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96-1575 �.'" Council File# ��„7 7� Green Sheet# 35800 RES TION F PAUL, MINNESOTA \` Presented by � Referred To Committee Date 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 February 1, 1996 through January 31, 1998 tentative agreement between the City of Saint Paul and the 3 International Alliance of Theatrical Stage Employees, Local No. 20. Yeas Na s Absent Requested by Department of: Blakey ,� Office of Labor Relations Bostrom � Guerin � Harris BY' r Megard ,i Retrinan ,� Form App ved by ' to•ney r. Thune ,i By: 4' � Adopted by Council: Date � g q7 Approved by Mayor for Sub ' io Council � � � Adoption C rtified by Cou ci c By: By: — Approved by Mayor: Date / �d By: �`C ti�,(.Y�/, �� -: �AitTNlENTIOFFIGE/�,'UUNCIL: DATE i1KiTUTED G�� t�'�ET NO.: 3�8Q0 ' LABOR RELATIONS December 9, 1996 CONfACT tERSON dk PHONE: � IN177AIJDATE INt77rWJDA'1'E MARY H. KEAcRNEY �Gft-C�IS ASSIGN 1 DEP#R1MEiVT D1R. � a ct�v cout�c�L N�JMBER 2 CI7'Y AT1Yy1WEY` CITY Ct,F�IK. MIIST BL(�IV COUNGL AGENDA nY(DATE) � BUDf,�T[NR. F1N.�MOT.SERYICE DI1t, �(lU'I'ING 3 MA'f�Olt(OR ASST.) ORDER TOTAL A OF SIGNATURE PAG 1 (GLiP ALL LOCATIOI'�5 FOIt SiIGNA'Nlt� , �►cnor��n:Tlus resolution aPProves t�►e attached Fcbn,ary 1, 1996 throu�,ianuaty 3l, l 498 teatgtive agceemeritt ` betvveer�the City of Saint Paul and�he i�tternational Aliiance df Theatrical'Stage�mptoyees,IACaI h�i.21?. . �cc�avn�noNS:,��t�+)�t�:(�) ;t►�soN�,sEar�c�comn�►crs�vsr�►r�sw��:�cu,t.+t��c c�u�ccuvvs: _ ,_„_,PLA9+IN�NG CdMMISSION CM[,SERVtGE CUMMiSSiU2d l: Flas this persa�ev��mdat a cantract far�is�rinaN? _ „�C:IS G'OMMI'I'�'£E Yes No „_STAFF 2. Has this perso�rm cwer been atit3'�PEaYtt� ° ��S7'RiG?CQURT Yes No ' ` SUPPOR7'S WHIGH COUNCIL4$ CT1VE? 3. Does ihis Pen�rm Poeaess a skilllwt nom�al�Y po��b1'�Y��*�f�'�mP�Y�• Ya No E��w�er��anNe sYeet a�aEdxl�W traa�Meet INI'l7A77NG PROBLEN'1,iSSUE.OPP�tTUNITY(Who,WMat,Wh�e�tre,�V�y: ' �'�: � See Attached. M,�YO�S 0� D�� Og �996 � �� ,� , � : ' ,�nv�rrAC�s E�,�eovEU: An Agreement in place througl�Janaary 31, 1998. - uis�wv�rrr�cc�s ts,�reov�: None. �iuitlCll �81'C#t C�f1tBi' . DEC 13 19g6 a�uv�r�rr�cES t��o�r,�►rrxovEn: ,No settleanent rea�hed and possible str�ke. �� "_" : � � TOTAL AMOUNT OF 77UNSACTION: 1996:51914.55 COBT/RLVBNi}E'BUDGETE�: 1997:5176636 �[INDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION:{EXW.Al1V) _ 9�-�sy� ATTACHMENT TO GREEN SHEET 1996-1997 INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES,LOCAL NO.20 Below represents the changes for the February 1, 1996 through January 31, 1998 tentative agreement between the City of Saint Paul and the International Alliance of Theatrical Stage Employees, Local No. 20. 1. DURATION This contract will be effective February 1, 1996 through January 31, 1998. 2. WAGES Effective O1/20/96: 2.0% base wage increase Effective 02/01/97: 2.0%base wage increase 3. GRIEVANCE PROCEDURE The parties agree to add voluntary grievance mediation between steps 3 and 4. 4. ACTIVE HEALTH INSURANCE Effective for the January, 1996 insurance,the City will contribute the full cost for single, and $326.21 for family. Effective for the January, 1997 insurance,the City will contribute the full cost for single, and $336.41 for family. 5. RETIREE HEALTH INSURANCE For Employees appointed prior to O1/1/98 Retiree Health Insurance The City will contribute towards the cost of single health insurance only;the contribution level will remain constant, but will be refigured once the employee turns 65 if such date is after the date of retirement. School District experience will not be counted toward the 20 year requirement. For Employees hired on or after O1/1/98 Retiree Health Insurance The City will discontinue contributing retiree health insurance benefits. 7. VACATION No additional days were given, but the years of eligibility decreased by one year in each category (effective February 1, 1996). lst year thru 5t�c 4th year .0385 (10 days) 6t� Sth year thru� 14th year .0654 (17 days) � 15th year thru�5tk 24th year .0923 (24 days) �6t�t 25th year and thereafter .1000 (26 days) 8. HOLIDAYS Temporary employees will be paid time and one-half for hours worked on the following four holidays(effective January 1, 1997): New Year's Day, January 1 Independence Day, July 4 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 F:\LABREL\CONTRAC'IISTAGEEMPW TTACH96 � 9�-�,��5 � 0 N N � V O � Q m N M V h f0 1� a0 01 O N (`� M tp t0 fp rp t0 t0 f0 f0 t0 ao n � n n � f0 f0 C � �� J � 2"i ti � c � H c tl! � � in �� c t LL � W � E (� L (`p T N � �+ V � 5 tn � d V � Q� O J � �• 0� O `� �3� � Y C d a Q. � O d G w � N � � " w �.�- w � w � .L � w G 31 m � t N � � N � a�0i y 3 w w c 3� � � 3 3 � � 3 E � E � ° m E L m� a c � m w �i �i o a� d �i � m m �i� d � �i o �i U p U tA E �n W 0 Z 2 2 U Z� Z� Z Z Z O Z U Z U 2`o F�-�i � V�- � a a d � � � � C i R 10 V a p� �L` � Q m � N 1l� 11( 1� �( l(] l�(1 �,. 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'� m �i d d o �i�d �i �n d d d?E d � �i o �i V o o V o N � � c « LL y O z z z U Z� 2 � Z z z� Z U z U Z `o !-LL � F�� o a E � � +�' � � °o a�o � a°DO a, > a�i p �•- �i � � o N 01 O �O � p a 7 � } n `L'� e a � � m �� r � y � n N w «�i . a�o d��i �I G� m � M v' a°i ° cD � N V N � � w, a.N+ W LfI Q m t0 I� N O1 O � N � U1 a f/1 N ^ N ��N C � 'm `�- �• � � € ° d � �E � O � $ � � � a°i °� m � � �' t� S'c� dc � c a`0im �'dU N � � tny �a t��a � c O �O � � tn � w � O a o a >m m m � � � tl�l dl C C N J � N � N N N � N d N E t�ll E N E N ..�. (y/](�y� rC (O � � [� m�U m O U m� m C m � C1� 00 U m U m U m F- >> .L r . �6•��5 MEMORANDUM OF AGREEMENT between the City of Saint Paul and the International Alliance of Theatrical Stage Employees Local #20 The parties hereby agree that Appendix A, the wage schedule effective February l, 1997 through January 31, 1998, may be subject to a one-time wage renegotiation. Either party may give written notice of its desire to reopen the agreement for the purpose of negotiation with respect to wages, if and only if the wage increases from the majority of comparable units in the City exceeds 2% for the year 1997. Any renegotiated wage term shall go into effect during the first payroll period after the fmal approval of the renegotiated contract. . . . . . . . � r � Q�G�� . ��-ti-S'� � Mary earney date David Colby date Director of Labor Relations Business Representative City of Saint Paul International Alliance of Theatrical Stage Employees Local #20 F:ILABREL�CONTRACTSTAGEEMPUNOA96 - �� _ _ _ . . _ � � � � _ . . . . . , . . . . � . . .. . . � . . . , _ . ,� _ . � �� _ . i� -� �� ,��.��.�.��: �� _ . . . , : . . . . . _ . : . . . . , . '� a � . . -_ '.: �,. . � ' - µ "2 . �. . ., � < .. . . . . . _ .� . , . , .� , , . . . ,:� �.�:. . .,.. : . . � ' , - ... , . .. . . , , , ,- , -�,- _ :; , . �_ . . _ _ � . .. : � -. � -_:. " . . . �...` , . . ...3", . ... � .. . .� � _ ". ' " =_ _ .., - _ y. - �� , � - . � � - - - �'! ._ — ,- . ,... .�� : . ,.. , _ . � . . .- . . . �� - - 1 • �.- --� -. .. . -� �� i .. . 1��r��.,��r�-��1+�� :��1.=; " • - : • -- - _ . _ . , , , _ . . ; , � . , . ; , . .-� ,. �� , . . , ,_ , , . ,: . . . . .y , . , . :. _-� , , , ._ . , , . _.. :. • . ,: • , . �. . - _ � -, , _ _ _ - e�►�� - � , , - _ . _. - � :=. . _ : . , . . , , , - : : ,,. . - . - , .. , ; . - " ;. . .. �.. _ ,,. . . , , �. ;' . , , . . ;. - ,_ _ t�. `�r �1�� .E"l�l �� ' � � � - _ �=� � -., . _ w; . , - - ,: . ;� . , . . ,- ��t'�� j�� 1�� " :�i��-��, � - � . .��..��'.-�Y�� - . � . ,. � .. j^ - _ . . .. .. . . ,,. . . _ . ., -., -. _- . , .. , i, �.� -. _. z '.�. �' y. .. .. ,� ._. _ ..�., , `. �,� �. .. .: . _ F' , - - _ . �, ._ �.. . r . . , . ..,. ,: . .:.,.�, . , .- , ..�' „ .�-. _ .. .� . _ . _ ,. . _�. t " ' t. .�.- ' ..� ._' ". '. . . .. . .,,. . ,.- .�... _ :. �,. �-' '; . .. :� ._ , , . . �,- , . , ,� . . .._ .. � . '��. .�, _ 1 rm . . a . , , . . ., �:' ,. . ..:i. � ' . ' r . . ,. . , , . .. .. _ . ... . , . -. ...� �.: � ..�. . ..