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266884 WHITE - CITV CLERK CO11QC11 � �v�\..•\J� PINK - FINANCE CANARV - DEPARTMEN� � GITY OF SAINT PAUL File NO. BLUE - MA�VOR • ^ t" ZIZGLIZCP. OrdinanceNO. ��CX Presented By ' Referred To ' Committee: Date Out of Committee By Date An Admini�trative Ordinance approving the terms and cor�ditiens of the 19'T6 I,e�bor Agreement between the City of Saint Pau1 and International Union of Operating Engineers, I,ocals 36 and 967. r WHTRFAS, The Ccuncil pur�ant to the provisions vf Sea�ion 12.09 of the Saint Paul City Charter and the Public �ployment Labor Re"�.ations Aet of 1971, as emended, reccgnizee International Union of Operating ]s�gineers Locale 36 and 967 aa the exclu�ive z�epresentatives For those clsases o� positions within the City of Saint Paul certified by the Bureau of Mediation Service8 i.0 Case Ido. 73-PR-�+49 A for the purpose of ineeting and negotiating the terms and �onditions oF employment for all f`«1.1-time persennel in said elasses of positiona as set forth in an Agreement betxeen the City and the exelusive repre�aenta.tivee hereinabove refereaeed; and Wf�RBAS, The City through designated representatives ar�d the exclu�ive representatives have met in gc�od faith and negotiated the terme and �onditionu of employment for the ealendax year of 1976 for such personnel as are ��t forth in the La,bor Agreement betxeen the Gity aMd the exclusivs repre�entativ�s, nc�r, therefore THE CO�TCIL OF THE CITY OF SAINT PAUL D08S ORDAIN: 8ection 1. That the I,abor Agreement dated as of the e�'fective date of this ordinance betw�en the City of Saint Paul and International Union of 4per- atiY3g Engineera Locals 36 and 967 on file iri the of'fice of tbe City Clerg is hereby approved, and the authorized administrative ofPicials of the City are hereby authorized and direet�rl to execute eaid Ls�bor Agre��nt on behalf of the Ci�y� .. -1- COUNCILMEN Yeas Nays Requested by Department of: Christensen P�l.°I`SOT1Ae1 Hozza In Favor Levine Rcedler BY T s D. Glea,�on, Dir. of Perscranel Sylvester A gainst Tedesco President Hunt Form ppr ved y Cit Atto Adopted by Council: Date f` Certified Passed by Council Secretary BY By Approved by Mayor: Date Appro by Mayo s n to ouncil ' gy By WNITE - CITV CLERK � � n[�� CANARY - DEP RTMEN� COIIIICll �in � � BLUE -M,�YOR , GITY OF SAINT PATIL File NO. '` � Ordindnce Ordinance N�. ��y� Presented By Referred To Committee: Date Out of Committee By Date . Section 2. That all of the ternas and conditions set forth in said Labor Agreement ahall take force and effect upon the effeetive date of this ordinance, except as otherwiae provided in said Agreement. The wage schedule contained in eaid Agreement shall take force and effect retro- actively to January 3, 1976 in accord�,nce with the expressed intent and agreement of the Counail eontained in �cil File No. 26641�. Section 3. That any other Ordinance� rule or regulation in �'orce xhen said �greement takee eff'ect, inconsistent xith any provision of the , terms and conditions of said �gree�nt, ia hereby r�led. Section �+. That this Ordinance shall take effect and be in force thirty (30) c�ays af'ter its passage, approval and publica.tion. Approved: . � C irme�n Civi1. 6ervi�e Comaission -2- COU[VCILMEN Requested by Department of: Yeas Nays Christensen 1� Hunt In Favor Levine O Rcedler Against BY Sylvester �dee�es President Hozza Adopted b uncil: Date M� 3 � t9� Form Approved by City Attorney Ce ' ied Pass d oun ' retary BY � �� Y Appro by Mayor: Approved by Mayor for Submission to Council By By �etts� APA 3 t9?8 ; i �� , Do n�ot detach th►s m$m�randum frb the; � ' � , ar�lnance, so that this iMf�rmation wi�l be �� ¢1: 12-1975 , aV�ilable `to the Ci�y Coune�� . �XFZ,.A�IT,ATZON QF. ADNt�NI$'T'RlA.TI t�RD�RS, ' �i:E�AI,�i7T�C�N3 A.ND �RL?��i' �'S : �(.�V�� : I�ate; xar� �, �g16 T�� T�I4�AS �'. kCEL�EY, ��TY AD�lII'�Ia�TR�1.TC1R �'�a P�rre�nel 0ffice ; : < R E 1 �riiawace .for s�t�iasioa to City �e31.. .A�C'PTAN R� u�:a'T�D; i re��. y�tr appr�vul � aubsissi�a �f this 61�i�►ne� ta the City C�m�il. `� �UR�'4i5� ,E�i� RAT�Q�T,A�►�� 'fJR 'x'�S A�G'��t?PJt �is �rdiaaaee ap�a�oves the 1976 S�b►or ,Agree�t betirern: , Ci�ty �t �it.. 1�,: Is�+� �1 D3.stri�t lf�. 625 aad �csls �6 and 967 �f the Iat ` t3csal �iv�t ef �!� E�isees�s. the �ait re�resent� the Cus.todia�a, Cast�c►dias- �ers, Papfnt �#�� ai� r�elattd titlea. �s rp�e it�se in this �gr�eat w�snats t,a ` at .�6 �r l�aar +m�e 6:3�. a;�re�aea s s� Q ndes a:resids�r t �'ar n+�► aarp . �� : .A}�T TACH�'`�I�,_,,,,,,�� __ r .: � 0r�i�ae� (co�slstiu� �! 2 psses) aaa e.�py f�r CitX Glert d Ls'be>r �t. 1��R QV'� � �� : �� a as . oy�, �ty. dz�i��exxa�or , : ,� ; . . . ' ' . ' ' . � . . . ,, . . � . ' . . . ��. C . . . . . . . . . � � . �I � � . . � . . � . .