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01-5280���>����L RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented by_ Referred To Council File # � � - S�.jt Green Sheet # 106838� Committee Date 0 RESOLVED, that the Councii of the City of Saint Paul hereby approves and ratifies the attached 20Q1-2002 Labor Agteement between the City of Saint Paul and the Intemational Union of Operating Engineers Loca170. Requested by Deparhnent of: � App � �.___ a . 4� ., roved by Mayor: Date ��� Z r �� � Office of Labor Relarions By: / Form App v i Attomey By; [il Approved by A ayor for Si b ission to Council By: L 1 Adopted by Council: Date \ � 00 Adoption Certified by Council retary I D�enx'rn�rrrro�c�r�ov�vcu.: LABOR RELATIONS COIVTACP PERSON & PHONE: JIJLIE KRAUS 266-6513 MUST BE ON COUNCII, AGENDA BY (DA1'E� Ivfay 23, 2001 TOTAL#OFSIGNATURE D"'� �rr,�''�D GREEN SHEET May 14, 2001 � INIITN./Da1E ASSIGN 7 DEPARTMENT DiR� j� 4 PIIMBER 2 CTTY ATIORNEY �) e FOR BUDGETDIIt ROiT17NG 3 N3AYOR (OR ASST.) o�xn� ALL No.: 106838 o�-sas� 1NI77ALDATE CITY COUNCII. CI1'Y CI,ERK FIN. ffi MGT. SERVICE DIR. acrioN �QUES-rEn: This resolution approves the attached 2001-2002 Labor Agreement between the City of Saint Paul and the Inteinational Union of Operating Engineers Loca170. RECOMIv7INDA1'IONS: AQprove (A) or Reject (R) _PLANNING COMMISSION _CNII. SERVICE COMMISSION _CIB COMMITI'EE STAFF DISTAICT COUR1' SUP40RTS WHICH COUNCIL OB.TECTI'VE? PERSONAL SERVICE CONTRACTS NNST ANSN'ER THE FOLLOWING QUEST10N5: 1. Has tLis perso�/fimi ever worked under a coniract for this department? Yes No 2. Has this person/fimi ever been a ary employee? Yu No 3. Does th�s personifirm possess a skill not noimally possessed by any cutrent c�ty Ye No Explain all yes answers on separate sheet and attach to green sLeet INIITATING PROBLEM,ISSUE, OPPORTUNII'Y (Who, What, When, Where, Why)' Cunent agreement expired December 31, 2000. ADVANTAGESIFAPPROVED: An agreement in place through December 31, 2002. This agreement has been ratified by the union membezs. D[SADVANTAGESIFAPPROVED: None DiSADVANTAGES IF NOT APPROVED� No agreement in place - labor unrest. TOTAL AMOUNT OF'LRAIVSACTION: FUNDING SOURCE: � w. '� �.. ],� " � ���� �. COSTIREVENUE BUDGETED: ACTIVTTY I3I3MBER: FINANCLAL INFORMATION: (EXPI,AIN) ol-5ag ATTACfIMENT TO THE GREEN SHEET Intemational Union of Operating Engineers Loca110 Below is a suuunary of the changes in the Collective Bargainiug Agreement between the City of Sunt Paul and the International Union of Operating Engineers Local 70. Duration: 2 year agreement. Januazy, 1 2001 - December 31, 2002. Wages: 2001: 2.75%effective 1JOU01(closestpayperiod) 2002: 3.0% effective 1/01J02(closest pay period) Health Insurance: The insurance contribution increases follow the same pattern as previously negotiated agreements with other bargaining units and with AFSCME in regard to single insurance in 2002. (monthly rates) 2001 Single: $211.62 + first $40 of any increase (which was $18.22) _$229.84 Family: $382.52 plus the increase in singie insurance up to $40.00 (which was $18.22) _ 400.74. 2002 - first half of the yeaz Single: $229.84 + first $40 of any increase and 50% of the increase over $40. 2002 - second half of the yeaz Single: $229.84 + fuli amount of 2002 premiuxn increase 2002 - all yeaz Family: The 2001 family contribution plus 60% of the family premium increase for 2002 up to $6QQ�. If the increase exceeds $100 the City will pay 40% of the excess increase. Agreed to decrease the years of service required for employees receiving a disability pension. Agreed to prohibit the addition of new dependents (beyond those of record at the time of retirement) to the retiree's health insurance plan at City expense after retirement. Empioyees will no longer be charged for participating in the Flexible Spending Account. Ol-S��' ATTACfIMENT TO THE GREEN SHEET Intemational IInion of Operating Engineers Loca170 Pg 2 Hours of Work: Clarification re: FLSA. Union acknowledged that FLSA overtime as described in Article 7.7 (flex schedules) is based on 40 hours worked (not paid) in a week. Agreed to continue with e�sting flex schedule agreements at Water Utility until a separate meeting can be set up. I3niform Allowance: Agreed to language which better clarifies the uniform reibursement process at the Water Utility. Agreed to a$75.00 boot allowance for permanent Police Security Ranger and *Park Ranger in the Police Department that have passed probation. Agreed to add other clarifying language. Retro Pay: Agreed to language which provides retro pay only for employees who are active on the payroll on the date of signing of the contract. Holidays: Agreed to a change in the process for holiday eligibility determination. ThSs change will make the administration of holidays easier for Payroll staff. Floating Holidays/Vacation Agreed to eliminate floating holidays for 2002 and to move these days into the vacation schedule for 2002. This will eliminate tracking of floating holidays far payroll staff for this bargaining unit. Out of Titie: Notice given and aclrnowledged by Union of change of practice at Water Utility. Effecfive with the approval of the contract. Other language changes: There were rewrites within several articles (Leaves, Severance, Grievance) for purposes of housekeeping, re-ordexing of articles and clarification. o�- SzY A'I`T'ACI�NT TO TI� GREEN SHEET Intemational Union of Operating Engineers Loca170 Pg3 Costs: Wages Health Insurance Increased uniform casts Total: $ 2001 $107,225.94 $ 17,053.92 $ 675.00 $124,954.91 2002 $117,000.00 $ actuals unknown at this time $117,000.00 + insurance costs li . .. . . _ . - . _ . _ - . . _ � � � (5�•. S?$' . 2001- 2002 LABOR AGREEIV�ENT - between - _ " � � � � T�3E _CITY�OF�SAINT "PAI3L . �- - � � - and = �� . . � �- - _ �� � . . � > IlYTE�2NATIOI�AI; IINION OF:OP�RATING � � � � � � � � � ENG�TEER�`� . � -_ � � . �; , _ ,_ . - _ � L(�CAL 70 � �� . , _ � � �. � - - �. _. ,� • INDEX ARTICLE TTTLE PAGE Preamble �' ................................................. u 1 Recognition ................................................1 2 Definitions .................................................I 3 Dues-FairShare ............................................2 4 Union Rights ...............................................2 5 Seniority ...................................................3 6 Management Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Hours, Premium Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Sick Leave ................................................ .6 9 Leave of Absence ............................................6 10 Severance Pay ..............................................8 11 Mileage ..................................................10 12 Residency .................................................11 13 Working Out of Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 � 14 Discipiine/Grievance ........................................ 11 15 Insurance .................................................14 16 Holidays ..................................................19 17 Vacation ..................................................20 18 Wage Schedule .............................................21 19 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 20 Non-Discrimination .........................................21 21 Safety Shoes/Uniforms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 22 Termsof Agreement ........................................23 Appendix A - Wages ....................................... A1 Appendix B - Como Pazk ConservatoryJZoo Layoffs . . . . . . . . . . . . . . B 1 l J i � � � .. . � i . This Agreement has been entered into between the City of Saint Paul, hereafter refened to as the Employer, and Local Union No. ?0, International Union of Operating Engineers, AFL-CIO, hereafter referted to as the Union. This Agreement has as its purpose the promotion of harmonious relations between the Employer and the Union, the establishment of an equitable and peaceful procedure for the resolution of differences, and the estabiishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in full compliance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1984, as amended. 11 ARTICLE 1 - RECOGNITION I.1 The Employer reco�ni2es the Union as the sole and exclusive bazgaining agent fot the purposes of estabIishing wages, benefits, hours and other conditions of employment for all of its employees as � outlined in the certification by the State of Minnesota, Bureau of Mediation Services, under Case No. 73-PR-449-A, as amended, to read as follows: All regulaz, probationary, and provisional engineering and building maintenance personnel who aze employed by the City of St. Paul or who have their "terms and conditions of employmenP' established by the goveming body of the City of St. Paul, and whose employment service exceeds the lesser of 14 hours per week or 35 percent of the normal work week and more than 67 work days per year in the foliowine classifications: Building Maintenance Engineer, Chemicai Feed System Repairer, Custodial Worker, Custodian, Custodian Engineer I, Custodian Engineer I--Library, Custodian Engineer I--Public Safety, Custodian- -Engineer II, Custodian Engineer II--Library, Custodian Engineer III, Custodian Engineer III--Library, Custodian (Light Duty), *Fiiter Plant Operator I, House Custodian II, Maintenance Worker, Modified Duty Worker-Custodian, Modified Duty Worker-Custodian Engineer I, Modified Duty Worker-Pazk Ranger, Modified Duty Worker-Security O�cer, *Pazk Ranger (Police), Pazk Security Officer (Parks), Police Security Ranger (Police), Pumping Engineer II, Pumping Engineer III, Security Officer-Water Utility, Se�ver Pumping Station Operator, Supervising Stationary Engineer, Water Plant Operator I, Water Plant Aide, Water Treatment Plant Operator II, Trainee (Custodian Engineez); excluding supervisory, managerial, clerical confidential, temporary and emergency employees, those exclusively represented by other labor or employee organizations, and ali other employees. � The parties agree that any new classifications which aze an expansion of the above bargaining unit or which derive from the classifications set forth in this Agreement shall be recognized as a part of this bar�aining unit, and the parties shall take all steps required under the Public Employment Relations Act to accomplish said objective. ARTICLE 2 - DEFINITIONS 2.1 Collective Bargaining - The Employer will bazgain collectively with the Union and with respect to rates of pay, hours and other conditions pertaining to employment for all of the employees in the unit hareinbefore set forth. 2.2 Maintenance of Standards - The Empioyer agrees that a11 conditions of employment relating to wages, hours of work, overtime differentials, vacations, and general working conditions shall be maintained at not less than the highest minimum standazd as set forth in the Civil Service Rules of the City of Saint Paul, (Resoluuon No. 3250 and the Saint Paul Salary Plan and Rates of Compensation} at the time of the signing of this Agreement, and the conditions of emplayment shall be improved wherever specific provisions for improvement aze made elsewhere in this Agreement. � ARTICLE 2 - DEFINITIONS (Continued) 2.3 Discrimination - The Employer will not interfere with, restrain or coerce the empioyees covered by this Agreement because of inembership in or activiry on behalf of the Union. The Employer will not discriminate in respect to lure, tenure of employment or any term or condition of employment against any employee covered by this Agreement because of inembersIup in or acrivity on behalf of the Union, nor will it discourage or attempt to discourage membership in tfie Union, or attempt to encourage membership in another Union. 2.4 The term "Employer" shall mean the City of St. Paul or the St. Paul Water Utiliry. ARTICLE 3- DUES - FAIR SHARE 3.1 Dues - The Employer agrees to deduct the Union membership initiation fee assessments and once each month dues from the pay to those employees who individually requesi in writing that such deductions be made. The amounts to be deducted shaIl be certified to the Employer by a representative of the Union and the ag�regate deductions of ali employees shali 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 Fair share - Any present or future employee who is not a Union member shali be required to contribute a fair shaze fee for services rendered by the Union. Upon notification by the Union, the Employer shall check off said fee from the eamings of the ernployee and transmit the same to the Union. In no instance shalf the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representauve in relationship to negouation and administration of grievance procedur� This provision sha11 remain operative oniy so long as specifically provided by Minnesota law, and as othen�ise Iegal. 33 The Union wi1] indemnify, defend and hold the Employer harmless against any claims made and against any suits instituted against the Ciry, its officers or employees, by reason of negligence of the Union in requesting or receiving deducuons under this Article. T'he City wilt indemnify, defend and hold the ann and ainst any suits instituted against the Union, its officers or employees by reason of negligence on the part of the Emp oyer m m ' �� under this Arkcle. ARTICLE 4 - UNION RIGHTS 4.1 The Union may designate employees within the bargaining unit to serve as Union Stewazds and shall be required to administer this Agreement 4.2 The Union shall furnish the Employer and appmpriate Department Heads and Labor Relations Director with a list of Stewards and altemates, and shall, as soon as possible, notify said appropriate City officials in writing of any changes thereto. Only those who aze Officers and Stewards shall be recognized by the Employer for the purpose of ineetings. � 2 ARTICLE 4 - UNION RIGHTS (Continued) 4.3 There shall be no deduction from the pay of a Steward when direcfly involved in meetings with management relating to the administration of this Agreement during working hours. � Designated Union Representatives shail be permitted to visit employees on job sites and at departrnent buildings during working hours for the purpose of the administrarion of this contract. 4.5 Shop Steward - One shop stewazd from each deparhnent will be allowed to accompany an employee's authorized representative during regular working hours for the purpose of wage, salary, or fringe benefit discussions or other problems of their particular concem involving employees of the City of St. Paui under the following conditions: 1) That only one empioyee from any one department be allowed to leave hislher work. 2) That the siewazd be expected to attend these meetings on his/her own time when they are held outside of his/her regular working hours. 3) That adequate notice is given to the department heads so that pernussion may be obtained. 4) That the steward has officially been designated as such by the Union that helshe represents. 5) Union Conventions - Duly elected Union delegates shall be granted time off without pay for one week to attend such convention. Vacation or compensatory time may be used for this purpose. The Union shall give at least ten working days advance notice of the employees who wili be � participating in such conventions. ARTICLE 5 - SENIORITY 5.1 Seniority, for the purpose of this Agreement, shall be defined as follows: The length of continuous, regular and probationary service with the Employer from the date an employee was first appointed to a class title covered by this Agreement, it being further understood that seniority is confined to the current class assignment held by an employee. In cases where two or more employees are appointed to the same class utie on the same date, ihe seniority shali be determined by the employee's rank on the eligible list from which certification was made. 5.2 Seniority shall terminate when an empioyee retires, resigns, or is discharged. 5.3 In the event it is determined by the Employer that it is necessary to reduce the work force, employees w�i11 be laid off by class title within each department based on inverse length of seniority as defined above. � 3 ARTICLE 5 - SENIORITY (Continued) 5.4 In cases where there are promotionaI series, such as Custodian Engineer I, II, III, eta, when Yhe numb of empIoyees in the higher tifles is to be reduced, employees who have held Iower titIes in the bargain� unit will be offered reductions to Yhe highest title to which class senioriTy would keep them from being laid off, before layoffs are made by any class title in any department. 5.5 Recall from layoff shall be in inverse otder of layoff, except that recall riglzts shall expire after two yeazs of layoff. 5.6 It is understood that such employees will pick up their former seniority date in any class of positions that they previously held. ARTICLE 6 - MANAGEMENT RIGHTS 61 The Union recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicabte laws and regulations of appropriate auttiorities. The rights and authority which the Empioyer has not officially abridged, delegated, or modified by this Agreement aze retained by the Employer. 6.2 A pubIic Employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but aze not Iimited to, such areas of discretion of policy as the functions and programs of the Employer, its overall budget, utilization of technology, and organizational shvcture and selection and direction and number of personnel. ARTICLE 7- HOURS, PREMIUM PAY � 7.1 Hours of Employment - The normal work day and the normal work week shall be 8 consecutive hours in an}� 24-hour period anc3 40 hours in any 7-day period. (For employees on a shift basis, this shall be construed to mean aa average of forty hours a weekJ The normal work week shail consist of 5 consecutive normal work days. Within the Division of Libraries, the normal work week shall consist of 5 consecutive no v two 2 consecutive days off. 7.2 Cail-in-Pay� - When an employee is called to work he/she shail receive two hours pay if not put to work. If an employee is catled to work and commences work, he/she shall be guaranteed four straight time hows pay, or one and one-half (1.5) times the employee's nomtat hourly rate for the actual number of hours worked, whichever is greater. These provisions, however, shall not be effecrive when work is unable to proceed because of adverse weather conditions; nor shall these provisions app2y to temporary or emergency employees nor to empioyees employed under any of the titles listed in Section 3.M of the CiviI Serv4ce Rules under the heading "Special Employments"; nor to any person whose regulaz scheduled workday is Iess than four hours. � ARTICLE '7 - HOURS, PREMIUM PAY (Continued) 7.3 Overtime - Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by the order of the head of the department. An Employee shall be recompensed � for work done in excess of the normal hows by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such overtime work. The basis on which such overtime shail be paid shall be detemuned by the employee provided there is money in the budget. In the Division of Libraries, overtime which is scheduled overtime shall be paid at the discretion of the Emploper; overtime which is unscheduled shali be at the choice of the employee provided there is money in the budget. The overtune rafe of one and one-half shall be computed on the basis of 1/80th of the bi-weekly rate. 7.4 Premium Pay - To any employee who works on a regularly assigned shift beginning eazlier than 6 a.m. or ending later than 6 p.m., provided that at least five hours of the shift are worked between the hours of 6 p.m. and 6 a.m., theze shall be paid a night differential far the entire shift. To any employee who works on a regulazly assigned shift, beginning earlier than 6 a.m. or ending later than 6 p.m., but less than five hours of the shift aze worked between the hours of 6 p.m. and 6 a.m., there shall be paid a night differential for the hours worked between the hours of 6 p.m. and 6 a.m. Notwithstanding Section III B of the Saint Paul Salary Plan and Rates of Compensation, employees working at the Water Utility's Filtration Plant and_who aze regulazly assigned to a shift which begins at 2:30 p.m. sha11 be eligible for the night differential as stated in Section III B for the entire shift. 7.5 The night differentia3 shall be 5% of the base rate, and shali be paid only for those night shifts actually � worked; provided, however, that the provisions of this subsection shall not apply to employees holding titles listed in Section II of the Saint Paul Salary Plan and Rates of Compensation under the heading °Special Employments" in this bargaining unit. 7.6 A premium pay of twenty-five (25) cents per hour shall be paid far ail swing stage wark, such as any work performed £rom a boatswain's chair or a swing scaffold, fifty (50) feet or more above the ground. All standard safety laws shall be complied with. 7.� Notwithstanding Article 7.1, employees may, through mutual agreement with the Employer, work schedules other than schedules limited by the normai work day and work week as set forth in Article 7.1. Overtime compensation for employees working under such agreements shall be subject to the provisions, for same, as set forth by the Fair Labor Standards Act. 7.8 For empioyees who wish to share a position, the Employer will attempt to provide options for implementing a sharing arrangement. Such an arrangement must be mutually agreed upon by the Employer and the employees involved. Vacation, holiday, and sick leave benefits for employees who share a position shall be pro-rated based upon the percent of hours warked. Heaith insurance benefits shall be administered in accordance with the provisions of Article 15 (Insurance) of this Agreement. In the event that one of the empioyees participating in the shazed posi6on is temrinated ar terminates employment, the Employer shall post the job sharing vacancy for a geriod of ten (10) days. If, at the end of ten (10) days, such vacancy cannot be filled, the Employer shaIl have the opfion of increasing the remaining employee's work hours. � ARTICLE 7- HOURS, PREMIUM PAY (Continued) 7.9 Articles 7.7, and 7.8 shall not be subject to ihe provisions of Article 14 (Discipline/Grie��ance Procedure) of this Agreement. � ARTICLE 8 - SICK LEAVE 8.1 Sick Leave - Sick leave shali accumulate at the rate of A576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumutation is unlimited. To be eligible for sick leave employees must report to their supervisor no later than one-half hour past their regulaz scheduled starting Yime. The granYing of sick leave shall be subject to the terms and provisions of Resolution No. 3250 of the Ciry of Saint Paul. 8.2 Sick Lea� e For Empioyee - Any employee who has accumulated sick leave credits as provided above in 8.1 sha1I be granted Ieave with pay for absences due to itlness or injury of the empIoyee, for such period of time as the emp2oyee's supervisor deems necessary. Employee may be granted leave v��ith pay for such time as is actuaily necessary for office visits to a doctor, denfist, optometrist, etc. 83 Use of Sick Lea��e For Employee Child - An employee may use sick leave for absences due to an itlness of the employee's cluld for such reasonable periods as the employee's attendance with the child may be necessary, on the same terms the employee is able to use sick Ieave for his or her own illness. 8.4 Use of Sick Leave for ParenY/FIousehoId Member - In the case of a serious illness or disability of ar employee's child, parent, or household member, the head of the depariment shali grant leave with pay� order for the emplo}�ee to caze for or make arrangements for the caze of such sick or disabled persons. Such paid leave shall be drawn from the employees accumulated sick leave credits. Use of such sick leave shall be limited to 40 hours per incident. ARTICLE 9 - 9. t Leave of Absence - After three month's emptoyment, an emptoyee may make application for a leave of absence not to exceed one year. A leave of absence shall be granted on the basis estabiished in the Civil Service Rules (Resolution No. 3250). 9.2 Military Lea��e - Any employee who engages in active service in time of waz or other emergency dectazed by proper authority of any of the military or naval forces of the state or of the United States for which leave is not otherwise aliowed by Iaw shall be entitled to leave of absence from emptoyment without pay during such service with right of reinsiatement and subjeet 2o such conditions as aze imposed by law. Military leave shatl conform to Minnesota Statutes, Secfion 192, as amended from tune to time and shalI confer no additional benefits other than those granfed by said statute. r � L� ARTICLE 9- LEAVE OF ABSENCE (Continued) 9.2(1) Pay Allowance - Any employee who shall be a member ofthe National Guard, the Navai Militia or any other component of the militia of the state, now or hereafter organized or consrituted under state or federal law, or who shall be a member of the Officer's Resen�e Cotps, the Enlisted � Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve componene of the militazy or navai force of the United States, now or hereafter organized or constituted under Federal iaw, shall be entitled to leave of absence from empioyment w�ithout loss of pay, seniority status, efficiency rating, vacation, sick leave or other benefrts for all the time when such employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, provided that such leave shall not exceed a total of fifteen (15) days in any calendar yeaz and, further pro��ided that such leave shall be allowed only in case the required military or naval service is satisfactorily performed, which shall be presumed unless the contrary is established. Such leave shall not be allowed unless the employee: (1) retums to hislher 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 raturning by physical or mental disability or other cause not due to such employee's own fault, or (3) is required by proper authorit�� to continue in such military or naval service beyond the time herein limited for such leave. 9.3 Jury� Duty - Employees who aze required to appeaz in court as jurors or witnesses shall be paid their regular pay cuhile they aze so engaged, provided however, that any fees that employees may receive from the court for such service shall be paid to the Employer and be deposited with the Director of Finance and Management Services. Any employee who is scheduled to work a shift, other than the normal � daytime shift, shall be rescheduled to work the normal daytime shift during such time as helshe is required to appear in court as a juror or witness. 