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269018 WH17E - CI TV CLERK 1 � PINK - FINANCE COUI1C11 (��j Q . BC�ERV=MAVORTMENT GITY OF SAINT PAUL File NO. •" �� V 0rdin�nce Ordinance N O. �c�,�� t Presented By Referred To Committee: Date Out of Committee By Date An administrative ordinance approving the terms and conditions of the 1977 Labor Agreement betwean the City of Saint Paul, Independent School District No. 625, and the International Union of Operating Engineers, Locals 36 and 967. WHEREAS, The Council pursuant to the provisions of Section 12. 09 of the Saint Paul City Charter and the Public Employment Labor Relations Act of 1971, as amended, recognizes the International Union of Operating Engineers Locals 36 and 967 as the exclusive representatives for those classes of positions within the City of Saint Paul certi.fied by tlie Bureau of Mediation 5ervices in Case No. 73-PR-449-A for the purpose of ineeting and negotiating the terms and conditions of employment for all full-time personnel in said classes of positions as set forth in ar� Agreement between the City, Independent School District No. 625, and the exclusive representa.- tives hereinabove referenced; and WHEREAS, The City through designated representati�es and the exclu- sive representatives have met in good faith and negotiated the terms and conditions of employment for the calendar year of 1977 for such personnel as are set forth in the Labor Agreement between the City, Independent School District No. 625, and the exclusiv� representatives; now, therefore THE COUNCIL OF THE CITY OF SAINT PAUL DOES OR.DAIN: Section 1. That the Labor Agreement dated as of the effective date of this ordinance between the City of 5aint Paul, Independent School District No. 625, and the International Union of Operating Engineers Locals 36 and 967, on file i.n the office of the City Clerk, is hereby approved, and the authorized administrative officials of the City are hereby authorized and directed to execute said Labor Agreement on behalf of the City. _ 1 _ COUNCILMEN Requested by Department of: Yeas Nays Butler Hozza In Favor Hunt Levine Against BY Roedler Sylvester "� Tedesco Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved by Mayor for Submission to Council By By WHITE — GTV CLERK � 1 ��.� PINK — FINANCE COl1tlC11 CA,�ARV — DEPARTMENT GITY OF SAINT PAZTL � � BLt�E —idqVOR � File N . 0 rdin�nce Ordinance N 0. I lt?c� Presented By Referred To Committee: Date Out of Committee By Date Section 2. That all of the terms and conditions set forth in said Labor Agreement sha].l. take force and effect upon the effective date of this ordinance, except as otherwise provided in said Agreement. The wage schedule contained in said Agreement shall take force and effect retroactively to January 1, 1977, in accordance with the expressed i.ntent and agreement of the Council contained in Council Fi.le No. 268207. Section 3. That any other ordinance, rule or regulation i.n force when said Agreement takes effect, inconsistent with any provision of the terms and conditions of said Agreement, is hereby repealed. Section 4. That this ordinance shall take effect and be in force thirty (30) days after its passage, approval and publication. Approved: � Chai rman Civil Service Co ' sion _ 2 _ COUIVCILMEN Requested by Department of: Yeas Nays Butler PER NNEL OFFIC Hozza In Favor Hunt Levine � Against BY Roedler f'f Sylvester Tedesco 6 1g� � Adopted by Co i : ate MAY 2' Form pproved by 't � rney G Certifi ass ouncil �y BY . Approve ayor. Date ✓ AY 31 19T7 Approv by Mayor for Subm' sion o Council By B �UBLISHED ,U N � �977 _ � �� ;� , �--� � `_'_! , � _�,:' �.,C x.x�c..r �. �=�+, : " I �� .N� ��q�-�� 1977 LA.BOR AGREEMEiaT - between - ' Tf� CITY OF SAINT PAUL, INDEPENDENT SCHOOL DZSTRICT 625 - and - INTERI�ATIONAL UPTION OF OPERATING ENGINEERS LoCAL 36 A1�ID LOCAI, 967 � � x i p � -- _ _ _ _ i , ' I A D E X ARTICLE TITLE PAGE Preamble iii I Recognition 1 II Definitions 2 III Dues - Fairshare 3 N Union Rights 1� V Seniority 6 VI Man�gement Rights 7 VII Hours, Premium Pay $ VIIZ I,eaves of Absence 10 IX Military Leave of Absence 11 X Jury Duty 13 XI Severance Pay �t� XII Mileage 15 XIII Mileage-Independent School District Ro. 625 16 XN Discipline 17 XV Insurance 18 XVI Holidays 19 XVII Vacation 21 XVIII Grievance Procedure 22 XIX Residency 26 XX Wage Schedule 27 XXI Terms of Agreement 2$ Appendix A - Wages � - ii - `� . . • z � s� THIS AGREEA�NT, BY AND BEZWEE�' THs, G?;`l t�i�' a!�ZNT FAUL AND INDEFENDENT ;� SCHOOL DISTRICT 625 E2+�'LOYERS AIV� IA�r,L UPdIgN ht�. �.h AND N0. 967, I2iTER- NATIONAL UhTION OF OPERATING ENGII�.ERi, Ei.�L-CIO. This AGREEMENT has been entered into betweer the City of Saint Paul .