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266865 WH17E - CITV CLERK COUI1C11 ��C� PINK - FINANCE � CANARY - DEPARTMENT GITY OF SAINT PAiTL �� BLU E ..e,�,Y,o�.. �. File N O. i� 1 " 1 GLZIZG�IZCP. Ordinance NO. �� `�[J Presented By Referred To Committee: Date Out of Committee By Date S ✓ An Adm3nistrativ� Ordinance approving the terms arid ! condition� cf a 19?5-76 Collect3ve Bargaining Agrees�ent between the City ef Saint P�ul, Zndependent 3chool Dia- triet No. 625 and the Tri-Couneil, composed of I,�bc�rera Local 132, Teamster� Local 120, and Operating Engineer8 � ` Local 49. .�_ - WHERI�AS, The Couneil, pursua�t tc the provisions of Section ].2.09 of the Saint Paul City Charter and the P�.blic �rrployees Labmr Relations Act of 1g71, as amended, recognizes the Tri-Council, co�pcaaed of I,aborers Loeal 132, Teamsters Local 120, arid Operatix�g Engine�re Loca�7. 49, ae ex�lusive reprea�ntativ�e for those claases of positiona xithin t�e City of Saint Paul certified by the Burea�u of Mediation S�rvices under Ca�e No. 73-PR-�+2?A f or the pur�ose of ineetiag snd riegotta,ting the ter�a aud �nditicra� of employ- ment for all f1il.1-time personnel in the clssa�s af poaitions aa set forth ia the Jlgre�ment betireen the City, Independ�nt 8chc�l Distriet No. 625 and the eacclusiv� rep�eaeatativ�es hereinabo�v� refereMeed; and __ W�B� The �g,ilay�s thtwugh designated s�e�esen�atives and the exclu- aive r�presentut3v�e� hav� met in g0c�cl faith and luv�e negc�tiated the eecma�ic terms and eonditioas of rm�ployment far the period f'ra�a M�y l, lq7S, thiw�gh April 30, 1976 for such peraonn�l, aa are sat �'ar�th in the Collectiv�e �rgain- ing Agreement betW�een tbe City and eaccluaive r�preaeat�tives; nc�, thersf�re THE GflUNCIL OF' TI� CITY OF' SAIlIT PAUL �OES ORDiAIl�i: Sectian 1. �hat the Cc�llective Be�rgair►ing Agre�ment c�ted as of the ef'fectiv�e da,te of this Or�iin�ance� 'betkeen th� City of S4int Paul �nd ths Tri-tknmcil� ccm- poaed of Laborera Local 132, Teamstsrs Lc�eal 120, and dperating Engi.ne�rs I�c�eal �+9� on file in the ofYice of the City C1�rk� is hsreby approved� and the author- ized administx�e�:tiv�e of"Pici�,l.a of the City ars hereby authorised and directed to eaceeute sa�id Agreement an behalf of the City. -1- COUNCILMEN Yeas Nays Requested by Department of: Christensen Hozza In Favor Levine Roedler Against By Sylvester Tedesco President Hunt Form pproved C A Adopted by Council: Date Certified Passed by Council Secretary BY By Approv�by Mayor: Date Approve by May u uncil By BY �� '� � �� Do not detach tn�s m�m^!rand�.+m from t ` tJM U1: iZ,1975 � � ,, . � � i�.t-�:rr►ation will be ��c3�� ordinance s� � � D��T�I'��T��' S°,1��L.STRAT 'Y� �tD,�R'�, RESQ� TIONS A1�JD OI�D�N�i`C, ' Da�e: !'ebr�arr �3, ig76 � �'Q: TH�JMA�S J. KEL�,�Y, C�TY �DI�NZSTRA�'OR ��, r+�:e�ei o�rrs�. ��t Areli�asce f�r su�aiNSiom t� Citg t:�nail : : , r ;: a A TICaN RE4tJE��'��?: � I re�ea�. ya�t ap�r�+al atnd st�l�issicm �f tl�.s e,t to,� �ity �tei�. ; ;�' :'; ,� , i _ . i =°i �U�i +4��. : p RA'�'IQN�LE �� T�� ACT .QN: ;�. x� Tl�is erali�a�ce ap�o.e. tl�e ig7�•7f ce�ll��,r� �►rgaim#�g it�i�t �t-��.�► �f `8'�. l�anl, Iad�p�st $��. �is�rict go. �5 aad tlLe �t,�i1« � �-Q��#�il ' � .� is aa�ls vp a! Loc�►]. 132, �aal ].2�i a� �+w1. �9'r�rea�€ ` �e �ar�t, !�k �s�rs ssa ��a�r �ii�at E�p�tmrs r�spss��sv�ely. �his �at�t , ��rs t�e �'.� .►a�;e insrea�e a�etic�aat#1r+e �e lt�ssy l, 19�f� as cleterrined "!pr aa� lttl� tra�i� Ai�tel't � �ated J�aaar�r 26, 1976. , AT'�'�.CI�IM�TT�; Ordi�saae (c�nsisti� .t 2 �ea), c�r !er City �l�rlc an� 11�s�ki�n H�rgaiaiag llgreer�t. . A��FPR OT�,� . Qr�naa . e� e�, itty' dmlm sxrator .WM17E - CITY CLERK ��s�7�� PINK - FINANCE GITY OF SAINT PAUL Council . CANARY - DEPARTMENT BLUE -�131Itjk'� File �O. � � • ''](� Ordindnce OrdinanceNO. �� S �7 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 clate of thi� Ordinance except as otherwise provided i.n said Agree�onent. The �tage schedules contained in said A�eea►�nt shall tak� force and effect retroactively to May 1� lgTS in acca�danee �ri.th �he award granted by a State Arbitration pa.nel dated January 26� lqj6 and in accordan�e �ith the expressed intent and agreement of the Cc>uricil contained in Council File No. 26�7�8. A Section 3. That aa�y� other Ordinanee, rule or regulation in force when aaid A�e�ment takes effect, 3xiconsistent with any prc�vision o�' the terms and conditions of said Agreement, is hereby re�pealed. � Section �+. That this Ordinance ahall take e�fect and be in force thirty (30) days aFter its pe�saage� appraval and publication. Approved� � irman Civil $erviee C�mission -2- COUIVCILMEN Yeas Nays Requested by Department of: Christensen Pel"BOArie1 OYf'iCe I� gunt [n Favor Levine Rcedler O Against gy Thc�aa D. Gleason, Dir. of Per�sonnel Sylvester � � z�� f976 Form A roved b Cit Attorne Adopted�y .