9.4 Maternity and Parental Leave - Pregnant employees of the City of Saint Paul shall be eligible for the use of paid sick leave and unpaid leave of absence in the same manner as any other disabied or ill City employee. Such paid sick leave eligibility shall begin upon certification by the employee's attending physician that the employee is disabled in terms of her ability to perform the duties of her position. A twelve (12) month Parentai leave of absence without pay shall be granted to a natural pazent or an adoptive parent, who requests such leave in conjunction witt� the birth or adoption of a child. Such leave may be extended an additional twelve (12) months by mutual agreement between the empioyee and the Employer. Refusal on the part of the Employer to grant an extension of such leave shall not be subject to the provisions of Articlel4 of this Agreement. Employees who retum following such leaves of absence shall be piaced in a position of equivalent salary and tenure as the one held just prior to the beginning of their leave. 9.5 School Leave - An employee shall be granted up to a tota] of si�cteen (16) hours during a school yeaz to attend school conferences or classroom activities related to the employee's child, provided the conferences or classroom activities cannot be rescheduted during non-work houts. If the need for the leave is foreseeable, the employee must provide re.asonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operation of the Employer. An � employee shall be allowed to use vacation or compensatory time for this leave; otherwise this leave shall be without pay. 7 ARTICLE 9- LEAVE OF ABSENCE (Continued) 9.6 Funeral Leave - Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, shall be granted such leave to attend the funeral of the employee's grandpazent or grandchitd and as much time as the Employer deems necessary for the death of the emptoyee's mother, father, spouse� chifd, brother, sister, mother-in-law, father-in-law or other person who is a member of the household. ARTICLE ZO - SEVERANCE PAY 10.1 General. The Employer shall provide three (3) severance pay pIans as set forth in this Article. The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 1 I490. This severance pay program shall be subject to and govemed by tke provisions of City Ordinance No. I 1490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of tlus article shalI control. 10.2 Eiigibility. Any employee hired prior to December 31, 1983, may, upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. I6303, section i, section 6, draw severance pay under the terms of any of the three severance plans described in this article. Any employee hired after December 31, 1983 but prior to June 26, 1990 shall only be entitled to participate in Plan 2 or 3 as set forth in this article. Any empioyee hired on or after June 26, 1940 is eligible to participate only in plan 3 as set forth in this article. The election by the employee to draw severance pay under either this article or the ordinance shall constituTe a bar to receiving severance pay from the other. 103 Plan 1. Plan 1 is the severance pay plan described in Ordinance No. 11490, as amended by Cit�� Ordinance A'o. 16303. 10.4 Plan 2. In addition to the eligibility requirements set forth in 1Q.2 above, an employae must meet the � follow�ing requirements to receive a benefit under plan 2. (i) The empioyee must be 58 years of age or older or must be eligible for pension under the °rule of 8�" if applicable, or the "rule of 90" provisions of the Pubiic Employees Ret[rement Association (PER.A). The "rule of SS" or the "rule of 90" criteria shall also apply to employees covered by a public pension pian other than PERA. (2) The employee must be voIuntarily separa e have been subjeci to separation by lay-off or compulsory retirement. Those employees who are discharge or c' misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. For the purpose of this severance pragram, a death of an employee shall be considere@ as segazarion of employment, and if at the time of his or her death, ihe employee would have met all of the requirements set forth above, payment of the severance pay ma}- be made to the employee's estate or spouse. For the purpose of this severance prograzn, a uansfer from the City of Saint Paul employment to Independent School District No. 625 employment is considered a separation of employment, and such uansferee sha11 be eligible for the City severance program. (3) Tke employee must have at least ten (I O) yeazs of consecutive service under the classified or unclassified Civil Service at the ume of sepazatioa. For the purpose of this Arricle, service requirements for severance eligibility will not include yeazs of service with Schooi District #� for employees hired by the CiTy, or transferred to the City after December 31, 1998. E3 ARTICLE 10 - SEVERANCE PAY (Continued} (4) The employee must file a waiver of re-emgloyment with the Director of Human Resources, which �ill cleazly indicate that by requesting severance pay, the employee waives all claims to � reinstatement or re-employment (of any type}, with the City. (5) The employee must have accumulated a min;mum of sixty (60) days of sick leave credits at the time of hislher separatian from service. (6) If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she wiil be gtanted 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 of 200 accrued sick leave days. {7) The masimum amount of money that any empioyee may obtain through this severance pay program is $6,500. 10.5 Plan 3. In addition to the eligibility requirements set forth in 10.2 above, an employee must meet the following requirements to receive a benefit under P1an 3. (1) The employee must be voluntarily sepazated from the City employment or have been subject to separation by layoff or compulsory retirement. Those empioyees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the city severance pay program. For the purpose of this severance program, a death of an employee shall be considered as sepazation of employment and if the employee would have met all of the � requirements set forth above, at the time of hislher death, payment of the severance pay shali be made to the employee's estate or spouse. For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is considered a separation of employment, and such transferee shall be eligible for the Ciry severance program. (2) The employee must file a waiver of re-empioyment with the Human Resources Director, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or re-employment (of any type), with the City. (3) T'he employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of his sepazation from the service. (4) If an employee requests severance pay and if the employee meets the eligibiliry 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 heid by the employee on the date of sepazation for each day of accrued sick leave subject to a maximum as shown below based on the number of yeazs of service in the Ciry. � G9 ARTICLE 10 - SEVERANCE PAY (Continued} Years of Service with the City At Least 2d 21 22 23 24 25 ARTICLE ll- CTTY MILEAGE Maximum Severance Pay $ S,fl00 $ 6,000 $ 7,OOd $ 8,000 $ 9,000 $10,000 � 11.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the folIowing provisions aze adopted. 11.2 Method af Computation: To be eligibie for such reimbursement, all o�cers and employees must receive written authorization from the Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the raYe of $4.00 per day for each day� the employee's vehicle is actually used in performing tYie duties of the empIoyee's position. In additian, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines ffiat an employer vehicle is avaiiable for the employee's use but the employee desires to use his/her own automobile, *�-......—+h_�P___P*rvtlovee shall be reimbursed at the rate of $.20 per mile driven and shali not be eligible for any per Type 2. If an employee is required to use his/her own automobile REGIJLARLY during employment, the empIoyee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the empIoyee shall be reimbwsed $.20 per mile for each mile actually driven. If such employee is required to drive an automobite during employment and the department head or designated representative determines that an empToyer veivcle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligibte for any per diem. � 10 ARTICLE I1- CTTY MILEAGE (Continued) 113 The Ciry will provide parking at the Civic Center Pazking Ramp for City empioyees on either of the � above mentioned types of reunbursement plans who are required to have their personai cat available far City business. Such pazking will be provided only for the days the employee is required to bave his or her own personal car available. 11.4 Rules and Rewlations: The Mayor shall adopt rules and regulations goveming the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further requ'ue that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personal in}ury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single 1'unit coverage, with the City of Saint Paul named as an additional insuted. These rules and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. ARTICLE 12 - RESIDENCY 12.1 The Residenc}� Resolutian effective August 4, 1979, in Council File No. 273378 shall appiy to ail employees covered by this Agreement. ARTICLE 13 - WORKING OUT OF CLASSIFICATION 13.1 � Employer shall avoid, whenever possibie, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignxnent for a period in excess of fifteen (I S) working days shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16th) day of such assignment. For the purpose of this Article, an out-of-class assignment is defined as an assignment of an employee to perform, on a full time basis, all of the significant duties and responsibilities of a position different from the employee's regulaz position, and which is in a ciassification higher than the classification heid by such employee. The rate of pay for an approved out-of-ciass assignment shall be the same rate the employee would receive if such employee received a regular appointment to the higher ciassification. ARTICLE 14 - DISCIPLINE/GRIEVANCE 14.1 The Employer will discipline employees for just cause only. Discipline wiil be in the form of: (1) Oral reprimand; (2) Written reprimand; (3) Suspension; (4) Reduction; (5) Dischazge 14.2 A notice in wrifing of Suspensions, Reductions and Dischazges shall be sent to the employee and the union seventy-two (72) hours after such action is taken. � 11 ARTICLE 14 - DISCIPLINE/GRIEVANCE (Continuect) 14.3 Employees and the Union will receive copies of written reprimands and notices of suspension and � discharge. 14.4 Emplayees may examine all information in the Employer personnel fiie that concems work evatuarions, commendations and/or disciplinary actions. Files may be exanvned at reasonable times under tfie direct supervision of the Employer. 14.5 Discharges wiIl be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or Unian may request, and shall be entitled to a meeting with the Employer representative who initiated the suspension with infent fo dischazge. During said five (5) day period, the Employer may affirm the suspension and dischazge or may modify, or withdraw same. 14.6 An employee to be questioned concerning an investigation or disciplinary action shall have the right to request that a Union representative be present. 14.'7 The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shatl notify the Employer in writing of the names of the Stewards and of the'u successors when so named. 14.8 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 invoIved and a grieving employee shail suffer no loss in pay when a grie�rance is processed during wotking hours, grovided, the Steward and the employee have notified received the approvai of their supervisor to be absent to process a grievance and that such absence wouid not be detrimental to the work programs of the Employer. 149 The procedure established by this Articte shall be the sole and exclusive procedure for the pmcessing of grievances, which aze defined as an alIeged violation of the tenns and conditions of tivs Agreement. It is understood that issues not related to terms and conditions of employment (for example: topics listed in n�i - erformance reviews, examinafions and classi$cation) sha11 continue to be processed in accordance with the grievance pr ivil Service Rules. Grievances shali be resolved in confarmance with the foilowing procedure: Step 1. Upon the occurrence of an alleged violation of this AgreemenY, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the mattez is not resoIved 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 aileged section(s) of the Agreement violated, aad the relief requested. Any alleged violation of the Agreament not reduced to writing by the Union within fourteen (14) calendaz days of the first occurrence of the event giving rise to the grievance or within the use of reasanable diligence should have had knowledge of the first occuirence of the event giving rise to the grievance, shall be considered waived. � 12 ARTICLE 14 - DISCIPLINE/GRIEVANCE (Continued) Step 2_ Within seven (7) calendaz days after receiving the written grievance a designated Employer supervisor shall meet with the Llnion Stewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shali 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) calendaz days following receipt of the Employer's written answer. Any grievance not referred in �°riting by the Union within seven ('7) calendaz days following receipt of the Employer's answer shall be considered waived. Step 3. Within seven (?) calendar days foilowing receipt of a grievance refened from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or his designated representative and attempi to resolve the grievance. Within seven (7) calendaz 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 refened to in rvriting by the t3nion to Step 4 within seven ('7) calendar days following receipt ofthe Employer's answer shail be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendaz 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 azbitrator to be selected by mutual a�reement of the Employer and the Union wathin seven (7) calendaz days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Bureau of Mediation Services 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 (l st} name; the Employer shali then strike one (1) name. The process wi11 be repeated and the remaining petson shall be the arbitrator. 14.10 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The azbitrator sha11 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 azbitrator shail be without power to make decisions conuary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The azbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearang or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decislon shall be based solely on the arbitrator's interpretation or application of the expzess terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Empioyer, the Union, and the employees. 14_ i l The fees and expenses for the arbitrator's services and proceedings shali 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. 14.12 The time limits in each step of this procedure may be ea�tended by mutual agreement of the Employer . and the Union. 13 ARTICLE 15- INSURANCE Active Employee Insurance 15.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by� the Empioyer shali be solety controlled by the contracts negotiated by ttie Empioyer and the benefit providers. The Emptoyer wil! attempt to prevent any changes in the benefits offered by the benefit providers. However, the employees selecting the offered pians agree to accept any changes in benef ts which a specific provider implements. 15.2 For the purpose of this Article, full-fime employment is defined as appearing on the payroll an average of at least 32 hours pet week for the iwelve (12} month period preceding the annuai open enroIlment or special enrollments, or for the six (6) month period preceding initial enrollment. Three-quarter time employment is defined as appearing on the payroll an average of at least 26 hours per week, but Iess than 32 hotus per week, for the twelve (IZ} month period preceding the annual open enrollment or special enrollments, or for the six (6) month period preceding initial enrollment. Half-time employment is defined as appearing on the paym2l at teast 20 hours per week, but less than 26 hours per week, for the twetve (I2) month period preceding the annua2 open enrolIment or special enrollments, or for the six (6} month period preceding the inirial enrollment. 153 For each eligible employee covered by this Agreement who is employed half-tune and who selects employee health insurance coverage, the Employet agrees to contribute fi8y percent (50%) of the amount contributed for full-time employees selecting empioyee coverage in the same insurance plan. For each half-time employee who selects family health insurance coverage, the Employer agrees to contribute fifiy percent (50%} of the amount contributed for fult-time employees selecting farnity hea� insurance coverage in the same insurance plan. For each eligible employee covered by this Agreement who is employed three-quarter time and who seIecYS employee heaIth insurance coverage, the EMPLOYER agrees to contribute seventy-five (75%} of the amount contributed for futl-time empioyees selecting employee coverage. For each three-quarter time employee who selects fanuly health insurance coverage, the EmpIoyer agrees to contribute seventy- cent 75%) of the amount contributed for fuli-time employees selecting family heatth insurance coverage. 14 ARTICLE 15 - INSURANCE (Continued) 15.4 Effective for the January 2001 insurance premiums, for each eligible empioyee covered by this � Ageement who is employed full-time and who selects singie empioyee health insurance coverage provided by the Employer , the Employer agrees to contribute $211.62 [amount of 2006 single premiumj per month plus any increase 9n the 2001 single health insurance premium up to forty ($40.00) per month. If the 2001 single health insurance premium increase is over forty {$40.00) dollazs, the Employer will contribute 50% of the amount over forty ($40.00} dollazs. [For 2001, because the increase to the singIe premium is $18.221month, the City continues to pay 1Q0%a of the single premium]. 15.5 � �, � For each eligible full-time employee who selects fanuly health insurance covera�e, the Employer will contribute $382.52 [amount of the 2000 family premium] per month, plus an amount equal to the 2001 single heaith insurance premium increase up to forty ($40.00} dollars. If the 2001 single heaith insurance premium increase is over forty ($40.00) dollars, the Employer will contribute 50% of the amount over forry ($40.00) dollars. (For 2�01, because the increase in the single premium is $18.221month, the Employer's contribution to the family premium will be $400.74]. The parties agree to the following arrangement for 20�2 single insurance premiums with the explicit understanding that language agreed to for any time period during 2002 sets no psecedent one way or anoiher u�ith regard to 2003. The parties must renegotiate the method for determining the Employer contribution for 2003. If an agreement on the level of contribution for 2003 is not reached by the beginning of the 2003 insurance year, the City will follow its standard procedure for processing of the premiums unti] an agreement is reached (i.e. City follows language in effect on 12/31/02 until a successor agreement is reached). Effective for the January 2002 - June 30, 2002 insurance premiwns, for each eligible employee covered by this Agreement who is employed full-time and who selects single employee health insurance coverage provided by the Employer, the Employer agrees to contribute the 2001 contribution plus an increase up to forty ($40.00) doliars per month. If the singie health insurance premium increase for 2001 exceeds forty ($40.00) doilazs per month, the Employer will contribute 50% of the amount over forty ($40.00) dollazs. Effective for the July 1, 2002- December 31, 2002 insurance premiums, for each eligible employee covered by this agreement who is employed full-time and who selects single employee healih insurance coi�erage provided by the Employer, the Employer agrees to contribute the 2001 contribution plus an increase up to the full cosUmonth of the 2002 premium. For each eligible fuli-time employee who selects family health insurance coverage, the Employer will contribute the 2001 contribution plus 60°l0 of the family premium increase in 2002 up to $60.00. If the 2002 family premium increase exceeds $100.00, the City will pay 40% of the excess increase. If in either year the number of plans increases, the increase will be based on the average premium. 15 ARTICLE 15 - INSITRANCE (Continued) 15.6 Notwithstanding Article 153, eligible employees covered by this Agreement and employed half-time prior to January l, 1986, shall receive the same insurance contributions as a fult-time employee. This � Article, 15.6, applies only to eligible employees who were employed half-time during the month of December, 1485, and shall continue to apply only as long as such employee remains continuously empIoyed half-time. Refiree Insurance 15.7 Empioyees who retire must meet the following conditions at the time of retirement in order to be eligible for the Employer contributions, listed in Sections 15.$ through 15.11 beiow, toward a health insurance plan offered by the Employer: (1) Be receiving benefits from a pubiic empIoyee retirement act at the time of retirement, and (2) Have severed his/her relationship with the City of Saint Paul for reasons other than misconduct, and (3} Have compieted at least 20 years with the Ciry of St. Paul or 15 years if receiving a disability pension. (4) Sen ice requirements for retiree heaSth insurance eiigibility will not include years of service with School District #625 for employees hired by the Ciry, or transferred to the City, after December 31, I998. � (S) Additional dependants beyond those of record at the time of reYirement may not be added to the retiree's health insurance plan at City expense after retirement. Early Retiree Section shall apply to full time employees who: (1) Retire on or af[er January 1, 1996, and (Z) Were appointed on or before December 31, 1995, and (3) Have not attained age 65 at retirement, and (4) Meet the tenns set forth in Section 15.7 above, and (5) Select a heaith insurance plan offered by the Employer Until such employees reach sixty-five (65) years of age, the Employer agrees that for retirees selecting single coverage, the Empioyer will provide the same contabution as is provided for active employees selecting single coverage undei this Agreement This amount, however, shati not exceed $350.00 per monih. � 16 ARTICLE 15 - INSURANCE (Continued) For employees selecting family health insurance covernge, the Employer will contribute $3�0 per month toward the premium for family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. � When such eazl}� retiree attains age 65, the provisions of Section 15.10 shall appiy. 15.9 This Section shall apply to full time empioyees who: (1) Retire on or after January i, 1996, and (2) Were appointed on or after January i, 1996, and (3) Ha��e not attained age 65 at retirement, and (4) Meet the conditions set forth in Section 15.7 above, and (5) Select a health insurance plan offered by the Employer. Until such retirees reach sixty-five (65) years of age, the Employer agrees to contribute a maximum of $300.00 per month toward the cost of single or family health insurance coverage. Any unused portion sha11 not be paid to the retiree. VJhen such eazly retiree attains age 65, the provisions of Section 15.11 shall apply. Regular Retirees (Age 65 and over) I 5.10 This Section shall apply to full time employees who: (1) Retire on or after January i, 1996, and (2) Were appointed on or before December 31, 1945, and � (3) Have attained age 65 at retirement, and (4) Meet the terms set fQrth in Section 15.7 above, and (5) Select a health insurance plan offered by the Employer The Employer agrees to contribute a maa�imum of $350,00 per month towazd the premium for single or family health insurance coverage offered by the Employer to regulaz retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Section shall also apply to early retirees who retired under the provisions of Section 15.8 when such eazly retirees attain age 65. 15.11 This Section shall apply to fu11 tune employees who: (I ) Rerire on or after January 1, 199b, and (2) Were appointed on or after January 1, 1496, and (3} Have attained age 65 at retirement, and (4) Meet the terms set forth in Sections 15.7 above, and (5) Select a health insurance plan offered by the Employer � 1? ARTICLE 15 - Il\TSURANCE (Continued) The Employer agrees to contribufe a m�imum of $300.00 per month toward the cost of single or family health insurance coverage offered to regular retirees and their dependents. Any unuse@ portion shali not be gaid to � retiree. This Section shall also apply to early retirees who retired under the provisions of Section 15.4 when such early retirees attain age 65. 15.12 If an empioyee does not meet the condition of Section 15.7(3), but does satisfy the conditions in 15.7(1) and (2}, he/she maq pnrchase single or family health iasurance coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by the reriree. 15.13 A retiree may not carry his/her spouse as a dependent if such spouse is also a City retiree or City empioyee and eligible for and is enrolled in the City's health insurance program. 15.14 For each eli�ible employee the Emptoyer agrees to contribute the cost $20,000 of life insurance coverage. I5.15 Any cost of any premium for any City offered employee or family insurance coverage in excess of the dallar amounts stated in this Article shall be paid by the employee. 15.16 The Employer will provide a system whereby the employee's contribution toward the premiums for the emptovee's selected health insurance coverages can be paid on a pre-tax basis. Employees covered by the Agreement wiIl be eligible to participate in the FIe�ble Spending Account as offered by the � Employer. The service fee charged to participating employees shall be paid by the Employer. 15.17 Employees covered by titis Agreement shall be eligible to participate in the DependenY Care Reimbursement Account offered by the Empioyer. The service fee chazged to participating emptoyees shall be paid by the Employer. 