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267549 WHI7E - CITV CLERK COIIIICII �� PINK .- FINANCE GITY OF - SAINT PAUL -� CANARY -DEAARTMENT BLUE - MAVOR .. . FIl@ NO. • /� �� ` � rdindnce Ordinance N O. llC�� Presented By Referred To Committee: Date Out of Committee By Date An Administrative Ordinance approving the terms and conditions of a 1976-78 Collective Bargaining Agreement between the City of Saint Paul, Independen� School District No. 625 and the Tri-Council, composed of Laborers Local 132, Teamsters Local 120, and Operating Engineers Local 49. WHEREAS, The Council, pursuant to the provisions of Section 12. 09 of the Saint Paul City Charter and the Public Employees Labor Relations Act of 1971, as amended, recognizes the Tri-Council, composed of Laborers Local 132, Teamsters Local 120, and Operating Engineers Local 49, as exclusive representative for those classes of positions within the City of Saint Paul certified by the Bureau of Mediation Servi.ces under Case No. 73-PR-427-A for the purpose of ineeting and negotiating the terms and conditions of employment for full-time personnel in the classes of positions as set forth in the Agreement between the City, Independent School District No. 62 5 and the exclusive representatives hereinabove referenced; and WHEREAS, The Employers through designated representatives and the exclusive representatives have met in good faith and have negotiated the terms and conditions of employment for the period from May 1, 1976, through April 30, 1978 for such per-sex�el, as are set forth in the Collective Bargaining Agreement between the City and exclusive representatives; now, therefore THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That the Collective Bargaining Agreement dated as of the effective date of this Ordinance, between the City of Saint Paul and the Tri-Council, com- posed of Laborers Local 132, Teamsters Local 120, and bperati.ng Engineers Local 49, on file in the office of the City Clerk, is hereby approved, and the authorized administrative officials of the City are hereby authorized and directed to execute said Agreement on behalf of the City. -1- CUUIVCILMEK Yeas Nays Requested by Department of: Butler PER SONNEL OFFICE Hozza In Favor - Hunt Levine Against By Thomas D Gleason, Dir. of Personnel Roedler Sylvester Tedesco Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY By Approved by Mayor: Date Approv by Mayor for Subm' on to Oouncil By BY WH17E - CITV CLERK • �� PINK - FINANCE COl1I1C11 CANARY - DEPARTMENT GITY OF SAINT PALTL �� BLUE -MAVOR File NO. � � '' '` ' O r in�nce Ordinance N�. �� Presented By Referred To Committee: Date Out of Committee By Date , Section 2. That all of the terms and conditions set forth in said Collective Bargaining Agreement shall take force and effect upon the effective date of this Ordinance except as otherwise provid.ed. in said Agreement. The wage schedules contained in said Agreement shall take force and effect on the d.ates shown in the Agreement in accordance with the expressed intent and agreement of the Council contained in Council File No. 266410. Section 3. That any other Ordinance, rule or regulation in force when said Agreement takes effect, inconsistent with any provision of the terms and conditions of said Agreement, is hereby repealed, Section 4. That this Ordinance shall take effect and be in force thirty (30) days after its passage, approval and publication. Approved: ;� . � Chairman Civil Service Commission -2- COUIVCILMEIV Yeas Nays Requested by Department of: �+�* pERSONNEL OFFICE � ��. [n Favor Hunt Levine Against ByThomas D. Gleason, Dir. of Personnel Roedler Sylvester �� AUG 5 1976 Form Ap � ed b ity r � Adopted b nci Date � ified P ncil Secre ry BY / � � . Appr d by Mayor: D e � A�� 976 Appro ayor for Sub ' s' n t� Council By BY Ft�L<�t3:'�:' .`'.'.� i �' ;976 f �� 4� ` 1 C�o�� , �r� " �` ��tl i . � � [ ; c�,�,;; ��—� � � � � `\ �, ��„_� , . y�— �s� �<.% � '� �*.� 'n �.,;., f' �'��,'��.�A C�� i - i `�'°��"�b�- '\O�� ,�� r -''� -;� p`�.,. +- w . _ . a,�� 1� ,�q��`` i_�I �', �r. .�` _ `�� i'�. I ��. ' i i� <� `/ �976- /9'�7 �, ,�;��.�---- %�� COLLECTIVE BARGAIPdIPdG AGREENIENT BETWEEN �E CITY OF SAIIVT pAUL AATD 2� INDEPENDEIVT SCHOOZ-��STRICT N0. 625— ---- -- ------------- E��D INTO WITH THE TRI—COUNCIL LOCAI, 120 — ��, !�9 — � �C� 132 � • . ''- �� . ,�� , • • " ' I N D E X ARTICLE TITLE PAGE Principles 1 I Recognition 2 II Maintenance of Standards 4 III Union Rights 5 IV Payroll Deductions ( V Management Rights 7 VI Safety $ VII Discipline � VIII Hours - Premium 10 IX Insurance 11 X Grievance Procedure ,13 XI Seniority 17 XII Vacations 19 XIII Holidays 20 XIV Jury Duty 21 XV Severance Pay 22 _ _ -- --- -_.-- � __- .---- --- -- ------� ----- �� ..