �4i11 be in the fo:�ri of: _ 7_�.11 Cral repri�and; 1��.12 j7rittea re.grimand; ]_4.].� Ut�spension; i_4.].4 R�duction; ��.15 Discharge 14.2 Suspensions, reductions �rd dischar�es will be in written forxn. 1�.3 �nployees and the UTdIOPd k�ill receive copies of written rearimands and n�tices of suspension and discharge. 14.4 gnployees may examine all information in the E?•SPLOYER personnel files that cancerns work evaluations, ca�endations and�or disciplintzry actions. Files may be examined at reasonable times under the direct supervision of the EMPLYER. 14.5 Discharges �.�ill be preceded by a five (5) day preliminar;�• suspensian wit'�ou� pay. During said period, the e�loyee and/or UP�IOPd ma;r reeues�, and shall be entitled to a meeting kith the Eh�IA�'ER represe.^.ta�i:�e who ir.itiatec3 tr.e suspension rrith intent to discharge. During said five (5} �ay pericd, the �•�IAYER may a�firc� the susgension and c3ischarge in accord�nce with Civil Serv�.ce Rules or mzy r��3ify, or withdraw same. 1�i.6 lan employee to be c.uestioned cancerning en investigation of disciplin�r�r action shall have ihe righ� to request that a UP�IO:: representstive be preser.�. 14.7 Grievences relstin� to t�:is Article shall be processed in accordance kith existin� Civi1 Service prace�ures, ex.cept tha� eral and writter. rEpri�`nds sh�ll be ta�en up in tne �rievance procedi:re u.�der Ftrticle ?'VI�I. - �7 _ ARTICI,E xV - Zi��Ut�' ir':,E 15.� The Ei��'I,rJYER orill canti:�ue fcr the pnriod of this AGREE2�.P'T to provide fcr ei��.l�;;ces such l:ealt,h and li;e in.su.rurce �enefits ns are pro��ided ry t�;e Ef.�I,�y;;R at t��e time �f executicr. of t�;zs AGit����NT 15.2 The ��:PI�Y'ER will for tr.e peri�d of this AG�EI,�IdT provide for employees �vro rA��re after the +i.r�e of executior. of this AG�EII�TdT a�d un�il such employees reac!r sixty-f��re (65) yE2T'S of age such reealth insurar.ce benefits ard life insurance benefits as are provided by the ��'ilJYER for such employees. 15.; Iri order to be eligib].e for the benefits under this eurly retiree provision, the empleyee must: 15.31 Be receizring benefits from a public er,�ployee retirement act at the tine c� retirement. 15.32 Have severed his relatior.ship with the City of Saint PauZ under or,e ef the early retiree glans. iS•� ihe �ity a�rees to cor.trit�u�e �he cos� cf Hospitalization and A:edical Coverage or $36.85 per month, w::icaever a�ount i� less, for each eW�,loyeQ �!ho is eligible for such coverage. In ad3ition, for each eligib�e emplcvFe who ssZects Deper.der.�'s Coverage, the Ci�� will �cntribu�e cne-half (2) c` the cest of such Depe:�der.t's Coverage or $42.43 per month, whichever a�ount is less. These cor.tributior,s shall be paid to the C�ty's Group fieaZth a^d Welfare Pyan. Any ir.creases in these ccsts shall be paid by the employee. 15.5 The City agrees to .^.cntribute the �ost for �5,000 of Life Insurance Coverage for each er�plcyee �,-Y:o is eli�,ibl.e for sucr coverage or $2.9� per m^^th, �•�1:?chever a�r�oz:z:t is lnss, Th�s contribution shall be F.ai� to tne Ci�y's Grou: Healt,i a?:d Weifare Plan. Any increase ;n this ccst si:all be _r,aid by �t:e er.spl��yee. - n � 1 J � ARTZCLE XVI - HOLIDAYS 16.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Years Day Colu�bus Day Fresidents' Day Veterans' Day t�:�morial Day Thanksgivin� Day Independence Bay Christmas Day Labor Day Two floating Holidays E2igible emgloyees st�all receive pay for each of the holidays listed above, on which they perfor� 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 t+�nday shall be observed as the holiday. 16.2 The floating holidays set forth in Section 16.1 above may be taken at any ti.me during the contract year, subject to the appraval of the Department Head of any enployee. 16.3 Eligibility Requirements. In order to be eligible for a ho2iday with pay, an employee's n�ne must appeer cn the payroll on any six warking days of the nine working days preceding the holiday; or an emp?oyee's name must appear or. the payroll the last worki.ng day before the holiday and on tr:ee other worki.ng @ays of the nine �orking days preceding the holiday. In neither case shall the holiday be counted as a workin� day for the purgoses of this section. It is further understood that neither temporary, e�er�ea:y nor other emplayees n�t heretofere eligible shall receive holiday pay. _ 1g - !'u?TZCLt: XVI - �:c�I,IIaAY:i (CQI3TIF:'Jr�� 1.6.7 a� an e*�rlayee entitled to a holida.y is requ.ired t� work on V�ash�ngton's t.r,� I,incoln's Birthday, C::ristoghrr Colur.!bus Da,y, ar Veterans Day, h� :5h�11 be grar.ted another d�y off kith pay in lieu therecf as seon thPreafter as the convenience of the department permits, or he shall be p�id on a strai�ht tir�e ba.sis for such hours r-orked, in addition to his re�zl�r holiday pay. If an emnlo�ee entitled to a holid�y is recuired to work on h'e�* Year`s Day, I"�:�rial Day, Independence Dav, Lnbor B�y, Thanks�ivin� D�y or Christ.�as Day, he shaZl be recompensed for �:ork dene on this day by being granted compensatory time on a time and one- half basis or by being paid an a time and one-half basis for such hours worked, in addition to his regular holiday pay. - �c - � F.RTICI.w Y•VII - �'ACATIOTI 17.1 In each calendar 3•ear, e::ch fu1.1.-tire empZo3ree sh�Zl be �rantec3 vacation according to the fo].]�owing schedule: _ _ Years of Service Vaca�ion Granted 0 - 5 years 10 days 6 �•eers thru 15 yesrs 15 da,ys ]_6 years thru 25 vears 21 deys 25 years or �:ore 22 �'ays F�playees who work less than full-time shall be granted vacation on a pro rata basis. 17.2 The head of the Department �ay permit an employee to carry over into the following S�ear up to ten days' vacation. 17.3 The above provisions of vacation shall be subject to Ordinance No. 6�+46, Section I, Sub. H. 17.4 If an employee has an accumulation of sick leave credits in excess of one h�zndred 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. The m�ximun nu�:ber of days ` vacation $llowed by the conversion of sick leave credits shall be no �ore thzn five days in any one year so that the maxi�:u;r. vacation ti�e which may be taren in any one year shall be t:�irt;r- seven days includin� t?�ae re�ular vaca�ion period. - 21 - . X1'.II - GItZFV.�T+CE rR�J^.E�L�R�: ?.8.' Th� �'.rL�''Y.�'. �ha11 re�eL:,ize Ste�.�rds selec+ed in necordnn�e o,ith li1d7:Q;�; rules ard re�ulatians as t;he �ri.evar.ce rerresent^tive of the bar�ai.nzng unit:. ?'"e LT�:�O:: shalZ noti:,;r thc� EA�°i�l�� in �°ritin� of the r.az�es of th� Str_tiaards and of their successors r;hen so na*�ed. 18.% Tt is reco�nized �n� acc�pted �y the E?•mL�Q�R and the L�"dIOi� that t;�e rrocessing of g:ierances as hereinafter provided is li.mited by the job c?uties and responsibil.ities of the er�loyees and shall therefore be a.cco^�lishQd durirg w�rking hours only �hen consistent kith such employee d•aties and resgonsibilitie�. The Stek�ard involved and a grieving e�:�loyee shall suffer no loss in pay �her. a grievar.ce is processed during working i:ours, provided, the Steward and the employee have nctified and received �he approval of t:�eir surervisor to be absent to process a �rievance and that such abser,ce kould not bA detrimental to the work pro�rams of the E.h�'LC�Y"'c,R. 18.