15.18 The contribntions indicated in this Articie shall be paid to the Employer's Third Parry Administrator. Survivor Insurance 15.19 The surviving spouse of an employee cazrying family coverage at the time of his/her death @ue to a job connected injury or illness which was determined to have arisen out of and in the course of his/her employment under worker's compensation law skall continue to be eligible for city contribution in the same proportions as is provided for retired employees In the event of the death of an eazly retiree or a regutaz retiree, the dependents of the retiree shall have the option, within thirry (30) days, to continue the current hospitalization and medicai benefits which said dependents previously had, at the premium and Employer contribution accorded to the eligible deceased retiree. C 18 ARTICLE 15 - INSURANCE (Continued) It is further understood that coverage shall cease in the event of: . (1) Subsequent remarriage of the surviving spouse of the dec�ased empIoyee or retiree. (2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said EmpIoyer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. ARTICLE 16 - HOLIDAYS 16.1 Holiday recognized and observed. The following days shall be recognized and observed as paid holidays: New Years Day - January 1 Martin Luther King Day - 3rd Monday of January Presidents' Day - 3rd Monday of Februan� Memorial Day - The last Monday of May � Independence Day - July 4 Labor Day - lst Monday of September Veterans' Day - November I 1 Thanksgiving Day - 4th Thursday of November The Day After Thauksgiving Christmas Bay - December 25 Two Floating Holidays - For 2001 IRS payroll reporting year only Eligible employees shail receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Sattuday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fail on Sunday, the succeeding Monday shall be observed as the holiday. For those employees assigned to a work week other than Monday through Friday, the holiday shall be observed on the calendar date of the holiday. 16.2 For the 2�01 IRS payroll reporting yeaz only, the floating holidays set forth above may be taken at any time during the contract year, subject to the approval of the Department Head of any employee. For the 2002 IRS payroll reporting yeaz, floating holidays ate to be added to the vacafion schedule. 16.3 Eligibility Requirements In order to be eligibie for a holiday with pay, an empioyee must be employed as of the date of the holiday and have paid hours on the payroll for that pay period. The amount of holiday time earned shall be based upon the numbex of non-holiday hours paid during that pay period. ( See proration charts in Salary Plan and Rates of Compensation) For purposes of this secfion on1y, non- holiday hows paid include hours actually warked, vacation time, compensatory time, paid leave and sick leave. In neithez case shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary, emergency nor other employees not heretofote eligible shali . receive holiday pay. 19 ARTICLE 16 - HOLIDAYS (Continued) 16.4 If an employee entifled to a hotiday is required to work on Martin Luther King Day, Presidents' Day, Veterans' Day or the Day after Thanksgiving helshe shali be granted anotfier day off with pay in lieu • thereof as soon thereafter as the convenience of the deparlment permits, or he/she shall be paid on a straight time basis for such hours worked, in addition to his/her regular holiday pay. Employees assigned to a twel��e (22) hour shift sha11 have holiday overkime using a twelve (I2) hour value. If an employee entitled to a holiday is required to work on New Yeaz's Day, Memoriai Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, he/she sha11 be recompensed for worh done on this day by being granted compensatory time on a Yime and one half basis or by being paid on a time and one-haif basis for such hours worked, in addirion to his/her regular holiday pay. Employees assigned to a twelve {12) hour sbift shail fiave holiday overtime using a tweive (12} hour valne. ARTICLE 17 - VACATION 17.1 Vacation credits shall accumulate at the rates shown below in ttte 2001 IRS payroli reporting year for each full hour on #he payroll, exciuding overtime. Hours of Vacation .0385 (10 days) .0616 (16 days) .0731 (19 days) .0885 (23 days) .1000 (26 days) Yeazs of Service 1 st year thru 4th yeaz 5th yearthru 9th year l Oth yeaz thru 15th yeaz 16th year thru 23rd yeaz 24th year aztd therea8er � Vacation credits shall accumnlate at the rates shown beIow for the 2002 IRS payrolt reporting year for each full hour on the payroll, excluding overtime. [Rates below reflect the addition of the two floating holidays deteted from Article 16.1 to the vacation schedule]. Hours .0462 (12 days) .0692 (18 days) .0$07 {2I days) .0962 (25 days) .1077 (28 days) I st year thru 4th year Sth yeaz thru 9th yeaz l Oth yeaz thru 15th yeaz 16th yearthru 23rd year 24th year and thereafter 17.2 The head of the department may permit an employee to carry over into the "vacation yeaz" up to one-hundred twenty (120) hours of vacation. For the purpose of this articIe the "vacation year" shall be the fiscal year (TRS payroll reporting yeaz). r � zo ARTICLE 17 - VACATION (Continued) 173 The above provisions of vacation shall be subject to the Saint Paui Salary Plan and Rates of Compensation, Section I, Sub. H. �7.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eightg days, heJshe may convert any part of such excess of vacation at the rate of one-half day's vacation for each day of sick leave credit. The maximum number of days' vacation allowed by the conversion of sick leave credits shall be no more than five days in any one "vacation yeaz". ARTICLE 18 - WAGE SCHEDULE 18.1 The wage schedule for purposes of this contract shall be Appendix A attached hereto. The basic hourIy wage rates in Appendix A reflect the foliowing increases: 2001 Effective O 1l01 /2001 2.75% (closest pay period) 2002 Effective O1fO1J2002 3.00% (closest pay period) Retroacti��e pay adjustments shall appiy to all active employees of the bazgaining unit on the date of signing of the agreement except those who have been terminated for cause. �RTICLE 19 - STRIKES, LOCKOUTS, WORK INTERFERENCE 19.1 The Union and the Employer agree that there shall be no strikes, work stoppages, slow-downs, sit- downs, stay-ins, or other concerted interference with ihe Employer's business or affairs by said Union and/or the members thereof, and there shali be no bannering during the existence of this Agreement without first using all possible means of peaceful settlement of any controversy which may azise. ARTICLE 20 - NON-DISCRIMINATION 20.1 The terms and conditions of this Agreement will be applied to empioyees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, or because of membership or non-membership in the Union. 20.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibii'aties involve other employees and the general public. . 21 ARTICLE 21 - SAFETY ST30ES/LTNIFORMS 21.1 The Employer agrees to pay $50.00 per year towazd the cost or repair of a pair of safety shoes purchased by an employee who is a member of tlus unit. The Employer shall contribute towazd the cost of one p' of shoes per contract yeaz and shall not be responsible for any additionai cost for any additional shoes� thereafter. The contribution shalI be accumulative from yeaz to yeaz, to a maximum benefit of $150.00 should an employee not ufilize the benefit during a calendar yeaz. This reimbursement shall be made only after investigation and approval by the immediate supervisor of that employee. T'he Employer contribution shalI appTy onIy to those employees who are required by the Employer to weaz protective shoes or boots. 21.2 For the purposes of this section 21.2, it is understood that employees shalt only be reimbursed for uniform items that aze qualified as non-taxable and reixnbursable under ihe Water Utility's uniform policy. Each employee employed by the Water UtiIity on 1/1/Ol who chooses to participate in the uniform program at the Water Treatment Plant shall receive a one-time uniform reimbursement for initial unifarm items purchased up to $389. Any new employee hired after 1/1/Ol who chooses to participate in the uniform program shalI receive a one-time uniform reimbursement for inirial uniform items purchased up to $289. Employees shall not receive any other uniform reimbursement for the remainder of the year 2Q01. Beginning in 2002, newly hired employees shall receive a one-time reimbursement for initial uniform items purchased up to $289.00. The Employer agrees to provide a uniform allowance of up to $100 per calendaz yeaz towazd the cost of replacing unifortns for those employees who have participated in the unifortn program in the previous year. EmpIoyees must provide proof of uniform purchase to be reimbursed. Employees participating in the program are responsible for caze and upkeep of the unifortn, must weaz the uniform and must retum ali reimbursable items to the Water Utility upon termination. 213 The City shail fiunish uniforms at no cost to employees required to wear a uniform who work in the � Sewer Division of the Public Works Degartment. The Emplayer shall retain the discretion to determine the uniform to be worn. 21.4 The Pazks & Recreation Department shall fiunish uniforms at no cost to empioyees in the title of Pazk Securit�� Officer. The Employer shall retain the discretion to determine the unifomi to be wom. 21.5 The Police Departsnent shali funu � rms at` '-the title of *Pazk Ranger and Police Security Ranger. The EmpIoyer shatl retain the discretion to determine the uni orm a . For f�zll-time permanent Police Security Rangers and *Park Ranger the EmpIoyer agrees to pay $75.00 per calendaz year toward the purchase of one pair of boots to a maximum benefit of $I50.00 should an employee not utitize the benefit during a previous calendar year. 21.6 Except for Water Utility employees choosing not to participate in the uniform program as described in 21.2, all, employees working in any City Department who are provided a uniform shall wear such specified uniform. � f��r? ARTICLE 22 - TERMS OF AGREEMENT 22.1 Complete Agreement and Waiver of Bargaining - This Agreement shall represent the complete Agreement between the Union and the Employer. The parties acknowledge that during the negotiations • which resulted in this Agreement, each had the unlunited right and opportunity to make requests and proposals with respect to any subject or matter not removed by Iaw from the area of coilective bargaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opporiunity aze set forth in this Ageement. Therefore, the Employer and the Union, for the life ofthis Agreement, each voluntarily and unqualifiediy waives the right, and each agrees that the other shatl not be obligated to bazgain coliectively with respect to any subject or matter referred to or covered in this Agreement. 22.2 Sa�•ings Clause - This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Saint Paul, In the event any provision of this Agreement shall hold to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisian shall be voided. All other provisions sha12 continue in fuli force and effect. 223 Terms of Agreement - Except as herein provSded, this Agreement shaIl be effective as of the date it is executed by the parties and shall continue in full force and effect thru the 31 st day of December, 20Q2, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend, or modify this Agreement shali notify the other in writing so as to compiy with the provisions of the Public Employment Labor Relations Act of 1984. In witness thereof the parties have caused this Agreement to be executed tlus _(� day of May 2001. �.4 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 ratificataon by the Union. . 23 ARTICLE 22 - TERMS OF AGREEMENT (Continued) C� � . WITNESSES: CITY OF SAINT PAUL ` �I1 D 1 Katherine Meg Date Labor Relations irector INTERNATIONAL tJNION OF OP ING ENGINEERS, L CAL O. 7 O �=i� Business Manager Date �-�" �. �j5 //-U/ Pre 'dent � 5 = /(-o l Recording Secretary Date Business Represen f ���F�t`f� Negoriating Comsnittee �' ��Gc � Nego iating Committee � c? V Negotiating Committee Date S-t/-o` Date ' J`�-/� D{ Date i �' � p i / ��.- m � s'��/o/ Negotiating Cosntnittee Date �/s� ei.-� �`>`7 ll O( Negotiating Comm� itte� Date y �� os-y„�6� Negotiating Committee Date 24 ` APPENDIX A - WAGES ' � � � The wage rates and salary ranges for ciassifications in this unit are as follows: GRADE_OlU 502 AOUSE CUSTODIAN II A {1) 12J30/00 13.70 12/29J01 14.11 A (1) Start 12/30J00 15.74 12{29/O1 16.21 S (2) 6 mo. 16.20 16.69 GRADE 02U 231 CUSTODIAN 231M MODIFIED DUTY WORKER-CUSTODIAN C D (3) (4) 1-yr. 2-yr. 16.47 16.97 16.96 17.48 GRADE 03U 131 CUSTODIAN-ENGR I 631 CUSTODIAN-ENGR I--LIBRARY 632 CUSTODIAN-ENGR I--PIIB SAFETY 131M MODIFIED DUTY WKR-CUST ENG I A (lj Start 12/30/00 18.00 12/29j01 18.54 B t2) 6 mo. 18.61 19.37 GRADE 04U 132 CUSTODIAN-ENGR ZZ 605 CLISTODIAN-ENGR II--LIBRARY . A 8 (1) (2) Start 6 mo. 12/30J00 18.41 19.45 12/29j01 18.96 20.03 -Al- APPENDIX A - WAGES (Continued) ' GRADE OSV 133 CUSTODIAN-ENGR III 056A CUSTODZAN-ENGR III--LIBRARY A (1) Start 12/30/00 I9.80 12/29/O1 20.39 B (2) 6 mo. 20.65 21.48 GRADE 06U 585 MAZNTENANCE WORKER A (1? Start I2/30/00 19.89 12/29/O1 20.49 B (21 6 mo. 20.67 21.29 GRABE 07U 180 •FTLTER PLANT OPERATOR I A (1) Start 12/3D/00 19.47 12/29/01 20.D5 B (2) 6 mo. 20.26 2D.87 GRADE OBU S15A WATER PLANT OPERATOR I A B (1} �2) Star 12/30/00 19.80 20.58 12/29/O1 20.39 21.20 GRADE 09U 286A OPERATING ENGINEER 378 PIIMPING ENGINEER 22 602A WATER TREATMENT PLANT OPER. II A (1) Start 12/30/00 20.62 12/29/O1 21.24 8 (2) 6 mo_ 2I.46 22.10 , S i � L '�' L APPENDIX A - WAGES (Continued) GRADE l0U 420 SEWER PUMPING STA OPR � A (1) Start 12f30/00 21.53 12l29/O1 22.16 B (2) 6 mo. 22.32 22.99 GRADE 11U 624A CHEMICAL FEED SYSTEM REPAZRER A (11 Start 12Iso/oo zi.ao 12/29/Q1 21.84 B i2) 6 mo. 22.03 22.69 GRADE 12U 281 PUMPING ENGINEER III \J A B (1) I2) Start 6 mo. 12j30/OD 22.39 23.30 12/29(OS 23.06 24.00 GRABE 13A 779M MODIFIED DUTY WORKER-SEC OFFCR A B C D E F 10-yr. 15-yr. f1) (2) {3) {4) (5) (6) (7) (8) 12/30/00 1061.14 1104.10 1143.68 1186.69 1232.97 1284.16 1310.51 1393.56 12/29/O1 1092.97 1137.22 1177.99 1222.29 1269.96 1322.68 1349.83 1393.87 GR�DE 13M 234 CUSTODZAN (I,ZGHT DUTY) r 12/30J00 861.98 890.69 919.42 949.27 982.B0 1016.23 1037.82 1060.47 12/29J01 887.84 917.41 947.Q0 977.75 1012.28 1046.72 1068.95 1092.28 '�' APPENDIX A - WAGES {Continued) GRTaDE 13U 670 WATER PLANT AID& A B (1) (2) Start 6 mo. 12/30/00 I8.01 18.84 12/29/OI 18.55 19.41 GRADE 15U A 11) Start 12/30/00 19.42 12/29/O1 20.00 B (2) 6 mo. 20,48 21.09 GRADE 16U 464 SUPERVISING STATIONARY ENGR A (1) Start 12/30/QO 20.48 12/29/OI 21.09 B (2) 6 mo. 21.27 21.91 GRADE OI7 A B C D 5 F 10-yr. 15-yr. (1) (2) (3) (4) {5) (6) (7? {$7 12/30/OD 922.71 956.68 991.93 1029.80 1070.29 1113_42 1142.14 1168.24 12 �. 8..102Z.69 1060.69 1102.40 1146.82 1176.40 1203.29 GRADE 17A 519 SECURITY OFFICER-WATER UTILITY 12/3D/DO 1115.94 1151.94 1189.29 1229.48 1272.83 1321.00 1354.27 1364.42 12/29/O1 1149.42 1186.50 1224.97 1266.36 1311.01 I360.63 1394.90 1425.95 • • � -A4- v • APPENDIX A - WAGES (Continued) + GRADE 17U 806 TRAINEE(CVSTODIAN ENG2NEER) . A (1) Start 12/30J0� 9.71 12/29/O1 10.00 A (it Start 12/30/00 14.02 12/29/O1 14.44 GRATJE 18U 168A CUSTODIAL WORKER C D i3) (41 1-yr. 2-yr. 14.74 15.25 15.18 15.71 GRADE 20U 216A BUSLD MAINT ENGZNEER A (1) . z2/ao/oo 20.�0 12/29(Ol 21.32 � A (1) 0-500 xrs. 12/30/00 9.43 12J29/01 9.71 B (2) 6 mo. 1Q.�2 10.32 B t2) 6 mo. 14.44 14.87 GRADE 21U 259A *PARK RANGER - (POLICE) 259M MODIFIED DUTY WKR-PARK RANGER 656A PARR SECURITY OFFICER - (PARKS) B C D (2) (3) (4) 501-1000 1001-150D 1501+ xrs. Hrs. Hrs. 9.99 10.56 11.35 10.29 10.86 11.69 A B (1) (2) Start 6 mo. 12/30/00 9.43 10.93 12J29/O1 9.71 11.26 GRP.DE 22U 1178 POLICE SECURITY RANGER - (POLICE) C D E F G (3) (4) (5) (6) (7) 1-yr. 2-yr. 4-yr. 5-yr. 10-yr. 11.35 11.92 12.49 12.92 13.76 11.69 12.28 12.86 13.31 14.17 S� APPENDIX A - WAGES (Continued) Personnel hired for employment with the City after the date of the signing of tkis agreement, to a class listed in ARTICLE i above, shall be compensated at the "0 - 6 months" hourly wage rate during their probationary period. After completion of the probationary period the empioyee shail be paid at the "aRer 6 months" hourly wage rate. Employees promoted from any class listed in ARTICLE 1 above to an}� class Iisted in ARTICLE 1 above shaIl receive the "after 6 months" houriy wage rate. Temporary employees shall be paid the inimum rate indicated in trris APPENDIX for the classificafion in which they are emptoyed. • r � L, -A6- APPENDIX B- COMO PARK CONSERVATORY/ZOO LAYOFFS I3otwithstanding ARTICLE 5.3 of this Agreement, in the event it is determined by the EMPLOYER that • it is necessary to reduce the work force at the Como Park ConservatoryiZoo wark station, employees wi11 be laid off based on the inverse order in which their names appeaz in this Appendix B, regazdless of the classification indicated following their name. Appendix B will only apply to the named empioyees herein as long as they remain continuously employed 'ut the classification indicated and at the Como Pazk Conservatory/Zoo work station. In the event an employee's classification or work station is changed, this AppendiY B wili no longer be applicable to such employees. EMPLOYEE Edward Erichsen Thomas Stellwag Kenneth Reding Dennis Hermann CLASSIFICATION Custodian-Engineer II Operating Engineer Operating Engineer Operating Engineer This Appendix B will sunset when the last Custodian-Engineer II leaves the Como Park Conservatory(Zoo work station. � ' -Bl- 0���>����L RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented by_ Referred To Council File # � � - S�.jt Green Sheet # 106838� Committee Date 0 RESOLVED, that the Councii of the City of Saint Paul hereby approves and ratifies the attached 20Q1-2002 Labor Agteement between the City of Saint Paul and the Intemational Union of Operating Engineers Loca170. Requested by Deparhnent of: � App � �.___ a . 4� ., roved by Mayor: Date ��� Z r �� � Office of Labor Relarions By: / Form App v i Attomey By; [il Approved by A ayor for Si b ission to Council By: L 1 Adopted by Council: Date \ � 00 Adoption Certified by Council retary I D�enx'rn�rrrro�c�r�ov�vcu.: LABOR RELATIONS COIVTACP PERSON & PHONE: JIJLIE KRAUS 266-6513 MUST BE ON COUNCII, AGENDA BY (DA1'E� Ivfay 23, 2001 TOTAL#OFSIGNATURE D"'� �rr,�''�D GREEN SHEET May 14, 2001 � INIITN./Da1E ASSIGN 7 DEPARTMENT DiR� j� 4 PIIMBER 2 CTTY ATIORNEY �) e FOR BUDGETDIIt ROiT17NG 3 N3AYOR (OR ASST.) o�xn� ALL No.: 106838 o�-sas� 1NI77ALDATE CITY COUNCII. CI1'Y CI,ERK FIN. ffi MGT. SERVICE DIR. acrioN �QUES-rEn: This resolution approves the attached 2001-2002 Labor Agreement between the City of Saint Paul and the Inteinational Union of Operating Engineers Loca170. RECOMIv7INDA1'IONS: AQprove (A) or Reject (R) _PLANNING COMMISSION _CNII. SERVICE COMMISSION _CIB COMMITI'EE STAFF DISTAICT COUR1' SUP40RTS WHICH COUNCIL OB.TECTI'VE? PERSONAL SERVICE CONTRACTS NNST ANSN'ER THE FOLLOWING QUEST10N5: 1. Has tLis perso�/fimi ever worked under a coniract for this department? Yes No 2. Has this person/fimi ever been a ary employee? Yu No 3. Does th�s personifirm possess a skill not noimally possessed by any cutrent c�ty Ye No Explain all yes answers on separate sheet and attach to green sLeet INIITATING PROBLEM,ISSUE, OPPORTUNII'Y (Who, What, When, Where, Why)' Cunent agreement expired December 31, 2000. ADVANTAGESIFAPPROVED: An agreement in place through December 31, 2002. This agreement has been ratified by the union membezs. D[SADVANTAGESIFAPPROVED: None DiSADVANTAGES IF NOT APPROVED� No agreement in place - labor unrest. TOTAL AMOUNT OF'LRAIVSACTION: FUNDING SOURCE: � w. '� �.. ],� " � ���� �. COSTIREVENUE BUDGETED: ACTIVTTY I3I3MBER: FINANCLAL INFORMATION: (EXPI,AIN) ol-5ag ATTACfIMENT TO THE GREEN SHEET Intemational Union of Operating Engineers Loca110 Below is a suuunary of the changes in the Collective Bargainiug Agreement between the City of Sunt Paul and the International Union of Operating Engineers Local 70. Duration: 2 year agreement. Januazy, 1 2001 - December 31, 2002. Wages: 2001: 2.75%effective 1JOU01(closestpayperiod) 2002: 3.0% effective 1/01J02(closest pay period) Health Insurance: The insurance contribution increases follow the same pattern as previously negotiated agreements with other bargaining units and with AFSCME in regard to single insurance in 2002. (monthly rates) 2001 Single: $211.62 + first $40 of any increase (which was $18.22) _$229.84 Family: $382.52 plus the increase in singie insurance up to $40.00 (which was $18.22) _ 400.74. 2002 - first half of the yeaz Single: $229.84 + first $40 of any increase and 50% of the increase over $40. 2002 - second half of the yeaz Single: $229.84 + fuli amount of 2002 premiuxn increase 2002 - all yeaz Family: The 2001 family contribution plus 60% of the family premium increase for 2002 up to $6QQ�. If the increase exceeds $100 the City will pay 40% of the excess increase. Agreed to decrease the years of service required for employees receiving a disability pension. Agreed to prohibit the addition of new dependents (beyond those of record at the time of retirement) to the retiree's health insurance plan at City expense after retirement. Empioyees will no longer be charged for participating in the Flexible Spending Account. Ol-S��' ATTACfIMENT TO THE GREEN SHEET Intemational IInion of Operating Engineers Loca170 Pg 2 Hours of Work: Clarification re: FLSA. Union acknowledged that FLSA overtime as described in Article 7.7 (flex schedules) is based on 40 hours worked (not paid) in a week. Agreed to continue with e�sting flex schedule agreements at Water Utility until a separate meeting can be set up. I3niform Allowance: Agreed to language which better clarifies the uniform reibursement process at the Water Utility. Agreed to a$75.00 boot allowance for permanent Police Security Ranger and *Park Ranger in the Police Department that have passed probation. Agreed to add other clarifying language. Retro Pay: Agreed to language which provides retro pay only for employees who are active on the payroll on the date of signing of the contract. Holidays: Agreed to a change in the process for holiday eligibility determination. ThSs change will make the administration of holidays easier for Payroll staff. Floating Holidays/Vacation Agreed to eliminate floating holidays for 2002 and to move these days into the vacation schedule for 2002. This will eliminate tracking of floating holidays far payroll staff for this bargaining unit. Out of Titie: Notice given and aclrnowledged by Union of change of practice at Water Utility. Effecfive with the approval of the contract. Other language changes: There were rewrites within several articles (Leaves, Severance, Grievance) for purposes of housekeeping, re-ordexing of articles and clarification. o�- SzY A'I`T'ACI�NT TO TI� GREEN SHEET Intemational Union of Operating Engineers Loca170 Pg3 Costs: Wages Health Insurance Increased uniform casts Total: $ 2001 $107,225.94 $ 17,053.92 $ 675.00 $124,954.91 2002 $117,000.00 $ actuals unknown at this time $117,000.00 + insurance costs li . .. . . _ . - . _ . _ - . . _ � � � (5�•. S?$' . 2001- 2002 LABOR AGREEIV�ENT - between - _ " � � � � T�3E _CITY�OF�SAINT "PAI3L . �- - � � - and = �� . . � �- - _ �� � . . � > IlYTE�2NATIOI�AI; IINION OF:OP�RATING � � � � � � � � � ENG�TEER�`� . � -_ � � . �; , _ ,_ . - _ � L(�CAL 70 � �� . , _ � � �. � - - �. _. ,� • INDEX ARTICLE TTTLE PAGE Preamble �' ................................................. u 1 Recognition ................................................1 2 Definitions .................................................I 3 Dues-FairShare ............................................2 4 Union Rights ...............................................2 5 Seniority ...................................................3 6 Management Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Hours, Premium Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Sick Leave ................................................ .6 9 Leave of Absence ............................................6 10 Severance Pay ..............................................8 11 Mileage ..................................................10 12 Residency .................................................11 13 Working Out of Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 � 14 Discipiine/Grievance ........................................ 11 15 Insurance .................................................14 16 Holidays ..................................................19 17 Vacation ..................................................20 18 Wage Schedule .............................................21 19 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 20 Non-Discrimination .........................................21 21 Safety Shoes/Uniforms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 22 Termsof Agreement ........................................23 Appendix A - Wages ....................................... A1 Appendix B - Como Pazk ConservatoryJZoo Layoffs . . . . . . . . . . . . . . B 1 l J i � � � .. . � i . This Agreement has been entered into between the City of Saint Paul, hereafter refened to as the Employer, and Local Union No. ?0, International Union of Operating Engineers, AFL-CIO, hereafter referted to as the Union. This Agreement has as its purpose the promotion of harmonious relations between the Employer and the Union, the establishment of an equitable and peaceful procedure for the resolution of differences, and the estabiishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in full compliance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1984, as amended. 