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01-803ORiGINAL RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented by, Referred To CouncilFile# Ot-�i� Green Sheet # 106849 (5 Committee Date 1 2 3 4 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached July 1, 2001 through December 31, 2003 Labor Agreement between the City of 5aint Paul and District Lodge No. 77, International Associafion of Machinists and Aerospace Workers AFL-CIO. Requested by Deparknent of: Benanav Blak Bos�om Coleman Hams � of Labor Relations Form Appro ed by '�Ttt mey � /\ g `\1 Adopted by CouncIl: Date Adoprion Certified by Council Secretary Approved h�Mayos for Su ission to Commcil By: �_.�\�- � �.�-a.�------- By. /� �� % Approved by Mayor: Date /�(�/,� � j �� DEPARTMENTlOFFlCFlCOOI�fCII.: LAB4R RELATIONS CONTACf PERSON & PHONE: JIJLIE KRAUS 266-6513 MUST BE ON COUNCII, AGENDA SY (DATE) TOTALHOFSIGNATURE ACfION REQUESTED: DATE INITIATED GREEN SHEET No.:106849 6L ��° � July 18, 2001 � ATE LVITIALDATE ASSIGN 1 DEPARTMENT DII2. P 4 CITY COUNCIL NUMBER 2 CI'PY ATfORNEY CITY CLERK FOR BUDCEI' DIIL FIN. & MGT. SERVICE DIR ROUTING 3 MAYOR (OR ASST.) ORDER This resolution approves the attached July 1, 2001 through December 31, 2003 Labor Agreement between the City of Saint Paul and the District Lodge No. 77, International Association of Machinists and Aerospace Workers AFL-CIO. Approve (A) or Reject (R) _PLAIVDIINGCOM�IISSION _CIViLSERVIC£ COMNIISSIOT ` CIB COMMITTEE STAFF D(STRICT COURT SUPPORTS WFRCHCOUNCILOBJECTTVE? PERSONAL SERVICE CONTRACTS Mi3ST AI3SWER THE FOLLOWING QUESTIONS: I. Has th�s persoN£um ever worked under a wntract for this departrnent? Yes No 2. Has thu peison7firm ever been a city employee? Yes No 3. Does this personJfirm possess a skill not noanally possessed by any cursent ciry Yes No E�plain a{I yes ansrvers on separate sheet and attach to green s6eet TNITiATING PROBLEM, ISSUE, OPPOR'TUNl'I'N (Who, WLat, When, Where, Why): Current agreement expired June 30, 2001 ADVANI'AGES IF APPROVED: An agreement in place through Decembez 31, 2003. T'his agreement has been ratified by the union members. DISADVANTAGESIFAPPROVED: �OIIO DISADVAN'fAGES IF NOT APPROVED: No agreement in place - labor unrest. To'rai, anaotm�r oF Txnxsacnon: a FONDIPIG SOORCE: •z: _. �. -; _r%.. � � y COST/RTSVENI7E BUDGETED: AL"I'NI7'Y NUMBER: FINANCL4L INFORMATION: (EXPLAii� a�-P�3 ATTACFIlVIENT TO TI� GREEN SHEET INTERNATIONA.L ASSOCIATION OF MACfIINISTS, DISTRICT LODGE #77 Below is a��mmary of the changes in the Collective Bazgaining Agreement between the City of Saint Paul and the Intemational Association of Machinists, District Lodge #77. Duration: July 1, 2001 through December 31, 2003. Ttus moves this bargaining unit to a calender yeaz schedule. Wages: 2.75% - September 22, 2001 3.0 % - October 5, 2002 3.0 % - December 28, 2002 $.SSfhr added to title of "Traffic Maintenance Worker after 7/1/91". The additional $.55lhour will be added to this classification prior to applying the across-the-board increase for 2001. Tlvs additional increase applied as a result of insurance dollar savings. Health Insurance: The health insurance contribution increase followed the same pattern and language as previously negotiated with other bugaining units. Singles 02 $260.00*. Singles 03 2002 contribution + first $45.00 of increase + 50% of the increase over $45.00 Family 02 $394.88 + 60% of the family increase up to $60.00. If increase exceeds $100.00, the City will pay 40% of the excess. Faznily 03 2002 contribution + 65% of the family increase up to $71.50. If ]ncrease exceeds $110.00, the City will pay 40% of the excess. * This will mean a discontinuation (starting in 2043) in the unused benefit dollaz amount returned to employees at the end of the year and helps to accomplish the City's goai of paying benefit dollars exclusively for benefits. Dollars saved under this proposal were applied to salary dollars. Begimiing in 2003, this bazgaining unit will no longer be receiving unused benefit dollars. All future benefit contributions will go direetly to benefits. Life Insnrance: Effective for 2003, life insurance dollars to be moved out of current benefit dollar package and payment made apart from health insurance dollars. ��fo3 Holidays: Agreed to a change in the process for holiday eligibility determivafion. This change will make the administrarion of holidays easier for Payroll staff. Effective with the 2002 IRS payroll yeaz, floating holidays will be moved into the vacation schedule. Out of Class: Aa eed to Out of Class pay language as found in most other contracts. Payment not required until after 15 consecutive days. Mileage: Agreed to IRS rate for those employees on mileage effective first month after unplementation of collective bazgaining agreement. Misceilaneous: Employees no longer charged Administrafive Service Fee. Grievances relating to terms and conditions of employment to be grieved only through the contract process. Update of class titles eligible for tool allowance. Effective 1!1/03, tool and shoe allowance to be increased the same as the ATB. Agreed to changes in years of service for retiree health insurance from twenty-five non- consecutive to 20 consecutive years or 15 consecutive years if disabled bringing them in- line with other bargaining unit contracts. Other language changes are of a housekeeping naiure for clazification and clean up. Costs: Wages Health Ins. 2001 2002 2003 $70,260.16 $ 4372.80 $71,507.07 actual unlcnown Total $74,632.96 $71,507.07+ins $71,505.07 actual unknown $'71,507.07 + Ins 0\-i'o3 � JULY 1, 2001 THROU��i DECEMBER 31, 2003 LABOR AGREEMENT BETVVEE�T � � _ � � � THE CI'�1' OF SAIN'T PAUL � � � � � � �, . _ �4ND. �� - - � � �. = DISTR��T �T�OD�E_l�U.-?7 : . �, 5 �_ _ - r iNTE�tNATIUNAL A�SUCIATION OF MAGHiNIS'LS AND AEROSPACE WORKER� AFL-CIO �� _ � � . � � � � D� - �°3 n lJ INDEX ARTICLE T'ITLE PAGE 1 Recognition ......................................................1 2 Definitions .......................................................i 3 Maintenance of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Check Off and Aduiinistrative Service Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Union Rights .....................................................3 6 Management Rights ................................................3 7 Discipline ........................................................3 8 Hours,Overtime Pay ...............................................4 9 Tool Insurance and Clothing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 10 Jwy Duty :.......................................................6 I1 LegalServices ....................................................6 12 City Mileage ......................................................7 13 Active Empioyee Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 14 RetireeInsurance ..................................................9 � 15 Holidays ........................................................10 16 Vacation ........................................................11 17 Crrievance Procedures .............................................12 18 Savings Clause ...................................................15 19 Severance Pay ...................................................15 24 Wage Schedule ...................................................17 C� 21 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 22 Sick Leave ......................................................18 23 Maternity Leave ..................................................19 24 Layoffand Bumping ..............................................19 25 Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 AppendixA .................................................... AI i ol-�o� AGREEMENT BETWEEN THE CITY OF SAINT PAUL • AND DISTRICT LODGE #77, INTERNATIONAL ASSOCIATION OF MACI�INISTS AND AEROSPACE WORKERS AFL-CIO This AGREEMENT has been entered into between the City of Saint Paul, hereafter referred to as the EMPLOYER, and District Lodge #77, International Association of Machinists and Aerospace Workers AFL-CIO, hereafter referred to as the IJNION. This AGREEMENT has as its purposes, the promotion of hatmonious relations between the EMPLOYER and the iINION, 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 shail pursue the above objectives in full compliance with the requirements of the Pubiic Employment Labor Relations Act of the State of Minnesota of 1984, as amended. � � ii �l -go3 � ARTICLE 1 - RECOGNITION 1.1 The EMPLOYER recognizes the I7NION as the sole and exclusive bazgauxing agent far the purposes of establishing wages, benefits, hours and other conditions of employment for all of its employees as outlined in the cerCification by the State of Minnesota, Bureau of Mediation Services, dated August 15,1973, in case No. 74-PR-77-A, and as set forth below: All regulaz, probationary, and provisionai vehicle and equipment maintenance personnel who aze employed by the City of St. Paul or who have their "terms and conditions of employment" established by the governing body of the City of St. Paul in the classifications of Auto Body Repairer, Communications Technician Helper, Equipment Repairer, Fire Buildings Repairer, Fire Equipment Servicer, Machinist, Marina-Mechanic, Mechanic-Welder, Parts Runner, Tool Maker - Water Utility, Traffic Maintenance Worker, *Vehicle Maintenance Worker (Light), Vehicle Maintenance Worker (Fieavy), Vehicle Mechanic, Vehicle Mechanic (Heavy Truck & Equipment), Vehicle Mechanic Leadworker, Vehicle Mechanic 5upervisor, Vehicle Mechanic Trainee, Welder and Welder Leadworker, excluding supervisory, confidential, temporary, emergency and employees exciusively represented by other labor or employee organizations. � 12 The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this agreement shall be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Public Empioyment Relations Act to accomplish said objective. ARTICLE 2 - DEFINTTIONS 2.1 Coilective Bazgaining. The EMPLOYER wilf bargain collectively with the [JNION with respect to rates of pay, hours and conditions pertaining to employment for alt of the employees in the unit hereinbefore set forth. 2.2 Discrimination. Ti�e EMPLOYER will not interfere with, restrain or coerce the employees cavered by this AGREEMENT because of inembership in or activity on behalf of the LJI3ION. 'The EMPLOYER will not discriminate in respect to hire, tenure of employment or any term or condition of employxnent against any employee covered by this AGREEMENT because of inembership in or activity on behalf of the LJI3IO23, nor wili it discourage or attempt to discourage membership in the iTNION, or attempt to encourage membership in another Union. • ARTICLE 2 - DEFINITIONS (Continued) 23 This AGREEIvIENT shall designate and define benefits with the exception of pension benefits that shalt be granted to the employees by the EMPLOYER. If subsequent ta tius AGI2EEMENT, any governing body passes a provision which shall create a cost benefit for a employee in this unit, the cost of such benefit shall be paid by ttie empIoyee until sucfi time as the responsibility of the cost is subsequently negotiated. This pmvision shall not compel either party to reopen negotiations during the course of an existing contract. ARTICLE 3- MAINTENANCE OF STANDARDS 3.1 The parties agree that all condiYions of employment relating to wages, hours of work, overtime, differenfials, vacations, and aIl other general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul, (Resolufion No. 3250) and the Saint PauI Satary Plan and Rates of Compensation at the time of the signing of this AGREEMENT, and the conditions of employment sha11 be impmved wherever specific provisions for improvement are made elsewhere in this AGREEMENT. C� ARTICLE 4- CHECK OFF AND ADMINISTRATIVE SERVICE �'EE � 4.1 Dues. The EMPLOYER agrees to deduct the iJNION membership dues once each month from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the EMPLOYER by a repzesentative of the LJNION and the aggregate deductions of all employees shali be remitted together with an ifemized sfatement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 4.2 Fairshare. Any present or future emplogee who is not a required to conYribute a fair share fee for services rendered by the iJNION. Upon notification by the LTNION, the EMPLOYER shail check off said fee from the eamings of the employee and traz�smit the same to the UNiON. In no instance shail the required contribution exceed a prorata share of the specific expenses incurred for services rendered by the representative in relationslup to negotiations and administration of grievance procedures. This provision sha11 remain operative only so long as specifically provided by Minnesota law and as otherwise legal. _ _ __. _ .. - 4.3 The IJNION wi11 indemnify, defend and hold the EMPLOYER hazmless against any claims and all suits, orders or judgments brought or issued against the EMPLOYER, its officers or empioyees, as a resuit of any action taken or not taken by the EIvIPLOYER under the provisions of this section. . P7 dl-�o3 ARTICLE 5 - UNION RIGHTS � 5.1 The UNION may designate employees within the bargaining unit to serve as Union Stewazds. 5.2 The [JNIOI�i shali fumish the EMPLOYER and appropriate deparnnent heads with a list of Stewards and alternates, and shall, as soon as possible, notify said appropriate City officials in writing of any changes thereto. Only those who aze Stewazds shall be recognized by the EMPLOYER for the purpose of ineetings. ARTICLE 6 - MANAGEMENT RIGHTS 6.1 The LJDt10N recognizes the right of the EMPLOYER to operate and manage its affairs in all respects in accordance with appiicable laws and regulations of appropriate authorities. The rights and authority which the EMPLOYER has not officially abridged, delegated, or modified by this AGREEMENT aze retained by the EMPLOYER. 6.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but aze not limited to, such areas of discretion or policy as the funcfions and programs of the EMPLOYER, its overa.11 budget, utilization of technology, and organizational structure and selection and direction • and number of personnel. ARTICLE 7 - DISCIPLINE 7.1 The EMPLOYER will discipiine employees for just cause only. Discipline will be in the fotm of: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 7.2 Employees and the iJNION will receive copies of written reprimands and notices of suspension and dischazge. 73 Dischazges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee andJor iJNION may request, and shall be entitied to a meeting with the Employer Representative who nutiated the suspension with intent to dischazge. During said five (5) day period, the EMPLOYER may affirm the suspension and discharge in accordance with the grievance procedures of this bazgaining agreement or may modify, or withdraw same. C J ARTICLE 8- HOURS, OVERTIME PAY 8.1 Hours of Employmenf: The assigned normal work day shaIl be % fiours exclnding ,5 hour for lunch in any riventy-four hour period aad 44 hours in any seven-day period. (For employees on a shift basis, this shall be conslrued to mean an average of forty hours a week.} The norniai work week shall consist of five consecutive normal work days. 8.2 Notwithstanding Article 8.1, a Department Head and the Union may mutually agree in writing to establish a normal work day of ten (10) consecutive hours, exciuding a tturiy (30) minute lunch period, and a normai work week of four (4) consecutive work days in a seven (7) calendar day period. A Department Head may uuilateralty cease a ten (10) hour work day, fout (4) day work week with five (5) working days notice to the Union if such a schedule does nat meet the operating needs of the affected Department. 8.3 Cali-in-Pay: When an empIoyee is called to work he shall receive two hours' pay if not put to work. If he is cailed to work and commences work, he shatl be guazanteed four hours pay. These pxovisions, however, shall not be effecrive when work is unable to proceed because of adverse weather conditions. � 8.4 Overtime: Time on the payroll in excess of the normal hours set forth above shall • be "overtime work" and shall be done only bq order of tiie head of the departrnent. Overtime wilI be assigned based on a rotating opportunity preset-set by class seniority among all eligible personne� in the affected division having the skills necessary for the job. In the beginning of each calendar yeaz, the rotation for overtime opportunities will begin with the most senior employees. The individuai may accept or decline. The nea�t opportunity for overtime will go to the nea�t the the Iist who may accept or decline. This wilI continue until the end of If an employee is bypassed for overtime to wluch he/she would have been entitled, the employee will have the opportunity, whenever possible but subject to supervisory approval, to ma[ce up the overtime before the end of the nea�t payrolI period, at a time convenient to tke employee. The EmpIoyer reserves the right to deviate from the aforementioned process in emergencies or in such situations where fotlowing such process would be detrimental to the operation of the affected unit Class seniority shalI be the determining factor in shift assignment, however, the Employer will not be required to accept the most senior biddet or io assign the least senior employee whea considering such factors as the duration of assignment and the productivity needs of the affected unit. • Quati£cations witi be deternuned by the Employer based on requirements of the job, actual job performance and Civil Service certification. 4 0�� pD3 ARTICLE 8- HOURS, OVERTIME PAY (Continued) � 8.5 An empioyee shail be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one half basis for such overtime work. The basis on which such overtime shali be paid shall be determined solely by the EMPLOYER. ARTICLE 9- TOOL INSURANCE AND CLOTHING 9.1 The EMPLOYER will provide five changes of coveralls or five changes of shirts and pants per week. The Department shall substitute coveralls for shirts and pants and vice versa at the employee's request. Employees may request such substitution no more than two times within a calendaz yeaz. 9.2 Employees in the following classifications; Vehicle Maintenance Worker (Heavy), *Vehicle Maintenance Worker (Light), Marina Mechanic, Welder, Mechanic-Welder, Equipment Repairer, Vehicle Mechanic, Auto Body Repairer, Vehicle Mechanic Lead Worker, and Vehicle Mechanic (Heavy Truck & Equipment), shall receive a Tool and Shoe Allowance in the following manner. 9.2(A) Employees designated in section 9.2 and on the payroll as of July 1, 2001 shall be paid a Tool and Shoe allowance in the amount of riuo-hundred thiriy-seven doilars and fifty cents ($237.50) for the year 2001. Effective January 1, 2002, employees must be on the payroll as of 3anuary 1 of each year in order to receive a Tool and � Shoe allowance of four-hundred seventy-five ($475.00) dollars. Employees not on the payroll as of January 1 of each yeaz will receive no allowance until the following January 1. 9.2(B) Employees need to keep an accurate, up-to-date inventory of tools kept at the worksite. In the event that the entire tooi set is stolen or if the worksite itself is damaged and the tools are not salvageable, the Employer agrees to replace the tools, in excess of $475.00, that aze listed on the inventory previous to the date of the event. Initiating and updating the inventory is to be done on the employee's own time. 9.3 Article 93 shall oniy apply to those employees not holding a designated titie in 9.2 above. 9.3(A) Effective July 1, 2001, the BMPLOI'ER agraes to pay $37.50 towazd the cost or repair of safety shoes purchased by an employee who is a member of this unit. Effective 3anuary 1, 2002 the EMPLOYER agrees to pay $75.00 towazd the purchase or repair of safety shoes purchased by an employee who is a member of this unit The Employer shall contribute toward the purchase or repair of one pair of shoes per calendar yeaz and shall not be responsible for any additional cost for any shoes or repairs thereafter. This reunbursement shall be made only after investigation and approval by the immediate supervisor of that employee. The EMPLOYER contribution shall apply only to those employees who are required to weaz protective shoes or boots by the EMPLOYER. Employees may carry over up � to $75.00 per year to a total of $150.00 should an employee not utilize the benefit during a previous calendaz year. ARTICLE 9- TOOL INSURANCE AND CLOTHING (Continued} � 9.3(B) Effective January 1, 2003, the size of tool allowance and safety shoe reimbursements shall increase on the first day of each yeaz of the contract by the same percentage amount as the generai increase. ARTICLE 10 - JURY DUTY 10.1 Any employee who is required during his regular working hours to appear in court as a juror or witness except as a witness in his own befialf against the City, shaIl be paid his regular pay while he is so engaged, provided however, ttiat any fees that the employee may receive from the court for such service shall be paid to the City and be deposited with the City. Any employee who is scheduled to work a shift, other than the normal daytime shift, shail be rescheduled to work the normal daytime sluft during such time as he is required to appeaz in court as a juror or witness. ARTICLE 11- LEGAL SERVICES ll.