� Ti�e procedure est�b�ishec� by this Article shal� be the sole and exclusive �rocedure, except for the appeal of disciplinary actio:� as pro:�ided i�;� - Article �'II, fer the processing of grievances, which are defined as �*� 211eged violatien �f th� ter�s and conditicns of this AGRF..,�AsT.Grievance sl_al? be resolved in cc�forr:Gnce with the follo�yin� procedure: Step i. L'go:� t.ie e^cc<rrence of an alle�ed violation of this AGR:E.��T��, ��he e�7ployee �:�vc�.ved shall at�e�p� �o re�olve t�te matter on an ir:forriai bzsis h�ith the e�ployee's superr�sor. If ;.he ratter is n^t resolved to the en�nloyee's satis�a^tion by the in_ormal discussion i.t may be reduced tc v;r���ng and referred to �tep 2 by t}�e U:IIOI�;. The wri�ten grieva,ce stiaZl set iorth ihe _ ,-,� _ � ��:-��T�i,;: xvz�z - G�IF'Jfi1:�r r:;o��:T;L LL. ;co;��?r:�.�; nat�.<re of tre �-ri��v?r.�e, �he f�ct^ :�n ��•h7.C� �t is ba;�d, the r�11eF;ed section(�) af tlr� �.G?�:�.iy:��i violated, and the reli.ef requestrd. l:m� alleged violation of the �GR�r�T•i�Ty'T not reduced to writ,in� by the Ui3I0ji r;it:�in seven (7) calerJar days of tY:e fi.rst occurrence of the ever.t ri.vir.g rzse to �ne �rievance �r within thP v.se of reasonahle dili�ence �hould have h^d kne�•-1edg� of the �irst occurrence of the event givin�, rise to the grie�-ance, shalJ_ be considered waived. Ste� 2. Within seven (7) calendar da,ys after receiving the =Nritten grievance a desi�nated E?•�L(3YER supervisor shall meet witr. the UIVI�^t Stew4rd and attempt to resolve the grievance. If, as a result of this meetir.g, the �rievance remains unresolved, the Ebg'IAYER shail reply in writing to the UI�IOIZ �+�ithin three (3� calendnr days following this meeting. The tr.:�or1 �,ay� refer the grievance in writing to Step 3 �•ithin seven (?) calendar da��s follo«ing receipt of the �LdYER'S written answer. Any grieti�ance not referred in �,-riting b,: the UTiICi'� w�thin sever. (7} calendar days °o?lowin� ?^?CE1J:t o° the ��'�LOYER'S ans:�er shal� be considered waived. Step 3. Within sevea (7) calendar days following receipt of a grievar.^e referred from Step 2 a designated EA�LOYER supervisor shall meet kith the Union Busir.ess N.s.n2ger or his designated representat�ve and attempt to resolve t�e �rievance. With�n seven (7} calendar dGys follo�-ri*?o tni� n�etin� the E?�LCYER shal� rep?y in ��rit_::g to the UI�JIOYd statin� the Eh`PLQYER'S ans•„•er cor.cerning the grievence. If, as a result of the k�rit�en resper.�e the �rievance renair.s ur_resolved, the UfyIOT; �nay reFer the grievance to Step 4. Aray grievance r�ot referred to in �-ritin� by tne U::IGId to Ste,� 4 �:ithin :even (7� c�31e*�d3T da.�rs followir�; receipt of ir,e �:!�:i'�Y'�R'� ar.e�:zr shali t;e considerEd w4?ved. � ��< � � AP,TICLE Y.VIII - GRIEtrAI;�C�' i���C�,i�'J:2� {CO;:TZA'iJED; Sten L. If the grievance remain: vnresolv�d, t:�e ii::IO'd rr,�y within seven (7) calendar d;���s ^ftnr the response of the EP•�'LOYER in Step 3 1 L'^I � \7C +' n . ._--- by Nri+�en no�a..A to th.. Et•'�'I�...,R, request arbitra„i�n cf th.. griev�nce. The arbitr.atior. gro:^eedin�s �Y:all be conducted nyr an arbitrator �o be selec�ed by �utual agreement of the ED�FLOi'E.� and the UPdZQ:� �:�thir. sever. (7) ca?endar days aftex natice has been given. If the parties f�i3. to mt:tusliy a�ree upon an arbitrator within the said seven (7) day period, either party may request the R�bli.c mplovment Relation Board to submit a panel of five (5) arbitrators. Both the EMFLOYER and the UIVI4N shall have the right to strike two (2) n�es from the panel. The U1�IOId sh�:l.? strike the first (lst) name; �he �t�IAYER shall then strike one (1) name. The process r.�ill be repeated and the remaining person shall be the arbitrator. 18.4 The ar5itrator shall h�ve no right to au!end, modify, nuZlif,y, ignore, add to, or subtrac� frc� the provisions of this AGRE���1VT. Z`he �rbitrator sh211 consider and decide o�ly the specific issue submitted in krri�ir_g by the �h�LQYER end the UIYIOPt and shai 1 have no authority to make a decision on a:�t- other issue not so suhmitted. The arbitrator shall be without power to �ake decisions contrary to or inconsistent with or modifying or varying in ar.y �aa�- the applic2tion of laws, rules or regulatians ha��ing the force and effect of �a+:. �.^.e arbitrator's decision sha12 be sub�itted in writing k•ithin thrity (30) da;rs folZozring cZcse of the hearin� or the sub�na.ssion of briefs by the parties, ;�hichever be �ater, unless the parties a�ree to an extension. The decisicn shall be based solely on the arbitrator's interpretation or �pplication of the er.press teras of this E��REF:t•�IdT and to the facts of the griev�nce prese*:�ec . The deci;ior, of tne arcitrator sh�ll be :inal an� binding on the EN�F'I��'ER, �}�e U.T�IQI,, arid tr,e eIT,D�G}r@ES. - 2!� - i�-.TI:::� �.�''IIZ - G1Z��'A�,;;�i I'i;'J��T%U:: �CQri�II;Ln:L�) 1�',5 lhe fe.es �nd expenses for t;re arbitrator's �erti-i.^_es and proceeciin�*s :h�ll be borr.e eotia]1y by the E?�r�I.lJI'F;R 3nd the U1�IO;d, nrovided that euch party shall be rc�s�or.sib]_e for ccmr�nsatin� its ov�n rer.resentatives and witnesse�. Tf either party desires a verbatim recerd of the proceedings, it may ceuse sLCh a reccr3 to be made, �roviding it pays for the record. 1_8,6 ihe tir�n 1.iMits in ea.ch step of tr.is procedure �ay be extended by *�utv.�l agrePr�ent of the �•:PIA�R �r.d the UDTION. 18.7 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 the Personnel Ru1es. If an issue is determined by the provisions of the Personnel Rules it shall not again be submitted for arbitration under this grievance procedure. _ ��, _ ARTICLE XIX - RESIDENCY 19.1 All new employees appointed after the date of signing of the contract : between the City of Saint Paul and the International Union of Operating Engineers, Local 36 and Local 967 will be required to reside in the City of Saint Paul within one year of their original appointment and thereafter will be required to remain within the City limits as long as they are employed by the City of Saint Paul. 19.2 Every employee appointed prior to January 1, 1977, holding a position in the classified or unclassified service of the City who lives in the City of Saint Paul must maintain residence in the City limits of the City of Saint Paul as long as he is an employee of the City. 19.3 Every employee appointed prior to January 1, 1977, who lives outside of the City of Saint Paul and who changes his residence must move into the City of Saint Paul at the time of such change of residence. 19.4 Exemptions to the above residency requirements may be granted upon appli- cation by an employee to the Civil Service Commission and the Com�issian's ', finding, after the taking of testimony, that: � 19.41 The employee is handicapped and cannot find a suitable residence within the City. 19.42 The employee has actually entered into a contract to purchase a home outside the City or has actually entered into a contract for the construction of a residence prior to the date that this Article becomes effective. 