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01-681fi��`'.'.. }, +�� ._� �;. . . J 3 s 'v RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented � Referred To Council File # 01- C.p1 Green Sheet # 106844 Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the aitached 0 January l, 2001 through December 31, 2002 Labor Agreement between the City of Saint Paul and The Saint Paul Manual & Maintenance Supervisois Associa6on. Requested by Department of: Office of Labor Relations By: Form Approve Ci ttomey By: Approved py I�ayor foa Submission to Councfl BY� � \ _ 3— � V-! : �,-��' � �J vG� 18 z� Approved by Mayor: Date � By: Adopted by CouncIl: Date 2 a o a Adoption Certified by Council Secretary � DEPARTMENT/OPFICE/COUNCII.: DATE INITfAT'$D GREEN SHEET No.• 106844 O' _C LABOR RELATIONS June 18, 2001 ' f ; CONTACI' PERSON & PHONE: p Ate uciTTnunA7E Yx JLTLIE KRAUS 266-6513 p$$IGN 1 DEPARTMENT D �� 4 C1TY COUNCII, ' NID1yIgER 2 CITy ATTORNEY CITY CL FRK MUSl' BE ON COONCII, AGENDA BY (DA'TE) FOR BUDGEI' DIIL FIN. & MGT. SERV[CE DII2. ROUTING 3 MAYOR (OR ASST.) �j � � � o,�� TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCAITONS FOR SIGNATORE) r — ncriox �zeQaESrEn_ This resotution appmves the attached January 1, 2001— December 31, 2002 Labor Agreement between the City of Saint Paul and The Saint Paul Manual & Maintenance Supervisors Association. RECObII�SENDATIONS: Approve (A) or Rejec[ (R) PERSONAI, SERVICE CONTRACfS MI7ST ANSWER THE FOLLOWIlVG QUESTIONS: _PLANNING COMIvIISSION _CIVR. SERVICE COMbIISSION 1. Has this person/fum ever worked under a contract for this department? - _CIB COMIvIITTEE Yes No , _STAFF 2. Has this person/fvm ever been a city employee? _DISIRICT COURT Yes No � SUPPORTS WE�IICH COLiNCIL OBJECTIVE? 3. Does this person/fum possess a sldll not notmally possessed by any cunent city employee? Yes No Eaplain all yes answers on separate s6eet and attach to green sheet „y r a . �� u, . � INTTIAIING PROBLEM, ISSiIE, OPPORTUNITY (Who, What, When, Where, Why): Current agreement expired December 31, 2000. ""?� �� .�.. .u.� -- - ,;�. .. _, :.._ , _ __. ,_ ,...., . ADVANTAGESIFAppROVED: '�� "" �� An ageement in place through December 31, 2002. This agreement has been ratified by the union members. � DISADVANTAGESIFAPPROVED: None DISADVANTAGES IF NOT APPROVED: No agreement in place - labor unrest. � TOTAL AMOIJNI' OF 1'RANSACTION: $ COST/REVENIJE BUDGETED: FUNDING SOURCE: ACiTVITY NUMBER: _- FINANCIAL INFORMATION: (EXPLAIN) 2�.li • • � . �,. ,�p :�,.��.. �- - . _ _ �- �t .a..�.......�,,.. 9 _ .. n .... .... _...� ATTAC�IMENT TO T'F� GREEN SHEET ST. PAUL MANLJAL & MAINTENANCE SUPERVISORS ASSOCIATION 6 �' `�� Below is a snwmary of the changes in the Collective Bargaining Agreement between the City and the St. Paul Manual & Maintenance Supervisors Association. Duration: January 1, 2001 through December 31, 2002. Wages: 2001: 2.625%* 2002: 3.0% Health Insurance: The insurance contriburion increases follow the same pattern as previously negotiated agreements with other bargaiuing units and/or as found in the mediator's proposal with regazd to Single insurance in 2002. (monthly rates) 2001 Single: $211.62 + first $40 of any increase (which was $18.22) = 229.84 Family: $391.67 plus $17.85* plus the increase in single insurance up to $40.00 (which was $18.22) = 427.74 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 year Single: $229.84 + fu11 amount of 2002 premium increase 2002 - all year Family: The 2001 family contribution plus 60% of the family premium increase for 2002 up to $60.00. If the increase exceeds $100 the City will pay 40% of the excess increase. * The Union reduced the across-the-boazd wage increase in the yeaz 2001, by 0.125% in order to receive an extra $17.85/month on family, prior to the pattern language. Agreed to decrease the yeazs of service required for employees receiving a disability pension. Employees will no longer be chazged for participating in the Flexible Spending Account. Deferred Compensation: Process for deferred compensation match was adjusted. Twice a yeaz match (Oct 1 pay period and end of fiscal year) will continue for 2001. Beginning 2002, match will only occur on pay period closest to October 1. Existing eligibility requirements, consistent with all other bazgaiuiug units, were confirmed via a letter to the Union. Milea�e: Agreed to move to IRS rate for mileage reimbursement and drop per diem system, effective 2002. Attachment to the Crreen Sheet St. Paul Manual & Maintenance Supervisors Association. Page 2 ai-cr► Out of Title• Notice given and acknowledged by Union that all Departments will follow the contract language on out of title, effective with Council approval of the contract, although nnpact of this change may not be noticeable until beg'v�niug of calendar year 2002. Holidavs• Agreed to a change in the process for holiday eligibility determination. This change will make the adininistration of holidays easier for Payroll staff. Grievances: Grievances relating to violations of the terms and conditions of the contract to be grieved only tl�rough the contract process. Grievances about issues which aze not terms and conditions of the contract to be initiated in only one forum or the other (i.e., either contractual grievance or civil service grievance, not both). Also reduced the numbet of days for grievance processing to be consistent with other units. Retroactivitv: Agreed that the 2001 salary schedule sha11 be retroactive to 1/1/O1 [closest pay period] for all employees, including any employees who rerired after that date, but exciuding employees who resigned or were ternunated. Other languase chan e�s�. Other language changes (inclusion of MOU on Golf uniforms, moving of holiday language, and rewrites of the safety shoe, life insurance, and severance pay language) are of a housekeeping nature for clarification and clean up. Costs: 2001 2002 Wages $104,800 $ 119,600 Health Insurance $ 13,774 $ actuals unknown at this tune Addl Family insurance 7 925 �_ Total: $ $126,500 $ 119,600 + inswance costs :� ... _ �- ol -CYt , Zaoi - 2ooi � � � . : � � " �� _ =L�B(3R AGR�EII�NT . - . _ � � _� . ��, � � _ �� _� �� °; BETVVE��T_;,�-' - �-� �� _ -. � _ -. _ _ �� I�E�G`ITY, OF SA�NT=PAIIL � �` � - AND ., ; - � THE �A.INT T'�UL' MANI7AL & MAIl�T'�'ENANCE ; } S�7PE�2V�SORS AS�OGIAT�ON ,' _ , .._ _ � �._ - = - _ _ - ,=1 _ , .�' . � , � � _ _ _ -:�_ .. � � _:: :, , ,._ _ _ : - _ _ _- . . .. � .t � , , 6 l -(o�l INDEX �TICLE TITLE PAGE 1 Purpose of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Recognition .............................•---�--..............------....1 3 Maintenance of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 EmployerSecurity .......................................................2 5 Employer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Association Security .....................................................3 7 Employee Rights-Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Savings Clause ..........................................................7 9 Seniority ...............................................................7 10 Discipline ..............................................................9 11 Overtime and Premiums ..................................................9 12 Uniforms .............................................................10 13 Vacation ..............................................................11 14 Holidays ..............................................................11 15 Insurance .............................................................12 16 City Mileage ...........................................................16 � Severance Pay .........................................................17 Working Out of Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 19 Sick Leaveand PazentalLeave ............................................19 20 No Strike,No Lockout ...................................................21 21 Rightto Subcontract ....................................................21 22 Deferred Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 23 Wage Schedule .........................................................22 24 Termsof Agreement ....................................................26 Memorandum of Understanding (WOOC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 On -Ca1lLetter ....................... ...................................28 i ARTICLE 1- PURPOSE OF AGREEMENT 6 � � � l.l This Agreement is entered into between the City of Saint Paul, hereinafter called the Employer, and • the St. Paul Manual and Maintenance Supervisors Association, hereinafter called the Association. Place in written form the parties' Agreement upon terms and condirions of employment for the duration of this Agreement. ARTICLE 2 - RECOGNITION 2.1 The Employer recognizes the Association as the exclusive representative, under the Public Employment Labor Relations Act of 1984, as amended, for all personnel in the following classifications: All manual maintenance supervisors who are employed far more that fourteen(14) hours per week and more than sixty-seven (67) works days per yeaz by the City of Saint Paul, excluding all other Employees. Titles included: Animal Control Supervisor Bridge Maintenance Supervisor I Bridge Maintenance Supervisor II Buiiding Maintenance Supervisor - Fire Department Building Maintenance Supervisor - Libraries Building Maintenance Supervisor - Pazks & Recreation � ustodial Supervisor - Civic Center ustodian Engineer (Public Safety Building) Dispatcher Equipment Maintenance Supervisor Forestry Supervisor I Forestry Supervisor II Golf Course Superintendent Marina Services Supervisor Meter Operations Supervisor Night Custodial Supervisor - Civic Center Pazk Maintenance Supervisor I Pazk Maintenance Supervisor II Public Works Field Supervisor Public Works Supervisor I Public Works Supervisor II Public Works Supervisor III Senior Zoo Keeper Sewer Supervisor I Sewer Supervisor II Sewer Supervisor III Supervisor of Garbage Collection Traffic Maintenance Supervisor I Tr�c Maintenance Supervisor II Vehicle Mechanic Supervisor I Vehicle Mechanic Supervisor II Water Maintenance Supervisor Water Plant Production Supervisor Water Service Supervisor Watershed Supervisor I Watershed Supervisor II Water Utility Mains Supervisor Zoo Supervisor 2.2 In the event the Employer and the Association aze unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. It is understood that this provision shail refer to the Bureau of Mediation Services only such issues as by law are under its jurisdiction. • 1 ARTICLE 2 - RECOGNITION (Continued) 23 The Employer shali not enter into any Agreements covering terms and conditions of employment • with the Employees of the bargaining unit under the jurisdiction of this Agreement, either individually or collectively which in any way conflicts with the terms and conditions of this Agreement, except through the certified representative. 2.4 Neither the Association nor the Employer shall discriminate against any Employee because of Association membership or non-membership, or because of his/her race, color, sex, religion, national origin, or politicai opinion or affiliations. 2S All existing Civil Service Rules shall apply except those superseded by this Agreement. ARTICLE 3- MAINTENANCE OF STANDARDS 3.1 The City agrees that all 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 and Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement aze made elsewhere in this Agreement. ARTICLE 4 - EMPLOYER SECURITY 4.1 The Association agrees that during the life of this Agreement it will not cause, encourage, participate � in or support any strike, slow-down or other interruption of or interference with the normal functions of the Empioyer. ARTICLE 5 - EMPLOYER AUTHORITY 5.1 The Employer retains the sole right to operate and manage ail manpower, facilities and equipment in accordance with applicable laws and regulations of appropriate authoriries. shail remain solely within the discretion of the Employer to modify, establish, or eliminate. 5.3 The exercise by the Employer of, or its waiver of, or its failure to exercise its full right of management or decision on any matter or occasion, shall not be a precedent or be binding on the Employer, nor the subject or basis of any grievance not admissible in any azbitration proceeding. 2 • ARTICLE 5 - EMPLOYER AUTHORITY (Continued) 6 (- G�l 5.4 A public Employer is not required to meet and negotiate on matters of inherent managerial policy � which include, but aze not lunited to, such azeas of discretion or policy as the functions and programs of the Employer, its overall budget, utilization of technology and organizational structure and selection and direction and number of personnel. ARTICLE 6 - ASSOCIATION SECURITY 6.1 The Employer shall deduct from the wages of the Employees who authorize such a deduction in writing an amount necessary to cover monthly Association dues. Such monies shall be remitted as directed by the Association. 6.2 The Association may designate Employees from the bazgaining unit to act as stewazds and altemates and shall inform the Employer in writing of such choices and of changes in the positions of stewazds and/or altemates. It is further understood that the number and locations of stewazds shall be limited and confined to numbers and locations as aze necessary and reasonable to administer the provisions of this Agreement. 6�c? � � 6.5 The Employer shail make space available on the Employee builetin boazd for the posting of Association notice(s) and announcements(s). The Association agrees to indemnify and hold the Employer hannless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a resuit of any action taken or not taken by the Employer under the provisions of this Article. The Employer agrees that on the Employer's premises and without loss of pay the Association stewazds shall be allowed to post official Association notices of the designated representatives, to transmit communications authorized by the Association or its officers under the terms of this contract, and to consult with the Employer, its representative, Association officers or the Association representative concerning the enforcement of any provisions of this Agreement, so long as such action does not interfere with regulaz Employee duties and is reasonable and necessary. 6.6 Stewazds are authorized to perform and discharge the duties and responsibilities which are assigned to them under the terms of this Agreement and any supplementary Agreements. The Employer agrees that there shall be no restraint, interference, coercion or discrimination against a stewazd because of the performance of such duties. � ARTICLE 6 - ASSOCIATION SECURITY (Continued) 6.7 Any present or future Employee who is not an Association member may be required to contribute a� fair shaze fee for services rendered by the Association. Upon notification by the Association, the Employer shall check off said fee from the earnings of the Employee and transmit the sazne to the Association. 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 grievance procedures. This provision shall remain operafive only so long as specifically provided by Minnesota law, and as otherwise legal. It is also understood that the Association agrees to indemnify and hold the Employer hannless against any and all claims, suits, orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this section. ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance - The procedure established by this Article shali be the sole and exclusive procedure for the processing of grievances which are defined as a dispute or disagreement as to the interpretation or appiication of the specific terms and conditions of this Agreement. It is understood by the Association and the Employer that if an issue is submitted and determined by this grievance procedure, that issue shall not again be submitted for arbitration under the provision of the Rules and Regulations of Civil Service. It is further understood that if an issue is submitted and determined by the grievance procedure under the Civil Service Rules and Regulations, it shall not again be submitted for arbitration under the procedures set forth in this Article. 7.2 Association Representatives - The Employer will recognize Representatives designated by the , Association as the grievance representatives of the bazgaining unit having the duties and responsibilities established by this Article. The Association shall notify the Employer in writing of the names of such Association representatives and of their successors when so designated as provided by 6.2 of this Agreement. 73 Processing of a Grievance - It is recognized and accepted by the Association and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shail iherefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and an Association Representative shall be allowed a reasonable amonnt of time without loss of pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Association Representafive have notified and received the approval of the designated supervisor who has detemuned that such absence is reasonable and would not be detrimental to the work programs of the Employer. 4 • ARTICLE 7- GRIEVANCE PROCEDURE (Continued) � �" � � 7.4 Procedure - Grievances, as defined by Section 7.1, shall be resolved in conformance with the • following procedure: Step I. An Employee claiming a violation conceming the interpretation or application of this Agreement shall, within twenty one (21) calendaz days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within seven (7) calendaz days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shail be placed in cvriting setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within seven (7) calendar days after the Employer-designated representative's final answer in Step 1. Step 2. If appealed, the written grievance shall be presented by the Association and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Association the Employer's Step 2 answer in writing within seven (7) calendaz days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within seven (7) calendar days following the Employer-designated representative's final Step 2 answer. Step 3. If appealed, the written grievance shall be presented by the Association and discussed � with the Labor Relations Director or his/her designee. The Employer-designated representative shall give the Association the Employer's answer in writing within seven (7) calendaz days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within seven (7) calendaz days foliowing the Employer-designated representative's fmal answer in Step 3. Optional Mediation Step If the grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendaz days, request mediation. If both parties agree that the grievance is suitable for mediation, the parties shali submit a joint request to the Minnesota Bureau of Mediation Services for the assignment of a mediator. 2. Grievance mediation is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance azbitration. When grievance mediation is invoked, the contractual time lunit for moving the grievance to azbitration shall be delayed for the period of inediation. Either parry may at any time opt out of inediation at which time, the Union may then proceed to azbitration. � U ARTICLE 7 - GRIEVANCE PROCEDURE (Continued) The grievance mediation process shall be informal. Rules of evidence shall not apply, � and no record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and azgument to support their case. The mediator may meet with the parties in joint session or in sepazate caucuses. 4. At the request of both parties, the mediator may issue an oral recommendation for settlement. 5. Unless The parties agree otherwise, the outcome shall noY be precedential. 6. If the grievance is not resolved and is subsequently moved to arbitration, such proceeding shall be de novo, in that, nothing said or done by the parties or the mediator during grievance mediation with respect to their positions conceming resolution or offers of settlement may be used or referred to during arbitration. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Association shall be submitted to arbitration subject to the provisions of the Pubiic Employment Labor Relations Act of 1971 as amended. The selection of an azbitrator shall be made in accordance with the "Rules Governing the Arbitration of Crrievances" as established by the Bureau of Mediation Services. 7.5 Arbitrator's Authority - A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The azbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Association, and shali have no � authority to make a decision on any other issue not so submitted. B. The azbitrator shall be without power to make decisions contrary 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 hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Association and shall be based solely on the azbitrator's interpretation or application of the express terms of this Agreement and to the facts of ihe grievance presented. C. The fees and expenses for the azbitrator's services and proceedings shall be borne equally by the Employer and the Association provided that each pariy 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. If both parties desire a verbatim record of the proceedings the cost shall be shazed equally. � F� ARTICLE 7- GRIEVANCE PROCEDURE (Continued) 0 �-�`� i 7.6 Waiver of grievances/ missed timelines. If a grievance is: (1) not presented within twenty one (21) � calendar days of its occurrence by the employee as described in Step 1; or (2) arbitration has not . been requested by the Association within 60 calendar days of the Association's filing of its written grievance in Step 2, it shall be considered "waived". If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Association may elect to treat the grievance as denied at the step and immediately appea] the grievance to the next step. The tune lunit in each step may be ea�tended by mutual written agreement of the Employer and the Association in each step. ARTICLE 8 - SAVINGS CLAUSE 8.1 This Agreement is subject to the laws of the United States, the State of Minnesota. In the event any provision of this Agreement shall be held 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 provisions shall be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. All other provisions of this Agreement shall continue in full force and effect. ARTICLE 9 - SENIORITY � Seniority, for the purpose of this Agreement, shall be defined as follows: A. "City Seniority" - The length of continuous, regulaz and probationary service with the Employer ftom the last date of employment in any and all class titles. B. "Class Seniority" - The length of continuous, regulaz and probationary service with the Employer from the date an Employee was first certified and appointed to a class titie covered by this Agreement, it being further understood that class seniority is confined to the current class assignment held by an Employee. 