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, or indifference to rights of others, the EMPLOYER shatl defend, save hazmless and indexnnify an employee against tort claim or demand whether groundless or otherwise arising out of alleged acts or omission occurring in the performance or scope of the � employee's duties. 11.2 (whether or not litigation was actually commence ," employee. - Notwithstanding the provisions of Section 1 I.1, the Employer shall not be required to defend or indemnify any employee against personal liability, or damages, costs or expense (a) resulting from a claim, suit, verdict, finding, determination or judgment that the empioyee has committed an intentional tort or torts, including but not limited to slander, libel and(ar other defamatory hamis; or (b) arising out of cross claims, counterclaims, affirmative defenses, and/or separate actions brought against such to or resulting from claims, allegations, demands or actions 113 Notwithstanding the provisions of Section I I.I or 11.2, the Employer may at its sole discretion defend an employee against atlegations, claims, demands or actions wholly or in part based on or arising out of claimed intentional torts, and in such cases, the employee consents to the e�ttent lawfully permitted to such representation without regard to actual or potentia[ conflicts of interest. 11.4 Each empioyee, within 20 @ays after receiving notice of (1) a tort claun or demand, acUon, suiY or proceeding against him or her, and (2) a judgment, verdict, finding or determination, either of which arises out of alieged or found acts or omissions occurring in the performance or scope of the employee's duties, shall notify the City by giving � writtea notice thereof to the City Clerk. C� �l-S'fl3 ARTICLE 12 - CITY MILEAGE • 12.1 Automobite Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrafive Code, as amended, pertaining to reimbursement of City officers and employees for the use of their antomobiles in the performance of their duties, the foilowing pzovisions aze adopted. 12.2 Method of Computation: To be eligible for such reimbursement, all officers and emgloyees must receive written authorization from the Departrnent Head. When an empioyee is required to use his/her personal automobile to conduct authorized City business, the City shall reimburse the employee at the then current Federal I.R.S. auleage reimbursement rate on the most d'uect route. (Curreirt IRS mileage rate for 2001 is $034.SImile.} 12.3 The City will provide parking at the RiverCentre Parking Ramp for City employees who are required to have their personal caz available for City business. Such parking will be provided only for the days the empioyee is required to have his or her own personai car available. ARTICLE 13 - ACTIVE EMPLOYEE INSURANCE 13.1 The insurance plans, premiums for coverages and benefits contained in the insurance • plans offered by the Empioyer shall be solely controlled by the contracts negotiated by the Employer and the benefit providers. The Employer will attempt to prevent any changes in ihe benefits offered by the benefit providers. However, the employees selecring the offered plans agree to accept any changes in benefits which a specific provider implements. The Employer's Cafeteria Plan Document and IRS rules and regulations shall govem the Empioyer provided health and welfare benefit program. 13.2 For the purpose of this Article, fuli-time employment is defined as appearing on the payroll an average of at least 32 hours per week for the immediately preceding twelve (12) month period ending 3une 30th. Three-quarter time employment is defined as appearing on the payroll an average of at least 26 houzs per week but less than 32 hours per week for the immediately preceding twelve (12) month period ending June 30th. Half-time employment is defined as appearing on the payroll an average of at least 20 hours per week but ]ess than 26 hours per week for the immediately preceding twelve (12) mottth period ending June 30th. The above detemunation shall exclude periods of layoff and approved unpaid leave of absence when the employee returns to the same position and employment condition. � The Empioyer shali determine the time status of a new or changed position based on the above definitions as to fulS-time, three-quarter or half-time employment. 7 ARTICLE 23 - ACTIVE EMPLOI'EE INSURANCE (Continued) 133 Effective for the January 2, 2002 insurance premiums, for each eligible employee covered � by this agreement who is employed fiill time and who selects single health insurance coverage provided by the Employer, the F.mployer agrees to contribute, $260.00 per month towazd the cost of single heaith insurance coverage under the "Cafeteria Plan." If the increase in the singie premium is greater than $28.51, the Emgioyer wiH contribute up to an additionat $11.44 per month. Any increase in the single premium greater than the additional $11.49 per month, the Employer will contribute 50% of that additional amount per month. For three-quarter time employees the Employer's contribufion shall be Yhree- quarters of the full-tune contribution. For half-time employees the Employer's contribution shalI be one-half of the full-time contribution. Effective for the January i, 2002 inc�r�nce premiums, for each eligible employee covered by this agreement who is employed fuil titne and who selects family health insurance coverage provided by the Employer, the Employer wiIl contribnte the 2001 contribution pins 60% of the family premium increase in 2002 up to $60.00. If the 2002 family premium increase exceeds $100.00 the City wiIl pay 40% of the excess increase. For three-quarter time employees the Employer's contribu6on of family health caze coverage shall be adjusted to three-quarters of the full-time contribution. For half-time employees the Employer's contriburion of famiiy health care coverage shall be adjusted to one-half of the fuli-time contribution. 13.4 Effective for the January 1, 2003 insurance premiums, for each eligible employee covered � by this agreement who is employed fu11 time and who selects singie employee healtti insurance coverage provided by the Employer, the Employer agrees to contribute, tiie 2002 premium plus any increase in the 2003 single health insurance premium up to forty- five dollazs ($45.00) per month. If the single heatth insurance premium increase for 2003 exceeds forry-five doilars ($45.00) per month, the Employer will contribute 50% of the amount over forty-five ($45.00) dollazs. For three-quarter time employees the Employer`s contribution shall be three-quarters of the full-time contribution. For haif-tune employees `--- '—�i�_vP*'....W.�ontribution shatl be one-half of the fuli-time contribution. Effective for the January 1, 2003 insurance piemiums; for each eligible employee covere by this agreement who is employed full time and who selects family healih insurance coverage provided by the Employer, the Employer will contribute the 2002 family contribution minus $1.65 (the contribution for life insurance is moved to Art. 13.5.) pius 65% of the family premium increase in 2003 up to $71.50. If the 2003 family premium increase exceeds $1 I 0.00, the City wiil pay 40% of the excess increase. Far three-quarter time employees the Employer's contribution of faznily health care coverage shall be adjusted to aa amount equal to 75% of #hg contribution for the full-time employees per - _. month. For half-time employees the Employer's contrifiiition of family health care - coverage shall be adjusted to an amount equal to 50% of the contribution for the full-time employees per month. If in any year the number of pians increases, the increase will be based on the average S premium. r ;i ARTICLE 13 - ACTIVE EMPLOYEE INSURANCE (Continued) • 13.5 Effecfive in 2002, under the "Cafeteria Plan,° all benefit eligible employees (i.e. 40 hrsfpay period or more), regazdless of the number of average hours worked must select at least single coverage hospital-medical insurance and employee life insurance in an amount of $5000. Any unused portion of the Employer's coniribution for which an empioyee is eligible shall be paid to the employee as taxable income. Such payment will be made during tbe month of Ianuary foliowing the Plan yeaz. For employees who terminate their employment with the City of Saint Paul, such payment shall be made during the month of January following the Plan year. Effective in 2003, the City agrees to contribute the cost of $SQOO.00 life insurance. 13.6 The insurance benefits provided under this Article shali not apply to temporary or provisional employees. ARTICLE 14 - RETIREE INSITRANCE 14.1 Fuil-time eligible employees must meet the following conditions at the time of retirement in order to be eligible for the Employer contribution toward the hospital-medical insurance program offered by the Employer. � 14.11 Have completed at least twenty (20) years of full time consecutive service with the City of Saint Paul or after I S years of consecutive service for employees who become disabled and aze eligible for a disability pension from a retirement fund to which the City of Saint Paul has contributed. Employment with School District #625 will not be counted toward the service requirement for empioyees hired after 47/01/97 toward years of service for retiree health eligibility. ANA Be receiving a pension from a retirement fund to which the City of Saint Paul has contributed. 34.2 For employees who were hired prior to July 1, 1975 and who, at the fime ofretirement, meet the eligibility requirements set forth in Article 14.1.1, the Employer agrees to contribute, for the life of the retiree, the following: The full cost of ihe least expensive single premium for hospital-medical insurance offered by the Employer. � L•� ARTICLE 14 - RETIREE INSURANCE (Continued) 14.3 For employees who were Yured on or after July 1, 1975, and who, at the time of retirement, meet the eligibility requirements set forth in Article 14.1.1, or after 15 years of consecutive service for employees who become disabled and are eligible for a disability pension from a retirement fund to wluch the Ciry of Saint Paul has contributed, the Employer witl provide, for the tife of the retiree, the full premiinn cost of the least expensive single health insurance coverage provided by the Employez at the time the employee retizes. The City's contribution level shall remain constant, except that such contribution level shali be refigured at the full cost ofthe least expensive premium offered by the Employer at the time the retiree reaches age 65, if such date is after the date of retirement. For employees who retire and do not meet the requirements in 14.1 through 143 above at the time of their retirement, the Employer wiA discontinue providing any health insurance contributions upon their retirement. 14.4 Employees who retire, but who do not meet the eligibility requirements set forth in 14.1.1, may purchase single or famiIy health insurance coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by ttie retiree. � U 14.5 A retiree's participation in the City's health insurance plan must be continuous. The retiree must be participating in a City heaith insurance pian at the time of retirement. If a � retiree chooses not to pazticipate at the time of his/her retirement or if a retiree discontinues his/her participation at a laYer date, such retiree wil] not be eligible for any future participation or for any Empioyer conuibution. 14.6 In the event of the death of a retiree who is participating in the City's health insurance program, the surviving spouse or dependent of the deceased may continue to participate in the Ciry's heaith insurance plan at his/her own cost. Eligibiliry to conunue to participate shall ternunate when such spouse or dependent remarries or becomes eligible ARTICLE 15 - HOLIDAYS 15.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Year's Day Labor Day Martin Luther King Day V eterans' Day Presidents' Day Thanksgiving Day Memarial Day Day after Thanksgiving Independence Day Christmas Day Two floating holidays � 10 �y i�I � � ARTICLE 15 - HOLIDAYS (Continued) Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. On holidays that the employee does perform work, the employee will be compensated at time and one-half for the hours worked, in addition to the holiday pay. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shatl 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. Two floating holidays shall continue to be effective for 2001. Effective with the 2002 IRS payroll year, floating holidays will be elinunated and two days shall be added to the vacation schedule. 15.2 The floating holidays set forth in Section 15.1 above may be taken at any time during the fiscal year, subject ta the approvai of the department head. For the purpose of this articie the "fiscal yeaz" shall be the IRS payroll reporting year. 153 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 payrol] for that pay period. The amount of holiday time earned shall be based upon the number of non- holiday hours paid to the employee during that pay period. Paid hours shall include hours actually worked, vacation tune, compensatory time, paid leave and sick leave. ARTICLE 16 - VACATION 16.1 In each calendaz yeaz, each fu11-fime empioyee sha11 be granted vacation according to the following schedule: Years of Service Less than 8 years After S yeazs thru 15 years After 15 yeazs and thereafter Vacation Granted I S days 20 days 25 days Effective with tt�e 2002 IRS payroil year, the following vacation schedule shall apply: Years of Service Less than S yeazs Af[er 8 years thru 15 years After IS years and thereafter Vacation Granted 17 days 22 days 27 days 16.2 Employees who work less than full-time shali be granted vacation on a pro rata basis. 163 The head of the department may permit an employee to cazry over into the following vacation yeaz up to one hundred twenty (120) hours of vacation. 16.4 The above provisions of vacatiott shall be subject to the Saint Paul Salary Plan and Rates • of Compensation, Section I, Subdivisaon H, unless the contract provisions directly conflict with the Salary Plan. In such cases, the language of the contract shall supercedefreplace the conflicting language of the Salary Plan. 11 ARTICLE 16 - VACATION (Continued) 16.5 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 to vacation at the rate of one-half day's vacation for each day of sick leave credit. 16.6 The maximum number of days' vacation allowed by the conversion of sick leave credits shall be no more than five days in any one yeaz so that the maximum vacation time which may be taicen in any one year shail be forty-five (45} days inciuding the regulaz vacation period. ARTICLE 17 - GRIEVANCE PROCEDURES 17.1 The EM2'LOYER shall recognize stewards selected in accordance with LTNION rules and regulations as tfie grievance representative of the bazgaining unit. T'he LTDtION shall notify the EMPLOYER in writing of the names of the Stewazds and of their successors when so named. � i 7.2 It is recognized and accepted by ttie EMPLOYER and the ITNION 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 empioyee duries and responsibilities. The steward involved and a grie��ing employee shall suffer no loss in pay when a grievance is processed during • working hours, provided, the stewazd and the employee have notified and received the approval of their supervisor to be absent to pmcess a grievance and that such absence would not be detrimental to the work ptograms of the EMPLOYER. 173 The procedure established by this Article shall be the sote and exclusive procedure for the processing of grievances, which aze defined as an alleged violation of the terms and conditions of tlus AGREEMENT. Grievances 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 empioyee's satisfaction by the informai discussion it may be reduced to writing and refened to Step 2 by the [JNION. The written grievance shall set forth the nature of the grievance, the facts on wIuch 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 UI3IQIQ within seven (7) calendar days of the first occurrence of the event giving rise io the grievance or within the use of reasonable diligence should ttave had knowledge of ttte first occturence of the evenY giving rise to the grievaztce, shall be considered waived. C� 12 �t-��3 ARTICLE 17 - GRIEVANCE PROCEDURES (Continued} � Step 2. Within seven (7) calendar days after receiving the written grievance a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains nnr esolved, the EMPLOYER shall reply in writing to the TJNION within seven (7) calendaz days foliowing flus meeting. The iJNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the tJrIION within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or his designated representafive and attempt to resolve the grievance. Within seven (7) calendaz days following this meeting the EMPLOYER shall reply in writing to the iJNIOIV stating the EMPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the iJNION may refer the grievance to Step 4. Any grievance not refened to in writing by the iJNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYEIt'S answer shail be considered waived. Optional Mediation Step � 1. If the grievance has not been satisfactorily resoived at Step 3, either tlae Union or the Empioyer may, within ten (10) calendaz days, request mediation. If the parties agree that the grievance is suitable for mediation, the parties shal] submit a,}oint request to the Minnesota Bureau of Mediation Services for the assignment of a mediator. Grievance mediation shall be completed within 30 days of the assignment. 2. Grievance mediation is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to azbitration shall be delayed for the period of inediation. 3. The grievance mediation process shall be informal. Rules of evidence shali 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 recommendarion for settlement. Either party may request that the mediator assess how an arbitrator might rule in this case. � 5. The grievant shali be present at the grievance mediation proceeding. If the grievance is resolved, the grievant shall sign a statement agreeing to accept the outcome. Unless the parties agree otherwise, the outcome shall not be precedential. 13 ARTICLE 17 - GRIEVANCE PROCEDURES (Continued) � 6. If the grievance is not resolved and is subsequently moved to azbitration, such proceeding shall be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resolution or offers of settlement may be used or referred to during azbitration. Step 4. If the grievance remains unresolved, the IJNION may within seven (� calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOI'ER, requesc azbitration of the grievance. The azbitration proceedings shall be conducte@ by an arbitrator Lo be selected by mutuai ageement of the EMPLOYER and the iJNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an azbitrator witfiin the said seven (7) day period, either parry may request the Public Employment Relation Boazd to submit a panel of five (5) arbitrators. Both the EMPLOYER and the IJNION shail have the rigfit to strike two (2} names from the paneI. The IINION shall strike the first ( l st) name; the EMPLOYER shall then strike one (1) name. 'The grocess will be repeated and the rema;n;ng person shall be the arbitrator. 17.4 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The azbitrator shall consider and decide onIy the specif c issue submitted in writing by the EMPLOYER and the tTNTON and shall . have no authority to make a decision on any other issue not so submitted. The arbitrator shalI 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 tkirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an eactension. The decision sha1I be based solely on the azbitrator s interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the azbivator shall be final the UTRON and the employees. — -- - ---- -_ 17.5 The fees and expenses for ihe arbivator's services and proceedings shaII be borne eqnally by the EMPLOYER and the LTNION, provided that each party shaII be responsible for compensating its own representatives and witnesses. Tf either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 17.6 _ The time limits in each step of this proce@ure may be extended by mutual agreement of _ _..._..._,. the EMPLOYER and theUNION: - - _ . u 14 0l-$�3 ARTICLE 18 - SAVINGS CLAUSE � 18.