� , . , , - . ' " . , :' „ _ . .. . ., � ,.. ' :� ,. ;. .._. : _. . a , � , � . �.� l:, . _ _ . . . ..� -� - � � ..,��.� ��-�. � �' � r . , �t l�-�5�1� INDEX ARTICLE TITLE PAGE Principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii 1 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Payroll Deductions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Management Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Discipline Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9 Employee Rights-Grievance Procedure . . . . . . . . . . . . . . . . . . . . 11 10 Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 11 Vacations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 12 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 13 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 14 Wages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 15 Savings Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 16 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 17 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . 23 18 Terms of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 AppendixA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Al i a��s� � PRINCIPLES � This AGREEMENT is entered into to facilitate the adjustment of grievances and disputes between the EMPLOYER and Employees to provide, insofar as possible, for the continuous employment of labor and to establish necessary procedures for the amicable adjustment of all disputes which may arise between the EMPLOYER and the UNION. The EMPLOYER and the UNION encourage the highest possible degree of practical, friendly, cooperative relationships between their respective representatives at all levels. The officials of the EMPLOYER and the UNION realize that this goal depends primarily on cooperative attitudes between people in their respective organizations and at all levels of responsibility, and that proper attitudes must be based on full understanding of and regard for the respective rights and responsibilities of both the EMPLOYER and the Employees. There shall be no discrimination against any Employee by reason of race, color, creed, sex, disability or UNION membership. The EMPLOYER and the UNION affirm their joint opposition to any discriminatory practices in connection with employment, promotion, or training, remembering that the public interest remains in full utilization of Employees skill and ability without regard to consideration of race, color, creed, national origin, age or sex. ii , �lo-\��"l� ARTICLE 1 - RECOG1vITION 1.1 The EMPLOYER recognizes the UNION as the sole and exclusive collective bargaining agent for all Employees that have been certified by the State of Minnesota, Case No. 82-PR-597-A, as follows: All employees of the Saint Paul Civic Center Authority, Saint Paul, Minnesota, in the classifications of Assistant Stage Technician, Grip, Fly Person, Lamp Operator, Property Person, Rigger, Stage Carpenter, Stage Technician, and Stage Electrician, Truck Loader/Unloader whose employment service exceeds the lesser of 14 hours per week or 35 percent of the normal work week and more than 67 work days per year, excluding supervisory and confidential employees. 1.2 The EMPLOYER agrees not to enter into any contractually binding agreements with any Employee or representative not authorized to act on behalf of the UNION. There shall be no individual agreements with any Employees that conflict with the terms of this AGREEMENT, and any such agreement or contract shall be null and void. - 1 - ARTICLE 2 - IJNION RIGHTS 2.1 The UNION may designate employees from within the bargaining unit to act as Stewards and shall inform the EMPLOYER in writing of such designations. Such Employees shall have the rights and responsibilities as designated in ARTICLE 9 (GRIEVANCE PROCEDURE). There shall be no more than one Steward involved in any one specific grievance. 2.1.1 The Steward shall have the right to meet with the EMPLOYER designated representative with concerns regarding issues of safety and/or asserted contractual or legal problems. This ARTICLE does not change the labor relations principle whereby labor performs work as assigned, and grieves contractual violations after-the-fact. 2.2 There shall be no deduction of pay from Stewards when directly involved in meetings with management during working hours for grievance procedures. 2.3 Designated UNION Representatives shall be permitted to visit Employees on job sites and at department buildings during working time. - 2 - , , �� ` �� ARTICLE 3 - PAYROLL DEDUCTIONS 3.1 The EMPLOYER shall, upon request of any regularly appointed Employee in the unit, deduct such sum as the UNION may specify for the purpose of initiation fees and dues to the UNION, providing the UNION uses its best efforts to assess such deductions in as nearly uniform and standard amounts as is possible. The EMPLOYER shall remit monthly such deduction to the appropriate designated UNION. 3.2 In accordance with M.S.A. 179A.06, Subd. 3, the EMPLOYER agrees that upon notification by the UNION, the EMPLOYER shall deduct a fair share fee from all regularly appointed Employees who are not members of the exclusive representative. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. 3.3 The UNION will indemnify, defend and hold harmless the EMPLOYER against any claims made and against any suits instituted against the EMPLOYER, its officers or employees, by reason of negligence of the UNION in requesting or receiving deductions under this ARTICLE. The EMPLOYER will indemnify, defend and hold harmless the UNION against any claims made and against any suits instituted against the UNION, its officers or employees by reason of negligence on the part of the EMPLOYER in making or forwarding deductions under this ARTICLE. - 3 - ARTICLE 4 - MANAGEMENT RIGHTS 4.1 The UNION recognizes the right of the EMPLOYER to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the EMPLOYER has not officially abridged, delegated, or modified by this AGREEMENT are retained by the EMPLOYER. 4.2 A public EMPLOYER is not required to meet and negotiate on matters of inherent managerial policy, which include but are not limited to, such areas of discretion of policy as the functions and programs of the EMPLOYER, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. - 4 - Q.�� ARTICLE 5 - SAFETY � 5.1 Accident and injury free operations shall be the goal of all EMPLOYERS and Employees. To this end the EMPLOYER and Employees will, to the best of their ability, abide by and live up to the requirements of the several State and Federal Safety Codes and Regulations. 5.2 To this end the EMPLOYER shall from time to time issue rules or notices to the Employees regarding on the job safety requirements. Any Employee violating such rules or notices shall be subject to disciplinary action. - 5 - ARTICLE 6 - DISCIPLINE PROCEDURES 6.1 The EMPLOYER will discipline Employees for just cause only. Discipline may be in any of the following forms: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge 6.2 Suspensions, reductions and discharges will be in written form. 6.3 A notice in writing of suspensions, reductions and discharges shall be sent to the Employee and the UNION within seventy-two (72) hours after such action is taken. 6.4 Discharges will be preceded by a �ve (5) day preliminary suspension without pay. During said period the Employee and/or UNION may request, and shall be entitled to, a meeting with the EMPLOYER representative who initiated the suspension with intent to discharge. During said five (5) day period, the EMPLOYER may affirm the suspension and discharge in accordance with Civil Service Rules, or may modify or withdraw same. 6.5 Grievances relating to this ARTICLE shall be processed in accordance with the grievance procedure under ARTICLE 9. 