___. XVII Saving Clause - - - - - - 24 - --- -- -- ---- XVIII Residence 25 XIX Jurisdiction 2C XX Sick Leave �( XXI Terms of Agreement 28 Appendix A pl. Appendix B B1 ii � � • . •� t � : " • , � �'�� . F_ 0��`�. t;�' � � PxzRCiPr�s This AGREEMENT is entered into to facilitate the ad�ustment of grievances and disputes between the IInployer and Employees to provide, insofar as possible, for the continuous employment of labor and to establish necessary procedures for the aun�cable adjustment of all disputes which may arise between the CITY and the UNtON. The CITY and the UNION encourage the highest pvssible degree of practical, friendly, cooperative relatinships between their respective representatives at all levels. The ofPicials of the CITY and the tTI�1I0ft realize that this goal depends primarily on cooperative attitudes betwe�n people in their respective organizations and at all levels of responsibility, and that proper attitudes ��4__ must be based on full understanding of and_regard_for the_respecti_v_e__rights ______ __ and responsibilities and that proper attitudes must be based on full understanding � of and regard fbr the respective rights and responsibilities of both the CITY and the employces. There shall be no discrimination against any Elmployee by reason of race, color, creed, sex, or U1vI0N membership. The CITY and the UNION afPirm their joint opposition to any discriminatory practices in connection with employment, promotion, or training, remembering that the public interest remai.ns in f�ll utilization of E�nployees skill and ability without regard to consideration of race, calor, creed, national origin, age or sex. - 1 - �� : . �; , , �� . ' ARTICLE I - RECOGNITION l.l The CITY recognizes the UTr'ION as the sole and exclusive collective bar�aining a�ency for all F�nployees that have been certified by the State of Minnesota, Case No. 73-PR-427-A, ss follows: All employees of the City of Saint Paul in the classifications of Air Compressor Operator, Asphalt Batcherman, Asphalt Plant Engineer, Asphalt Raker, Asphalt Shoveler, Backfiller Qperator, Bituminous Curb Machine dperator, Bituminous Spreader Operator, Bridge Crew Leader, Bridge Laborer, - - ---- Building Laborer, Ditch Digger, Garden I,aborer, Gardener, Groundsman, Heavy Equipment Operator--Asphalt Plant, Hoisting Engineer, Jackhammer Operator, Kettle Fireman, I,abor C.rew Leader, Miner, Miner--Water De�art- ment, Mixer Engineer, Motor Mixer, Motor Eo,uipment Operator, Motor --: --_---- Equipment Operator--Water Department, Mot�r Patrol Operator, Paving �� Breaker (I-�ydra Hammer Operator), Plasterer's Tender, Playground G�.istodian, Power Clam Operator, Power Shovel Operator, Public Works Laborer, Pulvi- mixer Operator, Pumperete Operal:or, Resident Grouridsman, Road Machinery Operator, Roller Engineer {Under 6 tons), Roller Engineer (6 tons or over), Roofers Fielper, Sanitation I,aborer, School Ground Nlaintenance Foreman, Sewer Crew Leader, Sewer Laborer, Sewer Maintenance I,aborer, Sno-Go OFerator, Sweeper Operator, �amper, Tractor Operator I, Tractor Operatar TI, Tractor Operator II (Backhoe), Tree Trimmer I, Tree Trimmer II, Truck Driver, Tunnel I,aborer, Unskilled I,aborer, Vibrator Operator, Water Laborer, Water Serviceman I, Water Serviceman II (Connections}, Water Servicer�an II (Mains), — __— __ —�nd�nta��r--�-Shed-I,aborer-whc�-��-m^�� s��s�r-s--ger-week a�_mare than 100 work days per year, excluding Supervisory, Confidential, temporary, emergency, and employees exclusively represented by other labor or employee organizations. - 2 - �• .. - r� � �� '��`9 ; ^ �ARTICLE I - RECOGNITION (continued) The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classificatior�s set forth in this agreement shall be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Public IInployment Relations Act to accomplish said objective. Z.2 The CITY agrees not to enter into any contractually binding agreements with any employee or representative not authorized to act on behalf of the UNION. There shall be no zndividual agreements with any employees that conflict with the terms of this AGREII�I�, and any such agreement or contract shall be null and void. - 3 - '� � . . ��'��;� . �. , � - - ' � � - ARTICLE II - MAINTENANCE OF STANDARDS ; I 2.1 The parties agree that all conditions of employment relatin� to wages, i hours of work, overtime differentials, vacations and all ��her general i working conditions shall be maintained at not less than the highest i minimum standard as set forth in the Personnel Rules of the City of I Saint Paul (Ordinance No. 3250) and Ordinance No. 6�46 at the time of the signing of this Agreement, and the conditions of emplayment shall - --� be improved wherever specific provisions for imgrovement are ffiade else- ..._....... � where in this Agreement. ; � � __ ; f . . . _.___.. ..__.._.._ ._..--. -_"'-__� i - - --- -- - -4 I - � - . . � ' ' X��`�'��.7 • ARTICLE III - UATION RIGHTS 3.� The UPdION may desi�ate employees with the bargsinin� unit to serve as ilnion Stewards. 3.2 The UNION may designate employees from within the bargaining unit to act as Stewards and shall inform the ENIPLOYER in writing of such desi�ations. Such employees shall have the rights and responsibilities as designated in Article 10 (GRIEVANCE PROCEDURE). There shall be no more than one Steward from each local involved in any one specific grievance. 3•3 There shall be no deduction of pay from Stewards when directly involved in meetings with management during working hours for �rievance procedures. 3.�+ Designated Union Representatives shall be permitted to visit employees on jab sites and at department buildin�s during working time. _ _ _ - 5 - __ • .. . . . ��'��l . � � ARTICLE IV - PAYROLL DIDUCTION 4.1 The CITY shall, upon request of an employee in the unit, deduct such sum as the UNION m�,y specify for the purgose of dues to the UNION. The CITY shall remit monthly such deduction to the appropriate designated UNIOA. 4.2 In accord�.nce with M.S.A. 179.65, Subd. 2, the CITY agrees that upon notifica�ion by the UNIQN, the CITY shall deduct a fair sh�re fee from all certified employees who are not members of the ex�lusive repre�entativ�. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grieva.nce procedure�s. --------_ _ - - - - 4.3 The UNION will indemnif�r, d�fend and hold the CITY harmless against any claims made and against any suits instituted a�a3nst the CITY, its officers or employees, by reason of negli�ence of the UNION in requesting or receiv�n� deductions under this Article. The CITY will indemnif�r, defend and hold the UNION harmless against any claims made and against any suits instituted against the UNION, its officers or employees by reason of negligence on the part of the CITY in making or forwarding deductions under this Article. � 6 _ . .. � � `��'��9 ARTICLE V - MANAGII�IENT RIGHTS 5.1 The UNION recognizes the right of the �rployer to opera.te and manage its affairs in all respects in accordance with applicable laws and regulations of apprapriate authorities. The rights and authority which the E�ployer ; has not officially abridged, delegated, or modified by this Agreement are retained by the F�ployer. � _ _ _---a 5.2 A public employer is not required to meet and negotiate on matters of � - ` inherent managerial policy, which include but are not limited to, stxch ! areas of discretion of policy as the ftinctions and prograzns of the �mployer, - its overall budget, utilization of technology, and organizational structure __ ___ _ and selection and direction and number of personnel. -- -- ' _ - -- - -- - - . . . ._ .._._. _'_"y _ 7 _ � ARTICLE VT - SAFETY 6.1 Accident and injury free operations shall be the goal of all bnployers and Emgloyees. To this end the E�aployer and bnployee will, to the best of their ability abide by, and live up to the requirements of the several State and Federal Construction Safety �odes and Regulations. 6.2 To this end the F�nployer shall from time to time issue rules or i I notices to his Employees regarding on the job safety requirements. � i Any IInployee violating such rules or notices shall be subject to ! � disciplinary action. No Employee may be discharged for re�zsing to ; work under unsafe conditions. ' ---__ _ __— 6.3 Such �et--y_�.c}t�in�mPntr�r-� uired b overnmental re , ' q Y 8 gulati�rr--�1�� --------�v� �. -- - -- - - -- - ---- --$ be provided without cost to the bnployee. At the E�nployer's option, � � the E�nployees rnay be required to sign for safety equipment and shall ` be obligated to return same upon discharge, layoff, quit or other termination in comparable condition as when issued, �rovicii.ng reason- able wear and tear. The Elnployer shall have the right to withhold the cost of such safety equipment if not returned. - 8 - " • , ' ��' � = � � �- �'�549 ARTICLE VII - DISCIPLINE pROCEDURES 7.1 The �nployer will discipline employees for just cause only. Discipline will be in the form of: a) Oral reprimand; b) Written repri.t�nd; c) Suspension; d) Reduction; e) Discharge. 7.2 Suspensions, reductions and discharges will be in written form. 7.3 F�nployees and the UNION will receive copies of written reprimands and notices of suspension and discharge. ---- --- - - — -- --- --- — 7. Discharges will tie preceded by a five (5) day preliminary suspension without pay. During said period, the F3nployee and�or UNION may request, and shall be entitled to a meeting with the �mployer representative who initiated the suspension �itY: intent to discharge. Durin� said five (5) day period, the �pl,oyer may affirm the suspension and discharge in accordance with Personnel Rules or may modify, or withdraw same. 7.5 Grievance relating to this Article shall be processed in accordance with existing Civil Service procedures, except that oral and written reprimands shall be taken up in the grieva.nce procedure under Article X. 7.6 Flnployees who are unable. to report for their. normal work day have the responsibility �o notify their supervisor of such absence as se�-a�ge�si�le-,- - -- but in no event later than one half hour after the beginning of such work day. 7.7 Failure to make such notification may be grounds for discipline. - 9 - ' ARTI�LE VIII - HOURS� PR��✓iU:d PAY 2.1 Hours of �:ployment-- Tne r,ormal worl� day an� the normal r�crk week shall be 8 hours er.cluding � hour for lunch in any twenty-four hour period and �+0 1:ours in any seven-day period. (For e�-npZoyees on a shift basis, this shall be construed to mean an average of ferty hours a week.) The norr-..al werk week shall consist of five conse�.utive normal work days. - --- —� 8.2 Except in cases of e�cergencies, tY:� Et�PLOyER sha1Z notify the affeeted � Unior. of an intention to change a shift at least 24 hours prior to the ' beginning of the new shift. 8.3 �nplayees snall report to work loc�.tion as assigned by a design�te� EbtPI,O�'Ep - ------- -------__�� ------ — ------- •- ---- -.' supervisor. Durinp the normai work dsy emplo;�ees may_ he _assigneci to otY:e_.__ '; work locations at the discretion ef the �"PIJJYER. 8.4 Cai?-in-Pay-- When an E�nployee is ca�led to wor� he shal? rece�ve two hours' pay if not put �e wcr}_. If he is CTi.ilE'C� �G work and c�:rT,�r�ces wcri�, ;�e si:all be guaranteed four straig�t tit:e nci.�z•s' pay. Thcse prev;sio^s, however, shall nct be effective when work is unable to preceed becr�use ::' adverse weather cenditior.s. 3.; An employee sh2.Zl be recompensed for work done in exce�s c: �re r_or:ral hours by being pr�id on a time and one-half of his regular r.o�r?y� rate for such cverti�;e work. 8.