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of St. Paul. In the event any provision of this AGREEMENT shall hold to be contrary to law by a court of competent}urisdiction from who final judgment 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 effeci. ARTICLE 14 - SEVERANCE PAY 19.1 Generat. The Employer shall provide three (3) severance pay plans as set forth in this Article. The manner of payment of such severance pay shatl be made in accordance with the provisions of Ciry Ordinance No. 11490. This severance pay program shall be sub}ect to and governed 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 article shall control. 19.2 Eligibility. An employee may, in any event, and upon meeting the qualifications of this article or Ciry Ordinance No.11490, as amended by City Ord'anance No. 16303, section 1, section 6, draw severance pay. However, an election by an employee to draw severance pay under either this article or the ordinance shall constitute a bar to receiving severance pay from the other. Employees appointed prior to July 1, 1989, to a titie covered by this • agreement who meet the qualifications as defined in Severance Pay Pian 2 or Plan 3, may elect to draw severance pay from either P1an 2 or Plan 3. Employees hired on or after July 1, 1989 shall be covered by the provisions of Plan 3. To be eligible for the severance pay program, an employee must meet the following requirements: 19.3 Plani. Plan 1 is the severance pay plan described in Ordinance No. 11490, as amended by Ordinance No. 16303. 19.4 Plan 2. In addition to the eligibility requirements set forth in 19.2, an employee must meet the following requirements to receive a benefit under Plan 2: 19.4.1 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Public Employees Retirement Association (PERA). � 15 ARTICLE 19 - SEVERANCE PAY (Continued) 19.4.2 The employee must be voluntarily separated from City employment or have been subject to separation by lay-off or computsory retirement. Those employees who aze dischazged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City Severance pay program. For the purpose of this severance program, a death of an employee shaIl be considered as separation of employment, and if the employee would have met ail of the requirements set forth above, at the time of his or her death, paymeni of the severance pay may be made to the employee's estate or spouse. For the purposes of fhis severance program, a transfer from the City of Saint Paul employment to Indepenc3ent School District No. 625 empIoyment is not considered a sepazation of employment, and such transferee shati not be eligible for the City severance program. I9.4.3 The empIoyee must have at Ieast ten (10) yeazs of service under the classified or unclassif ed Civil Service at the time of sepazation. Employment with School District #625 will not be counted toward the service reqnirement for employees hired after July 1, 1997. � 19.4.4 The employee must file a waiver of reemployment with the Director of Human Resources, wIuch will cleazly indicate that by requesting severance pay, the employee waives a11 elaims to reinstatement or reemployment (of any type), with the City. � 19.4.5 The employee must have accumzilated a minimum of sixty (60) days of sick leave credits at the time of lus separation from service. 19.4.6 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she wiii 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 sepazation for each day of accrued sick leave subject to a ma�imum of 200 accrued sick leave days subject to a ma�cunum of $6,500.00. 19.5 Plan 3. In addition to the eligibility requirements set forth in 19.2, an employee must meet the foIlowing requirements to receive a benefrt under Plan 3: 19.5.1 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Public Emptoyees Retirement Association (PERA). 19.5.2 The employee must be voluntarily separated from City employment or have been subject to separation, lay-off or computsary retirement. Those emp�oyees who aze discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the City severance pay program. For the purpose of tlus severance program, a death of an employee shall be • considere�i � s�z:a:i^n of employment, and if the employee wonld have met all of the requirements set forth above, at the time of his or her deati�, payment of the severance pay may be made to the employee's estate or spouse. 16 ARTICLE 19 - SEVERANCE PAY (Continued) � r� U Q`-gr�3 19.5.3 The employee must file a waiver of reemployment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type), with the City. 19.5.4 The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of his/tiez separation from service. To qualify for $10,000, the employee must have an accumulated balance of at least one hundred (100) days of sick leave credits at the time of his(her separation from service. 14.5.5 If an employee 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 macimum of as shown be]ow based on the number of yeazs of service with the City. Years of Service Mazimnm with the City Severance Pay At Least 20 $5,000 21 $5,500 22 $6,000 23 $6,5�0 24 $7,000 25 $10,000 ARTICLE 20 - WAGE SCHEDULE 20.1 20.2 20.3 • The wage schedule for putposes of this contract sha11 be Appendix A, attached hereto. The Vehicie Mechanic Leadworker rate will be $1.02 per hour higher than the Vehicle Mechanic rate. The Welder Leadworker rate will be $.29 per hour higher than the Welder rate. 17 ARTICLE 20 - WAGE SCHEDULE (Continued) 20.4 Emptoyer shail avoid, whenever possible, working an employee on an aut-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifreen (15) consecutive working days during a year shall zeceive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth ( I6) day of such assignment. For purposes of this Article, an oui-of-ciass assignment is defined as an assignment of an employee to perform, on a full-time basis, all of the significant duties and responsibilities of a position different from the employee's regulaz posirion, and which is in a classification higher than the classification held by such employee. The rate of pay for an approved out-of-class assignment shall be the sazne rate the empioyee wouId receive if such employee received a regulaz appointment to the higher classification. ARTICLE 21- STRIKES, LOCKOUTS, WORK TNTERFERENCE � 21.1 The IJNION and the EMPLOYER agree that there shall be no strikes, work stoppages, slow-downs, sitdown, stay-in, or other concerted interference with the EMPLOYER'S business or affairs by any of the said LTNION and/or ttie members thereof, and there shall be no bannering during the existence of this AGREEMENT without first using all possible means of peaceful settlement or any controversy which may arise. Employees engaging in sune shall be liable for discipfinary action. . ARTICLE 22 - SICK LEAVE 22.1 Sick Leave With Pay. During any period in which an employee is absent from work on sick leave with pay, the employee shall not be employed or engaged in any occupation for compensation outside of his regulaz city employment. Violation of the provision of this pazagraph by any employee shali be grounds for suspension or discharge. ' s illness or disability of an employee's child, the Employer shall grant leave of absence in accordance w� e . be dedu from the employee's accumulated sick leave credits. If tke employee has no accumulz sick leave credits, such leave shali be granted without pay. 223 In the case of a serious illness or disability of an employee's dependent, parent or household member, other than a chiId, the head of the department shail grant leave with pay in order for the employee to care of or make arrangements for the cate of such disabied persons. Such leave sha11 be drawn from the employee's accumulated sick leave credits. Use of such sick leave shall be limited to forty (40) hours per incident. . 18 pl-g�3 ARTICLE 23 - MATEItNITY LEAVE � 23.1 Matemity Leave. Matemity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the EMPLOYER may approve such leave at its opfion, and such leave may be no longer than one (1) year. ARTICLE 24- LAYOFF AND BUMPING 24.1 As of the effective date of this Agreement, all Vehicle Mechanics and Vehicle Mechanics (Heavy Truck & Equipment) in all Departments other than Fire and Police shall be considered Vehicle Mechanics (Heavy Truck 8c Equipment). Further, Vehicle Mechanic (Heavy Truck & Equipment) class seniority shail be based on all continuous time served in regular or probationary status as a Vehicle Mechanic and Vehicle Mechanic (Heavy Truck & Equipment) since the last date of appointment to either class. 24.2 For purposes of layoff the Employer shall determine the location and number of employees to lay of£ Upon the effective date of layoff, a Vehicle Mechanic (Heavy Truck & Equipment), Vehicle Maintenance Worker (Heavy) and Welder may bump the ]east senior Vehicle Mechanic (Heavy Truck and Equipment), Vehicle Maintenance Worker_ (Heavy), and Welder, respectively, Citywide, excluding the Police and Fire . Departments and Independent School District No. 625. An employee exercising a bump across Department lines shall serve up to six (6) months probation in the Department to which he/she bumps. An employee who does not pass probation shall be laid off: The provisions of this section shail not be subject to Article 17, Grievance Procedure. 243 In the event that the Employer merges gazage operafions, the seniority lists of the affected classes for rhose merged operations only shall be merged. . 19 St°$D3 `J ARTICLE 25 - DURATION AND EFFECTIVE DATE 25.1 The Employer and the Union acknowledge that during the meeting and negofiatittg which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of ttus right aze fully and compietely set forth in ttris agreement. Any and all prior agreements, resolutions, practices, policies or rules or regulations regarding the terms and condirions of employment to the e�ctent they aze inconsistent with this Agreement are hereby superseded. In those azeas where Civil Service Rules are not inconsistent with this Agreement the Civil Service Rules shall continue to be in effect. 25.2 Except as herein provided, this Agreement sha11 be effective as of the date it is executed by the parties and sha11 continue in full force and effect through December 31, 2003 and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend, or modify this Agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1984. Any retroactiviry shall be owed only to employees who continue to be employed by the City at the time this Collective Bazgaining Agreement is signed by the Union. 25.3 This constitutes a tentative agreement between the parhies which will be recommended by the Director of Labor Relations, but is subject to the approval of the Administration of the a City, the City Council and is also subject to ratificafion by the Union. WITNESSES: . CITY OF SA1NT PAUL BY: � � T Haltiner Labor Relations Manager Date, �] Z �� v DISTRICT LODGE N0. 77, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO BY• ��"� -. Gary chmidt Business Representative Date: 5 U 20 APPENDIX A The Wage increases agreed to by the Union and Employer aze: A two and three-quarters percent (2.75%) across the board increase as of, September 22, 2001, a three percent {3.0%) across the board increase as • of October 5, 2002 and a three percent (3.0%) across the boazd increase as of December 28, 2002. The wage rates and salary ranges for classifications in tius unit aze shown below: Auto Body Repairer Machi�ist Mechanic Weider Toolmaker-Water Utility Vehicie Mechanic Vehic4e Mechanic (Hvy Tr & Eq} Vehicie Mechanic Lead Worker Welder Welder �eadworker r1 � � J Equipement Repairer Fire Building Repairer Fire Equipement Servicer Marina Mechanic Traffic Mtnc Worker prior to 7/1 /91 Traffic Mtnc Worker after 7/'it91 Vehicie Mtnc Worker (Hvy) prior to 7/1f91 Vehicle Mtnc Worker (Hvy) after 7/1/91 "Vehicle Mtnc Worker (Light} Part Runner Comm Tech Helper First Third Fourth Fifth Sixth Seventh Eighth Start 9/22l01 10/5/02 12/28/02 $11.90 $12.26 $12.62 $12.94 $13.32 $13.72 9/22/01 $ 2'129 $ 21.29 $2129 $ 23.00 $ 21.29 $2129 $ 22.31 $ 2129 $ 21.58 9/22/01 $ 18.00 $ 18.00 $ 18.00 $ 17.67 $ 1&AO $ 16.44 $ 18.00 $ 15.87 $ 16.89 10/5/02 $ 21.93 $ 21.93 $ 21.93 $ 23.69 $ 21.93 $ 21.93 $ 22.95 $ 21.93 $ 2222 Start 10/5/02 12l28/02 $18.54 $ 19.10 $18.54 $ 19.10 $18.54 $ 19.10 $18.20 $ 18.75 $18.54 $ 19.10 $16.93 $ 17.44 $18.54 $ 19.10 $16.35 $ 16.84 $17.40 $ 17.92 6 months 9/22/01 10/5l02 12/28/02 $12.56 $13.25 $13.56 $13.23 $13.63 $14.04 Vehicle Mechanic Trainee 2000 hours 60% of the Vehicle mechanic base rate 1000 hours 65% of the Vehicle Mechanic base rate 1000 hours 70°/a of the Vehicle Mechanic base rate 1000 hours 75°/a of the Vehicle Mechanic base rate 1000 hours 80% of the Vehicie Mechanic base rate 1000 hours 85% of the Vehic4e Mechanic base rate 10D0 hours 90°l0 of the Vehicle Mechanic base rate 12l28/02 $ 22.59 $ 22.59 $ 22.59 $ 24.40 $ 22.59 $ 22.59 $ 23.61 $ 22.59 $ 22.88 6 months 9/22/01 $ 18.85 $ 18.85 $ 18.85 $ 'I 8.43 $ 18.85 $ 17.16 $ 18.85 $ 16.59 $ 17.85 10l5lQ2 $ 19.42 $ 19.42 $ 19.42 $18.99 $ 19.42 $ 17.67 $ 19.42 $ 17.09 $ 18.18 1 Zl28/�2 $ 20.00 $ 20.00 $ 20.Q0 $ 19.56 $ 20.00 $ 1820 $ 20.00 $ 17.60 $ 18.73 1 year 9l22(Q 1 10l5l02 12l28l02 $13.87 $14.29 $14.72 $13,87 $14.29 $14.72 Additional.2% for freezing of singie health insurance contribution in 2002 to be added to the title of "Traffic Maintenance Worker after 711l91" in the amount of $.55fhr prior to applying the across the board rate for 2001 �1 ORiGINAL RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented by, Referred To CouncilFile# Ot-�i� Green Sheet # 106849 (5 Committee Date 1 2 3 4 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached July 1, 2001 through December 31, 2003 Labor Agreement between the City of 5aint Paul and District Lodge No. 77, International Associafion of Machinists and Aerospace Workers AFL-CIO. Requested by Deparknent of: Benanav Blak Bos�om Coleman Hams � of Labor Relations Form Appro ed by '�Ttt mey � /\ g `\1 Adopted by CouncIl: Date Adoprion Certified by Council Secretary Approved h�Mayos for Su ission to Commcil By: �_.�\�- � �.�-a.�------- By. /� �� % Approved by Mayor: Date /�(�/,� � j �� DEPARTMENTlOFFlCFlCOOI�fCII.: LAB4R RELATIONS CONTACf PERSON & PHONE: JIJLIE KRAUS 266-6513 MUST BE ON COUNCII, AGENDA SY (DATE) TOTALHOFSIGNATURE ACfION REQUESTED: DATE INITIATED GREEN SHEET No.:106849 6L ��° � July 18, 2001 � ATE LVITIALDATE ASSIGN 1 DEPARTMENT DII2. P 4 CITY COUNCIL NUMBER 2 CI'PY ATfORNEY CITY CLERK FOR BUDCEI' DIIL FIN. & MGT. SERVICE DIR ROUTING 3 MAYOR (OR ASST.) ORDER This resolution approves the attached July 1, 2001 through December 31, 2003 Labor Agreement between the City of Saint Paul and the District Lodge No. 77, International Association of Machinists and Aerospace Workers AFL-CIO. Approve (A) or Reject (R) _PLAIVDIINGCOM�IISSION _CIViLSERVIC£ COMNIISSIOT ` CIB COMMITTEE STAFF D(STRICT COURT SUPPORTS WFRCHCOUNCILOBJECTTVE? PERSONAL SERVICE CONTRACTS Mi3ST AI3SWER THE FOLLOWING QUESTIONS: I. Has th�s persoN£um ever worked under a wntract for this departrnent? Yes No 2. Has thu peison7firm ever been a city employee? Yes No 3. Does this personJfirm possess a skill not noanally possessed by any cursent ciry Yes No E�plain a{I yes ansrvers on separate sheet and attach to green s6eet TNITiATING PROBLEM, ISSUE, OPPOR'TUNl'I'N (Who, WLat, When, Where, Why): Current agreement expired June 30, 2001 ADVANI'AGES IF APPROVED: An agreement in place through Decembez 31, 2003. T'his agreement has been ratified by the union members. DISADVANTAGESIFAPPROVED: �OIIO DISADVAN'fAGES IF NOT APPROVED: No agreement in place - labor unrest. To'rai, anaotm�r oF Txnxsacnon: a FONDIPIG SOORCE: •z: _. �. -; _r%.. � � y COST/RTSVENI7E BUDGETED: AL"I'NI7'Y NUMBER: FINANCL4L INFORMATION: (EXPLAii� a�-P�3 ATTACFIlVIENT TO TI� GREEN SHEET INTERNATIONA.L ASSOCIATION OF MACfIINISTS, DISTRICT LODGE #77 Below is a��mmary of the changes in the Collective Bazgaining Agreement between the City of Saint Paul and the Intemational Association of Machinists, District Lodge #77. Duration: July 1, 2001 through December 31, 2003. Ttus moves this bargaining unit to a calender yeaz schedule. Wages: 2.75% - September 22, 2001 3.0 % - October 5, 2002 3.0 % - December 28, 2002 $.SSfhr added to title of "Traffic Maintenance Worker after 7/1/91". The additional $.55lhour will be added to this classification prior to applying the across-the-board increase for 2001. Tlvs additional increase applied as a result of insurance dollar savings. Health Insurance: The health insurance contribution increase followed the same pattern and language as previously negotiated with other bugaining units. Singles 02 $260.00*. Singles 03 2002 contribution + first $45.00 of increase + 50% of the increase over $45.00 Family 02 $394.88 + 60% of the family increase up to $60.00. If increase exceeds $100.00, the City will pay 40% of the excess. Faznily 03 2002 contribution + 65% of the family increase up to $71.50. If ]ncrease exceeds $110.00, the City will pay 40% of the excess. * This will mean a discontinuation (starting in 2043) in the unused benefit dollaz amount returned to employees at the end of the year and helps to accomplish the City's goai of paying benefit dollars exclusively for benefits. Dollars saved under this proposal were applied to salary dollars. Begimiing in 2003, this bazgaining unit will no longer be receiving unused benefit dollars. All future benefit contributions will go direetly to benefits. Life Insnrance: Effective for 2003, life insurance dollars to be moved out of current benefit dollar package and payment made apart from health insurance dollars. ��fo3 Holidays: Agreed to a change in the process for holiday eligibility determivafion. This change will make the administrarion of holidays easier for Payroll staff. Effective with the 2002 IRS payroll yeaz, floating holidays will be moved into the vacation schedule. Out of Class: Aa eed to Out of Class pay language as found in most other contracts. Payment not required until after 15 consecutive days. Mileage: Agreed to IRS rate for those employees on mileage effective first month after unplementation of collective bazgaining agreement. Misceilaneous: Employees no longer charged Administrafive Service Fee. Grievances relating to terms and conditions of employment to be grieved only through the contract process. Update of class titles eligible for tool allowance. Effective 1!1/03, tool and shoe allowance to be increased the same as the ATB. Agreed to changes in years of service for retiree health insurance from twenty-five non- consecutive to 20 consecutive years or 15 consecutive years if disabled bringing them in- line with other bargaining unit contracts. Other language changes are of a housekeeping naiure for clazification and clean up. Costs: Wages Health Ins. 2001 2002 2003 $70,260.16 $ 4372.80 $71,507.07 actual unlcnown Total $74,632.96 $71,507.07+ins $71,505.07 actual unknown $'71,507.07 + Ins 0\-i'o3 � JULY 1, 2001 THROU��i DECEMBER 31, 2003 LABOR AGREEMENT BETVVEE�T � � _ � � � THE CI'�1' OF SAIN'T PAUL � � � � � � �, . _ �4ND. �� - - � � �. = DISTR��T �T�OD�E_l�U.