9.2 SenioriTy shall terminate when an Employee retires, resigns, or is dischazged. 93 Seniority shail not accumulate during an unpaid leave of absence, except when such leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an Employee to accept an appoinhnent to the unclassified service of the Employer; or is granted to take an elected or appointed full-time position with the Association. • ARTICLE 9 - SENIORITY (Confinued) 9.4 In the event it is determined by the Employer 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 in inverse order of layoff, except that recall rights shall expire af[er two yeazs of layof£ In cases where there aze promorional series, such as Supervisor I, Supervisor II, Supervisor III, etc., when the number of Employees in these higher titles is to be reduced, Employees who have held lower titles which aze in this bargaining unit will be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs aze made by any class title in any department. It is further understood that a laid off Employee shall have the right to placement in any lower-paid class title, provided said Employee has been previously 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 Senioriry" based on the date originally certified artd appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, retum to original class as provided in paragraph (A) above. 9.5 To the extent possible, vacation periods shall be assigned on the basis of "City Seniority," within each class, by division. It is however, understood that vacation assignments shall be subject to the ability of the Empioyer to maintain operations. 9.6 Promotions shall be handled in accordance with current Civil Service Rules and practices. 9.7 The Employer shall post a seniority list at least once every six (6) months. � 9.8 Notwithstanding anything in this Agreement to the contrary, no employee in a position outside this bargaining unit may bump into a position in this unit, except as described here: 9.81 an employee outside the unit may return to a vacancy in this unit if selected following prescribed procedures; 9.8.2 an employee outside the unit may hump the most junior employee in a position previously held by the returning empl�ee if a bumping zight has been provided under the Tri Council agreement to members of this unit. and if provided, the rights of employees attempting to bump back into this unit shall be the same in every respect but shail not exceed those rights given to members of ihis unit by tiie Tri Council contract. i ARTICLE 10 - DISCIPLINE 10.1 The Employer will discipline Employees for just cause only. . a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e} Discharge. ac-c��t Discipline will be in the form of: 10.2 Suspensions, reductions and dischazges will be in written form. 103 Employees and the Association will receive copies of written reprimands and notices of suspension and dischazge. 10.4 Employees may examine all information in their Employer personnel files that concerns work evaluation, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the Employer. No documents conceming work evaluation or discipline of an Empioyee wili be placed in the Employee's personnel file unless it contains the signature of the Employee acknowledging the Employee's receipt of the document prior to placing it in the file. I 0.5 � Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the Employee and/or Association may request, and shall be entitled to a meeting with the Employer representative who initiated the suspension with intent to dischazge. During said five (5) day period, the Employer may affirm the suspension and dischazge in accordance with Civil Service Rules or may modify, or withdraw same. 10.6 An Employee to be questioned concerning an investigation of disciplinary action shall have the right to request that a Association representative be present. ARTICLE 11 - OVERTIME AND PREMIUMS 11.1 Employees (with the exception of those covered in Section 11.2 hereofl shall be paid one and one-half (1.5) times the regulaz rate of pay for work performed in excess of the regulaz work day and/or the forty (40) hour work week. 11.2 Employees in classifications in salary grade 42 or above shall be paid straight time for work performed in excess of the regular work day and/or forry (40) hour work week. 11.3 An Employee who is called back to work following the completion of his(her regulaz work day shall be guaranteed four (4) hours pay at his/her regulaz straight time rate. 11.4 An Employee shall be compensated in either compensatory time off or overtime payment in cash. Employees may express a written preference for the method of overtime payment, cash or compensatory time. • ARTICLE 11- OVERTIME AND PREMIUMS (Continued) 11.5 A night differential of five percent (5%) shall be provided to Employees who work night shifts as � defined herein. A night shift will be considered to be a regulazly assigned shift beginning eazlier than 6 a.m., or ending later than 6 p.m., provided that at least five (5) hours of said shift aze worked between the hours of 6 p.m. and 6 a.m. It is further understood that in case of regularly assigned shifts beginning eazlier than 6 am. or ending later ttian 6 p.m. which involve �ess than five (5) hours of work, an Employee shall be eligible for the night differential only for the hours actuaily worked during night shift hours. 11.6 Employees may decline to carry city cell phones, pagers or beepers during non-working hours. In the event that the City d'uects an employee to cazry city cell phones, pagers or beepers to standby for non-working hours, the Employer and the Association shall establish a premium for snch duty. ARTTCLE 12 - LTNIFORMS 12.1 The City shall fumish a uniform or required equipment to any employee who is required by the City to weaz the uniform or utilize the equipment as condition of employment. After providing, at its expense, an initial uniform to employees required to wear a uniform, the City will reimburse these employees for necessary replacemenT parts of the uniform annually per calendar yeaz beginning the yeaz after the employee's initial issue of uniform. Employees must present receipts to be reimbursed. 12.2 The Employer agrees to pay $50.00 per yeaz for safety shoes purchased by an Employee who is a member of this unit. The Employer shall only contribute toward the cost of one pair of shoes per contract yeaz. This reimbursement shall be made only after investigation and approval by the � immediate supervisor of that Employee. This Employer contribution shall apply only to those Employees who aze required by the Employer to weaz protective shoes or boots. Employees may carryover up to a total of $160.00 per year for the purchase of shoes, i.e., the maximum reimbursement for any one yeaz conld be $210.00 ($160 carryover plus $50/yeaz). 123 The Employer shall provide each employee in the title of Golf Course Superintendent who is required to weaz a specified uniform with four (4) uniforms for full-time employees and rivo (2) uniforms for part-tim employees. The uniform will consist of either a shirt or sweatshirt selected by thP ��1�3�er F+LL�I4F�PPC t �ii req ' to wear the uniform wtule on duty and will be responsible for the care and upkeep of their uniforms. • 10 (51 �G`bl ARTICLE 13 - VACATION 13.1 In each calendar yeaz, each full-tune Employee shali be granted vacation according to the foliowing � schedule: Years of Service 0 thru 4th yeaz Sth yeaz thru 9th year lOth yeaz thru 15th year 16th yeaz thru 23rd yeaz 24th teaz and thereafter The above provisions of vacation shall be subject to Resolution No. 6446, Section I, Sub. H. 13.2 Employees who work less than full-tune shall be granted vacation on a pro rata basis. 133 The head of the deparhnent may pernvt an Empioyee to carry over into the following fiscal year up to one hundred twenty (120) hours ofvacation. The vacation cap of 120 hours shall be applied on the last work day of the calendaz yeaz. 13.4 13.5 For the purposes of this Article, yeazs of service shall be defined as the number of yeazs since the Employee's date of appointment. This shall not include yeazs of service prior to a resignation. Vacarion Granted 10 days 17 days 14 days 24 days 26 days �TICLE 14 - HOLIDAYS 14.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidavs: New Yeazs Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Two floating holidays Labor Day Veterans' Day Thanksgiving Day Day After Thanksgiving Christmas Day Eligible Employees 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 holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 14.2 The floating holidays set forth in Section 15.1 above may be taken at any time during the contract yeaz, subject to the approval of the Department Head of any Employee. � 1fl ARTICLE 14 - HOLIDAYS (Continued) 14.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee must be � employed as of the date of the holiday and have paid hours on the payroil for that pay period. The amount of holiday time eamed shall be based ugon the number of non-holiday hours paid during that pay period (see proration charts in Salary Plan and Rates of Compensation). For the purpose of this section, non-holiday hours paid includes hours actually worked, vacation time, compensatory time, paid leave and sick leave. It is further understood that neither temporary, emergency nor other Employees not heretofore eligible shall receive holiday pay. 14.4 Major holidays, for the purpose of this Section, shall include the following: New Yeaz's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day. Minor holidays, for the purpose of this Section, shall include the following: Martin Luther King Day, Presidents' Day, Veterans' Day, and the Day af[er Thanksgiving. An Employee working a major holiday as defined herein shall receive time and one-half (1.5) his/her regular rate of pay for all work performed on such holiday, and an Employee working a minor holiday as defined herein shall receive straight tune for such holiday work, it being understood that all payments for holiday work shalt be in addition io regulaz holiday pay. ARTICLE 15 - INSURANCE 15.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by the Employer shali be solely controlled by the contracts negotiated by the Employer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by the � benefit providers. However, Yhe Employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. 15.2 Effective for the January 1, 2001 insurance premiums, for each eligibie Employee covered by this Agreement who is employed full-time and who selects Employee insurance coverage, the Employer agrees to contribute $2 21.62 (amount of 2000 single premium] per month plas any increase in the 2001 single health insurance premium up to $40.00 per month. If the 2001 single health insurance premium increse is over forry ($40.00) dollazs, the Employer wili contribute 50% of the amount over ..fnrt� (�$44.4.Q) doliars- [For 2001 because the increase to the single premium is $18.22/month, the City continues to pay 100% of the single premium]. Effective for the January 1, 2001 insurance premiums, for each eligible full-time Employee who selects family health insurance coverage, the Employer will contribute $391.67 [amount of 2000 family premium] per month, plus $17.85 plus an amount equal to the 2001 single health insurance premium increase up to forty ($40.00) doilazs. If the 2001 single health insurance premium increase is over forty ($40.00) dollars, the Employer will contribute 50% of the amount over forty ($4Q.00). [For 2001, because the increase in the single premium is $18.22/month, the Employer's contribution to tlie "family preminm will be $427.74]. - � 12 ARTICLE 15 - INSURANCE (Continued) The parties agree to the following arrangement for 2002 single insurance premiums with the • explicit understanding that language agreed to for any time period during 2002 sets no precedent one way or another with regazd 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 standazd procedure for processing of the premiums until 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 l, 2002 - June 30 2002, for each eligible Employee covered by this Agreement who is employed full-time and who selects single Employee insurance coverage provided by the Empioyer, the Empioyer agrees to contribute the 2001 contribution plus an increase up to forty ($40.00) dollars per month. If the single health insurance premium increase for 2002 exceeds forty ($40.00) per month, the Employer will contribute 50% of the amount over foriy ($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 health insurance coverage provided by the Employer, the Employer agrees to contribute the 2001 contribution plus an increase up to the full costimonth of the 2002 premium. Effective for the January l, 2002 insurance premiums for each eligible fuil-time employee who selects family health insurance coverage, the Employer will contribute the 2001 contribution pius • 60% 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 yeaz the number of plans increases, the increase will be based on the average premium. 15.3 For each eligible Employee, the Employer agrees to contribute the cost of Life Insurance Coverage equal to the Employee's annual salary to the neazest full thousand dollazs. For the purpose of this section, the Employee's annual salary shall be based on the salary as of the beginning of each life insurance contract period (i.e., one time per yeaz). This contribution shall be paid to the City's Group Health and Welfare Plan. Retiree Insurance 15.4 Employees who retire must meet the foilowing conditions at the time of retirement in order to be eligible for the Employer contributions, listed in Sections 15.5 through 15.15 below, toward a health insurance plan offered by the Employer: 15.4(1) Be receiving benefits from a public Employee retirement act at the time of retirement, and 15.4(2) Have severed hislher relationship with the Ciry of Saint Paul for reasons other than misconduct, and CI 13 ARTICLE 15 - INSURANCE (Continued) 15.4{3) Have completed at least 20 yeazs service (or I S years if receiving a disability pension) � with the Ciry of St. Paut. Emptoyment with Schoot District #625 will not be counted toward the yeazs of service requirement for Employees hired after Ol/Ol/97 for purposes of retiree health eligibility. Early Retirees 15.5 This SecTion shall apply to full time Employees who: 15.5(1) Retire on or after January 1, 1996, and 15.5(2) Were appointed on or before December 31, 1995, and 15.5(3) Have not attained age 65 at retirement, and 15.5(4) Meet the terms set forth in Section 15.4 above, and 15.5(5) Select a health insurance pian 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 wili provide the same contribution as is provided for active Employees selecting single coverage under this Agreement. This amount, however, shall not exceed $350.00 per month. For Empioyees selecung family health insurance coverage, the Employer will contribute $350.00 per month towazd the premium for family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the reriree. In addition, the Employer will contribute the • cost for $S,OOO life insurance until the retiree attains the age of 65. When such eazly retiree attains age 65, the provisions of Section 15.7 shall apply. 15.6 This Section shall apply to full time Employees who: 15.6(1) Retire on or after January l, 1996, and 15.6(2) Were appointed on or after January 1, 1996, and 15.6 3 Have noz attained a e 65 at retiremen and 15.6(4) Meet the conditions set forth in Section 15.4 above, and 15.6(5) Select a health insurance plan offered by the Employer. Until such retirees reach siacty-five (65) yeazs of age, the Employer agrees to contribute a masimum of $300.00 per month towazd the cost of single or family health insurance coverage. Any unused portion shall not be paid to the retiree. In addition, the Employer will contribute the cost for $5,000 life insurance until the retiree attains the age of 65. When such eazly retiree attains age 65, the provisions of Section I5.8 shaIl apply. Upon such retiree reaching the age of sisty-five (65), such Employer wnh towazd such eazly retiree coverages shall terminate. The Employer will also contribute the cost for $5,000 of life insurance covernge for such early retiree until the eazly retiree reaches age sixty-five (65), at which • time the life insurance coverage shall terminate. 14 ARTICLE 15 - INSURANCE (Continued) Regular Retirees (Age 65 and over) ,.7 E��3 ►�_J This Section shall apply to full time Employees who: 15.7(1) Retire on or after January 1, 1996, and 15.7(2) Were appointed on or before January 1, 1996, and 15.7(3) Have attained age 65 at retirement, and 15.7(4) Meet the terms set forth in Section 15.4 above, and 15.7(5) Select a health insurance plan offered by the Employer. �I - �� The Employer agrees to contribute a maaiimum of $550.00 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 eazly retirees who retired under the provisions of Section 15.5 when such eazly retirees attain age 65. This Section shail apply to full time Employees who: 15.8(I) Retire on or after January l, 1996, and 15.8(2) Were appointed on or after January 1, 1996, and 15.8(3) Have attained age 65 at retirement, and 15.8(4) Meet the terms set forth in Sections 15.4 above, and 15.8(5) Select a health insurance plan offered by the Employer. The Employer agrees to contribute a m�imum of $300.00 per month towazds the cost of singie or family health insurance coverage offered to regulaz retirees and their dependents. Any unused portion shall not be paid to the retiree. This Section shall also apply to eazly retired under the provisions of Section 15.6 when such early retirees attain age 65. 15.9 If an employee does not meet the condition of Section 15.4(3), but does satisfy the conditions in 15A(I ) and (2), he/she may purchase single or family health insurance coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by the retiree. 15.10 A retiree may not carry his/her spouse as a dependent if such spouse is also a City retiree or City Employee and eligible for and is enrolled in the City's health insurance program. 15.11 Any cost of any premium for any City-offered Employee or family insurance coverage in excess of the dollaz amounts stated in this Article 15 shali be paid by the Employee. 15.12 The contributions indicated in this Article shall be paid to the Empioyer's Third Parry Administrator. • 15 ARTICLE 15 - INSURANCE (Continued) 15.13 The Employer will provide a system whereby the Employee's contribution towazd premiums for the . Employee selected heatth insurance coverages can be paid on a pre-fas basis. Employees covered by this Agreement will be eligible to participate in the Flexible Spending Account as offered by the Employer. The service fee chazged to participating Employees shall be paid by the Employer. 15.14 Empioyees covered by this Agreement shall be eligible to participate in the Dependent Caze Reimbursement Account offered by the Employer. The service fee charged to participating Employees shall be paid by the Employer. Survivor Insurance 15.15 The surviving spouse of an Employee carrying family coverage at the time of his/her death due to a job connected injury or iliness which was deternvned to have arisen out of and in the course of his(her employment under worker's compensation law shall 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 regulaz retiree, the dependents of the retiree shall have the option, within thirty (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the premium and Employer contribution accorded to the eligible deceased retiree. It is further understood that coverage shall cease in the event of: 15.15(1) Subsequent remarriage of the surviving spouse of the deceased Employee or retiree. � 15.15(2} The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. 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 - CITY MILEAGE 16.1 Automobile Reimbursement Authorized: Chapter 33 of the Saint Paul Administrative code shall be superceded for members of Uus bazgaining unit by this article. 16.2 Mefhod of Computation: To be eligible for such reimbursement, ail officers and Emptoyees must receive written authorization from the Department Head. When an employee is required to use his/her personal automobile to conduct authorized City bnsiness, the City shall �eimburse the emplayeeat-tha.then currentEederall.R.S. mileage_ . reimbursement rate on the most direct route. � I[� ARTICLE 16 - CTTY MILEAGE (Continued) (.�t-Ca�l 163 The City will provide pazking at the RiverCentre Parking Ramp for City Employees on the above_ � mentioned type of reunbursement plan who ate required to have their personal caz available for City business. Such pazking will be provided oniy for the days the Employee is required to have his or her own personal car available as authorized by the Department Head. ARTICLE 17 - SEVERANCE PAY 17.1 The Employer shall provide three (3) severance pay plans 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. 11490. This severance pay progam shall be subject to and govemed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this Article conflict with said ordinance and in such cases, the provisions of this Articie shail control. 17.2 Eligibility. Plan 1. Any Employee hired on or before December 31, 1984, may, upon meeting the qualifications of this Article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, Section 1, Section 6, draw severance pay under the terms of any of the three severance pians described in this article. Plan 2. Any Employee hired after December 31, 1984, but on or before December 31, 1989 is . eligible to participate only in Plan 2 or Plan 3 as set forth in this article. Pian 3. Any employee hired on ar after January 1, 1990, is eligible to participate onty in Plan 3 as set forth in this article. The election by the Employee to draw severance pay under one of the plans for which sJhe is eligible shall be made at the time of sepazation of service. Such election shall be irrevocable and the election of one of the plans shall baz the employee from eligibility to receive benefits under any of the other severance plans. 173 Plan 1. Plan 1 is the severance pay pian described in Ordinance No. 11490, as amended by Ordinance No. 16303. 17.4 Plan 2. In addition to the eligibility requirements set forth in 17.2 above, an employee must meet the following requirements to receive a benefit under Plan 2: 17.4.1 The Employee must be 58 yeazs of age or older or must be eligible for pension under the "rule of 85" or "rule of 90" provisions of the Public Employees Retirement Association (PERA). C� 17 ARTICLE 17 - SEVERANCE PAY (Continued) 17.4.2 The Employee must be voluniarily sepazated from City employment or have been subject to � separation by layoff or compulsory retirement. Those Employees who aze dischazged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze 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 his or her death, payment of the severance pay may 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 not considered a sepazation of employment, and such transferee shall not be eligible for the City severance program. 