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96-1356 � �a — ; _- , - � � Council File# gL— /.3s6 , f- �, . � Green Sheet#35789 S LUTION O S IN AU INN T �7 Presented by 1 Referred To Committee Date 1 RESOLVED, that the Council of the City of Saint Paul hereby approves Amendment No. 1 to the 2 1994-1996 Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul Professional 3 Employees Association, as settlement of a grievance filed on behalf of Johannes Huyen and hereby 4 authorizes the proper city officials to execute said amendment on behalf of the City. Yeas Na s Absent Blakey � Requested by Department of: Office of Labor Relations Bostrom i/ / Guerin � gy. _`�.�-� L. Hanis ✓ Megard ✓ Form Approved by City Attorney Rettman � Thune � . o +���� 1 By� � r Adopted by Council: Date �� , '3� \C�c�C„ Approved by Mayar for Submission to Council -� T B . � .6���L�la"�(�/ A��pt��n Certifiel yy C�uncil Secretary y By: a- , Approved by Mayor: Date �� B : G� �'� � u�ti� Y . - ��o����D DEPARTMENT/OFFICElCOUNCIL: DATE INITIATED GREEN SHEET NO.' 35789 LABOR RELATIONS October 7, 1996 ' CONTACT PERSON&PHONE: � INITIAL/DATE INITIAL/DATE MARY H. KEARNEY 266-6495 ASSIGN � EPARTMENT DIR. ro '1 � 4 CITY COUNCIL NUMBER �ITY ATTORNEY J lil ta � �q� CITY CLERI: MUST BE ON COUNCIL AGENDA BY(DATE) FOR UDGET DIR. FIN.&MGT.SERVICE DIR. ROUTING �vIAYOR(OR ASST.) ��j'q(P ORDER TOTAL#OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) AcrioN REQuESTEn: Approval of a resolution amending the Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul Professional Employees Association to settle the grievance of Johannes Huyen against the City of Saint Paul. RECOMMENDATIONS:Approve(A)or Reject(R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _PLANNING COMMISSION _CIVIL SERVICE COMMISSION 1. Has this person/firm ever worked under a contract for this department? CIB COMMI7TEE Yes No STAFF 2. Has this person/firm ever been a city empioyee? DISTRICT COURT Yes No SUPPORTS WH1CH COLJNCIL OBJECTIVE? 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain aIl yes answers on separate sheet and attach to green sheet INITIATING PROBLEM,lSSUE,OPPORTUNITY(Who,What,When,Where,Why): See Attached. RECEIV�� ADVANTAGES IF APPROVED: OC T �O � See Attached. C�TY ATTO�NEY DISADVANTAGES IF APPROVED: See Attached. DISADVANTAGES IF NOT APPROVED: No settlement of grievance,possible azbitration and increased financial exposure. TOTAL AMOUNT OF TRANSAC7'ION: $23,137.53 plus retiree health insurance COST/REVENUE BUDGETED: Monies budgeted in 1996. F[JNDING SOURCE: Human Rights budget ACTIVITY NUMBER: OO152 FINANCIAL INFORMATION:(EXPLAIN) . � NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET 1NSTRUCTIONAL MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.266-8900). ROUTING ORDER: Below are correct routings for the six most&equent types of documents: CONTRACTS(assumes authorized budget exists) COIJNCIL RESOLUTION(Amend Budgets/Accept.Grants) 1. Outside Agency l. Deparhnent Director 2. Department Director 2. Budget Director 3. City Auomey 3. City Attomey • 4. Mayor(for contracts over S 15,000) 4. MayodAssistant 5. Human Rights(for contracts over$50,000) S. City Council 6. Finance and Management Services Director 6. Chief Accountant,Finance and Management Services 7. Finance Accounting ADMINISTRATIVE ORDERS(Budget Revision) COIJNCIL RESOLUTION(all others,and Ordinances) 1. Activity Manager 1. Department Director 2. Department Accountant 2. City Attorney 3. Department DirecWr 3. Mayor lAssistant 4. Budget Director 4. City Council 5. City Clerk 6. Ctuef Accountant,Finance and Management Services ADMIIVISTRATIVE ORDERS(all others) ORDINANCFJRESOLUTION(amending the Civil Service Rules or the Charter establishing an unclassified position) 1. Department Director 2. City Attorney 1. Department Director 5. City Council 3. Finance and Management Services Director 2. City Attomey 6. Civil Service Commission 4. City Clerk 3. Budget Director 7. City Clerk 4. Mayor(or Assistant) -TOTAL NUMBER OF SIGNATURE PAGES Indicate the#of pages on which signatures are required and paperclip or flag each of these pages. ACTION REQUESTED Uescribe what the project/request seeks to accomplish in either chronological order or order of importac►ce,whichever is most appropriate for the issue. Da not�tite complete sentences. Begin each item in your list with a verb. RECOIvfl�tENDATIONS Complete if the issue in question has been presented before anybody,public or private. SUPPORTS VI�IICH COUNCII,OBJECTNE? Indicate which councii objective(s)your project/request