�j ,. � �f ��. no • 15q�a . � . �� ..�� LABOR AGREEI�NT - between - Tf� CITY OF SAINT PAUL, INDEPENDENT SCHOOL DISTRICT 625 - and - INTERNATIONAL UNZOId OF OPERATING EPTGINEERS LOCAL 36 AND IACAL 967 . - �,�� s ' I A D E X � �TI�� TITLE PAGE Preamble iii I Recognition 1 II DePinitions 2 III Dues - FairsYiare 3 � Union Rights � V Seniority 6 � Management Rights 7 �I Hours, Premium Pay 8 nII Leaves of Absence 10 � Military Leaye of Absence u x a,��y �ty 13 XI 3everance Pay l� �I Mileage �5 XIII Mileage-Independent School District No. 625 16 X� Discipline 17 � Insurance � � Holidays � XYII Vacation 19 �II Grievance Procedure 21 XDC 22 Residency 26 � Wage Schedule �7 �I Terms of Agreement 28 Appettdix A - Wages � - ii - � . , �� . . -.� THIS AGREENNiENT, BY AND BE7.WEEN Tf� CITY OF SAIIQT PAUL AND INDEPENDENT SCHOOL DISTRICT 625 EMPLOYERS AND LOCAL UNION N0. 36 A�ID N0. 967, INTER- NATIONAL UNION OF OPERATING ENGII�ERS, AFL-CIO. This AGREEMENT has been entered into between the City of Saint Paul and I�dependent School District 625, hereafter referred to as the EI�LOYER, and Locel Unions No. 36 and 967, International Union of Operating Engineers, AFL-CIO, hereafter referred to as the UIVION. This AGREEh�NT has as its. purposes, the promotion of harnaonious relations between the El�+1PL0YER and the UNION, the establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above ob3ectives in full compliance with the requirements of the Public �ployment Labor Relations Act of the State of Minnesota of 1971, as amended. - iii - . � R��JQ�_ ARTICLE I - RECOGDTITION l.l The Ei�LOYER recognizes the LTrTION as the sole and exclusive bargaining agent for the purposes of establishing wages, benefits, hours and other conditions of employment for all of its employees as outlined in the certification by the State of Minnesota, Buresu of Mediation Services, dated April 23, 1973, in Case No. 73-PR-449-A, and as set forth below: All regular, probationary, and provisional engineering and building maintenance personnel who are employed by the City of St. Paul or who have their "terms and con- ditions of employment" established by the go�rerning body of the City of St. Paul, and who work more than 14 hours per week and more than 100 work days per year in the following classifications: Assistant Superin- tendent of Stadium, Chief Operating Engineer--Civic Center, Civic Center Foreman, Civic Center Plant Helper, Custodian, Custodian-Engineer I, Custodian-Engineer II, Custodian-Engineer III, Custodian-E�gineer IV, Custodian- Engineer V, Custodian Engineer, House Custodian II, Filter Plan Operator I, Filter Plan Operator II, Matron, General Matron, I,ime Recovery Operator, Maintenance Man, Operating Engineer I, Operating Engineer II, Pumping Engineer I, Puuaping Engineer II, Pumping Engineer III, Sewer Pumping Station Operator, Stadium Supervisor, Stationary Engineer, Stationary Fireman, Supervising Stationary Engineer, Watchman I, Watchman II, Watchman, Water Plant Aide; excluding supervisory, managerial, clerical, confidential, temporary and emergency employees, those exclusively represented by other labor or employee organizations, and sll other employees. 1.2 The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this AGREEMEPIT shall be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Public E�nployment Relations Act to accomplish said objective. - 1 - . , , � d��,� ARTICLE II - DEFII�iITIONS 2.1 Collective Bargaining. The II�LOYER will bargain collectively with the U1�ION with respect to rates of pay, hours and other conditions pertaining to employment for all of the employees in the unit herein- before set forth. 2.2 Maintenance of Standards. The II+�IAYER agrees that all conditions of employment relating to wages, hours of work, overtime differentials, vacativns, and general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Personnel Rules of the City of Saint Paul, (Ordinance No. 3250 and Ordinance No. 6�+46) at the time of the signing of this AGREEMENT, and the con- ditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this AGREEMENT. 2.3 Discrimination. The E1�LOYER will not interfere with, restrain or coerce the employees covered by this AGI�EEI�NT because of inembership in or activity on behalf oP the U1�TION. The EMPLOYER will not discriminate in respect to hire, tenure of employment or any term or condition of employment against any employee covered by this AGR� because of membership in or activity on behalf of the UI�JION, nor will it discourage or attempt to discourage membership in the iJNION, or attempt to encourage membership in another UNION. - 2 - ,�`��QR ARTICLE III - DUES - FAIRSNARE �-r..