6.6 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than one-half hour before the beginning of such work day. 6.7 Failure to make such notification may be grounds for discipline. - 6 - ��-�5� � ARTICLE 7 - HOURS 7.1 When an employee is called to work he/she shall receive two hours of pay if not put to work. If he/she is called to work and commences work, he/she shall be guaranteed four hours of pay. These provisions, however, shall not be effective when work is unable to proceed because of adverse weather conditions; nor shall these provisions apply to any person whose regularly scheduled workday is less than four hours. 7.2 Hours worked in excess of 40 hours in a work week shall be compensated at the rate of one and one-half times the regular rate of pay. 7.3 Hours actually worked by employees in the titles listed above between 12:00 midnight and 8:00 a.m. shall be compensated at the rate of two times the regular hourly rate. 7.4 The performance rate shall apply for all performances lasting up to three (3) hours. If a performance exceeds three (3) hours, the time worked in excess of three (3) hours shall be compensated at a hourly rate of one-third ('/s) the performance rate. It is understood that all of the performance crew will report one-half('h) hour before the scheduled performance time. It is further understood that the one-half(lh) hour prior to the scheduled performance time shall not be included in the three (3) hour performance time and there shall be no additional compensation for such half hour. 7.5 The truck rate shall apply for all truck loading/unloading up to three (3) hours. If the loading/unloading of a truck exceeds three (3) hours, the time worked in excess of three (3) hours shall be compensated at a hourly rate of one-third ('/a) the truck rate. 7.6 All employees covered under this agreement shall have a non-paid meal period break of one (1) hour duration after they have been employed not less than three (3) hours, or no later than five (5) hours of continuous work. If a meal break is not granted, all time worked after the Sth hour and until a meal break is granted shall be paid at time and one-half of the regular rate of pay. 7.6.1 In the event employees receive a meal period penalty, the penalty wage rate shall be one-half increment above the prevailing rate of pay and shall remain at that rate until such personnel are given a one (1) hour meal break or are fed a hot adequate meal. - 7 - ARTICLE 7 - HOURS, (continued) 7.6.2 The employer, in lieu of providing a full meal period break or in lieu of paying employees a meal period penalty, may provide an adequate meal for all employees and at least thirty (30) minutes to consume the meal. Employees shall receive continuous pay during the thirty (30) minute meal period. An adequate meal is defined as a full hot meal, except between the hours of 8:00 a.m. and 5:00 p.m., when a cold meal, such as sandwiches and/or deli tray shall be adequate. Fast food sandwiches are not acceptable. 7.6.3 A coffee break shall be granted between the second and third hour of a call, excluding a performance or rehearsal. - 8 - �ilo-\� 1Cj ARTICLE 8 - INSURANCE 8.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by the EMPLOYER shall be solely controlled by the contracts negotiated by the EMPLOYER and the benefit providers. The EMPLOYER will attempt to prevent any changes in the benefits offered by the benefit providers. However, the employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. 8.2 For each eligible employee covered by this AGREEMENT who is employed full-time and who selects employee insurance coverage, the EMPLOYER agrees to contribute the full cost of the single health insurance premium. Effective for the February, 1996 insurance premiums, for each full-time eligible employee who selects family coverage, the EMPLOYER will contribute the cost of such family coverage or $326.21 per month, whichever is less. This provision shall be retroactive to February, 1996 for insurance coverage. 8.2.1 Effective for the January, 1997 insurance premiums, for each full-time eligible employee who selects family coverage, the EMPLOYER will contribute the cost of such family coverage or $336.41 per month, whichever is less. 8.3 For the purpose of this ARTICLE 8, full-time employment is defined as appearing on the payroll at least 32 hours per week or at least 64 hours per pay period excluding overtime hours. 8.4 For each eligible employee, the EMPLOYER agrees to contribute the cost of$5,000 of life insurance coverage. 8.5 For full-time eligible employees who meet all the conditions in ARTICLE 8.6 below and who retire, the EMPLOYER will provide, for the life of the retiree, the full cost of the least expensive single health insurance coverage provided by the EMPLOYER at the time the employee retires. The City's contribution shall remain constant, except that such contribution level shall be refigured at the full cost of the least expensive premium offered by the Employer at the time the retiree reaches age 65, if such date is after the date of retirement. For such employees who retire and have not completed at least twenty (20) years of service with the City at the time of their retirement, the EMPLOYER will discontinue providing any health insurance contributions upon their retirement. 8.6 Eligible employees who retire must meet the following conditions at the time of retirement to be eligible for the City contributions to health insurance set forth in ARTICLE 8.5. - 9 - ARTICLE 8 - INSURANCE (continued) 8.6.1 Be receiving benefits from a public employee retiree act at the time of retirement. AND 8.6.2 Have severed his/her relationship with the City of Saint Paul under one of the early retiree plans. AND 8.6.3 Must have completed at least twenty (20) years of employment with the City of Saint Paul. Time worked with Independent School District 625 will not be counted toward the twenty (20) year requirement. AND 8.6.4 Were hired prior to January 1, 1998. 8.7 The contributions indicated in this ARTICLE 8 shall be paid to the EMPLOYER's Third Party Administrator. 8.8 Any cost of any premium for any City-offered Employee or family insurance coverage in excess of the dollar amounts stated in this ARTICLE 8 shall be paid by the Employee. 8.9 This ARTICLE 8 shall apply only to full-time regularly appointed employees. - 10 - � ��-�� ARTICLE 9 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 9.1 The EMPLOYER shall recognize stewards selected in accordance with UNION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the names of the stewards and of their successors when so named. 9.2 It is recognized and accepted by the EMPLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during working hours only when consistent with such Employee duties and responsibilities. The steward involved and a grieving Employee shall suffer no loss in pay when a grievance is processed during working hours, provided the steward and the Employee have notified and 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 EMPLOYER. 9.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. 9.4 Grievances 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 UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or with 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) calendar days after receiving the written grievance a designated EMPLOYER supervisor shall meet with the UNION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UNION within three (3) calendar days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER's written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMPLOYER's answer shall be considered waived. - 11 - ARTICLE 9 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (cont.) 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 reply in writing to the UNION stating the EMPLOYER's answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred to in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYER's answer shall be considered waived. Optional Mediation Step 1. If the grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendar days, request mediation. If the parties agree that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediation Services for the assignment of a mediator. Grievance mediation shall be completed within thirty (30) days of the assignment unless the parties mutually agree to lengthen the time limit. 