-?7 : . �, 5 �_ _ - r iNTE�tNATIUNAL A�SUCIATION OF MAGHiNIS'LS AND AEROSPACE WORKER� AFL-CIO �� _ � � . � � � � D� - �°3 n lJ INDEX ARTICLE T'ITLE PAGE 1 Recognition ......................................................1 2 Definitions .......................................................i 3 Maintenance of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Check Off and Aduiinistrative Service Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Union Rights .....................................................3 6 Management Rights ................................................3 7 Discipline ........................................................3 8 Hours,Overtime Pay ...............................................4 9 Tool Insurance and Clothing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 10 Jwy Duty :.......................................................6 I1 LegalServices ....................................................6 12 City Mileage ......................................................7 13 Active Empioyee Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 14 RetireeInsurance ..................................................9 � 15 Holidays ........................................................10 16 Vacation ........................................................11 17 Crrievance Procedures .............................................12 18 Savings Clause ...................................................15 19 Severance Pay ...................................................15 24 Wage Schedule ...................................................17 C� 21 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 22 Sick Leave ......................................................18 23 Maternity Leave ..................................................19 24 Layoffand Bumping ..............................................19 25 Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 AppendixA .................................................... AI i ol-�o� AGREEMENT BETWEEN THE CITY OF SAINT PAUL • AND DISTRICT LODGE #77, INTERNATIONAL ASSOCIATION OF MACI�INISTS AND AEROSPACE WORKERS AFL-CIO This AGREEMENT has been entered into between the City of Saint Paul, hereafter referred to as the EMPLOYER, and District Lodge #77, International Association of Machinists and Aerospace Workers AFL-CIO, hereafter referred to as the IJNION. This AGREEMENT has as its purposes, the promotion of hatmonious relations between the EMPLOYER and the iINION, 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 shail pursue the above objectives in full compliance with the requirements of the Pubiic Employment Labor Relations Act of the State of Minnesota of 1984, as amended. � � ii �l -go3 � ARTICLE 1 - RECOGNITION 1.1 The EMPLOYER recognizes the I7NION as the sole and exclusive bazgauxing agent far the purposes of establishing wages, benefits, hours and other conditions of employment for all of its employees as outlined in the cerCification by the State of Minnesota, Bureau of Mediation Services, dated August 15,1973, in case No. 74-PR-77-A, and as set forth below: All regulaz, probationary, and provisionai vehicle and equipment maintenance personnel who aze employed by the City of St. Paul or who have their "terms and conditions of employment" established by the governing body of the City of St. Paul in the classifications of Auto Body Repairer, Communications Technician Helper, Equipment Repairer, Fire Buildings Repairer, Fire Equipment Servicer, Machinist, Marina-Mechanic, Mechanic-Welder, Parts Runner, Tool Maker - Water Utility, Traffic Maintenance Worker, *Vehicle Maintenance Worker (Light), Vehicle Maintenance Worker (Fieavy), Vehicle Mechanic, Vehicle Mechanic (Heavy Truck & Equipment), Vehicle Mechanic Leadworker, Vehicle Mechanic 5upervisor, Vehicle Mechanic Trainee, Welder and Welder Leadworker, excluding supervisory, confidential, temporary, emergency and employees exciusively represented by other labor or employee organizations. � 12 The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this agreement shall be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Public Empioyment Relations Act to accomplish said objective. ARTICLE 2 - DEFINTTIONS 2.1 Coilective Bazgaining. The EMPLOYER wilf bargain collectively with the [JNION with respect to rates of pay, hours and conditions pertaining to employment for alt of the employees in the unit hereinbefore set forth. 2.2 Discrimination. Ti�e EMPLOYER will not interfere with, restrain or coerce the employees cavered by this AGREEMENT because of inembership in or activity on behalf of the LJI3ION. 'The EMPLOYER will not discriminate in respect to hire, tenure of employment or any term or condition of employxnent against any employee covered by this AGREEMENT because of inembership in or activity on behalf of the LJI3IO23, nor wili it discourage or attempt to discourage membership in the iTNION, or attempt to encourage membership in another Union. • ARTICLE 2 - DEFINITIONS (Continued) 23 This AGREEIvIENT shall designate and define benefits with the exception of pension benefits that shalt be granted to the employees by the EMPLOYER. If subsequent ta tius AGI2EEMENT, any governing body passes a provision which shall create a cost benefit for a employee in this unit, the cost of such benefit shall be paid by ttie empIoyee until sucfi time as the responsibility of the cost is subsequently negotiated. This pmvision shall not compel either party to reopen negotiations during the course of an existing contract. ARTICLE 3- MAINTENANCE OF STANDARDS 3.1 The parties agree that all condiYions of employment relating to wages, hours of work, overtime, differenfials, vacations, and aIl other general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul, (Resolufion No. 3250) and the Saint PauI Satary Plan and Rates of Compensation at the time of the signing of this AGREEMENT, and the conditions of employment sha11 be impmved wherever specific provisions for improvement are made elsewhere in this AGREEMENT. C� ARTICLE 4- CHECK OFF AND ADMINISTRATIVE SERVICE �'EE � 4.1 Dues. The EMPLOYER agrees to deduct the iJNION membership dues once each month from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the EMPLOYER by a repzesentative of the LJNION and the aggregate deductions of all employees shali be remitted together with an ifemized sfatement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 4.2 Fairshare. Any present or future emplogee who is not a required to conYribute a fair share fee for services rendered by the iJNION. Upon notification by the LTNION, the EMPLOYER shail check off said fee from the eamings of the employee and traz�smit the same to the UNiON. In no instance shail the required contribution exceed a prorata share of the specific expenses incurred for services rendered by the representative in relationslup to negotiations and administration of grievance procedures. This provision sha11 remain operative only so long as specifically provided by Minnesota law and as otherwise legal. _ _ __. _ .. - 4.3 The IJNION wi11 indemnify, defend and hold the EMPLOYER hazmless against any claims and all suits, orders or judgments brought or issued against the EMPLOYER, its officers or empioyees, as a resuit of any action taken or not taken by the EIvIPLOYER under the provisions of this section. . P7 dl-�o3 ARTICLE 5 - UNION RIGHTS � 5.1 The UNION may designate employees within the bargaining unit to serve as Union Stewazds. 5.2 The [JNIOI�i shali fumish the EMPLOYER and appropriate deparnnent heads with a list of Stewards and alternates, and shall, as soon as possible, notify said appropriate City officials in writing of any changes thereto. Only those who aze Stewazds shall be recognized by the EMPLOYER for the purpose of ineetings. ARTICLE 6 - MANAGEMENT RIGHTS 6.1 The LJDt10N recognizes the right of the EMPLOYER to operate and manage its affairs in all respects in accordance with appiicable laws and regulations of appropriate authorities. The rights and authority which the EMPLOYER has not officially abridged, delegated, or modified by this AGREEMENT aze retained by the EMPLOYER. 6.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but aze not limited to, such areas of discretion or policy as the funcfions and programs of the EMPLOYER, its overa.11 budget, utilization of technology, and organizational structure and selection and direction • and number of personnel. ARTICLE 7 - DISCIPLINE 7.1 The EMPLOYER will discipiine employees for just cause only. Discipline will be in the fotm of: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 7.2 Employees and the iJNION will receive copies of written reprimands and notices of suspension and dischazge. 73 Dischazges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee andJor iJNION may request, and shall be entitied to a meeting with the Employer Representative who nutiated the suspension with intent to dischazge. During said five (5) day period, the EMPLOYER may affirm the suspension and discharge in accordance with the grievance procedures of this bazgaining agreement or may modify, or withdraw same. C J ARTICLE 8- HOURS, OVERTIME PAY 8.1 Hours of Employmenf: The assigned normal work day shaIl be % fiours exclnding ,5 hour for lunch in any riventy-four hour period aad 44 hours in any seven-day period. (For employees on a shift basis, this shall be conslrued to mean an average of forty hours a week.} The norniai work week shall consist of five consecutive normal work days. 8.2 Notwithstanding Article 8.1, a Department Head and the Union may mutually agree in writing to establish a normal work day of ten (10) consecutive hours, exciuding a tturiy (30) minute lunch period, and a normai work week of four (4) consecutive work days in a seven (7) calendar day period. A Department Head may uuilateralty cease a ten (10) hour work day, fout (4) day work week with five (5) working days notice to the Union if such a schedule does nat meet the operating needs of the affected Department. 8.3 Cali-in-Pay: When an empIoyee is called to work he shall receive two hours' pay if not put to work. If he is cailed to work and commences work, he shatl be guazanteed four hours pay. These pxovisions, however, shall not be effecrive when work is unable to proceed because of adverse weather conditions. � 8.4 Overtime: Time on the payroll in excess of the normal hours set forth above shall • be "overtime work" and shall be done only bq order of tiie head of the departrnent. Overtime wilI be assigned based on a rotating opportunity preset-set by class seniority among all eligible personne� in the affected division having the skills necessary for the job. In the beginning of each calendar yeaz, the rotation for overtime opportunities will begin with the most senior employees. The individuai may accept or decline. The nea�t opportunity for overtime will go to the nea�t the the Iist who may accept or decline. This wilI continue until the end of If an employee is bypassed for overtime to wluch he/she would have been entitled, the employee will have the opportunity, whenever possible but subject to supervisory approval, to ma[ce up the overtime before the end of the nea�t payrolI period, at a time convenient to tke employee. The EmpIoyer reserves the right to deviate from the aforementioned process in emergencies or in such situations where fotlowing such process would be detrimental to the operation of the affected unit Class seniority shalI be the determining factor in shift assignment, however, the Employer will not be required to accept the most senior biddet or io assign the least senior employee whea considering such factors as the duration of assignment and the productivity needs of the affected unit. • Quati£cations witi be deternuned by the Employer based on requirements of the job, actual job performance and Civil Service certification. 4 0�� pD3 ARTICLE 8- HOURS, OVERTIME PAY (Continued) � 8.5 An empioyee shail be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one half basis for such overtime work. The basis on which such overtime shali be paid shall be determined solely by the EMPLOYER. ARTICLE 9- TOOL INSURANCE AND CLOTHING 9.1 The EMPLOYER will provide five changes of coveralls or five changes of shirts and pants per week. The Department shall substitute coveralls for shirts and pants and vice versa at the employee's request. Employees may request such substitution no more than two times within a calendaz yeaz. 9.2 Employees in the following classifications; Vehicle Maintenance Worker (Heavy), *Vehicle Maintenance Worker (Light), Marina Mechanic, Welder, Mechanic-Welder, Equipment Repairer, Vehicle Mechanic, Auto Body Repairer, Vehicle Mechanic Lead Worker, and Vehicle Mechanic (Heavy Truck & Equipment), shall receive a Tool and Shoe Allowance in the following manner. 9.2(A) Employees designated in section 9.2 and on the payroll as of July 1, 2001 shall be paid a Tool and Shoe allowance in the amount of riuo-hundred thiriy-seven doilars and fifty cents ($237.50) for the year 2001. Effective January 1, 2002, employees must be on the payroll as of 3anuary 1 of each year in order to receive a Tool and � Shoe allowance of four-hundred seventy-five ($475.00) dollars. Employees not on the payroll as of January 1 of each yeaz will receive no allowance until the following January 1. 9.2(B) Employees need to keep an accurate, up-to-date inventory of tools kept at the worksite. In the event that the entire tooi set is stolen or if the worksite itself is damaged and the tools are not salvageable, the Employer agrees to replace the tools, in excess of $475.00, that aze listed on the inventory previous to the date of the event. Initiating and updating the inventory is to be done on the employee's own time. 9.3 Article 93 shall oniy apply to those employees not holding a designated titie in 9.2 above. 9.3(A) Effective July 1, 2001, the BMPLOI'ER agraes to pay $37.50 towazd the cost or repair of safety shoes purchased by an employee who is a member of this unit. Effective 3anuary 1, 2002 the EMPLOYER agrees to pay $75.00 towazd the purchase or repair of safety shoes purchased by an employee who is a member of this unit The Employer shall contribute toward the purchase or repair of one pair of shoes per calendar yeaz and shall not be responsible for any additional cost for any shoes or repairs thereafter. This reunbursement shall be made only after investigation and approval by the immediate supervisor of that employee. The EMPLOYER contribution shall apply only to those employees who are required to weaz protective shoes or boots by the EMPLOYER. Employees may carry over up � to $75.00 per year to a total of $150.00 should an employee not utilize the benefit during a previous calendaz year. ARTICLE 9- TOOL INSURANCE AND CLOTHING (Continued} � 9.3(B) Effective January 1, 2003, the size of tool allowance and safety shoe reimbursements shall increase on the first day of each yeaz of the contract by the same percentage amount as the generai increase. ARTICLE 10 - JURY DUTY 10.1 Any employee who is required during his regular working hours to appear in court as a juror or witness except as a witness in his own befialf against the City, shaIl be paid his regular pay while he is so engaged, provided however, ttiat any fees that the employee may receive from the court for such service shall be paid to the City and be deposited with the City. Any employee who is scheduled to work a shift, other than the normal daytime shift, shail be rescheduled to work the normal daytime sluft during such time as he is required to appeaz in court as a juror or witness. ARTICLE 11- LEGAL SERVICES ll.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, or indifference to rights of others, the EMPLOYER shatl defend, save hazmless and indexnnify an employee against tort claim or demand whether groundless or otherwise arising out of alleged acts or omission occurring in the performance or scope of the � employee's duties. 11.2 (whether or not litigation was actually commence ," employee. - Notwithstanding the provisions of Section 1 I.1, the Employer shall not be required to defend or indemnify any employee against personal liability, or damages, costs or expense (a) resulting from a claim, suit, verdict, finding, determination or judgment that the empioyee has committed an intentional tort or torts, including but not limited to slander, libel and(ar other defamatory hamis; or (b) arising out of cross claims, counterclaims, affirmative defenses, and/or separate actions brought against such to or resulting from claims, allegations, demands or actions 113 Notwithstanding the provisions of Section I I.I or 11.2, the Employer may at its sole discretion defend an employee against atlegations, claims, demands or actions wholly or in part based on or arising out of claimed intentional torts, and in such cases, the employee consents to the e�ttent lawfully permitted to such representation without regard to actual or potentia[ conflicts of interest. 11.4 Each empioyee, within 20 @ays after receiving notice of (1) a tort claun or demand, acUon, suiY or proceeding against him or her, and (2) a judgment, verdict, finding or determination, either of which arises out of alieged or found acts or omissions occurring in the performance or scope of the employee's duties, shall notify the City by giving � writtea notice thereof to the City Clerk. C� �l-S'fl3 ARTICLE 12 - CITY MILEAGE • 12.1 Automobite Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrafive Code, as amended, pertaining to reimbursement of City officers and employees for the use of their antomobiles in the performance of their duties, the foilowing pzovisions aze adopted. 12.2 Method of Computation: To be eligible for such reimbursement, all officers and emgloyees must receive written authorization from the Departrnent Head. When an empioyee is required to use his/her personal automobile to conduct authorized City business, the City shall reimburse the employee at the then current Federal I.R.S. auleage reimbursement rate on the most d'uect route. (Curreirt IRS mileage rate for 2001 is $034.SImile.} 12.3 The City will provide parking at the RiverCentre Parking Ramp for City employees who are required to have their personal caz available for City business. Such parking will be provided only for the days the empioyee is required to have his or her own personai car available. ARTICLE 13 - ACTIVE EMPLOYEE INSURANCE 13.1 The insurance plans, premiums for coverages and benefits contained in the insurance • plans offered by the Empioyer shall be solely controlled by the contracts negotiated by the Employer and the benefit providers. The Employer will attempt to prevent any changes in ihe benefits offered by the benefit providers. However, the employees selecring the offered plans agree to accept any changes in benefits which a specific provider implements. The Employer's Cafeteria Plan Document and IRS rules and regulations shall govem the Empioyer provided health and welfare benefit program. 13.2 For the purpose of this Article, fuli-time employment is defined as appearing on the payroll an average of at least 32 hours per week for the immediately preceding twelve (12) month period ending 3une 30th. Three-quarter time employment is defined as appearing on the payroll an average of at least 26 houzs per week but less than 32 hours per week for the immediately preceding twelve (12) month period ending June 30th. Half-time employment is defined as appearing on the payroll an average of at least 20 hours per week but ]ess than 26 hours per week for the immediately preceding twelve (12) mottth period ending June 30th. The above detemunation shall exclude periods of layoff and approved unpaid leave of absence when the employee returns to the same position and employment condition. � The Empioyer shali determine the time status of a new or changed position based on the above definitions as to fulS-time, three-quarter or half-time employment. 7 ARTICLE 23 - ACTIVE EMPLOI'EE INSURANCE (Continued) 133 Effective for the January 2, 2002 insurance premiums, for each eligible employee covered � by this agreement who is employed fiill time and who selects single health insurance coverage provided by the Employer, the F.mployer agrees to contribute, $260.00 per month towazd the cost of single heaith insurance coverage under the "Cafeteria Plan." If the increase in the singie premium is greater than $28.51, the Emgioyer wiH contribute up to an additionat $11.44 per month. Any increase in the single premium greater than the additional $11.49 per month, the Employer will contribute 50% of that additional amount per month. For three-quarter time employees the Employer's contribufion shall be Yhree- quarters of the full-tune contribution. For half-time employees the Employer's contribution shalI be one-half of the full-time contribution. Effective for the January i, 2002 inc�r�nce premiums, for each eligible employee covered by this agreement who is employed fuil titne and who selects family health insurance coverage provided by the Employer, the Employer wiIl contribnte the 2001 contribution pins 60% of the family premium increase in 2002 up to $60.00. If the 2002 family premium increase exceeds $100.00 the City wiIl pay 40% of the excess increase. For three-quarter time employees the Employer's contribu6on of family health caze coverage shall be adjusted to three-quarters of the full-time contribution. For half-time employees the Employer's contriburion of famiiy health care coverage shall be adjusted to one-half of the fuli-time contribution. 