19.43 The employee inherits a residence outside of the City and subsequently resides in that residence. 19.44 The employee will suffer extreme and severe financial hardship if he or she is required to take residence in the City. 19.45 The employee has lived outside of the City and is changing residence, but has two or less years remaining until mandatory � retirement. 19.46 The employee, because of unforeseen or extenuating circumstances, � will sustain a severe hardship if required to become a resident t of the City. � i saed � 19.5 Any employee failing to meet the residency requirements as here n t t ; and who fails to obtaia an exemption from such requirements by approval of the Civil Service Commission shall be deemed to be insubordinate and guilty of misconduct resulting in automatic forfeiture of employment. ' � 19.6 This article does not apply to employees occupying a temporary summer ; residence outside of the areas stated in Paragraph 16.1 above during !; the period of May 15 through September 15 of any calendar year. �� 19.7 Articles 19.2, 19.3 and 19.4 shall not take effect and be in force until � December 15, 1979. ;� i� ;} �� I� - 26 - '� i' ARTICLE Y,3{ - WAGE SCfiEDULE 20.1 The wage schedule for purposes of this contrsct shall be Appendix A _ _ _ __ attach�d h�reto. - 27 - ARTICLE XXI - TERMS OF AGREEMENT � I ,. 21.1 Complete Agreement with Waiver of Bargaining. This AGREEMENT shall i � represent the complete AGREEMENT between the UNION and the EMPLOYER. The r parties acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make requests and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the complete under- standings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this AGREEMENT. Therefore, the EMPLOYER and the UNION, for the life of this AGREEMENT, each voluntarily and unqualifiedlq waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this AGREEMENT. 21.2 Savings Clause. 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 pro- vision of this AGREEMENT shall hold to be contrary to law by a court of � competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. � 21.3 Term of Agreement. This AGREEMENT shall be in full force and effect from December 31, 1977, to December 31, 1979, and shall be automatically renewed from year to year thereafter unless either party shall notify the other in �ariting by June 1, that it desires to modify or terminate this AGREEMENT. In witness thereof, the parties have caused this AGREEMENT to be executed this 14th day of February , 1978. - 28 - ' � j: , _ _ _- - _ _ _ -- . � ARTICLE XXI - TERMS OF AGREEMENT (continued) �� ! t• f 21.4 This constitutes a tentative AGREEMENT between the parties which will be i � recommended by the School Board Negotiator, but is sub3ect to the approval � , � of the Independent School District No. 625 and is also sub�ect to � ratification by the UNION. ' WITNESSES: INTERNATIONAL UNION OF OPERATING INDEPENDENT SCHOOL DISTRICT N0. 625 ENGINEERS, LOCAL 36 AND 967 ' �� � �. BY: BY: � -��"i'-UE.�-�' _!�/-J�' School Board Negotiator ,,�-�siness Manager, Local 36 Independent School District 4�625 ' .� 1 . BY• BY. '��' �i,�. .�% �'!"/,f� ��t�t�t��G• Superintendent, 'Business Manager, Local 967 ,Z-�-T�' Board of Education BY: President BY: Recordiag Secretary - 29 - 9 • APPENDIX A - WAGES The wage rates and salary ranges for classifications in this unit are e£fective December 31, 1977, as follows: ___ __ First After 6 mos 6 mos Chief Operating Engineer--Civic Center $9.07 $9.41 Custodian-Engineer I 7.27 7.60 Custodian-Engineer I (Library) 7.27 7.60 Custodian-Engineer I--Public Safety 7.27 7.60 Custodian-Engineer II 7.39 7.82 Custodian-Engineer II (Library) 7.39 7.82 Custodian-Engineer III 7.60 8.02 Custodian-Engineer IV 7.85 8.28 Custodian-Engineer V 8.14 8.55 Custodian-Engineer (Public Safety Bldg) 8.79 9.13 **%�Filter Plant Operator 7.40 7.73 Filter Plant Operator I 7.87 8.20 Filter Plant Operator II 8.34 8.68 House Custodian II 5.53 ---- Instrument Repairman (Filter Plant) 8.34 8.68 Lime Recovery Operator 7.87 8.20 Maintenance Man 7.87 8.20 Operating Engineer I--Civic Center 7.87 8.20 Operating Engineer II--Civic Center 8.34 8.68 Pumping Engineer I 7.87 8.20 Pumping Engineer IZ 8.34 8.68 Pumping Engineer III 9.07 9.41 Sewer Pumping Station Operator 8.70 9.04 Stationary Engineer 7.87 8.20 *Stationary Fireman 7.67 8.00 Supervisory Stationary Engineer 8.27 8.60 Water Plant Aide 7.28 7.61 Af ter Af ter Af ter Start 6 mos 1-yr. 2- rs Custodian $6.36 $6.54 $6.66 $6.86 General Matron 301.15 311.75 322.88 335.07 347.26 360.51 367.93 376.41 Custodian (Light Duty) 337.72 350.44 363.16 376.41 391.25 406.09 415.63 425.70 Watchman I 338.88 352.66 365.38 379.16 394.00 410.43 418.91 429.51 - A1 - . • . APPE�IDIX A - WAGES (continued) Watchman--47ater Department Watchman II 371.74 385.52 399.83 415.20 431.63 449.12 460.78 471.38 Civic Center Plant Helper 527.30 540.82 Assistant Superintendent of Stadium 478.91 497.99 517.07 539.33 561.06 584.38 599.22 616.18 Stadium Supervisor 632.40 649.86 Personnel hired for employment with the City after the date of the signing of this agreement, to a class of positions listed in 1 above, shall be compensated at the "0 - 6 months" hourly wage rate during their probationary period. After completion of the probationary period the employee shall be paid at the "after 6 months" hourly wage rate. Employees promoted from any of the positions listed in 1 above to any position listed in 1 above shall receive the "after 6 months" hourly wage rate. Temporary and emergency employees shall be paid the minimum rate indicated in this appendi:: for the classification in which they are e�ployed. - A2 - � � • •' APPENDIX A - WAGES (continued) The orage rates and salary ranges for classifications in this unit are effective December 30, 1978, as follows: --- ---- - ------- --- - --- First After 6 mos 6 mos Chief Operating Engineer--Civic Center $9.61 $9•97 Custodian-Engineer I 7.71 8.06 Custodian-Engineer I (Library) 7.71 8.06 ' Custodian-Engineer I--Public Safety 7.71 8.06 ' Custodian-Engineer II 7.83 8.29 Custodian-Engineer II (Library) 7.83 8.29 i Custodian-Engineer III 8.06 8.50 � Custodian-Engineer IV 8•32 8'78 i Custodian-Engineer V 8.63 9.06 ' Custodian-Engineer (Public Safety Bldg) 9.32 9.68 � ***Filter Plant Operator I 7.84 8.19 � Filter Plant Operator I 8.34 8.69 , Filter Plant Operator II 8.84 9.20 , House Custodian II 5.86 --- Instrument Repairman (Filter Plant) 8.84 9.20 Lime Recovery Operator 8•34 8'69 Maintenance Man 8.34 8.69 Operating Engineer I--Civic Center 8.34 8.69 Operating Engineer II--Civic Center 8.84 9.20 Pumping Engineer I 8.34 8.69 Pua�ping Engineer II 8.84 9.20 Pumping Engineer III 9.61 9.97 Sewer Pumping Station Operator 9.22 9.58 Stationary �,ngineer 8.34 - 8.69 - -- - *Stationary Fireman 8•13 8'48 Supervisory Stationary Engineer 8.77 9.12 Water Plant Aide �'72 $'�� Af ter Af ter Af ter START 6 mos 1_yr• 2-yrs Custodian $6.74 $6.93 $7.06 $7•2� General Matron 319.22 