11 ARTICLE 1 - RECOGNITION I.1 The Employer reco�ni2es the Union as the sole and exclusive bazgaining agent fot the purposes of estabIishing wages, benefits, hours and other conditions of employment for all of its employees as � outlined in the certification by the State of Minnesota, Bureau of Mediation Services, under Case No. 73-PR-449-A, as amended, to read as follows: All regulaz, probationary, and provisional engineering and building maintenance personnel who aze employed by the City of St. Paul or who have their "terms and conditions of employmenP' established by the goveming body of the City of St. Paul, and whose employment service exceeds the lesser of 14 hours per week or 35 percent of the normal work week and more than 67 work days per year in the foliowine classifications: Building Maintenance Engineer, Chemicai Feed System Repairer, Custodial Worker, Custodian, Custodian Engineer I, Custodian Engineer I--Library, Custodian Engineer I--Public Safety, Custodian- -Engineer II, Custodian Engineer II--Library, Custodian Engineer III, Custodian Engineer III--Library, Custodian (Light Duty), *Fiiter Plant Operator I, House Custodian II, Maintenance Worker, Modified Duty Worker-Custodian, Modified Duty Worker-Custodian Engineer I, Modified Duty Worker-Pazk Ranger, Modified Duty Worker-Security O�cer, *Pazk Ranger (Police), Pazk Security Officer (Parks), Police Security Ranger (Police), Pumping Engineer II, Pumping Engineer III, Security Officer-Water Utility, Se�ver Pumping Station Operator, Supervising Stationary Engineer, Water Plant Operator I, Water Plant Aide, Water Treatment Plant Operator II, Trainee (Custodian Engineez); excluding supervisory, managerial, clerical confidential, temporary and emergency employees, those exclusively represented by other labor or employee organizations, and ali other employees. � The parties agree that any new classifications which aze an expansion of the above bargaining unit or which derive from the classifications set forth in this Agreement shall be recognized as a part of this bar�aining unit, and the parties shall take all steps required under the Public Employment Relations Act to accomplish said objective. ARTICLE 2 - DEFINITIONS 2.1 Collective Bargaining - The Employer will bazgain collectively with the Union and with respect to rates of pay, hours and other conditions pertaining to employment for all of the employees in the unit hareinbefore set forth. 2.2 Maintenance of Standards - The Empioyer agrees that a11 conditions of employment relating to wages, hours of work, overtime differentials, vacations, and general working conditions shall be maintained at not less than the highest minimum standazd as set forth in the Civil Service Rules of the City of Saint Paul, (Resoluuon No. 3250 and the Saint Paul Salary Plan and Rates of Compensation} at the time of the signing of this Agreement, and the conditions of emplayment shall be improved wherever specific provisions for improvement aze made elsewhere in this Agreement. � ARTICLE 2 - DEFINITIONS (Continued) 2.3 Discrimination - The Employer will not interfere with, restrain or coerce the empioyees covered by this Agreement because of inembership in or activiry on behalf of the Union. The Employer will not discriminate in respect to lure, tenure of employment or any term or condition of employment against any employee covered by this Agreement because of inembersIup in or acrivity on behalf of the Union, nor will it discourage or attempt to discourage membership in tfie Union, or attempt to encourage membership in another Union. 2.4 The term "Employer" shall mean the City of St. Paul or the St. Paul Water Utiliry. ARTICLE 3- DUES - FAIR SHARE 3.1 Dues - The Employer agrees to deduct the Union membership initiation fee assessments and once each month dues from the pay to those employees who individually requesi in writing that such deductions be made. The amounts to be deducted shaIl be certified to the Employer by a representative of the Union and the ag�regate deductions of ali employees shali 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 Fair share - Any present or future employee who is not a Union member shali be required to contribute a fair shaze fee for services rendered by the Union. Upon notification by the Union, the Employer shall check off said fee from the eamings of the ernployee and transmit the same to the Union. In no instance shalf the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representauve in relationship to negouation and administration of grievance procedur� This provision sha11 remain operative oniy so long as specifically provided by Minnesota law, and as othen�ise Iegal. 33 The Union wi1] indemnify, defend and hold the Employer harmless against any claims made and against any suits instituted against the Ciry, its officers or employees, by reason of negligence of the Union in requesting or receiving deducuons under this Article. T'he City wilt indemnify, defend and hold the ann and ainst any suits instituted against the Union, its officers or employees by reason of negligence on the part of the Emp oyer m m ' �� under this Arkcle. ARTICLE 4 - UNION RIGHTS 4.1 The Union may designate employees within the bargaining unit to serve as Union Stewazds and shall be required to administer this Agreement 4.2 The Union shall furnish the Employer and appmpriate Department Heads and Labor Relations Director with a list of Stewards and altemates, and shall, as soon as possible, notify said appropriate City officials in writing of any changes thereto. Only those who aze Officers and Stewards shall be recognized by the Employer for the purpose of ineetings. � 2 ARTICLE 4 - UNION RIGHTS (Continued) 4.3 There shall be no deduction from the pay of a Steward when direcfly involved in meetings with management relating to the administration of this Agreement during working hours. � Designated Union Representatives shail be permitted to visit employees on job sites and at departrnent buildings during working hours for the purpose of the administrarion of this contract. 4.5 Shop Steward - One shop stewazd from each deparhnent will be allowed to accompany an employee's authorized representative during regular working hours for the purpose of wage, salary, or fringe benefit discussions or other problems of their particular concem involving employees of the City of St. Paui under the following conditions: 1) That only one empioyee from any one department be allowed to leave hislher work. 2) That the siewazd be expected to attend these meetings on his/her own time when they are held outside of his/her regular working hours. 3) That adequate notice is given to the department heads so that pernussion may be obtained. 4) That the steward has officially been designated as such by the Union that helshe represents. 5) Union Conventions - Duly elected Union delegates shall be granted time off without pay for one week to attend such convention. Vacation or compensatory time may be used for this purpose. The Union shall give at least ten working days advance notice of the employees who wili be � participating in such conventions. ARTICLE 5 - SENIORITY 5.1 Seniority, for the purpose of this Agreement, shall be defined as follows: The length of continuous, regular and probationary service with the Employer from the date an employee was first appointed to a class title covered by this Agreement, it being further understood that seniority is confined to the current class assignment held by an employee. In cases where two or more employees are appointed to the same class utie on the same date, ihe seniority shali be determined by the employee's rank on the eligible list from which certification was made. 5.2 Seniority shall terminate when an empioyee retires, resigns, or is discharged. 5.3 In the event it is determined by the Employer that it is necessary to reduce the work force, employees w�i11 be laid off by class title within each department based on inverse length of seniority as defined above. � 3 ARTICLE 5 - SENIORITY (Continued) 5.4 In cases where there are promotionaI series, such as Custodian Engineer I, II, III, eta, when Yhe numb of empIoyees in the higher tifles is to be reduced, employees who have held Iower titIes in the bargain� unit will be offered reductions to Yhe highest title to which class senioriTy would keep them from being laid off, before layoffs are made by any class title in any department. 5.5 Recall from layoff shall be in inverse otder of layoff, except that recall riglzts shall expire after two yeazs of layoff. 5.6 It is understood that such employees will pick up their former seniority date in any class of positions that they previously held. ARTICLE 6 - MANAGEMENT RIGHTS 61 The Union recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicabte laws and regulations of appropriate auttiorities. The rights and authority which the Empioyer has not officially abridged, delegated, or modified by this Agreement aze retained by the Employer. 6.2 A pubIic Employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but aze not Iimited to, such areas of discretion of policy as the functions and programs of the Employer, its overall budget, utilization of technology, and organizational shvcture and selection and direction and number of personnel. ARTICLE 7- HOURS, PREMIUM PAY � 7.1 Hours of Employment - The normal work day and the normal work week shall be 8 consecutive hours in an}� 24-hour period anc3 40 hours in any 7-day period. (For employees on a shift basis, this shall be construed to mean aa average of forty hours a weekJ The normal work week shail consist of 5 consecutive normal work days. Within the Division of Libraries, the normal work week shall consist of 5 consecutive no v two 2 consecutive days off. 7.2 Cail-in-Pay� - When an employee is called to work he/she shail receive two hours pay if not put to work. If an employee is catled to work and commences work, he/she shall be guaranteed four straight time hows pay, or one and one-half (1.5) times the employee's nomtat hourly rate for the actual number of hours worked, whichever is greater. These provisions, however, shall not be effecrive when work is unable to proceed because of adverse weather conditions; nor shall these provisions app2y to temporary or emergency employees nor to empioyees employed under any of the titles listed in Section 3.M of the CiviI Serv4ce Rules under the heading "Special Employments"; nor to any person whose regulaz scheduled workday is Iess than four hours. � ARTICLE '7 - HOURS, PREMIUM PAY (Continued) 7.3 Overtime - Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by the order of the head of the department. An Employee shall be recompensed � for work done in excess of the normal hows by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such overtime work. The basis on which such overtime shail be paid shall be detemuned by the employee provided there is money in the budget. In the Division of Libraries, overtime which is scheduled overtime shall be paid at the discretion of the Emploper; overtime which is unscheduled shali be at the choice of the employee provided there is money in the budget. The overtune rafe of one and one-half shall be computed on the basis of 1/80th of the bi-weekly rate. 7.4 Premium Pay - To any employee who works on a regularly assigned shift beginning eazlier than 6 a.m. or ending later than 6 p.m., provided that at least five hours of the shift are worked between the hours of 6 p.m. and 6 a.m., theze shall be paid a night differential far the entire shift. To any employee who works on a regulazly assigned shift, beginning earlier than 6 a.m. or ending later than 6 p.m., but less than five hours of the shift aze worked between the hours of 6 p.m. and 6 a.m., there shall be paid a night differential for the hours worked between the hours of 6 p.m. and 6 a.m. Notwithstanding Section III B of the Saint Paul Salary Plan and Rates of Compensation, employees working at the Water Utility's Filtration Plant and_who aze regulazly assigned to a shift which begins at 2:30 p.m. sha11 be eligible for the night differential as stated in Section III B for the entire shift. 7.5 The night differentia3 shall be 5% of the base rate, and shali be paid only for those night shifts actually � worked; provided, however, that the provisions of this subsection shall not apply to employees holding titles listed in Section II of the Saint Paul Salary Plan and Rates of Compensation under the heading °Special Employments" in this bargaining unit. 7.6 A premium pay of twenty-five (25) cents per hour shall be paid far ail swing stage wark, such as any work performed £rom a boatswain's chair or a swing scaffold, fifty (50) feet or more above the ground. All standard safety laws shall be complied with. 7.� Notwithstanding Article 7.1, employees may, through mutual agreement with the Employer, work schedules other than schedules limited by the normai work day and work week as set forth in Article 7.1. Overtime compensation for employees working under such agreements shall be subject to the provisions, for same, as set forth by the Fair Labor Standards Act. 7.8 For empioyees who wish to share a position, the Employer will attempt to provide options for implementing a sharing arrangement. Such an arrangement must be mutually agreed upon by the Employer and the employees involved. Vacation, holiday, and sick leave benefits for employees who share a position shall be pro-rated based upon the percent of hours warked. Heaith insurance benefits shall be administered in accordance with the provisions of Article 15 (Insurance) of this Agreement. In the event that one of the empioyees participating in the shazed posi6on is temrinated ar terminates employment, the Employer shall post the job sharing vacancy for a geriod of ten (10) days. If, at the end of ten (10) days, such vacancy cannot be filled, the Employer shaIl have the opfion of increasing the remaining employee's work hours. � ARTICLE 7- HOURS, PREMIUM PAY (Continued) 7.9 Articles 7.7, and 7.8 shall not be subject to ihe provisions of Article 14 (Discipline/Grie��ance Procedure) of this Agreement. � ARTICLE 8 - SICK LEAVE 8.1 Sick Leave - Sick leave shali accumulate at the rate of A576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumutation is unlimited. To be eligible for sick leave employees must report to their supervisor no later than one-half hour past their regulaz scheduled starting Yime. The granYing of sick leave shall be subject to the terms and provisions of Resolution No. 3250 of the Ciry of Saint Paul. 8.2 Sick Lea� e For Empioyee - Any employee who has accumulated sick leave credits as provided above in 8.1 sha1I be granted Ieave with pay for absences due to itlness or injury of the empIoyee, for such period of time as the emp2oyee's supervisor deems necessary. Employee may be granted leave v��ith pay for such time as is actuaily necessary for office visits to a doctor, denfist, optometrist, etc. 83 Use of Sick Lea��e For Employee Child - An employee may use sick leave for absences due to an itlness of the employee's cluld for such reasonable periods as the employee's attendance with the child may be necessary, on the same terms the employee is able to use sick Ieave for his or her own illness. 8.4 Use of Sick Leave for ParenY/FIousehoId Member - In the case of a serious illness or disability of ar employee's child, parent, or household member, the head of the depariment shali grant leave with pay� order for the emplo}�ee to caze for or make arrangements for the caze of such sick or disabled persons. Such paid leave shall be drawn from the employees accumulated sick leave credits. Use of such sick leave shall be limited to 40 hours per incident. ARTICLE 9 - 9. t Leave of Absence - After three month's emptoyment, an emptoyee may make application for a leave of absence not to exceed one year. A leave of absence shall be granted on the basis estabiished in the Civil Service Rules (Resolution No. 3250). 9.2 Military Lea��e - Any employee who engages in active service in time of waz or other emergency dectazed by proper authority of any of the military or naval forces of the state or of the United States for which leave is not otherwise aliowed by Iaw shall be entitled to leave of absence from emptoyment without pay during such service with right of reinsiatement and subjeet 2o such conditions as aze imposed by law. Military leave shatl conform to Minnesota Statutes, Secfion 192, as amended from tune to time and shalI confer no additional benefits other than those granfed by said statute. r � L� ARTICLE 9- LEAVE OF ABSENCE (Continued) 9.2(1) Pay Allowance - Any employee who shall be a member ofthe National Guard, the Navai Militia or any other component of the militia of the state, now or hereafter organized or consrituted under state or federal law, or who shall be a member of the Officer's Resen�e Cotps, the Enlisted � Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve componene of the militazy or navai force of the United States, now or hereafter organized or constituted under Federal iaw, shall be entitled to leave of absence from empioyment w�ithout loss of pay, seniority status, efficiency rating, vacation, sick leave or other benefrts for all the time when such employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, provided that such leave shall not exceed a total of fifteen (15) days in any calendar yeaz and, further pro��ided that such leave shall be allowed only in case the required military or naval service is satisfactorily performed, which shall be presumed unless the contrary is established. Such leave shall not be allowed unless the employee: (1) retums to hislher 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 raturning by physical or mental disability or other cause not due to such employee's own fault, or (3) is required by proper authorit�� to continue in such military or naval service beyond the time herein limited for such leave. 9.3 Jury� Duty - Employees who aze required to appeaz in court as jurors or witnesses shall be paid their regular pay cuhile they aze so engaged, provided however, that any fees that employees may receive from the court for such service shall be paid to the Employer and be deposited with the Director of Finance and Management Services. Any employee who is scheduled to work a shift, other than the normal � daytime shift, shall be rescheduled to work the normal daytime shift during such time as helshe is required to appear in court as a juror or witness. 9.4 Maternity and Parental Leave - Pregnant employees of the City of Saint Paul shall be eligible for the use of paid sick leave and unpaid leave of absence in the same manner as any other disabied or ill City employee. Such paid sick leave eligibility shall begin upon certification by the employee's attending physician that the employee is disabled in terms of her ability to perform the duties of her position. A twelve (12) month Parentai leave of absence without pay shall be granted to a natural pazent or an adoptive parent, who requests such leave in conjunction witt� the birth or adoption of a child. Such leave may be extended an additional twelve (12) months by mutual agreement between the empioyee and the Employer. Refusal on the part of the Employer to grant an extension of such leave shall not be subject to the provisions of Articlel4 of this Agreement. Employees who retum following such leaves of absence shall be piaced in a position of equivalent salary and tenure as the one held just prior to the beginning of their leave. 9.5 School Leave - An employee shall be granted up to a tota] of si�cteen (16) hours during a school yeaz to attend school conferences or classroom activities related to the employee's child, provided the conferences or classroom activities cannot be rescheduted during non-work houts. If the need for the leave is foreseeable, the employee must provide re.asonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operation of the Employer. An � employee shall be allowed to use vacation or compensatory time for this leave; otherwise this leave shall be without pay. 7 ARTICLE 9- LEAVE OF ABSENCE (Continued) 9.6 Funeral Leave - Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, shall be granted such leave to attend the funeral of the employee's grandpazent or grandchitd and as much time as the Employer deems necessary for the death of the emptoyee's mother, father, spouse� chifd, brother, sister, mother-in-law, father-in-law or other person who is a member of the household. ARTICLE ZO - SEVERANCE PAY 10.1 General. The Employer shall provide three (3) severance pay pIans as set forth in this Article. The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 1 I490. This severance pay program shall be subject to and govemed by tke provisions of City Ordinance No. I 1490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of tlus article shalI control. 10.2 Eiigibility. Any employee hired prior to December 31, 1983, may, upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. I6303, section i, section 6, draw severance pay under the terms of any of the three severance plans described in this article. Any employee hired after December 31, 1983 but prior to June 26, 1990 shall only be entitled to participate in Plan 2 or 3 as set forth in this article. Any empioyee hired on or after June 26, 1940 is eligible to participate only in plan 3 as set forth in this article. The election by the employee to draw severance pay under either this article or the ordinance shall constituTe a bar to receiving severance pay from the other. 103 Plan 1. Plan 1 is the severance pay plan described in Ordinance No. 11490, as amended by Cit�� Ordinance A'o. 16303. 10.4 Plan 2. In addition to the eligibility requirements set forth in 1Q.2 above, an employae must meet the � follow�ing requirements to receive a benefit under plan 2. (i) The empioyee must be 58 years of age or older or must be eligible for pension under the °rule of 8�" if applicable, or the "rule of 90" provisions of the Pubiic Employees Ret[rement Association (PER.A). The "rule of SS" or the "rule of 90" criteria shall also apply to employees covered by a public pension pian other than PERA. (2) The employee must be voIuntarily separa e have been subjeci to separation by lay-off or compulsory retirement. Those employees who are discharge or c' misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. For the purpose of this severance pragram, a death of an employee shall be considere@ as segazarion of employment, and if at the time of his or her death, ihe employee would have met all of the requirements set forth above, payment of the severance pay ma}- be made to the employee's estate or spouse. For the purpose of this severance prograzn, a uansfer from the City of Saint Paul employment to Independent School District No. 625 employment is considered a separation of employment, and such uansferee sha11 be eligible for the City severance program. (3) Tke employee must have at least ten (I O) yeazs of consecutive service under the classified or unclassified Civil Service at the ume of sepazatioa. For the purpose of this Arricle, service requirements for severance eligibility will not include yeazs of service with Schooi District #� for employees hired by the CiTy, or transferred to the City after December 31, 1998. E3 ARTICLE 10 - SEVERANCE PAY (Continued} (4) The employee must file a waiver of re-emgloyment with the Director of Human Resources, which �ill cleazly indicate that by requesting severance pay, the employee waives all claims to � reinstatement or re-employment (of any type}, with the City. (5) The employee must have accumulated a min;mum of sixty (60) days of sick leave credits at the time of hislher separatian from service. (6) If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she wiil be gtanted 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 of 200 accrued sick leave days. {7) The masimum amount of money that any empioyee may obtain through this severance pay program is $6,500. 10.5 Plan 3. In addition to the eligibility requirements set forth in 10.2 above, an employee must meet the following requirements to receive a benefit under P1an 3. (1) The employee must be voluntarily sepazated from the City employment or have been subject to separation by layoff or compulsory retirement. Those empioyees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the city severance pay program. For the purpose of this severance program, a death of an employee shall be considered as sepazation of employment and if the employee would have met all of the � requirements set forth above, at the time of hislher death, payment of the severance pay shali be made to the employee's estate or spouse. For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is considered a separation of employment, and such transferee shall be eligible for the Ciry severance program. (2) The employee must file a waiver of re-empioyment with the Human Resources Director, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or re-employment (of any type), with the City. (3) T'he employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of his sepazation from the service. (4) If an employee requests severance pay and if the employee meets the eligibiliry 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 heid by the employee on the date of sepazation for each day of accrued sick leave subject to a maximum as shown below based on the number of yeazs of service in the Ciry. � G9 ARTICLE 10 - SEVERANCE PAY (Continued} Years of Service with the City At Least 2d 21 22 23 24 25 ARTICLE ll- CTTY MILEAGE Maximum Severance Pay $ S,fl00 $ 6,000 $ 7,OOd $ 8,000 $ 9,000 $10,000 � 11.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the folIowing provisions aze adopted. 11.2 Method af Computation: To be eligibie for such reimbursement, all o�cers and employees must receive written authorization from the Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the raYe of $4.00 per day for each day� the employee's vehicle is actually used in performing tYie duties of the empIoyee's position. In additian, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines ffiat an employer vehicle is avaiiable for the employee's use but the employee desires to use his/her own automobile, *�-......—+h_�P___P*rvtlovee shall be reimbursed at the rate of $.20 per mile driven and shali not be eligible for any per Type 2. If an employee is required to use his/her own automobile REGIJLARLY during employment, the empIoyee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the empIoyee shall be reimbwsed $.20 per mile for each mile actually driven. If such employee is required to drive an automobite during employment and the department head or designated representative determines that an empToyer veivcle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligibte for any per diem. � 10 ARTICLE I1- CTTY MILEAGE (Continued) 113 The Ciry will provide parking at the Civic Center Pazking Ramp for City empioyees on either of the � above mentioned types of reunbursement plans who are required to have their personai cat available far City business. Such pazking will be provided only for the days the employee is required to bave his or her own personal car available. 