�-,�f 3.1 Dues. The EMPLOYER agrees to deduct the U1�TION me�mbership initiation fee assessments and once each month dues from the pay to those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the Efi4PLpYER by a represent- ative of the U1�1ION and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 3.2 Fairshare. Any present or fl�ture employee who is not a UNlON member shall be required to contribute a fair share fee for services rendered by the UNION. Upon notification by the UIJION, the El�LOYER shall check off said fee from the earnings of the employee and transmit the same to the UIJION. 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 operative only so long as specifically provided by Minnesota law, and as otherwise legal. 3•3 T'he UNlON will indemnify, defend and hold the E�LpYER harmless against any claims made and against any suits instituted against the City, its officers or employees, by reason of negligence of the UIVION in requesting or receiving deductions under this Article. The City will indemnify, defend and hold the UNION harmless against any claims made and against any suits instituted against the UNIOIV, its officers or employees by reason of negligence on the part of the EMpLOYER in making or forwarding deductions under this Article. _ 3 _ ARTIC7�E IV - UNION RIGHTS �? �= d��,.y 4.1 The UNION may designate employees within the bargaining unit to serve as Union Stewards and shall b� required to administer this AGREEMENT. 4.2 The tJNION shall fl�rnish the EMPLOYER and appropriate Department Heads and Labor Relations Director with a list of Stewards and alternates, and, shall, as soon as possible, notify said appropria te City officials in writing of any changes thereto. Only those who are Officers and Stewards shall be recognized by the ENff�LOYER for the purpose of ineetings. k.3 There shall be no deduction from the pay of a Steward when directly involved in meetings with management relating to the admi.nistration of this AG�MENT during working hours. 4.4 Designated Union Representatives shall be pernaitted to visit employees on job sites and at department buildings during working hours for the purpose of the administration of this contract. �+•5 Shop Steward. One shop steward from each department will be allowed to accompany an employee's authorized representative during regular working hours for the purpose of wage, salary, or fringe benefit discussions or other problems of their particular concern involving employees of the City of St. Paul and Independent School Distract No. 625 under the following conditions: 4.51 That only one employee from any one department be allowed to leave his work. 4.52 That the steward be expected to attend these meetings on his own time when they are held outside of his regular working hours. �+.53 That adequate notice is given to the department heads so that permission may be obtained. - �► - , , n ARTICLE IV - tJNION RIGHTS ((:ONTINUED) �° ��-'4 4.5�+ That the steward has officially been designated as such by the UNION that he represents. 4.55 Union Conventions. Duly elected UNION delegates shall be granted time off without pay for one week to attend such convention. Vacation or compensatory time may be used for this purpose. The UrTION shall �ive at least ten working days advance notice of the employees who will be participating in such conventions. - 5 - �axT�c� v - sa�o��t � `�,�;�??� 5.1 Seniority, for the purpose of this AGREEMENT, shall be defined as follows: The length of continuous, regular and probationary service with the EMPLOyER from the date an employee was first certified and appointed to a class title covered by this AGRF�EMENT, it being flirther understood that seniority is confined to the current class assignment held by an employee. In cases where two or more employees are appointed to the same class title on the same date, the seniority shall be determined by the employee's rank on the eligible list from which certification was made. 5.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 5•3 In the event it is determined by the II�LOYER that it is necessary to reduce the work force, employees will be laid off by class title within each department based on inverse length of seniority as defined above. 5•�+ In cases where there are promotional series, such as Custodian Engineer I, II, III, etc., when the number of employees in the higher titles is to be reduced, employees who have held lower titles in the bargaining unit will be offered reductions to the highest title to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. 5.5 Recall From layoff shall be in inverse order of layoff, except that recall rights shall expire after one year of layoFf. 