330.46 342.25 355.17 368.10 382.14 390.01 398.99 Custodian (Light Duty) 357.98 371.47 384.95 398.99 414.73 430.46 440.57 451.24 �,�atchnan I 359.21 373.82 387.30 401.91 417.64 435.06 444.04 455.28 - A3 - ` , s . r � APPENDIX A - WAGES (continued) [,latchman--Water Department Watchman II 394.04 408.65 423.82 440.11 457.53 476.07 488.43 499.66 Civic Center Plant Helper 558.94 573.27 Assistant Superintendent of Stadium 507.64 527.87 548.09 571.69 594.72 619.44 635.17 653.15 Stadium Supervisor 670.34 688.85 Personnel hired for employment with the City after the date of the signing of this agreement, to a class of positions listed in 1 above, shall be compensated at the "0 - 6 months" hourly wage rate during their probationary period. After completion of the probationary period the employee shall be paid at the "after 6 months" hourly wage rate. Employees promoted from any of the positions listed in 1 above to any position listed in 1 above shall receive the "after 6 months" hourly wage rate. Temporary and emergency employees shall be paid the minimun rate indicated in this appendix for the classification in which they are employed. - A4 - : ' : J : � . � �''��''��;� : _ __ _ 1978 - 1979 LABOR AGREEMENT - between - THE CITY OF SAINT PAUL - and - INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 36 AND LOCAL 967 • I N D E X ARTICLE TITLE PAGE Preamble iii I Recognition 1 II Definitions � III Dues-Fairshare 3 IV Union Rights 4 V Seniority 6 VI Ma.nagement Rights � VII Hours, Premium Pay 8 VIII Leaves of Absence 10 IX Military Leave of Absence 11 X Jury Duty 13 XI Severance Pay 14 XII Mileage 15 XIII Working Out of Classification 16 XIV Discipline 17 XV Insurance 18 XVI Holidays 19 XVII Vacation 21 XVIII Grievance Procedure 22 XIX Residency 26 XX Wage Schedule 2� XXI Terms of Agreement 28 Appendix A - Wages A1 - ii - P R E A M B L E THIS AGREEMENT, BY AND BETWEEN THE CITY OF SAINT PAUL AND LOCAL UNION N0. 36 AND N0. 967, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO. This AGREEMENT has been entered into between the City of Saint Paul, hereafter referred to as the EMPLOYER,. and Local Unions No. 36 and 967, International Union of Operating Engineers, AFL-CIO, hereafter referred to as the UNION. This AGREEMENT has as its purpose, the promotion of harmonious relations between the EMPLOYER and the UNION, the establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in full compliance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1971, as amended. - iii - ARTICLE I - RECOGNITION l.l The EMPLOYER recognizes the UNION as the sole and exclusive bar�ai_ning agent for the purpose of establishing wages, benefits, hours and other conditions of employment for all of its employees as outlined in the certification by the Sta�e of Minnesota, Bureau of Mediation Services, under Case No. 73-PR-449-A, as amended, to read as follows: All regular, probationary, and grovisional engineering and building maintenance personnel who are employed by the City of St. Paul or who have their "terms and conditions of employment" established by the governing body of the City of St. Paul, and whose employment service exceeds the lesser of 14 hours per week or 35 percent of the normal work week and more than 100 work days per year in the following classifications: Assistant Superintendent of Stadium, Chief Operating Engineer-- Civic Center, Civic Center Plant Helper, Custodian-Engineer I, Custodian-Engineer II, Custodian-Engineer III, Custodian-Engineer IV, Custodian-Engineer V, Filter Plant Operator I, Filter Plant Operator II, Custodian (Light Duty) , General Matron, Lime Recovery Operator, Maintenance Man, Operating Engineer I, Operating Engineer II, Pumping Engineer I, Pumping Engineer II, Pumping Engineer III, Sewer Pumping Station Operator, Stationary Engineer, Stationary Fireman, Supervising Stationary Engineer, Watchman I, Watchman II, Watchman, Water Plant Aide, Custodian, House Custodian II, Stadium Supervisor, Instrument Repairman (Filter Plant) ; excluding supervisory, managerial, clerical, confidential, temporary and emergency employees, those exclusively represented by other labor or employee organizations, and all other employees. 1.2 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 - ' � ARTICLE II - DEFIDTITIONS 2.1 Collective Bargaining. The Et�LOYER will bargain collectively with the UIVION with respect to rates of pay, hours and other conditions __ _____ , __ _ pertaining to employment for all of the employees in the unit herein- before set forth. 2.2 Maintenance of Standards. The EI++�IAYER agrees that all conditions of employment relatin� to wages, hours of work, overtime differentials, vacations, and 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, (Ordinance No. 3250 and Ordinance No. 6446) at the time of the signing of this AGREEMENT, and the con- ditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this AGREEMENT. 2.3 Discrimination. The EMPLOYER will not interfere with, restrain or coerce the employees covered by this AGREEMENT because of inembership in or activity on behalf of the UI�ION. The F.MPLOYER will not discriminate in respect to hire, tenure of employment or any term or condition of employment against any employee covered by this AG� because of membership� in or activity on behalf of the UI9ION, nor will it discourage or attempt to discourage membership in the U1vI0N, or attempt to encoura�e membership in another UNION. - 2 - � ARTICLE III - DUES - FAIRSHARE 3.1 Dues. The EMPLOYER a�rees to deduct the UNION membership initiation fee assessments and once each month dues from the pay to 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 iJI�TION 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 gassible. 3.2 Fairshare. Any present or fhture employee who is not a ITNION member shall be required to contribute a fair share fee for services rendered by the UDTION. Upon notification by the iTNION, the EMPLOYER shall check off said fee from the ea.rnings of the employee and transmit the same to the UDTION. In no instar.�ce shall the required contribution exceed a pro rata share of the specif'ic expenses incurred for services rendered by the representative in relati.onship to negotiations and administration of �rievance procedures. 7'his provision shall remain operative only so lon� as specifically providec, by Minnesota law, and as otherwise legal. 3•3 The UDTION will indemnif3�, defend and hold the F1�LOYER harmless against any claims made and agai.nst any suits instituted against the City, its officers or employees, t�y reason of negligence of the UDTION in requesting or receiving deductions under this Article. The City �ill indemnify, defend and hold the UIJI()N harmless against any claims made and against any suits instituted agfiinst the UIVION, its officers or employees by reason of negli�ence on the part of the EMPLOYER in making or forwarding deductions under this Article. - 3 - � ' ARTICLE IV - U1vI0N RIGHTS 4.1 The U1�ION may designate employees within the bargaining unit to serve as Union Stewards and shall be required to administer this AGREEMENT. 