17.43 The Employee must have at ieasi ten (10} yeazs of service under the classified or unclassified Civil Service at the time of sepazation. 17.4.4 The Employee must file a waiver of re-employment with the Director of Hutnan Resources, which will cleazly indicate that by requesting severance pay, the Employee waives all ciaims to reinstatement or re-employment (of any type), with the City or with Independent School District No. 625. 17.4.5 The Employee must have accumulated a m;n;mum of siacty (60) days of sick leave credits at the time of his/her separation from service. 17.4.6 If an Employee requests severance pay, and if the Employee meets the eligibility • requirements set forth above, he or she wiil be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the Employee on the daxe of separation for each day of accrued sick leave subject to a maximum of $6,500. 17.5 Plan 3 In addition to the eligibility requirements set forth in 2 7.2 above, an Employee must meet the following requirements to receive a benefit under Plan 3: 17.5.1 The Employee must be voluntarily separated from City employment or have been subject to sepazation by layoff or compulsory retire ment. Those Employees who aze dischazged for cause, misconauct, meinciency, mcompezency or any omer aiscipunazy reason are nu� eligible for the City severance pay program. For the purpose of this severance program, a death of an Employee shall be considered as separation of employment, and if the Employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay shall 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 not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 17.5.2 The Employee must file a waiver of re-employment with the Human Resource 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 or with IndependenY School District No. 625. • � ARTICLE 17 - SEVERANCE PAY (Continued) �� y �''� 17.53 The Employee must have an accumulated balance of at least eighty (80) days of sick leave � credits at the tune of his sepazation from service. � 17.�.4 If an Empioyee requests severance pay and if the Employee meets the eligibility 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 held by the Employee on the date of separation for each day of accrued sick leave subject to a masimum as shown below based on the number of years of service in the City. Years of Service with the City At Least 20 21 22 23 24 25 Maximum Severance Pay 5,000 6,000 7,000 8,000 9,000 10,000 ARTICLE 18 - WORKING OUT OF CLASSIFICATION 18.1 Any Employee working an out-of-ciass assignment for a period in excess of fifteen (15) working � days during any fiscal yeaz (of the Empioyer) shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth day of such assignment. For purposes of this article, an out-of-class assignment is defined as the full-time performance of all of the significant duties and responsibilities of a classification by an individual in another classification. For the purpose of this article, the rate of pay for an out-of-class assignment shall be the same rate the Employee would receive if he was promoted to the higher classification. ARTICLE 19 - SICK LEAVE AND PARENTAL LEAVE 19.1 Sick leave shall be eamed and granted in accordance with the Civil Service Rules. 19.2 In the case of a serious illness or disability of an Employee's chiid, parent, or household member, the head of the department shall grant leave with pay in order for the Empioyee to caze for or make arrangements for the caze of such sick or disabled persons. Such paid leave shall be drawn from the Employee's accumulated sick leave credits. Use of such sick leave shall be limited to 40 hours per incident. 193 Any Employee who has accumulated sick leave credits, as provided in the Civil Service Rules, may be granted one day of sick leave to attend the funeral of the Employee's grandpazent or grandchiid. . 19 ARTICLE 19 - SICK LEAVE AND PARENTAL LEAVE (Continued) 19.4 If an Employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he/she may convert any part of such excess to vacation at the rate of one-half day's vacation for each . day of sick leave credit. No Employee may convert more than ten (10) days of sick leave in each calendar yeaz under ihis provision. 19.5 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 disabled 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 af her position. A twelve (12) month Pazental leave of absence witttout pay shall be granted to a natural pazent or an adoptive pazent, who requests such leave in conjunction with the birth or adopfion of a child. Such leave may be extended an additional twelve (12) months by mutual Agreement between the Employee 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 Article 6 of this Agreement. Employees who retum following such leaves of absence shall be placed in a position of equivalent salary and tenure as the one held just prior to the beginning of their leave. 19.6 Leave for School Conferences: An Employee shall be granted up to a total of sixteen (16) hours during a school year to attend conferences or classroom activities related to the Employee's child, � provided the conference or classroom activities cannot be scheduled during non-work hours. VJhen the leave cannot be scheduled during non-work hours, and the need for Yhe leave is foreseeable, the Employee must provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to unduly disrupt the operations of the Employer. An Employee shali be allowed to use vacation or compensatory time for this leave; othenvise, this leave shall be without pay. 19.7 Voluntary Unpaid Leave of Absence: Effective upon the date of the signing of this Agreement, a full-time Employee may be granted a voluntary leave of absence without pay for up to 480 hours per fiscal year. During such leave of absence, the Employee shall continue to eam and to accrue vacation and sick leave, semonty cre ts, an s mam msurance e igi i i� o � was on the payroll. Any leave of absence grauted under ttris provision is subject to the approvaI of the Department Head. 19.8 Jury Duty Any employee who is required during his/her regular working hours to appeaz in court as a juror or witness, except as a witness in the employee's own behalf against the Employer, shatl be paid his/her regulaz pay while so engaged. Any fees that the employee may receive from the court for such service shall be paid to the City and be deposited with the Employer. Any employee who is scheduled to work a shift, other than the normal daytime shift, shall be rescheduled to work the normal daycime shift during such time as helshe is required to appeaz in court as a juror or wimess. C_� 20 ARTICLE 20 - NO STRIKE, NO LOCKOUT a[-C��i 20.1 The Association and the Employer agree that there shall be no strikes, work stoppages, slow downs, • sit-down, stay in, or other considered interference with the Employers' business or afFairs by the Association and/or the members tfiereof, and there shall be no bannering during the existence of this Agreement without first using all possible means of peaceful settlement of any controversy that may arise. ARTICLE 21 - RIGHT TO SUBCONTRACT 21.1 The Employer may at anytime during the duration of this Agreement contract out work done by the Employees covered by this Agreement. In the event that such contracting would result in reduction of the work force covered by this Agreement, the Employer shall give the Association a ninety (90) calendar day notice of the intention co subcontract. ARTICLE 22 - DEFERRED COMPENSATION 22.1 Employees who have completed ten (10) years of service shall have $400.00 for Deferred Compensation paid by the Employer on a dollar for dollaz match. 22.2 Employees who have completed twenty (20) yeazs of service shall have $600.00 for Deferred Compensation paid by the Employer on a dollaz for dollaz match. �3 For 2001, the Employer will match contributions by the first paycheck closest to October i of the plan yeaz, and also at the end of the fiscal yeaz. For 2002, the Employer will match conuibutions by the first paycheck closest to October 1 of the pian yeaz. • 21 ARTICLE 23 - WAGE SCHEDULE GRADE OlU 481 DISPATCFIER 12/30/00 12/29/O1 GRADE 02U 12/30/00 12/29/O1 A (1) 22.17 22.84 A (1} 22.32 22.99 i GRADE 04U 137 CUSTODZAN ENGR (PUS SFTY $LDG) 12/30/00 12/29/O1 A (1) 22.36 23.03 B (2) 23.19 23.69 GRADE 06U 123A CUSTODIAL SUPV--CIVIC CENTER 12/30/00 12/29/O1 A (1) 20.59 21.21 GRADE OSU 212A NIGHT CUSTODIAL SUPV--CC 12/30/00 12/29/O1 A (1) 17.34 17.86 � �J C J 22 ARTICLE 23 - WAGE SCHEDULE (Continued) � 12/30/00 12/29/O1 A (1) 1569.08 1616.15 GRP.DE 030 B (2) 1611.35 1659.69 GRADE 033 304A MARINA SERVICES SUPERVISOR 12/30/00 12/29/Ol A (1) 1714.61 1766.05 B (2) 1762.60 1815.48 GRADE 034 12/30/00 12/29/O1 � A (1) 1754.67 1807.31 B (2) 1803.98 1856.10 GRADE 035 336A SENIOR ZOO KEEPER 12/30/00 iz/29Joi A (1) 1783.25 1836.75 B (2) 1831.26 iaas.zo �, LJ e�-�� j ARTICLE 23 - WAGE SCHEDULE (Continued) GRADE 036 597A FORESTRY SUPERVISOR 2 208 GOLF WURSE SUPERINTENDENT 591A PARK MAINTENANCE SUPERVISOR I 366 PUBLIC WORKS SIIPERVISOR I 416 SEWER SUPERVISOR I 172A TRAEFIC MAINTENANCE SUPV 2 525A WATER MAINTENANCE SUPERVISOR 528 WATER SERVICE SUPERVISOR 532 WATERSHED SUPERVISOR I 536 ZOO SUPERVISOR 12/30/00 12/29/O1 A (1) 1860.39 1916.20 B (2) 1910.86 1968.19 GRFIDE 037 A B (1) (2) 12/30/00 1867.30 1917.85 12/29/O1 1923.32 1975.39 GRADE 038 • _ I 268A BRZDGE MAINT SUPERVISOR I 230A METER OPERATIONS SUPERVISOR 369 PUBLIC WORKS SUPERVISOR II 809 SEWER SUPERVISOR II 560 SUPV OF GAF2BAGE COLLECTION 964 VEAICLE MECHANIC SUPERVISOR 2 194 WATEIt UTILITY MAINS SUPEAVISOR 542 WATERSHED SUPERVISOR II 354 ANI '- 12/30/00 12/29/O1 A B (1) (2) 1963.69 2020.06 2022.60 2080.66 GRADE 039 173 EQIIIPMENT MAINT SIIPERVISOR A E (1) (2) 12/30/00 2013.96 2070.32 12/29/O1 2074.38 2132.43 � 24 ARTICLE 23 - WAGE SCHEDULE (Continued) c�E o40 . 103 FORESTRY SUPERVISOR II 592A PARK MAINTENANCE STSPERVISOR II 620 TRAFFIC MAINTENANCE SUPV II 394A VEHICLE MECHANIC SUPERVISOR II 557A WATER PLANI' PRODUCTION SUPV A B (1) (2) 12/30/00 2078.84 2142.23 12/29f01 2141.21 22�6.50 GRADE 041 269A BRIDGE MAINT SUPERVZSOR II 233A BUILD MAINT SUPV-LIBRARIES 622 PUBLZC WORKS SUPERVISOR III 623 SEWER SUPERVISOR III A B (1) (2) 12(30/00 2142.23 2203.33 12/29/Ol 2206.50 2269.43 � GRADE 043 0'79 BUILD MAINT SUPV--FIRE DEPT A B (1) (2) 12/30/00 2263.21 2328.94 12/29/Ol 2331.11 2396.81 A B (1) (2) 12/30/00 2332.51 2401.79 12/29/O1 2402.49 2473.84 A B (1) (2) 30/00 2402.95 2474.61 /29/O1 2475.04 2548.85 GFtADE 044 624 PUBLZC WORKS FIELD SUPERVISOR GRADE 045 680 BUILD MAINT SUPV--PARKS & REC �[-�o�bl 25 ARTICLE 24 - TERMS OF AGREEMENT v�-t�� .1 This Agreement shall be effective as of January 1, 2001, and shall continue in effect through December 31, 2002. This Agreement shall remain in effect and full force until modified or amended by mutual agreement of the parties. 24.2 It is understood that this settlement shall be recommended by the Director of Labor Relations, but is subject to approval by the City Councii. 243 The Employer and the Association aclmowledged that during the meeting and negotiating which resulted in flus Agreement, each had the right and opportuniry to make proposals with respect to any subject concerning the terxns and conditions of employment. The Agreements and understandings reached by the parties after the exercise of this right aze fully and completely set forth in this Agreement. Any and all prior Agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this Agreement are hereby superseded. 24.4 The 2001 salary schedule shall be retroactive to 1/1/Ol [closest paq period 12/30/00] for all employees including employees who retired after that date, but exciuding employees who resigned or were terminated for cause. CITY OF SAINT PAUL a egany Labor Relafions Director � d Date • THE SAINT PAUL MA1V[ JAL AND MAINTENANCE SUPERVISORS ASSOCIATION �O—r�. Tt.,�ti� Dan Palumbo President /� �� /n/ Dat�� 26 o��C�� MEMORANDUM OF IINDERSTANDING BETWEEN THE CITY OF SAINT PAUL 8s THE SAINT PAUL MANUAL 8s MAINTENANCE SUPERVISORS ASSOCIATION The City of Saint Paui and the Saint Paul Manual & Maintenance Supervisors Association agree to the following: ARTICLE 19.1 Worlflng out of Classification, states; Any Employee wor�cing an out-of-c/ass assignmenf for a period in excess of fiffeen (15) working days during any frsca/ year (of the Employer) shaU receive the rate of pay for the out-of-class assignment in a higher classification nof later than the sixteenth day of such assignment. � � The language states that an employee holding an out-of-classification position in excess of fifteen (15) working days will receive the rate of pay for the out-of-class�cation position. It is understood, that individual Departments have established different practices regarding where in the fifteen days the out-of-class�cation pay begins. The L)epartments will continue to exercise their individual discretion regarding the day to initiate the out-of-classification rate of pay, as long as it begins on, or before, the sixteenth (16) day. WITNESSES: FOR THE CITY �r- (L e__._�, ) `_,� Joe Reid Budget D'uector DATE: � ^ z � � SAINT PAUL 1KANUAL 8s MAINTENANCE SUPERVISORS ASSOCIATIO � MHce Miller President DATE: � � // f��l 61�� OFFICE OF LABOR RELAIIONS Xatherine L MegaJry, Directar CTTY OF SAINT PAUL LABOR RFLATTONS 400 Ciry H¢Il Annes 25 Wut Faurth Streei SaintPaul, Mirmesota 55 7 02-1 631 Telephone: 657- 266-6496 Facsimile: 657- 266-6495 Nmm Coleman, Mayor Mr. Dan Palumbo President, SPMMSA PO Box 17275 St. Paul, MN 55117 Mr. Ron Rollins Legal Counsel, SPMMSA 310 Groveland Ave. So. Mpis., MN 55410 Dear Dan and Ron: June 15, 2001 .s letter confirms our understanding made at the 2001-2002 round of bargaining regarding On Call Pay. Article 11.7 of the collective bargaining agreement between the City and the SPMMSA makes it ciear that employees may decline to carry city cell phones, pagers or beepers during non-working hours. The contract also indicates that, should the City begin directing employees to carry cell phones, pagers or beepers during non-working hours, the City and the SPMMSA must establish a premium for such duty. It is the City's understanding that, currently, there aze no SPMMSA employees being required to carry phones/pagers/beepers during non-working hours. As such, no premiums have been negotiated. There are a number of employees who voluntazily carry phones(pagersPoeepers during non-working hours, and(or answer their own home telephone as they are able. When such employees are actuaily called back to work, they aze compensated according to the Call Back provisions of the contract. While management retains the right to discuss issues of availability with an individual employee, it is understood that non-exempt staff who do not voluntarily answer the phone should not be disciplined in any way for that decision. Sincerely, �� Katherme L. Me arry �� g � Labor Relations Director �egotiations file 28 fi��`'.'.. }, +�� ._� �;. . . J 3 s 'v RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented � Referred To Council File # 01- C.p1 Green Sheet # 106844 Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the aitached 0 January l, 2001 through December 31, 2002 Labor Agreement between the City of Saint Paul and The Saint Paul Manual & Maintenance Supervisois Associa6on. Requested by Department of: Office of Labor Relations By: Form Approve Ci ttomey By: Approved py I�ayor foa Submission to Councfl BY� � \ _ 3— � V-! : �,-��' � �J vG� 18 z� Approved by Mayor: Date � By: Adopted by CouncIl: Date 2 a o a Adoption Certified by Council Secretary � DEPARTMENT/OPFICE/COUNCII.: DATE INITfAT'$D GREEN SHEET No.• 106844 O' _C LABOR RELATIONS June 18, 2001 ' f ; CONTACI' PERSON & PHONE: p Ate uciTTnunA7E Yx JLTLIE KRAUS 266-6513 p$$IGN 1 DEPARTMENT D �� 4 C1TY COUNCII, ' NID1yIgER 2 CITy ATTORNEY CITY CL FRK MUSl' BE ON COONCII, AGENDA BY (DA'TE) FOR BUDGEI' DIIL FIN. & MGT. SERV[CE DII2. ROUTING 3 MAYOR (OR ASST.) �j � � � o,�� TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCAITONS FOR SIGNATORE) r — ncriox �zeQaESrEn_ This resotution appmves the attached January 1, 2001— December 31, 2002 Labor Agreement between the City of Saint Paul and The Saint Paul Manual & Maintenance Supervisors Association. RECObII�SENDATIONS: Approve (A) or Rejec[ (R) PERSONAI, SERVICE CONTRACfS MI7ST ANSWER THE FOLLOWIlVG QUESTIONS: _PLANNING COMIvIISSION _CIVR. SERVICE COMbIISSION 1. Has this person/fum ever worked under a contract for this department? - _CIB COMIvIITTEE Yes No , _STAFF 2. Has this person/fvm ever been a city employee? _DISIRICT COURT Yes No � SUPPORTS WE�IICH COLiNCIL OBJECTIVE? 3. Does this person/fum possess a sldll not notmally possessed by any cunent city employee? Yes No Eaplain all yes answers on separate s6eet and attach to green sheet „y r a . �� u, . � INTTIAIING PROBLEM, ISSiIE, OPPORTUNITY (Who, What, When, Where, Why): Current agreement expired December 31, 2000. ""?� �� .�.. .u.� -- - ,;�. .. _, :.._ , _ __. ,_ ,...., . ADVANTAGESIFAppROVED: '�� "" �� An ageement in place through December 31, 2002. This agreement has been ratified by the union members. � DISADVANTAGESIFAPPROVED: None DISADVANTAGES IF NOT APPROVED: No agreement in place - labor unrest. � TOTAL AMOIJNI' OF 1'RANSACTION: $ COST/REVENIJE BUDGETED: FUNDING SOURCE: ACiTVITY NUMBER: _- FINANCIAL INFORMATION: (EXPLAIN) 2�.li • • � . �,. ,�p :�,.��.. �- - . _ _ �- �t .a..�.......�,,.. 9 _ .. n .... .... _...� ATTAC�IMENT TO T'F� GREEN SHEET ST. PAUL MANLJAL & MAINTENANCE SUPERVISORS ASSOCIATION 6 �' `�� Below is a snwmary of the changes in the Collective Bargaining Agreement between the City and the St. Paul Manual & Maintenance Supervisors Association. Duration: January 1, 2001 through December 31, 2002. Wages: 2001: 2.625%* 2002: 3.0% Health Insurance: The insurance contriburion increases follow the same pattern as previously negotiated agreements with other bargaiuing units and/or as found in the mediator's proposal with regazd to Single insurance in 2002. (monthly rates) 2001 Single: $211.62 + first $40 of any increase (which was $18.22) = 229.84 Family: $391.67 plus $17.85* plus the increase in single insurance up to $40.00 (which was $18.22) = 427.74 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 year Single: $229.84 + fu11 amount of 2002 premium increase 2002 - all year Family: The 2001 family contribution plus 60% of the family premium increase for 2002 up to $60.00. If the increase exceeds $100 the City will pay 40% of the excess increase. * The Union reduced the across-the-boazd wage increase in the yeaz 2001, by 0.125% in order to receive an extra $17.85/month on family, prior to the pattern language. Agreed to decrease the yeazs of service required for employees receiving a disability pension. Employees will no longer be chazged for participating in the Flexible Spending Account. Deferred Compensation: Process for deferred compensation match was adjusted. Twice a yeaz match (Oct 1 pay period and end of fiscal year) will continue for 2001. Beginning 2002, match will only occur on pay period closest to October 1. Existing eligibility requirements, consistent with all other bazgaiuiug units, were confirmed via a letter to the Union. Milea�e: Agreed to move to IRS rate for mileage reimbursement and drop per diem system, effective 2002. Attachment to the Crreen Sheet St. Paul Manual & Maintenance Supervisors Association. Page 2 ai-cr► Out of Title• Notice given and acknowledged by Union that all Departments will follow the contract language on out of title, effective with Council approval of the contract, although nnpact of this change may not be noticeable until beg'v�niug of calendar year 2002. Holidavs• Agreed to a change in the process for holiday eligibility determination. This change will make the adininistration of holidays easier for Payroll staff. Grievances: Grievances relating to violations of the terms and conditions of the contract to be grieved only tl�rough the contract process. Grievances about issues which aze not terms and conditions of the contract to be initiated in only one forum or the other (i.e., either contractual grievance or civil service grievance, not both). Also reduced the numbet of days for grievance processing to be consistent with other units. Retroactivitv: Agreed that the 2001 salary schedule sha11 be retroactive to 1/1/O1 [closest pay period] for all employees, including any employees who rerired after that date, but exciuding employees who resigned or were ternunated. Other languase chan e�s�. Other language changes (inclusion of MOU on Golf uniforms, moving of holiday language, and rewrites of the safety shoe, life insurance, and severance pay language) are of a housekeeping nature for clarification and clean up. Costs: 2001 2002 Wages $104,800 $ 119,600 Health Insurance $ 13,774 $ actuals unknown at this tune Addl Family insurance 7 925 �_ Total: $ $126,500 $ 119,600 + inswance costs :� ... _ �- ol -CYt , Zaoi - 2ooi � � � . : � � " �� _ =L�B(3R AGR�EII�NT . - . _ � � _� . ��, � � _ �� _� �� °; BETVVE��T_;,�-' - �-� �� _ -. � _ -. _ _ �� I�E�G`ITY, OF SA�NT=PAIIL � �` � - AND ., ; - � THE �A.INT T'�UL' MANI7AL & MAIl�T'�'ENANCE ; } S�7PE�2V�SORS AS�OGIAT�ON ,' _ , .._ _ � �._ - = - _ _ - ,=1 _ , .�' . � , � � _ _ _ -:�_ .. � � _:: :, , ,._ _ _ : - _ _ _- . . .. � .t � , , 6 l -(o�l INDEX �TICLE TITLE PAGE 1 Purpose of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Recognition .............................•---�--..............