� and I�tdependent School District �25, hereafter referred to as the EI�LOYER, and Local Unions Mo. 36 and 967, International Union of Operating Engineers, AFL-CIO, hereafter referred to as the U1�iI0N. This AGREEI�NT has as its � � purposes, the promotion of harmonious relations between the EMpIAyER and the ti� LTNION, the establishment of an equitable and peaceful rocedure for the � p � resolution of differences and the establishment of rates of pay, benefits, ,� {� hours of work, and other conditions of e�ployment. The parties hereto pled.ge i � that the shall : y pursue the above objectives in full compliance with the ; � requirements of the Pyxblic griployment Labor Relations Act of the State of :___ _ Minnesota of 1971, as amended. � i f � i �:: � - iii - t%. �TZC� z - �r,acrnxzoN 1.1 The EMFLO`LR recognizes the U1�TION as the sole and exclusive bargainir.g agent for the purposes of establishing wa�es, benefits, hours and other condition� of employment for all of its employees as outlined in the certification by the State of NLinnesota, Bureau of Mediation Services, dated April 23, 1973, in Case No. 73-PR-�+49-A, and as set forth below: All. re�;ular, probationary, and provisional engineering anc? building maintenance personnel who are employed by the City of St. Paul or who have their "terms and con- c3itions of employment" established by the governing body of the City oP St. paul, and who work more than 1� hours per week and more than 100 work days per year in the following classifications: Assistant Superin- tendent of Stadium, Chief Operating Engineer--Civic Center, Civic Center For�man, Civic Center Plsnt Helper, Custodian, Custodian-Engineer I, Custodian-Engineer II, Custodian-Engineer III, Custodiau-Engineer IV, Custodian- Engineer V, Custodian Engineer, House Custodian II, Filter Plant• Operator I,Filter Plant Operator II, Custodian(Light Duty), General Matron, Lime Recover,y Oi:erator, Maintenance Man, Operating Engineer I, Operating �gineer II, Pt�ping Engineer I, Pumping Engineer II, Pumping Engineer III, Sewer Pumping Station Operator, Stadiwn Supervisor, Stationary Engineer, Stationary Fireman, Supervising Stationary Engineer, Watchman I, Watchman II, Watchman, Water Plant Aide; excluding supervisory, managerial, clerical, confidential, temporary and emergency emplayees, those exclusively represented by other labor or employee organizations, and all other employees. 1.2 The parties agree that any new classificatians which are an expansion of the above bargaining unit or which derive from the classifications set forth in this AGREEMEAIT shall be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Public Employment Relations Act to accomplish said objective. - 1 - � ' ' . � . < f�,�� ARTICLE II - BEFII6ITIONS , � ;i; ;� �2.1 Collective Bargaining. The F•h¢LOYER wi11 b�rgain collectively with � the UDTION with respect to rates of' pay, hr.urs and other conditions pertaining to employment for all of th� employees in the unit herein- before set forth. 2.2 Maintenance of Standards. The E�'LOYER agrees that all conditions of employment relating to wsges, hours of work, overtime differentials, vacations, and ger.erel working condi.tions snall be maintained at not less than the highest minimum standard as set forth in the Personnel Rules of the City of Saint Paul, (Ordinance No. 3250 and Ordinance No. 6446) at the time of' the signing of this AGREEMENT, and the con- ditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this AGRF:EN�IT. 2.3 Discrimination. The EMPLOYER will not interfere With, restrain or coerce the employees covered by this AGREEMENT because of inembership in �� . ar activity on beha�f of the UNI.ON. The EMPLOYER will not discriminate in respect to hire, tenure of employment or any term or condition of � employment against any employee covered by this AGREEMENT because of . membership in or activity on behalf of the UI�IION, nor will it discourage _�_. or attemgt to discourage membership in the LTNION, or attempt to encourage ; membership in another iT1�1I0N. i � � - 2 - ARTICLE III - DUES - FAIRSIiARE 3•1 Dues• T'ne EI+SI'IAYER agrees to dedu�t the UNION r�embership initiation fee assessments and once each month dues from the pay to those employees who individually request in writin� that such deductions be made. The aa;ounts to be deducted shall be certified ta the EMPLOYER by a represent- atfve of tr.e iJNION and the aggregate deductions of all emgloyees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 3.2 Fairshare. Any present or flrture employee who is not a UI�iION member shall be required to contribute a fair share fee for services rendered by the UIVION. Upon notification by the UNTON, the EMPLOyER shall check off said fee from the e�rnings of the es�ployee and transmit the same to the UNION. 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 ne�otiations and administration of grievance procedures. This provision shall remain operative only so long ss specifically provided by Minnesota law, and as otherwise legal. 3•3 The iJIVION wi11 indemnify, defend and hold the EMPLpYER harmless against any claims made and against any suits instituted against the City, its __ . officers or employees, by reason of negligence of the U1vI0N in requesting or receivir.g deductions under this Article. The City �ill indemnify, defend and hold the U1�TION harmless against any claims made and against any suits instituted against the iJ1vI0N, its officers or employees by reason of negligence on the part of the EMpI,pyER in making or forwarding deductions under this Article. - 3 - � . ARTICLE IV - U1VIOIQ RIGHTS ��('�� 4� ; i� l�.1 The UNION may designate employees wzthin th� bArgaining unit ta serve �: as Union Stewards and shall be reauired t�e administer this AGREEMENT. 4.2 The [TrIION shall furnish the EN�'LGYEP. and appropriate Department Heads and Labor Relations Directar with a list �f Stewards and alternates, and, shall, as soon as possible, notify said appropria te City officials in writing of any changes thereto. Qnly those who are Officers and Stewards shall be recognized by the EMPIAYER for the purpose of ineetings. F[ Y 4.3 There shall be no deduction from the pay of a Steward when directly :', involved in meetings with management relating to the administration of �; -. this AGREEMENT during working hours. ' 4.4 Designated Union Representatives shall be permitted to visit employees �+ on job sites and at department buildings during working hours for the E�� .. � purpose of the administration of this contract. 