�� T°��crf� PP Y Y Y a C ' d Pass d by C ' Secr�ar BY By Appro by Mayor: Da � Approv y Mayor r o u il �� _ g By �s�m �a 2 �9 .� • , , ' � A� p,�,. .�;j�1�� . � i `'(��1 f �� .�. COLI,ECTIVE BARGAINING AGREEMEI�T ; BETWEEN '.�HE CITY OF SAINT PAUL ' Al� � 7HE INDEPENDENT SCHOOL DISTRICT 1�. 625 , � i F19TERID INTO WITH TI� TRI-COUNCIL Loc�w 120 - Lor,�aL b9 - � Loc� 132 I r. � � , , . �4 ��'�� INDEX ARTICLE TITLE PAGE Principles 1 I Recognition 2 II Maintenance of Standards 4 III Union Rights 5 IV Payroll Deductions 6 V Management Rights 7 VI , Safety 8 VII Discipline 9 VIII Hours - Premium 10 IX Insurance 11 X Grievance Procedure 12 XI Seniority 16 XII Vacations 18 XIII Holidays 19 XIV Jury Duty 20 XV Severance Pay 21 XVI Wages 22 XVII Saving Clause 23 XVIII Residence 24 XIX Jurisdiction 25 3IX Terms of Agreement 26 Appendix A A1 Appendix B B1 - ii - � - , � � �, � <� ��,?��°w; PRIIVCIPLES `"' `��t� This AGREEI�NT is entered into to facilitate the ad�ustment of grievances and disputes between the �nployer and F�mployees to provide, insofar as possible, � for the continuous employment of labor and to establish necessary procedures for the amicable adjustment of all disputes which may arise between the CITY and the UNION. The CITY and the UNION encourage the highest possible degree of practical, friendly, cooperative relatinships between their respective representatives at all Zevels. The officials of the CITY and the UI�TION realize that this goaZ depends primarily on cooperative attitudes between people in their respective organizations and at all levels of responsibility, and that proper attitudes must be based on full understanding of and regard for the respective rights and responsibilities and that proper attitudes must be based on full understanding of and regard for the respective rights and responsibilities of both the CITY and the employees. There shall be no discrimination against any bnployee by reason of race, color, creed, sex, or U1vI0N membership. The CITY and the tJNION aPfirm their joint opposition to any discriminatory practices in connection with employment, promotion, or training, remembering that the public interest remains in f1x1.1 utilization of Employees skill and ability without regard to consideration of race, color, creed, nationaZ origin, age or sex. - 1 - . �'� ' A,RTICLE I - RECOGNITION �` `"��`Z� . ' 1. 1 The CITY recognizes the UNION as the sole and exclusive collective bargaining agency for all Employees that have been certified by the State of Minnesota, Case No. 73-PR_427-A, as follows: All employees of the City of St. Paul in the classifications of Air Compressor Operator, Asphalt Batcherman, Asphalt Plant Engineer, Asphalt Raker, Asphalt Shoveler, Backfiller Operator, Bituminous Curb Machine Operator, Bituminous Spreader Operator, Bridge Crew Leader, Bridge Laborer, Building Laborer, Ditch Digger, Garden Laborer, Gardener, Groundsman, Heavy Equipment Operator--Asphalt Plant, Hoisting Engineer, Jackhammer Operator, Kettle Fireman, Iaabor Crew Leader, Miner, Miner--Water Department, Mixer Engineer, Motor Mixer, Motor Equipment Operator, Motor Equipment Operator--Water Department, Motor Patrol Operator, Paving Breaker (Hydra Hammer Operator), Plasterer's Tender, Playground Custodian, Power Clam Operator, Power Shovel Operator, Public Works Laborer, Pulvimixer Operator, Pumperete Operator, Resident Groundsman, Road Machinery Operator, Roller Engineer (Under 6 tons), Roller Engineer (6 tons or over), Roofers Helper, Sanitation Laborer, School Ground Maintenance Foreman, Sewer Crew Leader, Sewer Laborer, Sewer Maintenance Laborer, Sno-Go