4.2 The LTNION shall furnish the ENiPIAYER and appropriate Department Heads and Labor Relations Director with a list of Stewards and alternates, and, shall, as soon as possible, notif� said appropr�a te City officials in writing of any changes thereto. Only those who are Officers and Stewards shall be reco�ized by the EN4'LOYER for the purpose of ineetings. �+.3 There shall be no deduction from the pay of a Steward when directly involved in meetings with management relating to the administration of this AGREEI�NT during worki.ng hours. 4.4 Designated Union Representatives shall be permitted to visit employees on job sites and at department buildings during working hours for the purpose of the administration of this contract. 4.5 Shop Steward. One shop-steward from each department will be allowed to accompany an employee's authorized representative during regular working hours for the purpose of wage, salary, or fringe benefit discussions or other problems of their particular concern involving employees of the City of St. Paul and Independent School Distract No. 625 under the following conditions: 4.51 That only one employee from any one department be allowed to leave his work. 4.52 That the steward be expected to attend these meetings on his own time when they are held outside of his regular working hours. �+.53 That adequate notice is given to the department heads so that permission may be obtained.. - 4 - , ARTICLE IV - UNION RIGHTS (CONTIb'UED) 4.54 That the steward has officially been designated as such by the UNION that he represents. _ _ ___ _ 4.55 Union Conventions. Duly elected UNION delegates shall be granted time off without pay for one week to attend such convention. Vacation or compensatory time may be used for this purpose. The UNION shall give at least ten working days advance notice of the employees who will be participating in such conventions. - 5 - . ' • ARTICLE V - S�TIORITY 5.1 Seniority, for the purpose of this AGREEMENr, shall be defined as fallows: 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 flirther 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 determined by the employee`s rank on the eligible list from which certification was made. 5.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 5•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. 5.4 In cases where there are promotional series, such as Custodian Engineer I, II, III, etc., when the number of employees in the higher titles is to be reduced, employees who have held lower titles in the bargaining unit 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. 5.5 Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after two years of layoff. 5.6 It is understood that such employees will pick up their former seniority date in any class of positions that they previously held. - 6 - . ' � ARTICLE VI - MANAGEMENT RIGHTS 6.1 The iJrTION recognizes the right of the II�'LOYER 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 II�iPLOXER has not officially abridged, delegated, or modified by this AGREEMENT are retained by the EMPLQYER. 6.2 A public ENIPLOYER 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 ftiuictions and programs of the II�LOYER, its overall budget, utilization of technolo�y, and or�anizational structure and selection and direction and number of personnel. _ 7 _ ARTICLE VII - HOURS, PREMIUM PAY ; 7.1 Hours of Employment. The normal work day and the normal work week shall be 8 hours in any 24-hour period and 40 hours in any 7-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 5 consecutive normal work days. 7.2 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 pro- visions, however, shall not be effective when work is unable to proceed because of adverse weather conditions; nor shall these provisions apply to temporary or emergency employees, nor to employees employed under any of the titles listed in Section 7 of these Rules under the heading "Special Employments"; nor to any person whose regular scheduled workday is less than four hours. 7.3 Overtime. Time on the paqroll in excess of the normal hours set forth above shall be "overtime work" and shall be done 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 employee. 7.4 Premium Pay. To any employee who works on a regularly assigned shift, beginning earlier than 6 a.m. or ending later than 6 p.m. provided that at least five hours of the shift are worked between the hours of 6 p.m. and 6 a.m. , there shall be paid a night differential for the entire shift. - 8 - aRTTC� vzz - xovRS, PREMIUM PAY (CONTINUED) To any employee who works on a regularly assigned shift, beginning earlier than 6 a.m. or ending later than 6 p.m., but less than five hours of the shift are worked between the hours of 6 p.m. and 6 a.m., there shall be paid a ni�ht differential for the hours worked between the hours of 6 p.m. and 6 a.m. 7.5 The night difPerential shall be 5°� of the base rate, and shall be ' paid only for those night shifts actually worked; provided, however, that the provisions of this subsection shall not apply to emergency or temporary employees in the Auditorium, or to employees holding titles listed in Section II or Ordinance No. 6446 under the heading "Special �ployments" in this bargai.ning unit. 7.6 A premium pay of twenty-five cents (25¢) per hour shall be paid for all swing stage work, such as any work performed from a boatswain's chair or a swing scaffold, fifty (5o) feet or more above the ground. All standard safety laws shall be complied with. _ 9 _ ' . ARTICLE VIII - LF�VES OF ABSENCE $.1 Leave of Absence. After three month's employment, an employee may make application for a leave of absence not to exceed one year. A leave of absence shall be granted on the basis established in the Personnel Rules (Ordinance No. 3250). 8.2 Sick Leave. Sick leave shall accumulate at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumulation is unlimited. To be eligible for sick leave the employee must report to his supervisor no later than one-half hour past his regular scheduled starting time. The granting of sick leave shall be sub3ect to the terms and provisions of Ordinance No. 3250 of the City of Saint Paul. $.3 Any employee who has accumulated sick leave credits as provided above shall be granted leave with pay, for such period of time as the head of the department deems neeessary, on account of sickness or injury of the employee, quarantine established and declared by the Bureau of Iiealth, death of the employee:s mother, father, spouse, child, brother, sister, mother-in-law, father-in-law, or other person who is a member of the household; and may be granted leave with pay for such time as is actually necessary for office visits to a doctor, dentist, optometrist, etc., or in the case of sudden sicl�ess or disability of a member of his household, making arrangements for the care of such sick or disabled persons up to a maximum of four hours sick leave. _ .