2. Grievance mediation is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to arbitration shall be delayed for the period of inediation. 3. The grievance mediation process shall be informal. Rules of evidence shall not apply and no record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and argument to support their case. The mediator may meet with the parties in joint session or in separate caucuses. 4. At the request of both parties, the mediator may issue an oral recommendation for settlement. Either party may request that the mediator assess how an arbitrator might rule in this case. 5. The grievant shall be present at the grievance mediation proceeding. If the grievance is resolved, the grievant shall sign a statement agreeing to accept the outcome. Unless the parties agree otherwise, the outcome shall not be precedential. - 12 - ��-�S� � ARTICLE 9 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (cont.) 6. If the grievance is not resolved and is subsequently moved to arbitration, such __ proceeding shall be de novo. Nothing said or done by the parties or the mediator during grievance mediation, with respect to their positions concerning resolution or offers of settlement, may be used or referred to during arbitration. Step 4. If the grievance remains unresolved, the UNION may within seven (7) calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) day period, either party may request the Public Employment Relation Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 9.5 The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the applications of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION, and the Employees. 9.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, 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. 9.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. - 13 - ARTICLE 10 - SICK LEAVE 10.1 Sick leave credits shall be earned, accrued and used in accordance with the Saint Paul Civil Service Rules. 10.2 This ARTICLE 10 applies only to full-time regularly appointed employees. - 14 - ARTICLE 11 - VACATION ��O `� � � 11.1 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, excluding overtime. Years of Service Hours of Vacation lst year thru 4th year .0385 (10 days) Sth year thru 14th year .0654 (17 days) 15th year thru 24th year .0923 (24 days) 25th year and thereafter .1000 (26 days) 11.2 The Head of the Department may permit an Employee to carry over one hundred and twenty (120) hours of vacation into the following "vacation year." For the purpose of this ARTICLE the "vacation year" shall be the fiscal year (IRS payroll reporting year). 11.3 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I (one), Subsection H. 11.4 If an Employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he/she may convert any part of such excess at the rate of two (2) days of sick leave for one (1) day of vacation up to a maximum of five (5) days of vacation. No employee may convert more than ten (10) days of sick leave in each fiscal year under this provision. Such conversion must be approved by the Department Head. 11.5 This ARTICLE 11 shall apply only to full-time regularly appointed employees covered by this AGREEMENT. - 15 - ARTICLE 12 - HOLIDAYS 12.1 The following twelve (12) days shall be designated as holidays: New Year's Day, January 1 Martin Luther King Day, third Monday in January Presidents' Day, third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day after Thanksgiving, fourth Friday in November Christmas Day, December 25 Two floating holidays Eligible Employees shall receive pay for each of the holidays listed above on which they perform no work. When New Year's Day, Independence Day or Christmas Day fall on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays fall on a Saturday, the preceding Friday shall be considered the designated holiday. 12.2 The floating holidays set forth in Section 12.1 above may be taken at any time during the fiscal year, subject to the approval of the Department Head of any Employee. 12.3 Eligibility Requirements In order to be eligible for a holiday with pay, an Employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood that no temporary nor other employees not heretofore eligible shall receive holiday pay. 12.4 The ten (10} holidays shall be considered non-work days. 12.5 If, in the judgment of the EMPLOYER, personnel are necessary for operating or emergency reasons, Employees may be scheduled or "called back" in accordance with ARTICLE 7.1 (Call-in-Pay). - 16 - ��`�� ARTICLE 12 - HOLIDAYS (continued) 12.6 Employees entitled to a holiday and who are required to work on Martin Luther King Day, Presidents' Day, Veterans' Day, or the Day after Thanksgiving shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department permits, or they shall be paid on a straight time basis for such hours worked, in addition to their regular holiday pay. If an Employee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day or Christmas Day, he/she 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/her regular holiday pay. Eligibility for Holiday pay shall be determined in accordance with Section I, Subsection I of the Saint Paul Salary Plan and Rate of Compensation. 12.7 This ARTICLE 12 shall apply only to full-time regularly appointed employees in accordance with the Civil Service Rules. 12.8 Notwithstanding 12.7 above, effective January 1, 1997, part-time temporary employees shall be paid one-half increment above the base rate for time worked on the four (4) days listed below. This rate shall apply to calls that begin and/or occur during the twenty-four hour period of the holiday (12:00 a.m. midnight to 12:00 a.m. midnight). New Year's Day, January 1 Independence Day, July 4 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 The one-half increment shall not be applied on any other overtime or penalty rate. - 17 - ARTICLE 13 - SEVERANCE PAY 13.1 The EMPLOYER shall provide a severance pay program as set forth in this ARTICLE. 13.2 To be eligible for the severance pay program, an Employee must meet the following requirements: 13.2.1 The Employee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement. Those Employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 13.2.2 The Employee must file with the Director of Human Resources a waiver of reemployment which will clearly indicate that by requesting severance pay, the Employee waives all claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 13.2.3 The Employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of his/her separation from service. 13.3 If an Employee requests severance pay and if the Employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the Employee on the date of separation for each day of accrued sick leave subject to a maximum as shown below based on the number of years of service in the City. Years of Service with City Maximum Severance Pay At Least 20 $4,000.00 21 $4,600.00 22 $5,200.00 23 $5,800.00 24 $6,400.00 25 $7,000.00 13.4 For the purpose of this severance program, a death of an Employee shall be considered as separation of employment, and if at the time of his or her death, the Employee would have met all of the requirements set forth above, payment of the severance pay shall be made to the Employee's estate or spouse. - 18 - , ��—�� ARTICLE 13 - SEVERANCE PAY (continued) 13.5 For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 13.6 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 13.7 This severance pay program shall be subject to and governed by the provisions of City Ordinance No. 11490, except in those cases where the speci�c provisions of this ARTICLE conflict with said ordinance and in such cases, the provisions of this ARTICLE shall control. - 19 - ARTICLE 14 - WAGES 14.1 The basic hourly wage rates as established by Appendix A shall be paid for all hours worked by temporary, provisional, probationary and regular employees. - 20 - ��[,,�� 7 ARTICLE 15 - SAVINGS CLAUSE 15.