5.6 It is understood that such employees will pick up their former seniority date in any class of positions that they previously held. - 6 - � � � b��,� ARTICLE VI - MANAGEMEIPP RIGHZS �... ,,,-; 6.1 The UNION recognizes the right of the EN1�'Lp7�R to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the E1�LOYER has not officially abridged, delegated, or modified by this AGREEMENT are retained by the Et�LOYER. 6.2 A public F.[�I,pYER is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion of policy as the fluictions and programs of the EMPLOYER, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. - 7 - . � ARTICLE VII - HOURS, PRENIIUM PAY {: W��;�� 7.1 Hours of bnployment. The normal work day and the normal work week sha1Z be 8 hours in any 24-hour period and 40 hours in any 7-day period. (For employees on a shift basis, this shall be construed to mean an average of forty hours a week.) The norma2 work week shall consist of 5 consecutive normal work days. 7.2 Call-in-Pay. When an emgloyee is called to work he shall receive two hours' pay if not put to work. If he is called to work and co�ences work, he shall be guaranteed four straigY�t time hours' pay. These pro- visions, however, shall not be effective when work is unable to proceed because of adverse weather conditions; nor shall these provisions apply to temporary or emergency employees nor to employees employed under any of the titles listed in Section 7 of these Rules under the heading "Special mrployments"; nor to any person whose regular scheduled workday is less than four hours. 7.3 Overtime. Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by order of the head of the department. An employee shall be recompensed for work done in excess of the normal hours being paid on a ti.me and one-half basis for such overtime work. 7.4 Premium Pay. To any employee who works on a regularly assigned shift, beginning earlier than 6 a.m. or ending later than 6 p.m. provided that at least five hours of the shift are worked between the hours of 6 p.m. and 6 a.m., there shall be paid a night differential for the entire shift. - 8 - ARTICLE VII - HOURS, PRII�IIUM PAY (CONTINUED) � ___ To any employee who works on a regularly assi�ed shift, beginning �� earlier than 6 a.m. or ending later than 6 p.m., but less than five hours of the shift are worked between the hours of 6 p.m. and 6 a.m., there shall be paid a night differential for the hours worked between the hours of 6 p.m. and 6 a.m. 7.5 The night differential shall be 5°� of the base rate, and shall be paid only for those night shifts actually worked; provided, however, thet the provisions of this subsection shall not apply to emergency or temporary employees in the Auditorium, or to employees holding titles listed in Section II or Ordinance No. 6446 under the heading "Special �nployments" in this bargaining unit. - 9 - � ARTICLE VIII - LEAVES OF ABSENCE `��.� 8.1 Leave of Absence. After three month's employment, an employee may �� "�r�,_: ;.�=.; make application for a leave of absence not to exceed one year. A leave of absence shall be granted on the basis established in the Personnel Rules {Ordinance No. 3250). 8.2 Sick Leave. Sick leave shall accumulate at the rate of .0576 of a working hour for each f�7.1 hour on the pa�rroll, excluding overtime. Sick leave accumulation is unlimited. To be eligible for sick leave the employee must report to his supervisor no later than one-half hour past his regular scheduled starting time. The granting of sick leave shall be subject to the terms and provisions of Ordinance No. 3250 of the City of Saittt Paul. 8.3 AnY employee who has accumulated sick leave credits as provided above shall be granted leave with pay, for such period of time as the head of the department deems necessary, on account of sickness or injury of the employee, quarantine established and declared by the Bureau of Health, death of the employee's mother, father, spouse, child, brother, sister, mother-in-law, father-in-law, or other person who is a member of the household; and may be granted leave with pay for such time as is actually necessary for office visits to a doctor, dentist, optometrist, etc., or in the case of sudden sickness or disability of a member of his household, making arrangements for the care of such sick or disabled persons up to a maximum of four hours sick leave. - 10 - - � ��:�?