�p _ ARTICLE IX - MILITARX LEAVE OF ABSENCE ' � i 9.1 Pay Allowance. Any employee who shall be a member of the National Guard, the Naval Militia or any other component of the militia of the state, ' now or hereafter organized or constituted under state or federal law, or who shall be a member of the Officer's Reserve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the United States, now or hereafter organized or constituted under Federal law, shall be entitled to leave of absence from employment without loss of pay, seniority status� efficiency rating, vacating, sick leave or other ben- efits for all the time when such employee is engaged with such organization ' or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, provided that such leave shall not exceed a total of fifteen (15) days in any calendar year and, flu�ther provided that such leave shall be allowed only in case the required military or naval service is satisfactorily performed, which shall be presumed unless the contrary is established. Such leave shall not be allowed unless the employee: (1) returns to his position immediately upon being relieved from such military or naval service and not later than the expiration of time herein limited for such leave, or (2) is prevented from so returning by p�ysical or mental disability or other cause not due to such employee's own fault, or (3) is required by proper authority to continue in such military or naval service beyond the time herein limited for such leave. - 11 - #. ,� � . . � ARTICLE IX - MILI�RY LEAVE OF ABSENCE (CONTINUED) � • 9.2 Leave Without Pay. Any employee who engages in active service in time of war or other emergency declared by proper authority of any of the military or naval forces oF the state or of the United States for which leave is not otherwise allowed by law shall be entitled to leave of absence from employment without pay during such service with right of reinstatement and subject to such conditions as are imposed by law. . 9•3 Such leaves of absence as are granted under Article 9 shall conform to Minnesota Statutes, Section 192, as amended from time to ti.me and shall confer no additional benefits oth.er than those granted by said statute. - 12 - ; . . . . . . .. . _ . . . ARTICLE X - JURY DUTY 4 ' � 10.1 Any employee who is required to appear in court as a juror or witness shall 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 ENlPLOXER and be deposited with the Director of Finance and Management Services. 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 ti.me as he is required to appear in court as a juror or witness. - 13 - ARTICLE XI - SEVERAIJCE PAY 11.1 E7nployees shall be eligible for severance �ay 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 provisions that the maximum amount allowed shall be $4,000. _ 1� _ . ARTICLE XII - MILEAGE 12.1 Automobile Reimbursement Authorized. Pursuant to Chapter 92A of the St. Paul Le�islative Code, as amended, pertaining to reimbursement of City ofFicers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 12.2 Method of Computation. To be eligible for such reimbursement, all officers and emplayees 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 13 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 6.5 cents for each mile driven. 12.3 Rules and Regulations. The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating place of origin and destination and applicable mileage ratings thereat and indicating total miles driven, and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further required that they maintain automobile liability insurance in amounts not less than $100,000/300,000 for personal injury, and �25,000 for property damage. These rules and regulations, together with any amendments thereto, shaZl be maintained on file with the City Clerk. 12.4 The provisions of this Article shall not apply to employees oF Independent School District No. 625. _ 15 _ ARTICLE XIII - WORKING OUT OF CLASSIFICATION 13.1 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 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 recieved a regular appointment to the higher classification. - 16 - � ARTICLE XIV - DISCIPLINE 14.1 The EMPIAYER will discipline employees for just cause only. Discipline will be in the form of: 14.11 Oral reprimand; 14.12 Written reprimand; 14.13 Suspension; 14.14 Reduction; 1b.15 Discharge 14.2 Suspensions, reductions and discharges will be in written form. 14.3 Employees and the UNION will receive copies of written reprimands and notices of suspension and discharge. 14.4 E�ployees may examine all information in the Et�'LOYER personnel files that concerns work evaluations, commendations and�or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the EMPLYER. 14.5 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the empZoyee and�or iJNION may request, and shall be entitled to a meeting with the ENSPIAYER 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 with Civil Service Rules or may modify, or withdraw same. 1�.6 An employee to be questioned concerning an investigation of disciplinary action shall have the right to request that a U1dI0N representative be present. 14.7 Grievances 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 XVIII. - 17 - � ARTICLE XV - INSURANCE 15.1 The EMPLOYER will c�ntinue for the period of this AGREEMENT to provide for employees such health and life insurance benefits as are provided by the EMPLOYER at the time of execution of this AGREEMENT 15.2 The EMPIAYER will for the period of this AGREEMENT provide for employees who retire after the t,ime of execution of this AGREEMENT and until such employees reach sixty-five (65) years of age such nealth insurance benefits and life insurance benefits as are provided by the EMPIAYER for such employees. 15.3 In order to be eligible for the benefits under this early retiree provision, the employee must: 15.31 Be receiving benefits from a public employee retirement 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 Dependen�'s Coverage, the City will contribute one-half (2) of the cast 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 covera�e or $2.95 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. - 18 - � ARTICLE XVI - HOLIDAYS (CONTINUID) 16.5 If an employee entitled to a holiday is required to work on Washington's and Lincoln's Birthday, Christopher Columbus Day, or Veterans Day, he shall be granted another day off with pay in lieu thereof as soon . thereafter as the convenience of the department permits, or he shall be paid on a straight time basis for such hours worked, in addition to his regular holiday pay. If an employee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, I,abor Day, Thanksgiving Day or Christmas Day, he shall be recompensed for work done on this day 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 hours � worked, in addition to his regular holiday pay. - 20 - ax�r�c� xvz - xoLZnaYS : 16.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Years Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day Labor Day Two floating Holidays Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 16.2 The floating holidays set forth in Section 16.1 above may be taken at any time during the contract year, subject to the approval of the Departmen� Head of any employee. 