� Overtir.:e-- Time on +,he pa�,•rcll in excess of the narrr;�,l 'na�xrs �et forth abo�.e s?:all be "cvertime wark" �nd s'r.aZ� be dcne cnly �y or�der of tt:e head or ±�,-, department. _ �� - . ��9 . ARTICLE IX - INSURANCE . 9.1 The EMPLOYER will continue for the period oF tnis Agreement to provide for E�nployees such health and life insurance benefits as are provided by EMPLOYER at the time of execution of this A�reement. 9•2 'Phe EMPLOYER will for the period of this Agreement provide for Exnployees who retire after the time of execution of this Agreement and until such bnployees reach sixty-five (65) years of a�e such health insurance benefits and life insurance benefits as are provided by the EMPLOYER for such e�ployees. 9•3 In order to be eligible for the benefits under this early retiree provision, the employee must: 9•31 Be receiving benefits from a public employee retirement act at the time of retirement. � ' 9.32 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. ----- ----- -------�� 9•�+ The CITY agrees to contribute the cost of Hospitalization and Medical Caverage or �29.46 per month, whichever amount is less, for each employee who is eligible for such coverage. In addition, for each eligible employes who selects Dependent's Coverage, the CITY will contribute ane-half (2) of tYie cost of such Dependent's Coverage or $33,79 per month, whi.chever amount is less. These contributions shaZl be paid to the City's Group Health and Welfare Plan. Any increases in these costs sha11 be paid by the employee. 9•5 The CITY agrees to contribute tY:e cost for $5,00� of Life Insurance Covera�� for each employee who is eligible for such cove-�a�e or $3•05 per Month, whicr- ever ar�ount is le�s. This contrihutio� shall be paid to the City's Group Health and Welfare P1an. Any i.ncrease in thzs cost sha11 be paid by the employee. _- ---- - 1.1 - � ARTICLE � - �NSU�iANG'E (continued) 9.6 The UPIION shall have the right on or after Jar.uary l, 1977, to withc:raw from the hospitalization and medical coverage plan as present]_y provided by the City. In such event the City agrees to contribute directly to the Union �29.46 per month for each eligible employee and $33•79 per month for each eligible employee selectin�; dependent coverage. This provisior shall be effective only upon the condition that the entire membership of the particular union agree to withdraw fram the City plan. 9.7 Any employee having ten or more years of service with the City who becomes ill or injured so as to be unable to continue working and has exhausted all his sick 1,eave and vacation shall be eligibZe for City paid health and welfare benefits for a maximum of three ye�rs. - 12 - . . i I ' -.- . , ' I � �ARTIGLE X - FNiPIAYEE RIGHTS - GRIEVANCE PRQCIDURE ! � . � 10.1 The EMPLOYER shall recognize stewards selected in accorda,nce with UNION ; 1 rules and regulations as the grievance repres�ntative of the bargaining ; unit. The i3NI0N shall notify the E�IPIAYER in writing of the names of the j i stewards and of theix successors when so named. 10.2 It is recognized and accepted by the �LOYER and the UNION that the pro- II cessing of grieva.nces as hereinafter provided is limited by the job duties and responsibilities of the bnployees and shall therefore be accaQnplished - - during working hours only when consistent with such E�ployee duties and responsibilities. The steward involved and a grieving �nployee shall suffer no loss in pay when a grieva.nce is processed during working hours, provided the steward and the Employee have noti.fied and receive the approval of their supervisor to be absent �ko process a �rievance and that such ab�ence---_-_-;---- would not be detrimental to the work programs of the D�PLGYER. 10.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article VII for the processing of grievances, which are defined as an alleged violation of the terms �.nd canditions of this Agreement. 10.� Grievances shall be resolved in confarmanee with the following procedure: Step 1. Upon the occurence of an alleged violation of this Agreement, the Employee involved shall attempt to resolve the matter of an informal basis with the �ployee's supervisor. If the matter _ _--- —_ _ ____ _ _--- --- ____ _ ----- ---------- is not resolved to the �nployee's satisf�,ction by the info�mal discussion it may be reduced to writing and referred to Step 2 by the UNION. The written grieva,nce shall set forth the nature of the grieva.nce, the facts on which it is based, the alleged seation(s) of the Agreement violated, and the relief requested. - 13 - - ARTICLE X - EN�LOYEE RIGHTS - GRIEVAACE PROCEDURE (continued) My slleged violation of the Agreement not reduced to writing by the UNION within seven (7) calendar deys of the first occurrence oP the event giving rise to the grievence or within the use of reasonable diligence should have had knowledge of the Pirst occurrence of the event giving rise to the grievance, shell be considered waived, � 3tep 2, Within seven (7) calendar days sfter receiving the written grievance a designated F�nployer supervisor shall meet w-ith the tTNIOIC Steward and attenspt to resolve the grievance. IP, es a result of �l�is meeting, the grievance remains unresolved, the F�nployer shall reply in writing to the iJNIOIY within three (3) calendar days following this meeting. The UNION may refer the grievance in writing to Step 3 Within seven (7) calender days following receipt of the F�nployer's written answer. Any grievance not referred in writing by the UNTION within seven ^ (7� calendar days following receipt of the F]nployer's answer shall be considered weived. Step ?• Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated F�uployer supervisor shall meet with the U1�TION Business Manager or his designated representative and attempt to rssolve the grievance. Within seven (7) calendar days following this _ __-- __ meeting the F�nployer shall reply in writing to the tTNION stating the F�t►ployer's ansWer concerning the grievance. If, as a result oP the �vritten response the grievance remains un�esoZved, the iJNION m�y refer the grievance to Step b. Any greivance not referred to in writing by _._..- -__ _—__ e UAION to Step within seven (7) calendar days follo�ring receipt of the I�oployer's ansFrer shell be considered waived. - 11+ - , n,<� • , ' ' ��R�� ' ARTICLE X - EMPIAYEE RIGHTS - GRIEVANCE PROCEDURE (continued) Step 4. �If the grievance remains unresolved, the UNION may within seven (7) calendar days after tk�e response of the II�IPLOyER in Step 3, by written notice to the I�IPLOYER, request arbitration of the grievance. The arbitration proceedings sha11 be conducted by an arbitrator to be selected by mutual agree:nent of the II�IPIAYER and the UNIdN within seven (7) day period, eit her party xnay request the PubZic Employment Relation Board to submit a panel of five (5) arbitrators. Both the Il�IPi,OYER 8nd the UNION shall have the rig�it �o s�rike two (2} names from the panel. The UNION shall strike the first (lst) name; the II�IPIAyER shall then strike one (1) name. The process wi1Z be repeated and the remaining person shall be the arbitrator. _ __. _ __ _ --- - —--- - ------ ---_� -- 10.5 The Arbitrator shall have no right_.to_ aanen_d__,__�ttodif�r, nullify, ignore, add _ _________ to, or subtract f�arn the provisions of this Agreement. The arbitrator shali _ consider and decide only the specific issue submitted in writing by the F�ZPLOYER and the UNION and shall h�,ve no autharity t� �n�.ke a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modif�ing or varying in ar�y way the application of laws, rules, or regulations havin� the force and effect of law. The arbitrator's decision shall be submitted in wri�tin� within thirty (30) d.ays following close of the hearing or the submission of briefs by the parties, whichever be later, unless the garties a,gree to an extension. The decision shall be based solely on the arbitrator's inter- __ _ __ pre��ion-or app�ication o�'-�he express �erms o��Tiis�greemen� and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the IIvIpLOYER, the UNION, and the E�ployees. _ 15 _ � � . �� , , �`9 , ARTICLE X - E�IPLOYEE RIGHTS - GRIEVANCE PROCIDURE (continued} 10.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the �iPLOYER and the UNION, provided that each party shall be responsible for ccanpensating its cr�m representatives and witnesses. If either party desires a verbatiun record of the proceedin�s, it may cause such a record to be made, providing it pays �'ar the record. 10.7 The time limits in each step of this procedure ma.y be extended by mutu.al agreement of the IIyIPLOYER and the UNION. 10.8 It is understood by the UIJIOI� and the EMPLp7�R that a grievance may be determined by either the grievance procedure of this contract or by the provisions of the Personnel Rules of the City c�f 3aint Paul. If an----------- __-_ issue is determined by this grievance procedure it shall not again be submitted for arbitration under the Personnel Rules. If an issue is determined by the provisions of the Personnel Rules it shall not again be submitted for arbitration under this grievance pracedure. __ _ _ - 16 - � �. • . , ' �`��P� �j "�J . ARTICLE XI - SElYIORITy 11.1 Seniority, for the purpose of this Agreement, shall be defined as follows: A. "City Seniority" - The length oF continuous, regular and probationary service with the EMPLpyER from the last date of employment in any and all class titles. B. "Class Seniority" - The length of continuous, regular and _ _ ___ __ _: probationary service with the EMpLpyER from the date an employee was first certified and appointed to a class title covered by this Agreement, it being flirther understood that ' ; class seniority is conPined to the current class assignment ' held by_an_emglo�Cee-.—_ _----_ __ __—__y,� __�r 11.2 Seniority shall terminate when an employee retires, resigns, or is discharged. u.3 A. In the event it is �ietermined by the EMpypyER that it is necessary to reduce the work force, employees will be laid off by class title within each division based on inverse length of "Class Seniority". Recall from layoff shall be inverse order of layoff, except that recall rights shall expire after two years of layoff. - 17 - � ARTICLE XI - SEIdIORITY (continued) B. In cases where there are promotional series, such as Unskilled Laborer, Crew Leader, etc., when the number of employees in these higher titles is to be reduced, employees who have held lower titles which are in this bargaining unit will be offered reductions to the highest af these titles to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. C. It is f�rther understood that a laid off employee shall have the righ� to placement in any lower-paid class title in this barga�nirg unit, provided said employee has been previously certified and appointed in said lower-paid class title. In such cases, the employee shall first --- - - i1� piaced on a reinstatement regi�t�r�i -s�ia�T have "Class Seriiori�y"-----T�� based on the date originally certified and appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, return to original class as provided in paragraph (A) above. 