�?,� ARTICLE IX - MILITARY LEAVE OF ABSENCE ' 9.1 Pay Allowance. Any employee who shall be a member of the National Guard, the Naval Militia or any other component of the militia of the state, now or hereafter organized or constituted under state or federal law, or who shall be a member of the Officer's Reserve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve camnponent of the military or naval force of the United States, now or hereaPter organized or constituted under Federal law, shall be entitled to leave oP absence froam employment without loss of pay, seniority status, efficiency rating, vacating, sick leave or other ben- efits for all the time when such employee is engaged with such organization or c�ponent in training or active service ordered or authorized by proper authority pursuant to law, whether for state or Pederal purposes, provided that such leave shall not exceed a total of fifteen (15) days in any calendar year and, flu�ther provided that such leave shall be allowed only in case the required military or naval service is satisfactorily performed, which shall be presumed unless the contrary is established. Such leave shall not be allowed unless the employee: (1) returns to his position immediately upon being relieved from such military or naval service and not later than the expiration of time herein limited for such leave, or (2) is prevented from so returning by p}�ysical or mental disability or other cause not due to such employee's own fault, or (3) is required by proper suthority to continue in such military or naval service beyond the time herein limited for such leave. - 11 - . (? s r.� . �. "b�� ARTICLE IX - MILITARY LEAVE OF ABSENCE (CONTINUID) y 9.2 Leave Without Pay. Any employee who engages i.n active service in time of war or other emergency declared by proper authority of any of the military or naval forces of the state or of the United States for which leave is not otherwise allowed by law shall be entitled to leave of absence from employment without pay during such service with right of reinstatement and subject to such conditions as are imposed by law. • 9•3 Such leaves of absence as are granted under Article 9 shall conform to Minnesota Statutes, Section 192, as amended from time to ti.me and shall confer no additional benefits other than those granted by said statute. - 12 - ' � t+k�1�f 7�!/'y ARTICLE X - JURY DUTY .. 10.1 Any employee who is required to appear in court as s juror or witness shall be paid his regular pay while he is so engaged, provided however, that any fees that the employee may receive from the court for snch service shall be paid to the EI�IAYER and be deposited with the Director of Finance and Management Services. Any employee who is scheduled to work a shif`t, other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as he is required to appear in court as a juror or witness. - 13 - . . ' , �' e�� ., :,_:, ARTICLE XI - SEVERANCE PAY r 11.1 F�nployees shall be eligible for severance pay in accordance with the Severance Pay Ordinance No. 11490. The amount of Severance Pay allowed shall be that amount permitted by State Statutes subject to the provisions that the maximum amount allowed shall be $4,000. - 14 - � L�� ARTICLE XII - MILEAGE ��,_. . »-�, 12.1 Automobile Reimbursement Authorized. Pursuant to Chapter 9?A of the St. Paul Legislative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 12.2 Method of Computation. To be eligible for such reimbursement, all officers and employees must receive written authorization from the Mayor. Reimbursement shall be made in accordance with one of the following plans: Type 1. For those officers and employees who are required to use their own automobiles occasionally for official City business, reimbursement at the rate of 13 cents for each mile driven. Type 2. For those officers and employees who are required to use their own sutomobiles on a regular basis on City business, reimbursement at the rate of $2.50 for each day of work, and in addition thereto at the rate of 6.5 cents for each mile driven. 12.3 Rules and Regulations. The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating place of origin and destination and applicable mileage ratings thereat and indicating total miles driven, and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further required that they maintain automobile liability insurance in amounts not less than $100,000/300,000 for personal injury, and �25,000 for property damage. These rules and regulations, together with any amendments thereto, shall be maintained on file with the City Clerk. 12.4 The provisions of this Article shall not apply to employees of Independent School District No. 625. _ 15 _ . � ' � ��e b�*,�!�`/� ARTICLE XIII - MILEAGE-I1�EPENDENT SCHOOL DISTRICT N0. 