Operator, Sweeper Operator, Tamper, Tractor Operator I, Tractor Operator II, Tractor Operator II (Backhoe), Tree Trimmer I, Tree Trimmer II, Truck Driver, Tunnel Laborer, Unskilled Laborer, Vibrator Operator, Water Laborer, Water Serviceman I, Water Serviceman II (Connections), Wa��r Serviceman II (Mains), and Water-Shed Laborer who work more than 14 hours per week and more than 100 work days per year, excluding Supervisory, Confidential, temporary, emergency, and employees exclusively represented by other labor or employee organizations. - 2 - �� _ • <`�� , +� _ `-`�LJ � � The parties agree that any new classifications which are 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 bargaining unit, and the parties shall take all steps required under the Public Employment Relations Act to accomplish said objective. 1. 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 individual agreements with any employees that conflict with the terms of this Agreement, and any such agreement or contract shall be null and void. - 3 - � ARTICLE II - MAINTENANCE OF STANDARDS ? ��,� 2, 1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations and all other general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Personnel Rules of the City of St. Paul (Ordinance No. 3250) and Ordinance No. 6446 at the time of the signing of this Agreement, and the conditions of employment sha.11 be improved wherever specific provisions for improvement are made elsewhere in this Agreement. � - 4 - .' - � � �� ARTICLE III - UNION RIGHTS 3.1 The UNION may designate employees with the bargaining unit to serve as Union Stewards. 3.2 The UDTION may designate employees from within the bargaining unit to act as Stewards and shall inform the EMPIAyER in writing of such designations. 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 grievance proc�dures. 3.4 Designated Union Representatives shall be permitted to visit employees on job sites and at department buildings during worlsing time. - 5 - • � <`�� c `"`�` ► ARTICLE N - PAYROLL DIDUCTION ; 4.1 The CITY shall, upon request of an employee in the unit, deduct such � sum as the �ION may specify for the purpose of dues to the UNION. The � CITY sha.11 remit monthly such deduction to the appropriate designated UNION. 4.2 In accordance with M.S.A. 179.65, Subd. 2, the CITY agrees tha:t upon notification by the UNION, the CITY shall deduct a fair share fee from all certified employees who are not members of the exclusive representative. ; In no instance shall the required contribution exceed a pro rata share of ; the specific expense� incurred for services rendered by the representative � in relationship to negotiations and administration oP grievance procedures. i �+•3 The UNION will indemni�, defend and hold the CITY harmless against any � claims made e�nd against any suits instituted against the CITY, its officers or employees, by reason of negligence of the UNION in requesting or receiving deductions under this Article. The CITY will indemnify, 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 - . � � � ��-, s�.�.� . J�� ARTICLE V - MANAGII�NT RIGHTS 5.1 The UNION recognizes the right of the F�nployer to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the F]nployer has not officially abridged, delegated, or modified by this Agreement are retained by the F�aployer. 5.2 A public employer is not required to meet and negotiate on matters of � inherent ma.nagerial policy, which include but are not limited to, such areas of discretion of policy as the ftinctions and programs of the employer, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. - 7 - . n � ARTICLE VI - SAFETY �� t 6.1 Accident and injury free operations shall be the goal of all Employers and F�nployees. To this end the bnployer and E�nployee will, to the best of their ability abide by, and live up to the requirements of the several State and Federal Construction Safety Codes and Regulations. 6.2 To this end the �nployer shall from time to time issue rules or notices to his E�ployees regarding on the job safety requirements. Any F�nplo,yee violating such rules or notices shall be subject to disciplinary action. No E�nployee may be discharged for reflzsing to work under unsafe conditions. 