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265128 WHITE - CITV CLERK �����,g-�.... PINK - FINANCE COIIIIC11 �i� CANARY - DEPARTMENT GITY OF SAINT PAUL File NO. �� BLUE r�v1�AYOR, . . . �s��� r. ! - o ni /� N �� Presented By � oc . Referred To Committee: Date Out of Committee By Date Asi Administrative Ordinance approving the terms and . conditions of a Collective Bargaining Agreement between the City of Saint Paul and the Professional Employees Association representing the non-supervisory professional employees of the City of Saint Paul, WHEREAS, The Council, pursuant to the provisions of Section 12. 09 of the Saint Paul City Charter and the Public Employees Labor Relations Act of 1971, as amended, recognizes the Professional Employees Association as exclusive representative for those classes of positions within the City of Saint Pau.l certified by the Bureau of Mediation Services under Case No. 74-PR209-A for the purpose of ineeting and negotiating the terms and conditions of employ- ment for all full-time personnel in the classes of positions as set forth in the agreement between the City and the exclusive representatives hereinabove referenced; and WHEREAS, The City through designated representatives and the exclusive representatives have been in good faith and have negotiated the economic terms and conditions of employment for the calendar year of 1975 for such per- sonnel, as are set forth in the Collective $argaining Agreement between the City and exclusive representatives; now, therefore THE COUNCIL OF THE CITY OF SAIlVT PAUL DOES ORDAIN: Section 1. That the Collective Bargaining Agreement dated as of the effective date of this Ordinance between the City of Saint Paul and the Pro- fessional Employees Association, on file in the office of the City Clerk is hereby approved and the authorized administrative officials of the City are hereby authorized and directed to execute said agreement on behalf of the City. - 1 - COUIVCILMEIV Requested by Department of: Yeas Nays Christensen Hozza [n Favor Levine Rcedler Against BY Sylvester Tedesco President Hunt � � Form �pprove by City ttor(ie Adopted by Council: Date ��,1 � Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved May b ' 'on Council By By WH17E - CITY CLERK PINK - FINANCE GITY OF SAINT PAUL Council ���,���� CANARY - DEPARTMENT 1 BLUE -�MAYOR� Flle NO. .� . . � s_7 9� .. . - c� RD> t�1PrNCC Presented By Referred To Committee: Date Out of Committee By Date Section 2. That all of the terms and conditions set forth in said Collective Bargaining Agreement shall take force and effect retroactively to January 4, 1975, except as otherwise provlded in said agreement, in accordance with the expressed intent and agreement of the Council contained in Council File No. 264748. Section 3. That any other Ordinance , rule or regulation in force when said agreement takes effect, inconsistent with any provision of the terms and conditions of said agreement, is hereby repealed. Section 4. That this Ordinance shall take effect and be in force thirty (30) days after its passage, approval and publication. Approved: J ai rman Civil Service Commission - 2 - COUIVCILMEN Requested by Department of: Yeas Nays Christensen Hozza In Favor Levine Rcedler � g Sylvester Against Y � -�'�desc� President Hunt �II�� 2 � �9�J Form pprovediby City ttorn Adopted by Council: Date t Certified s. by ounc' cretar B � By Appro Mayor: D � � � Approved by yor r b ' ion Council By By - , �8Lts3�t� APR 5 ���� . • . � TITLES AND SALARIES ������ , . Library Technician I (Display) � Libra.ry Technician I (Fine Arts) Library Technician I (Genera.l) A B C D E F 10_�r• 15-yr. �i3.00 432.50 452.00 473.50 496:00 5i9.00 533.50 5�9.00 Arborist I . Dietician Eanergency Preparedness Education Officer I Information Specialist Libra.rian I . . Pro�ect Social„`Worker I � Public Health Nurse I ` . Recreation Director I �+35.50 �+57.o0 478.5fl �99.50 ° 5�3.50 - 549..o0 563.o0 581.o0 - Accounta.nt I Bacteriologist-Chemist I City Planner I - City Planning Research Analyst I � Economic Planxier I � � . Evalustion Coordinator � :-;.-. . Graphic Artist I $ealth Etlucator I � - Health Statistician I � � � Human Resources Planner I � Industrial Hygienist I _ I,ibrary Technicia.n II iDisplay) • Library Technician II (F�.ne Arts) ,.