------....1 3 Maintenance of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 EmployerSecurity .......................................................2 5 Employer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Association Security .....................................................3 7 Employee Rights-Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Savings Clause ..........................................................7 9 Seniority ...............................................................7 10 Discipline ..............................................................9 11 Overtime and Premiums ..................................................9 12 Uniforms .............................................................10 13 Vacation ..............................................................11 14 Holidays ..............................................................11 15 Insurance .............................................................12 16 City Mileage ...........................................................16 � Severance Pay .........................................................17 Working Out of Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 19 Sick Leaveand PazentalLeave ............................................19 20 No Strike,No Lockout ...................................................21 21 Rightto Subcontract ....................................................21 22 Deferred Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 23 Wage Schedule .........................................................22 24 Termsof Agreement ....................................................26 Memorandum of Understanding (WOOC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 On -Ca1lLetter ....................... ...................................28 i ARTICLE 1- PURPOSE OF AGREEMENT 6 � � � l.l This Agreement is entered into between the City of Saint Paul, hereinafter called the Employer, and • the St. Paul Manual and Maintenance Supervisors Association, hereinafter called the Association. Place in written form the parties' Agreement upon terms and condirions of employment for the duration of this Agreement. ARTICLE 2 - RECOGNITION 2.1 The Employer recognizes the Association as the exclusive representative, under the Public Employment Labor Relations Act of 1984, as amended, for all personnel in the following classifications: All manual maintenance supervisors who are employed far more that fourteen(14) hours per week and more than sixty-seven (67) works days per yeaz by the City of Saint Paul, excluding all other Employees. Titles included: Animal Control Supervisor Bridge Maintenance Supervisor I Bridge Maintenance Supervisor II Buiiding Maintenance Supervisor - Fire Department Building Maintenance Supervisor - Libraries Building Maintenance Supervisor - Pazks & Recreation � ustodial Supervisor - Civic Center ustodian Engineer (Public Safety Building) Dispatcher Equipment Maintenance Supervisor Forestry Supervisor I Forestry Supervisor II Golf Course Superintendent Marina Services Supervisor Meter Operations Supervisor Night Custodial Supervisor - Civic Center Pazk Maintenance Supervisor I Pazk Maintenance Supervisor II Public Works Field Supervisor Public Works Supervisor I Public Works Supervisor II Public Works Supervisor III Senior Zoo Keeper Sewer Supervisor I Sewer Supervisor II Sewer Supervisor III Supervisor of Garbage Collection Traffic Maintenance Supervisor I Tr�c Maintenance Supervisor II Vehicle Mechanic Supervisor I Vehicle Mechanic Supervisor II Water Maintenance Supervisor Water Plant Production Supervisor Water Service Supervisor Watershed Supervisor I Watershed Supervisor II Water Utility Mains Supervisor Zoo Supervisor 2.2 In the event the Employer and the Association aze unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. It is understood that this provision shail refer to the Bureau of Mediation Services only such issues as by law are under its jurisdiction. • 1 ARTICLE 2 - RECOGNITION (Continued) 23 The Employer shali not enter into any Agreements covering terms and conditions of employment • with the Employees of the bargaining unit under the jurisdiction of this Agreement, either individually or collectively which in any way conflicts with the terms and conditions of this Agreement, except through the certified representative. 2.4 Neither the Association nor the Employer shall discriminate against any Employee because of Association membership or non-membership, or because of his/her race, color, sex, religion, national origin, or politicai opinion or affiliations. 2S All existing Civil Service Rules shall apply except those superseded by this Agreement. ARTICLE 3- MAINTENANCE OF STANDARDS 3.1 The City agrees that all 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 and Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement aze made elsewhere in this Agreement. ARTICLE 4 - EMPLOYER SECURITY 4.1 The Association agrees that during the life of this Agreement it will not cause, encourage, participate � in or support any strike, slow-down or other interruption of or interference with the normal functions of the Empioyer. ARTICLE 5 - EMPLOYER AUTHORITY 5.1 The Employer retains the sole right to operate and manage ail manpower, facilities and equipment in accordance with applicable laws and regulations of appropriate authoriries. shail remain solely within the discretion of the Employer to modify, establish, or eliminate. 5.3 The exercise by the Employer of, or its waiver of, or its failure to exercise its full right of management or decision on any matter or occasion, shall not be a precedent or be binding on the Employer, nor the subject or basis of any grievance not admissible in any azbitration proceeding. 2 • ARTICLE 5 - EMPLOYER AUTHORITY (Continued) 6 (- G�l 5.4 A public Employer is not required to meet and negotiate on matters of inherent managerial policy � which include, but aze not lunited to, such azeas of discretion or policy as the functions and programs of the Employer, its overall budget, utilization of technology and organizational structure and selection and direction and number of personnel. ARTICLE 6 - ASSOCIATION SECURITY 6.1 The Employer shall deduct from the wages of the Employees who authorize such a deduction in writing an amount necessary to cover monthly Association dues. Such monies shall be remitted as directed by the Association. 6.2 The Association may designate Employees from the bazgaining unit to act as stewazds and altemates and shall inform the Employer in writing of such choices and of changes in the positions of stewazds and/or altemates. It is further understood that the number and locations of stewazds shall be limited and confined to numbers and locations as aze necessary and reasonable to administer the provisions of this Agreement. 6�c? � � 6.5 The Employer shail make space available on the Employee builetin boazd for the posting of Association notice(s) and announcements(s). The Association agrees to indemnify and hold the Employer hannless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a resuit of any action taken or not taken by the Employer under the provisions of this Article. The Employer agrees that on the Employer's premises and without loss of pay the Association stewazds shall be allowed to post official Association notices of the designated representatives, to transmit communications authorized by the Association or its officers under the terms of this contract, and to consult with the Employer, its representative, Association officers or the Association representative concerning the enforcement of any provisions of this Agreement, so long as such action does not interfere with regulaz Employee duties and is reasonable and necessary. 6.6 Stewazds are authorized to perform and discharge the duties and responsibilities which are assigned to them under the terms of this Agreement and any supplementary Agreements. The Employer agrees that there shall be no restraint, interference, coercion or discrimination against a stewazd because of the performance of such duties. � ARTICLE 6 - ASSOCIATION SECURITY (Continued) 6.7 Any present or future Employee who is not an Association member may be required to contribute a� fair shaze fee for services rendered by the Association. Upon notification by the Association, the Employer shall check off said fee from the earnings of the Employee and transmit the sazne to the Association. 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 grievance procedures. This provision shall remain operafive only so long as specifically provided by Minnesota law, and as otherwise legal. It is also understood that the Association agrees to indemnify and hold the Employer hannless against any and all claims, suits, orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this section. ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance - The procedure established by this Article shali be the sole and exclusive procedure for the processing of grievances which are defined as a dispute or disagreement as to the interpretation or appiication of the specific terms and conditions of this Agreement. It is understood by the Association and the Employer that if an issue is submitted and determined by this grievance procedure, that issue shall not again be submitted for arbitration under the provision of the Rules and Regulations of Civil Service. It is further understood that if an issue is submitted and determined by the grievance procedure under the Civil Service Rules and Regulations, it shall not again be submitted for arbitration under the procedures set forth in this Article. 7.2 Association Representatives - The Employer will recognize Representatives designated by the , Association as the grievance representatives of the bazgaining unit having the duties and responsibilities established by this Article. The Association shall notify the Employer in writing of the names of such Association representatives and of their successors when so designated as provided by 6.2 of this Agreement. 73 Processing of a Grievance - It is recognized and accepted by the Association and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shail iherefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and an Association Representative shall be allowed a reasonable amonnt of time without loss of pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Association Representafive have notified and received the approval of the designated supervisor who has detemuned that such absence is reasonable and would not be detrimental to the work programs of the Employer. 4 • ARTICLE 7- GRIEVANCE PROCEDURE (Continued) � �" � � 7.4 Procedure - Grievances, as defined by Section 7.1, shall be resolved in conformance with the • following procedure: Step I. An Employee claiming a violation conceming the interpretation or application of this Agreement shall, within twenty one (21) calendaz days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within seven (7) calendaz days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shail be placed in cvriting setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within seven (7) calendar days after the Employer-designated representative's final answer in Step 1. Step 2. If appealed, the written grievance shall be presented by the Association and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Association the Employer's Step 2 answer in writing within seven (7) calendaz days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within seven (7) calendar days following the Employer-designated representative's final Step 2 answer. Step 3. If appealed, the written grievance shall be presented by the Association and discussed � with the Labor Relations Director or his/her designee. The Employer-designated representative shall give the Association the Employer's answer in writing within seven (7) calendaz days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within seven (7) calendaz days foliowing the Employer-designated representative's fmal answer in Step 3. Optional Mediation Step If the grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendaz days, request mediation. If both parties agree that the grievance is suitable for mediation, the parties shali submit a joint request to the Minnesota Bureau of Mediation Services for the assignment of a mediator. 2. Grievance mediation is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance azbitration. When grievance mediation is invoked, the contractual time lunit for moving the grievance to azbitration shall be delayed for the period of inediation. Either parry may at any time opt out of inediation at which time, the Union may then proceed to azbitration. � U ARTICLE 7 - GRIEVANCE PROCEDURE (Continued) The grievance mediation process shall be informal. Rules of evidence shall not apply, � and no record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and azgument to support their case. The mediator may meet with the parties in joint session or in sepazate caucuses. 4. At the request of both parties, the mediator may issue an oral recommendation for settlement. 5. Unless The parties agree otherwise, the outcome shall noY be precedential. 6. If the grievance is not resolved and is subsequently moved to arbitration, such proceeding shall be de novo, in that, nothing said or done by the parties or the mediator during grievance mediation with respect to their positions conceming resolution or offers of settlement may be used or referred to during arbitration. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Association shall be submitted to arbitration subject to the provisions of the Pubiic Employment Labor Relations Act of 1971 as amended. The selection of an azbitrator shall be made in accordance with the "Rules Governing the Arbitration of Crrievances" as established by the Bureau of Mediation Services. 7.5 Arbitrator's Authority - A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The azbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Association, and shali have no � authority to make a decision on any other issue not so submitted. B. The azbitrator shall be without power to make decisions contrary 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 hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Association and shall be based solely on the azbitrator's interpretation or application of the express terms of this Agreement and to the facts of ihe grievance presented. C. The fees and expenses for the azbitrator's services and proceedings shall be borne equally by the Employer and the Association provided that each pariy 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. If both parties desire a verbatim record of the proceedings the cost shall be shazed equally. � F� ARTICLE 7- GRIEVANCE PROCEDURE (Continued) 0 �-�`� i 7.6 Waiver of grievances/ missed timelines. If a grievance is: (1) not presented within twenty one (21) � calendar days of its occurrence by the employee as described in Step 1; or (2) arbitration has not . been requested by the Association within 60 calendar days of the Association's filing of its written grievance in Step 2, it shall be considered "waived". If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Association may elect to treat the grievance as denied at the step and immediately appea] the grievance to the next step. The tune lunit in each step may be ea�tended by mutual written agreement of the Employer and the Association in each step. ARTICLE 8 - SAVINGS CLAUSE 8.1 This Agreement is subject to the laws of the United States, the State of Minnesota. In the event any provision of this Agreement shall be held 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 provisions shall be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. All other provisions of this Agreement shall continue in full force and effect. ARTICLE 9 - SENIORITY � Seniority, for the purpose of this Agreement, shall be defined as follows: A. "City Seniority" - The length of continuous, regulaz and probationary service with the Employer ftom the last date of employment in any and all class titles. B. "Class Seniority" - The length of continuous, regulaz and probationary service with the Employer from the date an Employee was first certified and appointed to a class titie covered by this Agreement, it being further understood that class seniority is confined to the current class assignment held by an Employee. 9.2 SenioriTy shall terminate when an Employee retires, resigns, or is dischazged. 93 Seniority shail not accumulate during an unpaid leave of absence, except when such leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an Employee to accept an appoinhnent to the unclassified service of the Employer; or is granted to take an elected or appointed full-time position with the Association. • ARTICLE 9 - SENIORITY (Confinued) 9.4 In the event it is determined by the Employer 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 in inverse order of layoff, except that recall rights shall expire af[er two yeazs of layof£ In cases where there aze promorional series, such as Supervisor I, Supervisor II, Supervisor III, etc., when the number of Employees in these higher titles is to be reduced, Employees who have held lower titles which aze in this bargaining unit will be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs aze made by any class title in any department. It is further understood that a laid off Employee shall have the right to placement in any lower-paid class title, provided said Employee has been previously 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 Senioriry" based on the date originally certified artd appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, retum to original class as provided in paragraph (A) above. 9.5 To the extent possible, vacation periods shall be assigned on the basis of "City Seniority," within each class, by division. It is however, understood that vacation assignments shall be subject to the ability of the Empioyer to maintain operations. 9.6 Promotions shall be handled in accordance with current Civil Service Rules and practices. 9.7 The Employer shall post a seniority list at least once every six (6) months. � 9.8 Notwithstanding anything in this Agreement to the contrary, no employee in a position outside this bargaining unit may bump into a position in this unit, except as described here: 9.81 an employee outside the unit may return to a vacancy in this unit if selected following prescribed procedures; 9.8.2 an employee outside the unit may hump the most junior employee in a position previously held by the returning empl�ee if a bumping zight has been provided under the Tri Council agreement to members of this unit. and if provided, the rights of employees attempting to bump back into this unit shall be the same in every respect but shail not exceed those rights given to members of ihis unit by tiie Tri Council contract. i ARTICLE 10 - DISCIPLINE 10.1 The Employer will discipline Employees for just cause only. . a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e} Discharge. ac-c��t Discipline will be in the form of: 10.2 Suspensions, reductions and dischazges will be in written form. 103 Employees and the Association will receive copies of written reprimands and notices of suspension and dischazge. 10.4 Employees may examine all information in their Employer personnel files that concerns work evaluation, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the Employer. No documents conceming work evaluation or discipline of an Empioyee wili be placed in the Employee's personnel file unless it contains the signature of the Employee acknowledging the Employee's receipt of the document prior to placing it in the file. I 0.5 � Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the Employee and/or Association may request, and shall be entitled to a meeting with the Employer representative who initiated the suspension with intent to dischazge. During said five (5) day period, the Employer may affirm the suspension and dischazge in accordance with Civil Service Rules or may modify, or withdraw same. 10.6 An Employee to be questioned concerning an investigation of disciplinary action shall have the right to request that a Association representative be present. ARTICLE 11 - OVERTIME AND PREMIUMS 11.1 Employees (with the exception of those covered in Section 11.2 hereofl shall be paid one and one-half (1.5) times the regulaz rate of pay for work performed in excess of the regulaz work day and/or the forty (40) hour work week. 11.2 Employees in classifications in salary grade 42 or above shall be paid straight time for work performed in excess of the regular work day and/or forry (40) hour work week. 11.3 An Employee who is called back to work following the completion of his(her regulaz work day shall be guaranteed four (4) hours pay at his/her regulaz straight time rate. 11.4 An Employee shall be compensated in either compensatory time off or overtime payment in cash. Employees may express a written preference for the method of overtime payment, cash or compensatory time. • ARTICLE 11- OVERTIME AND PREMIUMS (Continued) 11.5 A night differential of five percent (5%) shall be provided to Employees who work night shifts as � defined herein. A night shift will be considered to be a regulazly assigned shift beginning eazlier than 6 a.m., or ending later than 6 p.m., provided that at least five (5) hours of said shift aze worked between the hours of 6 p.m. and 6 a.m. It is further understood that in case of regularly assigned shifts beginning eazlier than 6 am. or ending later ttian 6 p.m. which involve �ess than five (5) hours of work, an Employee shall be eligible for the night differential only for the hours actuaily worked during night shift hours. 11.6 Employees may decline to carry city cell phones, pagers or beepers during non-working hours. In the event that the City d'uects an employee to cazry city cell phones, pagers or beepers to standby for non-working hours, the Employer and the Association shall establish a premium for snch duty. ARTTCLE 12 - LTNIFORMS 12.1 The City shall fumish a uniform or required equipment to any employee who is required by the City to weaz the uniform or utilize the equipment as condition of employment. After providing, at its expense, an initial uniform to employees required to wear a uniform, the City will reimburse these employees for necessary replacemenT parts of the uniform annually per calendar yeaz beginning the yeaz after the employee's initial issue of uniform. Employees must present receipts to be reimbursed. 12.2 The Employer agrees to pay $50.00 per yeaz for safety shoes purchased by an Employee who is a member of this unit. The Employer shall only contribute toward the cost of one pair of shoes per contract yeaz. This reimbursement shall be made only after investigation and approval by the � immediate supervisor of that Employee. This Employer contribution shall apply only to those Employees who aze required by the Employer to weaz protective shoes or boots. Employees may carryover up to a total of $160.00 per year for the purchase of shoes, i.e., the maximum reimbursement for any one yeaz conld be $210.00 ($160 carryover plus $50/yeaz). 123 The Employer shall provide each employee in the title of Golf Course Superintendent who is required to weaz a specified uniform with four (4) uniforms for full-time employees and rivo (2) uniforms for part-tim employees. The uniform will consist of either a shirt or sweatshirt selected by thP ��1�3�er F+LL�I4F�PPC t �ii req ' to wear the uniform wtule on duty and will be responsible for the care and upkeep of their uniforms. • 10 (51 �G`bl ARTICLE 13 - VACATION 13.1 In each calendar yeaz, each full-tune Employee shali be granted vacation according to the foliowing � schedule: Years of Service 0 thru 4th yeaz Sth yeaz thru 9th year lOth yeaz thru 15th year 16th yeaz thru 23rd yeaz 24th teaz and thereafter The above provisions of vacation shall be subject to Resolution No. 6446, Section I, Sub. H. 13.2 Employees who work less than full-tune shall be granted vacation on a pro rata basis. 