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Saint Paul. In the event any provision of this AGREEMENT is held 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 - ARTICLE 16 - JLTRISDICTION 16.1 Disputes concerning work jurisdiction between and among UNIONS are recognized as appropriate subjects for determination by the various UNIONS representing Employees of the EMPLOYER. 16.2 In the event of a dispute concerning the performance or assignment of work, the UNIONs involved and the EMPLOYER shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the EMPLOYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the EMPLOYER's basic right to assign work. 16.3 Any Employee refusing to perform work assigned by the EMPLOYER shall be subject to disciplinary action as provided in ARTICLE 6 (DISCIPLINARY PROCEDURES). 16.4 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. 16.5 The subcontracting of work done by the Employees covered by this AGREEMENT shall in all cases be made only to EMPLOYERS who qualify in accordance with Ordinance No. 14013. - 22 - . ��-�� ARTICLE 17 - STRIKES, LOCKOUTS, WORK INTERFERENCE 17.1 The UNION and the EMPLOYER agree that there shall be no strikes, work stoppages, slow-downs, sitdown, stay-in, or other concerted interference with the EMPLOYER's business or affairs by any of said UNIONs and/or the members thereof, and there shall be no bannering during the existence of this AGREEMENT. - 23 - ��-�� ARTICLE 18 - TERMS OF AGREEMENT 18.1 Except as herein provided, this AGREEMENT shall be effective as of the date it is executed by the parties and shall continue in full force and effect thru January 31, 1998, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify this AGREEMENT shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations A.ct of 1971 as amended. 18.2 This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator but is subject to the approval of the Administration of the City, the City Council and is also subject to ratification by the UNION. Agreed and attested to as the full and complete understanding of the parties. WITNESSES: INTERNATIONAL ASSOCIATION OF THEATRICAL STAGE EMPLOYEES, CITY OF SAINT PAUL LOCAL NO. 20 / r Mary . Kearney David Colby City Labor Negotiator Business Representative l�--�{-� ��L�/�� date c�ate - 24 - APPENDIX A ��'�, � � � WAGES The rates of pay applicable to the titles covered by this AGREEMENT shall be as shown below: Effective Effective 1-20-96 2-01-97 Grips per hour: $14.88 $15.18 a performance: $55.52 $56.63 Fly Person per hour: $16.48 $16.81 � a performance: $61.76 $63.00 Lamp Operator per hour: $16.48 $16.81 a performance: $61.76 $63.00 Property Person per hour: $16.48 $16.81 a perforrnance: $61.76 $63.00 Stage Carpenter per hour: $16.48 $16.81 a performance: $61.76 $63.00 Stage Electrician per hour: $16.48 $16.81 a performance: $61.76 $63.00 Rigger per hour: $29.75 $30.35 a performance: $61.76 $63.00 Truck Loader/Unloader per truck: $40.10 $40.90 (24 feet or less in length) Truck Loader/Unloader per truck: $52.12 $53.16 (trucks exceeding 24 feet) The rates for the titles of Grip, Fly Person, Lamp Operator, Property Person, Rigger, Stage Carpenter, Stage Electrician, and Truck Loader/Unloader represent a two percent (2%) increase over the 03/18/95 rates for these titles. These rates will be retroactive for hours worked since 02/O1/96. - Al - APPENDIX A (continued) Effective Effective O 1-20-96 02-01-97 Assistant Stage Technician per hour: $16.42 $16.75 Stage Technician Bi-weekly lst 6 mos.: $1427.47 $1456.02 after 6 mos.: $1467.28 $1496.63 The rates for Stage Technician and Assistant Stage Technician represent a two percent (2%) increase over the 03/18/95 rates for these titles. These rates will be retroactive to O1/20/96. - A2 - .� rt. 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'.- . . .-. . _�.. . � - _ l ^ ' ,�a � , , . .. .. � . _. . � -� �--_ ,.... , , s� ,s , q� ��5'75 INDEX ARTICLE TITLE PAGE Principles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii 1 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Payroll Deductions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Management Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Discipline Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 9 Employee Rights-Grievance Procedure . . . . . . . . . . . . . . . . . . . . 11 10 Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 11 Vacations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 12 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 13 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 14 Wages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 15 Savings Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 16 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 17 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . 23 18 Terms of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Appendix A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Al i � � a� �5�5 PRINCIPLES This AGREEMENT is entered into to facilitate the adjustment of grievances and disputes between the EMPLOYER and Employees to provide, insofar as possible, for the continuous employment of labor and to establish necessary procedures for the amicable adjustment of all disputes which may arise between the EMPLOYER and the UNION. The EMPLOYER and the UNION encourage the highest possible degree of practical, friendly, cooperative relationships between their respective representatives at all levels. The officials of the EMPLOYER and the UNION realize that this goal depends primarily on cooperative attitudes between people in their respective organizations and at all levels of responsibility, and that proper attitudes must be based on full understanding of and regard for the respective rights and responsibilities of both the EMPLOYER and the Employees. There shall be no discrimination against any Employee by reason of race, color, creed, sex, disability or UNION membership. The EMPLOYER and the UNION affirm their joint opposition to any discriminatory practices in connection with employment, promotion, or training, remembering that the public interest remains in full utilization of Employees skill and ability without regard to consideration of race, color, creed, national origin, age or sex. ii q� - i5� � ARTICLE 1 - RECOGNITION 1.1 The EMPLOYER recognizes the UNION as the sole and exclusive collective bargaining agent for all Employees that have been certified by the State of Minnesota, Case No. 82-PR-597-A, as follows: All employees of the Saint Paul Civic Center Authority, Saint Paul, Minnesota, in the classifications of Assistant Stage Technician, Grip, Fly Person, Lamp Operator, Property Person, Rigger, Stage Carpenter, Stage Technician, and Stage Electrician, Truck Loader/Unloader whose employment service exceeds the lesser of 14 hours per week or 35 percent of the normal work week and more than 67 work days per year, excluding supervisory and confidential employees. 1.2 The EMPLOYER agrees not to enter into any contractually binding agreements with any Employee or representative not authorized to act on behalf of the UNION. There shall be no individual agreements with any Employees that conflict with the terms of this AGREEMENT, and any such agreement or contract shall be null and void. - 1 - ARTICLE 2 - iJNION RIGHTS � 2.1 The UNION may designate employees from within the bargaining unit to act as Stewards and shall inform the EMPLOYER in writing of such designations. Such Employees shall have the rights and responsibilities as designated in ARTICLE 9 (GRIEVANCE PROCEDURE). There shall be no more than one Steward involved in any one specific grievance. 