11.4 Rules and Rewlations: The Mayor shall adopt rules and regulations goveming the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further requ'ue that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personal in}ury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single 1'unit coverage, with the City of Saint Paul named as an additional insuted. These rules and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. ARTICLE 12 - RESIDENCY 12.1 The Residenc}� Resolutian effective August 4, 1979, in Council File No. 273378 shall appiy to ail employees covered by this Agreement. ARTICLE 13 - WORKING OUT OF CLASSIFICATION 13.1 � Employer shall avoid, whenever possibie, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignxnent for a period in excess of fifteen (I S) working days shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16th) day of such assignment. For the purpose of this Article, an out-of-class assignment is defined as an assignment of an employee to perform, on a full time basis, all of the significant duties and responsibilities of a position different from the employee's regulaz position, and which is in a ciassification higher than the classification heid by such employee. The rate of pay for an approved out-of-ciass assignment shall be the same rate the employee would receive if such employee received a regular appointment to the higher ciassification. ARTICLE 14 - DISCIPLINE/GRIEVANCE 14.1 The Employer will discipline employees for just cause only. Discipline wiil be in the form of: (1) Oral reprimand; (2) Written reprimand; (3) Suspension; (4) Reduction; (5) Dischazge 14.2 A notice in wrifing of Suspensions, Reductions and Dischazges shall be sent to the employee and the union seventy-two (72) hours after such action is taken. � 11 ARTICLE 14 - DISCIPLINE/GRIEVANCE (Continuect) 14.3 Employees and the Union will receive copies of written reprimands and notices of suspension and � discharge. 14.4 Emplayees may examine all information in the Employer personnel fiie that concems work evatuarions, commendations and/or disciplinary actions. Files may be exanvned at reasonable times under tfie direct supervision of the Employer. 14.5 Discharges wiIl be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or Unian may request, and shall be entitled to a meeting with the Employer representative who initiated the suspension with infent fo dischazge. During said five (5) day period, the Employer may affirm the suspension and dischazge or may modify, or withdraw same. 14.6 An employee to be questioned concerning an investigation or disciplinary action shall have the right to request that a Union representative be present. 14.'7 The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shatl notify the Employer in writing of the names of the Stewards and of the'u successors when so named. 14.8 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 invoIved and a grieving employee shail suffer no loss in pay when a grie�rance is processed during wotking hours, grovided, the Steward and the employee have notified received the approvai of their supervisor to be absent to process a grievance and that such absence wouid not be detrimental to the work programs of the Employer. 149 The procedure established by this Articte shall be the sole and exclusive procedure for the pmcessing of grievances, which aze defined as an alIeged violation of the tenns and conditions of tivs Agreement. It is understood that issues not related to terms and conditions of employment (for example: topics listed in n�i - erformance reviews, examinafions and classi$cation) sha11 continue to be processed in accordance with the grievance pr ivil Service Rules. Grievances shali be resolved in confarmance with the foilowing procedure: Step 1. Upon the occurrence of an alleged violation of this AgreemenY, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the mattez is not resoIved 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 aileged section(s) of the Agreement violated, aad the relief requested. Any alleged violation of the Agreament not reduced to writing by the Union within fourteen (14) calendaz days of the first occurrence of the event giving rise to the grievance or within the use of reasanable diligence should have had knowledge of the first occuirence of the event giving rise to the grievance, shall be considered waived. � 12 ARTICLE 14 - DISCIPLINE/GRIEVANCE (Continued) Step 2_ Within seven (7) calendaz days after receiving the written grievance a designated Employer supervisor shall meet with the Llnion Stewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shali 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) calendaz days following receipt of the Employer's written answer. Any grievance not referred in �°riting by the Union within seven ('7) calendaz days following receipt of the Employer's answer shall be considered waived. Step 3. Within seven (?) calendar days foilowing receipt of a grievance refened from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or his designated representative and attempi to resolve the grievance. Within seven (7) calendaz 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 refened to in rvriting by the t3nion to Step 4 within seven ('7) calendar days following receipt ofthe Employer's answer shail be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendaz 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 azbitrator to be selected by mutual a�reement of the Employer and the Union wathin seven (7) calendaz days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Bureau of Mediation Services 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 (l st} name; the Employer shali then strike one (1) name. The process wi11 be repeated and the remaining petson shall be the arbitrator. 14.10 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The azbitrator sha11 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 azbitrator shail be without power to make decisions conuary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The azbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearang or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decislon shall be based solely on the arbitrator's interpretation or application of the expzess terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Empioyer, the Union, and the employees. 14_ i l The fees and expenses for the arbitrator's services and proceedings shali 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. 14.12 The time limits in each step of this procedure may be ea�tended by mutual agreement of the Employer . and the Union. 13 ARTICLE 15- INSURANCE Active Employee Insurance 15.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by� the Empioyer shali be solety controlled by the contracts negotiated by ttie Empioyer and the benefit providers. The Emptoyer wil! attempt to prevent any changes in the benefits offered by the benefit providers. However, the employees selecting the offered pians agree to accept any changes in benef ts which a specific provider implements. 15.2 For the purpose of this Article, full-fime employment is defined as appearing on the payroll an average of at least 32 hours pet week for the iwelve (12} month period preceding the annuai open enroIlment or special enrollments, or for the six (6) month period preceding initial enrollment. Three-quarter time employment is defined as appearing on the payroll an average of at least 26 hours per week, but Iess than 32 hotus per week, for the twelve (IZ} month period preceding the annual open enrollment or special enrollments, or for the six (6) month period preceding initial enrollment. Half-time employment is defined as appearing on the paym2l at teast 20 hours per week, but less than 26 hours per week, for the twetve (I2) month period preceding the annua2 open enrolIment or special enrollments, or for the six (6} month period preceding the inirial enrollment. 153 For each eligible employee covered by this Agreement who is employed half-tune and who selects employee health insurance coverage, the Employet agrees to contribute fi8y percent (50%) of the amount contributed for full-time employees selecting empioyee coverage in the same insurance plan. For each half-time employee who selects family health insurance coverage, the Employer agrees to contribute fifiy percent (50%} of the amount contributed for fult-time employees selecting farnity hea� insurance coverage in the same insurance plan. For each eligible employee covered by this Agreement who is employed three-quarter time and who seIecYS employee heaIth insurance coverage, the EMPLOYER agrees to contribute seventy-five (75%} of the amount contributed for futl-time empioyees selecting employee coverage. For each three-quarter time employee who selects fanuly health insurance coverage, the EmpIoyer agrees to contribute seventy- cent 75%) of the amount contributed for fuli-time employees selecting family heatth insurance coverage. 14 ARTICLE 15 - INSURANCE (Continued) 15.4 Effective for the January 2001 insurance premiums, for each eligible empioyee covered by this � Ageement who is employed full-time and who selects singie empioyee health insurance coverage provided by the Employer , the Employer agrees to contribute $211.62 [amount of 2006 single premiumj per month plus any increase 9n the 2001 single health insurance premium up to forty ($40.00) per month. If the 2001 single health insurance premium increase is over forty {$40.00) dollazs, the Employer will contribute 50% of the amount over forty ($40.00} dollazs. [For 2001, because the increase to the singIe premium is $18.221month, the City continues to pay 1Q0%a of the single premium]. 15.5 � �, � For each eligible full-time employee who selects fanuly health insurance covera�e, the Employer will contribute $382.52 [amount of the 2000 family premium] per month, plus an amount equal to the 2001 single heaith insurance premium increase up to forty ($40.00} dollars. If the 2001 single heaith insurance premium increase is over forty ($40.00) dollars, the Employer will contribute 50% of the amount over forry ($40.00) dollars. (For 2�01, because the increase in the single premium is $18.221month, the Employer's contribution to the family premium will be $400.74]. The parties agree to the following arrangement for 20�2 single insurance premiums with the explicit understanding that language agreed to for any time period during 2002 sets no psecedent one way or anoiher u�ith regard to 2003. The parties must renegotiate the method for determining the Employer contribution for 2003. If an agreement on the level of contribution for 2003 is not reached by the beginning of the 2003 insurance year, the City will follow its standard procedure for processing of the premiums unti] an agreement is reached (i.e. City follows language in effect on 12/31/02 until a successor agreement is reached). Effective for the January 2002 - June 30, 2002 insurance premiwns, for each eligible employee covered by this Agreement who is employed full-time and who selects single employee health insurance coverage provided by the Employer, the Employer agrees to contribute the 2001 contribution plus an increase up to forty ($40.00) doliars per month. If the singie health insurance premium increase for 2001 exceeds forty ($40.00) doilazs per month, the Employer will contribute 50% of the amount over forty ($40.00) dollazs. Effective for the July 1, 2002- December 31, 2002 insurance premiums, for each eligible employee covered by this agreement who is employed full-time and who selects single employee healih insurance coi�erage provided by the Employer, the Employer agrees to contribute the 2001 contribution plus an increase up to the full cosUmonth of the 2002 premium. For each eligible fuli-time employee who selects family health insurance coverage, the Employer will contribute the 2001 contribution plus 60°l0 of the family premium increase in 2002 up to $60.00. If the 2002 family premium increase exceeds $100.00, the City will pay 40% of the excess increase. If in either year the number of plans increases, the increase will be based on the average premium. 15 ARTICLE 15 - INSITRANCE (Continued) 15.6 Notwithstanding Article 153, eligible employees covered by this Agreement and employed half-time prior to January l, 1986, shall receive the same insurance contributions as a fult-time employee. This � Article, 15.6, applies only to eligible employees who were employed half-time during the month of December, 1485, and shall continue to apply only as long as such employee remains continuously empIoyed half-time. Refiree Insurance 15.7 Empioyees who retire must meet the following conditions at the time of retirement in order to be eligible for the Employer contributions, listed in Sections 15.$ through 15.11 beiow, toward a health insurance plan offered by the Employer: (1) Be receiving benefits from a pubiic empIoyee retirement act at the time of retirement, and (2) Have severed his/her relationship with the City of Saint Paul for reasons other than misconduct, and (3} Have compieted at least 20 years with the Ciry of St. Paul or 15 years if receiving a disability pension. (4) Sen ice requirements for retiree heaSth insurance eiigibility will not include years of service with School District #625 for employees hired by the Ciry, or transferred to the City, after December 31, I998. � (S) Additional dependants beyond those of record at the time of reYirement may not be added to the retiree's health insurance plan at City expense after retirement. Early Retiree Section shall apply to full time employees who: (1) Retire on or af[er January 1, 1996, and (Z) Were appointed on or before December 31, 1995, and (3) Have not attained age 65 at retirement, and (4) Meet the tenns set forth in Section 15.7 above, and (5) Select a heaith insurance plan offered by the Employer Until such employees reach sixty-five (65) years of age, the Employer agrees that for retirees selecting single coverage, the Empioyer will provide the same contabution as is provided for active employees selecting single coverage undei this Agreement This amount, however, shati not exceed $350.00 per monih. � 16 ARTICLE 15 - INSURANCE (Continued) For employees selecting family health insurance covernge, the Employer will contribute $3�0 per month toward the premium for family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. � When such eazl}� retiree attains age 65, the provisions of Section 15.10 shall appiy. 15.9 This Section shall apply to full time empioyees who: (1) Retire on or after January i, 1996, and (2) Were appointed on or after January i, 1996, and (3) Ha��e not attained age 65 at retirement, and (4) Meet the conditions set forth in Section 15.7 above, and (5) Select a health insurance plan offered by the Employer. Until such retirees reach sixty-five (65) years of age, the Employer agrees to contribute a maximum of $300.00 per month toward the cost of single or family health insurance coverage. Any unused portion sha11 not be paid to the retiree. VJhen such eazly retiree attains age 65, the provisions of Section 15.11 shall apply. Regular Retirees (Age 65 and over) I 5.10 This Section shall apply to full time employees who: (1) Retire on or after January i, 1996, and (2) Were appointed on or before December 31, 1945, and � (3) Have attained age 65 at retirement, and (4) Meet the terms set fQrth in Section 15.7 above, and (5) Select a health insurance plan offered by the Employer The Employer agrees to contribute a maa�imum of $350,00 per month towazd the premium for single or family health insurance coverage offered by the Employer to regulaz retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Section shall also apply to early retirees who retired under the provisions of Section 15.8 when such eazly retirees attain age 65. 15.11 This Section shall apply to fu11 tune employees who: (I ) Rerire on or after January 1, 199b, and (2) Were appointed on or after January 1, 1496, and (3} Have attained age 65 at retirement, and (4) Meet the terms set forth in Sections 15.7 above, and (5) Select a health insurance plan offered by the Employer � 1? ARTICLE 15 - Il\TSURANCE (Continued) The Employer agrees to contribufe a m�imum of $300.00 per month toward the cost of single or family health insurance coverage offered to regular retirees and their dependents. Any unuse@ portion shali not be gaid to � retiree. This Section shall also apply to early retirees who retired under the provisions of Section 15.4 when such early retirees attain age 65. 15.12 If an empioyee does not meet the condition of Section 15.7(3), but does satisfy the conditions in 15.7(1) and (2}, he/she maq pnrchase single or family health iasurance coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by the reriree. 15.13 A retiree may not carry his/her spouse as a dependent if such spouse is also a City retiree or City empioyee and eligible for and is enrolled in the City's health insurance program. 15.14 For each eli�ible employee the Emptoyer agrees to contribute the cost $20,000 of life insurance coverage. I5.15 Any cost of any premium for any City offered employee or family insurance coverage in excess of the dallar amounts stated in this Article shall be paid by the employee. 15.16 The Employer will provide a system whereby the employee's contribution toward the premiums for the emptovee's selected health insurance coverages can be paid on a pre-tax basis. Employees covered by the Agreement wiIl be eligible to participate in the FIe�ble Spending Account as offered by the � Employer. The service fee charged to participating employees shall be paid by the Employer. 15.17 Employees covered by titis Agreement shall be eligible to participate in the DependenY Care Reimbursement Account offered by the Empioyer. The service fee chazged to participating emptoyees shall be paid by the Employer. 15.18 The contribntions indicated in this Articie shall be paid to the Employer's Third Parry Administrator. Survivor Insurance 15.19 The surviving spouse of an employee cazrying family coverage at the time of his/her death @ue to a job connected injury or illness which was determined to have arisen out of and in the course of his/her employment under worker's compensation law skall continue to be eligible for city contribution in the same proportions as is provided for retired employees In the event of the death of an eazly retiree or a regutaz retiree, the dependents of the retiree shall have the option, within thirry (30) days, to continue the current hospitalization and medicai benefits which said dependents previously had, at the premium and Employer contribution accorded to the eligible deceased retiree. C 18 ARTICLE 15 - INSURANCE (Continued) It is further understood that coverage shall cease in the event of: . (1) Subsequent remarriage of the surviving spouse of the dec�ased empIoyee or retiree. (2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said EmpIoyer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. ARTICLE 16 - HOLIDAYS 16.1 Holiday recognized and observed. The following days shall be recognized and observed as paid holidays: New Years Day - January 1 Martin Luther King Day - 3rd Monday of January Presidents' Day - 3rd Monday of Februan� Memorial Day - The last Monday of May � Independence Day - July 4 Labor Day - lst Monday of September Veterans' Day - November I 1 Thanksgiving Day - 4th Thursday of November The Day After Thauksgiving Christmas Bay - December 25 Two Floating Holidays - For 2001 IRS payroll reporting year only Eligible employees shail receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Sattuday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fail on Sunday, the succeeding Monday shall be observed as the holiday. For those employees assigned to a work week other than Monday through Friday, the holiday shall be observed on the calendar date of the holiday. 16.2 For the 2�01 IRS payroll reporting yeaz only, the floating holidays set forth above may be taken at any time during the contract year, subject to the approval of the Department Head of any employee. For the 2002 IRS payroll reporting yeaz, floating holidays ate to be added to the vacafion schedule. 16.3 Eligibility Requirements In order to be eligibie for a holiday with pay, an empioyee must be employed as of the date of the holiday and have paid hours on the payroll for that pay period. The amount of holiday time earned shall be based upon the numbex of non-holiday hours paid during that pay period. ( See proration charts in Salary Plan and Rates of Compensation) For purposes of this secfion on1y, non- holiday hows paid include hours actually warked, vacation time, compensatory time, paid leave and sick leave. In neithez case shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary, emergency nor other employees not heretofote eligible shali . receive holiday pay. 19 ARTICLE 16 - HOLIDAYS (Continued) 16.4 If an employee entifled to a hotiday is required to work on Martin Luther King Day, Presidents' Day, Veterans' Day or the Day after Thanksgiving helshe shali be granted anotfier day off with pay in lieu • thereof as soon thereafter as the convenience of the deparlment permits, or he/she shall be paid on a straight time basis for such hours worked, in addition to his/her regular holiday pay. Employees assigned to a twel��e (22) hour shift sha11 have holiday overkime using a twelve (I2) hour value. If an employee entitled to a holiday is required to work on New Yeaz's Day, Memoriai Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, he/she sha11 be recompensed for worh done on this day by being granted compensatory time on a Yime and one half basis or by being paid on a time and one-haif basis for such hours worked, in addirion to his/her regular holiday pay. Employees assigned to a twelve {12) hour sbift shail fiave holiday overtime using a tweive (12} hour valne. ARTICLE 17 - VACATION 17.1 Vacation credits shall accumulate at the rates shown below in ttte 2001 IRS payroli reporting year for each full hour on #he payroll, exciuding overtime. Hours of Vacation .0385 (10 days) .0616 (16 days) .0731 (19 days) .0885 (23 days) .1000 (26 days) Yeazs of Service 1 st year thru 4th yeaz 5th yearthru 9th year l Oth yeaz thru 15th yeaz 16th year thru 23rd yeaz 24th year aztd therea8er � Vacation credits shall accumnlate at the rates shown beIow for the 2002 IRS payrolt reporting year for each full hour on the payroll, excluding overtime. [Rates below reflect the addition of the two floating holidays deteted from Article 16.1 to the vacation schedule]. Hours .0462 (12 days) .0692 (18 days) .0$07 {2I days) .0962 (25 days) .1077 (28 days) I st year thru 4th year Sth yeaz thru 9th yeaz l Oth yeaz thru 15th yeaz 16th yearthru 23rd year 24th year and thereafter 17.2 The head of the department may permit an employee to carry over into the "vacation yeaz" up to one-hundred twenty (120) hours of vacation. For the purpose of this articIe the "vacation year" shall be the fiscal year (TRS payroll reporting yeaz). r � zo ARTICLE 17 - VACATION (Continued) 173 The above provisions of vacation shall be subject to the Saint Paui Salary Plan and Rates of Compensation, Section I, Sub. H. �7.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eightg days, heJshe may convert any part of such excess of vacation at the rate of one-half day's vacation for each day of sick leave credit. The maximum number of days' vacation allowed by the conversion of sick leave credits shall be no more than five days in any one "vacation yeaz". ARTICLE 18 - WAGE SCHEDULE 18.1 The wage schedule for purposes of this contract shall be Appendix A attached hereto. The basic hourIy wage rates in Appendix A reflect the foliowing increases: 2001 Effective O 1l01 /2001 2.75% (closest pay period) 2002 Effective O1fO1J2002 3.00% (closest pay period) Retroacti��e pay adjustments shall appiy to all active employees of the bazgaining unit on the date of signing of the agreement except those who have been terminated for cause. �RTICLE 19 - STRIKES, LOCKOUTS, WORK INTERFERENCE 19.1 The Union and the Employer agree that there shall be no strikes, work stoppages, slow-downs, sit- downs, stay-ins, or other concerted interference with ihe Employer's business or affairs by said Union and/or the members thereof, and there shali be no bannering during the existence of this Agreement without first using all possible means of peaceful settlement of any controversy which may azise. ARTICLE 20 - NON-DISCRIMINATION 20.1 The terms and conditions of this Agreement will be applied to empioyees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, or because of membership or non-membership in the Union. 20.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibii'aties involve other employees and the general public. . 21 ARTICLE 21 - SAFETY ST30ES/LTNIFORMS 21.1 The Employer agrees to pay $50.00 per year towazd the cost or repair of a pair of safety shoes purchased by an employee who is a member of tlus unit. The Employer shall contribute towazd the cost of one p' of shoes per contract yeaz and shall not be responsible for any additionai cost for any additional shoes� thereafter. The contribution shalI be accumulative from yeaz to yeaz, to a maximum benefit of $150.00 should an employee not ufilize the benefit during a calendar yeaz. This reimbursement shall be made only after investigation and approval by the immediate supervisor of that employee. T'he Employer contribution shalI appTy onIy to those employees who are required by the Employer to weaz protective shoes or boots. 21.2 For the purposes of this section 21.2, it is understood that employees shalt only be reimbursed for uniform items that aze qualified as non-taxable and reixnbursable under ihe Water Utility's uniform policy. Each employee employed by the Water UtiIity on 1/1/Ol who chooses to participate in the uniform program at the Water Treatment Plant shall receive a one-time uniform reimbursement for initial unifarm items purchased up to $389. Any new employee hired after 1/1/Ol who chooses to participate in the uniform program shalI receive a one-time uniform reimbursement for inirial uniform items purchased up to $289. Employees shall not receive any other uniform reimbursement for the remainder of the year 2Q01. Beginning in 2002, newly hired employees shall receive a one-time reimbursement for initial uniform items purchased up to $289.00. The Employer agrees to provide a uniform allowance of up to $100 per calendaz yeaz towazd the cost of replacing unifortns for those employees who have participated in the unifortn program in the previous year. EmpIoyees must provide proof of uniform purchase to be reimbursed. Employees participating in the program are responsible for caze and upkeep of the unifortn, must weaz the uniform and must retum ali reimbursable items to the Water Utility upon termination. 