133 The head of the deparhnent may pernvt an Empioyee to carry over into the following fiscal year up to one hundred twenty (120) hours ofvacation. The vacation cap of 120 hours shall be applied on the last work day of the calendaz yeaz. 13.4 13.5 For the purposes of this Article, yeazs of service shall be defined as the number of yeazs since the Employee's date of appointment. This shall not include yeazs of service prior to a resignation. Vacarion Granted 10 days 17 days 14 days 24 days 26 days �TICLE 14 - HOLIDAYS 14.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidavs: New Yeazs Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Two floating holidays Labor Day Veterans' Day Thanksgiving Day Day After Thanksgiving Christmas Day Eligible Employees 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 holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 14.2 The floating holidays set forth in Section 15.1 above may be taken at any time during the contract yeaz, subject to the approval of the Department Head of any Employee. � 1fl ARTICLE 14 - HOLIDAYS (Continued) 14.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee must be � employed as of the date of the holiday and have paid hours on the payroil for that pay period. The amount of holiday time eamed shall be based ugon the number of non-holiday hours paid during that pay period (see proration charts in Salary Plan and Rates of Compensation). For the purpose of this section, non-holiday hours paid includes hours actually worked, vacation time, compensatory time, paid leave and sick leave. It is further understood that neither temporary, emergency nor other Employees not heretofore eligible shall receive holiday pay. 14.4 Major holidays, for the purpose of this Section, shall include the following: New Yeaz's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day. Minor holidays, for the purpose of this Section, shall include the following: Martin Luther King Day, Presidents' Day, Veterans' Day, and the Day af[er Thanksgiving. An Employee working a major holiday as defined herein shall receive time and one-half (1.5) his/her regular rate of pay for all work performed on such holiday, and an Employee working a minor holiday as defined herein shall receive straight tune for such holiday work, it being understood that all payments for holiday work shalt be in addition io regulaz holiday pay. ARTICLE 15 - INSURANCE 15.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by the Employer shali be solely controlled by the contracts negotiated by the Employer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by the � benefit providers. However, Yhe Employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. 15.2 Effective for the January 1, 2001 insurance premiums, for each eligibie Employee covered by this Agreement who is employed full-time and who selects Employee insurance coverage, the Employer agrees to contribute $2 21.62 (amount of 2000 single premium] per month plas any increase in the 2001 single health insurance premium up to $40.00 per month. If the 2001 single health insurance premium increse is over forry ($40.00) dollazs, the Employer wili contribute 50% of the amount over ..fnrt� (�$44.4.Q) doliars- [For 2001 because the increase to the single premium is $18.22/month, the City continues to pay 100% of the single premium]. Effective for the January 1, 2001 insurance premiums, for each eligible full-time Employee who selects family health insurance coverage, the Employer will contribute $391.67 [amount of 2000 family premium] per month, plus $17.85 plus an amount equal to the 2001 single health insurance premium increase up to forty ($40.00) doilazs. If the 2001 single health insurance premium increase is over forty ($40.00) dollars, the Employer will contribute 50% of the amount over forty ($4Q.00). [For 2001, because the increase in the single premium is $18.22/month, the Employer's contribution to tlie "family preminm will be $427.74]. - � 12 ARTICLE 15 - INSURANCE (Continued) The parties agree to the following arrangement for 2002 single insurance premiums with the • explicit understanding that language agreed to for any time period during 2002 sets no precedent one way or another with regazd 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 standazd procedure for processing of the premiums until 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 l, 2002 - June 30 2002, for each eligible Employee covered by this Agreement who is employed full-time and who selects single Employee insurance coverage provided by the Empioyer, the Empioyer agrees to contribute the 2001 contribution plus an increase up to forty ($40.00) dollars per month. If the single health insurance premium increase for 2002 exceeds forty ($40.00) per month, the Employer will contribute 50% of the amount over foriy ($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 health insurance coverage provided by the Employer, the Employer agrees to contribute the 2001 contribution plus an increase up to the full costimonth of the 2002 premium. Effective for the January l, 2002 insurance premiums for each eligible fuil-time employee who selects family health insurance coverage, the Employer will contribute the 2001 contribution pius • 60% 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 yeaz the number of plans increases, the increase will be based on the average premium. 15.3 For each eligible Employee, the Employer agrees to contribute the cost of Life Insurance Coverage equal to the Employee's annual salary to the neazest full thousand dollazs. For the purpose of this section, the Employee's annual salary shall be based on the salary as of the beginning of each life insurance contract period (i.e., one time per yeaz). This contribution shall be paid to the City's Group Health and Welfare Plan. Retiree Insurance 15.4 Employees who retire must meet the foilowing conditions at the time of retirement in order to be eligible for the Employer contributions, listed in Sections 15.5 through 15.15 below, toward a health insurance plan offered by the Employer: 15.4(1) Be receiving benefits from a public Employee retirement act at the time of retirement, and 15.4(2) Have severed hislher relationship with the Ciry of Saint Paul for reasons other than misconduct, and CI 13 ARTICLE 15 - INSURANCE (Continued) 15.4{3) Have completed at least 20 yeazs service (or I S years if receiving a disability pension) � with the Ciry of St. Paut. Emptoyment with Schoot District #625 will not be counted toward the yeazs of service requirement for Employees hired after Ol/Ol/97 for purposes of retiree health eligibility. Early Retirees 15.5 This SecTion shall apply to full time Employees who: 15.5(1) Retire on or after January 1, 1996, and 15.5(2) Were appointed on or before December 31, 1995, and 15.5(3) Have not attained age 65 at retirement, and 15.5(4) Meet the terms set forth in Section 15.4 above, and 15.5(5) Select a health insurance pian 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 wili provide the same contribution as is provided for active Employees selecting single coverage under this Agreement. This amount, however, shall not exceed $350.00 per month. For Empioyees selecung family health insurance coverage, the Employer will contribute $350.00 per month towazd the premium for family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the reriree. In addition, the Employer will contribute the • cost for $S,OOO life insurance until the retiree attains the age of 65. When such eazly retiree attains age 65, the provisions of Section 15.7 shall apply. 15.6 This Section shall apply to full time Employees who: 15.6(1) Retire on or after January l, 1996, and 15.6(2) Were appointed on or after January 1, 1996, and 15.6 3 Have noz attained a e 65 at retiremen and 15.6(4) Meet the conditions set forth in Section 15.4 above, and 15.6(5) Select a health insurance plan offered by the Employer. Until such retirees reach siacty-five (65) yeazs of age, the Employer agrees to contribute a masimum of $300.00 per month towazd the cost of single or family health insurance coverage. Any unused portion shall not be paid to the retiree. In addition, the Employer will contribute the cost for $5,000 life insurance until the retiree attains the age of 65. When such eazly retiree attains age 65, the provisions of Section I5.8 shaIl apply. Upon such retiree reaching the age of sisty-five (65), such Employer wnh towazd such eazly retiree coverages shall terminate. The Employer will also contribute the cost for $5,000 of life insurance covernge for such early retiree until the eazly retiree reaches age sixty-five (65), at which • time the life insurance coverage shall terminate. 14 ARTICLE 15 - INSURANCE (Continued) Regular Retirees (Age 65 and over) ,.7 E��3 ►�_J This Section shall apply to full time Employees who: 15.7(1) Retire on or after January 1, 1996, and 15.7(2) Were appointed on or before January 1, 1996, and 15.7(3) Have attained age 65 at retirement, and 15.7(4) Meet the terms set forth in Section 15.4 above, and 15.7(5) Select a health insurance plan offered by the Employer. �I - �� The Employer agrees to contribute a maaiimum of $550.00 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 eazly retirees who retired under the provisions of Section 15.5 when such eazly retirees attain age 65. This Section shail apply to full time Employees who: 15.8(I) Retire on or after January l, 1996, and 15.8(2) Were appointed on or after January 1, 1996, and 15.8(3) Have attained age 65 at retirement, and 15.8(4) Meet the terms set forth in Sections 15.4 above, and 15.8(5) Select a health insurance plan offered by the Employer. The Employer agrees to contribute a m�imum of $300.00 per month towazds the cost of singie or family health insurance coverage offered to regulaz retirees and their dependents. Any unused portion shall not be paid to the retiree. This Section shall also apply to eazly retired under the provisions of Section 15.6 when such early retirees attain age 65. 15.9 If an employee does not meet the condition of Section 15.4(3), but does satisfy the conditions in 15A(I ) and (2), he/she may purchase single or family health insurance coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by the retiree. 15.10 A retiree may not carry his/her spouse as a dependent if such spouse is also a City retiree or City Employee and eligible for and is enrolled in the City's health insurance program. 15.11 Any cost of any premium for any City-offered Employee or family insurance coverage in excess of the dollaz amounts stated in this Article 15 shali be paid by the Employee. 15.12 The contributions indicated in this Article shall be paid to the Empioyer's Third Parry Administrator. • 15 ARTICLE 15 - INSURANCE (Continued) 15.13 The Employer will provide a system whereby the Employee's contribution towazd premiums for the . Employee selected heatth insurance coverages can be paid on a pre-fas basis. Employees covered by this Agreement will be eligible to participate in the Flexible Spending Account as offered by the Employer. The service fee chazged to participating Employees shall be paid by the Employer. 15.14 Empioyees covered by this Agreement shall be eligible to participate in the Dependent Caze Reimbursement Account offered by the Employer. The service fee charged to participating Employees shall be paid by the Employer. Survivor Insurance 15.15 The surviving spouse of an Employee carrying family coverage at the time of his/her death due to a job connected injury or iliness which was deternvned to have arisen out of and in the course of his(her employment under worker's compensation law shall 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 regulaz retiree, the dependents of the retiree shall have the option, within thirty (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the premium and Employer contribution accorded to the eligible deceased retiree. It is further understood that coverage shall cease in the event of: 15.15(1) Subsequent remarriage of the surviving spouse of the deceased Employee or retiree. � 15.15(2} The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. 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 - CITY MILEAGE 16.1 Automobile Reimbursement Authorized: Chapter 33 of the Saint Paul Administrative code shall be superceded for members of Uus bazgaining unit by this article. 16.2 Mefhod of Computation: To be eligible for such reimbursement, ail officers and Emptoyees must receive written authorization from the Department Head. When an employee is required to use his/her personal automobile to conduct authorized City bnsiness, the City shall �eimburse the emplayeeat-tha.then currentEederall.R.S. mileage_ . reimbursement rate on the most direct route. � I[� ARTICLE 16 - CTTY MILEAGE (Continued) (.�t-Ca�l 163 The City will provide pazking at the RiverCentre Parking Ramp for City Employees on the above_ � mentioned type of reunbursement plan who ate required to have their personal caz available for City business. Such pazking will be provided oniy for the days the Employee is required to have his or her own personal car available as authorized by the Department Head. ARTICLE 17 - SEVERANCE PAY 17.1 The Employer shall provide three (3) severance pay plans 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. 11490. This severance pay progam shall be subject to and govemed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this Article conflict with said ordinance and in such cases, the provisions of this Articie shail control. 17.2 Eligibility. Plan 1. Any Employee hired on or before December 31, 1984, may, upon meeting the qualifications of this Article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, Section 1, Section 6, draw severance pay under the terms of any of the three severance pians described in this article. Plan 2. Any Employee hired after December 31, 1984, but on or before December 31, 1989 is . eligible to participate only in Plan 2 or Plan 3 as set forth in this article. Pian 3. Any employee hired on ar after January 1, 1990, is eligible to participate onty in Plan 3 as set forth in this article. The election by the Employee to draw severance pay under one of the plans for which sJhe is eligible shall be made at the time of sepazation of service. Such election shall be irrevocable and the election of one of the plans shall baz the employee from eligibility to receive benefits under any of the other severance plans. 173 Plan 1. Plan 1 is the severance pay pian described in Ordinance No. 11490, as amended by Ordinance No. 16303. 17.4 Plan 2. In addition to the eligibility requirements set forth in 17.2 above, an employee must meet the following requirements to receive a benefit under Plan 2: 17.4.1 The Employee must be 58 yeazs of age or older or must be eligible for pension under the "rule of 85" or "rule of 90" provisions of the Public Employees Retirement Association (PERA). C� 17 ARTICLE 17 - SEVERANCE PAY (Continued) 17.4.2 The Employee must be voluniarily sepazated from City employment or have been subject to � separation by layoff or compulsory retirement. Those Employees who aze dischazged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze 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 his or her death, payment of the severance pay may 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 not considered a sepazation of employment, and such transferee shall not be eligible for the City severance program. 17.43 The Employee must have at ieasi ten (10} yeazs of service under the classified or unclassified Civil Service at the time of sepazation. 17.4.4 The Employee must file a waiver of re-employment with the Director of Hutnan Resources, which will cleazly indicate that by requesting severance pay, the Employee waives all ciaims to reinstatement or re-employment (of any type), with the City or with Independent School District No. 625. 17.4.5 The Employee must have accumulated a m;n;mum of siacty (60) days of sick leave credits at the time of his/her separation from service. 17.4.6 If an Employee requests severance pay, and if the Employee meets the eligibility • requirements set forth above, he or she wiil be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the Employee on the daxe of separation for each day of accrued sick leave subject to a maximum of $6,500. 17.5 Plan 3 In addition to the eligibility requirements set forth in 2 7.2 above, an Employee must meet the following requirements to receive a benefit under Plan 3: 17.5.1 The Employee must be voluntarily separated from City employment or have been subject to sepazation by layoff or compulsory retire ment. Those Employees who aze dischazged for cause, misconauct, meinciency, mcompezency or any omer aiscipunazy reason are nu� eligible for the City severance pay program. For the purpose of this severance program, a death of an Employee shall be considered as separation of employment, and if the Employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay shall 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 not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 17.5.2 The Employee must file a waiver of re-employment with the Human Resource 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 or with IndependenY School District No. 625. • � ARTICLE 17 - SEVERANCE PAY (Continued) �� y �''� 17.53 The Employee must have an accumulated balance of at least eighty (80) days of sick leave � credits at the tune of his sepazation from service. � 17.�.4 If an Empioyee requests severance pay and if the Employee meets the eligibility 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 held by the Employee on the date of separation for each day of accrued sick leave subject to a masimum as shown below based on the number of years of service in the City. Years of Service with the City At Least 20 21 22 23 24 25 Maximum Severance Pay 5,000 6,000 7,000 8,000 9,000 10,000 ARTICLE 18 - WORKING OUT OF CLASSIFICATION 18.1 Any Employee working an out-of-ciass assignment for a period in excess of fifteen (15) working � days during any fiscal yeaz (of the Empioyer) shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth day of such assignment. For purposes of this article, an out-of-class assignment is defined as the full-time performance of all of the significant duties and responsibilities of a classification by an individual in another classification. For the purpose of this article, the rate of pay for an out-of-class assignment shall be the same rate the Employee would receive if he was promoted to the higher classification. ARTICLE 19 - SICK LEAVE AND PARENTAL LEAVE 19.1 Sick leave shall be eamed and granted in accordance with the Civil Service Rules. 19.2 In the case of a serious illness or disability of an Employee's chiid, parent, or household member, the head of the department shall grant leave with pay in order for the Empioyee to caze for or make arrangements for the caze of such sick or disabled persons. Such paid leave shall be drawn from the Employee's accumulated sick leave credits. Use of such sick leave shall be limited to 40 hours per incident. 193 Any Employee who has accumulated sick leave credits, as provided in the Civil Service Rules, may be granted one day of sick leave to attend the funeral of the Employee's grandpazent or grandchiid. . 19 ARTICLE 19 - SICK LEAVE AND PARENTAL LEAVE (Continued) 19.4 If an Employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he/she may convert any part of such excess to vacation at the rate of one-half day's vacation for each . day of sick leave credit. No Employee may convert more than ten (10) days of sick leave in each calendar yeaz under ihis provision. 19.5 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 disabled 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 af her position. A twelve (12) month Pazental leave of absence witttout pay shall be granted to a natural pazent or an adoptive pazent, who requests such leave in conjunction with the birth or adopfion of a child. Such leave may be extended an additional twelve (12) months by mutual Agreement between the Employee 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 Article 6 of this Agreement. Employees who retum following such leaves of absence shall be placed in a position of equivalent salary and tenure as the one held just prior to the beginning of their leave. 19.6 Leave for School Conferences: An Employee shall be granted up to a total of sixteen (16) hours during a school year to attend conferences or classroom activities related to the Employee's child, � provided the conference or classroom activities cannot be scheduled during non-work hours. VJhen the leave cannot be scheduled during non-work hours, and the need for Yhe leave is foreseeable, the Employee must provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to unduly disrupt the operations of the Employer. An Employee shali be allowed to use vacation or compensatory time for this leave; othenvise, this leave shall be without pay. 19.7 Voluntary Unpaid Leave of Absence: Effective upon the date of the signing of this Agreement, a full-time Employee may be granted a voluntary leave of absence without pay for up to 480 hours per fiscal year. During such leave of absence, the Employee shall continue to eam and to accrue vacation and sick leave, semonty cre ts, an s mam msurance e igi i i� o � was on the payroll. Any leave of absence grauted under ttris provision is subject to the approvaI of the Department Head. 19.8 Jury Duty Any employee who is required during his/her regular working hours to appeaz in court as a juror or witness, except as a witness in the employee's own behalf against the Employer, shatl be paid his/her regulaz pay while so engaged. Any fees that the employee may receive from the court for such service shall be paid to the City and be deposited with the Employer. Any employee who is scheduled to work a shift, other than the normal daytime shift, shall be rescheduled to work the normal daycime shift during such time as helshe is required to appeaz in court as a juror or wimess. C_� 20 ARTICLE 20 - NO STRIKE, NO LOCKOUT a[-C��i 20.1 The Association and the Employer agree that there shall be no strikes, work stoppages, slow downs, • sit-down, stay in, or other considered interference with the Employers' business or afFairs by the Association and/or the members tfiereof, and there shall be no bannering during the existence of this Agreement without first using all possible means of peaceful settlement of any controversy that may arise. ARTICLE 21 - RIGHT TO SUBCONTRACT 21.1 The Employer may at anytime during the duration of this Agreement contract out work done by the Employees covered by this Agreement. In the event that such contracting would result in reduction of the work force covered by this Agreement, the Employer shall give the Association a ninety (90) calendar day notice of the intention co subcontract. ARTICLE 22 - DEFERRED COMPENSATION 22.1 Employees who have completed ten (10) years of service shall have $400.00 for Deferred Compensation paid by the Employer on a dollar for dollaz match. 