6.3 Such safety equipment as required by governmental regulation, shall be provided without cost to the gnployee. At the F.lnployer's option, the E�nployees may 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, providing reason- able wear and tear. The Elnployer shall have the right to withhold the cost of such safety equipment if not returned. - 8 - � ARTICLE VII - DISCIPLINE pRpCEDURES �'C� '`'� `�'�'�� l l d 7.1 The �nployer will discipline emplayees for just cause only. Discipline will be in the form of: a) Oral reprimand; b) Written reprimand; c) . Stiispension; d) Reduction; e) Discha.rge. 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. 7.4 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the E�nployee and�or UNION may request, and shall be entitled to a meeting with the F�nployer representative who initiated the suspension with intent to discharge. During said five (5) day period, the E1�ipl.�rer may affirm the suspension and discharge in accordance with Personnel Rules or may modif�r, 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 grievance procedure under Article X. 7.6 E�nployees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than one half hour after the beginning of such work day. 7.7 Failure to make such notification may be �rounds for discipline. - 9 - _ , , R . <." 6�,'�?�''- �. .�z`� ARTICLE VIII - HOURS, PR�'"lU:� PAY 8.1 Hours of r'Z.nployment-- The normal wor� day and the normal work week shall ' be 8 hours ex_cluding � hour for lunch in any twenty-four hour period and �t0 nours in any seven-day period. (For employees on a shift basis, this shall_ be construed to meen an average of forty hours a week.) The normal work week shall consist of five consecutive normal work days. ; � 8.2 Excegt in cases of emergencies, th� �2�PIAYER sha.11 notify the affected � Unian of ar� intention to change a shift at least 24 hours prior to the beginning of the new shift. 8.3 E�nplflyees shaZl report to work loc�.tion as assigned by a designated EMPZAYER supervisor. Dvrin� the normal work de�y employees �ay be assigned to other work loca�ions at the discretion ef the D�lPIAYER. 8.4 Call-in-Pay-- When an bnployee is called to work he shall rece�ve two hours` pay if not put to wcrk. If he is caiied �c work and comT�er.ces wcrk, he shall bE guaranteed four straight tir:e hcuxs' pay. These previsior.s, hawever, shall not be effective when work is un�.ble to proceed because of adverse weather conditior.s. 8.5 An employee shall be recompensec'. for work done in excess of tne normal 2;ours by being pr�id on a time and one-half of his regular hourl5� rate for such o�,�erti��e TJOI'k. 8..5 Overtir.se-- Time on the pa5•roll in excess of the norm�.l ha�irs set forth at�ove s�all be "evertime work" and shall be dcne only by order of tr.e head of the department. - i0 - � � . � y�� ARTICLE IX - INSURANCE 9.1 The Employer will continue for the period of this Agreement to provi.de for bnployees such health and life insurance benefits as are provided by bnployer at the time of execution of this Agreement. 9.2 The EYnployer will for the period of this Agreement provide for �3nployees who retire after the time of execution of this Agreement and until such Employees reach sixty-five (65) years of age such health insurance benefits and life insurance benefits as are provided by the F�aployer for such Employees. 9•3 In order to be eligible for the benefits under this early retiree provision, the employee must: 9•3Z Be receiving benefits from a public employee retirement act et the time of retirement. 9.32 Have severed his relationship with the City of St. Paul under one of the early retiree plans. - 11 - � .� . �� I 4��!�-..°� ARTICLE X - F'�NIPI�OYEE RIGI�S - GRIEVANCE PROCIDURE � �{-� 10.1 The EMPLOYER shall recognize stewards selected in accordance with UNION � rules and regulations as the �rieva.nce representative of the baxgaining i i F unit. The UNION shall notif�r the F�IPLOYER in writing of the names of the i stewards and of their successors when so named. � 10.2 It is recognized and accepted by the II++iPLOyER and the UNION that the pro- cessing of grievances as hereinafter provided is limited by the �ob duties � and responsibilities of the Ilnployees and shall therefore be accomplished i during working hours only when consistent with such F�nployee duties and : responsibilities. The stewa.rd involved and a grieving F�nployee shall suffer no loss in pay when a grievance is processed during working hours, ; provided the steward and the bnployee have notified and receive the approval % of their supervisor to be absent to process a grieva,nce and that such absence would not be detrimental to the work programs of the EMPIAYER. 