16.3 Eligibility Requi.rements. In order to be eligible far a holiday with pay, an employee's name must appear on the payroll on any si.x 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. _ lg _ ' ARTICLE XVII - VACATION 17.1 In each calendar year, ench full-time employee shall be �ranted vacation according to the following schedtil.e: Years of Service Vacation Granted 0 - 5 years 10 days 6 years thru 15 years 15 days 16 years thru 25 years 21 days 25 years or more 22 days Employees who work less than full-time shall be granted vacation on a pro rata basis. 17.2 The head of the Department may permit an employee to carry over into the following year up to ten days' vacation. 17.3 The above provisions of vacation shall be subject to Ordinance No. 6�+46, Section I, Sub. H. 17.4 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. The maximum number of days' vacation all.owed 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 shall be thirty- seven days including the regular vacation geriod. - 21 - � � � XVIII - GRIEVANCE PROCIDURE 18.1 The EMPIAYER shall recognize Stewards selected in accordance with UPTION rules and regulations as the grievance representative of the bargaining unit. The UDIION shall notif�r the EMPLOYER in writing of the names of the Stewards and of their successors when so named. 18.2 It is recognized and accepted by the EMPLOYER and the UNION that the processing of grievances as hereinafter provided is liunited 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 received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EMPIAYER. 18.3 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.Grievance shall be resolved in conformance with the following procedure: Step 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 tJNION. The written grievance shall set forth the - 22 - " , . � , � ARTICLE XVIII - GRIEVANCE PRQCEDURE (CONTINUED) nature of the grievance, the facts on which it is based, the alleged � section(s) of the AGREEMENT vi�lated, and the relief requested. Any alleged violation of the AGREENIENT not reduced to writing by the ITNION ; 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 have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. � ; SteP 2• Within seven (7) c�lendar days after receivi.ng the written grievance a designated EMPIAYER supervisor shall meet with the UIVION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the ENIPLOYER 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 ENiPLOYER'S written answer. Any grievance not referred in writing by the UDTION within seven (7) calendar days following receipt of the ENff'IAYER'S answer shall be considered waived. SteP 3. Within seven (7) calendar days 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 repZy in writing to the iJNION statin� the F�'lPI�OYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the U1vI0N may refer the grievance to Step 4. Any grievance not referred to in writing by the tJPtION to Step 4 within seven (7) calendar days following receipt of the EMPIAYER'S answer shall be considered waived. - 23 - � ARTICLE XVIII - GRIEVANCE PROCEDURE (COAiTINUEA) Step 4. If' the grievance remains unresolved, the UI�tION may within seven (7� calendar days after the response of the EMPIAYER in Step 3 by written notice to the ENg'L07(ER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UI�lION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public �nployment Relation Board to submit a panel of five (5) arbitrators. Both the EMPIAYER and the UrTION 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. 18.4 The arbitrator shall have no right to amend, modify, nullif�, ignore, add to, or subbract from the provisions of this AGREEt�NT. The arbitrator shall consider and decide only the specific issue submitted in writing by the F�++IPLOYER 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 inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thrity (30) days following close of the hearin� 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 AGRE�T and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the ENlPLOYER, the UIJIQN, and the employees. - 24 - � ARTICI,E XVIII - GRIEVANCE PROCEDURE (CO1~iTINUED) 18.5 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UPTION, 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. 18.6 The time lir�its in each step of this procedure may be extended by �nutual agreement of the II�lPLOYER and the UATION. 18.7 It is understood by the UNION and the EMPLOYER that a grievance may be determined by either Che 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 determined by the provisions of the Personnel Rules it shall not again be submitted for arbitration under this grievance procedure. - 25 - ARTICLE XIX - RESIDENCY � 19.1 All new employees appointed after the date of signing of the contract ; between the City of Saint Paul and the International Union of Operating Engineers, Local 36 and Local 967 will be required to reside in the City ' of Saint Paul within one year of their original appointment and thereafter will be required to remain within the City limits as long as they are employed by the City of Saint Paul. 19.2 Every employee appointed prior to January 1, 1977, holding a position in the classified or unclassified service of the City who lives in the City of Saint Paul must maintain residence in the City limits of the City of Saint Paul as long as he is an employee of the City. 19.3 Every employee appointed prior to January 1, 1977, who lives outside of the City of Saint Paul and who changes his residence must move into the . City of Saint Paul at the time of such change of residence. 19.4 Exemptions to the above residency requirements may be granted upon appli- cation by an employee to the Civil Service Commission and the Commission's finding, after the taking of testimony, that: 19.41 The employee is handicapped and cannot find a suitable residence within the City. 19.42 The employee has actually entered into a contract to purchase a home outside the City or has actually entered into a contract for the construction of a residence prior to the date that this Article becomes effective. 19.43 The employee inherits a residence outside of the City and subsequently resides in that residence. 19.44 The employee will suffer extreme and severe financial hardship if he or she is required to take residence in the City. 19.45 The employee has lived outside of the City and is changing residence, but has two or less years remaining until mandatory retirement. 19.46 The employee, because of unforeseen or extenuating circumstances, will sustain a severe hardship if required to become a resident , of the City. 19.5 Any employee failing to meet the residency requirements as herein stated and who fails to obtain an exemption from such requirements by approval of the Civil Service Commission shall be deemed to be insubordinate and guilty of misconduct resulting in automatic forfeiture of employment. 