22.2 Employees who have completed twenty (20) yeazs of service shall have $600.00 for Deferred Compensation paid by the Employer on a dollaz for dollaz match. �3 For 2001, the Employer will match contributions by the first paycheck closest to October i of the plan yeaz, and also at the end of the fiscal yeaz. For 2002, the Employer will match conuibutions by the first paycheck closest to October 1 of the pian yeaz. • 21 ARTICLE 23 - WAGE SCHEDULE GRADE OlU 481 DISPATCFIER 12/30/00 12/29/O1 GRADE 02U 12/30/00 12/29/O1 A (1) 22.17 22.84 A (1} 22.32 22.99 i GRADE 04U 137 CUSTODZAN ENGR (PUS SFTY $LDG) 12/30/00 12/29/O1 A (1) 22.36 23.03 B (2) 23.19 23.69 GRADE 06U 123A CUSTODIAL SUPV--CIVIC CENTER 12/30/00 12/29/O1 A (1) 20.59 21.21 GRADE OSU 212A NIGHT CUSTODIAL SUPV--CC 12/30/00 12/29/O1 A (1) 17.34 17.86 � �J C J 22 ARTICLE 23 - WAGE SCHEDULE (Continued) � 12/30/00 12/29/O1 A (1) 1569.08 1616.15 GRP.DE 030 B (2) 1611.35 1659.69 GRADE 033 304A MARINA SERVICES SUPERVISOR 12/30/00 12/29/Ol A (1) 1714.61 1766.05 B (2) 1762.60 1815.48 GRADE 034 12/30/00 12/29/O1 � A (1) 1754.67 1807.31 B (2) 1803.98 1856.10 GRADE 035 336A SENIOR ZOO KEEPER 12/30/00 iz/29Joi A (1) 1783.25 1836.75 B (2) 1831.26 iaas.zo �, LJ e�-�� j ARTICLE 23 - WAGE SCHEDULE (Continued) GRADE 036 597A FORESTRY SUPERVISOR 2 208 GOLF WURSE SUPERINTENDENT 591A PARK MAINTENANCE SUPERVISOR I 366 PUBLIC WORKS SIIPERVISOR I 416 SEWER SUPERVISOR I 172A TRAEFIC MAINTENANCE SUPV 2 525A WATER MAINTENANCE SUPERVISOR 528 WATER SERVICE SUPERVISOR 532 WATERSHED SUPERVISOR I 536 ZOO SUPERVISOR 12/30/00 12/29/O1 A (1) 1860.39 1916.20 B (2) 1910.86 1968.19 GRFIDE 037 A B (1) (2) 12/30/00 1867.30 1917.85 12/29/O1 1923.32 1975.39 GRADE 038 • _ I 268A BRZDGE MAINT SUPERVISOR I 230A METER OPERATIONS SUPERVISOR 369 PUBLIC WORKS SUPERVISOR II 809 SEWER SUPERVISOR II 560 SUPV OF GAF2BAGE COLLECTION 964 VEAICLE MECHANIC SUPERVISOR 2 194 WATEIt UTILITY MAINS SUPEAVISOR 542 WATERSHED SUPERVISOR II 354 ANI '- 12/30/00 12/29/O1 A B (1) (2) 1963.69 2020.06 2022.60 2080.66 GRADE 039 173 EQIIIPMENT MAINT SIIPERVISOR A E (1) (2) 12/30/00 2013.96 2070.32 12/29/O1 2074.38 2132.43 � 24 ARTICLE 23 - WAGE SCHEDULE (Continued) c�E o40 . 103 FORESTRY SUPERVISOR II 592A PARK MAINTENANCE STSPERVISOR II 620 TRAFFIC MAINTENANCE SUPV II 394A VEHICLE MECHANIC SUPERVISOR II 557A WATER PLANI' PRODUCTION SUPV A B (1) (2) 12/30/00 2078.84 2142.23 12/29f01 2141.21 22�6.50 GRADE 041 269A BRIDGE MAINT SUPERVZSOR II 233A BUILD MAINT SUPV-LIBRARIES 622 PUBLZC WORKS SUPERVISOR III 623 SEWER SUPERVISOR III A B (1) (2) 12(30/00 2142.23 2203.33 12/29/Ol 2206.50 2269.43 � GRADE 043 0'79 BUILD MAINT SUPV--FIRE DEPT A B (1) (2) 12/30/00 2263.21 2328.94 12/29/Ol 2331.11 2396.81 A B (1) (2) 12/30/00 2332.51 2401.79 12/29/O1 2402.49 2473.84 A B (1) (2) 30/00 2402.95 2474.61 /29/O1 2475.04 2548.85 GFtADE 044 624 PUBLZC WORKS FIELD SUPERVISOR GRADE 045 680 BUILD MAINT SUPV--PARKS & REC �[-�o�bl 25 ARTICLE 24 - TERMS OF AGREEMENT v�-t�� .1 This Agreement shall be effective as of January 1, 2001, and shall continue in effect through December 31, 2002. This Agreement shall remain in effect and full force until modified or amended by mutual agreement of the parties. 24.2 It is understood that this settlement shall be recommended by the Director of Labor Relations, but is subject to approval by the City Councii. 243 The Employer and the Association aclmowledged that during the meeting and negotiating which resulted in flus Agreement, each had the right and opportuniry to make proposals with respect to any subject concerning the terxns and conditions of employment. The Agreements and understandings reached by the parties after the exercise of this right aze fully and completely set forth in this Agreement. Any and all prior Agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this Agreement are hereby superseded. 24.4 The 2001 salary schedule shall be retroactive to 1/1/Ol [closest paq period 12/30/00] for all employees including employees who retired after that date, but exciuding employees who resigned or were terminated for cause. CITY OF SAINT PAUL a egany Labor Relafions Director � d Date • THE SAINT PAUL MA1V[ JAL AND MAINTENANCE SUPERVISORS ASSOCIATION �O—r�. Tt.,�ti� Dan Palumbo President /� �� /n/ Dat�� 26 o��C�� MEMORANDUM OF IINDERSTANDING BETWEEN THE CITY OF SAINT PAUL 8s THE SAINT PAUL MANUAL 8s MAINTENANCE SUPERVISORS ASSOCIATION The City of Saint Paui and the Saint Paul Manual & Maintenance Supervisors Association agree to the following: ARTICLE 19.1 Worlflng out of Classification, states; Any Employee wor�cing an out-of-c/ass assignmenf for a period in excess of fiffeen (15) working days during any frsca/ year (of the Employer) shaU receive the rate of pay for the out-of-class assignment in a higher classification nof later than the sixteenth day of such assignment. � � The language states that an employee holding an out-of-classification position in excess of fifteen (15) working days will receive the rate of pay for the out-of-class�cation position. It is understood, that individual Departments have established different practices regarding where in the fifteen days the out-of-class�cation pay begins. The L)epartments will continue to exercise their individual discretion regarding the day to initiate the out-of-classification rate of pay, as long as it begins on, or before, the sixteenth (16) day. WITNESSES: FOR THE CITY �r- (L e__._�, ) `_,� Joe Reid Budget D'uector DATE: � ^ z � � SAINT PAUL 1KANUAL 8s MAINTENANCE SUPERVISORS ASSOCIATIO � MHce Miller President DATE: � � // f��l 61�� OFFICE OF LABOR RELAIIONS Xatherine L MegaJry, Directar CTTY OF SAINT PAUL LABOR RFLATTONS 400 Ciry H¢Il Annes 25 Wut Faurth Streei SaintPaul, Mirmesota 55 7 02-1 631 Telephone: 657- 266-6496 Facsimile: 657- 266-6495 Nmm Coleman, Mayor Mr. Dan Palumbo President, SPMMSA PO Box 17275 St. Paul, MN 55117 Mr. Ron Rollins Legal Counsel, SPMMSA 310 Groveland Ave. So. Mpis., MN 55410 Dear Dan and Ron: June 15, 2001 .s letter confirms our understanding made at the 2001-2002 round of bargaining regarding On Call Pay. Article 11.7 of the collective bargaining agreement between the City and the SPMMSA makes it ciear that employees may decline to carry city cell phones, pagers or beepers during non-working hours. The contract also indicates that, should the City begin directing employees to carry cell phones, pagers or beepers during non-working hours, the City and the SPMMSA must establish a premium for such duty. It is the City's understanding that, currently, there aze no SPMMSA employees being required to carry phones/pagers/beepers during non-working hours. As such, no premiums have been negotiated. There are a number of employees who voluntazily carry phones(pagersPoeepers during non-working hours, and(or answer their own home telephone as they are able. When such employees are actuaily called back to work, they aze compensated according to the Call Back provisions of the contract. While management retains the right to discuss issues of availability with an individual employee, it is understood that non-exempt staff who do not voluntarily answer the phone should not be disciplined in any way for that decision. Sincerely, �� Katherme L. Me arry �� g � Labor Relations Director �egotiations file 28 fi��`'.'.. }, +�� ._� �;. . . J 3 s 'v RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented � Referred To Council File # 01- C.p1 Green Sheet # 106844 Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the aitached 0 January l, 2001 through December 31, 2002 Labor Agreement between the City of Saint Paul and The Saint Paul Manual & Maintenance Supervisois Associa6on. Requested by Department of: Office of Labor Relations By: Form Approve Ci ttomey By: Approved py I�ayor foa Submission to Councfl BY� � \ _ 3— � V-! : �,-��' � �J vG� 18 z� Approved by Mayor: Date � By: Adopted by CouncIl: Date 2 a o a Adoption Certified by Council Secretary � DEPARTMENT/OPFICE/COUNCII.: DATE INITfAT'$D GREEN SHEET No.• 106844 O' _C LABOR RELATIONS June 18, 2001 ' f ; CONTACI' PERSON & PHONE: p Ate uciTTnunA7E Yx JLTLIE KRAUS 266-6513 p$$IGN 1 DEPARTMENT D �� 4 C1TY COUNCII, ' NID1yIgER 2 CITy ATTORNEY CITY CL FRK MUSl' BE ON COONCII, AGENDA BY (DA'TE) FOR BUDGEI' DIIL FIN. & MGT. SERV[CE DII2. ROUTING 3 MAYOR (OR ASST.) �j � � � o,�� TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCAITONS FOR SIGNATORE) r — ncriox �zeQaESrEn_ This resotution appmves the attached January 1, 2001— December 31, 2002 Labor Agreement between the City of Saint Paul and The Saint Paul Manual & Maintenance Supervisors Association. RECObII�SENDATIONS: Approve (A) or Rejec[ (R) PERSONAI, SERVICE CONTRACfS MI7ST ANSWER THE FOLLOWIlVG QUESTIONS: _PLANNING COMIvIISSION _CIVR. SERVICE COMbIISSION 1. Has this person/fum ever worked under a contract for this department? - _CIB COMIvIITTEE Yes No , _STAFF 2. Has this person/fvm ever been a city employee? _DISIRICT COURT Yes No � SUPPORTS WE�IICH COLiNCIL OBJECTIVE? 3. Does this person/fum possess a sldll not notmally possessed by any cunent city employee? Yes No Eaplain all yes answers on separate s6eet and attach to green sheet „y r a . �� u, . � INTTIAIING PROBLEM, ISSiIE, OPPORTUNITY (Who, What, When, Where, Why): Current agreement expired December 31, 2000. ""?� �� .�.. .u.� -- - ,;�. .. _, :.._ , _ __. ,_ ,...., . ADVANTAGESIFAppROVED: '�� "" �� An ageement in place through December 31, 2002. This agreement has been ratified by the union members. � DISADVANTAGESIFAPPROVED: None DISADVANTAGES IF NOT APPROVED: No agreement in place - labor unrest. � TOTAL AMOIJNI' OF 1'RANSACTION: $ COST/REVENIJE BUDGETED: FUNDING SOURCE: ACiTVITY NUMBER: _- FINANCIAL INFORMATION: (EXPLAIN) 2�.li • • � . �,. ,�p :�,.��.. �- - . _ _ �- �t .a..�.......�,,.. 9 _ .. n .... .... _...� ATTAC�IMENT TO T'F� GREEN SHEET ST. PAUL MANLJAL & MAINTENANCE SUPERVISORS ASSOCIATION 6 �' `�� Below is a snwmary of the changes in the Collective Bargaining Agreement between the City and the St. Paul Manual & Maintenance Supervisors Association. Duration: January 1, 2001 through December 31, 2002. Wages: 2001: 2.625%* 2002: 3.0% Health Insurance: The insurance contriburion increases follow the same pattern as previously negotiated agreements with other bargaiuing units and/or as found in the mediator's proposal with regazd to Single insurance in 2002. (monthly rates) 2001 Single: $211.62 + first $40 of any increase (which was $18.22) = 229.84 Family: $391.67 plus $17.85* plus the increase in single insurance up to $40.00 (which was $18.22) = 427.74 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 year Single: $229.84 + fu11 amount of 2002 premium increase 2002 - all year Family: The 2001 family contribution plus 60% of the family premium increase for 2002 up to $60.00. If the increase exceeds $100 the City will pay 40% of the excess increase. * The Union reduced the across-the-boazd wage increase in the yeaz 2001, by 0.125% in order to receive an extra $17.85/month on family, prior to the pattern language. Agreed to decrease the yeazs of service required for employees receiving a disability pension. Employees will no longer be chazged for participating in the Flexible Spending Account. Deferred Compensation: Process for deferred compensation match was adjusted. Twice a yeaz match (Oct 1 pay period and end of fiscal year) will continue for 2001. Beginning 2002, match will only occur on pay period closest to October 1. Existing eligibility requirements, consistent with all other bazgaiuiug units, were confirmed via a letter to the Union. Milea�e: Agreed to move to IRS rate for mileage reimbursement and drop per diem system, effective 2002. Attachment to the Crreen Sheet St. Paul Manual & Maintenance Supervisors Association. Page 2 ai-cr► Out of Title• Notice given and acknowledged by Union that all Departments will follow the contract language on out of title, effective with Council approval of the contract, although nnpact of this change may not be noticeable until beg'v�niug of calendar year 2002. Holidavs• Agreed to a change in the process for holiday eligibility determination. This change will make the adininistration of holidays easier for Payroll staff. Grievances: Grievances relating to violations of the terms and conditions of the contract to be grieved only tl�rough the contract process. Grievances about issues which aze not terms and conditions of the contract to be initiated in only one forum or the other (i.e., either contractual grievance or civil service grievance, not both). Also reduced the numbet of days for grievance processing to be consistent with other units. Retroactivitv: Agreed that the 2001 salary schedule sha11 be retroactive to 1/1/O1 [closest pay period] for all employees, including any employees who rerired after that date, but exciuding employees who resigned or were ternunated. Other languase chan e�s�. Other language changes (inclusion of MOU on Golf uniforms, moving of holiday language, and rewrites of the safety shoe, life insurance, and severance pay language) are of a housekeeping nature for clarification and clean up. Costs: 2001 2002 Wages $104,800 $ 119,600 Health Insurance $ 13,774 $ actuals unknown at this tune Addl Family insurance 7 925 �_ Total: $ $126,500 $ 119,600 + inswance costs :� ... _ �- ol -CYt , Zaoi - 2ooi � � � . : � � " �� _ =L�B(3R AGR�EII�NT . - . _ � � _� . ��, � � _ �� _� �� °; BETVVE��T_;,�-' - �-� �� _ -. � _ -. _ _ �� I�E�G`ITY, OF SA�NT=PAIIL � �` � - AND ., ; - � THE �A.INT T'�UL' MANI7AL & MAIl�T'�'ENANCE ; } S�7PE�2V�SORS AS�OGIAT�ON ,' _ , .._ _ � �._ - = - _ _ - ,=1 _ , .�' . � , � � _ _ _ -:�_ .. � � _:: :, , ,._ _ _ : - _ _ _- . . .. � .t � , , 6 l -(o�l INDEX �TICLE TITLE PAGE 1 Purpose of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Recognition .............................•---�--..............------....1 3 Maintenance of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 EmployerSecurity .......................................................2 5 Employer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Association Security .....................................................3 7 Employee Rights-Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Savings Clause ..........................................................7 9 Seniority ...............................................................7 10 Discipline ..............................................................9 11 Overtime and Premiums ..................................................9 12 Uniforms .............................................................10 13 Vacation ..............................................................11 14 Holidays ..............................................................11 15 Insurance .............................................................12 16 City Mileage ...........................................................16 � Severance Pay .........................................................17 Working Out of Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 19 Sick Leaveand PazentalLeave ............................................19 20 No Strike,No Lockout ...................................................21 21 Rightto Subcontract ....................................................21 22 Deferred Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 23 Wage Schedule .........................................................22 24 Termsof Agreement ....................................................26 Memorandum of Understanding (WOOC) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 On -Ca1lLetter ....................... ...................................28 i ARTICLE 1- PURPOSE OF AGREEMENT 6 � � � l.l This Agreement is entered into between the City of Saint Paul, hereinafter called the Employer, and • the St. Paul Manual and Maintenance Supervisors Association, hereinafter called the Association. Place in written form the parties' Agreement upon terms and condirions of employment for the duration of this Agreement. ARTICLE 2 - RECOGNITION 2.1 The Employer recognizes the Association as the exclusive representative, under the Public Employment Labor Relations Act of 1984, as amended, for all personnel in the following classifications: All manual maintenance supervisors who are employed far more that fourteen(14) hours per week and more than sixty-seven (67) works days per yeaz by the City of Saint Paul, excluding all other Employees. Titles included: Animal Control Supervisor Bridge Maintenance Supervisor I Bridge Maintenance Supervisor II Buiiding Maintenance Supervisor - Fire Department Building Maintenance Supervisor - Libraries Building Maintenance Supervisor - Pazks & Recreation � ustodial Supervisor - Civic Center ustodian Engineer (Public Safety Building) Dispatcher Equipment Maintenance Supervisor Forestry Supervisor I Forestry Supervisor II Golf Course Superintendent Marina Services Supervisor Meter Operations Supervisor Night Custodial Supervisor - Civic Center Pazk Maintenance Supervisor I Pazk Maintenance Supervisor II Public Works Field Supervisor Public Works Supervisor I Public Works Supervisor II Public Works Supervisor III Senior Zoo Keeper Sewer Supervisor I Sewer Supervisor II Sewer Supervisor III Supervisor of Garbage Collection Traffic Maintenance Supervisor I Tr�c Maintenance Supervisor II Vehicle Mechanic Supervisor I Vehicle Mechanic Supervisor II Water Maintenance Supervisor Water Plant Production Supervisor Water Service Supervisor Watershed Supervisor I Watershed Supervisor II Water Utility Mains Supervisor Zoo Supervisor 2.2 In the event the Employer and the Association aze unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. It is understood that this provision shail refer to the Bureau of Mediation Services only such issues as by law are under its jurisdiction. • 1 ARTICLE 2 - RECOGNITION (Continued) 23 The Employer shali not enter into any Agreements covering terms and conditions of employment • with the Employees of the bargaining unit under the jurisdiction of this Agreement, either individually or collectively which in any way conflicts with the terms and conditions of this Agreement, except through the certified representative. 2.4 Neither the Association nor the Employer shall discriminate against any Employee because of Association membership or non-membership, or because of his/her race, color, sex, religion, national origin, or politicai opinion or affiliations. 2S All existing Civil Service Rules shall apply except those superseded by this Agreement. ARTICLE 3- MAINTENANCE OF STANDARDS 3.1 The City agrees that all 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 and Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement aze made elsewhere in this Agreement. ARTICLE 4 - EMPLOYER SECURITY 4.1 The Association agrees that during the life of this Agreement it will not cause, encourage, participate � in or support any strike, slow-down or other interruption of or interference with the normal functions of the Empioyer. ARTICLE 5 - EMPLOYER AUTHORITY 5.1 The Employer retains the sole right to operate and manage ail manpower, facilities and equipment in accordance with applicable laws and regulations of appropriate authoriries. shail remain solely within the discretion of the Employer to modify, establish, or eliminate. 5.3 The exercise by the Employer of, or its waiver of, or its failure to exercise its full right of management or decision on any matter or occasion, shall not be a precedent or be binding on the Employer, nor the subject or basis of any grievance not admissible in any azbitration proceeding. 2 • ARTICLE 5 - EMPLOYER AUTHORITY (Continued) 6 (- G�l 5.4 A public Employer is not required to meet and negotiate on matters of inherent managerial policy � which include, but aze not lunited to, such azeas of discretion or policy as the functions and programs of the Employer, its overall budget, utilization of technology and organizational structure and selection and direction and number of personnel. ARTICLE 6 - ASSOCIATION SECURITY 6.1 The Employer shall deduct from the wages of the Employees who authorize such a deduction in writing an amount necessary to cover monthly Association dues. Such monies shall be remitted as directed by the Association. 6.2 The Association may designate Employees from the bazgaining unit to act as stewazds and altemates and shall inform the Employer in writing of such choices and of changes in the positions of stewazds and/or altemates. It is further understood that the number and locations of stewazds shall be limited and confined to numbers and locations as aze necessary and reasonable to administer the provisions of this Agreement. 6�c? � � 6.5 The Employer shail make space available on the Employee builetin boazd for the posting of Association notice(s) and announcements(s). The Association agrees to indemnify and hold the Employer hannless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a resuit of any action taken or not taken by the Employer under the provisions of this Article. The Employer agrees that on the Employer's premises and without loss of pay the Association stewazds shall be allowed to post official Association notices of the designated representatives, to transmit communications authorized by the Association or its officers under the terms of this contract, and to consult with the Employer, its representative, Association officers or the Association representative concerning the enforcement of any provisions of this Agreement, so long as such action does not interfere with regulaz Employee duties and is reasonable and necessary. 6.6 Stewazds are authorized to perform and discharge the duties and responsibilities which are assigned to them under the terms of this Agreement and any supplementary Agreements. The Employer agrees that there shall be no restraint, interference, coercion or discrimination against a stewazd because of the performance of such duties. � ARTICLE 6 - ASSOCIATION SECURITY (Continued) 6.7 Any present or future Employee who is not an Association member may be required to contribute a� fair shaze fee for services rendered by the Association. Upon notification by the Association, the Employer shall check off said fee from the earnings of the Employee and transmit the sazne to the Association. 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 grievance procedures. This provision shall remain operafive only so long as specifically provided by Minnesota law, and as otherwise legal. It is also understood that the Association agrees to indemnify and hold the Employer hannless against any and all claims, suits, orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this section. ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance - The procedure established by this Article shali be the sole and exclusive procedure for the processing of grievances which are defined as a dispute or disagreement as to the interpretation or appiication of the specific terms and conditions of this Agreement. It is understood by the Association and the Employer that if an issue is submitted and determined by this grievance procedure, that issue shall not again be submitted for arbitration under the provision of the Rules and Regulations of Civil Service. It is further understood that if an issue is submitted and determined by the grievance procedure under the Civil Service Rules and Regulations, it shall not again be submitted for arbitration under the procedures set forth in this Article. 7.2 Association Representatives - The Employer will recognize Representatives designated by the , Association as the grievance representatives of the bazgaining unit having the duties and responsibilities established by this Article. The Association shall notify the Employer in writing of the names of such Association representatives and of their successors when so designated as provided by 6.2 of this Agreement. 73 Processing of a Grievance - It is recognized and accepted by the Association and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shail iherefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and an Association Representative shall be allowed a reasonable amonnt of time without loss of pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Association Representafive have notified and received the approval of the designated supervisor who has detemuned that such absence is reasonable and would not be detrimental to the work programs of the Employer. 4 • ARTICLE 7- GRIEVANCE PROCEDURE (Continued) � �" � � 7.4 Procedure - Grievances, as defined by Section 7.1, shall be resolved in conformance with the • following procedure: Step I. An Employee claiming a violation conceming the interpretation or application of this Agreement shall, within twenty one (21) calendaz days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within seven (7) calendaz days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shail be placed in cvriting setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within seven (7) calendar days after the Employer-designated representative's final answer in Step 1. Step 2. If appealed, the written grievance shall be presented by the Association and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Association the Employer's Step 2 answer in writing within seven (7) calendaz days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within seven (7) calendar days following the Employer-designated representative's final Step 2 answer. Step 3. If appealed, the written grievance shall be presented by the Association and discussed � with the Labor Relations Director or his/her designee. The Employer-designated representative shall give the Association the Employer's answer in writing within seven (7) calendaz days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within seven (7) calendaz days foliowing the Employer-designated representative's fmal answer in Step 3. Optional Mediation Step If the grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendaz days, request mediation. If both parties agree that the grievance is suitable for mediation, the parties shali submit a joint request to the Minnesota Bureau of Mediation Services for the assignment of a mediator. 2. Grievance mediation is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance azbitration. When grievance mediation is invoked, the contractual time lunit for moving the grievance to azbitration shall be delayed for the period of inediation. Either parry may at any time opt out of inediation at which time, the Union may then proceed to azbitration. � U ARTICLE 7 - GRIEVANCE PROCEDURE (Continued) The grievance mediation process shall be informal. Rules of evidence shall not apply, � and no record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and azgument to support their case. The mediator may meet with the parties in joint session or in sepazate caucuses. 4. At the request of both parties, the mediator may issue an oral recommendation for settlement. 5. Unless The parties agree otherwise, the outcome shall noY be precedential. 6. If the grievance is not resolved and is subsequently moved to arbitration, such proceeding shall be de novo, in that, nothing said or done by the parties or the mediator during grievance mediation with respect to their positions conceming resolution or offers of settlement may be used or referred to during arbitration. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Association shall be submitted to arbitration subject to the provisions of the Pubiic Employment Labor Relations Act of 1971 as amended. The selection of an azbitrator shall be made in accordance with the "Rules Governing the Arbitration of Crrievances" as established by the Bureau of Mediation Services. 7.5 Arbitrator's Authority - A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The azbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Association, and shali have no � authority to make a decision on any other issue not so submitted. B. The azbitrator shall be without power to make decisions contrary 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 hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Association and shall be based solely on the azbitrator's interpretation or application of the express terms of this Agreement and to the facts of ihe grievance presented. C. The fees and expenses for the azbitrator's services and proceedings shall be borne equally by the Employer and the Association provided that each pariy 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. If both parties desire a verbatim record of the proceedings the cost shall be shazed equally. � F� ARTICLE 7- GRIEVANCE PROCEDURE (Continued) 0 �-�`� i 7.6 Waiver of grievances/ missed timelines. If a grievance is: (1) not presented within twenty one (21) � calendar days of its occurrence by the employee as described in Step 1; or (2) arbitration has not . been requested by the Association within 60 calendar days of the Association's filing of its written grievance in Step 2, it shall be considered "waived". If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Association may elect to treat the grievance as denied at the step and immediately appea] the grievance to the next step. The tune lunit in each step may be ea�tended by mutual written agreement of the Employer and the Association in each step. ARTICLE 8 - SAVINGS CLAUSE 8.1 This Agreement is subject to the laws of the United States, the State of Minnesota. In the event any provision of this Agreement shall be held 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 provisions shall be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. All other provisions of this Agreement shall continue in full force and effect. ARTICLE 9 - SENIORITY � Seniority, for the purpose of this Agreement, shall be defined as follows: A. "City Seniority" - The length of continuous, regulaz and probationary service with the Employer ftom the last date of employment in any and all class titles. B. "Class Seniority" - The length of continuous, regulaz and probationary service with the Employer from the date an Employee was first certified and appointed to a class titie covered by this Agreement, it being further understood that class seniority is confined to the current class assignment held by an Employee. 9.2 SenioriTy shall terminate when an Employee retires, resigns, or is dischazged. 93 Seniority shail not accumulate during an unpaid leave of absence, except when such leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an Employee to accept an appoinhnent to the unclassified service of the Employer; or is granted to take an elected or appointed full-time position with the Association. • ARTICLE 9 - SENIORITY (Confinued) 9.4 In the event it is determined by the Employer 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 in inverse order of layoff, except that recall rights shall expire af[er two yeazs of layof£ In cases where there aze promorional series, such as Supervisor I, Supervisor II, Supervisor III, etc., when the number of Employees in these higher titles is to be reduced, Employees who have held lower titles which aze in this bargaining unit will be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs aze made by any class title in any department. It is further understood that a laid off Employee shall have the right to placement in any lower-paid class title, provided said Employee has been previously 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 Senioriry" based on the date originally certified artd appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, retum to original class as provided in paragraph (A) above. 9.5 To the extent possible, vacation periods shall be assigned on the basis of "City Seniority," within each class, by division. It is however, understood that vacation assignments shall be subject to the ability of the Empioyer to maintain operations. 9.6 Promotions shall be handled in accordance with current Civil Service Rules and practices. 9.7 The Employer shall post a seniority list at least once every six (6) months. � 9.8 Notwithstanding anything in this Agreement to the contrary, no employee in a position outside this bargaining unit may bump into a position in this unit, except as described here: 9.81 an employee outside the unit may return to a vacancy in this unit if selected following prescribed procedures; 9.8.2 an employee outside the unit may hump the most junior employee in a position previously held by the returning empl�ee if a bumping zight has been provided under the Tri Council agreement to members of this unit. and if provided, the rights of employees attempting to bump back into this unit shall be the same in every respect but shail not exceed those rights given to members of ihis unit by tiie Tri Council contract. i ARTICLE 10 - DISCIPLINE 10.1 The Employer will discipline Employees for just cause only. . a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e} Discharge. ac-c��t Discipline will be in the form of: 10.2 Suspensions, reductions and dischazges will be in written form. 103 Employees and the Association will receive copies of written reprimands and notices of suspension and dischazge. 10.4 Employees may examine all information in their Employer personnel files that concerns work evaluation, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the Employer. No documents conceming work evaluation or discipline of an Empioyee wili be placed in the Employee's personnel file unless it contains the signature of the Employee acknowledging the Employee's receipt of the document prior to placing it in the file. I 0.5 � Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the Employee and/or Association may request, and shall be entitled to a meeting with the Employer representative who initiated the suspension with intent to dischazge. During said five (5) day period, the Employer may affirm the suspension and dischazge in accordance with Civil Service Rules or may modify, or withdraw same. 10.6 An Employee to be questioned concerning an investigation of disciplinary action shall have the right to request that a Association representative be present. ARTICLE 11 - OVERTIME AND PREMIUMS 11.1 Employees (with the exception of those covered in Section 11.2 hereofl shall be paid one and one-half (1.5) times the regulaz rate of pay for work performed in excess of the regulaz work day and/or the forty (40) hour work week. 11.2 Employees in classifications in salary grade 42 or above shall be paid straight time for work performed in excess of the regular work day and/or forry (40) hour work week. 11.3 An Employee who is called back to work following the completion of his(her regulaz work day shall be guaranteed four (4) hours pay at his/her regulaz straight time rate. 11.4 An Employee shall be compensated in either compensatory time off or overtime payment in cash. Employees may express a written preference for the method of overtime payment, cash or compensatory time. • ARTICLE 11- OVERTIME AND PREMIUMS (Continued) 11.5 A night differential of five percent (5%) shall be provided to Employees who work night shifts as � defined herein. A night shift will be considered to be a regulazly assigned shift beginning eazlier than 6 a.m., or ending later than 6 p.m., provided that at least five (5) hours of said shift aze worked between the hours of 6 p.m. and 6 a.m. It is further understood that in case of regularly assigned shifts beginning eazlier than 6 am. or ending later ttian 6 p.m. which involve �ess than five (5) hours of work, an Employee shall be eligible for the night differential only for the hours actuaily worked during night shift hours. 11.6 Employees may decline to carry city cell phones, pagers or beepers during non-working hours. In the event that the City d'uects an employee to cazry city cell phones, pagers or beepers to standby for non-working hours, the Employer and the Association shall establish a premium for snch duty. ARTTCLE 12 - LTNIFORMS 12.1 The City shall fumish a uniform or required equipment to any employee who is required by the City to weaz the uniform or utilize the equipment as condition of employment. After providing, at its expense, an initial uniform to employees required to wear a uniform, the City will reimburse these employees for necessary replacemenT parts of the uniform annually per calendar yeaz beginning the yeaz after the employee's initial issue of uniform. Employees must present receipts to be reimbursed. 12.2 The Employer agrees to pay $50.00 per yeaz for safety shoes purchased by an Employee who is a member of this unit. The Employer shall only contribute toward the cost of one pair of shoes per contract yeaz. This reimbursement shall be made only after investigation and approval by the � immediate supervisor of that Employee. This Employer contribution shall apply only to those Employees who aze required by the Employer to weaz protective shoes or boots. Employees may carryover up to a total of $160.00 per year for the purchase of shoes, i.e., the maximum reimbursement for any one yeaz conld be $210.00 ($160 carryover plus $50/yeaz). 123 The Employer shall provide each employee in the title of Golf Course Superintendent who is required to weaz a specified uniform with four (4) uniforms for full-time employees and rivo (2) uniforms for part-tim employees. The uniform will consist of either a shirt or sweatshirt selected by thP ��1�3�er F+LL�I4F�PPC t �ii req ' to wear the uniform wtule on duty and will be responsible for the care and upkeep of their uniforms. • 10 (51 �G`bl ARTICLE 13 - VACATION 13.1 In each calendar yeaz, each full-tune Employee shali be granted vacation according to the foliowing � schedule: Years of Service 0 thru 4th yeaz Sth yeaz thru 9th year lOth yeaz thru 15th year 16th yeaz thru 23rd yeaz 24th teaz and thereafter The above provisions of vacation shall be subject to Resolution No. 6446, Section I, Sub. H. 13.2 Employees who work less than full-tune shall be granted vacation on a pro rata basis. 133 The head of the deparhnent may pernvt an Empioyee to carry over into the following fiscal year up to one hundred twenty (120) hours ofvacation. The vacation cap of 120 hours shall be applied on the last work day of the calendaz yeaz. 13.4 13.5 For the purposes of this Article, yeazs of service shall be defined as the number of yeazs since the Employee's date of appointment. This shall not include yeazs of service prior to a resignation. Vacarion Granted 10 days 17 days 14 days 24 days 26 days �TICLE 14 - HOLIDAYS 14.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidavs: New Yeazs Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Two floating holidays Labor Day Veterans' Day Thanksgiving Day Day After Thanksgiving Christmas Day Eligible Employees 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 holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 14.2 The floating holidays set forth in Section 15.1 above may be taken at any time during the contract yeaz, subject to the approval of the Department Head of any Employee. � 1fl ARTICLE 14 - HOLIDAYS (Continued) 14.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee must be � employed as of the date of the holiday and have paid hours on the payroil for that pay period. The amount of holiday time eamed shall be based ugon the number of non-holiday hours paid during that pay period (see proration charts in Salary Plan and Rates of Compensation). For the purpose of this section, non-holiday hours paid includes hours actually worked, vacation time, compensatory time, paid leave and sick leave. It is further understood that neither temporary, emergency nor other Employees not heretofore eligible shall receive holiday pay. 14.4 Major holidays, for the purpose of this Section, shall include the following: New Yeaz's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day. Minor holidays, for the purpose of this Section, shall include the following: Martin Luther King Day, Presidents' Day, Veterans' Day, and the Day af[er Thanksgiving. An Employee working a major holiday as defined herein shall receive time and one-half (1.5) his/her regular rate of pay for all work performed on such holiday, and an Employee working a minor holiday as defined herein shall receive straight tune for such holiday work, it being understood that all payments for holiday work shalt be in addition io regulaz holiday pay. ARTICLE 15 - INSURANCE 15.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by the Employer shali be solely controlled by the contracts negotiated by the Employer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by the � benefit providers. However, Yhe Employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. 15.2 Effective for the January 1, 2001 insurance premiums, for each eligibie Employee covered by this Agreement who is employed full-time and who selects Employee insurance coverage, the Employer agrees to contribute $2 21.62 (amount of 2000 single premium] per month plas any increase in the 2001 single health insurance premium up to $40.00 per month. If the 2001 single health insurance premium increse is over forry ($40.00) dollazs, the Employer wili contribute 50% of the amount over ..fnrt� (�$44.4.Q) doliars- [For 2001 because the increase to the single premium is $18.22/month, the City continues to pay 100% of the single premium]. Effective for the January 1, 2001 insurance premiums, for each eligible full-time Employee who selects family health insurance coverage, the Employer will contribute $391.67 [amount of 2000 family premium] per month, plus $17.85 plus an amount equal to the 2001 single health insurance premium increase up to forty ($40.00) doilazs. If the 2001 single health insurance premium increase is over forty ($40.00) dollars, the Employer will contribute 50% of the amount over forty ($4Q.00). [For 2001, because the increase in the single premium is $18.22/month, the Employer's contribution to tlie "family preminm will be $427.74]. - � 12 ARTICLE 15 - INSURANCE (Continued) The parties agree to the following arrangement for 2002 single insurance premiums with the • explicit understanding that language agreed to for any time period during 2002 sets no precedent one way or another with regazd 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 standazd procedure for processing of the premiums until 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 l, 2002 - June 30 2002, for each eligible Employee covered by this Agreement who is employed full-time and who selects single Employee insurance coverage provided by the Empioyer, the Empioyer agrees to contribute the 2001 contribution plus an increase up to forty ($40.00) dollars per month. If the single health insurance premium increase for 2002 exceeds forty ($40.00) per month, the Employer will contribute 50% of the amount over foriy ($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 health insurance coverage provided by the Employer, the Employer agrees to contribute the 2001 contribution plus an increase up to the full costimonth of the 2002 premium. Effective for the January l, 2002 insurance premiums for each eligible fuil-time employee who selects family health insurance coverage, the Employer will contribute the 2001 contribution pius • 60% 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 yeaz the number of plans increases, the increase will be based on the average premium. 15.3 For each eligible Employee, the Employer agrees to contribute the cost of Life Insurance Coverage equal to the Employee's annual salary to the neazest full thousand dollazs. For the purpose of this section, the Employee's annual salary shall be based on the salary as of the beginning of each life insurance contract period (i.e., one time per yeaz). This contribution shall be paid to the City's Group Health and Welfare Plan. Retiree Insurance 15.4 Employees who retire must meet the foilowing conditions at the time of retirement in order to be eligible for the Employer contributions, listed in Sections 15.5 through 15.15 below, toward a health insurance plan offered by the Employer: 15.4(1) Be receiving benefits from a public Employee retirement act at the time of retirement, and 15.4(2) Have severed hislher relationship with the Ciry of Saint Paul for reasons other than misconduct, and CI 13 ARTICLE 15 - INSURANCE (Continued) 15.4{3) Have completed at least 20 yeazs service (or I S years if receiving a disability pension) � with the Ciry of St. Paut. Emptoyment with Schoot District #625 will not be counted toward the yeazs of service requirement for Employees hired after Ol/Ol/97 for purposes of retiree health eligibility. Early Retirees 15.5 This SecTion shall apply to full time Employees who: 15.5(1) Retire on or after January 1, 1996, and 15.5(2) Were appointed on or before December 31, 1995, and 15.5(3) Have not attained age 65 at retirement, and 15.5(4) Meet the terms set forth in Section 15.4 above, and 15.5(5) Select a health insurance pian 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 wili provide the same contribution as is provided for active Employees selecting single coverage under this Agreement. This amount, however, shall not exceed $350.00 per month. For Empioyees selecung family health insurance coverage, the Employer will contribute $350.00 per month towazd the premium for family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the reriree. In addition, the Employer will contribute the • cost for $S,OOO life insurance until the retiree attains the age of 65. When such eazly retiree attains age 65, the provisions of Section 15.7 shall apply. 