13.4 Effective for the January 1, 2003 insurance premiums, for each eligible employee covered � by this agreement who is employed fu11 time and who selects singie employee healtti insurance coverage provided by the Employer, the Employer agrees to contribute, tiie 2002 premium plus any increase in the 2003 single health insurance premium up to forty- five dollazs ($45.00) per month. If the single heatth insurance premium increase for 2003 exceeds forry-five doilars ($45.00) per month, the Employer will contribute 50% of the amount over forty-five ($45.00) dollazs. For three-quarter time employees the Employer`s contribution shall be three-quarters of the full-time contribution. For haif-tune employees `--- '—�i�_vP*'....W.�ontribution shatl be one-half of the fuli-time contribution. Effective for the January 1, 2003 insurance piemiums; for each eligible employee covere by this agreement who is employed full time and who selects family healih insurance coverage provided by the Employer, the Employer will contribute the 2002 family contribution minus $1.65 (the contribution for life insurance is moved to Art. 13.5.) pius 65% of the family premium increase in 2003 up to $71.50. If the 2003 family premium increase exceeds $1 I 0.00, the City wiil pay 40% of the excess increase. Far three-quarter time employees the Employer's contribution of faznily health care coverage shall be adjusted to aa amount equal to 75% of #hg contribution for the full-time employees per - _. month. For half-time employees the Employer's contrifiiition of family health care - coverage shall be adjusted to an amount equal to 50% of the contribution for the full-time employees per month. If in any year the number of pians increases, the increase will be based on the average S premium. r ;i ARTICLE 13 - ACTIVE EMPLOYEE INSURANCE (Continued) • 13.5 Effecfive in 2002, under the "Cafeteria Plan,° all benefit eligible employees (i.e. 40 hrsfpay period or more), regazdless of the number of average hours worked must select at least single coverage hospital-medical insurance and employee life insurance in an amount of $5000. Any unused portion of the Employer's coniribution for which an empioyee is eligible shall be paid to the employee as taxable income. Such payment will be made during tbe month of Ianuary foliowing the Plan yeaz. For employees who terminate their employment with the City of Saint Paul, such payment shall be made during the month of January following the Plan year. Effective in 2003, the City agrees to contribute the cost of $SQOO.00 life insurance. 13.6 The insurance benefits provided under this Article shali not apply to temporary or provisional employees. ARTICLE 14 - RETIREE INSITRANCE 14.1 Fuil-time eligible employees must meet the following conditions at the time of retirement in order to be eligible for the Employer contribution toward the hospital-medical insurance program offered by the Employer. � 14.11 Have completed at least twenty (20) years of full time consecutive service with the City of Saint Paul or after I S years of consecutive service for employees who become disabled and aze eligible for a disability pension from a retirement fund to which the City of Saint Paul has contributed. Employment with School District #625 will not be counted toward the service requirement for empioyees hired after 47/01/97 toward years of service for retiree health eligibility. ANA Be receiving a pension from a retirement fund to which the City of Saint Paul has contributed. 34.2 For employees who were hired prior to July 1, 1975 and who, at the fime ofretirement, meet the eligibility requirements set forth in Article 14.1.1, the Employer agrees to contribute, for the life of the retiree, the following: The full cost of ihe least expensive single premium for hospital-medical insurance offered by the Employer. � L•� ARTICLE 14 - RETIREE INSURANCE (Continued) 14.3 For employees who were Yured on or after July 1, 1975, and who, at the time of retirement, meet the eligibility requirements set forth in Article 14.1.1, or after 15 years of consecutive service for employees who become disabled and are eligible for a disability pension from a retirement fund to wluch the Ciry of Saint Paul has contributed, the Employer witl provide, for the tife of the retiree, the full premiinn cost of the least expensive single health insurance coverage provided by the Employez at the time the employee retizes. The City's contribution level shall remain constant, except that such contribution level shali be refigured at the full cost ofthe least expensive premium offered by the Employer at the time the retiree reaches age 65, if such date is after the date of retirement. For employees who retire and do not meet the requirements in 14.1 through 143 above at the time of their retirement, the Employer wiA discontinue providing any health insurance contributions upon their retirement. 14.4 Employees who retire, but who do not meet the eligibility requirements set forth in 14.1.1, may purchase single or famiIy health insurance coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by ttie retiree. � U 14.5 A retiree's participation in the City's health insurance plan must be continuous. The retiree must be participating in a City heaith insurance pian at the time of retirement. If a � retiree chooses not to pazticipate at the time of his/her retirement or if a retiree discontinues his/her participation at a laYer date, such retiree wil] not be eligible for any future participation or for any Empioyer conuibution. 14.6 In the event of the death of a retiree who is participating in the City's health insurance program, the surviving spouse or dependent of the deceased may continue to participate in the Ciry's heaith insurance plan at his/her own cost. Eligibiliry to conunue to participate shall ternunate when such spouse or dependent remarries or becomes eligible ARTICLE 15 - HOLIDAYS 15.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Year's Day Labor Day Martin Luther King Day V eterans' Day Presidents' Day Thanksgiving Day Memarial Day Day after Thanksgiving Independence Day Christmas Day Two floating holidays � 10 �y i�I � � ARTICLE 15 - HOLIDAYS (Continued) Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. On holidays that the employee does perform work, the employee will be compensated at time and one-half for the hours worked, in addition to the holiday pay. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shatl 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. Two floating holidays shall continue to be effective for 2001. Effective with the 2002 IRS payroll year, floating holidays will be elinunated and two days shall be added to the vacation schedule. 15.2 The floating holidays set forth in Section 15.1 above may be taken at any time during the fiscal year, subject ta the approvai of the department head. For the purpose of this articie the "fiscal yeaz" shall be the IRS payroll reporting year. 153 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 payrol] for that pay period. The amount of holiday time earned shall be based upon the number of non- holiday hours paid to the employee during that pay period. Paid hours shall include hours actually worked, vacation tune, compensatory time, paid leave and sick leave. ARTICLE 16 - VACATION 16.1 In each calendaz yeaz, each fu11-fime empioyee sha11 be granted vacation according to the following schedule: Years of Service Less than 8 years After S yeazs thru 15 years After 15 yeazs and thereafter Vacation Granted I S days 20 days 25 days Effective with tt�e 2002 IRS payroil year, the following vacation schedule shall apply: Years of Service Less than S yeazs Af[er 8 years thru 15 years After IS years and thereafter Vacation Granted 17 days 22 days 27 days 16.2 Employees who work less than full-time shali be granted vacation on a pro rata basis. 163 The head of the department may permit an employee to cazry over into the following vacation yeaz up to one hundred twenty (120) hours of vacation. 16.4 The above provisions of vacatiott shall be subject to the Saint Paul Salary Plan and Rates • of Compensation, Section I, Subdivisaon H, unless the contract provisions directly conflict with the Salary Plan. In such cases, the language of the contract shall supercedefreplace the conflicting language of the Salary Plan. 11 ARTICLE 16 - VACATION (Continued) 16.5 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 to vacation at the rate of one-half day's vacation for each day of sick leave credit. 16.6 The maximum number of days' vacation allowed by the conversion of sick leave credits shall be no more than five days in any one yeaz so that the maximum vacation time which may be taicen in any one year shail be forty-five (45} days inciuding the regulaz vacation period. ARTICLE 17 - GRIEVANCE PROCEDURES 17.1 The EM2'LOYER shall recognize stewards selected in accordance with LTNION rules and regulations as tfie grievance representative of the bazgaining unit. T'he LTDtION shall notify the EMPLOYER in writing of the names of the Stewazds and of their successors when so named. � i 7.2 It is recognized and accepted by ttie EMPLOYER and the ITNION 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 empioyee duries and responsibilities. The steward involved and a grie��ing employee shall suffer no loss in pay when a grievance is processed during • working hours, provided, the stewazd and the employee have notified and received the approval of their supervisor to be absent to pmcess a grievance and that such absence would not be detrimental to the work ptograms of the EMPLOYER. 173 The procedure established by this Article shall be the sote and exclusive procedure for the processing of grievances, which aze defined as an alleged violation of the terms and conditions of tlus AGREEMENT. Grievances 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 empioyee's satisfaction by the informai discussion it may be reduced to writing and refened to Step 2 by the [JNION. The written grievance shall set forth the nature of the grievance, the facts on wIuch 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 UI3IQIQ within seven (7) calendar days of the first occurrence of the event giving rise io the grievance or within the use of reasonable diligence should ttave had knowledge of ttte first occturence of the evenY giving rise to the grievaztce, shall be considered waived. C� 12 �t-��3 ARTICLE 17 - GRIEVANCE PROCEDURES (Continued} � Step 2. Within seven (7) calendar days after receiving the written grievance a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains nnr esolved, the EMPLOYER shall reply in writing to the TJNION within seven (7) calendaz days foliowing flus meeting. The iJNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the tJrIION within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or his designated representafive and attempt to resolve the grievance. Within seven (7) calendaz days following this meeting the EMPLOYER shall reply in writing to the iJNIOIV stating the EMPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the iJNION may refer the grievance to Step 4. Any grievance not refened to in writing by the iJNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYEIt'S answer shail be considered waived. Optional Mediation Step � 1. If the grievance has not been satisfactorily resoived at Step 3, either tlae Union or the Empioyer may, within ten (10) calendaz days, request mediation. If the parties agree that the grievance is suitable for mediation, the parties shal] submit a,}oint request to the Minnesota Bureau of Mediation Services for the assignment of a mediator. Grievance mediation shall be completed within 30 days of the assignment. 2. Grievance mediation is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to azbitration shall be delayed for the period of inediation. 3. The grievance mediation process shall be informal. Rules of evidence shali 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 recommendarion for settlement. Either party may request that the mediator assess how an arbitrator might rule in this case. � 5. The grievant shali be present at the grievance mediation proceeding. If the grievance is resolved, the grievant shall sign a statement agreeing to accept the outcome. Unless the parties agree otherwise, the outcome shall not be precedential. 13 ARTICLE 17 - GRIEVANCE PROCEDURES (Continued) � 6. If the grievance is not resolved and is subsequently moved to azbitration, such proceeding shall be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resolution or offers of settlement may be used or referred to during azbitration. Step 4. If the grievance remains unresolved, the IJNION may within seven (� calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOI'ER, requesc azbitration of the grievance. The azbitration proceedings shall be conducte@ by an arbitrator Lo be selected by mutuai ageement of the EMPLOYER and the iJNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an azbitrator witfiin the said seven (7) day period, either parry may request the Public Employment Relation Boazd to submit a panel of five (5) arbitrators. Both the EMPLOYER and the IJNION shail have the rigfit to strike two (2} names from the paneI. The IINION shall strike the first ( l st) name; the EMPLOYER shall then strike one (1) name. 'The grocess will be repeated and the rema;n;ng person shall be the arbitrator. 17.4 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The azbitrator shall consider and decide onIy the specif c issue submitted in writing by the EMPLOYER and the tTNTON and shall . have no authority to make a decision on any other issue not so submitted. The arbitrator shalI 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 tkirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an eactension. The decision sha1I be based solely on the azbitrator s interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the azbivator shall be final the UTRON and the employees. — -- - ---- -_ 17.5 The fees and expenses for ihe arbivator's services and proceedings shaII be borne eqnally by the EMPLOYER and the LTNION, provided that each party shaII be responsible for compensating its own representatives and witnesses. Tf either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 17.6 _ The time limits in each step of this proce@ure may be extended by mutual agreement of _ _..._..._,. the EMPLOYER and theUNION: - - _ . u 14 0l-$�3 ARTICLE 18 - SAVINGS CLAUSE � 18.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of St. Paul. In the event any provision of this AGREEMENT shall hold to be contrary to law by a court of competent}urisdiction from who final judgment 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 effeci. ARTICLE 14 - SEVERANCE PAY 19.1 Generat. The Employer shall provide three (3) severance pay plans as set forth in this Article. The manner of payment of such severance pay shatl be made in accordance with the provisions of Ciry Ordinance No. 11490. This severance pay program shall be sub}ect to and governed 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 article shall control. 19.2 Eligibility. An employee may, in any event, and upon meeting the qualifications of this article or Ciry Ordinance No.11490, as amended by City Ord'anance No. 16303, section 1, section 6, draw severance pay. However, an election by an employee to draw severance pay under either this article or the ordinance shall constitute a bar to receiving severance pay from the other. Employees appointed prior to July 1, 1989, to a titie covered by this • agreement who meet the qualifications as defined in Severance Pay Pian 2 or Plan 3, may elect to draw severance pay from either P1an 2 or Plan 3. Employees hired on or after July 1, 1989 shall be covered by the provisions of Plan 3. To be eligible for the severance pay program, an employee must meet the following requirements: 19.3 Plani. Plan 1 is the severance pay plan described in Ordinance No. 11490, as amended by Ordinance No. 16303. 19.4 Plan 2. In addition to the eligibility requirements set forth in 19.2, an employee must meet the following requirements to receive a benefit under Plan 2: 19.4.1 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Public Employees Retirement Association (PERA). � 15 ARTICLE 19 - SEVERANCE PAY (Continued) 19.4.2 The employee must be voluntarily separated from City employment or have been subject to separation by lay-off or computsory retirement. Those employees who aze dischazged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City Severance pay program. For the purpose of this severance program, a death of an employee shaIl be considered as separation of employment, and if the employee would have met ail of the requirements set forth above, at the time of his or her death, paymeni of the severance pay may be made to the employee's estate or spouse. For the purposes of fhis severance program, a transfer from the City of Saint Paul employment to Indepenc3ent School District No. 625 empIoyment is not considered a sepazation of employment, and such transferee shati not be eligible for the City severance program. I9.4.3 The empIoyee must have at Ieast ten (10) yeazs of service under the classified or unclassif ed Civil Service at the time of sepazation. Employment with School District #625 will not be counted toward the service reqnirement for employees hired after July 1, 1997. � 19.4.4 The employee must file a waiver of reemployment with the Director of Human Resources, wIuch will cleazly indicate that by requesting severance pay, the employee waives a11 elaims to reinstatement or reemployment (of any type), with the City. � 19.4.5 The employee must have accumzilated a minimum of sixty (60) days of sick leave credits at the time of lus separation from service. 19.4.6 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she wiii 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 sepazation for each day of accrued sick leave subject to a ma�imum of 200 accrued sick leave days subject to a ma�cunum of $6,500.00. 19.5 Plan 3. In addition to the eligibility requirements set forth in 19.2, an employee must meet the foIlowing requirements to receive a benefrt under Plan 3: 19.5.1 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Public Emptoyees Retirement Association (PERA). 19.5.2 The employee must be voluntarily separated from City employment or have been subject to separation, lay-off or computsary retirement. Those emp�oyees who aze discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the City severance pay program. For the purpose of tlus severance program, a death of an employee shall be • considere�i � s�z:a:i^n of employment, and if the employee wonld have met all of the requirements set forth above, at the time of his or her deati�, payment of the severance pay may be made to the employee's estate or spouse. 16 ARTICLE 19 - SEVERANCE PAY (Continued) � r� U Q`-gr�3 19.5.3 The employee must file a waiver of reemployment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type), with the City. 19.5.4 The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of his/tiez separation from service. To qualify for $10,000, the employee must have an accumulated balance of at least one hundred (100) days of sick leave credits at the time of his(her separation from service. 14.5.5 If an employee 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 macimum of as shown be]ow based on the number of yeazs of service with the City. Years of Service Mazimnm with the City Severance Pay At Least 20 $5,000 21 $5,500 22 $6,000 23 $6,5�0 24 $7,000 25 $10,000 ARTICLE 20 - WAGE SCHEDULE 20.1 20.2 20.3 • The wage schedule for putposes of this contract sha11 be Appendix A, attached hereto. The Vehicie Mechanic Leadworker rate will be $1.02 per hour higher than the Vehicle Mechanic rate. The Welder Leadworker rate will be $.29 per hour higher than the Welder rate. 17 ARTICLE 20 - WAGE SCHEDULE (Continued) 20.4 Emptoyer shail avoid, whenever possible, working an employee on an aut-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifreen (15) consecutive working days during a year shall zeceive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth ( I6) day of such assignment. For purposes of this Article, an oui-of-ciass assignment is defined as an assignment of an employee to perform, on a full-time basis, all of the significant duties and responsibilities of a position different from the employee's regulaz posirion, and which is in a classification higher than the classification held by such employee. The rate of pay for an approved out-of-class assignment shall be the sazne rate the empioyee wouId receive if such employee received a regulaz appointment to the higher classification. ARTICLE 21- STRIKES, LOCKOUTS, WORK TNTERFERENCE � 21.1 The IJNION and the EMPLOYER agree that there shall be no strikes, work stoppages, slow-downs, sitdown, stay-in, or other concerted interference with the EMPLOYER'S business or affairs by any of the said LTNION and/or ttie members thereof, and there shall be no bannering during the existence of this AGREEMENT without first using all possible means of peaceful settlement or any controversy which may arise. Employees engaging in sune shall be liable for discipfinary action. . ARTICLE 22 - SICK LEAVE 22.1 Sick Leave With Pay. During any period in which an employee is absent from work on sick leave with pay, the employee shall not be employed or engaged in any occupation for compensation outside of his regulaz city employment. Violation of the provision of this pazagraph by any employee shali be grounds for suspension or discharge. ' s illness or disability of an employee's child, the Employer shall grant leave of absence in accordance w� e . be dedu from the employee's accumulated sick leave credits. If tke employee has no accumulz sick leave credits, such leave shali be granted without pay. 223 In the case of a serious illness or disability of an employee's dependent, parent or household member, other than a chiId, the head of the department shail grant leave with pay in order for the employee to care of or make arrangements for the cate of such disabied persons. Such leave sha11 be drawn from the employee's accumulated sick leave credits. Use of such sick leave shall be limited to forty (40) hours per incident. . 