�,Libra.ry Technician II (Genera.l) Manpower Planner I - Physical Planner I � , Program Developer I : Pro3ect Assistant I Project Coordinator I � Public Health Nurse II Research Ana.lyst I Sanitarian I Social Planne:� I . Systems Analyst I • - 1�60.50 �82.50 505.5� 529•50 554.50 581.00 597.00 613.50 , _ � - . 4. . � srr�s a�an s�ar,ax�s (Gontinned) _ _"�"�,�� � . Arborist II Chemist I . Criminalist I Emergencg Preparedness Education OfFicer II � Libra.rian II � Pro�ect Director--Recreation � Project 5ocial Worker II . Recreation Director II • Water Chemist I A B C D E F 10_yr• 15-yr. 1+87.50 510.50 53�.50 560.00 . 586.50 615.00 632.50 650.50 Accotintant II � Air Pollution Control �igineer I - . Architect I Bacteriologist-Chemist II - , � � • � City Planner II- City Planni.ng Research Analyst IS - Civil Engineer I � ' Civil Engineer I-Water Department : � Economic Planner II � � . • Electrical En�ineer I Evalumtion Coordinator II Graphic Artist II � : . Health Educator II � Health Statistician II - Human Resources Planner II - Industrial Hygienist II ' �,ndscape Ar.chitect I � Manpower Planner II Mechanical Engineer I Physical Planner II _._ Procurement Coordinator Program Developer II Pro�ect Assistarit II Pro�ect Coordinator`II � Research Analyst II Sanitarian II ' Social Planner II - Structural Engineer I ' Systems Ana.lyst IT � Tra.ffic Engine�r I . . 516.00 539.� 565.50 591.50 620.50 6�+9.00 . 668.50 687.00 I,ibrarian III 545.50 571.00 598.50 626.00 656.00 687.50 707.50 728.00 - 2 - . , ' ' TITLES AIQD S�►T.ARTF's (Continued) : r����,�� � Administrative Assistant--City Planning . Administrative Assistant--Public Works Departmeat Arborist III . _ � Architect II : Assistant Chief Surveyor _ Chemist II . City Planner III City Planning Research Analyst III � Civil Engineer II - � Civil Engineer II--Water Departm.ent Co�munity Facilities Planner 3II Community Rela.tions SpecialiSt--H� Rights Department Criminalist II - . Economic Planner IIT - Electrical Engineer II � � �nergencq Preparedness Officer Environmental Planner III Evaluation Coordinator III , . $ealth Educator III - � Health Statistician III - � . Housiag Planner III _ Human Resources Development 5pecialist :, _ . Human Resources Planner III . Human Rights Analyst-Researcher. _ . - � I,e.ndscape 1�rchitect II ' . Ma.npower Pla.nner III Mechanical Engineer II . _ . . Personnel Officer . Pharmacist - Phqsical Planner III - Program Developer III : Pro�ect Coordinator III Public Systems Planner III Research Analyst III Sanitarian III , Social Planner III ` Structural Engineer II Systems Ana.lyst III • Traffic Engineer II Water Chemist II A H C D E F 10_3rr• 15_yr•. 560.50 587.00 615.50 644.50 675.50 707.50 728.00 ?�9.50 Accountant �II *Architectural Designer Assista.nt Gra.nts-In-Aid Coordinator . 593.50 621.50 651.00 681.50 715.00 7�8.00 ??0.00 792.50 ' � , 3 _ . . � � TITLES AND SAIARIES (Continued) ���-'-'�.�� Evalue.tion Coordina.tor IV Fiscal and Operations Coordinator Industrial Kygienist III _ Lib ra.rian N (Chi ldren and Youth) � Libraria.n IV (Circula,tion) Zibrari�:n IV (Extension) ` Libra.rian N (Fine Arts and Audio-Yisual� . ` Librarian IV (Reference) Librarian IV (Science and Industry) Libra.rian lq (Technical 3ervices) Physical Pla,nner N . • � Progra,m Developer N Social Pla.nner IV - - J4 B C D � E . . F 10_yr• 15_yr• 627.50 656.So � 689.o0 722.o0 757.oo_ 79�+.oo ; Si7.50 . 8�+i.50 Administrative Assistant Arborist N . � Architect III � Chief Public Buildings Technician ' City Planner N City Planning Research Analyst IY �ivil Engineer III Civil Engineer III--Water Department � � Community Development Coordinator - Comraunity Facilities Planner IP . Community Relations SpeciaZist • Data Ba.se Coordinator - Economic Planner N Electrical Engineer III Environmental Planner TV Housing Planner N � Human Resources Planner IV � Landscape Architect III Mechanical Engineer III Medicel Examiner (Aurist) Medical Examiner (General)' Medical Examiner (Oculist) . Medical Examiner (Orthopedist) • Medical Exa.miner (Pediatrist) - Medical Examiner (Psychiatrist) Medical Examiner (Roentgenologist) � � l�eighborhood Improvement Coord.ina.tor Planning Analyst (Capital Improvements) ' , Public Systems Planner IV Research Analyst IY Structural Engineer III Traffic Engineer III . _ 664.50 695.00 ?29•� 764.50 799.So 839.00 863.50 888.50 � . � � T� � � .. . • � TITI,ES AND SAT.ARTFS ���� � : . (Continued} � �- _ „�, Planning Supervisor A B C D E F 10_yr• 15- r. . 