213 The City shail fiunish uniforms at no cost to employees required to wear a uniform who work in the � Sewer Division of the Public Works Degartment. The Emplayer shall retain the discretion to determine the uniform to be worn. 21.4 The Pazks & Recreation Department shall fiunish uniforms at no cost to empioyees in the title of Pazk Securit�� Officer. The Employer shall retain the discretion to determine the unifomi to be wom. 21.5 The Police Departsnent shali funu � rms at` '-the title of *Pazk Ranger and Police Security Ranger. The EmpIoyer shatl retain the discretion to determine the uni orm a . For f�zll-time permanent Police Security Rangers and *Park Ranger the EmpIoyer agrees to pay $75.00 per calendaz year toward the purchase of one pair of boots to a maximum benefit of $I50.00 should an employee not utitize the benefit during a previous calendar year. 21.6 Except for Water Utility employees choosing not to participate in the uniform program as described in 21.2, all, employees working in any City Department who are provided a uniform shall wear such specified uniform. � f��r? ARTICLE 22 - TERMS OF AGREEMENT 22.1 Complete Agreement and Waiver of Bargaining - This Agreement shall represent the complete Agreement between the Union and the Employer. The parties acknowledge that during the negotiations • which resulted in this Agreement, each had the unlunited right and opportunity to make requests and proposals with respect to any subject or matter not removed by Iaw from the area of coilective bargaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opporiunity aze set forth in this Ageement. Therefore, the Employer and the Union, for the life ofthis Agreement, each voluntarily and unqualifiediy waives the right, and each agrees that the other shatl not be obligated to bazgain coliectively with respect to any subject or matter referred to or covered in this Agreement. 22.2 Sa�•ings Clause - This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Saint Paul, In the event any provision of this Agreement shall hold to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisian shall be voided. All other provisions sha12 continue in fuli force and effect. 223 Terms of Agreement - Except as herein provSded, this Agreement shaIl be effective as of the date it is executed by the parties and shall continue in full force and effect thru the 31 st day of December, 20Q2, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend, or modify this Agreement shali notify the other in writing so as to compiy with the provisions of the Public Employment Labor Relations Act of 1984. In witness thereof the parties have caused this Agreement to be executed tlus _(� day of May 2001. �.4 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 ratificataon by the Union. . 23 ARTICLE 22 - TERMS OF AGREEMENT (Continued) C� � . WITNESSES: CITY OF SAINT PAUL ` �I1 D 1 Katherine Meg Date Labor Relations irector INTERNATIONAL tJNION OF OP ING ENGINEERS, L CAL O. 7 O �=i� Business Manager Date �-�" �. �j5 //-U/ Pre 'dent � 5 = /(-o l Recording Secretary Date Business Represen f ���F�t`f� Negoriating Comsnittee �' ��Gc � Nego iating Committee � c? V Negotiating Committee Date S-t/-o` Date ' J`�-/� D{ Date i �' � p i / ��.- m � s'��/o/ Negotiating Cosntnittee Date �/s� ei.-� �`>`7 ll O( Negotiating Comm� itte� Date y �� os-y„�6� Negotiating Committee Date 24 ` APPENDIX A - WAGES ' � � � The wage rates and salary ranges for ciassifications in this unit are as follows: GRADE_OlU 502 AOUSE CUSTODIAN II A {1) 12J30/00 13.70 12/29J01 14.11 A (1) Start 12/30J00 15.74 12{29/O1 16.21 S (2) 6 mo. 16.20 16.69 GRADE 02U 231 CUSTODIAN 231M MODIFIED DUTY WORKER-CUSTODIAN C D (3) (4) 1-yr. 2-yr. 16.47 16.97 16.96 17.48 GRADE 03U 131 CUSTODIAN-ENGR I 631 CUSTODIAN-ENGR I--LIBRARY 632 CUSTODIAN-ENGR I--PIIB SAFETY 131M MODIFIED DUTY WKR-CUST ENG I A (lj Start 12/30/00 18.00 12/29j01 18.54 B t2) 6 mo. 18.61 19.37 GRADE 04U 132 CUSTODIAN-ENGR ZZ 605 CLISTODIAN-ENGR II--LIBRARY . A 8 (1) (2) Start 6 mo. 12/30J00 18.41 19.45 12/29j01 18.96 20.03 -Al- APPENDIX A - WAGES (Continued) ' GRADE OSV 133 CUSTODIAN-ENGR III 056A CUSTODZAN-ENGR III--LIBRARY A (1) Start 12/30/00 I9.80 12/29/O1 20.39 B (2) 6 mo. 20.65 21.48 GRADE 06U 585 MAZNTENANCE WORKER A (1? Start I2/30/00 19.89 12/29/O1 20.49 B (21 6 mo. 20.67 21.29 GRABE 07U 180 •FTLTER PLANT OPERATOR I A (1) Start 12/3D/00 19.47 12/29/01 20.D5 B (2) 6 mo. 20.26 2D.87 GRADE OBU S15A WATER PLANT OPERATOR I A B (1} �2) Star 12/30/00 19.80 20.58 12/29/O1 20.39 21.20 GRADE 09U 286A OPERATING ENGINEER 378 PIIMPING ENGINEER 22 602A WATER TREATMENT PLANT OPER. II A (1) Start 12/30/00 20.62 12/29/O1 21.24 8 (2) 6 mo_ 2I.46 22.10 , S i � L '�' L APPENDIX A - WAGES (Continued) GRADE l0U 420 SEWER PUMPING STA OPR � A (1) Start 12f30/00 21.53 12l29/O1 22.16 B (2) 6 mo. 22.32 22.99 GRADE 11U 624A CHEMICAL FEED SYSTEM REPAZRER A (11 Start 12Iso/oo zi.ao 12/29/Q1 21.84 B i2) 6 mo. 22.03 22.69 GRADE 12U 281 PUMPING ENGINEER III \J A B (1) I2) Start 6 mo. 12j30/OD 22.39 23.30 12/29(OS 23.06 24.00 GRABE 13A 779M MODIFIED DUTY WORKER-SEC OFFCR A B C D E F 10-yr. 15-yr. f1) (2) {3) {4) (5) (6) (7) (8) 12/30/00 1061.14 1104.10 1143.68 1186.69 1232.97 1284.16 1310.51 1393.56 12/29/O1 1092.97 1137.22 1177.99 1222.29 1269.96 1322.68 1349.83 1393.87 GR�DE 13M 234 CUSTODZAN (I,ZGHT DUTY) r 12/30J00 861.98 890.69 919.42 949.27 982.B0 1016.23 1037.82 1060.47 12/29J01 887.84 917.41 947.Q0 977.75 1012.28 1046.72 1068.95 1092.28 '�' APPENDIX A - WAGES {Continued) GRTaDE 13U 670 WATER PLANT AID& A B (1) (2) Start 6 mo. 12/30/00 I8.01 18.84 12/29/OI 18.55 19.41 GRADE 15U A 11) Start 12/30/00 19.42 12/29/O1 20.00 B (2) 6 mo. 20,48 21.09 GRADE 16U 464 SUPERVISING STATIONARY ENGR A (1) Start 12/30/QO 20.48 12/29/OI 21.09 B (2) 6 mo. 21.27 21.91 GRADE OI7 A B C D 5 F 10-yr. 15-yr. (1) (2) (3) (4) {5) (6) (7? {$7 12/30/OD 922.71 956.68 991.93 1029.80 1070.29 1113_42 1142.14 1168.24 12 �. 8..102Z.69 1060.69 1102.40 1146.82 1176.40 1203.29 GRADE 17A 519 SECURITY OFFICER-WATER UTILITY 12/3D/DO 1115.94 1151.94 1189.29 1229.48 1272.83 1321.00 1354.27 1364.42 12/29/O1 1149.42 1186.50 1224.97 1266.36 1311.01 I360.63 1394.90 1425.95 • • � -A4- v • APPENDIX A - WAGES (Continued) + GRADE 17U 806 TRAINEE(CVSTODIAN ENG2NEER) . A (1) Start 12/30J0� 9.71 12/29/O1 10.00 A (it Start 12/30/00 14.02 12/29/O1 14.44 GRATJE 18U 168A CUSTODIAL WORKER C D i3) (41 1-yr. 2-yr. 14.74 15.25 15.18 15.71 GRADE 20U 216A BUSLD MAINT ENGZNEER A (1) . z2/ao/oo 20.�0 12/29(Ol 21.32 � A (1) 0-500 xrs. 12/30/00 9.43 12J29/01 9.71 B (2) 6 mo. 1Q.�2 10.32 B t2) 6 mo. 14.44 14.87 GRADE 21U 259A *PARK RANGER - (POLICE) 259M MODIFIED DUTY WKR-PARK RANGER 656A PARR SECURITY OFFICER - (PARKS) B C D (2) (3) (4) 501-1000 1001-150D 1501+ xrs. Hrs. Hrs. 9.99 10.56 11.35 10.29 10.86 11.69 A B (1) (2) Start 6 mo. 12/30/00 9.43 10.93 12J29/O1 9.71 11.26 GRP.DE 22U 1178 POLICE SECURITY RANGER - (POLICE) C D E F G (3) (4) (5) (6) (7) 1-yr. 2-yr. 4-yr. 5-yr. 10-yr. 11.35 11.92 12.49 12.92 13.76 11.69 12.28 12.86 13.31 14.17 S� APPENDIX A - WAGES (Continued) Personnel hired for employment with the City after the date of the signing of tkis agreement, to a class listed in ARTICLE i above, shall be compensated at the "0 - 6 months" hourly wage rate during their probationary period. After completion of the probationary period the empioyee shail be paid at the "aRer 6 months" hourly wage rate. Employees promoted from any class listed in ARTICLE 1 above to an}� class Iisted in ARTICLE 1 above shaIl receive the "after 6 months" houriy wage rate. Temporary employees shall be paid the inimum rate indicated in trris APPENDIX for the classificafion in which they are emptoyed. • r � L, -A6- APPENDIX B- COMO PARK CONSERVATORY/ZOO LAYOFFS I3otwithstanding ARTICLE 5.3 of this Agreement, in the event it is determined by the EMPLOYER that • it is necessary to reduce the work force at the Como Park ConservatoryiZoo wark station, employees wi11 be laid off based on the inverse order in which their names appeaz in this Appendix B, regazdless of the classification indicated following their name. Appendix B will only apply to the named empioyees herein as long as they remain continuously employed 'ut the classification indicated and at the Como Pazk Conservatory/Zoo work station. In the event an employee's classification or work station is changed, this AppendiY B wili no longer be applicable to such employees. EMPLOYEE Edward Erichsen Thomas Stellwag Kenneth Reding Dennis Hermann CLASSIFICATION Custodian-Engineer II Operating Engineer Operating Engineer Operating Engineer This Appendix B will sunset when the last Custodian-Engineer II leaves the Como Park Conservatory(Zoo work station. � ' -Bl- 0���>����L RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented by_ Referred To Council File # � � - S�.jt Green Sheet # 106838� Committee Date 0 RESOLVED, that the Councii of the City of Saint Paul hereby approves and ratifies the attached 20Q1-2002 Labor Agteement between the City of Saint Paul and the Intemational Union of Operating Engineers Loca170. Requested by Deparhnent of: � App � �.___ a . 4� ., roved by Mayor: Date ��� Z r �� � Office of Labor Relarions By: / Form App v i Attomey By; [il Approved by A ayor for Si b ission to Council By: L 1 Adopted by Council: Date \ � 00 Adoption Certified by Council retary I D�enx'rn�rrrro�c�r�ov�vcu.: LABOR RELATIONS COIVTACP PERSON & PHONE: JIJLIE KRAUS 266-6513 MUST BE ON COUNCII, AGENDA BY (DA1'E� Ivfay 23, 2001 TOTAL#OFSIGNATURE D"'� �rr,�''�D GREEN SHEET May 14, 2001 � INIITN./Da1E ASSIGN 7 DEPARTMENT DiR� j� 4 PIIMBER 2 CTTY ATIORNEY �) e FOR BUDGETDIIt ROiT17NG 3 N3AYOR (OR ASST.) o�xn� ALL No.: 106838 o�-sas� 1NI77ALDATE CITY COUNCII. CI1'Y CI,ERK FIN. ffi MGT. SERVICE DIR. acrioN �QUES-rEn: This resolution approves the attached 2001-2002 Labor Agreement between the City of Saint Paul and the Inteinational Union of Operating Engineers Loca170. RECOMIv7INDA1'IONS: AQprove (A) or Reject (R) _PLANNING COMMISSION _CNII. SERVICE COMMISSION _CIB COMMITI'EE STAFF DISTAICT COUR1' SUP40RTS WHICH COUNCIL OB.TECTI'VE? PERSONAL SERVICE CONTRACTS NNST ANSN'ER THE FOLLOWING QUEST10N5: 1. Has tLis perso�/fimi ever worked under a coniract for this department? Yes No 2. Has this person/fimi ever been a ary employee? Yu No 3. Does th�s personifirm possess a skill not noimally possessed by any cutrent c�ty Ye No Explain all yes answers on separate sheet and attach to green sLeet INIITATING PROBLEM,ISSUE, OPPORTUNII'Y (Who, What, When, Where, Why)' Cunent agreement expired December 31, 2000. ADVANTAGESIFAPPROVED: An agreement in place through December 31, 2002. This agreement has been ratified by the union membezs. D[SADVANTAGESIFAPPROVED: None DiSADVANTAGES IF NOT APPROVED� No agreement in place - labor unrest. TOTAL AMOUNT OF'LRAIVSACTION: FUNDING SOURCE: � w. '� �.. ],� " � ���� �. COSTIREVENUE BUDGETED: ACTIVTTY I3I3MBER: FINANCLAL INFORMATION: (EXPI,AIN) ol-5ag ATTACfIMENT TO THE GREEN SHEET Intemational Union of Operating Engineers Loca110 Below is a suuunary of the changes in the Collective Bargainiug Agreement between the City of Sunt Paul and the International Union of Operating Engineers Local 70. Duration: 2 year agreement. Januazy, 1 2001 - December 31, 2002. Wages: 2001: 2.75%effective 1JOU01(closestpayperiod) 2002: 3.0% effective 1/01J02(closest pay period) Health Insurance: The insurance contribution increases follow the same pattern as previously negotiated agreements with other bargaining units and with AFSCME in regard to single insurance in 2002. (monthly rates) 2001 Single: $211.62 + first $40 of any increase (which was $18.22) _$229.84 Family: $382.52 plus the increase in singie insurance up to $40.00 (which was $18.22) _ 400.74. 2002 - first half of the yeaz Single: $229.84 + first $40 of any increase and 50% of the increase over $40. 2002 - second half of the yeaz Single: $229.84 + fuli amount of 2002 premiuxn increase 2002 - all yeaz Family: The 2001 family contribution plus 60% of the family premium increase for 2002 up to $6QQ�. If the increase exceeds $100 the City will pay 40% of the excess increase. Agreed to decrease the years of service required for employees receiving a disability pension. Agreed to prohibit the addition of new dependents (beyond those of record at the time of retirement) to the retiree's health insurance plan at City expense after retirement. Empioyees will no longer be charged for participating in the Flexible Spending Account. Ol-S��' ATTACfIMENT TO THE GREEN SHEET Intemational IInion of Operating Engineers Loca170 Pg 2 Hours of Work: Clarification re: FLSA. Union acknowledged that FLSA overtime as described in Article 7.7 (flex schedules) is based on 40 hours worked (not paid) in a week. Agreed to continue with e�sting flex schedule agreements at Water Utility until a separate meeting can be set up. I3niform Allowance: Agreed to language which better clarifies the uniform reibursement process at the Water Utility. Agreed to a$75.00 boot allowance for permanent Police Security Ranger and *Park Ranger in the Police Department that have passed probation. Agreed to add other clarifying language. Retro Pay: Agreed to language which provides retro pay only for employees who are active on the payroll on the date of signing of the contract. Holidays: Agreed to a change in the process for holiday eligibility determination. ThSs change will make the administration of holidays easier for Payroll staff. Floating Holidays/Vacation Agreed to eliminate floating holidays for 2002 and to move these days into the vacation schedule for 2002. This will eliminate tracking of floating holidays far payroll staff for this bargaining unit. Out of Titie: Notice given and aclrnowledged by Union of change of practice at Water Utility. Effecfive with the approval of the contract. Other language changes: There were rewrites within several articles (Leaves, Severance, Grievance) for purposes of housekeeping, re-ordexing of articles and clarification. o�- SzY A'I`T'ACI�NT TO TI� GREEN SHEET Intemational Union of Operating Engineers Loca170 Pg3 Costs: Wages Health Insurance Increased uniform casts Total: $ 2001 $107,225.94 $ 17,053.92 $ 675.00 $124,954.91 2002 $117,000.00 $ actuals unknown at this time $117,000.00 + insurance costs li . .. . . _ . - . _ . _ - . . _ � � � (5�•. S?$' . 2001- 2002 LABOR AGREEIV�ENT - between - _ " � � � � T�3E _CITY�OF�SAINT "PAI3L . �- - � � - and = �� . . � �- - _ �� � . . � > IlYTE�2NATIOI�AI; IINION OF:OP�RATING � � � � � � � � � ENG�TEER�`� . � -_ � � . �; , _ ,_ . - _ � L(�CAL 70 � �� . , _ � � �. � - - �. _. ,� • INDEX ARTICLE TTTLE PAGE Preamble �' ................................................. u 1 Recognition ................................................1 2 Definitions .................................................I 3 Dues-FairShare ............................................2 4 Union Rights ...............................................2 5 Seniority ...................................................3 6 Management Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Hours, Premium Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Sick Leave ................................................ .6 9 Leave of Absence ............................................6 10 Severance Pay ..............................................8 11 Mileage ..................................................10 12 Residency .................................................11 13 Working Out of Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 � 14 Discipiine/Grievance ........................................ 11 15 Insurance .................................................14 16 Holidays ..................................................19 17 Vacation ..................................................20 18 Wage Schedule .............................................21 19 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 20 Non-Discrimination .........................................21 21 Safety Shoes/Uniforms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 22 Termsof Agreement ........................................23 Appendix A - Wages ....................................... A1 Appendix B - Como Pazk ConservatoryJZoo Layoffs . . . . . . . . . . . . . . B 1 l J i � � � .. . � i . This Agreement has been entered into between the City of Saint Paul, hereafter refened to as the Employer, and Local Union No. ?0, International Union of Operating Engineers, AFL-CIO, hereafter referted to as the Union. This Agreement has as its purpose the promotion of harmonious relations between the Employer and the Union, the establishment of an equitable and peaceful procedure for the resolution of differences, and the estabiishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in full compliance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1984, as amended. 11 ARTICLE 1 - RECOGNITION I.1 The Employer reco�ni2es the Union as the sole and exclusive bazgaining agent fot the purposes of estabIishing wages, benefits, hours and other conditions of employment for all of its employees as � outlined in the certification by the State of Minnesota, Bureau of Mediation Services, under Case No. 73-PR-449-A, as amended, to read as follows: All regulaz, probationary, and provisional engineering and building maintenance personnel who aze employed by the City of St. Paul or who have their "terms and conditions of employmenP' established by the goveming body of the City of St. Paul, and whose employment service exceeds the lesser of 14 hours per week or 35 percent of the normal work week and more than 67 work days per year in the foliowine classifications: Building Maintenance Engineer, Chemicai Feed System Repairer, Custodial Worker, Custodian, Custodian Engineer I, Custodian Engineer I--Library, Custodian Engineer I--Public Safety, Custodian- -Engineer II, Custodian Engineer II--Library, Custodian Engineer III, Custodian Engineer III--Library, Custodian (Light Duty), *Fiiter Plant Operator I, House Custodian II, Maintenance Worker, Modified Duty Worker-Custodian, Modified Duty Worker-Custodian Engineer I, Modified Duty Worker-Pazk Ranger, Modified Duty Worker-Security O�cer, *Pazk Ranger (Police), Pazk Security Officer (Parks), Police Security Ranger (Police), Pumping Engineer II, Pumping Engineer III, Security Officer-Water Utility, Se�ver Pumping Station Operator, Supervising Stationary Engineer, Water Plant Operator I, Water Plant Aide, Water Treatment Plant Operator II, Trainee (Custodian Engineez); excluding supervisory, managerial, clerical confidential, temporary and emergency employees, those exclusively represented by other labor or employee organizations, and ali other employees. � The parties agree that any new classifications which aze an expansion of the above bargaining unit or which derive from the classifications set forth in this Agreement shall be recognized as a part of this bar�aining unit, and the parties shall take all steps required under the Public Employment Relations Act to accomplish said objective. ARTICLE 2 - DEFINITIONS 2.1 Collective Bargaining - The Employer will bazgain collectively with the Union and with respect to rates of pay, hours and other conditions pertaining to employment for all of the employees in the unit hareinbefore set forth. 2.2 Maintenance of Standards - The Empioyer agrees that a11 conditions of employment relating to wages, hours of work, overtime differentials, vacations, and general working conditions shall be maintained at not less than the highest minimum standazd as set forth in the Civil Service Rules of the City of Saint Paul, (Resoluuon No. 3250 and the Saint Paul Salary Plan and Rates of Compensation} at the time of the signing of this Agreement, and the conditions of emplayment shall be improved wherever specific provisions for improvement aze made elsewhere in this Agreement. � ARTICLE 2 - DEFINITIONS (Continued) 2.3 Discrimination - The Employer will not interfere with, restrain or coerce the empioyees covered by this Agreement because of inembership in or activiry on behalf of the Union. The Employer will not discriminate in respect to lure, tenure of employment or any term or condition of employment against any employee covered by this Agreement because of inembersIup in or acrivity on behalf of the Union, nor will it discourage or attempt to discourage membership in tfie Union, or attempt to encourage membership in another Union. 2.4 The term "Employer" shall mean the City of St. Paul or the St. Paul Water Utiliry. ARTICLE 3- DUES - FAIR SHARE 3.1 Dues - The Employer agrees to deduct the Union membership initiation fee assessments and once each month dues from the pay to those employees who individually requesi in writing that such deductions be made. The amounts to be deducted shaIl be certified to the Employer by a representative of the Union and the ag�regate deductions of ali employees shali 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 Fair share - Any present or future employee who is not a Union member shali be required to contribute a fair shaze fee for services rendered by the Union. Upon notification by the Union, the Employer shall check off said fee from the eamings of the ernployee and transmit the same to the Union. In no instance shalf the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representauve in relationship to negouation and administration of grievance procedur� This provision sha11 remain operative oniy so long as specifically provided by Minnesota law, and as othen�ise Iegal. 33 The Union wi1] indemnify, defend and hold the Employer harmless against any claims made and against any suits instituted against the Ciry, its officers or employees, by reason of negligence of the Union in requesting or receiving deducuons under this Article. T'he City wilt indemnify, defend and hold the ann and ainst any suits instituted against the Union, its officers or employees by reason of negligence on the part of the Emp oyer m m ' �� under this Arkcle. ARTICLE 4 - UNION RIGHTS 4.1 The Union may designate employees within the bargaining unit to serve as Union Stewazds and shall be required to administer this Agreement 4.2 The Union shall furnish the Employer and appmpriate Department Heads and Labor Relations Director with a list of Stewards and altemates, and shall, as soon as possible, notify said appropriate City officials in writing of any changes thereto. Only those who aze Officers and Stewards shall be recognized by the Employer for the purpose of ineetings. � 2 ARTICLE 4 - UNION RIGHTS (Continued) 4.3 There shall be no deduction from the pay of a Steward when direcfly involved in meetings with management relating to the administration of this Agreement during working hours. � Designated Union Representatives shail be permitted to visit employees on job sites and at departrnent buildings during working hours for the purpose of the administrarion of this contract. 4.5 Shop Steward - One shop stewazd from each deparhnent will be allowed to accompany an employee's authorized representative during regular working hours for the purpose of wage, salary, or fringe benefit discussions or other problems of their particular concem involving employees of the City of St. Paui under the following conditions: 1) That only one empioyee from any one department be allowed to leave hislher work. 2) That the siewazd be expected to attend these meetings on his/her own time when they are held outside of his/her regular working hours. 3) That adequate notice is given to the department heads so that pernussion may be obtained. 4) That the steward has officially been designated as such by the Union that helshe represents. 5) Union Conventions - Duly elected Union delegates shall be granted time off without pay for one week to attend such convention. Vacation or compensatory time may be used for this purpose. The Union shall give at least ten working days advance notice of the employees who wili be � participating in such conventions. ARTICLE 5 - SENIORITY 5.1 Seniority, for the purpose of this Agreement, shall be defined as follows: The length of continuous, regular and probationary service with the Employer from the date an employee was first appointed to a class title covered by this Agreement, it being further understood that seniority is confined to the current class assignment held by an employee. In cases where two or more employees are appointed to the same class utie on the same date, ihe seniority shali be determined by the employee's rank on the eligible list from which certification was made. 5.2 Seniority shall terminate when an empioyee retires, resigns, or is discharged. 5.3 In the event it is determined by the Employer that it is necessary to reduce the work force, employees w�i11 be laid off by class title within each department based on inverse length of seniority as defined above. � 3 ARTICLE 5 - SENIORITY (Continued) 5.4 In cases where there are promotionaI series, such as Custodian Engineer I, II, III, eta, when Yhe numb of empIoyees in the higher tifles is to be reduced, employees who have held Iower titIes in the bargain� unit will be offered reductions to Yhe highest title to which class senioriTy would keep them from being laid off, before layoffs are made by any class title in any department. 5.5 Recall from layoff shall be in inverse otder of layoff, except that recall riglzts shall expire after two yeazs of layoff. 5.6 It is understood that such employees will pick up their former seniority date in any class of positions that they previously held. ARTICLE 6 - MANAGEMENT RIGHTS 61 The Union recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicabte laws and regulations of appropriate auttiorities. The rights and authority which the Empioyer has not officially abridged, delegated, or modified by this Agreement aze retained by the Employer. 