18 pl-g�3 ARTICLE 23 - MATEItNITY LEAVE � 23.1 Matemity Leave. Matemity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the EMPLOYER may approve such leave at its opfion, and such leave may be no longer than one (1) year. ARTICLE 24- LAYOFF AND BUMPING 24.1 As of the effective date of this Agreement, all Vehicle Mechanics and Vehicle Mechanics (Heavy Truck & Equipment) in all Departments other than Fire and Police shall be considered Vehicle Mechanics (Heavy Truck 8c Equipment). Further, Vehicle Mechanic (Heavy Truck & Equipment) class seniority shail be based on all continuous time served in regular or probationary status as a Vehicle Mechanic and Vehicle Mechanic (Heavy Truck & Equipment) since the last date of appointment to either class. 24.2 For purposes of layoff the Employer shall determine the location and number of employees to lay of£ Upon the effective date of layoff, a Vehicle Mechanic (Heavy Truck & Equipment), Vehicle Maintenance Worker (Heavy) and Welder may bump the ]east senior Vehicle Mechanic (Heavy Truck and Equipment), Vehicle Maintenance Worker_ (Heavy), and Welder, respectively, Citywide, excluding the Police and Fire . Departments and Independent School District No. 625. An employee exercising a bump across Department lines shall serve up to six (6) months probation in the Department to which he/she bumps. An employee who does not pass probation shall be laid off: The provisions of this section shail not be subject to Article 17, Grievance Procedure. 243 In the event that the Employer merges gazage operafions, the seniority lists of the affected classes for rhose merged operations only shall be merged. . 19 St°$D3 `J ARTICLE 25 - DURATION AND EFFECTIVE DATE 25.1 The Employer and the Union acknowledge that during the meeting and negofiatittg which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of ttus right aze fully and compietely set forth in ttris agreement. Any and all prior agreements, resolutions, practices, policies or rules or regulations regarding the terms and condirions of employment to the e�ctent they aze inconsistent with this Agreement are hereby superseded. In those azeas where Civil Service Rules are not inconsistent with this Agreement the Civil Service Rules shall continue to be in effect. 25.2 Except as herein provided, this Agreement sha11 be effective as of the date it is executed by the parties and sha11 continue in full force and effect through December 31, 2003 and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend, or modify this Agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1984. Any retroactiviry shall be owed only to employees who continue to be employed by the City at the time this Collective Bazgaining Agreement is signed by the Union. 25.3 This constitutes a tentative agreement between the parhies which will be recommended by the Director of Labor Relations, but is subject to the approval of the Administration of the a City, the City Council and is also subject to ratificafion by the Union. WITNESSES: . CITY OF SA1NT PAUL BY: � � T Haltiner Labor Relations Manager Date, �] Z �� v DISTRICT LODGE N0. 77, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO BY• ��"� -. Gary chmidt Business Representative Date: 5 U 20 APPENDIX A The Wage increases agreed to by the Union and Employer aze: A two and three-quarters percent (2.75%) across the board increase as of, September 22, 2001, a three percent {3.0%) across the board increase as • of October 5, 2002 and a three percent (3.0%) across the boazd increase as of December 28, 2002. The wage rates and salary ranges for classifications in tius unit aze shown below: Auto Body Repairer Machi�ist Mechanic Weider Toolmaker-Water Utility Vehicie Mechanic Vehic4e Mechanic (Hvy Tr & Eq} Vehicie Mechanic Lead Worker Welder Welder �eadworker r1 � � J Equipement Repairer Fire Building Repairer Fire Equipement Servicer Marina Mechanic Traffic Mtnc Worker prior to 7/1 /91 Traffic Mtnc Worker after 7/'it91 Vehicie Mtnc Worker (Hvy) prior to 7/1f91 Vehicle Mtnc Worker (Hvy) after 7/1/91 "Vehicle Mtnc Worker (Light} Part Runner Comm Tech Helper First Third Fourth Fifth Sixth Seventh Eighth Start 9/22l01 10/5/02 12/28/02 $11.90 $12.26 $12.62 $12.94 $13.32 $13.72 9/22/01 $ 2'129 $ 21.29 $2129 $ 23.00 $ 21.29 $2129 $ 22.31 $ 2129 $ 21.58 9/22/01 $ 18.00 $ 18.00 $ 18.00 $ 17.67 $ 1&AO $ 16.44 $ 18.00 $ 15.87 $ 16.89 10/5/02 $ 21.93 $ 21.93 $ 21.93 $ 23.69 $ 21.93 $ 21.93 $ 22.95 $ 21.93 $ 2222 Start 10/5/02 12l28/02 $18.54 $ 19.10 $18.54 $ 19.10 $18.54 $ 19.10 $18.20 $ 18.75 $18.54 $ 19.10 $16.93 $ 17.44 $18.54 $ 19.10 $16.35 $ 16.84 $17.40 $ 17.92 6 months 9/22/01 10/5l02 12/28/02 $12.56 $13.25 $13.56 $13.23 $13.63 $14.04 Vehicle Mechanic Trainee 2000 hours 60% of the Vehicle mechanic base rate 1000 hours 65% of the Vehicle Mechanic base rate 1000 hours 70°/a of the Vehicle Mechanic base rate 1000 hours 75°/a of the Vehicle Mechanic base rate 1000 hours 80% of the Vehicie Mechanic base rate 1000 hours 85% of the Vehic4e Mechanic base rate 10D0 hours 90°l0 of the Vehicle Mechanic base rate 12l28/02 $ 22.59 $ 22.59 $ 22.59 $ 24.40 $ 22.59 $ 22.59 $ 23.61 $ 22.59 $ 22.88 6 months 9/22/01 $ 18.85 $ 18.85 $ 18.85 $ 'I 8.43 $ 18.85 $ 17.16 $ 18.85 $ 16.59 $ 17.85 10l5lQ2 $ 19.42 $ 19.42 $ 19.42 $18.99 $ 19.42 $ 17.67 $ 19.42 $ 17.09 $ 18.18 1 Zl28/�2 $ 20.00 $ 20.00 $ 20.Q0 $ 19.56 $ 20.00 $ 1820 $ 20.00 $ 17.60 $ 18.73 1 year 9l22(Q 1 10l5l02 12l28l02 $13.87 $14.29 $14.72 $13,87 $14.29 $14.72 Additional.2% for freezing of singie health insurance contribution in 2002 to be added to the title of "Traffic Maintenance Worker after 711l91" in the amount of $.55fhr prior to applying the across the board rate for 2001 �1 ORiGINAL RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented by, Referred To CouncilFile# Ot-�i� Green Sheet # 106849 (5 Committee Date 1 2 3 4 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached July 1, 2001 through December 31, 2003 Labor Agreement between the City of 5aint Paul and District Lodge No. 77, International Associafion of Machinists and Aerospace Workers AFL-CIO. Requested by Deparknent of: Benanav Blak Bos�om Coleman Hams � of Labor Relations Form Appro ed by '�Ttt mey � /\ g `\1 Adopted by CouncIl: Date Adoprion Certified by Council Secretary Approved h�Mayos for Su ission to Commcil By: �_.�\�- � �.�-a.�------- By. /� �� % Approved by Mayor: Date /�(�/,� � j �� DEPARTMENTlOFFlCFlCOOI�fCII.: LAB4R RELATIONS CONTACf PERSON & PHONE: JIJLIE KRAUS 266-6513 MUST BE ON COUNCII, AGENDA SY (DATE) TOTALHOFSIGNATURE ACfION REQUESTED: DATE INITIATED GREEN SHEET No.:106849 6L ��° � July 18, 2001 � ATE LVITIALDATE ASSIGN 1 DEPARTMENT DII2. P 4 CITY COUNCIL NUMBER 2 CI'PY ATfORNEY CITY CLERK FOR BUDCEI' DIIL FIN. & MGT. SERVICE DIR ROUTING 3 MAYOR (OR ASST.) ORDER This resolution approves the attached July 1, 2001 through December 31, 2003 Labor Agreement between the City of Saint Paul and the District Lodge No. 77, International Association of Machinists and Aerospace Workers AFL-CIO. Approve (A) or Reject (R) _PLAIVDIINGCOM�IISSION _CIViLSERVIC£ COMNIISSIOT ` CIB COMMITTEE STAFF D(STRICT COURT SUPPORTS WFRCHCOUNCILOBJECTTVE? PERSONAL SERVICE CONTRACTS Mi3ST AI3SWER THE FOLLOWING QUESTIONS: I. Has th�s persoN£um ever worked under a wntract for this departrnent? Yes No 2. Has thu peison7firm ever been a city employee? Yes No 3. Does this personJfirm possess a skill not noanally possessed by any cursent ciry Yes No E�plain a{I yes ansrvers on separate sheet and attach to green s6eet TNITiATING PROBLEM, ISSUE, OPPOR'TUNl'I'N (Who, WLat, When, Where, Why): Current agreement expired June 30, 2001 ADVANI'AGES IF APPROVED: An agreement in place through Decembez 31, 2003. T'his agreement has been ratified by the union members. DISADVANTAGESIFAPPROVED: �OIIO DISADVAN'fAGES IF NOT APPROVED: No agreement in place - labor unrest. To'rai, anaotm�r oF Txnxsacnon: a FONDIPIG SOORCE: •z: _. �. -; _r%.. � � y COST/RTSVENI7E BUDGETED: AL"I'NI7'Y NUMBER: FINANCL4L INFORMATION: (EXPLAii� a�-P�3 ATTACFIlVIENT TO TI� GREEN SHEET INTERNATIONA.L ASSOCIATION OF MACfIINISTS, DISTRICT LODGE #77 Below is a��mmary of the changes in the Collective Bazgaining Agreement between the City of Saint Paul and the Intemational Association of Machinists, District Lodge #77. Duration: July 1, 2001 through December 31, 2003. Ttus moves this bargaining unit to a calender yeaz schedule. Wages: 2.75% - September 22, 2001 3.0 % - October 5, 2002 3.0 % - December 28, 2002 $.SSfhr added to title of "Traffic Maintenance Worker after 7/1/91". The additional $.55lhour will be added to this classification prior to applying the across-the-board increase for 2001. Tlvs additional increase applied as a result of insurance dollar savings. Health Insurance: The health insurance contribution increase followed the same pattern and language as previously negotiated with other bugaining units. Singles 02 $260.00*. Singles 03 2002 contribution + first $45.00 of increase + 50% of the increase over $45.00 Family 02 $394.88 + 60% of the family increase up to $60.00. If increase exceeds $100.00, the City will pay 40% of the excess. Faznily 03 2002 contribution + 65% of the family increase up to $71.50. If ]ncrease exceeds $110.00, the City will pay 40% of the excess. * This will mean a discontinuation (starting in 2043) in the unused benefit dollaz amount returned to employees at the end of the year and helps to accomplish the City's goai of paying benefit dollars exclusively for benefits. Dollars saved under this proposal were applied to salary dollars. Begimiing in 2003, this bazgaining unit will no longer be receiving unused benefit dollars. All future benefit contributions will go direetly to benefits. Life Insnrance: Effective for 2003, life insurance dollars to be moved out of current benefit dollar package and payment made apart from health insurance dollars. ��fo3 Holidays: Agreed to a change in the process for holiday eligibility determivafion. This change will make the administrarion of holidays easier for Payroll staff. Effective with the 2002 IRS payroll yeaz, floating holidays will be moved into the vacation schedule. Out of Class: Aa eed to Out of Class pay language as found in most other contracts. Payment not required until after 15 consecutive days. Mileage: Agreed to IRS rate for those employees on mileage effective first month after unplementation of collective bazgaining agreement. Misceilaneous: Employees no longer charged Administrafive Service Fee. Grievances relating to terms and conditions of employment to be grieved only through the contract process. Update of class titles eligible for tool allowance. Effective 1!1/03, tool and shoe allowance to be increased the same as the ATB. Agreed to changes in years of service for retiree health insurance from twenty-five non- consecutive to 20 consecutive years or 15 consecutive years if disabled bringing them in- line with other bargaining unit contracts. Other language changes are of a housekeeping naiure for clazification and clean up. Costs: Wages Health Ins. 2001 2002 2003 $70,260.16 $ 4372.80 $71,507.07 actual unlcnown Total $74,632.96 $71,507.07+ins $71,505.07 actual unknown $'71,507.07 + Ins 0\-i'o3 � JULY 1, 2001 THROU��i DECEMBER 31, 2003 LABOR AGREEMENT BETVVEE�T � � _ � � � THE CI'�1' OF SAIN'T PAUL � � � � � � �, . _ �4ND. �� - - � � �. = DISTR��T �T�OD�E_l�U.-?7 : . �, 5 �_ _ - r iNTE�tNATIUNAL A�SUCIATION OF MAGHiNIS'LS AND AEROSPACE WORKER� AFL-CIO �� _ � � . � � � � D� - �°3 n lJ INDEX ARTICLE T'ITLE PAGE 1 Recognition ......................................................1 2 Definitions .......................................................i 3 Maintenance of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Check Off and Aduiinistrative Service Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Union Rights .....................................................3 6 Management Rights ................................................3 7 Discipline ........................................................3 8 Hours,Overtime Pay ...............................................4 9 Tool Insurance and Clothing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 10 Jwy Duty :.......................................................6 I1 LegalServices ....................................................6 12 City Mileage ......................................................7 13 Active Empioyee Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 14 RetireeInsurance ..................................................9 � 15 Holidays ........................................................10 16 Vacation ........................................................11 17 Crrievance Procedures .............................................12 18 Savings Clause ...................................................15 19 Severance Pay ...................................................15 24 Wage Schedule ...................................................17 C� 21 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 22 Sick Leave ......................................................18 23 Maternity Leave ..................................................19 24 Layoffand Bumping ..............................................19 25 Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 AppendixA .................................................... AI i ol-�o� AGREEMENT BETWEEN THE CITY OF SAINT PAUL • AND DISTRICT LODGE #77, INTERNATIONAL ASSOCIATION OF MACI�INISTS AND AEROSPACE WORKERS AFL-CIO This AGREEMENT has been entered into between the City of Saint Paul, hereafter referred to as the EMPLOYER, and District Lodge #77, International Association of Machinists and Aerospace Workers AFL-CIO, hereafter referred to as the IJNION. This AGREEMENT has as its purposes, the promotion of hatmonious relations between the EMPLOYER and the iINION, 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 shail pursue the above objectives in full compliance with the requirements of the Pubiic Employment Labor Relations Act of the State of Minnesota of 1984, as amended. � � ii �l -go3 � ARTICLE 1 - RECOGNITION 1.1 The EMPLOYER recognizes the I7NION as the sole and exclusive bazgauxing agent far the purposes of establishing wages, benefits, hours and other conditions of employment for all of its employees as outlined in the cerCification by the State of Minnesota, Bureau of Mediation Services, dated August 15,1973, in case No. 74-PR-77-A, and as set forth below: All regulaz, probationary, and provisionai vehicle and equipment maintenance personnel who aze employed by the City of St. Paul or who have their "terms and conditions of employment" established by the governing body of the City of St. Paul in the classifications of Auto Body Repairer, Communications Technician Helper, Equipment Repairer, Fire Buildings Repairer, Fire Equipment Servicer, Machinist, Marina-Mechanic, Mechanic-Welder, Parts Runner, Tool Maker - Water Utility, Traffic Maintenance Worker, *Vehicle Maintenance Worker (Light), Vehicle Maintenance Worker (Fieavy), Vehicle Mechanic, Vehicle Mechanic (Heavy Truck & Equipment), Vehicle Mechanic Leadworker, Vehicle Mechanic 5upervisor, Vehicle Mechanic Trainee, Welder and Welder Leadworker, excluding supervisory, confidential, temporary, emergency and employees exciusively represented by other labor or employee organizations. � 12 The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this agreement shall be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Public Empioyment Relations Act to accomplish said objective. ARTICLE 2 - DEFINTTIONS 2.1 Coilective Bazgaining. The EMPLOYER wilf bargain collectively with the [JNION with respect to rates of pay, hours and conditions pertaining to employment for alt of the employees in the unit hereinbefore set forth. 2.2 Discrimination. Ti�e EMPLOYER will not interfere with, restrain or coerce the employees cavered by this AGREEMENT because of inembership in or activity on behalf of the LJI3ION. 'The EMPLOYER will not discriminate in respect to hire, tenure of employment or any term or condition of employxnent against any employee covered by this AGREEMENT because of inembership in or activity on behalf of the LJI3IO23, nor wili it discourage or attempt to discourage membership in the iTNION, or attempt to encourage membership in another Union. • ARTICLE 2 - DEFINITIONS (Continued) 23 This AGREEIvIENT shall designate and define benefits with the exception of pension benefits that shalt be granted to the employees by the EMPLOYER. If subsequent ta tius AGI2EEMENT, any governing body passes a provision which shall create a cost benefit for a employee in this unit, the cost of such benefit shall be paid by ttie empIoyee until sucfi time as the responsibility of the cost is subsequently negotiated. This pmvision shall not compel either party to reopen negotiations during the course of an existing contract. ARTICLE 3- MAINTENANCE OF STANDARDS 3.1 The parties agree that all condiYions of employment relating to wages, hours of work, overtime, differenfials, vacations, and aIl other general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul, (Resolufion No. 3250) and the Saint PauI Satary Plan and Rates of Compensation at the time of the signing of this AGREEMENT, and the conditions of employment sha11 be impmved wherever specific provisions for improvement are made elsewhere in this AGREEMENT. C� ARTICLE 4- CHECK OFF AND ADMINISTRATIVE SERVICE �'EE � 4.1 Dues. The EMPLOYER agrees to deduct the iJNION membership dues once each month from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the EMPLOYER by a repzesentative of the LJNION and the aggregate deductions of all employees shali be remitted together with an ifemized sfatement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 4.2 Fairshare. Any present or future emplogee who is not a required to conYribute a fair share fee for services rendered by the iJNION. Upon notification by the LTNION, the EMPLOYER shail check off said fee from the eamings of the employee and traz�smit the same to the UNiON. In no instance shail the required contribution exceed a prorata share of the specific expenses incurred for services rendered by the representative in relationslup to negotiations and administration of grievance procedures. This provision sha11 remain operative only so long as specifically provided by Minnesota law and as otherwise legal. _ _ __. _ .. - 4.3 The IJNION wi11 indemnify, defend and hold the EMPLOYER hazmless against any claims and all suits, orders or judgments brought or issued against the EMPLOYER, its officers or empioyees, as a resuit of any action taken or not taken by the EIvIPLOYER under the provisions of this section. . P7 dl-�o3 ARTICLE 5 - UNION RIGHTS � 5.1 The UNION may designate employees within the bargaining unit to serve as Union Stewazds. 5.2 The [JNIOI�i shali fumish the EMPLOYER and appropriate deparnnent heads with a list of Stewards and alternates, and shall, as soon as possible, notify said appropriate City officials in writing of any changes thereto. Only those who aze Stewazds shall be recognized by the EMPLOYER for the purpose of ineetings. ARTICLE 6 - MANAGEMENT RIGHTS 6.1 The LJDt10N recognizes the right of the EMPLOYER to operate and manage its affairs in all respects in accordance with appiicable laws and regulations of appropriate authorities. The rights and authority which the EMPLOYER has not officially abridged, delegated, or modified by this AGREEMENT aze retained by the EMPLOYER. 6.