703.00 735.50 770.50 807.50 846.50 888.50 91.3.50 940.00 Public BuiYdings Design Engineer • 722.50 758.00 795.00 833.50 873.00 g15.00 9�+1.00 968.50 Pro�ect Director--Information Systems ' � 907.50 951.50 996.oa io�5.o0 1096.00 �50:50 - v.83.5o i219.50 �Title abolished except as to present incumbents. � _ 5 _ • _., , . . , , , .. ,_:. .: <: � � � � � � � � � ���' � � . ��� ,- �;� � �♦yttr o� �, " � . . �► . . ` ` . o �' � r .���� �� ��:���F ���� '. �.�� .�. _ � '�►� � ,�o ' "�; «�.. Q���GE !Of THE��t'f.Y /ll3�+#�i��"���CAT+�� ��: � , . ; . �"L�t� �. _IC��:t�Y � ; ` �P��� �0 T E f�0��. f�[���.� ..�1 • �Yt3R .�` �:. ; . � .�� �k'F3s: Jd�tu�y 3],r i975 � . F �;, �G�r���N.G a Tlze Me�as�tt�dum o# Ac�reement bet�oe��-the'�i�Ly� c'��. $�►3.ttt +: Faul at�d t.�e Prof�ssional Employe�s A�soci.a�.ie�� a�ep�eaa�st��g : the non-�erviso�y prafessioaa]. em�lc�yees fcr �e ��rea�;.a! 1975. Tl� �tgre�ment csllffi for a 1(#�.sal.axy it����� �or the.empl�:es 3.� this 9�oup. !�ete a�e �puwt���:Y 2�S E emplo�ees in this g�rou�. . , . , , ,. . . -� ; . � �:; ; - � i . � - SOURC�:; Civil Sernice �ffice _ , . . .� _. � , � , , .. ,_ ,. „ _. ,�..� 1!�'�`.���t��`�t�QO�ESTE�: � � .� I xe�m�nend you� aPP�'t�val ;arad ��ion a� ��. ' ;�r • ° Resolution to the Gity CowYC��:. , - , , , : k . . .. .. .. _ .. -_ � .. �. � � ... . . - . . . , $ ✓!� '� '' ... . . ' . . . . . . � � ...�. . -�. . . � .. .. . .. ..:�. , ::. ."�Y�. M ... -- � - . . . - . . . � . .-, . .. . .. ' .. . " . ,. . ..., . - ..` ' � :`` ` � A����?��NT3:z . ., _ , . � , . Rescalntion a�ci Collee�t3ve Sarg� 31g t 4 -�, r ,. ., . , ; „�. . _,,. �, : _ �a�y �la�, Saint Paul, Minnesc�#�t-���'�A: _ � R. . • � � � ������ ���� �� �� - � B�� . Tt� CITY OF S�AINr PAUL AI� - T� CITY OF SAINT PAUL PROFESSIONAL EMPIAYEES ASSOCLATION TJNIT NO. I This Agreement, entered into on December 23, 1}7k, between the City of St. Paul, hereinaFter referred to as either the "Employer".or the "City", and the City of St. Paul Professional Employees �issociation, Unit No. I, hereinafGer reierred to as bhe "Association", for the purpase of fvstering and pro�moting harmonious relations between the City and the Association in order that a high level of public service can be provided to the citizens of the City. - - . The Agreement attempta to accomplish this purpose by providiag a f�].ler and more complete understanding on the part oP both the City and the Associat3on of their respective rights and responsibilities. � � ARTICLE I � The City recognizes the Association as the exclusive representative for the Classified Professional E�nployees Group, as certified by the State of Minnesota Bureau of Mediation Services, dated December lI, 19rt3, Case No. 7�+-PB-209-A. This above unit consists of the following: Accountant I Architectural Designer Aeconntant II Asst. Chief Surveyor Accountant III Asst. Grants-In-Aid Coordinator Administrative Assistant Bacteriologist-Chemist I � Admin. Asst.--Public i�iorks Dept. Bacteriologist-Chemist II �4ir Pollution Control ESngineer I Chemist I Arborist I .Chemist II Arborist II Chief Public Bldgs. Technician Arborist III City Planner I Arborist IY City Planner II . . �2 - �����_:�� City Planner III Health Statistician II _ City Planner IY Health Statistician ITI � City Planning Research Analyst I Housing Planner III City Planning Research Analyst II Housing Planner IV City Planning Research Analyst III Human Resources Develop. Specialist City Planning Research Analyst IV Human Resources Planner I Civil EngineeF I Human Resources Planner II Civil Engineer I--Water Department Human Resources Planner III Civil En�ineer II Human Resources Planner IV Civil Engineer II-Water Department Human Rights Analyst--Researcher Civil Engineer III Industrial �ygienist I Civil Engineer III-Water Department Industrial Hygienist II Coimnunity