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 and conditions of this Agreement. � 10.�+ Grievances shall be resolved in conformance with the follawing procedure: Step l. Upon the occurence of an alleged violation of this Agreement, the �nployee involved shall attempt to resolve the matter of an informal basis with the Employee's supervisor. If the matter is not resolved to the IInployee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. - 12 - . . ARTICLE x - El�'LOYEE RIGHT3 - GF{�VA1fCE PROCIDURE (continued) � � ' . � , � . � ��'� ; �-' .�.L , Any elleged violation of the Agreement not reduced to writing by ; i the UAIOA aithin seven (7� calendar days of the first occurrence of ! the event giving rise to the grievence or within the use of reasoneble � diligence should have had knrn+Iedge of the first occurrence of the event giving rise to the grievence, shell be considered waived. � 3tep 2. Within seven (7) celendar days after receiving the written . grievance a designeted F�nployer supervisor shali meet i,rith the tJNI�I� Steward and nttempt to resolve the grievance. If, as e result af this meeting, the grievance remains unresolved, the �ployer shall reply � in writing to the UNION withia three (3) calendar days foilowing this meeting. The UNION may refer the grievance in writing to 8tep 3 i►ithin seven 7) calender da s followi I ( y ng receipt of the F�ployer's written answer. Any grievence not referred in writing by the UI�ION within seven i (7� celender days follorring receipt of the Flnployer's answer shall be !� considered waived. Step ?• Withi.n seven (7) calendar deys foll.owing receipt of a grievence ' referred from Step 2 a designated �tpioyer supervisor shall meet with the UNION Business Manager or his designeted representative and ettempt to ; resolve the grievance. Within seven (7) cnlendar days followiag this meeting the F�ployer shall reply in writing to the LTNION stating the Bnployer's ensWer concerning the grievance. If, es a result of the written response the grievance remains unresolved, the U1�IOA may refer the grievance to Step 4, Any greivance not referred to in writing by �he UAI01� to Step 4 within seven (7) calendar deys follor�ring receipt of the Hmployer's answer shell be considered xaived. - 13 - 1 . , � ARTICLE X - Et�IAYEE RIGATS - GRIEVANCE PROCEDURE (continued) <.; '�'��±�f.'b".�) �—` ..%''�,1 SteP 4. �If the grieva.nce rema.ins unresolved, the UNION may within ; seven (7) calenda.r days after the response of the II�LOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the ' j grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the F3�IPLOYER and the UNION within seven (7) day period, eit her party may request the Public ' F�rrployment Relation Board to submit a panel of five (5) arbitrators. Both the II�IPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall strike the first (lst) name; the II�PIAYER shall then strike one (1) name. The process will be repeated and the remaining person sha.11 be the arbitrator. 10.5 The Arbitrator sha.11 have no right to a.mend, modify, nullify, ignore, add to, or subtract fYom the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the II�IPIAYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without pawer to ma.ke decisions contrary to or inconsistent with or modif�ring or varying in ar�y way the application of laws, rules, or regulations ha.ving the force ; and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days follawing close of the hearing or the submission of , briefs by the parties, whichener be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's inter- pretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the IIvIPLOYER, the UNION, and the �nployees. - 14 - � , I f i . , , � �` a�� ARTICLE X - II�IAYEE RIGATS - GRIEVANCE PROCIDURE (continued) - 10.