15.6 This Section shall apply to full time Employees who: 15.6(1) Retire on or after January l, 1996, and 15.6(2) Were appointed on or after January 1, 1996, and 15.6 3 Have noz attained a e 65 at retiremen and 15.6(4) Meet the conditions set forth in Section 15.4 above, and 15.6(5) Select a health insurance plan offered by the Employer. Until such retirees reach siacty-five (65) yeazs of age, the Employer agrees to contribute a masimum of $300.00 per month towazd the cost of single or family health insurance coverage. Any unused portion shall not be paid to the retiree. In addition, the Employer will contribute the cost for $5,000 life insurance until the retiree attains the age of 65. When such eazly retiree attains age 65, the provisions of Section I5.8 shaIl apply. Upon such retiree reaching the age of sisty-five (65), such Employer wnh towazd such eazly retiree coverages shall terminate. The Employer will also contribute the cost for $5,000 of life insurance covernge for such early retiree until the eazly retiree reaches age sixty-five (65), at which • time the life insurance coverage shall terminate. 14 ARTICLE 15 - INSURANCE (Continued) Regular Retirees (Age 65 and over) ,.7 E��3 ►�_J This Section shall apply to full time Employees who: 15.7(1) Retire on or after January 1, 1996, and 15.7(2) Were appointed on or before January 1, 1996, and 15.7(3) Have attained age 65 at retirement, and 15.7(4) Meet the terms set forth in Section 15.4 above, and 15.7(5) Select a health insurance plan offered by the Employer. �I - �� The Employer agrees to contribute a maaiimum of $550.00 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 eazly retirees who retired under the provisions of Section 15.5 when such eazly retirees attain age 65. This Section shail apply to full time Employees who: 15.8(I) Retire on or after January l, 1996, and 15.8(2) Were appointed on or after January 1, 1996, and 15.8(3) Have attained age 65 at retirement, and 15.8(4) Meet the terms set forth in Sections 15.4 above, and 15.8(5) Select a health insurance plan offered by the Employer. The Employer agrees to contribute a m�imum of $300.00 per month towazds the cost of singie or family health insurance coverage offered to regulaz retirees and their dependents. Any unused portion shall not be paid to the retiree. This Section shall also apply to eazly retired under the provisions of Section 15.6 when such early retirees attain age 65. 15.9 If an employee does not meet the condition of Section 15.4(3), but does satisfy the conditions in 15A(I ) and (2), he/she may purchase single or family health insurance coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by the retiree. 15.10 A retiree may not carry his/her spouse as a dependent if such spouse is also a City retiree or City Employee and eligible for and is enrolled in the City's health insurance program. 15.11 Any cost of any premium for any City-offered Employee or family insurance coverage in excess of the dollaz amounts stated in this Article 15 shali be paid by the Employee. 15.12 The contributions indicated in this Article shall be paid to the Empioyer's Third Parry Administrator. • 15 ARTICLE 15 - INSURANCE (Continued) 15.13 The Employer will provide a system whereby the Employee's contribution towazd premiums for the . Employee selected heatth insurance coverages can be paid on a pre-fas basis. Employees covered by this Agreement will be eligible to participate in the Flexible Spending Account as offered by the Employer. The service fee chazged to participating Employees shall be paid by the Employer. 15.14 Empioyees covered by this Agreement shall be eligible to participate in the Dependent Caze Reimbursement Account offered by the Employer. The service fee charged to participating Employees shall be paid by the Employer. Survivor Insurance 15.15 The surviving spouse of an Employee carrying family coverage at the time of his/her death due to a job connected injury or iliness which was deternvned to have arisen out of and in the course of his(her employment under worker's compensation law shall 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 regulaz retiree, the dependents of the retiree shall have the option, within thirty (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the premium and Employer contribution accorded to the eligible deceased retiree. It is further understood that coverage shall cease in the event of: 15.15(1) Subsequent remarriage of the surviving spouse of the deceased Employee or retiree. � 15.15(2} The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. 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 - CITY MILEAGE 16.1 Automobile Reimbursement Authorized: Chapter 33 of the Saint Paul Administrative code shall be superceded for members of Uus bazgaining unit by this article. 16.2 Mefhod of Computation: To be eligible for such reimbursement, ail officers and Emptoyees must receive written authorization from the Department Head. When an employee is required to use his/her personal automobile to conduct authorized City bnsiness, the City shall �eimburse the emplayeeat-tha.then currentEederall.R.S. mileage_ . reimbursement rate on the most direct route. � I[� ARTICLE 16 - CTTY MILEAGE (Continued) (.�t-Ca�l 163 The City will provide pazking at the RiverCentre Parking Ramp for City Employees on the above_ � mentioned type of reunbursement plan who ate required to have their personal caz available for City business. Such pazking will be provided oniy for the days the Employee is required to have his or her own personal car available as authorized by the Department Head. ARTICLE 17 - SEVERANCE PAY 17.1 The Employer shall provide three (3) severance pay plans 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. 11490. This severance pay progam shall be subject to and govemed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this Article conflict with said ordinance and in such cases, the provisions of this Articie shail control. 17.2 Eligibility. Plan 1. Any Employee hired on or before December 31, 1984, may, upon meeting the qualifications of this Article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, Section 1, Section 6, draw severance pay under the terms of any of the three severance pians described in this article. Plan 2. Any Employee hired after December 31, 1984, but on or before December 31, 1989 is . eligible to participate only in Plan 2 or Plan 3 as set forth in this article. Pian 3. Any employee hired on ar after January 1, 1990, is eligible to participate onty in Plan 3 as set forth in this article. The election by the Employee to draw severance pay under one of the plans for which sJhe is eligible shall be made at the time of sepazation of service. Such election shall be irrevocable and the election of one of the plans shall baz the employee from eligibility to receive benefits under any of the other severance plans. 173 Plan 1. Plan 1 is the severance pay pian described in Ordinance No. 11490, as amended by Ordinance No. 16303. 17.4 Plan 2. In addition to the eligibility requirements set forth in 17.2 above, an employee must meet the following requirements to receive a benefit under Plan 2: 17.4.1 The Employee must be 58 yeazs of age or older or must be eligible for pension under the "rule of 85" or "rule of 90" provisions of the Public Employees Retirement Association (PERA). C� 17 ARTICLE 17 - SEVERANCE PAY (Continued) 17.4.2 The Employee must be voluniarily sepazated from City employment or have been subject to � separation by layoff or compulsory retirement. Those Employees who aze dischazged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze 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 his or her death, payment of the severance pay may 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 not considered a sepazation of employment, and such transferee shall not be eligible for the City severance program. 17.43 The Employee must have at ieasi ten (10} yeazs of service under the classified or unclassified Civil Service at the time of sepazation. 17.4.4 The Employee must file a waiver of re-employment with the Director of Hutnan Resources, which will cleazly indicate that by requesting severance pay, the Employee waives all ciaims to reinstatement or re-employment (of any type), with the City or with Independent School District No. 625. 17.4.5 The Employee must have accumulated a m;n;mum of siacty (60) days of sick leave credits at the time of his/her separation from service. 17.4.6 If an Employee requests severance pay, and if the Employee meets the eligibility • requirements set forth above, he or she wiil be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the Employee on the daxe of separation for each day of accrued sick leave subject to a maximum of $6,500. 17.5 Plan 3 In addition to the eligibility requirements set forth in 2 7.2 above, an Employee must meet the following requirements to receive a benefit under Plan 3: 17.5.1 The Employee must be voluntarily separated from City employment or have been subject to sepazation by layoff or compulsory retire ment. Those Employees who aze dischazged for cause, misconauct, meinciency, mcompezency or any omer aiscipunazy reason are nu� eligible for the City severance pay program. For the purpose of this severance program, a death of an Employee shall be considered as separation of employment, and if the Employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay shall 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 not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 17.5.2 The Employee must file a waiver of re-employment with the Human Resource 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 or with IndependenY School District No. 625. • � ARTICLE 17 - SEVERANCE PAY (Continued) �� y �''� 17.53 The Employee must have an accumulated balance of at least eighty (80) days of sick leave � credits at the tune of his sepazation from service. � 17.�.4 If an Empioyee requests severance pay and if the Employee meets the eligibility 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 held by the Employee on the date of separation for each day of accrued sick leave subject to a masimum as shown below based on the number of years of service in the City. Years of Service with the City At Least 20 21 22 23 24 25 Maximum Severance Pay 5,000 6,000 7,000 8,000 9,000 10,000 ARTICLE 18 - WORKING OUT OF CLASSIFICATION 18.1 Any Employee working an out-of-ciass assignment for a period in excess of fifteen (15) working � days during any fiscal yeaz (of the Empioyer) shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth day of such assignment. For purposes of this article, an out-of-class assignment is defined as the full-time performance of all of the significant duties and responsibilities of a classification by an individual in another classification. For the purpose of this article, the rate of pay for an out-of-class assignment shall be the same rate the Employee would receive if he was promoted to the higher classification. ARTICLE 19 - SICK LEAVE AND PARENTAL LEAVE 19.1 Sick leave shall be eamed and granted in accordance with the Civil Service Rules. 19.2 In the case of a serious illness or disability of an Employee's chiid, parent, or household member, the head of the department shall grant leave with pay in order for the Empioyee to caze for or make arrangements for the caze of such sick or disabled persons. Such paid leave shall be drawn from the Employee's accumulated sick leave credits. Use of such sick leave shall be limited to 40 hours per incident. 193 Any Employee who has accumulated sick leave credits, as provided in the Civil Service Rules, may be granted one day of sick leave to attend the funeral of the Employee's grandpazent or grandchiid. . 19 ARTICLE 19 - SICK LEAVE AND PARENTAL LEAVE (Continued) 19.4 If an Employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he/she may convert any part of such excess to vacation at the rate of one-half day's vacation for each . day of sick leave credit. No Employee may convert more than ten (10) days of sick leave in each calendar yeaz under ihis provision. 19.5 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 disabled 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 af her position. A twelve (12) month Pazental leave of absence witttout pay shall be granted to a natural pazent or an adoptive pazent, who requests such leave in conjunction with the birth or adopfion of a child. Such leave may be extended an additional twelve (12) months by mutual Agreement between the Employee 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 Article 6 of this Agreement. Employees who retum following such leaves of absence shall be placed in a position of equivalent salary and tenure as the one held just prior to the beginning of their leave. 19.6 Leave for School Conferences: An Employee shall be granted up to a total of sixteen (16) hours during a school year to attend conferences or classroom activities related to the Employee's child, � provided the conference or classroom activities cannot be scheduled during non-work hours. VJhen the leave cannot be scheduled during non-work hours, and the need for Yhe leave is foreseeable, the Employee must provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to unduly disrupt the operations of the Employer. An Employee shali be allowed to use vacation or compensatory time for this leave; othenvise, this leave shall be without pay. 19.7 Voluntary Unpaid Leave of Absence: Effective upon the date of the signing of this Agreement, a full-time Employee may be granted a voluntary leave of absence without pay for up to 480 hours per fiscal year. During such leave of absence, the Employee shall continue to eam and to accrue vacation and sick leave, semonty cre ts, an s mam msurance e igi i i� o � was on the payroll. Any leave of absence grauted under ttris provision is subject to the approvaI of the Department Head. 19.8 Jury Duty Any employee who is required during his/her regular working hours to appeaz in court as a juror or witness, except as a witness in the employee's own behalf against the Employer, shatl be paid his/her regulaz pay while so engaged. Any fees that the employee may receive from the court for such service shall be paid to the City and be deposited with the Employer. Any employee who is scheduled to work a shift, other than the normal daytime shift, shall be rescheduled to work the normal daycime shift during such time as helshe is required to appeaz in court as a juror or wimess. C_� 20 ARTICLE 20 - NO STRIKE, NO LOCKOUT a[-C��i 20.1 The Association and the Employer agree that there shall be no strikes, work stoppages, slow downs, • sit-down, stay in, or other considered interference with the Employers' business or afFairs by the Association and/or the members tfiereof, and there shall be no bannering during the existence of this Agreement without first using all possible means of peaceful settlement of any controversy that may arise. ARTICLE 21 - RIGHT TO SUBCONTRACT 21.1 The Employer may at anytime during the duration of this Agreement contract out work done by the Employees covered by this Agreement. In the event that such contracting would result in reduction of the work force covered by this Agreement, the Employer shall give the Association a ninety (90) calendar day notice of the intention co subcontract. ARTICLE 22 - DEFERRED COMPENSATION 22.1 Employees who have completed ten (10) years of service shall have $400.00 for Deferred Compensation paid by the Employer on a dollar for dollaz match. 22.2 Employees who have completed twenty (20) yeazs of service shall have $600.00 for Deferred Compensation paid by the Employer on a dollaz for dollaz match. �3 For 2001, the Employer will match contributions by the first paycheck closest to October i of the plan yeaz, and also at the end of the fiscal yeaz. For 2002, the Employer will match conuibutions by the first paycheck closest to October 1 of the pian yeaz. • 21 ARTICLE 23 - WAGE SCHEDULE GRADE OlU 481 DISPATCFIER 12/30/00 12/29/O1 GRADE 02U 12/30/00 12/29/O1 A (1) 22.17 22.84 A (1} 22.32 22.99 i GRADE 04U 137 CUSTODZAN ENGR (PUS SFTY $LDG) 12/30/00 12/29/O1 A (1) 22.36 23.03 B (2) 23.19 23.69 GRADE 06U 123A CUSTODIAL SUPV--CIVIC CENTER 12/30/00 12/29/O1 A (1) 20.59 21.21 GRADE OSU 212A NIGHT CUSTODIAL SUPV--CC 12/30/00 12/29/O1 A (1) 17.34 17.86 � �J C J 22 ARTICLE 23 - WAGE SCHEDULE (Continued) � 12/30/00 12/29/O1 A (1) 1569.08 1616.15 GRP.DE 030 B (2) 1611.35 1659.69 GRADE 033 304A MARINA SERVICES SUPERVISOR 12/30/00 12/29/Ol A (1) 1714.61 1766.05 B (2) 1762.60 1815.48 GRADE 034 12/30/00 12/29/O1 � A (1) 1754.67 1807.31 B (2) 1803.98 1856.10 GRADE 035 336A SENIOR ZOO KEEPER 12/30/00 iz/29Joi A (1) 1783.25 1836.75 B (2) 1831.26 iaas.zo �, LJ e�-�� j ARTICLE 23 - WAGE SCHEDULE (Continued) GRADE 036 597A FORESTRY SUPERVISOR 2 208 GOLF WURSE SUPERINTENDENT 591A PARK MAINTENANCE SUPERVISOR I 366 PUBLIC WORKS SIIPERVISOR I 416 SEWER SUPERVISOR I 172A TRAEFIC MAINTENANCE SUPV 2 525A WATER MAINTENANCE SUPERVISOR 528 WATER SERVICE SUPERVISOR 532 WATERSHED SUPERVISOR I 536 ZOO SUPERVISOR 12/30/00 12/29/O1 A (1) 1860.39 1916.20 B (2) 1910.86 1968.19 GRFIDE 037 A B (1) (2) 12/30/00 1867.30 1917.85 12/29/O1 1923.32 1975.39 GRADE 038 • _ I 268A BRZDGE MAINT SUPERVISOR I 230A METER OPERATIONS SUPERVISOR 369 PUBLIC WORKS SUPERVISOR II 809 SEWER SUPERVISOR II 560 SUPV OF GAF2BAGE COLLECTION 964 VEAICLE MECHANIC SUPERVISOR 2 194 WATEIt UTILITY MAINS SUPEAVISOR 542 WATERSHED SUPERVISOR II 354 ANI '- 12/30/00 12/29/O1 A B (1) (2) 1963.69 2020.06 2022.60 2080.66 GRADE 039 173 EQIIIPMENT MAINT SIIPERVISOR A E (1) (2) 12/30/00 2013.96 2070.32 12/29/O1 2074.38 2132.43 � 24 ARTICLE 23 - WAGE SCHEDULE (Continued) c�E o40 . 103 FORESTRY SUPERVISOR II 592A PARK MAINTENANCE STSPERVISOR II 620 TRAFFIC MAINTENANCE SUPV II 394A VEHICLE MECHANIC SUPERVISOR II 557A WATER PLANI' PRODUCTION SUPV A B (1) (2) 12/30/00 2078.84 2142.23 12/29f01 2141.21 22�6.50 GRADE 041 269A BRIDGE MAINT SUPERVZSOR II 233A BUILD MAINT SUPV-LIBRARIES 622 PUBLZC WORKS SUPERVISOR III 623 SEWER SUPERVISOR III A B (1) (2) 12(30/00 2142.23 2203.33 12/29/Ol 2206.50 2269.43 � GRADE 043 0'79 BUILD MAINT SUPV--FIRE DEPT A B (1) (2) 12/30/00 2263.21 2328.94 12/29/Ol 2331.11 2396.81 A B (1) (2) 12/30/00 2332.51 2401.79 12/29/O1 2402.49 2473.84 A B (1) (2) 30/00 2402.95 2474.61 /29/O1 2475.04 2548.85 GFtADE 044 624 PUBLZC WORKS FIELD SUPERVISOR GRADE 045 680 BUILD MAINT SUPV--PARKS & REC �[-�o�bl 25 ARTICLE 24 - TERMS OF AGREEMENT v�-t�� .1 This Agreement shall be effective as of January 1, 2001, and shall continue in effect through December 31, 2002. This Agreement shall remain in effect and full force until modified or amended by mutual agreement of the parties. 24.2 It is understood that this settlement shall be recommended by the Director of Labor Relations, but is subject to approval by the City Councii. 243 The Employer and the Association aclmowledged that during the meeting and negotiating which resulted in flus Agreement, each had the right and opportuniry to make proposals with respect to any subject concerning the terxns and conditions of employment. The Agreements and understandings reached by the parties after the exercise of this right aze fully and completely set forth in this Agreement. Any and all prior Agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this Agreement are hereby superseded. 24.4 The 2001 salary schedule shall be retroactive to 1/1/Ol [closest paq period 12/30/00] for all employees including employees who retired after that date, but exciuding employees who resigned or were terminated for cause. CITY OF SAINT PAUL a egany Labor Relafions Director � d Date • THE SAINT PAUL MA1V[ JAL AND MAINTENANCE SUPERVISORS ASSOCIATION �O—r�. Tt.,�ti� Dan Palumbo President /� �� /n/ Dat�� 26 o��C�� MEMORANDUM OF IINDERSTANDING BETWEEN THE CITY OF SAINT PAUL 8s THE SAINT PAUL MANUAL 8s MAINTENANCE SUPERVISORS ASSOCIATION The City of Saint Paui and the Saint Paul Manual & Maintenance Supervisors Association agree to the following: ARTICLE 19.1 Worlflng out of Classification, states; Any Employee wor�cing an out-of-c/ass assignmenf for a period in excess of fiffeen (15) working days during any frsca/ year (of the Employer) shaU receive the rate of pay for the out-of-class assignment in a higher classification nof later than the sixteenth day of such assignment. � � The language states that an employee holding an out-of-classification position in excess of fifteen (15) working days will receive the rate of pay for the out-of-class�cation position. It is understood, that individual Departments have established different practices regarding where in the fifteen days the out-of-class�cation pay begins. The L)epartments will continue to exercise their individual discretion regarding the day to initiate the out-of-classification rate of pay, as long as it begins on, or before, the sixteenth (16) day. WITNESSES: FOR THE CITY �r- (L e__._�, ) `_,� Joe Reid Budget D'uector DATE: � ^ z � � SAINT PAUL 1KANUAL 8s MAINTENANCE SUPERVISORS ASSOCIATIO � MHce Miller President DATE: � � // f��l 61�� OFFICE OF LABOR RELAIIONS Xatherine L MegaJry, Directar CTTY OF SAINT PAUL LABOR RFLATTONS 400 Ciry H¢Il Annes 25 Wut Faurth Streei SaintPaul, Mirmesota 55 7 02-1 631 Telephone: 657- 266-6496 Facsimile: 657- 266-6495 Nmm Coleman, Mayor Mr. Dan Palumbo President, SPMMSA PO Box 17275 St. Paul, MN 55117 Mr. Ron Rollins Legal Counsel, SPMMSA 310 Groveland Ave. So. Mpis., MN 55410 Dear Dan and Ron: June 15, 2001 .s letter confirms our understanding made at the 2001-2002 round of bargaining regarding On Call Pay. Article 11.7 of the collective bargaining agreement between the City and the SPMMSA makes it ciear that employees may decline to carry city cell phones, pagers or beepers during non-working hours. The contract also indicates that, should the City begin directing employees to carry cell phones, pagers or beepers during non-working hours, the City and the SPMMSA must establish a premium for such duty. It is the City's understanding that, currently, there aze no SPMMSA employees being required to carry phones/pagers/beepers during non-working hours. As such, no premiums have been negotiated. There are a number of employees who voluntazily carry phones(pagersPoeepers during non-working hours, and(or answer their own home telephone as they are able. When such employees are actuaily called back to work, they aze compensated according to the Call Back provisions of the contract. While management retains the right to discuss issues of availability with an individual employee, it is understood that non-exempt staff who do not voluntarily answer the phone should not be disciplined in any way for that decision. Sincerely, �� Katherme L. Me arry �� g � Labor Relations Director �egotiations file 28