4.5 Shop Steward. One shop steward from each department will be allowed to iaccompany an employee's authorized representative during regular working t �, hours for the gurpose of wage, salary, or fringe benefit discussions or other problems of their partieular concern involving employees of the --,- - City of St. Psul and Independent School Distract No. 625 under the following conditions: 4.51 That only one employee from any ane department be allowed to leave his work. 4.52 That the steward be expected to attend these meeti.ngs on his own time when they are held outside of his regular working hours. `�` ; �+.53 T1iat adequate notice is given to the departmer_t heads so that .� permission may be obtained. ;,r�:i �� - 4 - . � ARTICLE IV - UP�`ZON RIGHTS (CONTINUED) i.*��`��.��j i{.54 Th�t tr�e steward has officially been desi�nated as such by the LI?;IOP� that he represents. �+.55 Union Conventions. Ih:ly elected UNION delegates shall be gra:�ted time off without pay for one week to attend such conver?tion. Vacation or compensatory time may be used for this purpose. The UI�IZON shall give at least ten working days advance notice of the employees who will be participating in such conventions. - 5 - ARTICLE V - S�NIpRITY 5.1 Seniority, for. the purpose of this AGREEi�h'T, shall be defined as follows: The len�;;:h, of continuous, regu.lar and probationary service with the EI+�I�YER from the datP an employee was first certified and appointed to a class title ^overed b5- this AGREEMENT, it being further understood that seniority is confined to tY�e current class assignment held by an employee. In cases where two or more emplayees are appointed to the same class title on the same date, the seniority shall be determined by the employee`s rank on the eligible list from which certification was made. 5.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 5.3 In the event it is determined by the II�II'LpyER that it is necessary to reduce the work force, employees will be laid off by class title within eactz department based on inverse length of seniority as defined above. 5.�+ In cases where there are pramotional series, such as Custodian Engineer I, II, III, etc., when the number of employees in the higher titles is to be reduced, employees who have held lower titles in the bargaining unit will be offered redu^tions to the highest title to which class ser;iority would �eep them from bein� laid off, before layoffs are made by any class title in any depa�tment. 5.5 Recall fro� layof€ sha1Z be in inverse order of layoff, except that - - recall rights shall expire after two years of layoff. 5.6 It is understood that such employees will pick u_r. their former seniority date in any class of positions that they previously held. - 6 - � ARTICLE VI - t�.�r�LGII�NT RIGHTS 6.1 The UNION re^ognizes the right of the EMPLOyER to operate and mana.ge its affairs in all respects in accordance with applicable laws and regulations of approgrir�te authorities. The rights and authority which the EMPLOYER has not afficially abridged, delegated, or modified by this AGREEI��NT are retained by the EMPLOyER. 6.2 A public Eh:PLOYER is not required to meet and n�gotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion of policy as the f�nctions and programs of the II�IAYER, its overall budget, utilization of technology, and organizational structure and selection and direction and number nf personnel. - 7 - :�, . � , � - ARTICLE VII - HOURS, YREMIUM PAY '� ;� 7.1 Hours of F�nployment. The normal work da�,� �,nd the normal work week shall ;� ,_��. be 8 hours in any 21+-hour period »nd �+0 r��::� in any 7-day period. (For employees on a shift basis, this shall be ccnstrued to mean an average of r '� forty hours a week.) The norm:sl work week sl^.all consist of 5 consecutive normal work days. 7.2 Call-in-Pay. When an employee is called t� work he shall receive two hours' pay if not put to work. If he is c�lled to work and commences work, he shall be guaranteed four straight time hours' pay. These pro- vis�ons, however, shall not be effective when work is unable to proceed because of adverse weather conditions; nor shall these provisions apply to temporary or emergency employees nor ta employees employed under any of the titl.es listed in Section 7 of these Rules under th� heading "Special mtployments"; nor to any person whose regular scheduled workday is less than four hours. 7.3 Overtime. Time on the payroll in excess of the normal hours set forth ;� � above shall be "overtime work" and sha17. be done only by order of the ; head of the department. An employee shall be recompensed for wark done ' in excess of the normal hours being paid on a time and one-half basis i , for such overtime work. ; 7.k Premium Pay. To any employee who works on a regularly assigned shift, � beginning earlier than 6 a.m. or ending later than 6 p.m. provided that i � at least five hours of the shift are �;orked between the hours of 6 p.m. I and 6 a.m., there shall be paid a night differential for the entire shift. �� 4 � _ g _ .� � • . � -3 ' . � � - ARTICLE VII - HOURS, � PAY (CONTIt�G�D) =�; ;�. � To any employee who works on a re�:ilarlS� Ps�i�ned shift, beginning =j �. earlier than 6 a.m. or ending later than 6 �.