Development Coordinator Industrial Hygienist III ' � Community Facilities Planner III Information Specialist Community Facilities Planner N I,and Use Planner III - � Community ReZations Specialist � Land Use Planner IV Communi+.y Relations Specialist-- Landscape Archi:tect I Human Rights D�partment I,andscape Architect II ' � Criminalist I Landscape Architect ITI Criminalist II Librarian I � Data Base Coordinator Librarian II � Dietician Librarian III . Economic Planner I Librarian IV (Children and Youth) Economic Planner II Librarian IV {Extension) Economic Planner III 1,ibraxian IV (Circ.ulation) _ Economic Planner IV Librarian IV (Fine Arts and�Audio-Vis.) Electrical Engineer I Librarian IV (Reference) - Electrical Engineer II Librarian IV (Science and Industry) • Electrical Engineer III Librarian IV (Technieal Services) �nergency Preparedness Educ. Officer I Library Technician I (Display) Eynergency Preparedness Educ. Officer II Library Technician I (Fine Arts) Emergency Preparedness Officer Library Technician I (General) Envirorunental Planner III Library Technician II (Display) Environmental Planner IV Library Technician II (Fine Arts) Evaluation Coordinator I Library Technician II (General� Evaluation Coordinator II Manpower Planner I Evaluation Coordinator III Manpower Planner II . Evaluation Coordinator IV Msnpower Planner IYI Fiscal and Operations Coordinator Mechanical Engineer I Graphic Artist I Mechanical Engineer II . Graphic Artist II Mechanical Engineer III Health Educator I Medical Examiner (Aurist) • Health Educator iI Medical Examiner (General) Health Educator III Medical E�caminer (Oculist) Health Statistician T Medical Examiner (Orthopedist) ' . . r . .. . � _ . . � - � . Medical F�caminer (Pediatrist) Recreation Directar I Medical Examiner (Psychiatrist) Recreation Director II � �,L—.� Medical Examiner (Roentgenologist) Research Analyst I f. �.:�tJ�,�� Neighborhood Improvement Coordinator Research Analyst II Personnel O�ficer Research Analyst III � Pharmacist Research Analyst IV Physical Planner I Sanitarian I Physical Plar.ner II � . Sanitarian II Physical Planner III Sanitarian III Physical Planner IV Social Planner I Planning Analyst (Capital Lnp.� Social Planner II Planning Supervisor Social Planner III Procurement Coordinator Social P1anner IV Program Developer I Structural Engine�r I Program Developer II Structural Engineer II . Program Developer III Structural Engineer III Program Developer IV Systems Analyst S Project Assistant I Systems Analyst II Project Assistant II Systems Analyst III . � Project Coordinator I Traffic Engineer I � Project Coordinator II Traffic Engineer II Project Coordinator III Traffic Engineer ITI Project Director--Recreation Water Chemist T ' Project Social Worker I Water Chemist II Project Social Worker II Public Buildings Design Engineer � Public Health Nurse I . Public Health PJurse II • Public Systems Planner III Public Systems Planner IV AR'TICLE II The City will bargain collectively with the Association with respect to rates of pay, wages, hours and all conditions pertaining to employment that are�not covered in this Agreement or in the Civil Service Rales as they existed on May 28, 19"j4. � ARTICLE III The provisions of this Agreement shall not abrogate the ri�hts and�or duties of the E�ployer, the Association, or the employees, as established under the provisions of the Public Employee Labor Relations Act of 1971, as amended. " �• . . _ k _ . .. . ��5�,�8 ARTICI�E IV A. The F�mployer agrees to deduct the Association membership initiation fee assessments and once each month dues 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 representative of the Association and the � aggregate deductions of all employees shall be remitted together with an itemized . statement to the representative by the first of the succeeding month after such deductions are .made or as soon thereafter as is possible. ' � B. The Union agrees to idemnify and hold the F�nployer harmless against any and all claims, suits, orders or judgments brought or issued .against the City as a result of any action taken or not taken by the City under the provisions of this Axticle. : ARTICLE V • Any present or �iture enployee who is not an Association member shsll be required to contribute a fair share fee for services rendered by the Association. � Upon notification by the Association, the employer .shall check off said fee from the earnings of the emp2oyee and transmit the same to the Assbciation. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. It is also. understood that in the event the City shall make an improper fair share deduction from the earnings of an employee, the Association shall be abligated to .make the City whole to the extent that the City shall be required to reimburse such em�loyee for any amount improperly withheld. � This provision shall remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. . _ 5 _ _� . . ARTIC7� vI '� � ��•��,�� A. The regular hours of xork each day shall be consecutive except theit they � ' may be interrupted by a lurich period not to exceed one hour. This proviaion shall not be operative under any oP the Yolloxing circumstances: l. When.past practice is otherwise. � 2. �lhere the nature o� the work requir+es a split shift. 3. Where the �nployer and employee mutusLl,y agree to a split shiPt. Upon request of the A�ssociation the parties shall reviea any changes in existing scheduling. 8. The work week shall consist oF Pive consecutive eight hour days, except when past practice is other�+ise. Upon request oP the Associetian the parties shall review any changes in existing scheduling. . � AR1'ICI1� VII � � • A. Seniority, for the purpose oP this Agreement, shall be defined as follaws: . The length of continuous, regular and probationary service With �he employer Prom the date an employee was Yirst certified and appointed to a class title covered by this Agreement, it being ri�rther understood that seniority is conYined to the. current class assi�ament held by an employee. In cases where two or more employees are appointed to the same eZass title on the same date, the seniority shall be deter- mined by the employee's rank on the eligible iist from which certification was made. 5eniority shall terminate when an employee retires, resigns, or is discharged. In the event it is determined by the employer that it �.s necessary to reduce the work force, employees will be laid off by class title within each Department based on inverse length of seniority as defined above. . . In cases where there are promotional series, such as Engiaeer I, II, III, etc., when the number of employees in the higher titles is to be reduced, employees who have held lower titles will be offered reductions to the highest title to which class � seniority would keep them from being laid off, hefore layoffs are made by any class title, in any Department. . � � - 6 - � ��5�.�8 - ARTTCLE vII (continuea) � Recall Prom layoff sha11 be in inverse order of leyoff, except that recall rights shall expire after one year of layoff. It is underst�od that such employees will pick up their Pormer seniority date in any class of positions that they previously held. B. To the extent possible, vacation period shall. be assigned on the basis of seniority. It is however, understood that vacation assignment shall be sub�ect to the ability of the employer to maintain operations. , C. . Working Out of Classification - F.mployer shall avoid, whenever possible, Working an employee on an out-of-class assignment for a proTor�ged period of time. � Any emvloyee working an out-of-class assignme�ft for a period in excess of Pifteen (15) working days during any fiscal year of Elaployer, shall receive �the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth day oY such assignment. For purposes of this article, an out-oP-class assignment is � . defined as the ftill-time performance of all of the significant duties and responsibilities of a classification by an individual in another calssiFication. For the purpose of this article, the rate of pay for an out-oP-class assignment shall be the same rate the employee would receive if he were promoted to the higher classification. ARTICLE VIII Discharges will be preceded hy a five (5) day preliminary suspension without � pay. During said period the employee and�or Association may request, and shall be e�titled to a