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the II�IPIAYER and the UNION, provided that each party shall be responsible for com�pensating 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 pa.ys for the record. 10.7 The time li.mits in each step of this procedure may be extended by mutual agreement of the IIKPLOYER and the UNION. 10.8 It is understood by the UNION and the II�lPLOYER 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 of Saint 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 procedure. � - 15 - . ' ` ' �-1. , <.� ;��p�,� ARTICLE XI - SENtORITY 11.1 Seniority, for the purpose of this Agreement, shall be defi.ned as follows: A. "City Seniority" - The length of continuous, regular and probationary servi.ce with the EMPIAYER 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 EI�IAYER 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 confined to the current class assignment held by an e�ployee. 11.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 11.3 A. In the event it is determined by the EMIPLOYER that it is necessary to reduce the work force, employees will be laid oPf 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 one year of layoff. - 16 - ARTICLE XI - SFNIORITY (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 of these titles to which class seniority would keep them from being laid oPf, before layoffs are made by any class title in any department. C. It is ftirther understood that a laid off employee shall have the right to placement in any lower-paid class title in this bargaining unit, provided said employee has been previ.ously certified and appointed in � said lower-paid class title. In such cases, the employee shall first be placed on a reinstatement register and shall have "Class Seniority" based on the date originally certified and appointed to said class. bnployees 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 assignments shall be subject to the ability of the EI�IAYER to maintain operations. 11.5 Promotions shall be handled in accordance with current Civil Service Rules and practices. - 17 - . • i . - � � ARTICLE XII - VACATIONS �': �.k�,�r�'�� _ ,� � 12.1 In each calendar year, each f1x11-time employee sha.11 be granted vacation � � according to the follawing schedule: � Years of Service Vacation Granted � � Less than 5 years 10 days After 5 years thru 15 years 15 days After 15 years thru 25 years 21 days � i After 25 years 22 days ! � F�nployees who work less than ftiill-time shall be granted vacation on a pro � rata basis. ; 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 provisions of vacation shall be sub�ect to Ordinance ldo. 6446, Section I, Sub. F. 12.4 If an employee has an accumulation of sick leave credits in excess of one hundred and ei�hty days, he may convert any part of such excess of va.cation at the rate of one-half da.y's vacation for each day of sick leave credit. �.5 The maximum number of days' vacation allawed by the conversion of sick leave credits shall be no more than five days in any one year so tha.t the maximua: vacation time which may be taken in any one year shall be _thirty-seven days including the regular vacation period. - 18 - ' n ` - ARTICLE XIII - HOLIDAYS � �� t b,�;� ,.3'l°,� i R�lr ��L� 13.1 Holidays recognized and observed. The following days shall be recog- nized and observed as paid holidays: New years Day Colwnbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day Labor Day One floating holiday ' Eligible F�mployees shall 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 Saturday, the preceding Friday shall be observed as the holi- day. Whenever any af the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 13•2 The floa.ting holiday set forth in Section 1 above may be taken at any time during the contract year, sub�ect to the approval of the Department Head of any Employee. 13•3 Eligibility Requirements. In order to be eligible for a holiday with pay, an gnployee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an Dnployee's name must appear on the payroll the last working da.y before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is flirther understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. 