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but aze not limited to, such areas of discretion or policy as the funcfions and programs of the EMPLOYER, its overa.11 budget, utilization of technology, and organizational structure and selection and direction • and number of personnel. ARTICLE 7 - DISCIPLINE 7.1 The EMPLOYER will discipiine employees for just cause only. Discipline will be in the fotm of: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 7.2 Employees and the iJNION will receive copies of written reprimands and notices of suspension and dischazge. 73 Dischazges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee andJor iJNION may request, and shall be entitied to a meeting with the Employer Representative who nutiated the suspension with intent to dischazge. During said five (5) day period, the EMPLOYER may affirm the suspension and discharge in accordance with the grievance procedures of this bazgaining agreement or may modify, or withdraw same. C J ARTICLE 8- HOURS, OVERTIME PAY 8.1 Hours of Employmenf: The assigned normal work day shaIl be % fiours exclnding ,5 hour for lunch in any riventy-four hour period aad 44 hours in any seven-day period. (For employees on a shift basis, this shall be conslrued to mean an average of forty hours a week.} The norniai work week shall consist of five consecutive normal work days. 8.2 Notwithstanding Article 8.1, a Department Head and the Union may mutually agree in writing to establish a normal work day of ten (10) consecutive hours, exciuding a tturiy (30) minute lunch period, and a normai work week of four (4) consecutive work days in a seven (7) calendar day period. A Department Head may uuilateralty cease a ten (10) hour work day, fout (4) day work week with five (5) working days notice to the Union if such a schedule does nat meet the operating needs of the affected Department. 8.3 Cali-in-Pay: When an empIoyee is called to work he shall receive two hours' pay if not put to work. If he is cailed to work and commences work, he shatl be guazanteed four hours pay. These pxovisions, however, shall not be effecrive when work is unable to proceed because of adverse weather conditions. � 8.4 Overtime: Time on the payroll in excess of the normal hours set forth above shall • be "overtime work" and shall be done only bq order of tiie head of the departrnent. Overtime wilI be assigned based on a rotating opportunity preset-set by class seniority among all eligible personne� in the affected division having the skills necessary for the job. In the beginning of each calendar yeaz, the rotation for overtime opportunities will begin with the most senior employees. The individuai may accept or decline. The nea�t opportunity for overtime will go to the nea�t the the Iist who may accept or decline. This wilI continue until the end of If an employee is bypassed for overtime to wluch he/she would have been entitled, the employee will have the opportunity, whenever possible but subject to supervisory approval, to ma[ce up the overtime before the end of the nea�t payrolI period, at a time convenient to tke employee. The EmpIoyer reserves the right to deviate from the aforementioned process in emergencies or in such situations where fotlowing such process would be detrimental to the operation of the affected unit Class seniority shalI be the determining factor in shift assignment, however, the Employer will not be required to accept the most senior biddet or io assign the least senior employee whea considering such factors as the duration of assignment and the productivity needs of the affected unit. • Quati£cations witi be deternuned by the Employer based on requirements of the job, actual job performance and Civil Service certification. 4 0�� pD3 ARTICLE 8- HOURS, OVERTIME PAY (Continued) � 8.5 An empioyee shail be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one half basis for such overtime work. The basis on which such overtime shali be paid shall be determined solely by the EMPLOYER. ARTICLE 9- TOOL INSURANCE AND CLOTHING 9.1 The EMPLOYER will provide five changes of coveralls or five changes of shirts and pants per week. The Department shall substitute coveralls for shirts and pants and vice versa at the employee's request. Employees may request such substitution no more than two times within a calendaz yeaz. 9.2 Employees in the following classifications; Vehicle Maintenance Worker (Heavy), *Vehicle Maintenance Worker (Light), Marina Mechanic, Welder, Mechanic-Welder, Equipment Repairer, Vehicle Mechanic, Auto Body Repairer, Vehicle Mechanic Lead Worker, and Vehicle Mechanic (Heavy Truck & Equipment), shall receive a Tool and Shoe Allowance in the following manner. 9.2(A) Employees designated in section 9.2 and on the payroll as of July 1, 2001 shall be paid a Tool and Shoe allowance in the amount of riuo-hundred thiriy-seven doilars and fifty cents ($237.50) for the year 2001. Effective January 1, 2002, employees must be on the payroll as of 3anuary 1 of each year in order to receive a Tool and � Shoe allowance of four-hundred seventy-five ($475.00) dollars. Employees not on the payroll as of January 1 of each yeaz will receive no allowance until the following January 1. 9.2(B) Employees need to keep an accurate, up-to-date inventory of tools kept at the worksite. In the event that the entire tooi set is stolen or if the worksite itself is damaged and the tools are not salvageable, the Employer agrees to replace the tools, in excess of $475.00, that aze listed on the inventory previous to the date of the event. Initiating and updating the inventory is to be done on the employee's own time. 9.3 Article 93 shall oniy apply to those employees not holding a designated titie in 9.2 above. 9.3(A) Effective July 1, 2001, the BMPLOI'ER agraes to pay $37.50 towazd the cost or repair of safety shoes purchased by an employee who is a member of this unit. Effective 3anuary 1, 2002 the EMPLOYER agrees to pay $75.00 towazd the purchase or repair of safety shoes purchased by an employee who is a member of this unit The Employer shall contribute toward the purchase or repair of one pair of shoes per calendar yeaz and shall not be responsible for any additional cost for any shoes or repairs thereafter. This reunbursement shall be made only after investigation and approval by the immediate supervisor of that employee. The EMPLOYER contribution shall apply only to those employees who are required to weaz protective shoes or boots by the EMPLOYER. Employees may carry over up � to $75.00 per year to a total of $150.00 should an employee not utilize the benefit during a previous calendaz year. ARTICLE 9- TOOL INSURANCE AND CLOTHING (Continued} � 9.3(B) Effective January 1, 2003, the size of tool allowance and safety shoe reimbursements shall increase on the first day of each yeaz of the contract by the same percentage amount as the generai increase. ARTICLE 10 - JURY DUTY 10.1 Any employee who is required during his regular working hours to appear in court as a juror or witness except as a witness in his own befialf against the City, shaIl be paid his regular pay while he is so engaged, provided however, ttiat any fees that the employee may receive from the court for such service shall be paid to the City and be deposited with the City. Any employee who is scheduled to work a shift, other than the normal daytime shift, shail be rescheduled to work the normal daytime sluft during such time as he is required to appeaz in court as a juror or witness. ARTICLE 11- LEGAL SERVICES ll.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, or indifference to rights of others, the EMPLOYER shatl defend, save hazmless and indexnnify an employee against tort claim or demand whether groundless or otherwise arising out of alleged acts or omission occurring in the performance or scope of the � employee's duties. 11.2 (whether or not litigation was actually commence ," employee. - Notwithstanding the provisions of Section 1 I.1, the Employer shall not be required to defend or indemnify any employee against personal liability, or damages, costs or expense (a) resulting from a claim, suit, verdict, finding, determination or judgment that the empioyee has committed an intentional tort or torts, including but not limited to slander, libel and(ar other defamatory hamis; or (b) arising out of cross claims, counterclaims, affirmative defenses, and/or separate actions brought against such to or resulting from claims, allegations, demands or actions 113 Notwithstanding the provisions of Section I I.I or 11.2, the Employer may at its sole discretion defend an employee against atlegations, claims, demands or actions wholly or in part based on or arising out of claimed intentional torts, and in such cases, the employee consents to the e�ttent lawfully permitted to such representation without regard to actual or potentia[ conflicts of interest. 11.4 Each empioyee, within 20 @ays after receiving notice of (1) a tort claun or demand, acUon, suiY or proceeding against him or her, and (2) a judgment, verdict, finding or determination, either of which arises out of alieged or found acts or omissions occurring in the performance or scope of the employee's duties, shall notify the City by giving � writtea notice thereof to the City Clerk. C� �l-S'fl3 ARTICLE 12 - CITY MILEAGE • 12.1 Automobite Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrafive Code, as amended, pertaining to reimbursement of City officers and employees for the use of their antomobiles in the performance of their duties, the foilowing pzovisions aze adopted. 12.2 Method of Computation: To be eligible for such reimbursement, all officers and emgloyees must receive written authorization from the Departrnent Head. When an empioyee is required to use his/her personal automobile to conduct authorized City business, the City shall reimburse the employee at the then current Federal I.R.S. auleage reimbursement rate on the most d'uect route. (Curreirt IRS mileage rate for 2001 is $034.SImile.} 12.3 The City will provide parking at the RiverCentre Parking Ramp for City employees who are required to have their personal caz available for City business. Such parking will be provided only for the days the empioyee is required to have his or her own personai car available. ARTICLE 13 - ACTIVE EMPLOYEE INSURANCE 13.1 The insurance plans, premiums for coverages and benefits contained in the insurance • plans offered by the Empioyer shall be solely controlled by the contracts negotiated by the Employer and the benefit providers. The Employer will attempt to prevent any changes in ihe benefits offered by the benefit providers. However, the employees selecring the offered plans agree to accept any changes in benefits which a specific provider implements. The Employer's Cafeteria Plan Document and IRS rules and regulations shall govem the Empioyer provided health and welfare benefit program. 13.2 For the purpose of this Article, fuli-time employment is defined as appearing on the payroll an average of at least 32 hours per week for the immediately preceding twelve (12) month period ending 3une 30th. Three-quarter time employment is defined as appearing on the payroll an average of at least 26 houzs per week but less than 32 hours per week for the immediately preceding twelve (12) month period ending June 30th. Half-time employment is defined as appearing on the payroll an average of at least 20 hours per week but ]ess than 26 hours per week for the immediately preceding twelve (12) mottth period ending June 30th. The above detemunation shall exclude periods of layoff and approved unpaid leave of absence when the employee returns to the same position and employment condition. � The Empioyer shali determine the time status of a new or changed position based on the above definitions as to fulS-time, three-quarter or half-time employment. 7 ARTICLE 23 - ACTIVE EMPLOI'EE INSURANCE (Continued) 133 Effective for the January 2, 2002 insurance premiums, for each eligible employee covered � by this agreement who is employed fiill time and who selects single health insurance coverage provided by the Employer, the F.mployer agrees to contribute, $260.00 per month towazd the cost of single heaith insurance coverage under the "Cafeteria Plan." If the increase in the singie premium is greater than $28.51, the Emgioyer wiH contribute up to an additionat $11.44 per month. Any increase in the single premium greater than the additional $11.49 per month, the Employer will contribute 50% of that additional amount per month. For three-quarter time employees the Employer's contribufion shall be Yhree- quarters of the full-tune contribution. For half-time employees the Employer's contribution shalI be one-half of the full-time contribution. Effective for the January i, 2002 inc�r�nce premiums, for each eligible employee covered by this agreement who is employed fuil titne and who selects family health insurance coverage provided by the Employer, the Employer wiIl contribnte the 2001 contribution pins 60% of the family premium increase in 2002 up to $60.00. If the 2002 family premium increase exceeds $100.00 the City wiIl pay 40% of the excess increase. For three-quarter time employees the Employer's contribu6on of family health caze coverage shall be adjusted to three-quarters of the full-time contribution. For half-time employees the Employer's contriburion of famiiy health care coverage shall be adjusted to one-half of the fuli-time contribution. 13.4 Effective for the January 1, 2003 insurance premiums, for each eligible employee covered � by this agreement who is employed fu11 time and who selects singie employee healtti insurance coverage provided by the Employer, the Employer agrees to contribute, tiie 2002 premium plus any increase in the 2003 single health insurance premium up to forty- five dollazs ($45.00) per month. If the single heatth insurance premium increase for 2003 exceeds forry-five doilars ($45.00) per month, the Employer will contribute 50% of the amount over forty-five ($45.00) dollazs. For three-quarter time employees the Employer`s contribution shall be three-quarters of the full-time contribution. For haif-tune employees `--- '—�i�_vP*'....W.�ontribution shatl be one-half of the fuli-time contribution. Effective for the January 1, 2003 insurance piemiums; for each eligible employee covere by this agreement who is employed full time and who selects family healih insurance coverage provided by the Employer, the Employer will contribute the 2002 family contribution minus $1.65 (the contribution for life insurance is moved to Art. 13.5.) pius 65% of the family premium increase in 2003 up to $71.50. If the 2003 family premium increase exceeds $1 I 0.00, the City wiil pay 40% of the excess increase. Far three-quarter time employees the Employer's contribution of faznily health care coverage shall be adjusted to aa amount equal to 75% of #hg contribution for the full-time employees per - _. month. For half-time employees the Employer's contrifiiition of family health care - coverage shall be adjusted to an amount equal to 50% of the contribution for the full-time employees per month. If in any year the number of pians increases, the increase will be based on the average S premium. r ;i ARTICLE 13 - ACTIVE EMPLOYEE INSURANCE (Continued) • 13.5 Effecfive in 2002, under the "Cafeteria Plan,° all benefit eligible employees (i.e. 40 hrsfpay period or more), regazdless of the number of average hours worked must select at least single coverage hospital-medical insurance and employee life insurance in an amount of $5000. Any unused portion of the Employer's coniribution for which an empioyee is eligible shall be paid to the employee as taxable income. Such payment will be made during tbe month of Ianuary foliowing the Plan yeaz. For employees who terminate their employment with the City of Saint Paul, such payment shall be made during the month of January following the Plan year. Effective in 2003, the City agrees to contribute the cost of $SQOO.00 life insurance. 13.6 The insurance benefits provided under this Article shali not apply to temporary or provisional employees. ARTICLE 14 - RETIREE INSITRANCE 14.1 Fuil-time eligible employees must meet the following conditions at the time of retirement in order to be eligible for the Employer contribution toward the hospital-medical insurance program offered by the Employer. � 14.11 Have completed at least twenty (20) years of full time consecutive service with the City of Saint Paul or after I S years of consecutive service for employees who become disabled and aze eligible for a disability pension from a retirement fund to which the City of Saint Paul has contributed. Employment with School District #625 will not be counted toward the service requirement for empioyees hired after 47/01/97 toward years of service for retiree health eligibility. ANA Be receiving a pension from a retirement fund to which the City of Saint Paul has contributed. 34.2 For employees who were hired prior to July 1, 1975 and who, at the fime ofretirement, meet the eligibility requirements set forth in Article 14.1.1, the Employer agrees to contribute, for the life of the retiree, the following: The full cost of ihe least expensive single premium for hospital-medical insurance offered by the Employer. � L•� ARTICLE 14 - RETIREE INSURANCE (Continued) 14.3 For employees who were Yured on or after July 1, 1975, and who, at the time of retirement, meet the eligibility requirements set forth in Article 14.1.1, or after 15 years of consecutive service for employees who become disabled and are eligible for a disability pension from a retirement fund to wluch the Ciry of Saint Paul has contributed, the Employer witl provide, for the tife of the retiree, the full premiinn cost of the least expensive single health insurance coverage provided by the Employez at the time the employee retizes. The City's contribution level shall remain constant, except that such contribution level shali be refigured at the full cost ofthe least expensive premium offered by the Employer at the time the retiree reaches age 65, if such date is after the date of retirement. For employees who retire and do not meet the requirements in 14.1 through 143 above at the time of their retirement, the Employer wiA discontinue providing any health insurance contributions upon their retirement. 14.4 Employees who retire, but who do not meet the eligibility requirements set forth in 14.1.1, may purchase single or famiIy health insurance coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by ttie retiree. � U 14.5 A retiree's participation in the City's health insurance plan must be continuous. The retiree must be participating in a City heaith insurance pian at the time of retirement. If a � retiree chooses not to pazticipate at the time of his/her retirement or if a retiree discontinues his/her participation at a laYer date, such retiree wil] not be eligible for any future participation or for any Empioyer conuibution. 14.6 In the event of the death of a retiree who is participating in the City's health insurance program, the surviving spouse or dependent of the deceased may continue to participate in the Ciry's heaith insurance plan at his/her own cost. Eligibiliry to conunue to participate shall ternunate when such spouse or dependent remarries or becomes eligible ARTICLE 15 - HOLIDAYS 15.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Year's Day Labor Day Martin Luther King Day V eterans' Day Presidents' Day Thanksgiving Day Memarial Day Day after Thanksgiving Independence Day Christmas Day Two floating holidays � 10 �y i�I � � ARTICLE 15 - HOLIDAYS (Continued) Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. On holidays that the employee does perform work, the employee will be compensated at time and one-half for the hours worked, in addition to the holiday pay. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shatl 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. Two floating holidays shall continue to be effective for 2001. Effective with the 2002 IRS payroll year, floating holidays will be elinunated and two days shall be added to the vacation schedule. 15.2 The floating holidays set forth in Section 15.1 above may be taken at any time during the fiscal year, subject ta the approvai of the department head. For the purpose of this articie the "fiscal yeaz" shall be the IRS payroll reporting year. 153 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 payrol] for that pay period. The amount of holiday time earned shall be based upon the number of non- holiday hours paid to the employee during that pay period. Paid hours shall include hours actually worked, vacation tune, compensatory time, paid leave and sick leave. ARTICLE 16 - VACATION 16.1 In each calendaz yeaz, each fu11-fime empioyee sha11 be granted vacation according to the following schedule: Years of Service Less than 8 years After S yeazs thru 15 years After 15 yeazs and thereafter Vacation Granted I S days 20 days 25 days Effective with tt�e 2002 IRS payroil year, the following vacation schedule shall apply: Years of Service Less than S yeazs Af[er 8 years thru 15 years After IS years and thereafter Vacation Granted 17 days 22 days 27 days 16.2 Employees who work less than full-time shali be granted vacation on a pro rata basis. 