2.1.1 The Steward shall have the right to meet with the EMPLOYER designated representative with concerns regarding issues of safety and/or asserted contractual or legal problems. This ARTICLE does not change the labor relations principle whereby labor performs work as assigned, and grieves contractual violations after-the-fact. 2.2 There shall be no deduction of pay from Stewards when directly involved in meetings with management during working hours for grievance procedures. 2.3 Designated UNION Representatives shall be permitted to visit Employees on job sites and at department buildings during working time. - 2 - q(o � 1 ��75 ARTICLE 3 - PAYROLL DEDUCTIONS 3.1 The EMPLOYER shall, upon request of any regularly appointed Employee in the unit, deduct such sum as the UNION may specify for the purpose of initiation fees and dues to the UNION, providing the UNION uses its best efforts to assess such deductions in as nearly uniform and standard amounts as is possible. The EMPLOYER shall remit monthly such deduction to the appropriate designated UNION. 3.2 In accordance with M.S.A. 179A.06, Subd. 3, the EMPLOYER agrees that upon notification by the UNION, the EMPLOYER shall deduct a fair share fee from all regularly appointed Employees who are not members of the exclusive representative. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. 3.3 The UNION will indemnify, defend and hold harmless the EMPLOYER against any claims made and against any suits instituted against the EMPLOYER, its officers or employees, by reason of negligence of the UNION in requesting or receiving deductions under this ARTICLE. The EMPLOYER will indemnify, deferid and hold harmless the UNION against any claims made and against any suits instituted against the UNION, its officers or employees by reason of negligence on the part of the EMPLOYER in making or forwarding deductions under this ARTICLE. - 3 - ARTICLE 4 - MANAGEMENT RIGHTS 4.1 The UNION recognizes the right of the EMPLOYER to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the EMPLOYER has not officially abridged, delegated, or modified by this AGREEMENT are retained by the EMPLOYER. 4.2 A public EMPLOYER is not required to meet and negotiate on matters of inherent managerial policy, which include but are not limited to, such areas of discretion of policy as the functions and programs of the EMPLOYER, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. - 4 - ��- I5� 5 ARTICLE 5 - SAFETY 5.1 Accident and injury free operations shall be the goal of all EMPLOYERS and Employees. To this end the EMPLOYER and Employees will, to the best of their ability, abide by and live up to the requirements of the several State and Federal Safety Codes and Regulations. 5.2 To this end the EMPLOYER shall from time to time issue rules or notices to the Employees regarding on the job safety requirements. Any Employee violating such rules or notices shall be subject to disciplinary action. - 5 - ARTICLE 6 - DISCIPLINE PROCEDURES 6.1 The EMPLOYER will discipline Employees for just cause only. Discipline may be in any of the following forms: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge 6.2 Suspensions, reductions and discharges will be in written form. 6.3 A notice in writing of suspensions, reductions and discharges shall be sent to the Employee and the UNION within seventy-two (72) hours after such action is taken. 6.4 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period the Employee and/or UNION may request, and shall be entitled to, a meeting with the EMPLOYER representative who initiated the suspension with intent to discharge. During said five (5) day period, the EMPLOYER may affirm the suspension and discharge in accordance with Civil Service Rules, or may modify or withdraw same. 6.5 Grievances relating to this ARTICLE shall be processed in accordance with the grievance procedure under ARTICLE 9. 6.6 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than one-half hour before the beginning of such work day. 6.7 Failure to make such notification may be grounds for discipline. - 6 - ��-� 5�5 ARTICLE 7 - HOURS 7.1 When an employee is called to work he/she shall receive two hours of pay if not put to work. If he/she is called to work and commences work, he/she shall be guaranteed four hours of pay. These provisions, however, shall not be effective when work is unable to proceed because of adverse weather conditions; nor shall these provisions apply to any person whose regularly scheduled workday is less than four hours. 7.2 Hours worked in excess of 40 hours in a work week shall be compensated at the rate of one and one-half times the regular rate of pay. 7.3 Hours actually worked by employees in the titles listed above between 12:00 midnight and 8:00 a.m. shall be compensated at the rate of two times the regular hourly rate. 7.4 The performance rate shall apply for all performances lasting up to three (3) hours. If a performance exceeds three (3) hours, the time worked in excess of three (3) hours shall be compensated at a hourly rate of one-third ('/s) the performance rate. It is understood that all of the performance crew will report one-half(�/z) hour before the scheduled performance time. It is further understood that the one-half('/z) hour prior to the scheduled performance time shall not be included in the three (3) hour performance time and there shall be no additional compensation for such half hour. 7.5 The truck rate shall apply for all truck loading/unloading up to three (3) hours. If the loading/unloading of a truck exceeds three (3) hours, the time worked in excess of three (3) hours shall be compensated at a hourly rate of one-third ('/s) the truck rate. 7.6 All employees covered under this agreement shall have a non-paid meal period break of one (1) hour duration after they have been employed not less than three (3) hours, or no later than five (5) hours of continuous work. If a meal break is not granted, all time worked after the Sth hour and until a meal break is granted shall be paid at time and one-half of the regular rate of pay. 7.6.1 In the event employees receive a meal period penalty, the penalty wage rate shall be one-half increment above the prevailing rate of pay and shall remain at that rate until such personnel are given a one (1) hour meal break or are fed a hot adequate meal. - 7 - ARTICLE 7 - HOURS, (continued) � 7.6.2 The employer, in lieu of providing a full meal period break or in lieu of paying employees a meal period penalty, may provide an adequate meal for all employees and at least thirty (30) minutes to consume the meal. Employees shall receive continuous pay during the thirty (30) minute meal period. An adequate meal is defined as a full hot meal, except between the hours of 8:00 a.m. and 5:00 p.m., when a cold meal, such as sandwiches and/or deli tray shall be adequate. Fast food sandwiches are not acceptable. 7.6.3 A coffee break shall be granted between the second and third hour of a call, excluding a performance or rehearsal. - 8 - � qlo - 15`75 ARTICLE 8 - INSURANCE 8.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by the EMPLOYER shall be solely controlled by the contracts negotiated by the EMPLOYER and the benefit providers. The EMPLOYER will attempt to prevent any changes in the benefits offered by the benefit providers. However, the employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. 8.2 For each eligible employee covered by this AGREEMENT who is employed full-time and who selects employee insurance coverage, the EMPLOYER agrees to contribute the full cost of the single health insurance premium. Effective for the February, 1996 insurance premiums, for each full-time eligible employee who selects family coverage, the EMPLOYER will contribute the cost of such family coverage or $326.21 per month, whichever is less. This provision shall be retroactive to February, 1996 for insurance coverage. 8.2.1 Effective for the January, 1997 insurance premiums, for each full-time eligible employee who selects family coverage, the EMPLOYER will contribute the cost of such family coverage or $336.41 per month, whichever is less. 8.3 For the purpose of this ARTICLE 8, full-time employment is defined as appearing on the payroll at least 32 hours per week or at least 64 hours per pay period excluding overtime hours. 