11.4 To the extent possible, vacation periods shall be assigned on the basis of "Class Seniority", within each class, by division. It is, however, under- stood that vacation assi�ments shall be subject to the ability of the EMPIAYER to maintain operations, 11.5 Promotions shall be handled in acc�rdance with current Civil Service Rules and practices. - 18 _ • ` A�tTICLE XII - VACATIONS 12.1 In each calendar year, each flzll-time emnloyee shall be grantec� vacation accordir.g to the following schedule: Years of Service Vacation Granted Less than 5 years 10 days _ _ Af'ter 5 years thru 15 years 15 days After 15 years thru 25 years 21 days After 25 years 22 days �nployees who w�rk less than full-time shall be granted v�cation on a pro rata basis. - -- -- , For employees appointed prior to January l, 1967, years of service shall be defined to mean the number of years since the date of appointment. i For employees appointed on or after January 1, 1967, years of service ; _ _._ -----.__�_.�_� ----- - --- - i shall be detertnined by the actual-number of hours worked. -- - -- .- ---_..__ : 12,2 The head of the Department may permit an employee to carry over into the following year up to ten days ' vacation. 12.3 The above �rovisions of vacation shall be subject to Ordinance No. 6446, Section I, Sub. F. 12.4 If an employee has an accumulation of sick leave credits in excess of one ' hundred and eighty days, he may convert any part of such excess of vacation at the rate of one-half day's vacation for each day of sick leave credit. 12.5 The maximum number of days' vacation allowed by the conversion of sick leave --- ---—_ ---- -- ------__--..------------ ___ credits shall be no more than five days in any one year so that the maximum vacation time which may be taken in any one year shall be thirty-seven days including the regular vacation period. - 19 - - - . r _ V r ��/ ARTI.,LE XIII HULIDA_,� ��g 1?.1 Holidays r�cegnized and observed. The following days shall be recog- nized and observed as paid holidays: I�?ew 1'ears Day Colu.T�bus Day President�' Day Veterans' Day Nemorial Day Thanksgiving Day In�epend.ence D�y Christmas Day Laber Day Two floa.ting holidays Eligible Er�ployees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed abave shall fall on Saturday, the preceding Friday shaZl be cbserved as th� holi- day. Whenever any of the holidays listed above shall fall on S'unday, the succeeding Monday shall be observed as the holiday. 13.2 The floating holidays set forth in Section 1 above may be taken at any time durir� *he contract year, sub�ect to the approval of the Department Heac� of any ��`np�oyeP. 13.� Eligibility Requirements. In order to be eligible for a rolic3ay �,rit�i pa;r, an r"�-..ployee's name must agpear on the payroll on any six wor�;ing d�ys c�f the nine working days preceding the holiday; or an bnployee's name must �.ppear on the payroll the last working day before the holiday and or. 4:hree other workin� dsys of the nine working days preceding the holidd;�. In r.eit}:F.r case shali the holiday be counted as a working day for the purposes ef thi: section. It is flzrther understood that neither temporary, emergency nor - c�her emplo;rees not heretofore eligible shall receive holiday pa;;, - 2� - A13TICLE XIV - JURY DVrY 1�+.1 Any �mployee who is required during his regular working h�urs to appear in court as a �uror or witness except as a witness in his own behalf a.gainst ___ _ _ the CITY, shall be paid his regular pa,y while he is so engaged, provided however, that any fees that the employee may receive from the court for such service shall be paid to the CITY and be deposited with the City Finance Director. Any employee who is scheduled to work a shift, other - - - � than the normal daytime shift, shall be rescheduled to work the normal I daytime shift during such time as he is required to appear in court as a � �uror or witness. � __. __ I � =--! - - - ----- � _ _--— ; ; - 21 - � � 1 ( � � ARTICLE XV - 5E�'VERENCE PAY ' ��`� �9 15.1 Employees shall be eligible for severance pay in accordance with the Severance Pay Ordinance No. 11�+90. The amount of Severance Pay allowed shall be tha.t amount permitted by State Statutes sub,ject to the provision that the maximum amount allowed shall be $�+,000. 15.2 All employees shall retire tYam employment with the IIuiPIAYER no later than the last calendar da.y of the month in which an employee becomes sixty-five (65) yesrs old, - 22 - � ARTICLE XVI - WAGES 16.1 'I`he basic hourly wage rates as established by Appendix A shall be paid for all hours worked by provisional, regular and probationary employees. 16.2 The basic hourly wage rates as established by Appendix B shall be paid for all hours worked by temporary or emergency employees. � - 23 - . . �� : . � �g�9 . ARTICLE XVII - SAVINGS CLAUSE 17.1. This Agreemen� is sub�ect to �he laws of the United States, the State of Minnesota, and the City of St. Paul. In the event ar�y provision of this Agreement shall hold to be contrary to law by a court of carnpetent jurisdiction fYom whose final �udgement or decree no appeal has been taken within the time provided, such provision shall be voided. All other pro- visions shall continue in full force and effect. - 24 - ARTICLE XVIaI - P►ESIDEWCE 18.1 All new employees appointed after February 19,1976,wou1�' be required to reside in the City of Saint Paul within one year of their original appointment, and thereafter would be required to remain within the City limits as lon� as they were emp�.oyed by the City of Saint Paul. 18.2 This residency requirement shall apply to unclassified employees as well as classified employees. 