�., rut less than five <.,- _i i:� hours of the shift are worked between the hours of 6 p.m. and 6 a.m., � there shall be paid a night differential for the hours worked between ,l ;� the hours of 6 p.m. snd 6 a.m. .'� :3 � 7.5 The night differential shall be 5°� of the base rate, and shall be � .� paid only for those night shifts actually worked; provided, however, '4 `' thet the provisions of this subsection shall not apply to emergency or temporary employees in the Auditoriwn, or to employees holding titles listed in Section II or Ordinance No. 6446 under the heading "Speciel F�nployments" in this bargaining unit. 7.6 A premium pay of twenty-five cents (25�) per hour shall be paid for all swing stage work, such as any �:ork performed from a boatswain's chair or , a swing scaffold, fifty (50) feet or more above the ground. All standard safety laws shall be complied wii,h. � � i y f ' i � i i � � jr 1 ,� � � � :;� �8 • . ARTICLE VIII - LEnVES QF ABSENG`E 8.1 Leave of k�;sence. After three montr's employment, an employee may make applicration for a leave af absence not to exceed one year. A leave of absence shall be granted on the basis established in the Personnel Rules (Ordinance No. 3250). 8.2 Sicr I,eave. Sick le�ve shall accumulate at the rate of .0576 of a working hour for each f1z1.1 hour on the pa�rroll, excluding overtime. Sick leave accumulation is unlimited. To be eli�ible for sick leave the employee must report to his supervisor no later than one-half hour past his regular scheduled starting time. The granting of sick leave shall be subject to the terms and provisions of Ordinance No. 3250 of the City of Saint Paul. 8.3 AnY employee who has accumulated sick leave credits as provided above shall be granted leave with pay, for such period of time as the head of the department deems necessary, on account of sickness or injury of the employee, quarantine established and declared by the Bureau of Health, death of the employee's mother, father, spouse, child, brother, sister, mother-in-law, father-in-law, or other person who is a member of the household; and may be granted leave with pay for such time as is actually necessary for office visits to a doctor, dentist, optametrist, etc., or in the case of sudden sickness or disal�ility of a member of his _ _ household, making arran�ements for the care of such sick or disabled persons up to a maximu� of four hours sick leave. - 10 - � . �' .+ � � . �� " ARTICLE IX - MELITARY LEAVE OF ABSEhG'E :�� 9.1 Pay Allowance. Any employee wha sha?1 be a member of the National Guard, .�. � the Naval Militia or any other catnponent o�' the militia of the state, now or hereafter o�ganized or constituted under state or federal law, or who shall be a member of the Officer's Reserve Garps, the Enlisted Reserve Corps, the Naval Reserve, the Afarine Corps R�serve or any other reserve component of the military or naval force of the United States, now or hereafter organized or ccnstituted under Federal law, shall be entitled to leave of absence from employment without loss of pay, seniority status, efficiency rating, vac�ting, sick leave or other ben- efits for all the time when such employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, provided that such leave shall not exce�d a total of fifteen (15) days in any calendar year and, flzrther provided that such leave shall be allowed �! only in case the required military or naval service is satisfactorily ;�� ;;� performed, which shall be presumed unless the contrary is established. j Such leave shall not be allowed unless the employee: (1) returns to his i , position immediately upon being relieved from such military or naval � service and not later than the expiration of time herein limited for such leave, or (2) is prevented from so returning by pi�ysical or mental --. _ _ _ _ _ _ _ _. _ . disability or other cause not due to such employee's own fault, or (3) is required by proper authority to continue in such military or naval service beyond the time herein limited for such leave. i ! � i : f - 11 - � ARTICLE IX - NLrLITARY LEAVE OF ABSEh'CE (CON'PINUED) 9.2 I�eaT�e Without Pay. Any employee who engages in active service in time of war or other emergency declared by proper authority of any of the military or naval forces of the state or of the United States f'or which leave is not otherwise allowed by law shall be entitled to leave of abssnce from employment without pay during such service with right of rei.nstatement and subject to such conditions as are imposed by law. " 9•3 Such leaves of absence as are granted under Article 9 shall conform to Minnesota Statutes, Section 192, as amended from time to time and shall confer no additional benefits other than those granted by said statute. - 12 - � :, � - �= • ARTICLE X - JURY DUTY ,'. ,$r 10.1 Any employee who is required to appear in court as a juror or witness ,, � shall be paid his regular pay while he is .a engaged, provided however, � that any fees that the employee r�ay receive from the couz~t for such '� service shall be paid to the EMPL�YER and be deposited with the Director of Finance and Management Services. Any employee who is scheduled to work a shift, other than the narmal daytime shif`t, shall i � be rescheduled to work the normal daytime shift during such time as he � is required to appear in court as a juror or witness. �. '•� :� . � � � � � ; i i ! � 1 I � I _ - �3 _ ARTICLE XI - SEV's,t�NCE PAY 11.1 �c:ployees shall be eligible for severance pay in eccordance with the Severance Pay Ordinance No. 11490. The amount of Severance Pay allowed shall be that amount permitted by State