13•�+ The regular normal work day hours preceding New years Day, January 1, and Christmas Day, December 25, shall be the first four (4) hours of that normal work day. This Section 13.4 shall be placed in effect January l, 1976. - 1g - . 1 • � � < 4��D�.� i � ARTICLE XIV - JtJRY DUTY 14.1 Any employee who is required during his regular working hours to appear in court as a �uror or witness except as a witness in his own behalf against the CI'TY, shall be paid his regular pay 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 daytime shift during such time as he is required to appear in court as a 3uror or witness. - 20 - . � � �,,,_ ARTICLE XV - SEVERENCE PAY �' ''��' i 15.1 �nployees shall be eligible for severance pay in accordance with the � Severance Pa.y Ordinance No. 11490. The amount of Severance Pay allowed shall be that amount permitted by State Statutes sub�ect to the provision ' that the maximum amount allowed shall be �4,000. 15.2 All employees shall retire fram employment with the EMPLOyER no later than the last calenda,r day of the month in which an employee becomes sixty-five (65) years old. ` � i � � i � - 2I - . , , !� • �� `.`J;��''� ARTICLE XVI - WAGES 16.1 The 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 �vage rates as established by Appendix B shall be paid for all hours worked by temporary or emergency employees. - 22 - - � � ARTICLE XVII - SAVINGS CLAUSE 17.1 This Agreement is sub�ect to the laws of the United States, the State f of Minnesota, and the City of St. Pa.ul. In the event ar�y provision of � this Agreement shall hold to be contrary to law by a court of ca�►petent f jurisdiction from whose final 3udgement or decree no appeal has been taken � within the time provided, such provision shall be voided. All other pro- visions shall continue in flxll force and effect. I 1 � � E � - 23 - �� '-�..r ARTICLE XVIII - RESIDENCE 18.1 All new employees appointed after February 19,1976,would be required to reside in the City of Safnt Paul within oae year of their original appointment, and thereaf"ter would be required to remain within the City limits as long as they were employed 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 positions in the City of Saint Paul will not be required to be residents of the City of Saint Paul. 18.4 F�ployees Yailing to meet the residency requirement will be subject to termination and a hearing process shall be established to determine whether the residency requirement was met. - 2�+ - . / � - i ARTICLE XIX - JURISDIGTION i 19.1 Disputes concerning work �urisdiction between and among unions is � recognized as an agpropriate sub�ect for determination by the various unions representing employees of the �IAYER. 19.2 In the event of a dispute concerning the performance or assignment of work, the unions involved and the FFJ1�LOyER shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the II�IPIAYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the II�IPLOYER's basic right to assign Nork. ; 19•3 Any employee reflising to perform work assigned by the FS4PLOyER shall be � sub�ect to disciplinary action as provided in Article VII (DISCIPLINARY PROCIDURES). 19•4 There shall be no work stoppage, slow down, or ariy disruption of work resulting f�om a work assigr�ment. 19•5 The sub-contracting of work done by the employees covered by this AGREEI��TiT shall in all cases be made only to �uIPLOYERS who qualify in accordance with Ordinance No. 11+U13. - 25 - 1 � _ ��'�� ARTICLE )IX - TERMS OF AG�MENT �� 20.1 bccept as herein provided this Agreement sha.11 be effective as of the date it is executed by the parties and shall continue in f1111 force and effect thru April 30, 1976 and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modif�r this Agreement sha.11 notif� the other in writing so as to comply with the pro- visions of the Public �nployment Labor Relations Act of 1971. 20.2 This constitutes a tentative agreement between the parties which will be reccamnended by the City Negotiator, but is sub�ect to the approva.l of the Administration of the City, the City Council and Independent School District No. 625 and is also sub�ect to ratification by the UIiI0N3. WITNESSES: CITY OF SAINT PAUL TRI COUNCIL • i��C-� • BY• City Negotia�o •, s' ss Manager, Local 132 BY: BY• t"YI . •Busines Representative, Local 132 �—'--� BY: • Y-�.