18.3 Applicants for p�sitions in the City of Saint Paul will not be required to be residents of the City of Saint Paul. I _� 1$.1� �n�loyees failing_to__meet.._tt�e residency requirement will be _subject to - -___ _ _._- _._ __ _ - - - -- . - ----- termination and a hearing process shall be established to determine whether the residency requirement was met. - 25 - ' . - ' ' ��`� ARTICLE XIX - JURISDICTION 19.1 Disputes concerning work �urisdiction between and among unions is recognized as an appropriate sub3ect for determination by the various unions representing employees of the EMPLOYER. 19.2 In the event of a dispute concerning the performance or assignment of work, the unions involved and the IIv1PIAYER shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the F�IPLOYER to accampZish the work as originally assigned pending resolution of the dispute ar to restrict the E�lPLOYER's basic ri�ht to assign Work. � 19.3 Any employee reflzsing to perform work assigned by the II�IP7AYER shall be --- ----__ - - --- _ _ _ , -- sub�ect to disciplinary action as provid�d in Article VII (DISCIPLTNARY PROCEDURES). 19•�+ There shall be no work stoppage, slaw dawn, or any disruption of work resultirag f�vm a work assignment. 19•5 The sub-contracting of work done by the emp�.oyees covered by this AGREF�IEP,'T shall in all cases be made only to �IPLOYERS wh� qualify in accordance with Ordinance No. 1�+013. - 26 - . .,- � , , n ARTICLE XX - SICK LEAVE '�F:.+�� 20.1 Sick leave without pay may be granted in accordance with the provisions of Section 35E of the Civil Service Rules for- a period up to but not to exceed 3 years. - 27 - : • ' � ��y/f�7i' �9 ARTICLE XXI - TERMS OF AGREEMENT 21.1 Except as herein provided this Agreement shall be effective as of t.he date it is executed by the parties and shall continue in full force and effect thru April 30, 1978, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify this Agreement shall notify the other in writing so as to comply with the provisions of the Public gnployment Labor Relations Act of 19?1, 21.2 This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City, the City Council and Independent School District No. 625 and is also subject to ratification by the UNIONS. WITNr,SSES: �ITY C`F St�Ii;'I' PALTL '�'�I COUNCIi, :� �i " _ �� .., �j..''� ' ! � j� jk� ��.. .J+�L.*'J ` Y: � ��..- ' ' `�/ �" ��-, ---�` T_zbor Relations D'rPC�or Busi ess Mana�er, Locai �32 I BY• BY' Business Representative, Loca]. 1?2 .-------,_ �- � BY: BY• ,�.-=--�-f-�� `Y�.->>..�..�_.!.-' Civil Service Commission }3�isi ss Represent� ve, Lo�al �9 �� , -� . �f>�/ C � ' `- _ BY. /� ��' G�' �'�'�'1�' _ < *?ayor ^ siness Represerita�f ve, Local 120 _ __ ____ ___ _ __ _- BY: City Attorney Bv. Independent School District 25 School Board Negotiator BY: De�?uty Superintendent - 28 - � , . -� , , • nrpEr�zx a � The hourly wage rates for provisional, regular and probationary employees working in the classes listed below are as shown: Effective Effective Effective 5-01-76 i-o1-77 9-01-77 Air Compressor Operator $7.66 $7.86 $8.06 Asphalt Batcherman 8.38 8.5$ 8.78 Asphalt Raker 7.71 7.91 8.11 Asphalt Plant Engineer 8.38 8.58 8.78 Asphalt Shoveler 7.39 7.59 7•79 Backfiller O�erator 8.38 $,5$ $_78 Bituminous Curb Machine Operator 7.68 7.88 8.08 Bituminous Spreader Operator 8.3$ �.58 $.78 Bridge Crew Leader 7.60 7.80 8.00 Bridge Laborer 7.39 7.59 7•79 Building I,aborer 7.29 7,49 7,69 Ditch Digger 7.39 7.59 7.79 Heavy Equipment Operator-Asphalt Plt 8.38 $•5$ 8.78 - Itoisting Engineer 8.3$ - 8,58 ��78 Jackhammer Operator 7.43 7.63 7•83 Kettle Fireman 7•39 7•59 7•79 Labor Crew Leader 7.51 7.71 7.91 Miner 7.91 8.11 8.31 Miner - Water Department 7.91 8.11 8.31 Mixer Engineer 7.78 7.98 8.18 _ -- - __ _--- Mortar Mixer 7.43 7.63 7.83 Motor Equipment Operator �.38 8.58 8.78 Motor Equipment Operator-Water DeFt• 8•38 8.58 8.78 Motor Patrol Operator 8.38 8.58 8.78 - Al - _ . . APPEr1DIX A (continued) �� . F.� '�� • • ' ' E`'fective Effective Effective ' ' 5-01-75 1-01-77 g-oi-77 Paving Breaker (Hydra-Hammer Opr) $8.38 $8.58 $8.78 Plasterer's Tender �.1Z 8.31 8.51 Power Clam Operator 8,38 $,58 $,7$ Power Shovel Operator 8.57 8.77 8.97 Public Works I,aborer 7.29 7.49 7•69 Pulvimixer Operator R.3� 8.58 �.78 Pumperete Operator �,46 $,6E $,86 Road Machinery Operator 7.29 7.�+9 7.69 Roller Engineer (Under 6 tonsj 7.78 7.98 8.18 Roller Engineer (6 tons or over) 8,3� 8.58 8.78 Sanitation Laborer 7,2a 7,49 7,69 Sewer Crew Leader 7.72 7.92 8.12 Sewer I,aborer 7.51 7.71 7.91 Sewer Maintenance Lsborer 7.51 7.71 ?.91 Sno-Go Operator 8.38 8.58 8.78 Sweeper Operator 8.38 8.58 8.78 Tamper 7•57- ----- �-.77 - ��7 Tractor Operator I 7.78 7,9g g,1g Tractor Operator II 8.38 8.58 8.78 Tractor Operator II (Back Hoe) 8.38 $.58 8.78 Truck Driver 7.29 7,49 7.69 Tunnel I,aborer 7.53 7.73 7.93 Unskilled I,aborer 7.29 7.49 7•69 Vibrator Operator 7•39 7.59 7•79 Water I,aborer 7.29 7.�+9 7.69 Water Serviceman I ?.