8.4 For each eligible employee, the EMPLOYER agrees to contribute the cost of$5,000 of life insurance coverage. 8.5 For full-time eligible employees who meet all the conditions in ARTICLE 8.6 below and who retire, the EMPLOYER will provide, for the life of the retiree, the full cost of the least expensive single health insurance coverage provided by the EMPLOYER at the time the employee retires. The City's contribution shall remain constant, except that such contribution level shall be refigured at the full cost of the least expensive premium offered by the Employer at the time the retiree reaches age 65, if such date is after the date of retirement. For such employees who retire and have not completed at least twenty (20) years of service with the City at the time of their retirement, the EMPLOYER will discontinue providing any health insurance contributions upon their retirement. 8.6 Eligible employees who retire must meet the following conditions at the time of retirement to be eligible for the City contributions to heaith insurance set forth in ARTICLE 8.5. - 9 - ARTICLE 8 - INSURANCE (continued) 8.6.1 Be receiving benefits from a public employee retiree act at the time of retirement. AND 8.6.2 Have severed his/her relationship with the City of Saint Paul under one of the early retiree plans. AND 8.6.3 Must have completed at least twenty (20) years of employment with the City of Saint Paul. Time worked with Independent School District 625 will not be counted toward the twenty (20) year requirement. AND 8.6.4 Were hired prior to January 1, 1998. 8.7 The contributions indicated in this ARTICLE 8 shall be paid to the EMPLOYER's Third Party Administrator. 8.8 Any cost of any premium for any City-offered Employee or family insurance coverage in excess of the dollar amounts stated in this ARTICLE 8 shall be paid by the Employee. 8.9 This ARTICLE 8 shall apply only to full-time regularly appointed employees. - 10 - � � q(� - l 5`15 ARTICLE 9 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 9.1 The EMPLOYER shall recognize stewards selected in accordance with UNION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the names of the stewards and of their successors when so named. 9.2 It is recognized and accepted by the EMPLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during working hours only when consistent with such Employee duties and responsibilities. The steward involved and a grieving Employee shall suffer no loss in pay when a grievance is processed during working hours, provided the steward and the Employee have notified and 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 EMPLOYER. 9.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. 9.4 Grievances 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 UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or with 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) calendar days after receiving the written grievance a designated EMPLOYER supervisor shall meet with the UNION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UNION within three (3) calendar days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER's written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMPLOYER's answer shall be considered waived. - 11 - ARTICLE 9 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (cont.) 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 reply in writing to the UNION stating the EMPLOYER's answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred to in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYER's answer shall be considered waived. Optional Mediation Step 1. If the grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendar days, request mediation. If the parties agree that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediation Services for the assignment of a mediator. Grievance mediation shall be completed within thirty (30) days of the assignment unless the parties mutually agree to lengthen the time limit. 2. Grievance mediation is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to arbitration shall be delayed for the period of inediation. 3. The grievance mediation process shall be informal. Rules of evidence shall not apply and no record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and argument to support their case. The mediator may meet with the parties in joint session or in separate caucuses. 4. At the request of both parties, the mediator may issue an oral recommendation for settlement. Either party may request that the mediator assess how an arbitrator might rule in this case. 5. The grievant shall be present at the grievance mediation proceeding. If the grievance is resolved, the grievant shall sign a statement agreeing to accept the outcome. Unless the parties agree otherwise, the outcome shall not be precedential. - 12 - q� - � 575 ARTICLE 9 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (cont.) 6. If the grievance is not resolved and is subsequently moved to arbitration, such proceeding shall be de novo. Nothing said or done by the parties or the mediator during grievance mediation, with respect to their positions concerning resolution or offers of settlement, may be used or referred to during arbitration. Step 4. If the grievance remains unresolved, the UNION may within seven (7) calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) day period, either party may request the Public Employment Relation Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall strike the first (1 st) name; the EMPLOYER shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 9.5 The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the applications of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION, and the Employees. 9.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, 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. 9.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. - 13 - ARTICLE 10 - SICK LEAVE . 10.1 Sick leave credits shall be earned, accrued and used in accordance with the Saint Paul Civil Service Rules. 10.2 This ARTICLE 10 applies only to full-time regularly appointed employees. - 14 - q� -15� 5 ARTICLE 11 - VACATION 11.1 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, excluding overtime. Years of Service Hours of Vacation lst year thru 4th year .0385 (10 days) Sth year thru 14th year .0654 (17 days) 15th year thru 24th year .0923 (24 days) 25th year and thereafter .1000 (26 days) 11.2 The Head of the Department may permit an Employee to carry over one hundred and twenty (120) hours of vacation into the following "vacation year." For the purpose of this ARTICLE the "vacation year" shall be the fiscal year (IRS payroll reporting year). 11.3 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I (one), Subsection H. 11.4 If an Employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he/she may convert any part of such excess at the rate of two (2) days of sick leave for one (1) day of vacation up to a maximum of five (5) days of vacation. No employee may convert more than ten (10) days of sick leave in each �scal year under this provision. Such conversion must be approved by the Department Head. 11.5 This ARTICLE 11 shall apply only to full-time regularly appointed employees covered by this AGREEMENT. - 15 - ARTICLE 12 - HOLIDAYS 12.1 The following twelve (12) days shall be designated as holidays: New Year's Day, January 1 Martin Luther King Day, third Monday in January Presidents' Day, third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day after Thanksgiving, fourth Friday in November Christmas Day, December 25 Two floating holidays Eligible Employees shall receive pay for each of the holidays listed above on which they perform no work. When New Year's Day, Independence Day or Christmas Day fall on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays fall on a Saturday, the preceding Friday shall be considered the designated holiday. 