Statutes subject to the provisions that the maximum amount allowed shall be �4,040. - 14 - � .. :4 . a �t . � • ARTICIE XII - MILEAGE :} ,, :y 12.1 Automobile Reimbursement Authorizeci. Pursu�nt, to Chapter 92A of the � . ; �:� St. Pau1 Legislative Code, as �mended, pertairing to reimbursement of � ; City officers and employees for the u�e of tk�eir own automobiles in the � � performance of their duties, t?ie ��llowing provisions are adnpted. � 12.2 Method of Computation. To be elis�ibl.e fer s,uch reimbursement, all officers and employees must receivP written authorization from the Mayor. Reimbursement shall be made in accor3ance with one of the following plans: Type l. For those officers and emplo,yees wha are required to use their own sutomobiles occasionally for official City business, reimbursement at the rate of 13 cents for each mile driven. Type 2. For those officers and exnployees who are required to use their own automobiles on a regulnr basis on City business, reimbursement at the rate of $2.50 for. each day of work, and in a.ddition thereto at the rate of 6.5 cents for each mile driven. 12.3 Rules and Regulations. The Mayor shall adopt rules and reg-�zlations � , governing the procedures for autcmobile re�.mbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating place of origin and destination and applicable milea�e ratings thereat and indicating total miles driven, and shal� file monthly __ _ affidavits stating the nwaber of d�ys wcrke� and the number of miles dr,iven, and further required that they maintsin automcbile 2iability insurance in amounts not less than �100,000/30Q,OG0 for �ersonal injury, and �25,000 for property damage. These rules and regulati�ns, together with any amendmen�s thereto, shall be maintained o�� file with the City Clerk. 12.4 The provisions of this Article shall not apply to employees of Independent School District No. 625. r;.. �` - i5 - �� .� -, a - �i . ,�. . " ARTZCLE XIII - MILF.A.GE-INDEPENDENT SG`tI00L DZSTRIC�` r,Q. 62 j �;- �, 13.1 Employees of the School District unde�^ p^1.;_cy adopted by the Bo�rd ;;. �;; ;:.�_, of Education may be reimbursed for the use of their automobiles for � '� school business. To be eligible for such reimbursement, employees must receive authorization fr�z� tre �istric� Mileage Committee F Y utilizing one of the following plans: PLAN "A" is reimbursed at the rate of 15¢ per mile. In addition, a maximum amount which can be paid per month is established by an estimated furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount '' can be the experience of another emgloyee working in the � same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. PLAN "C"provides for reimbursement based on per month l�mp sum" amount. This amount is determined by the employee's driving experience under Plan "A" for a period of 3 to 6 months. Those emplo,yees receiving an auto allowance under this plan must report monthly the number of days the car was available during the month. A deduction must be made from the lump sum ,.1 amount for each day the e�:ployee is on vacation. A ,� deduction need not be made for an occasional day of illness or For holidays. j t Y 3 ` , r i i i � � ; � ;� i ;� :i 4 �� - 16 - ARTICLE XIV - D3SCIP�INE 14.1 The EN.FLC11'�R will discipline employees for just cause on1y. Discipline will be ir. the form of: 14.11 Qra�. reprimand; 14.12 Written reprimand; 14.13 Susp�n:ian; 14.14 Reduction; 14.15 Discharge 14.2 Suspensions, reductions and discharges will be '�n written form. 1�.3 Employees and the UNION will receive copies of written reprimands and notices of suspension and discharge. 1�+.4 gnployees may examine all information i�n the ENSPIAYER personnel files that concerns work evaluations, commendations and�or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the EMPLYER. Z4.5 Discharges will be preceded by a five (5) day preliminary suspension withaut pay. During said period, the employee and�or UATION may request, and shall be entitled to a meeting with the II�IAYER representative who initiated the suspension with intent to discharge. Duxing said five (5) day period, the II�IFLOYER may affirm the suspension and discharge in accordance with Civil Service Rules or may modif�r, or withdraw same. , 1M.6 An employee to be questioned concerning sn investigation of disciplinary action shall have the right to request that a UIJION representative be presert. 14.7 Grievances relating to this Article sha�l be processed in accordance ��ith existing Civil Service procedures, except that oral and written reprinands shall be taken up in the grievance procedure under Article XVIII. - 17 - j_ ' . � ARTICLE XV - II�SURANCE � � . 15.1 The ENIPLOYER will cantinue for t�e period of this AGREEMENT to provide for ernployees such health and life ir.surar�ce benefits as are provided by the EMF'L(?Y-'r,.R at the time ^f execution of this AGREEMENT 15.2 The II�IPIAYER will for the peric�:d of this AGREEMENT provide for employees who retire after the time of executior of this AG�EF�MENT and until such emgloyees reach sixty-five (65) year$ �f �i8e such health insurance benefits and life insurance benefits as are provided by the EMPIAYER � for such employees. :� '-t ;1 15.3 In order to be eligible for the benefits under this early retiree ,',� provision, the employee must: 15.31 Be receiving benefits from a public empl.oyee ` retirement act at the ti�►e of retirement. •,� 15.32 Have severed his relationship with the City of , ; Saint Paul under one of the early retiree plans. , + ` ' 15.