625 �-'��=`: 13.1 E�nployees of the School District under policy adopted by the Board of Education may be reimbursed For the use of their automobiles for school business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Comanittee utilizing one of the following plans: PLAN "A" is reimbursed at the rate of 15¢ per mile. In addition, a maximum amount which can be paid per month is established by an estimated f'urnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another employee working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. PLAN "C"provides for reimbursement based on per month lu�mp sum" amount. This amount is determined by the employee's driving experience under Plan "A" for a period of 3 to 6 months. Those employees receiving en auto allowance under this plan must report monthly the number of days the car was available during the month. A deduction must be made from the lump sum amount for each day the employee is on vacation. A deduction need not be made for an occasional day of illness or for holidays. - �6 - ARTICLE XN - DISCIPLINE � ��9 14.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in the form of: 14.11 Oral reprimand; 14.12 Written reprimand; 14.13 Suspension; 14.14 Reduction; 14.15 Discharge 14.2 Suspensions, reductions and discharges will be in written form. 14.3 F�►ployees and the IJNION will receive copies of written reprimands and notices of suspension and discharge. 1�+.4 Employees may examine all information in the EI+�LOYER personnel files that concerns work evaluations, com4nendations and�or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the FN�LYER. 14.5 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and�or UNlON may request, and shall be entitled to a meeting with the ENIPLOYER representative who initiated the suspension with intent to discharge. During said five (5) day period, the EMPLOYER may affirm the suspension and discharge in accordance with Civil Service Rules or may modify, or withdraw same. 14.6 An employee to be questioned concerning an investigation of disciplinary action shall have the right to request that a U1�TION representative be present. 14.7 Grievances relating to this Article shall be processed in accordance with existing Civil Service procedures, except that oral and written repri.mands shall be taken up in the grievance procedure under Article XVIII. - 17 - ARTICLE XV - INSURANCE � ��yQ�a?A� �-- ..�-4�s 15•1 The II�LOYER will continue for the period of this AG�MENT to provide for employees such health and life insurance benefits as are provided by II�LpyER at the time of execution of this AGREEI�IQT, 15•2 The II�'LOYER will for the period of this AC�REEMENT provide for employees who retire efter the ti.me of execution of this AGREEI�pT end until such employees reach si.xty-five (65) years of age such health insurence benefits and life insurance benefits as are provided by the II�I,pYER for such employees. 15.3 In order to be eligible for the benefits under this early retiree provision, the employee must: 15.31 Be receiving benefits from a public employee retirement act et the time of retirement. 15.32 Ilave severed his relatianship with the City of St. Paul under one of the early retiree plens. - 18 - � b��,� L �..��: ARTICLE XVI - HOLIUAYS 16.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Years Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day I,abor Day Two floating Holidays Tligible 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. 16.2 The Ploating holidays set forth in Section 16.1 above may be taken at any ti�e during the contract year, subject to the approval of the Departtnent Head of any employee. 16.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the niae working days preceding the holiday; or an employee's name must appesr on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. _ ly _ ARTICLE XVI - HOLID�AYS (CONTINUID) ��!��. � ��# 16.5 If an employee entitled to a holiday is required to work on Washington's and Lincoln's Birthday, Christopher Columbus Day, or Veterans Day, he shall be granted another day off with pay in lieu thereof as soon thereaPter as the convenience of the department permits, or he shall be paid on a straight ti.me basis for such hours worked, in addition to his regular holiday pay. If an employee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, he shall be recompensed for work done on this day by being granted compensatory time on a time and one- half basis or by being paid on a ti.me and one-half basis for such hours worked, in addition to his regular holiday pay. - 20 - - � � �� .>-.: ARTICLE XYII - VACATION 17.1 In each calendar year, each full-time employee shall be granted vacation according to the following schedule: Years of Service Vacation Granted 0 - 5 years 10 days 6 years thru 15 years 15 days 16 years thru 25 years 21 days 25 years or more 22 days �nployees who work less than f�1l-time shall be granted vacation on a pro rata basis. 17.2 The head of the Department may permit an employee to carry over into the follo�ing year up to ten days' vacation. 17.3 The above provisions of vacation shall be subject to Ordinance No. 6�+46, Sectian I, Sub. F. 17.