12.2 The floating holidays set forth in Section 12.1 above may be taken at any time during the fiscal year, subject to the approval of the Department Head of any Employee. 12.3 Eligibility Requirements In order to be eligible for a holiday with pay, an Employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood that no temporary nor other employees not heretofore eligible shall receive holiday pay. 12.4 The ten (10) holidays shall be considered non-work days. 12.5 If, in the judgment of the EMPLOYER, personnel are necessary for operating or emergency reasons, Employees may be scheduled or "called back" in accordance with ARTICLE 7.1 (Call-in-Pay). - 16 - ARTICLE 12 - HOLIDAYS (continued) `�� ^ � 5�5 12.6 Employees entitled to a holiday and who are required to work on Martin Luther King Day, Presidents' Day, Veterans' Day, or the Day after Thanksgiving shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department permits, or they shall be paid on a straight time basis for such hours worked, in addition to their regular holiday pay. If an Employee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day or Christmas Day, he/she 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/her regular holiday pay. Eligibility for Holiday pay shall be determined in accordance with Section I, Subsection I of the Saint Paul Salary Plan and Rate of Compensation. 12.7 This ARTICLE 12 shall apply only to full-time regularly appointed employees in accordance with the Civil Service Rules. 12.8 Notwithstanding 12.7 above, effective January 1, 1997, part-time temporary employees shall be paid one-half increment above the base rate for time worked on the four (4) days listed below. This rate shall apply to calls that begin and/or occur during the twenty-four hour period of the holiday (12:00 a.m. midnight to 12:00 a.m. midnight). New Year's Day, January 1 Independence Day, July 4 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 The one-half increment shall not be applied on any other overtime or penalty rate. - 17 - ARTICLE 13 - SEVERANCE PAY 13.1 The EMPLOYER shall provide a severance pay program as set forth in this ARTICLE. 13.2 To be eligible for the severance pay program, an Employee must meet the following requirements: 13.2.1 The Employee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement. Those Employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 13.2.2 The Employee must file with the Director of Human Resources a waiver of reemployment which will clearly indicate that by requesting severance pay, the Employee waives all claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 13.2.3 The Employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of his/her separation from service. 13.3 If an Employee requests severance pay and if the Employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the Employee on the date of separation for each day of accrued sick leave subject to a maximum as shown below based on the number of years of service in the City. Years of Service with City Maximum Severance Pay At Least 20 $4,000.00 21 $4,600.00 22 $5,200.00 23 $5,800.00 24 $6,400.00 25 $7,000.00 13.4 For the purpose of this severance program, a death of an Employee shall be considered as separation of employment, and if at the time of his or her death, the Employee would have met all of the requirements set forth above, payment of the severance pay shall be made to the Employee's estate or spouse. - 18 - q� - �5�5 ARTICLE 13 - SEVERANCE PAY (continued) 13.5 For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 13.6 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 13.7 This severance pay program shall be subject to and governed by the provisions of City Ordinance No. 11490, except in those cases where the specific provisions of this ARTICLE conflict with said ordinance and in such cases, the provisions of this ARTICLE shall control. - 19 - ARTICLE 14 - WAGES 14.1 The basic hourly wage rates as established by Appendix A shall be paid for all hours worked by temporary, provisional, probationary and regular employees. - 20 - ARTICLE 15 - SAVINGS CLAUSE q� l5`75 15.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Saint Paul. In the event any provision of this AGREEMENT is held 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 - ARTICLE 16 - JLTRISDICTION 16.1 Disputes concerning work jurisdiction between and among UNIONS are recognized as appropriate subjects for determination by the various UNIONS representing Employees of the EMPLOYER. 16.2 In the event of a dispute concerning the performance or assignment of work, the UNIONs involved and the EMPLOYER shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the EMPLOYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the EMPLOYER's basic right to assign work. 16.3 Any Employee refusing to perform work assigned by the EMPLOYER shall be subject to disciplinary action as provided in ARTICLE 6 (DISCIPLINARY PROCEDURES). 16.4 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. 16.5 The subcontracting of work done by the Employees covered by this AGREEMENT shall in all cases be made only to EMPLOYERS who qualify in accordance with Ordinance No. 14013. - 22 - a� r �� ARTICLE 17 - STRIKES, LOCKOUTS, WORK INTERFERENCE 17.1 The UNION and the EMPLOYER agree that there shall be no strikes, work stoppages, slow-downs, sitdown, stay-in, or other concerted interference with the EMPLOYER's business or affairs by any of said UNIONs and/or the members thereof, and there shall be no bannering during the existence of this AGREEMENT. - 23 - � - . q�, - � �� 5 ARTICLE 18 - TERMS OF AGREEMENT 18.1 Except as herein provided, this AGREEMENT shall be effective as of the date it is executed by the parties and shall continue in full force and effect thru January 31, 1998, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify this AGREEMENT shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971 as amended. 18.2 This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator but is subject to the approval of the Administration of the City, the City Council and is also subject to ratification by the UNION. Agreed and attested to as the full and complete understanding of the parties. WITNESSES: INTERNATIONAL ASSOCIATION OF THEATRICAL STAGE EMPLOYEES, CITY OF SAINT PAUL LOCAL NO. 20 � /�.-�--� � Mary . Kearney v David Colby City Labor Negotiator Business Representative /�-� -� ��/�/�� date date - 24 - APPENDIX A ��O ' 15�5 WAGES The rates of pay applicable to the titles covered by this AGREEMENT shall be as shown below: Effective Effective 1-20-96 2-O l-97 Grips per hour: $14.88 $15.18 a performance: $55.52 $56.63 Fly Person per hour: $16.48 $16.81 a performance: $61.76 $63.00 Lamp Operator per hour: $16.48 $16.81 a performance: $61.76 $63.00 Property Person per hour: $16.48 $16.81 a performance: $61.76 $63.00 Stage Carpenter per hour: $16.48 $16.81 a performance: $61.76 $63.00 Stage Electrician per hour: $16.48 $16.81 a performance: $61.76 $63.00 Rigger per hour: $29.75 $30.35 a performance: $61.76 $63.00 Truck Loader/Unloader per truck: $40.10 $40.90 (24 feet or less in length) Truck Loader/Unloader per truck: $52.12 $53.16 (trucks exceeding 24 feet) The rates for the titles of Grip, Fly Person, Lamp Operator, Property Person, Rigger, Stage Carpenter, Stage Electrician, and Truck Loader/Unloader represent a two percent (2%) increase over the 03/18/95 rates for these titles. These rates will be retroactive for hours worked since 02/O1/96. - A1 - APPENDIX A (continued) Effective Effective 01-20-96 02-01-97 Assistant Stage Technician per hour: $16.42 $16.75 Stage Technician Bi-weekly 1 st 6 mos.: $1427.47 $1456.02 after 6 mos.: $1467.28 $1496.63 The rates for Stage Technician and Assistant Stage Technician represent a two percent (2%) increase over the 03/18/95 rates for these titles. These rates will be retroactive to Ol/20/96. - A2 -