19.6 This article does not apply to employees occupying a temporary summer residence outside of the areas stated in Paragraph 16.1 above during the period of May 15 through September 15 of any calendar year. 19.7 Articles 19.2, 19.3 and 19.4 shall not take effect and be in force until December 15, 1979. - 26 - ARTICLE XX - WAGE SCf�DULE 20.1 The wage schedule for purposes of this contract shall be Appendix A _- _ _. _ _--- -- --- __ _ __ attached hereto. ___ __ __ __ __ - 27 - • _ �: �. ARTICLE XXI - TERMS OF AGREEMENT � 21.1 Complete Agreement with Waiver of Bargaining. This AGREEMENT shall ', represent the complete AGREEMENT between the UNION and the EMPLOYER. The parties acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make requests and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the complete under- standings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this AGREEMENT. Therefore, the EMPLOYER and the UNION, for the life of this AGREEMENT, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or ma.tter referred to or covered in this AGREEMENT. 21.2 Savings Clause. This AGREEMENT is sub�ect to the laws of the United States the State of Minnesota, and the City of Saint Paul. In the event any pro- vision of this AGREEMENT shall hold to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. 21.3 Term of Agreement. This AGREEMENT shall be in full force and effect from December 31, 1977, to December 31, 1979, and shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing by June 1, that it desires to modify or terminate this AGREEMENT. In witness thereof, the parties have caused this AGREEMENT to be executed this 14th day of February , 1978. - 28 - ' ARTICLE XXI - TERMS OF AGREEMENT (continued) 21.4 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, and the City Council and is also subject to ratification by the UNION. WITNESSES: INTERNATIONAL UNION OF OPERATING CITY OF SAINT PAUL ENGINEERS, LO.CAL N0. 36 and 967 �� � • ''� ��...� � BY: �. %�,;:�,::�.-��."' � /y/7a' Labor Relations ir tor �usiness Manager', Local 36 ��;/ •� __j ` � � �.,,�..78 BY: BY: �! I��,.�-; 1� �%�I �_�:-t.�-��'l< / i+ �� Business Man�ger, Local 967 BY: President BY• Recording Secretary - 29 - - APPENDIX A - WAGES The wage rates and salary ranges for classifications in this unit are effective December 31, 1977, as follows: � First After__ 6 mos 6 mos Chief Operating Engineer--Civic Center Custodian-Engineer I $9•�� $9.41 Custodian-Engineer I (Library) �'27 7.60 Custodian-Engineer I--Public Safet �'27 7.60 Custodian-Engineer II y �'27 7.60 Custodian-Engineer II (Library) �•39 7�82 Custodian-Engineer III �•39 ��82 Custodian-Engineer IV �'60 8•�2 Custodian-Engineer V �'85 8•2$ Custodian-Engineer (Public Safety Bldg) 8��9 8.55 ***Filter Plant Operator 9.13 Filter Plant Operator I �'40 �•�3 Filter Plant Operator II �'87 8.20 House Custodian II 8'34 8•68 Instrument Repairman (Filter Plant) 5•53 ____ Lime Recovery Operator 8'34 8•68 Maintenance Man �•87 8.20 Operating Engineer I--Civic Center ��87 8'20 Operating Engineer II--Civic Center 7�87 $'20 Pumping Engineer I 8'34 8•68 Pumping Engineer II �'87 8•20 Pumping Engineer III 8'34 8•68 Sewer Pumping Station Operator 9'�� 9.41 Stationary Engineer $•�� 9.04 *Stationary Fireman �•87 8.20 SupervisQry Stationary Engineer �'67 8.00 Water Plant Aide 8•27 8.60 �•28 7.61 Af ter Af ter Af ter Start 6 mos 1-yr. 2- rs Custodian $6.36 $6.54 $6.66 $6.86 General Matron 301.15 311.75 322.88 335.07 347.26 360.51 367.93 376.41 Custodian (Li ht Duty) 337.72 350.44 363.16 376.41 391.25 406.09 415.63 425.70 Watchman I 338.88 352.66 365.38 379.16 394.00 410.43 418.91 429.51 - A1 - - APPENDIX A - WAGES (continued) Watchman II . 371.74 385.52 399.83 415.20 431.63 449.12 460.78 471.38 ' Watchman-Water Department 383.74 397.52 411.83 427.20 443.63 461.12 472.78 483.38 Civic Center Plant Helper 527.30 540.82 Assistant Superintendent of Stadium 478.91 497.99 517.07 539.33 561.06 584.38 599.22 616.18 Stadium Supervisor 632.40 649.86 Personnel hired for employment with the City after the date of the signing of this agreement, to a class of positions listed in 1 above, shall be compensated at the "0 - 6 months" hourly_wage rate during their probationary period. After completion of the probationary period the employee shall be paid at the "after 6 months" hourly wage rate. Employees promoted from any of the positions listed in 1 above to any position listed in 1 above shall receive the "after 6 months" hourly wage rate. Temporary and emergency employees shall be paid the minimum rate indicated in this appendix for the classification in which they are employed. - A2 - � � •-J APPENDIX A - WAGES (continued) _. The wage rates and salary ranges for classifications in this unit are effective December 30, 1978, as follows: First After 6 mos 6 mos Chief Operating Engineer--Civic Center $9.61 $9.97 Custodian-Engineer I 7.71 8.06 Custodian-Engineer I (Library) 7.71 8.06 Custodian-Engineer I--Public Safety 7.71 8.06 Custodian-Engineer II 7.83 8.29 , Custodian-Engineer II (Library) 7.83 8.29 Custodian-Engineer III 8.06 8.50 Custodian-Engineer IV 8•32 8'78 Custodian-Engineer V 8.63 9.06 Custodian-Engineer (Public Safety Bldg) 9.32 9•68 ***Filter Plant Operator I 7.84 8.19 Filter Plant Operator I 8.34 8.69 Filter Plant Operator II 8.84 9.20 House Custodian II 5.86 --° Instrument Repairman (Filter Plant) 8.84 9.20 Lime Recovery Operator 8.34 8.69 Maintenance Man 8.34 8.69 Operating Engineer I--Civic Center 8.34 8.69 Operating Engineer II--Civic Center 8.84 9.20 Pumping Engineer I 8.34 8.69 Pumping Engineer II 8.84 9.20 Pumping Engineer III 9.61 9.97 Sewer Pumping Station Operator 9.22 9.58 Stationary Engineer $•34 8'69 *Stationary Fireman 8•13 8'48 Supervisory Stationary Engineer 8.77 9.12 Water Plant Aide �•72 $'�� Af ter Af ter Af ter START 6 mos 1_yr• 2-yrs Custodian $6.74 $6.93 $7.06 $7•2� General Matron 319.22 330.46 342.25 355.17 368.10 382.14 390.01 398.99 Custodian (Light Duty) 357.98 371.47 384.95 398.99 414.73 430.46 440.57 451.24 Watchman I 359.21 373.82 387.30 401.91 417.64 435.06 444.04 455.28 - A3 - � � ' • ; � APPENDIX A - WAGES (continued) ' iF i-= Watchman II 394.04 408.65 423.82 440.11 457.53 476.07 488.43 499.66 � __ _— _------ ; Watchman-Water Department - � f 406.76 421.37 436.54 452.83 470.25 488.79 501.15 512.38 ; 4 Civic Center Plant Helper j � 558.94 573.27 � � Assistant Superintendent of Stadium 507.64 527.87 548.09 571.69 594.72 619.44 635.17 653.15 � i I Stadium Supervisor i � 670.34 688.85 � � � Personnel hired for employment with the City after the date of the signing of i this agreement, to a class of positions listed in 1 above, shall be compensated at the "0 - 6 months" hourly wage rate during their probationary period. After - completion of the probationary period the employee shall be paid at the "after 6 months" hourly wage rate. Employees promoted from any of the positions listed � in 1 above to any position listed in 1 above shall receive the "after 6 months" ' I hourly wage rate. � t i I Temporary and emergency employees shall be paid the minimum rate indicated in this appendix for the classification in which they are employed. I i � � i - A4 - I