�+ The City agrees to contribute the cost af Hospitalization and Medical a� ; � Coverage or $36.85 per month, wr.ichever amount is less, for ea�.h employee ' { who is eligible for such covera�e. In addition, for each eligible emplcyee ; � who selects Dependent's Coverage, the City will contribute one-half (2) of , � the cost of such Dependent's Coverage or $42.43 per month, whichever � amount is less. These contributior,s shall be paid to the City's Group Health and Welfare Plan. Any increases in these costs shall be paid by the employee. 15.5 The City agrees to contribute the �ost for $5,000 of I,ife Insurance � Coverage for each employee who is eligible for such coverage or $2.95 i J ; per month, whichever amount is less. This contribution shall be paid t � to the City's Group Heelth and Welfare Plan. Any increase �n this cost ; � shall be paid by the employee. i - 18 - ARTICLE XVI - HOLIDAYS (CONTINUID) lli.5 If an employee entitled to a hol.id�y i� required to work on Washin�ton's _ and Lincoln's Birthday, Christopher Columbus P.ay, or Veterans Day, he shall be granted another day off w�th gay i.r� lieu thereof as soon thereafter as the convenience of the ciep�rtm�nt permits, or he shall be paid on a straight time basis for such hours worked, in addition to his regular holiday pay. If an employee emti�ler] to a holiday is required to work on New Year's Day, MemoriaZ Day, Independence Aay, Labor Aay, Thanksgiving Day or Christmas Day, he shall. be recompensed for work done on this day by being granted compensatory time on a time and one- half basis or by being paid on a time and one-half basis for such hours worked, in addition to his regular holiday pay. - 20 - �. �. � ARTICLE XVII - VACATION 17.1 In each calendar year, each f�l,l-tiffie employee shall be granted vacation accordir.� to the fol.l.owing schedule: Years of Service Vacatior. Granted 0 - 5 years 10 days 6 years thru 15 years 15 days 16 years thru 25 years 21 days 25 years or more 22 days gnployees who work less than full-time shsll be granted vacation on a pro rata basis. 17.2 The head of the Department may permit an employee to carry over into the following year up to ten days' vacation. 17.3 The above provisions of vacation shall be subject to Ordinsnce No. 6446, Sectian I, Sub. F. 17.4 If an employee has an accumulation of sick Ieave credits in excess of one hundred and eighty days, he may convert any part of such excess of vacation at the rate of one-half day's vacation for each day of sick leave credi�. The maximum number of days ' vacation allowed by the conversion of sick leave credits shall be no more than five days in any one year so that the maximum vac�tion time which may be taken in any one year shall be thirty- - -- -- seven days including the regular vacation period. - 21 - `:! -' . . � . .:J � < � XVIII - GRIEVANCE PROC°FIIURE �=f .,., �� , 18.1 The ENSPLOYER shall recognize Ste�;ards sel.r.cte� in accordance with UIQION r �� rules and re�ulations as the grieti•ance rep.resentutive of the bargaining 14�: J� unit. The UIVION sha11 notif�r the EMPLCYE.T{ in writing of the names of the �� Stewards and of their successers wk:en so nar,aed. s r ;� 18.2 It is recognized and accepted by thP EN�'LpI'ER end the UNION that the �� processing of grievances as hereinafter providsd is limited by the job `�} duties and responsibilities of the employees and shall therefore be accomplished during working hours on�y when consistent with such employee duties and responsibilities. The Steward involved and a grievin� employee shall suffer no loss in pay when a grievance is �roces�ed during working hours, provided, the Steward and the employee have notified and received the approval of their supervisor to be absent ta process a grievance and that such absence would not be detrimental to the work programs of the EMPLOyER. 18.3 The procedure established by this Article sha11 be the soie and exclusive � :. procedure, except for the appeal of disciplinary action as provid�d by � � Article VII, for the processing of grievances, which are defined as an � alleged violation of the terms and conditians of this AGREEMENT.Grievance i shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of �n alleged violation of this AGRF.EMENT, the employee invalved shall attempt to resolve the matter on an informal basis with the e�ployee's supervisor. If the matter is not resolved to the employee's satisfactian by the informal discussion it may be reduced to writing and referred to Step 2 by the UNIOPI. The written grievance shell set forth the .. - 22 - � � - � . �"� - ARTICLE XVII I - GRIEVANCE PROCEDURE (COP i I�v'iJED) ��y�� ' ' �l�rr �: nature of the grievance, tt:e f'act� on k�;-.ir.zi i_t is based, the alleged section(s) of the AGREEN�t�'T vac�.ated, an�. the rel.ief req_u.ested. Any alleged violation of the AGRE�NT not reduced to writing by the tTNION within seven (7) calendar d�ys �f the zirst occurrence of the event giving rise to the griev�nce or within thP use of reasonable diligence � should have had knowledge cf t.he first cecurrenee of the event giving � � rise to the grievance, shaZl be considered waived. � Step 2• Within seven (7) calendar c3ays after receiving the wx�itten grievance a designated F�IAY�:R supervisor shall meet with the UNI4N Steward and attempt to resolve the griei�nce. If, as a result of this meeting, the grievance remains unresolved, the EI�LOYER shall reply in writing to the UNION within three (3) calendar days fo]lowing this meeting. The iJNION may refer the grievance