supports by listing the key word(s)(HOUSING,RECREATION, NEIGHBORHOODS,ECONOMIC DEVELOPIviENT,BUDGET,SEWER SEPARATIOl�. (SEE COMPLETE LIST IN IIVSTRUCT'IONAL MANUAL.) PERSONAL SERVICE CONTRACTS: This information will be used to determine ihe city's lia�ility for workers compensation claims,taxes and proper civil service hiring rules. II�IITIATING PROBLEM,ISSUE,OPPORTUNITY Explain the situation or conditions that created a need for your project or reques�t. ADVANfAGES ff APPROVED � Indicate whether this is simply an annual budget procedure required by law/charter or whether there are specific'ways in which the City of Saint Paui and its citizens will benefit from this project/action. DISADVANTAGES ff APPROVED What negative effects or major changes to existing or past processes might this project/request produce if it is passed(e.g.,traffic delays,noise, tax increases or assessmenu)? To Whom? When? For how long? DISADVANTAGES IF NOT APPROVED What will be the negative consequences if the promised action is not approved? Inability to deliver service? Continued high traff q noise, accident rate? Loss of revenue? FINANCIAL IMPACT Although you must tailor the information you provide here to the issue you are addressing,in general you must answ�two questions: How much is it going to cost? Who is going to pay? ��e-\��� GREEN SHEET BACRGROUND REGARDING GRIEVANCE AND PROPOSED MEDIATION SETTLEMENT FACTS This grievance concerns issues raised as a result of a reduction in force in the Office of Human Rights (hereafter "Human Rights" ) due to 1996 budget cuts . The Investigations Unit in Human Rigts was cut and all personnel were laid off or transferred. Effective December 29, 1995, Grievant Johannes Huyen and another employee in Human Rights were to be laid off. Both employees were offered an opportunity to take voluntary reductions in title instead of separation from City employment . This offer was made by letter dated December 15, 1995 . Mr. Huyen' s letter was sent on December 15, 1995 by certified mail . The other employee was handed the letter by Human Rights Director Josephier Brown. The deadline to accept a voluntary reduction was December 18 , 1995 . Mr. Huyen did not receive the letter nor did he respond until December 20 , 1995 . His request for voluntary reduction was denied because he had missed the December 18th deadline . The other employee was voluntarily reduced to a newly funded investigators position entitled Human Rights Specialist . She was placed at the ten-year pay step and also put on a one year probation. There is a dispute as to whether or not this employee was in fact put on a one year probation. Neither Mr. Huyen nor the other employee had ever held the position of Human Rights Specialist prior to this layoff . Human Rights received additional money from the EEOC which resulted in another open Human Rights Specialist position. Mr. Huyen was offered this new position, but at entry level pay with a one year probation. Human Rights informed Mr. Huyen that it did not have enough money to place him at a higher level . There is a significant difference in salary between the entry level step and the ten year step. Mr. Huyen declined the position stating that his seniority and experience deserved to be recognized and that he should be treated the same as the other employee who had agreed to a voluntary reduction and was placed at the ten year step. In February of 1996, another position became vacant as a result of two employees entering into a job sharing arrangement . Human Resources posted and tested for this vacant position of Human Rights Specialist . Director Brown hired one employee off the eligible list in March, 1996, however this employee quit, so he hired a different person to fill the position in May. Mr. Huyen was not offered employment on either of these two occasions . MEDIATION This grievance was brought to mediation in June of 1996 . The Director of Labor Relations represented the City. Through mediation, this settlement offer was made, subject to Council ������ approval . Its terms must be incorporated into an amendment to the 1994-1996 Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul Professional Employees Association (PEA) . There are salary monies included in the 1996 budget of the Office of Human Rights to pay this settlement . ISSUE Whether J. Huyen should have been offered a voluntary reduction in the same manner as the other employee who was laid off at the same time h•� was? PEA' S POSITION PEA feels that because Huyen held a former