�+4 7,64 7,84 Water Serviceman II (Gonnectior:s) 7,60 7.80 8.00 Water Serviceman II (Mains) ?.60 7.80 8.00 - a� - • , . APPENDIX A (continued) , , • E�'F. 5-01-76 EFF. 1-01-77 EFF. 9-01-77 AFTER AFTER AFTER START 6 MOS. START 6 MOS. START 6 MOS. Garden Laborer $5.80 $6.15 $6.15 $6.5� - $6.50 $6.85 Gardener 6.05 6.41 6.40 6.76 6.75 7.11 Groundsman 6.05 6.�1 6.40 6.76 6.75 7.11 Playground Custodian 6.05 6.41 6.40 6.76 6.75 7.11 Resident Groundsman 6.05 6.41 6.40 6.76 6.75 7.11 School Grounds Maintenance Foreman 6.37 ._ 6.7�+___ 6.72 7.09 7.07 7.44 Tree Tritrnner I 6.05 6.41 6.40 6.76 6.75 7.11 Tree Trimmer II 6.49 6.89 6.89 7.2g 7.2g 7.69 Watershed I,aborer 6.55 6.89 6.95 7•29 7•3� 7•��+ - A3 - � ' APP�.NDIX A �� • _ . .i � . The hourly wage rates for temporar;� and emergency employees working in the classes listed below are as shown: Effective Effective 5-01-76 5-01-77 Asphalt Batcherman $9.83 $10.48 Asphalt Raker 8.20 8.7Q Asphalt Plant Engineer 9.83 10.48 Asphalt Shoveler 7.85 8•35 Bridge Crew Leader 8.05 8•55 Bridge I,aborer 7.85 8.35 Building Laborer 7.75 8.25 Ditch Digger 7.85 8•35 Jackhammer Operator 7.90 8.40 Kettle Fireman 7.85 8.35 I,abor Crew Leader 7.95 $.�5 Miner 8.43 8•93 Miner-Water Department $.�+3 8•93 _ _ __ _ Mortar Mixer _ _ 7._90.___ __ 8.40___ Public Works I,aborer 7.75 $•25 Sanitaxion I,aborer 7.75 8.25 Sewer Crew Leader 8.15 8.65 Sewer Laborer 7.95 8.40 Sewer Maintenance Laborer 7.95 8.40 Tamper 8.05 8•55 Tunnel Laborer 8.00 8.50 Unskilled Laborer 7.75 8.25 Vibrator Operator 7.90 8.40 - Bl - '. � , . ' APPENDIX B (continued) Effective Effective 5-o1-7F 5-01-77 t�,ater I,�borer �7.75 $8.25 Water Serv�ceman I 7.gQ 8.40 Water S��rvicemsn II (Connectionsj 8.05 8,55 water Servi^er�e� rI (Mains) 8.05 8.55 For ter;,�orary ard. e�:ergency employees wnrkino in the above titles the fo]_lowing fringe benefit contributions shall be made to the Minnesota Laborers ' F'ringe Benefit F1ind. Health and Wealth 45¢ per hour worked Pension 45¢ per hour worked Vacaticn �+0¢ per hour worked The hourly wa�e rates for temporary� and emergency employees working in the cl.ass listed belo�a are as shown: Effective Effect�ve 5-01-76 5-01-77 ^iasterer's Ter_der ��?.�1 For te�rporar;;> ar.d emPrgenc;f er_?ployees working in the above title the followir.� �ringe Benefit contributions shall be made to the Minnesota I,�borers ' Fringe Ber.efit Fund. N_ealth ar_d We31.th 45� per hnur wor�ed Pension 45¢ per hour worked V�_^at�o^ 40� per hour r:orked� �`I'his �0¢ vacat�on cantribution is taxable. . - 82 - � �y . � � Y � r ' • APPENDIX B (continued) The hourly ti�age rates for temporary and emergency employees work.ing in the classes li.sted belot•� are as sho�m: Effective Effective 5-01-76 5-01-77 Air Compressor Operator �9.10 49,75 Backfiller Operator 9,78 10,�;3 Bi.tuminous Curb Machine Operator �.10 �.75 Bituminous Spreader Operator 9.78 10.�+3 Heavy Equiprr.ent Operator-Asphalt Plant 9.78 10.�+3 Hoisting Engineer 9.78 10.�+3 Mixer Engineer 9,10 9,75 Motor Equipment Operator 9.78 10.43 Motor Equipment Operator--Water Dept. 9.78 10.�3 P4otar Patrol Operator �,7� 1p,43 Paving Breaker (I�ydra-Hammer Onerator) 9.78 �0,�3 Foaer C1am Opera;;or 9.78 10.�t j Power Shovel Operator 10.00 10.E5 Pulvimix.er Operator 9.78 10.�=� Pumperete Operator 9.87 1p,52 Roller Engir.eer (Und.er 6 tons� 9.10 9.75 Roller Engineer (E tcns or over) 9.7� 10.�� Sno-Go Operator 9.7� 10.�;3 __ Sweeper Operator 9.78 10.�;� Tractor OPerator I 9,10 9.i5 Tra�tcr Operator II 9.78 10.!3 Tractor Operator II (Back Hoe� 9.78 10.!�3 - B3 - .-_ � , ��. « • . ' �y,��°`jC� _• � M v � .-„. APPEPTDIX B (continued) . For temporary and emergency employees working in the above titles the followin� fri.nge benefits shall be made to F�znds designated by IUOE, Local �9. Health and Weal�h 45¢ per hour worked - Pension �+0¢ per hour worked The hourly wage rates for temporary and emergency employees working in the classe� listed below are as shown: Effective Effective 5-01-76 5-01-77 Road Machinery 0«erator $9.00 $9.50 �ruck Driver 9.00 9.50 For the purpose of t�?is Appendix "B" regular employees working on a temporary �ar emerger.cy apgoint�:ent sha11 receive the city's regular rate of pay applicable to the title in w��h they are temporarily working and no fringe benefit contributions shall be made for su�h hours worked. The hourly wage rates for tempor.ary and emergency et�ployees working in classes listed below are as sho�•m: i Eff. S-01-76 Eff. 1-01-77 Eff. 9-01-77 AFTER AFTER AFTER START 6 MOS START 6 MOS START 6 MOS Garden I,aborer $5.80 $6.15 $6.15 $6.50 $6.50 $6.85 Gardener 6.05 6.41 6.40 6.76 6.75 7.11 Groundsman 6.05 6.41 6.40 6.76 6.75 7.11 Playground G�zstodian 6.05 6.�+1 6.40 6.76 6.?5 7.1i Resident Groundsman _ _ 6:0�-_---_ _G.��- 6.40- 6:76 E.75 7.11 School Grounds P•".air.tenance Foreman 6.37 6.74 6.72 7.09 7.07 7.4�+ Tree Trimmer I 6.05 6.41 6.�+0 6.76 6.75 7.11 Tree Trit�*�er II 6.�+9 6.89 6.89 7.29 7.29 7.69 Watershed I,aborer 6.55 6.�?g 6.95 7.29 7.3� 7•�� - B�+ - 1 _ ,. � � _ , � � . . ,�. a!�; - po'nv�t d�t�ch �tht� r�re�n�randum '��c�m the (9 ` �� . , � � ,, - � � _ � � � � ��a�dia�a�ce so fh�� tt��f�tpc�� w�11 �t�� b� ., . , ., � � �M y �*, . �' � � . . �� Y� � � � . � • 1 . . . . � �e . ,° '.� �. .. 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' � . x.�. � :q � P � • - , rVh., ..� .. k Q , � � r `� �� lst _ _ �/� �V 2nd 3rd ��f� Adopted �� sr Yeas Nays BUTLER HOZZA � HUNT �� I �"`�`1 LEVINE � ROEDLER TEDESCO PRESIDENT (SYLVESTER)