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he may convert any part of such excess of vacation at the rate of one-half day's vacation for each day of sick leave credit. The maximum n�ber of days' vacation allowed by the conversion of sick leave credits shall be no more than five days in any one year so that the maximum vacation time which may be taken in any one year shall be twenty- seven days including the regular vacation period. - 21 - ' , � 6'�� - .�-k: XVIII - GRIEVANCE PROCIDURE 18.1 The EN�LOYER shall recognize Stewards selected in accordance with UIQION rules and regulations as the grievance representative of the bargaining unit. The U1vI0N shall notif�r the ENIPLOYER in writing of the names of the Stewards and of their successors when so named. 18.2 It is recognized and accepted by the ENlPLOyER and the UrTION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EMPIAYEA. 18.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provi.ded by Article VII, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT.Grievance shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this AGREEMENT, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the - 22 - . • • y � ARTICLE XVIII - GRIEVANCE PROCEDUR'E (CONTINUED) � ;��?.�, ,>-. nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the U1vIpN within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use o� reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. SteP 2• Within seven (7) calendar days after receiving the written grievance a designated EMPLpyER supervisor shall meet with the iJrTION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EN�I,p7[ER shall reply in writing to the UNION within three (3) calendar days following this meeting. The UIJION may refer the grievance in writing to Step 3 within seven (7) calendar days Following receipt of the E1�LOyER'S written answer. Any grievance not reFerred in writing by the UIJION within seven (7) calendar days following receipt of the II�LOyER'S answer shall be considered waived. SteP 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated F.MPLpyER supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the EMPLpyER shall reply in writing to the IJIVION stating the EMPLOYER'S answer concerning the grievance. IP, as a result oP the written response the grievance remains unresolved, the LTDIION may refer the grievance to Step 4. Any grievance not referred to in writing by the UN.fON to Step 4 within seven (7) calendar days following receipt of the EI�IAYER'S answer shall be considered waived. - 23 - . . � � ARTICLE XVIII - GRIEVANCE PROCEDURE (CONTINUID) ��Q�� _. �'x' ��•.�'�.`= Step 4. If the grievance remains unresolved, the UlYION may within seven (7) calendar days after the response of the EMPLOYER in Step 3 by written notice to the E[�'LOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UAiION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public �nployment Relation Board to submit a panel of five (5) arbitrators. Both the E1�LOYER and the UIQION shall have the right to strike two (2) names from the panel. The UNION shall strike the first (lst) name; the E1�LpYER shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 18.4 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREENIEI�T. The arbitrator shall consider and decide only the specific issue submitted in writing by the EN�'LOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thrity (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 based solely on the arbitrator's interpretation or application of the express terms of this AGREENSENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION, and the employees. - 24 - � � � � ��p��.�� ARTICLE XYIII - GRIEVANCE PROCEDURE (CONTINUED) ` '=':? 18.5 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EN�LpyER and the tJNION, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 18.6 The time limits in each step of this procedure may be extended by mutual agreement of the II�LOYER and the tTNION. _ �5 _ ARTICLE XIX- RESIDENCY �'�' �: y�,�:�r;� �•..��-., 19.1 All employees appointed after February 19,1976,would be required to reside in the City of Saint Paul within one year of their appointment, and thereafter would be required to remain within the City limits as long as they were employed by the City of Saint Paul. 19.2 This residency requirement shall apply to unclassified employees as well as classified employees. 19.3 Applicants for positions in the City of Saint Paul will not be required to be residents of the City of Saint Paul. 19.4 �nployees failin� to meet the residency requirement will be subject to termination and a hearing process shall be established to determine whether the residency requirement was met. - 26 - � > �' �?��?,� ,a:..� ARTICLE XX - WAGE SCfIEDULE � 20.1 The wage schedule for purposes of this contract shall be Appendix A attached hereto. — 27 — . " ARTICIE XXI - TERM►S OF AGREEN�TT <��+�.'