title longer than the other employee that he, as "most senior" should have been offered voluntary reduction and reinstatement before her. Huyen has 21 years of continuous service with the City of Saint Paul . The other employee has a total of 23 years with the City but had a one year break in service back in 1978 . Both have previously held similar positions in Human Rights . Mr. Huyen would have accepted the Human Rights Specialist position that was offered to him but only if he was placed at the same salary step as the other employee and was not subject to a probation period. He wants to be treated the same as the other employee both in pay and probationary period. This proposed settlement will result in Mr. Huyen' s retirement from employment with the City. CITY'S POSITION If not settled, this grievance will go to arbitration. The Director of Labor Relations believes there is a likelihood of PEA prevailing on the merits. If the City loses, its liability may extend beyond what' s been offered in this settlement proposal . The grievant may be entitled to full back pay for the entire time he has been laid off and an offer of continued employment with the City of Saint Paul . � � �b�3�� Amendment No. 1 to the 1994-1996 Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul Professional Employees Association representing Johannes Huyen The following is an amendment (hereafter "Amendment" ) to the Collective Bargaining Agreement (hereafter "Agreement") between the City of Saint Paul (hereafter "City" ) and the Saint Paul Professional Employees Association (hereafter "PEA") representing employee Johannes Huyen in his grievance regarding his layoff . The terms are as follows : l . Mr. Huyen receives back pay for the title of Human Rights Specialist at the 10 year Step tbi-weekly amount $1, 779 . 81) ; the back pay will cover December 23, 1995, through June 8, 1996, and the amount will be $23, 137.53 . PERA will not be deducted from the amount of back pay, nor will the City make a contribution to PER.A on Mr. Huyen' s behalf for the period covering December 23 , 1995, through June 8, 1996 . This issue of no PERA deduction and no City contribution has been reviewed and agreed to by PERA. 2 . Mr. Huyen retires from the City of Saint Paul effective June 8, 1996 . 3 . The Ci�y agrees to provide those retiree health and life insurance benefits the City is obligated to provide, under the terms of the 1994-1996 Agreement that was in effect on June 8, 1996 . This provision will be effective the first day of the month following the date the City Council approves this Amendment. The relevant portions of Article 14 . 9 of the Agreement that apply are as follows : "Until such employees reach sixty-five (65) years of age, the Employer agrees to contribute a maximum of $350 . 00 per month toward the cost of single or family health insurance coverage. Any unused portion shall not be paid to the retiree. " The relevant portions of Article 14 . 11 of the Agreement that apply are as follows : "The employer will contribute the cost for $5, 000 iife insurance coverage until the retiree attains the age of sixty-five (65) . " "When such early retiree attains age sixty- five (65) , the Employer agrees to contribute up to a maximum of $500 . 00 per month toward 1 � ���\3�� the cost of single or family health insurance coverage. Any unused portion shall not be paid to the retiree. No life insurance coverage will be provided. " 4 . Mr. Huyen waives his right to survivor benefits for retiree health insurance as provided under Article 14 . 24-''of the Agreement . Upon Mr. Huyen' s death the Employer contribution for retiree health insurance will be discontinued. 5 . Mr. Huyen agrees to waive his reinstatement rights resulting from his layoff with the City. 6 . Prior to any payment pursuant to the terms of this Amendment, Mr. Huyen will agree to release and waive any and all rights he may have against the City of Saint Paul as a result of his employment and separation from the City. Payment will be made at the end of the fifteen (15) day recission period provided for in that waiver. 7. The parties agree that this Amendment acts only as an Amendment to the Agreement as it relates to the above- referenced issues. In all other respects, the Agreement shall remain in full force and effect. CITY OF SAINT PAUL SAINT PAUL PROFESSIONAL EMPLOYEES ASSOCIATION � Mary H. Kearney Mike Wilde Director of Labor Relations Business Representative Ap oved a to form: �� �j�6 Johr_ B. McCormick Johanne� Huyen Deputy City Attorney , 2