6.2 A pubIic Employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but aze not Iimited to, such areas of discretion of policy as the functions and programs of the Employer, its overall budget, utilization of technology, and organizational shvcture and selection and direction and number of personnel. ARTICLE 7- HOURS, PREMIUM PAY � 7.1 Hours of Employment - The normal work day and the normal work week shall be 8 consecutive hours in an}� 24-hour period anc3 40 hours in any 7-day period. (For employees on a shift basis, this shall be construed to mean aa average of forty hours a weekJ The normal work week shail consist of 5 consecutive normal work days. Within the Division of Libraries, the normal work week shall consist of 5 consecutive no v two 2 consecutive days off. 7.2 Cail-in-Pay� - When an employee is called to work he/she shail receive two hours pay if not put to work. If an employee is catled to work and commences work, he/she shall be guaranteed four straight time hows pay, or one and one-half (1.5) times the employee's nomtat hourly rate for the actual number of hours worked, whichever is greater. These provisions, however, shall not be effecrive when work is unable to proceed because of adverse weather conditions; nor shall these provisions app2y to temporary or emergency employees nor to empioyees employed under any of the titles listed in Section 3.M of the CiviI Serv4ce Rules under the heading "Special Employments"; nor to any person whose regulaz scheduled workday is Iess than four hours. � ARTICLE '7 - HOURS, PREMIUM PAY (Continued) 7.3 Overtime - Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by the order of the head of the department. An Employee shall be recompensed � for work done in excess of the normal hows by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such overtime work. The basis on which such overtime shail be paid shall be detemuned by the employee provided there is money in the budget. In the Division of Libraries, overtime which is scheduled overtime shall be paid at the discretion of the Emploper; overtime which is unscheduled shali be at the choice of the employee provided there is money in the budget. The overtune rafe of one and one-half shall be computed on the basis of 1/80th of the bi-weekly rate. 7.4 Premium Pay - To any employee who works on a regularly assigned shift beginning eazlier than 6 a.m. or ending later than 6 p.m., provided that at least five hours of the shift are worked between the hours of 6 p.m. and 6 a.m., theze shall be paid a night differential far the entire shift. To any employee who works on a regulazly assigned shift, beginning earlier than 6 a.m. or ending later than 6 p.m., but less than five hours of the shift aze worked between the hours of 6 p.m. and 6 a.m., there shall be paid a night differential for the hours worked between the hours of 6 p.m. and 6 a.m. Notwithstanding Section III B of the Saint Paul Salary Plan and Rates of Compensation, employees working at the Water Utility's Filtration Plant and_who aze regulazly assigned to a shift which begins at 2:30 p.m. sha11 be eligible for the night differential as stated in Section III B for the entire shift. 7.5 The night differentia3 shall be 5% of the base rate, and shali be paid only for those night shifts actually � worked; provided, however, that the provisions of this subsection shall not apply to employees holding titles listed in Section II of the Saint Paul Salary Plan and Rates of Compensation under the heading °Special Employments" in this bargaining unit. 7.6 A premium pay of twenty-five (25) cents per hour shall be paid far ail swing stage wark, such as any work performed £rom a boatswain's chair or a swing scaffold, fifty (50) feet or more above the ground. All standard safety laws shall be complied with. 7.� Notwithstanding Article 7.1, employees may, through mutual agreement with the Employer, work schedules other than schedules limited by the normai work day and work week as set forth in Article 7.1. Overtime compensation for employees working under such agreements shall be subject to the provisions, for same, as set forth by the Fair Labor Standards Act. 7.8 For empioyees who wish to share a position, the Employer will attempt to provide options for implementing a sharing arrangement. Such an arrangement must be mutually agreed upon by the Employer and the employees involved. Vacation, holiday, and sick leave benefits for employees who share a position shall be pro-rated based upon the percent of hours warked. Heaith insurance benefits shall be administered in accordance with the provisions of Article 15 (Insurance) of this Agreement. In the event that one of the empioyees participating in the shazed posi6on is temrinated ar terminates employment, the Employer shall post the job sharing vacancy for a geriod of ten (10) days. If, at the end of ten (10) days, such vacancy cannot be filled, the Employer shaIl have the opfion of increasing the remaining employee's work hours. � ARTICLE 7- HOURS, PREMIUM PAY (Continued) 7.9 Articles 7.7, and 7.8 shall not be subject to ihe provisions of Article 14 (Discipline/Grie��ance Procedure) of this Agreement. � ARTICLE 8 - SICK LEAVE 8.1 Sick Leave - Sick leave shali accumulate at the rate of A576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumutation is unlimited. To be eligible for sick leave employees must report to their supervisor no later than one-half hour past their regulaz scheduled starting Yime. The granYing of sick leave shall be subject to the terms and provisions of Resolution No. 3250 of the Ciry of Saint Paul. 8.2 Sick Lea� e For Empioyee - Any employee who has accumulated sick leave credits as provided above in 8.1 sha1I be granted Ieave with pay for absences due to itlness or injury of the empIoyee, for such period of time as the emp2oyee's supervisor deems necessary. Employee may be granted leave v��ith pay for such time as is actuaily necessary for office visits to a doctor, denfist, optometrist, etc. 83 Use of Sick Lea��e For Employee Child - An employee may use sick leave for absences due to an itlness of the employee's cluld for such reasonable periods as the employee's attendance with the child may be necessary, on the same terms the employee is able to use sick Ieave for his or her own illness. 8.4 Use of Sick Leave for ParenY/FIousehoId Member - In the case of a serious illness or disability of ar employee's child, parent, or household member, the head of the depariment shali grant leave with pay� order for the emplo}�ee to caze for or make arrangements for the caze of such sick or disabled persons. Such paid leave shall be drawn from the employees accumulated sick leave credits. Use of such sick leave shall be limited to 40 hours per incident. ARTICLE 9 - 9. t Leave of Absence - After three month's emptoyment, an emptoyee may make application for a leave of absence not to exceed one year. A leave of absence shall be granted on the basis estabiished in the Civil Service Rules (Resolution No. 3250). 9.2 Military Lea��e - Any employee who engages in active service in time of waz or other emergency dectazed by proper authority of any of the military or naval forces of the state or of the United States for which leave is not otherwise aliowed by Iaw shall be entitled to leave of absence from emptoyment without pay during such service with right of reinsiatement and subjeet 2o such conditions as aze imposed by law. Military leave shatl conform to Minnesota Statutes, Secfion 192, as amended from tune to time and shalI confer no additional benefits other than those granfed by said statute. r � L� ARTICLE 9- LEAVE OF ABSENCE (Continued) 9.2(1) Pay Allowance - Any employee who shall be a member ofthe National Guard, the Navai Militia or any other component of the militia of the state, now or hereafter organized or consrituted under state or federal law, or who shall be a member of the Officer's Resen�e Cotps, the Enlisted � Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve componene of the militazy or navai force of the United States, now or hereafter organized or constituted under Federal iaw, shall be entitled to leave of absence from empioyment w�ithout loss of pay, seniority status, efficiency rating, vacation, sick leave or other benefrts for all the time when such employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, provided that such leave shall not exceed a total of fifteen (15) days in any calendar yeaz and, further pro��ided that such leave shall be allowed only in case the required military or naval service is satisfactorily performed, which shall be presumed unless the contrary is established. Such leave shall not be allowed unless the employee: (1) retums to hislher 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 raturning by physical or mental disability or other cause not due to such employee's own fault, or (3) is required by proper authorit�� to continue in such military or naval service beyond the time herein limited for such leave. 9.3 Jury� Duty - Employees who aze required to appeaz in court as jurors or witnesses shall be paid their regular pay cuhile they aze so engaged, provided however, that any fees that employees may receive from the court for such service shall be paid to the Employer and be deposited with the Director of Finance and Management Services. Any employee who is scheduled to work a shift, other than the normal � daytime shift, shall be rescheduled to work the normal daytime shift during such time as helshe is required to appear in court as a juror or witness. 9.4 Maternity and Parental Leave - Pregnant employees of the City of Saint Paul shall be eligible for the use of paid sick leave and unpaid leave of absence in the same manner as any other disabied or ill City employee. Such paid sick leave eligibility shall begin upon certification by the employee's attending physician that the employee is disabled in terms of her ability to perform the duties of her position. A twelve (12) month Parentai leave of absence without pay shall be granted to a natural pazent or an adoptive parent, who requests such leave in conjunction witt� the birth or adoption of a child. Such leave may be extended an additional twelve (12) months by mutual agreement between the empioyee and the Employer. Refusal on the part of the Employer to grant an extension of such leave shall not be subject to the provisions of Articlel4 of this Agreement. Employees who retum following such leaves of absence shall be piaced in a position of equivalent salary and tenure as the one held just prior to the beginning of their leave. 9.5 School Leave - An employee shall be granted up to a tota] of si�cteen (16) hours during a school yeaz to attend school conferences or classroom activities related to the employee's child, provided the conferences or classroom activities cannot be rescheduted during non-work houts. If the need for the leave is foreseeable, the employee must provide re.asonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operation of the Employer. An � employee shall be allowed to use vacation or compensatory time for this leave; otherwise this leave shall be without pay. 7 ARTICLE 9- LEAVE OF ABSENCE (Continued) 9.6 Funeral Leave - Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, shall be granted such leave to attend the funeral of the employee's grandpazent or grandchitd and as much time as the Employer deems necessary for the death of the emptoyee's mother, father, spouse� chifd, brother, sister, mother-in-law, father-in-law or other person who is a member of the household. ARTICLE ZO - SEVERANCE PAY 10.1 General. The Employer shall provide three (3) severance pay pIans as set forth in this Article. The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 1 I490. This severance pay program shall be subject to and govemed by tke provisions of City Ordinance No. I 1490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of tlus article shalI control. 10.2 Eiigibility. Any employee hired prior to December 31, 1983, may, upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. I6303, section i, section 6, draw severance pay under the terms of any of the three severance plans described in this article. Any employee hired after December 31, 1983 but prior to June 26, 1990 shall only be entitled to participate in Plan 2 or 3 as set forth in this article. Any empioyee hired on or after June 26, 1940 is eligible to participate only in plan 3 as set forth in this article. The election by the employee to draw severance pay under either this article or the ordinance shall constituTe a bar to receiving severance pay from the other. 103 Plan 1. Plan 1 is the severance pay plan described in Ordinance No. 11490, as amended by Cit�� Ordinance A'o. 16303. 10.4 Plan 2. In addition to the eligibility requirements set forth in 1Q.2 above, an employae must meet the � follow�ing requirements to receive a benefit under plan 2. (i) The empioyee must be 58 years of age or older or must be eligible for pension under the °rule of 8�" if applicable, or the "rule of 90" provisions of the Pubiic Employees Ret[rement Association (PER.A). The "rule of SS" or the "rule of 90" criteria shall also apply to employees covered by a public pension pian other than PERA. (2) The employee must be voIuntarily separa e have been subjeci to separation by lay-off or compulsory retirement. Those employees who are discharge or c' misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. For the purpose of this severance pragram, a death of an employee shall be considere@ as segazarion of employment, and if at the time of his or her death, ihe employee would have met all of the requirements set forth above, payment of the severance pay ma}- be made to the employee's estate or spouse. For the purpose of this severance prograzn, a uansfer from the City of Saint Paul employment to Independent School District No. 625 employment is considered a separation of employment, and such uansferee sha11 be eligible for the City severance program. (3) Tke employee must have at least ten (I O) yeazs of consecutive service under the classified or unclassified Civil Service at the ume of sepazatioa. For the purpose of this Arricle, service requirements for severance eligibility will not include yeazs of service with Schooi District #� for employees hired by the CiTy, or transferred to the City after December 31, 1998. E3 ARTICLE 10 - SEVERANCE PAY (Continued} (4) The employee must file a waiver of re-emgloyment with the Director of Human Resources, which �ill cleazly indicate that by requesting severance pay, the employee waives all claims to � reinstatement or re-employment (of any type}, with the City. (5) The employee must have accumulated a min;mum of sixty (60) days of sick leave credits at the time of hislher separatian from service. (6) If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she wiil be gtanted 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 of 200 accrued sick leave days. {7) The masimum amount of money that any empioyee may obtain through this severance pay program is $6,500. 10.5 Plan 3. In addition to the eligibility requirements set forth in 10.2 above, an employee must meet the following requirements to receive a benefit under P1an 3. (1) The employee must be voluntarily sepazated from the City employment or have been subject to separation by layoff or compulsory retirement. Those empioyees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the city severance pay program. For the purpose of this severance program, a death of an employee shall be considered as sepazation of employment and if the employee would have met all of the � requirements set forth above, at the time of hislher death, payment of the severance pay shali be made to the employee's estate or spouse. For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is considered a separation of employment, and such transferee shall be eligible for the Ciry severance program. (2) The employee must file a waiver of re-empioyment with the Human Resources Director, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or re-employment (of any type), with the City. (3) T'he employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of his sepazation from the service. (4) If an employee requests severance pay and if the employee meets the eligibiliry 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 heid by the employee on the date of sepazation for each day of accrued sick leave subject to a maximum as shown below based on the number of yeazs of service in the Ciry. � G9 ARTICLE 10 - SEVERANCE PAY (Continued} Years of Service with the City At Least 2d 21 22 23 24 25 ARTICLE ll- CTTY MILEAGE Maximum Severance Pay $ S,fl00 $ 6,000 $ 7,OOd $ 8,000 $ 9,000 $10,000 � 11.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the folIowing provisions aze adopted. 11.2 Method af Computation: To be eligibie for such reimbursement, all o�cers and employees must receive written authorization from the Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the raYe of $4.00 per day for each day� the employee's vehicle is actually used in performing tYie duties of the empIoyee's position. In additian, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines ffiat an employer vehicle is avaiiable for the employee's use but the employee desires to use his/her own automobile, *�-......—+h_�P___P*rvtlovee shall be reimbursed at the rate of $.20 per mile driven and shali not be eligible for any per Type 2. If an employee is required to use his/her own automobile REGIJLARLY during employment, the empIoyee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the empIoyee shall be reimbwsed $.20 per mile for each mile actually driven. If such employee is required to drive an automobite during employment and the department head or designated representative determines that an empToyer veivcle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligibte for any per diem. � 10 ARTICLE I1- CTTY MILEAGE (Continued) 113 The Ciry will provide parking at the Civic Center Pazking Ramp for City empioyees on either of the � above mentioned types of reunbursement plans who are required to have their personai cat available far City business. Such pazking will be provided only for the days the employee is required to bave his or her own personal car available. 11.4 Rules and Rewlations: The Mayor shall adopt rules and regulations goveming the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further requ'ue that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personal in}ury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single 1'unit coverage, with the City of Saint Paul named as an additional insuted. These rules and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. ARTICLE 12 - RESIDENCY 12.1 The Residenc}� Resolutian effective August 4, 1979, in Council File No. 273378 shall appiy to ail employees covered by this Agreement. ARTICLE 13 - WORKING OUT OF CLASSIFICATION 13.1 � Employer shall avoid, whenever possibie, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignxnent for a period in excess of fifteen (I S) working days shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16th) day of such assignment. For the purpose of this Article, an out-of-class assignment is defined as an assignment of an employee to perform, on a full time basis, all of the significant duties and responsibilities of a position different from the employee's regulaz position, and which is in a ciassification higher than the classification heid by such employee. The rate of pay for an approved out-of-ciass assignment shall be the same rate the employee would receive if such employee received a regular appointment to the higher ciassification. ARTICLE 14 - DISCIPLINE/GRIEVANCE 14.1 The Employer will discipline employees for just cause only. Discipline wiil be in the form of: (1) Oral reprimand; (2) Written reprimand; (3) Suspension; (4) Reduction; (5) Dischazge 14.2 A notice in wrifing of Suspensions, Reductions and Dischazges shall be sent to the employee and the union seventy-two (72) hours after such action is taken. � 11 ARTICLE 14 - DISCIPLINE/GRIEVANCE (Continuect) 14.3 Employees and the Union will receive copies of written reprimands and notices of suspension and � discharge. 14.4 Emplayees may examine all information in the Employer personnel fiie that concems work evatuarions, commendations and/or disciplinary actions. Files may be exanvned at reasonable times under tfie direct supervision of the Employer. 14.5 Discharges wiIl be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or Unian may request, and shall be entitled to a meeting with the Employer representative who initiated the suspension with infent fo dischazge. During said five (5) day period, the Employer may affirm the suspension and dischazge or may modify, or withdraw same. 14.6 An employee to be questioned concerning an investigation or disciplinary action shall have the right to request that a Union representative be present. 14.'7 The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shatl notify the Employer in writing of the names of the Stewards and of the'u successors when so named. 14.8 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 invoIved and a grieving employee shail suffer no loss in pay when a grie�rance is processed during wotking hours, grovided, the Steward and the employee have notified received the approvai of their supervisor to be absent to process a grievance and that such absence wouid not be detrimental to the work programs of the Employer. 149 The procedure established by this Articte shall be the sole and exclusive procedure for the pmcessing of grievances, which aze defined as an alIeged violation of the tenns and conditions of tivs Agreement. It is understood that issues not related to terms and conditions of employment (for example: topics listed in n�i - erformance reviews, examinafions and classi$cation) sha11 continue to be processed in accordance with the grievance pr ivil Service Rules. Grievances shali be resolved in confarmance with the foilowing procedure: Step 1. Upon the occurrence of an alleged violation of this AgreemenY, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the mattez is not resoIved 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 aileged section(s) of the Agreement violated, aad the relief requested. Any alleged violation of the Agreament not reduced to writing by the Union within fourteen (14) calendaz days of the first occurrence of the event giving rise to the grievance or within the use of reasanable diligence should have had knowledge of the first occuirence of the event giving rise to the grievance, shall be considered waived. � 12 ARTICLE 14 - DISCIPLINE/GRIEVANCE (Continued) Step 2_ Within seven (7) calendaz days after receiving the written grievance a designated Employer supervisor shall meet with the Llnion Stewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shali 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) calendaz days following receipt of the Employer's written answer. Any grievance not referred in �°riting by the Union within seven ('7) calendaz days following receipt of the Employer's answer shall be considered waived. Step 3. Within seven (?) calendar days foilowing receipt of a grievance refened from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or his designated representative and attempi to resolve the grievance. Within seven (7) calendaz 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 refened to in rvriting by the t3nion to Step 4 within seven ('7) calendar days following receipt ofthe Employer's answer shail be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendaz 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 azbitrator to be selected by mutual a�reement of the Employer and the Union wathin seven (7) calendaz days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Bureau of Mediation Services 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 (l st} name; the Employer shali then strike one (1) name. The process wi11 be repeated and the remaining petson shall be the arbitrator. 14.10 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The azbitrator sha11 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 azbitrator shail be without power to make decisions conuary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The azbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearang or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decislon shall be based solely on the arbitrator's interpretation or application of the expzess terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Empioyer, the Union, and the employees. 14_ i l The fees and expenses for the arbitrator's services and proceedings shali 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. 14.12 The time limits in each step of this procedure may be ea�tended by mutual agreement of the Employer . and the Union. 13 ARTICLE 15- INSURANCE Active Employee Insurance 15.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by� the Empioyer shali be solety controlled by the contracts negotiated by ttie Empioyer and the benefit providers. The Emptoyer wil! attempt to prevent any changes in the benefits offered by the benefit providers. However, the employees selecting the offered pians agree to accept any changes in benef ts which a specific provider implements. 15.2 For the purpose of this Article, full-fime employment is defined as appearing on the payroll an average of at least 32 hours pet week for the iwelve (12} month period preceding the annuai open enroIlment or special enrollments, or for the six (6) month period preceding initial enrollment. Three-quarter time employment is defined as appearing on the payroll an average of at least 26 hours per week, but Iess than 32 hotus per week, for the twelve (IZ} month period preceding the annual open enrollment or special enrollments, or for the six (6) month period preceding initial enrollment. Half-time employment is defined as appearing on the paym2l at teast 20 hours per week, but less than 26 hours per week, for the twetve (I2) month period preceding the annua2 open enrolIment or special enrollments, or for the six (6} month period preceding the inirial enrollment. 153 For each eligible employee covered by this Agreement who is employed half-tune and who selects employee health insurance coverage, the Employet agrees to contribute fi8y percent (50%) of the amount contributed for full-time employees selecting empioyee coverage in the same insurance plan. For each half-time employee who selects family health insurance coverage, the Employer agrees to contribute fifiy percent (50%} of the amount contributed for fult-time employees selecting farnity hea� insurance coverage in the same insurance plan. For each eligible employee covered by this Agreement who is employed three-quarter time and who seIecYS employee heaIth insurance coverage, the EMPLOYER agrees to contribute seventy-five (75%} of the amount contributed for futl-time empioyees selecting employee coverage. For each three-quarter time employee who selects fanuly health insurance coverage, the EmpIoyer agrees to contribute seventy- cent 75%) of the amount contributed for fuli-time employees selecting family heatth insurance coverage. 