� �`u,�.`.'�� 21,1 Camplete Agreement and Waiver of Bargaining. This AGREEI�NT shall represent the complete AGREEMENT between the UIQION and the EMPLOYBR. The parties acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make requests and proposals with respect to any subject or matter not removed by law from the area of collective bargaining., and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this AGREE[�NT. Therefore,the EI�LOYER and the UN20N, for the life of this AGREEMENT, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain coZlectively with respect to any subject or matter referred to or covered in this AGREEN�NT. 21,2 Savings Clause. This AGR�tu�t�rr is subject to the laws of the United States, the State of Minnesota, and the City of Saint Paul. In the event any provision of this AGREEI�NT shall hold to be contrary to law by a court of competent jurisdication from whose final judgnnent or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. 21.3 Term of Agreement. This AGREEMENT shall be in full force and effect fro�m January 3, 1976 to ]fecember 31,1976,and shall be sutomatically renewed from year to year thereafter unless either party shall notify the other in writing by June 1, 1975, that it desires to modify or terminate this AGREEMENT. In witness thereof, the parties have caused this AGREEMENT to be executed this 19th day of February, 19?6. - 28 - , i ARTICLE JIXI - TERMS OF AG�NT (COI9TINUED) � '�,�`,��?� 21.4 This constitutes a tentative AGREEMENT between the parties which will be recarmnended by the City Negotiator, but is subject to the approval oP the Administration of the City, the City Council, and the Independent School District No. 625 and is also subject to ratification by the UNION. WITI�SSES: CITY OF SAINT PAUL: INTERI�ATIONAL UNION OF O1''ERATING ENGII�ERS, LOCAL N0. 36 ADID 967 BY: gy; Mayor Business Man r Local 3 � ` - c. .+•yc�- BY: C � , ., ,,,� City N otiato Business Manager Loca 7 i BY: BY: Civil Service Coaanission Pre ident � BY: BY: City Attorney Recording Secretary BY: BY: Independent School District No. 625, School Board Negotiator BY: BY: Deputy Superintendent - 29 - _ __ ___ , _ _ _ ---..�.;� . � � • � � � 4 �,��,��,� ! ` .��y) � APPENDIX A - WAGES The wage rates and salary ra.nges for classifications in this unit are � . � effective January 3, 1976 as follows: ; � First After ! 6 mos. 6 mos. Chief Operating Engineer--Civic Center 8.19 8•51 Civic Center Foreman 6.50 6.81 , Custodian-Engineer I 6.50 6.81 i Custodian-Engineer I (Library) 6.50 6.81 ! Custodian-Engi.neer I--Public Safety 6.50 6.81 � Custodian-Engineer II 6.61 7.02 � Custodian-Engineer II �(Library) 6.61 7.02 � Custodian-Engineer III 6.81 7.21 ' Custodian-Engineer N 7.05 7�45 ' . Custodian-Engineer V 7.32 7.71 _ Cuatodian-Engineer (Public Safety Bldg.) 7.93 8•25 �Filter Plant Operator I 6.61 6.92 Filter Plant Operator I 7.05 7.37 Filter Plant Operator II 7.50 7.$2 House Custodian II 4.98 ---- Instrument Repairman (Filter plant) 7.50 7.$2 Lime Recovery Opera,tor 7.05 7.37 Maintenance Man 7.05 7.37 Operating Engineer I--Civic Center 7.05 7.37 Operating Engineer II--Civic Center 7.50 7�82 Pumping Engineer I 7.05 7•37 Pumping Engineer II 7.50 7.82 Pumping Engineer III 8,19 8,51 Sewer pumping Station Operator 7.84 8.16 Stationary Engineer 7.05 7•37 �Stationary Fireman 6.87 7.18 Supervisory Stationary Engineer 7.43 7.74 Water Plant Aide 6.50 6.81 Start After 6 mos. A Pter 1 yr. A�'ter 2 yr. Custodian 5•76 5•93 6.04 6.23 i ; General Matron t 262.50 272.50 283.00 294.50 306.00 318.50 325.50 333.50 � ! Matron ; 297.00 309.00 32i.00 333.50 347.50 361.50 370.50 380.00 watchman I 300.50 313.50 325.50 338.50 352.50 368.00 376.00 386.00 � � -1- f � . .. . . ,_ �� - APPENIDDC A - WAGE.S (continued) `�"�� Watchman--Water Department Watchman II _____�___ 331.5� 344.5� 358.00 372.5� 388.00 404.50 415.5� 425.50 �. Civic Center Plant Helper � 467.85 480.61 Assistant Superintendant of Stadium 423.00 441.00 459.00 480.00 500.50 522.50 536.54 552•50 Stadium Supervisor 567.80 584.28 _ _: Personnel hired for employment with the City after the date of the signing of this agreement, to a class of positions listed in 1 above, ahall ___. be compensated at the "0 - 6 months" hourly wage rate during their probation- ,,:��:- ary period. After the completion of the probationary period the employee shall be paid at the "ef'ter 6 months" hourly wage rate. Employees promoted from any of the positions listed in 1 above to any position listed in 1 above ; shall receive the "after 6 months" hourly wa.ge rate. � i Temporary and emergency employees shall be paid the minimum rate in- � dicated in this appendix f'or the classification in which they are employed. i i � � i -2-