163 The head of the department may permit an employee to cazry over into the following vacation yeaz up to one hundred twenty (120) hours of vacation. 16.4 The above provisions of vacatiott shall be subject to the Saint Paul Salary Plan and Rates • of Compensation, Section I, Subdivisaon H, unless the contract provisions directly conflict with the Salary Plan. In such cases, the language of the contract shall supercedefreplace the conflicting language of the Salary Plan. 11 ARTICLE 16 - VACATION (Continued) 16.5 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 to vacation at the rate of one-half day's vacation for each day of sick leave credit. 16.6 The maximum number of days' vacation allowed by the conversion of sick leave credits shall be no more than five days in any one yeaz so that the maximum vacation time which may be taicen in any one year shail be forty-five (45} days inciuding the regulaz vacation period. ARTICLE 17 - GRIEVANCE PROCEDURES 17.1 The EM2'LOYER shall recognize stewards selected in accordance with LTNION rules and regulations as tfie grievance representative of the bazgaining unit. T'he LTDtION shall notify the EMPLOYER in writing of the names of the Stewazds and of their successors when so named. � i 7.2 It is recognized and accepted by ttie EMPLOYER and the ITNION 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 empioyee duries and responsibilities. The steward involved and a grie��ing employee shall suffer no loss in pay when a grievance is processed during • working hours, provided, the stewazd and the employee have notified and received the approval of their supervisor to be absent to pmcess a grievance and that such absence would not be detrimental to the work ptograms of the EMPLOYER. 173 The procedure established by this Article shall be the sote and exclusive procedure for the processing of grievances, which aze defined as an alleged violation of the terms and conditions of tlus AGREEMENT. Grievances 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 empioyee's satisfaction by the informai discussion it may be reduced to writing and refened to Step 2 by the [JNION. The written grievance shall set forth the nature of the grievance, the facts on wIuch 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 UI3IQIQ within seven (7) calendar days of the first occurrence of the event giving rise io the grievance or within the use of reasonable diligence should ttave had knowledge of ttte first occturence of the evenY giving rise to the grievaztce, shall be considered waived. C� 12 �t-��3 ARTICLE 17 - GRIEVANCE PROCEDURES (Continued} � Step 2. Within seven (7) calendar days after receiving the written grievance a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains nnr esolved, the EMPLOYER shall reply in writing to the TJNION within seven (7) calendaz days foliowing flus meeting. The iJNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the tJrIION within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or his designated representafive and attempt to resolve the grievance. Within seven (7) calendaz days following this meeting the EMPLOYER shall reply in writing to the iJNIOIV stating the EMPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the iJNION may refer the grievance to Step 4. Any grievance not refened to in writing by the iJNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYEIt'S answer shail be considered waived. Optional Mediation Step � 1. If the grievance has not been satisfactorily resoived at Step 3, either tlae Union or the Empioyer may, within ten (10) calendaz days, request mediation. If the parties agree that the grievance is suitable for mediation, the parties shal] submit a,}oint request to the Minnesota Bureau of Mediation Services for the assignment of a mediator. Grievance mediation shall be completed within 30 days of the assignment. 2. Grievance mediation is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to azbitration shall be delayed for the period of inediation. 3. The grievance mediation process shall be informal. Rules of evidence shali 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 recommendarion for settlement. Either party may request that the mediator assess how an arbitrator might rule in this case. � 5. The grievant shali be present at the grievance mediation proceeding. If the grievance is resolved, the grievant shall sign a statement agreeing to accept the outcome. Unless the parties agree otherwise, the outcome shall not be precedential. 13 ARTICLE 17 - GRIEVANCE PROCEDURES (Continued) � 6. If the grievance is not resolved and is subsequently moved to azbitration, such proceeding shall be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resolution or offers of settlement may be used or referred to during azbitration. Step 4. If the grievance remains unresolved, the IJNION may within seven (� calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOI'ER, requesc azbitration of the grievance. The azbitration proceedings shall be conducte@ by an arbitrator Lo be selected by mutuai ageement of the EMPLOYER and the iJNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an azbitrator witfiin the said seven (7) day period, either parry may request the Public Employment Relation Boazd to submit a panel of five (5) arbitrators. Both the EMPLOYER and the IJNION shail have the rigfit to strike two (2} names from the paneI. The IINION shall strike the first ( l st) name; the EMPLOYER shall then strike one (1) name. 'The grocess will be repeated and the rema;n;ng person shall be the arbitrator. 17.4 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The azbitrator shall consider and decide onIy the specif c issue submitted in writing by the EMPLOYER and the tTNTON and shall . have no authority to make a decision on any other issue not so submitted. The arbitrator shalI 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 tkirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an eactension. The decision sha1I be based solely on the azbitrator s interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the azbivator shall be final the UTRON and the employees. — -- - ---- -_ 17.5 The fees and expenses for ihe arbivator's services and proceedings shaII be borne eqnally by the EMPLOYER and the LTNION, provided that each party shaII be responsible for compensating its own representatives and witnesses. Tf either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 17.6 _ The time limits in each step of this proce@ure may be extended by mutual agreement of _ _..._..._,. the EMPLOYER and theUNION: - - _ . u 14 0l-$�3 ARTICLE 18 - SAVINGS CLAUSE � 18.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of St. Paul. In the event any provision of this AGREEMENT shall hold to be contrary to law by a court of competent}urisdiction from who final judgment 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 effeci. ARTICLE 14 - SEVERANCE PAY 19.1 Generat. The Employer shall provide three (3) severance pay plans as set forth in this Article. The manner of payment of such severance pay shatl be made in accordance with the provisions of Ciry Ordinance No. 11490. This severance pay program shall be sub}ect to and governed 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 article shall control. 19.2 Eligibility. An employee may, in any event, and upon meeting the qualifications of this article or Ciry Ordinance No.11490, as amended by City Ord'anance No. 16303, section 1, section 6, draw severance pay. However, an election by an employee to draw severance pay under either this article or the ordinance shall constitute a bar to receiving severance pay from the other. Employees appointed prior to July 1, 1989, to a titie covered by this • agreement who meet the qualifications as defined in Severance Pay Pian 2 or Plan 3, may elect to draw severance pay from either P1an 2 or Plan 3. Employees hired on or after July 1, 1989 shall be covered by the provisions of Plan 3. To be eligible for the severance pay program, an employee must meet the following requirements: 19.3 Plani. Plan 1 is the severance pay plan described in Ordinance No. 11490, as amended by Ordinance No. 16303. 19.4 Plan 2. In addition to the eligibility requirements set forth in 19.2, an employee must meet the following requirements to receive a benefit under Plan 2: 19.4.1 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Public Employees Retirement Association (PERA). � 15 ARTICLE 19 - SEVERANCE PAY (Continued) 19.4.2 The employee must be voluntarily separated from City employment or have been subject to separation by lay-off or computsory retirement. Those employees who aze dischazged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City Severance pay program. For the purpose of this severance program, a death of an employee shaIl be considered as separation of employment, and if the employee would have met ail of the requirements set forth above, at the time of his or her death, paymeni of the severance pay may be made to the employee's estate or spouse. For the purposes of fhis severance program, a transfer from the City of Saint Paul employment to Indepenc3ent School District No. 625 empIoyment is not considered a sepazation of employment, and such transferee shati not be eligible for the City severance program. I9.4.3 The empIoyee must have at Ieast ten (10) yeazs of service under the classified or unclassif ed Civil Service at the time of sepazation. Employment with School District #625 will not be counted toward the service reqnirement for employees hired after July 1, 1997. � 19.4.4 The employee must file a waiver of reemployment with the Director of Human Resources, wIuch will cleazly indicate that by requesting severance pay, the employee waives a11 elaims to reinstatement or reemployment (of any type), with the City. � 19.4.5 The employee must have accumzilated a minimum of sixty (60) days of sick leave credits at the time of lus separation from service. 19.4.6 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she wiii 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 sepazation for each day of accrued sick leave subject to a ma�imum of 200 accrued sick leave days subject to a ma�cunum of $6,500.00. 19.5 Plan 3. In addition to the eligibility requirements set forth in 19.2, an employee must meet the foIlowing requirements to receive a benefrt under Plan 3: 19.5.1 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Public Emptoyees Retirement Association (PERA). 19.5.2 The employee must be voluntarily separated from City employment or have been subject to separation, lay-off or computsary retirement. Those emp�oyees who aze discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the City severance pay program. For the purpose of tlus severance program, a death of an employee shall be • considere�i � s�z:a:i^n of employment, and if the employee wonld have met all of the requirements set forth above, at the time of his or her deati�, payment of the severance pay may be made to the employee's estate or spouse. 16 ARTICLE 19 - SEVERANCE PAY (Continued) � r� U Q`-gr�3 19.5.3 The employee must file a waiver of reemployment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type), with the City. 19.5.4 The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of his/tiez separation from service. To qualify for $10,000, the employee must have an accumulated balance of at least one hundred (100) days of sick leave credits at the time of his(her separation from service. 14.5.5 If an employee 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 macimum of as shown be]ow based on the number of yeazs of service with the City. Years of Service Mazimnm with the City Severance Pay At Least 20 $5,000 21 $5,500 22 $6,000 23 $6,5�0 24 $7,000 25 $10,000 ARTICLE 20 - WAGE SCHEDULE 20.1 20.2 20.3 • The wage schedule for putposes of this contract sha11 be Appendix A, attached hereto. The Vehicie Mechanic Leadworker rate will be $1.02 per hour higher than the Vehicle Mechanic rate. The Welder Leadworker rate will be $.29 per hour higher than the Welder rate. 17 ARTICLE 20 - WAGE SCHEDULE (Continued) 20.4 Emptoyer shail avoid, whenever possible, working an employee on an aut-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifreen (15) consecutive working days during a year shall zeceive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth ( I6) day of such assignment. For purposes of this Article, an oui-of-ciass assignment is defined as an assignment of an employee to perform, on a full-time basis, all of the significant duties and responsibilities of a position different from the employee's regulaz posirion, and which is in a classification higher than the classification held by such employee. The rate of pay for an approved out-of-class assignment shall be the sazne rate the empioyee wouId receive if such employee received a regulaz appointment to the higher classification. ARTICLE 21- STRIKES, LOCKOUTS, WORK TNTERFERENCE � 21.1 The IJNION and the EMPLOYER agree that there shall be no strikes, work stoppages, slow-downs, sitdown, stay-in, or other concerted interference with the EMPLOYER'S business or affairs by any of the said LTNION and/or ttie members thereof, and there shall be no bannering during the existence of this AGREEMENT without first using all possible means of peaceful settlement or any controversy which may arise. Employees engaging in sune shall be liable for discipfinary action. . ARTICLE 22 - SICK LEAVE 22.1 Sick Leave With Pay. During any period in which an employee is absent from work on sick leave with pay, the employee shall not be employed or engaged in any occupation for compensation outside of his regulaz city employment. Violation of the provision of this pazagraph by any employee shali be grounds for suspension or discharge. ' s illness or disability of an employee's child, the Employer shall grant leave of absence in accordance w� e . be dedu from the employee's accumulated sick leave credits. If tke employee has no accumulz sick leave credits, such leave shali be granted without pay. 223 In the case of a serious illness or disability of an employee's dependent, parent or household member, other than a chiId, the head of the department shail grant leave with pay in order for the employee to care of or make arrangements for the cate of such disabied persons. Such leave sha11 be drawn from the employee's accumulated sick leave credits. Use of such sick leave shall be limited to forty (40) hours per incident. . 18 pl-g�3 ARTICLE 23 - MATEItNITY LEAVE � 23.1 Matemity Leave. Matemity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the EMPLOYER may approve such leave at its opfion, and such leave may be no longer than one (1) year. ARTICLE 24- LAYOFF AND BUMPING 24.1 As of the effective date of this Agreement, all Vehicle Mechanics and Vehicle Mechanics (Heavy Truck & Equipment) in all Departments other than Fire and Police shall be considered Vehicle Mechanics (Heavy Truck 8c Equipment). Further, Vehicle Mechanic (Heavy Truck & Equipment) class seniority shail be based on all continuous time served in regular or probationary status as a Vehicle Mechanic and Vehicle Mechanic (Heavy Truck & Equipment) since the last date of appointment to either class. 24.2 For purposes of layoff the Employer shall determine the location and number of employees to lay of£ Upon the effective date of layoff, a Vehicle Mechanic (Heavy Truck & Equipment), Vehicle Maintenance Worker (Heavy) and Welder may bump the ]east senior Vehicle Mechanic (Heavy Truck and Equipment), Vehicle Maintenance Worker_ (Heavy), and Welder, respectively, Citywide, excluding the Police and Fire . Departments and Independent School District No. 625. An employee exercising a bump across Department lines shall serve up to six (6) months probation in the Department to which he/she bumps. An employee who does not pass probation shall be laid off: The provisions of this section shail not be subject to Article 17, Grievance Procedure. 243 In the event that the Employer merges gazage operafions, the seniority lists of the affected classes for rhose merged operations only shall be merged. . 19 St°$D3 `J ARTICLE 25 - DURATION AND EFFECTIVE DATE 25.1 The Employer and the Union acknowledge that during the meeting and negofiatittg which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of ttus right aze fully and compietely set forth in ttris agreement. Any and all prior agreements, resolutions, practices, policies or rules or regulations regarding the terms and condirions of employment to the e�ctent they aze inconsistent with this Agreement are hereby superseded. In those azeas where Civil Service Rules are not inconsistent with this Agreement the Civil Service Rules shall continue to be in effect. 25.2 Except as herein provided, this Agreement sha11 be effective as of the date it is executed by the parties and sha11 continue in full force and effect through December 31, 2003 and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend, or modify this Agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1984. Any retroactiviry shall be owed only to employees who continue to be employed by the City at the time this Collective Bazgaining Agreement is signed by the Union. 25.3 This constitutes a tentative agreement between the parhies which will be recommended by the Director of Labor Relations, but is subject to the approval of the Administration of the a City, the City Council and is also subject to ratificafion by the Union. WITNESSES: . CITY OF SA1NT PAUL BY: � � T Haltiner Labor Relations Manager Date, �] Z �� v DISTRICT LODGE N0. 77, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO BY• ��"� -. Gary chmidt Business Representative Date: 5 U 20 APPENDIX A The Wage increases agreed to by the Union and Employer aze: A two and three-quarters percent (2.75%) across the board increase as of, September 22, 2001, a three percent {3.0%) across the board increase as • of October 5, 2002 and a three percent (3.0%) across the boazd increase as of December 28, 2002. The wage rates and salary ranges for classifications in tius unit aze shown below: Auto Body Repairer Machi�ist Mechanic Weider Toolmaker-Water Utility Vehicie Mechanic Vehic4e Mechanic (Hvy Tr & Eq} Vehicie Mechanic Lead Worker Welder Welder �eadworker r1 � � J Equipement Repairer Fire Building Repairer Fire Equipement Servicer Marina Mechanic Traffic Mtnc Worker prior to 7/1 /91 Traffic Mtnc Worker after 7/'it91 Vehicie Mtnc Worker (Hvy) prior to 7/1f91 Vehicle Mtnc Worker (Hvy) after 7/1/91 "Vehicle Mtnc Worker (Light} Part Runner Comm Tech Helper First Third Fourth Fifth Sixth Seventh Eighth Start 9/22l01 10/5/02 12/28/02 $11.90 $12.26 $12.62 $12.94 $13.32 $13.72 9/22/01 $ 2'129 $ 21.29 $2129 $ 23.00 $ 21.29 $2129 $ 22.31 $ 2129 $ 21.58 9/22/01 $ 18.00 $ 18.00 $ 18.00 $ 17.67 $ 1&AO $ 16.44 $ 18.00 $ 15.87 $ 16.89 10/5/02 $ 21.93 $ 21.93 $ 21.93 $ 23.69 $ 21.93 $ 21.93 $ 22.95 $ 21.93 $ 2222 Start 10/5/02 12l28/02 $18.54 $ 19.10 $18.54 $ 19.10 $18.54 $ 19.10 $18.20 $ 18.75 $18.54 $ 19.10 $16.93 $ 17.44 $18.54 $ 19.10 $16.35 $ 16.84 $17.40 $ 17.92 6 months 9/22/01 10/5l02 12/28/02 $12.56 $13.25 $13.56 $13.23 $13.63 $14.04 Vehicle Mechanic Trainee 2000 hours 60% of the Vehicle mechanic base rate 1000 hours 65% of the Vehicle Mechanic base rate 1000 hours 70°/a of the Vehicle Mechanic base rate 1000 hours 75°/a of the Vehicle Mechanic base rate 1000 hours 80% of the Vehicie Mechanic base rate 1000 hours 85% of the Vehic4e Mechanic base rate 10D0 hours 90°l0 of the Vehicle Mechanic base rate 12l28/02 $ 22.59 $ 22.59 $ 22.59 $ 24.40 $ 22.59 $ 22.59 $ 23.61 $ 22.59 $ 22.88 6 months 9/22/01 $ 18.85 $ 18.85 $ 18.85 $ 'I 8.43 $ 18.85 $ 17.16 $ 18.85 $ 16.59 $ 17.85 10l5lQ2 $ 19.42 $ 19.42 $ 19.42 $18.99 $ 19.42 $ 17.67 $ 19.42 $ 17.09 $ 18.18 1 Zl28/�2 $ 20.00 $ 20.00 $ 20.Q0 $ 19.56 $ 20.00 $ 1820 $ 20.00 $ 17.60 $ 18.73 1 year 9l22(Q 1 10l5l02 12l28l02 $13.87 $14.29 $14.72 $13,87 $14.29 $14.72 Additional.2% for freezing of singie health insurance contribution in 2002 to be added to the title of "Traffic Maintenance Worker after 711l91" in the amount of $.55fhr prior to applying the across the board rate for 2001 �1