in writin� to Step 3 within seven (7) calendar days following receipt of the EI�LOYER'S written answer. Any grievance not referred in writing by the UN.LON within seven (7) calendar days following receipt of the II�LOYER'S answer shall be considered waived. � ; SteP 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated EMPLOYE�t supervisor shall meet with the Union Business Manager or his designated representative and attempt - - - to resolve the �rievance. Within seven (7) calendar days following this meeting the EMPIAYER shall reply in writing to the UI�JION stating the EMPLOYER'S answer concerning the �rievance. If, as a result of the written response the grievance reu�ains unresolved, the UIQION 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 EN�LOYER`S answer shall be considered wai.ved. �' - - �f �3 A�:TICI,F XVIII - GRIEVAh'CE PROCEBtJRE (CCtVTl"+L�% St_ e� !�� If the grievance remainG :�r''�;�?vnd, the UI�IO:� n�Y w�thin � seven (7) cal.�ndar days after t�� °�F„��:"' of the �Nl�'LOYEc� in Step 3 � by k�ritten notice to the Er�'II�C}`'a�C. rF�a""u Arbitration of the grievance. � The arbitration proceedings �?��':.}- �'�' ce::`��:�ted by an arbitrator` to be � 1 selected by mutual agreement �f tnA EPuTAY"� 8nd the UPTION within seven (� ndar days after notice ha� bee�i gzven. If the parties fail to `� (7) cale �'; mutually agree up�n an rrbi�rator within the said seven (7) day period, ` 4 Y ent Relation Board to submit '� either party may r�quest the Publ.ic F�►:t,lo� a panel of five (5) arbitrators. Both the EMPLOYER and the UIQION shall have the right to strike two (2) n�~�es from the panel. The UNIOPI shall strike the first (lst) Mame, the EMPLOYER shall then strike one (1) � name. The process will be repcated an�. the remaining person shall be . � • the arbitrator. 18.4 The arbitrator shall have no x`ight to amend, modify, nullif�I, ignore, add to, or subtract from the provisions of this AGRE�SENr• The arbitrator shall � the s Pcific issue submitted in writing by the consider and decide only P- �yF,R and the UhTIOPd 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 �he - --- - the force and effect of law. application of laws, rules or reguletians having The arbitrator's decision shall be submitted in writing within thrity (30) days following close of the heari.n� or the �u�mission 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 AGREEt�'�n'� and to the facts of the grievancP presenied. The decision of the arbitrator sh�11. be final and binding on the EMPIAYER, - the UIJION, and the employee�:. � R - 24 - , � AF?TI�LF. XVIII - GR7EV�N�E PROC�DUR� (CONTIh'fJED) 1�.5 The fees a�d e�ez�ses for the arbitrator`s services and proceedin�s shall. be berne F�u��i.l.,y by the E►'�iPL(?YER and the UId�ON, provided thflt each party shall be re�pensible for compensating its own representatives and witnesses. If either rax�y desires a verbatire record o�' the pr��eedin�s, it m�y crzuse suc� a reco.rd to be made, providing it pa,ys far the record. 18.6 The timme Ii�aits in each step of this procedure may be extended by mutual a�reement of the Eh'�LOYER and the UPIION. _ �5 _ �.. i _± .� ' � ARTICLE XI7C- RESIDEN�Y , � . 19.1 All emgloyees app�inted after February lg,lg76,would be required to ,i � � ".� reside in the City of Saint Paul wiii::�n vr�e year of their appointment, and thereafter would be required to remair_ wit,hin the City limits as '� long as they were employed by the �:ty of Ssint Paul. 1g.2 This residency require�ent shall apply to unclassified employees as well as classified eaployees. 3 19•3 Applicants for positions in the City of Saint Paul will not be required to be residents of the City of Saint Paul.. 19.4 F�►ployees failing to meet the residency requirement will be subject to termination and a hearing process shall be established to determine whether the residency requirement was met. j � j9 i 1 i � s � i { � � � � ! � � _ - 26 :�,�.; • I • ART3CI.� XXI - TERI+�;S ��'��'i�t� UF AGREEhiEAifi I 22•1 Cor„pl,e�e ree�r,ent and Waiver of Bar aining. T�r:i.s AG�;F;I��ENT sh�12 reFresent the cc�rr1ete AGREENIENT between the UN3C�rr and the ENlpI,p�R, 21t�;e parties acknowledge that during the ne�otiatiors which resulted in thlis AGREEt�NT, each hsc. the ianlimited ri�ht and apportun�ty to m,ake requestsl' and praposals with re��-,ect to any subject or matter not removed by Zaw fromlthe area of collective bargaining, and that the complete understandings ar�d agreements nrrived at by the parties after the exercise of tY�at right and opportunity are set forth in this AGg��, Therefore, the EMPI,pyER and the UNION, for the life of this AGREEMENT, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated tb bargain collective�y with respect to any subject cr matter referred tolor COl�ered in this A��, 21.2 Savings G?ause. This AGREENfENT is subject to the iaws cf the I�nited States, the State of Minnesota, and the City of Saint Paul. In the eve,nt any pro- visior. of this AGREEMEIV'T shall hold to t�e contrary to law by a Icourt •�f competer�t jurisdiction fron whose fi7a1 jud�nen� or decree no a�peal has been taken i�:ithin the time provided, such provision shail be vo�ided. A11 other provisions shall continue in full force ar.d effect. � - 21.3 Term of ATree�ner..t, This AGREEMENT shall be in fu11 force and e�'fect from January 1, 19'j7, to December 31, 19'77y and shall be autamati�sl r�r.ewed from ear �o P � Y year thereafter unless either arty shall noti£y tne other :_j; •rariting ty June l, that it desires to modify or ternainate this AGRF;EA�;I�', Ir. �ritnes� thereof, the parties have c�l,sed tnis kG$EEI�P� to be execu�ed this l�+th day of April , 1977, I I - 28 - I . i�� . ' ARTICLE XXI - TEFitj,S OF AGREEME.ST (continued) ;� � .