� Civil Ser ce Co ssion ss Representative Local 9 ' , BY: SY Mayor Business eprese ve, Loca 120 BY: BY: City Attorney BY: Independent School is r ct No. 625-School Board Negotiator BY: Deputy Superintendent - � - . t�, � �.�� - xP�nIDnc A �:�,c� Effective May 1, 1q75, the hourly wage rates for provisional, regular and probationary employees working in the classes listed beZow are as shown: Air Compressor Operator $7,1�( Asphalt Batcherman $.Z$ Asphalt Raker. 7.51 Asphalt Plant Engineer $.l$ Asphalt Shoveler 7.19 Backfiller Operator 8.18 Bituminous Curb Machine Operator 7.�+$ Bit�inous Spreader Operator 8.1$ Bridge Crew Leader 7.40 Bridge Laborer 7•19 Building I,aborer 7•�9 Ditch Digger 7•19 Heavy Equipment Operator-Asphalt Pt. 8.1$ Hoisting Engineer $.1$ Jackhammer Operator 7,�3 Kettle Fireman 7.19 I,abor Crew Leader 7.31 Miner 7,71 Miner - Water Department 7.71 Mixer Engineer 7,5g Mortar Mixer 7•23 Motor Equipment Operator $.l8 Nbtor Equipment Operator-Water Dept. 8.1$ N�tor Patrol Operator 8.18 - A1 - � " APPEPIDDC A (CONTINUED) Paving Breaker (Hydra-Ham�er Operator) 8.18 Plasterer's Tender 7.91 Power Clam Operator $,1$ Power Shovel Operator 8.37 Public Works I,aborer 7•09 Pulvimixer Operator $.18 Pumperete Operator $,� Road Machinery Operator (.gj Roller EYigineer (Under 6 tons) 7.5$ Roller Engineer (6 tons or ov�er) $.18 Sanitation I,aborer 7.p9 Sewer Crew Leader 7,5� Sewer Laborer 7.31 Sewer Maintenance Iaborer 7.31 Sno-Go Operator $.18 S'�reeper Operator $,1$ Tamper 7,37 Tractor Operator I 7,5$ ' Tractor Operator II $,1$ Tractor Operator II (Back Hoe) 8.18 Track Driver (.� Tunnel I,aborer 7•33 Unskilled Laborer 7•�9 Vibrator Operator 7.19 Water Laborer 7•09 Water Serviceman 2 7.24 - A2 - e APPENIDIX A (CONTIA1fJED� � ��'�5 Water Serviceman II (Connections) 7.40 Water Servi.ceman II (Mains) 7.40 AFTER STARTING 6 Mos. Garden Laborer 5•�+� 5•75 Gardener 5•65 6.01 Groundsman 5.65 6.01 Playground Custodian 5.65 6.01 Resident Groundsman 5•65 6.01 School Grounds Maintenance Foreman 5.97 6.34 Tree Trimmer I 5.65 6.01 Tree Trimmer II 6,09 6,�+9 Watershed Laborer 6.15 6.49 - A3 - , � APPENDIX B EPfective May 1, 1975, the hourly wage rates for temporary and emergency employees workin� in the classes listed below are as shown: Air Compressor Operator $8.69 Asphalt Batcherman 9•53 Asphalt Raker $�7l� Asphalt P1ant Engineer 9•53 Asphalt Shoveler 8,37 Backfiller Operatar 9•53 Bituminous Curb M,achine Operator 8.71 Bitumi.nous Spreader Operator 9•53 Bridge Crew Leader $.5$ Bridge Laborer 8,37 Buildin� Laborer $,2C Ditch Digger $.37 Heavy Equipment Operator-Asphalt Plant 9•53 Hoisting Engineer 9•53 Jackhammer Operator $.42 Kettle Fireman 8,37 I,abor Crew Leader 8.48 Miner $ c� . Miner - Water Department $.99 Mixer Engineer 8,$3 Mortar Mixer $,1�2 Motor Equipment Operator 9•53 Motor Equipment Operator-Water Dept. 9•53 Motor Patrol Operator 9•53 - Bl - � . - � � APPEI�ID IX B (CONTINUED) Paving Breaker(Hydra-Hammer Operator) 9•53 P].asterer's Tender 9.� Power Clam Operator 9•53 Power Shovel Operator 9.76 Public Works I,aborer $,2C Pulvimixer Operator 9•53 Pumperete Operator 9.� Road Machinery Operator 8.10 Roller Engineer (Under 6 :�ons) 8.83 Roller Engineer (6 tons or over) 9•53 Sanitation I,aborer $.26 Sewer Crew Leader $,5$ Sewer I,aborer $,37 Sewer Maintenance Laborer $.49 Sno-Go Operator 9•53 Sweeper Operator 9•53 Tamper 8.58 Tractor Operator I $,$3 Tractor Operator II 9•53 Tractor Operator II (Back Hoe) 9.53 Truck Driver 8.10 Tunnel ?laborer $.53 Unskilled I,aborer $.26 Vibrator Operator $,37 Water Laborer $.2C Water Serviceman I $,42 - B2 - -- " - � � ,� • � �. � APPENDIX B (CONTINUED) �`"��,�i' �`'C� Water Serviceman II (Connections) 8.58 Water Serviceman II (Mains) 8.58 AFi'ER STARTING 6 MO Garden Laborer 5•�+4 5.75 " Gardener 5.65 6.01 Groundsman 5.65 6.01 Playground Custodian 5.65 6.01 Resident Groundsman 5.65 6.01 School Grounds Maintenance Foreman 5.qj 6.34 Tree Trimmer I 5.65 6.01 Tree Tri�►er II 6.09 6.49 Y Watershed Laborer 6.15 6.49 ( *� - B3 - ,� � (dzzox) zx�ais�xa - o�s�a� . ��zs�nzas � ��za�o� � �z��z 9 �5��; z� � x�SN�sz�� s�CsN s�a� � pa�dopy ^ P�£ L i_�� puZ � ` �S I L