14 ARTICLE 15 - INSURANCE (Continued) 15.4 Effective for the January 2001 insurance premiums, for each eligible empioyee covered by this � Ageement who is employed full-time and who selects singie empioyee health insurance coverage provided by the Employer , the Employer agrees to contribute $211.62 [amount of 2006 single premiumj per month plus any increase 9n the 2001 single health insurance premium up to forty ($40.00) per month. If the 2001 single health insurance premium increase is over forty {$40.00) dollazs, the Employer will contribute 50% of the amount over forty ($40.00} dollazs. [For 2001, because the increase to the singIe premium is $18.221month, the City continues to pay 1Q0%a of the single premium]. 15.5 � �, � For each eligible full-time employee who selects fanuly health insurance covera�e, the Employer will contribute $382.52 [amount of the 2000 family premium] per month, plus an amount equal to the 2001 single heaith insurance premium increase up to forty ($40.00} dollars. If the 2001 single heaith insurance premium increase is over forty ($40.00) dollars, the Employer will contribute 50% of the amount over forry ($40.00) dollars. (For 2�01, because the increase in the single premium is $18.221month, the Employer's contribution to the family premium will be $400.74]. The parties agree to the following arrangement for 20�2 single insurance premiums with the explicit understanding that language agreed to for any time period during 2002 sets no psecedent one way or anoiher u�ith regard to 2003. The parties must renegotiate the method for determining the Employer contribution for 2003. If an agreement on the level of contribution for 2003 is not reached by the beginning of the 2003 insurance year, the City will follow its standard procedure for processing of the premiums unti] an agreement is reached (i.e. City follows language in effect on 12/31/02 until a successor agreement is reached). Effective for the January 2002 - June 30, 2002 insurance premiwns, for each eligible employee covered by this Agreement who is employed full-time and who selects single employee health insurance coverage provided by the Employer, the Employer agrees to contribute the 2001 contribution plus an increase up to forty ($40.00) doliars per month. If the singie health insurance premium increase for 2001 exceeds forty ($40.00) doilazs per month, the Employer will contribute 50% of the amount over forty ($40.00) dollazs. Effective for the July 1, 2002- December 31, 2002 insurance premiums, for each eligible employee covered by this agreement who is employed full-time and who selects single employee healih insurance coi�erage provided by the Employer, the Employer agrees to contribute the 2001 contribution plus an increase up to the full cosUmonth of the 2002 premium. For each eligible fuli-time employee who selects family health insurance coverage, the Employer will contribute the 2001 contribution plus 60°l0 of the family premium increase in 2002 up to $60.00. If the 2002 family premium increase exceeds $100.00, the City will pay 40% of the excess increase. If in either year the number of plans increases, the increase will be based on the average premium. 15 ARTICLE 15 - INSITRANCE (Continued) 15.6 Notwithstanding Article 153, eligible employees covered by this Agreement and employed half-time prior to January l, 1986, shall receive the same insurance contributions as a fult-time employee. This � Article, 15.6, applies only to eligible employees who were employed half-time during the month of December, 1485, and shall continue to apply only as long as such employee remains continuously empIoyed half-time. Refiree Insurance 15.7 Empioyees who retire must meet the following conditions at the time of retirement in order to be eligible for the Employer contributions, listed in Sections 15.$ through 15.11 beiow, toward a health insurance plan offered by the Employer: (1) Be receiving benefits from a pubiic empIoyee retirement act at the time of retirement, and (2) Have severed his/her relationship with the City of Saint Paul for reasons other than misconduct, and (3} Have compieted at least 20 years with the Ciry of St. Paul or 15 years if receiving a disability pension. (4) Sen ice requirements for retiree heaSth insurance eiigibility will not include years of service with School District #625 for employees hired by the Ciry, or transferred to the City, after December 31, I998. � (S) Additional dependants beyond those of record at the time of reYirement may not be added to the retiree's health insurance plan at City expense after retirement. Early Retiree Section shall apply to full time employees who: (1) Retire on or af[er January 1, 1996, and (Z) Were appointed on or before December 31, 1995, and (3) Have not attained age 65 at retirement, and (4) Meet the tenns set forth in Section 15.7 above, and (5) Select a heaith insurance plan offered by the Employer Until such employees reach sixty-five (65) years of age, the Employer agrees that for retirees selecting single coverage, the Empioyer will provide the same contabution as is provided for active employees selecting single coverage undei this Agreement This amount, however, shati not exceed $350.00 per monih. � 16 ARTICLE 15 - INSURANCE (Continued) For employees selecting family health insurance covernge, the Employer will contribute $3�0 per month toward the premium for family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. � When such eazl}� retiree attains age 65, the provisions of Section 15.10 shall appiy. 15.9 This Section shall apply to full time empioyees who: (1) Retire on or after January i, 1996, and (2) Were appointed on or after January i, 1996, and (3) Ha��e not attained age 65 at retirement, and (4) Meet the conditions set forth in Section 15.7 above, and (5) Select a health insurance plan offered by the Employer. Until such retirees reach sixty-five (65) years of age, the Employer agrees to contribute a maximum of $300.00 per month toward the cost of single or family health insurance coverage. Any unused portion sha11 not be paid to the retiree. VJhen such eazly retiree attains age 65, the provisions of Section 15.11 shall apply. Regular Retirees (Age 65 and over) I 5.10 This Section shall apply to full time employees who: (1) Retire on or after January i, 1996, and (2) Were appointed on or before December 31, 1945, and � (3) Have attained age 65 at retirement, and (4) Meet the terms set fQrth in Section 15.7 above, and (5) Select a health insurance plan offered by the Employer The Employer agrees to contribute a maa�imum of $350,00 per month towazd the premium for single or family health insurance coverage offered by the Employer to regulaz retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Section shall also apply to early retirees who retired under the provisions of Section 15.8 when such eazly retirees attain age 65. 15.11 This Section shall apply to fu11 tune employees who: (I ) Rerire on or after January 1, 199b, and (2) Were appointed on or after January 1, 1496, and (3} Have attained age 65 at retirement, and (4) Meet the terms set forth in Sections 15.7 above, and (5) Select a health insurance plan offered by the Employer � 1? ARTICLE 15 - Il\TSURANCE (Continued) The Employer agrees to contribufe a m�imum of $300.00 per month toward the cost of single or family health insurance coverage offered to regular retirees and their dependents. Any unuse@ portion shali not be gaid to � retiree. This Section shall also apply to early retirees who retired under the provisions of Section 15.4 when such early retirees attain age 65. 15.12 If an empioyee does not meet the condition of Section 15.7(3), but does satisfy the conditions in 15.7(1) and (2}, he/she maq pnrchase single or family health iasurance coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by the reriree. 15.13 A retiree may not carry his/her spouse as a dependent if such spouse is also a City retiree or City empioyee and eligible for and is enrolled in the City's health insurance program. 15.14 For each eli�ible employee the Emptoyer agrees to contribute the cost $20,000 of life insurance coverage. I5.15 Any cost of any premium for any City offered employee or family insurance coverage in excess of the dallar amounts stated in this Article shall be paid by the employee. 15.16 The Employer will provide a system whereby the employee's contribution toward the premiums for the emptovee's selected health insurance coverages can be paid on a pre-tax basis. Employees covered by the Agreement wiIl be eligible to participate in the FIe�ble Spending Account as offered by the � Employer. The service fee charged to participating employees shall be paid by the Employer. 15.17 Employees covered by titis Agreement shall be eligible to participate in the DependenY Care Reimbursement Account offered by the Empioyer. The service fee chazged to participating emptoyees shall be paid by the Employer. 15.18 The contribntions indicated in this Articie shall be paid to the Employer's Third Parry Administrator. Survivor Insurance 15.19 The surviving spouse of an employee cazrying family coverage at the time of his/her death @ue to a job connected injury or illness which was determined to have arisen out of and in the course of his/her employment under worker's compensation law skall continue to be eligible for city contribution in the same proportions as is provided for retired employees In the event of the death of an eazly retiree or a regutaz retiree, the dependents of the retiree shall have the option, within thirry (30) days, to continue the current hospitalization and medicai benefits which said dependents previously had, at the premium and Employer contribution accorded to the eligible deceased retiree. C 18 ARTICLE 15 - INSURANCE (Continued) It is further understood that coverage shall cease in the event of: . (1) Subsequent remarriage of the surviving spouse of the dec�ased empIoyee or retiree. (2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said EmpIoyer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. ARTICLE 16 - HOLIDAYS 16.1 Holiday recognized and observed. The following days shall be recognized and observed as paid holidays: New Years Day - January 1 Martin Luther King Day - 3rd Monday of January Presidents' Day - 3rd Monday of Februan� Memorial Day - The last Monday of May � Independence Day - July 4 Labor Day - lst Monday of September Veterans' Day - November I 1 Thanksgiving Day - 4th Thursday of November The Day After Thauksgiving Christmas Bay - December 25 Two Floating Holidays - For 2001 IRS payroll reporting year only Eligible employees shail receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Sattuday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fail on Sunday, the succeeding Monday shall be observed as the holiday. For those employees assigned to a work week other than Monday through Friday, the holiday shall be observed on the calendar date of the holiday. 16.2 For the 2�01 IRS payroll reporting yeaz only, the floating holidays set forth above may be taken at any time during the contract year, subject to the approval of the Department Head of any employee. For the 2002 IRS payroll reporting yeaz, floating holidays ate to be added to the vacafion schedule. 16.3 Eligibility Requirements In order to be eligibie for a holiday with pay, an empioyee must be employed as of the date of the holiday and have paid hours on the payroll for that pay period. The amount of holiday time earned shall be based upon the numbex of non-holiday hours paid during that pay period. ( See proration charts in Salary Plan and Rates of Compensation) For purposes of this secfion on1y, non- holiday hows paid include hours actually warked, vacation time, compensatory time, paid leave and sick leave. In neithez case shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary, emergency nor other employees not heretofote eligible shali . receive holiday pay. 19 ARTICLE 16 - HOLIDAYS (Continued) 16.4 If an employee entifled to a hotiday is required to work on Martin Luther King Day, Presidents' Day, Veterans' Day or the Day after Thanksgiving helshe shali be granted anotfier day off with pay in lieu • thereof as soon thereafter as the convenience of the deparlment permits, or he/she shall be paid on a straight time basis for such hours worked, in addition to his/her regular holiday pay. Employees assigned to a twel��e (22) hour shift sha11 have holiday overkime using a twelve (I2) hour value. If an employee entitled to a holiday is required to work on New Yeaz's Day, Memoriai Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, he/she sha11 be recompensed for worh done on this day by being granted compensatory time on a Yime and one half basis or by being paid on a time and one-haif basis for such hours worked, in addirion to his/her regular holiday pay. Employees assigned to a twelve {12) hour sbift shail fiave holiday overtime using a tweive (12} hour valne. ARTICLE 17 - VACATION 17.1 Vacation credits shall accumulate at the rates shown below in ttte 2001 IRS payroli reporting year for each full hour on #he payroll, exciuding overtime. Hours of Vacation .0385 (10 days) .0616 (16 days) .0731 (19 days) .0885 (23 days) .1000 (26 days) Yeazs of Service 1 st year thru 4th yeaz 5th yearthru 9th year l Oth yeaz thru 15th yeaz 16th year thru 23rd yeaz 24th year aztd therea8er � Vacation credits shall accumnlate at the rates shown beIow for the 2002 IRS payrolt reporting year for each full hour on the payroll, excluding overtime. [Rates below reflect the addition of the two floating holidays deteted from Article 16.1 to the vacation schedule]. Hours .0462 (12 days) .0692 (18 days) .0$07 {2I days) .0962 (25 days) .1077 (28 days) I st year thru 4th year Sth yeaz thru 9th yeaz l Oth yeaz thru 15th yeaz 16th yearthru 23rd year 24th year and thereafter 17.2 The head of the department may permit an employee to carry over into the "vacation yeaz" up to one-hundred twenty (120) hours of vacation. For the purpose of this articIe the "vacation year" shall be the fiscal year (TRS payroll reporting yeaz). r � zo ARTICLE 17 - VACATION (Continued) 173 The above provisions of vacation shall be subject to the Saint Paui Salary Plan and Rates of Compensation, Section I, Sub. H. �7.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eightg days, heJshe may convert any part of such excess of vacation at the rate of one-half day's vacation for each day of sick leave credit. The maximum number of days' vacation allowed by the conversion of sick leave credits shall be no more than five days in any one "vacation yeaz". ARTICLE 18 - WAGE SCHEDULE 18.1 The wage schedule for purposes of this contract shall be Appendix A attached hereto. The basic hourIy wage rates in Appendix A reflect the foliowing increases: 2001 Effective O 1l01 /2001 2.75% (closest pay period) 2002 Effective O1fO1J2002 3.00% (closest pay period) Retroacti��e pay adjustments shall appiy to all active employees of the bazgaining unit on the date of signing of the agreement except those who have been terminated for cause. �RTICLE 19 - STRIKES, LOCKOUTS, WORK INTERFERENCE 19.1 The Union and the Employer agree that there shall be no strikes, work stoppages, slow-downs, sit- downs, stay-ins, or other concerted interference with ihe Employer's business or affairs by said Union and/or the members thereof, and there shali be no bannering during the existence of this Agreement without first using all possible means of peaceful settlement of any controversy which may azise. ARTICLE 20 - NON-DISCRIMINATION 20.1 The terms and conditions of this Agreement will be applied to empioyees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, or because of membership or non-membership in the Union. 20.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibii'aties involve other employees and the general public. . 21 ARTICLE 21 - SAFETY ST30ES/LTNIFORMS 21.1 The Employer agrees to pay $50.00 per year towazd the cost or repair of a pair of safety shoes purchased by an employee who is a member of tlus unit. The Employer shall contribute towazd the cost of one p' of shoes per contract yeaz and shall not be responsible for any additionai cost for any additional shoes� thereafter. The contribution shalI be accumulative from yeaz to yeaz, to a maximum benefit of $150.00 should an employee not ufilize the benefit during a calendar yeaz. This reimbursement shall be made only after investigation and approval by the immediate supervisor of that employee. T'he Employer contribution shalI appTy onIy to those employees who are required by the Employer to weaz protective shoes or boots. 21.2 For the purposes of this section 21.2, it is understood that employees shalt only be reimbursed for uniform items that aze qualified as non-taxable and reixnbursable under ihe Water Utility's uniform policy. Each employee employed by the Water UtiIity on 1/1/Ol who chooses to participate in the uniform program at the Water Treatment Plant shall receive a one-time uniform reimbursement for initial unifarm items purchased up to $389. Any new employee hired after 1/1/Ol who chooses to participate in the uniform program shalI receive a one-time uniform reimbursement for inirial uniform items purchased up to $289. Employees shall not receive any other uniform reimbursement for the remainder of the year 2Q01. Beginning in 2002, newly hired employees shall receive a one-time reimbursement for initial uniform items purchased up to $289.00. The Employer agrees to provide a uniform allowance of up to $100 per calendaz yeaz towazd the cost of replacing unifortns for those employees who have participated in the unifortn program in the previous year. EmpIoyees must provide proof of uniform purchase to be reimbursed. Employees participating in the program are responsible for caze and upkeep of the unifortn, must weaz the uniform and must retum ali reimbursable items to the Water Utility upon termination. 213 The City shail fiunish uniforms at no cost to employees required to wear a uniform who work in the � Sewer Division of the Public Works Degartment. The Emplayer shall retain the discretion to determine the uniform to be worn. 21.4 The Pazks & Recreation Department shall fiunish uniforms at no cost to empioyees in the title of Pazk Securit�� Officer. The Employer shall retain the discretion to determine the unifomi to be wom. 21.5 The Police Departsnent shali funu � rms at` '-the title of *Pazk Ranger and Police Security Ranger. The EmpIoyer shatl retain the discretion to determine the uni orm a . For f�zll-time permanent Police Security Rangers and *Park Ranger the EmpIoyer agrees to pay $75.00 per calendaz year toward the purchase of one pair of boots to a maximum benefit of $I50.00 should an employee not utitize the benefit during a previous calendar year. 21.6 Except for Water Utility employees choosing not to participate in the uniform program as described in 21.2, all, employees working in any City Department who are provided a uniform shall wear such specified uniform. � f��r? ARTICLE 22 - TERMS OF AGREEMENT 22.1 Complete Agreement and Waiver of Bargaining - This Agreement shall represent the complete Agreement between the Union and the Employer. The parties acknowledge that during the negotiations • which resulted in this Agreement, each had the unlunited right and opportunity to make requests and proposals with respect to any subject or matter not removed by Iaw from the area of coilective bargaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opporiunity aze set forth in this Ageement. Therefore, the Employer and the Union, for the life ofthis Agreement, each voluntarily and unqualifiediy waives the right, and each agrees that the other shatl not be obligated to bazgain coliectively with respect to any subject or matter referred to or covered in this Agreement. 22.2 Sa�•ings Clause - This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Saint Paul, In the event any provision of this Agreement shall hold to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisian shall be voided. All other provisions sha12 continue in fuli force and effect. 223 Terms of Agreement - Except as herein provSded, this Agreement shaIl be effective as of the date it is executed by the parties and shall continue in full force and effect thru the 31 st day of December, 20Q2, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend, or modify this Agreement shali notify the other in writing so as to compiy with the provisions of the Public Employment Labor Relations Act of 1984. In witness thereof the parties have caused this Agreement to be executed tlus _(� day of May 2001. �.4 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 ratificataon by the Union. . 23 ARTICLE 22 - TERMS OF AGREEMENT (Continued) C� � . WITNESSES: CITY OF SAINT PAUL ` �I1 D 1 Katherine Meg Date Labor Relations irector INTERNATIONAL tJNION OF OP ING ENGINEERS, L CAL O. 7 O �=i� Business Manager Date �-�" �. �j5 //-U/ Pre 'dent � 5 = /(-o l Recording Secretary Date Business Represen f ���F�t`f� Negoriating Comsnittee �' ��Gc � Nego iating Committee � c? V Negotiating Committee Date S-t/-o` Date ' J`�-/� D{ Date i �' � p i / ��.- m � s'��/o/ Negotiating Cosntnittee Date �/s� ei.-� �`>`7 ll O( Negotiating Comm� itte� Date y �� os-y„�6� Negotiating Committee Date 24 ` APPENDIX A - WAGES ' � � � The wage rates and salary ranges for ciassifications in this unit are as follows: GRADE_OlU 502 AOUSE CUSTODIAN II A {1) 12J30/00 13.70 12/29J01 14.11 A (1) Start 12/30J00 15.74 12{29/O1 16.21 S (2) 6 mo. 16.20 16.69 GRADE 02U 231 CUSTODIAN 231M MODIFIED DUTY WORKER-CUSTODIAN C D (3) (4) 1-yr. 2-yr. 16.47 16.97 16.96 17.48 GRADE 03U 131 CUSTODIAN-ENGR I 631 CUSTODIAN-ENGR I--LIBRARY 632 CUSTODIAN-ENGR I--PIIB SAFETY 131M MODIFIED DUTY WKR-CUST ENG I A (lj Start 12/30/00 18.00 12/29j01 18.54 B t2) 6 mo. 18.61 19.37 GRADE 04U 132 CUSTODIAN-ENGR ZZ 605 CLISTODIAN-ENGR II--LIBRARY . A 8 (1) (2) Start 6 mo. 12/30J00 18.41 19.45 12/29j01 18.96 20.03 -Al- APPENDIX A - WAGES (Continued) ' GRADE OSV 133 CUSTODIAN-ENGR III 056A CUSTODZAN-ENGR III--LIBRARY A (1) Start 12/30/00 I9.80 12/29/O1 20.39 B (2) 6 mo. 20.65 21.48 GRADE 06U 585 MAZNTENANCE WORKER A (1? Start I2/30/00 19.89 12/29/O1 20.49 B (21 6 mo. 20.67 21.29 GRABE 07U 180 •FTLTER PLANT OPERATOR I A (1) Start 12/3D/00 19.47 12/29/01 20.D5 B (2) 6 mo. 20.26 2D.87 GRADE OBU S15A WATER PLANT OPERATOR I A B (1} �2) Star 12/30/00 19.80 20.58 12/29/O1 20.39 21.20 GRADE 09U 286A OPERATING ENGINEER 378 PIIMPING ENGINEER 22 602A WATER TREATMENT PLANT OPER. II A (1) Start 12/30/00 20.62 12/29/O1 21.24 8 (2) 6 mo_ 2I.46 22.10 , S i � L '�' L APPENDIX A - WAGES (Continued) GRADE l0U 420 SEWER PUMPING STA OPR � A (1) Start 12f30/00 21.53 12l29/O1 22.16 B (2) 6 mo. 22.32 22.99 GRADE 11U 624A CHEMICAL FEED SYSTEM REPAZRER A (11 Start 12Iso/oo zi.ao 12/29/Q1 21.84 B i2) 6 mo. 22.03 22.69 GRADE 12U 281 PUMPING ENGINEER III \J A B (1) I2) Start 6 mo. 12j30/OD 22.39 23.30 12/29(OS 23.06 24.00 GRABE 13A 779M MODIFIED DUTY WORKER-SEC OFFCR A B C D E F 10-yr. 15-yr. f1) (2) {3) {4) (5) (6) (7) (8) 12/30/00 1061.14 1104.10 1143.68 1186.69 1232.97 1284.16 1310.51 1393.56 12/29/O1 1092.97 1137.22 1177.99 1222.29 1269.96 1322.68 1349.83 1393.87 GR�DE 13M 234 CUSTODZAN (I,ZGHT DUTY) r 12/30J00 861.98 890.69 919.42 949.27 982.B0 1016.23 1037.82 1060.47 12/29J01 887.84 917.41 947.Q0 977.75 1012.28 1046.72 1068.95 1092.28 '�' APPENDIX A - WAGES {Continued) GRTaDE 13U 670 WATER PLANT AID& A B (1) (2) Start 6 mo. 12/30/00 I8.01 18.84 12/29/OI 18.55 19.41 GRADE 15U A 11) Start 12/30/00 19.42 12/29/O1 20.00 B (2) 6 mo. 20,48 21.09 GRADE 16U 464 SUPERVISING STATIONARY ENGR A (1) Start 12/30/QO 20.48 12/29/OI 21.09 B (2) 6 mo. 21.27 21.91 GRADE OI7 A B C D 5 F 10-yr. 15-yr. (1) (2) (3) (4) {5) (6) (7? {$7 12/30/OD 922.71 956.68 991.93 1029.80 1070.29 1113_42 1142.14 1168.24 12 �. 8..102Z.69 1060.69 1102.40 1146.82 1176.40 1203.29 GRADE 17A 519 SECURITY OFFICER-WATER UTILITY 12/3D/DO 1115.94 1151.94 1189.29 1229.48 1272.83 1321.00 1354.27 1364.42 12/29/O1 1149.42 1186.50 1224.97 1266.36 1311.01 I360.63 1394.90 1425.95 • • � -A4- v • APPENDIX A - WAGES (Continued) + GRADE 17U 806 TRAINEE(CVSTODIAN ENG2NEER) . A (1) Start 12/30J0� 9.71 12/29/O1 10.00 A (it Start 12/30/00 14.02 12/29/O1 14.44 GRATJE 18U 168A CUSTODIAL WORKER C D i3) (41 1-yr. 2-yr. 14.74 15.25 15.18 15.71 GRADE 20U 216A BUSLD MAINT ENGZNEER A (1) . z2/ao/oo 20.�0 12/29(Ol 21.32 � A (1) 0-500 xrs. 12/30/00 9.43 12J29/01 9.71 B (2) 6 mo. 1Q.�2 10.32 B t2) 6 mo. 14.44 14.87 GRADE 21U 259A *PARK RANGER - (POLICE) 259M MODIFIED DUTY WKR-PARK RANGER 656A PARR SECURITY OFFICER - (PARKS) B C D (2) (3) (4) 501-1000 1001-150D 1501+ xrs. Hrs. Hrs. 9.99 10.56 11.35 10.29 10.86 11.69 A B (1) (2) Start 6 mo. 12/30/00 9.43 10.93 12J29/O1 9.71 11.26 GRP.DE 22U 1178 POLICE SECURITY RANGER - (POLICE) C D E F G (3) (4) (5) (6) (7) 1-yr. 2-yr. 4-yr. 5-yr. 10-yr. 11.35 11.92 12.49 12.92 13.76 11.69 12.28 12.86 13.31 14.17 S� APPENDIX A - WAGES (Continued) Personnel hired for employment with the City after the date of the signing of tkis agreement, to a class listed in ARTICLE i above, shall be compensated at the "0 - 6 months" hourly wage rate during their probationary period. After completion of the probationary period the empioyee shail be paid at the "aRer 6 months" hourly wage rate. Employees promoted from any class listed in ARTICLE 1 above to an}� class Iisted in ARTICLE 1 above shaIl receive the "after 6 months" houriy wage rate. Temporary employees shall be paid the inimum rate indicated in trris APPENDIX for the classificafion in which they are emptoyed. • r � L, -A6- APPENDIX B- COMO PARK CONSERVATORY/ZOO LAYOFFS I3otwithstanding ARTICLE 5.3 of this Agreement, in the event it is determined by the EMPLOYER that • it is necessary to reduce the work force at the Como Park ConservatoryiZoo wark station, employees wi11 be laid off based on the inverse order in which their names appeaz in this Appendix B, regazdless of the classification indicated following their name. Appendix B will only apply to the named empioyees herein as long as they remain continuously employed 'ut the classification indicated and at the Como Pazk Conservatory/Zoo work station. In the event an employee's classification or work station is changed, this AppendiY B wili no longer be applicable to such employees. EMPLOYEE Edward Erichsen Thomas Stellwag Kenneth Reding Dennis Hermann CLASSIFICATION Custodian-Engineer II Operating Engineer Operating Engineer Operating Engineer This Appendix B will sunset when the last Custodian-Engineer II leaves the Como Park Conservatory(Zoo work station. � ' -Bl-