� ,'F ;� 21.4 This constitutes a tentative AGf�EF�i��'T �etj•;een the parties which will �- E be recommended by the City T�;egc.ti�tor, but is subje�t to t:ie �pproval of the Administration of the Ci�y, the C�ty Council, and �he $ndependent �`� School District No. 625 and is also subjec+ to ratification b� the UNION. �;� ;�. i I "� I � ' + WITIVESSES ! ' � I '! INTER1VtiT'IONAL UNION OF OPERA�IIl�G :� CITY OF INT PAUL EI�IGIPIEERS, LOGAI, N0. 36 A�v� 9�b7 � � , � Bv• � ' , � La or Relations irect Business Ndanager, c 1 3 I � �;; > i BY• BY•y A, �� Business Manager, Loeal 9 7 BY: BY: �z�'`�� Presid�nt I �, ��, . �,� � BY: BY: ��"L �!y� �� t�l-"1'k�17'� Recording` creta I � BY: t Independent School District No. 25 � School Board Negotiator � � � BY: g Su erintendent Board Qf_Education I ;___ p , _ i - 29 - . ii _ - 29 - � . t I � , AFPE2dDIX A - WAGE� The wa�e rates and salary ranges for classifications in this unit �re effective January 1, 1977, as follows: �i First A�'ter 6 mos 6 �mos Chief Operating Engineer--Civic Center $8,56 $ I$,88 Custodian-E;�gineer I 6.86 I7.17 Custodian-En�ineer I (Library) 6.86 17.17 Custodian-Engineer I--Public Safety 6.86 17,17 Custodian-Engineer II 6,g7 j7,3$ G�zstodian-Engineer II (Library 6.9? 7•3$ Custodian-Engineer III 7.17 �7,57 Custodian-Engineer IV 7.41 �j.81 Gtizstodian-Engineer V 7.68 .07 Custodian-En�ineer (Public Safaty Bldg) 8.29 $.61 �Filter Plant Operator I 6.98 �j•29 Filter Plant Operator I 7,42 �j.74 Filter Plant Operator II 7.$'j �•19 House Custodien II 5,22 t Instrument Repairman (Filter Plant) 7.87 �3.19 Lime Recovery Operator 7,42 '�.74 Maintenance Man 7,42 '�.71+ Operating Engineer I--Civic Center 7.42 '�.74 Operating Engineer II--Civic Center 7.87 �:19 Pumping Engineer I 7,42 74 Pumping Engineer II 7.$'� �.19 Fiamping Engineer III 8.56 �.$$ Sewer Pumping Station Operator 8.21 �.53 Stationary Engineer 7,k2 .74 *Stationary Fireman 7.24 �.55 Supervisory Stationary Engineer 7,$p g,u Water Plant Aide 6.87 '�.18 After After After Start 6 mos. 1-year 2-yelars ��- Custodian 6.00 6.17 6.28 6.4�( General Matron I � 28�+.io 29�.io 304.60 3i6.io 327.60 340.10 3�+7.io i 355.�0 G�zstodian (Light Duty) 318.60 330.60 342.60 355.10 369.io 383.10 392.10 � 4oi.6o Watchman I I 319.70 332.70 3�+�+.70 357.70 371.70 387.20 395.20 � 4o5.2c � _ li � ' � . �. �`i a��-J / �" ` APPENDIX A - WAGES (continued) � ,��p �' �C7 Watchman--Water Department Watchm8n II 350.70 3E3•7� 377.� 391.70 4o7.2a 423.70 434.701 44�.7a Civic Center Plant xel�er j 497.45 5io.21 Assistant Sugerintendent of Stadium 451.80 46g.8o �87.80 508.80 5�9•30 551.30 565.301 581.30 Stadium Supervisar ' 596.60 613.08 Personnel hired for employment with the City after the date of thelsigning of this agreement, to a class of positions listed in 1 above, shall bl compensated at the "4 - 6 months" hourly wage rate during their probatinnary pe'riod. After completion of the probatianary period the employee shall be paid atl the "after 6 months't hourly wage rate. E�nployees promoted from any of the pos'itions listed in 1 above to any position listed in 1 above shall receive the "aftler 6 months" hourly wage rate. Temporary and emergency employees shall be paid the minimum rate in�icated in this appendix for the classification in which they are employed. , . - A2 - I I , t � ; . . . . . .,: ��.� • . i � � . Q�O �t�to� �etach th�� emorand�m frorrr�: th� � . a1'dl��n.C� so that.,thi� informati+�n wll! t�i= �(�, � � fi (?�i i��: �3 5 �vl�ll�bt� to the �City. Counc.i., R�►. r- - 9�8�7� , �: . . �xP�AN,A.'fi'��1N 4F AT33��STR,ATX'vE �?R�ERS, �' �: . ..,.:., ., .. .� �. � , � � , , , R�SC3�.,UT�QNS, A�£� Q�tI�II�T�NC�S , . � � . � ;;� � . . . • . � Il��i!Tl+w I. � � � wllr �wp n I/� �F i �I wY I ' .. . � ... � '{. � . . . . . . . � � ... . . . . 3 ..). . . . . . , . . . . . '. . - - �yyy . - CT� . . . ' . � . � � � . . - . � . � . .. �i $. � Data: April I5, 1977 ! r. �� ° �� : . RE� ��g�� . � # �, , , TQ: ' : }utAXt)R GEQR�E �A?II�ER qQ� 2 (� : � ��'^ • Y;�S 4�. ��. �.= FR: Perso�nelOf�ice � j ; p RE; !Ordi�ce for subxnission to the City Couacil ' � .g; � :� � • � . .; , : _ � � , , _ � � �; ; • � � + ACTTt7N REQ:U�S7�l3:. � • . � � 'z • We recammead your agproval a.md submissioa af thie ard3�a+ce tc► tke � � City Co�cil. . . ,; � . s _ ':� . � . : �`� . ; _ . � . . : � � � � j ' �PU�t�'4SE A�iD�RATZANA,LE �'C)R THiS.AC'�ION; � _, This ordi.aance approves a 1977 La.b�r. A�reement between the City, the � ' ict�, and the Interr�a�iap:a� Vn3.on af 4perat3ag F�gs�ieers Lacals � , 36 and �. `s Agreemeat calls for the foliowi,n� hourl�r �rage increasese � . � ; Custodiaa �� i Cu$todia� {Light Duty) � 27� ' ' � Custodian-Engiaeer 36� � �Operating Eaga�eer . 3'?} - � � • Theae increases amouat to an average of approxi.mately 5�e. � I�t addii�on to the wage change s, the �sew Agreeme�.t include s a prc�vis�toa � '� ATTA.CH1�ri�NTS; "�'ich provides 25� per honr prer�i.axxi to er�gl��ye�s workiag � : 50 feet above th� ,grouad. ' � �-This Agreement also iacludess the Ca�:s imsu�ance lang�ag$:which gl�c$s a � doltar �xaax3,mVm on the City's Hea1�h. and Wel�a.r�e cct��ributiona. , . � � , � � : � ' ' � � _ k � , . 3 r �� / /\ 7 Znd � s� / I �� lSt 3rd `�r L L� Adop ted 1 _ Yeas Nays BUTLER " HOZZA � 269C�18 � LEVINE ROEDLER � ' i TEDES CO � ( (PRESIDENT SYLVESTER)