meeting with the Dnployer representative who i.nitiated the suspension with intent to discharge. During the fiYe (5) day period, the Employer may afPirm the suspension _ � _ and discharge in accordance with Civil Service Rules or may modify, or withdaraw ssme. � t � V ARTICLE IX �- �-�t,l�,� 7�EGAL SERVICES .E`xcept in cases of malfeasance in office or willful or �aanton negiect of. duty, Elaployer shall defend, save harmless and indemnify F,�nployee`against any tort .claim or demand, whether �roundless or otherwise, arising out of an alleged act or omission occurring in the performance and scope of Employee's duties. � ARTICLE X � A. A grievance is defined as a dispute or.disagreemer�t. as to the interpret- ation or application of the specific terms and conditions of this Agreement. B. The Employer will recognize representatives desigrra�ed by t�ie Association as the grievance representatives of the bargainin� unit having the dutie.s and responsibil- ities estab lished by this Ar.ticle. The Association shall� notify .the: bnployer in writing oP the names of such Association Representatives and of their s�xccessors when designated. � The Employer shall noti� the Association in writing as to .its; designated representatives. C. It is recognized and accepted.by the Association and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the F�nployees and shall therefore be accomplished during normal working hours when consistent with such Employee duties and:responsibilites. The aggrieved Employee and an Association Representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the Employer durin� normal working hours provided that the �mployee and Association Representative have notified and received the approval of designated supervisor and provided that such ab- sence is reasonable and would not be detrimental to the work programs of the E�nployer. It is understood that the bnployer shall not use the above limitation to hamper the processing oP grievances. D. Grievances, as defined by Paragraph A, shall be resolved in conformance with the following procedure: � � l. An F2nployee claiming a violation concerning the interpretation or appli- cation of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the �r:ployee's supervisor as designated by the� baployer. � , - � � "� ' The F�ployer-designated representative �rill discuss and give an ,���'�'� �.'Q _ , ..0 ansxer to such Step 1 grievance within tea (10) caleadar days aPter . , � receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be - appealed to Step 2 by the Association within fifteen (15� calendar days after the E�nployer-designated representative's final answer in 3tep 1. Any grievance not appealed in writing to Step 2 by the � Association within fiYteen (15) calendar days shell be considered waived. 2. IP appealed, the written grievance�shall be presented by the . Association and discussed with the F�nployer-designated Step 2 � representative. The �mployer-designated representative shall give the Association E�mployer's Step 2 answer in writing �within ten (10) calendar � days following the F�nployer-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3.by the - Association within ten (10) calendar � days shall be considered waived. . 3. IP appealed, the wri.tten grievance shall be_ presented by the Association and discussed with the �mployer-designated Step 3 representa- tive. The bnployer-designated representative shall give the Assaciation �mployer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in 3tep 3 may be appealed to Step 4 within ten (10) calendsr days following the E�nployer- � designated representative's Yinal answer in Step 3. Any grievance not � appealed in writing to Step 4 by the Association within ten (14) calendar . days shall be considered waived. . � . � � � . - 9 ' � ,������ 4. A grievance unresolved in Step 3 and appealed to Step �+ by the Association shall be submitted to arbitration sub�ect to the provisions of the Public F�ployment Labor Relations Act of 1971 as amended. .If a mutually acceptable arbitrator cannot be agreed upon, the selection of an arbitrator shall be made in accordance with the "Rules Governin� the Arbitration of Grievances" as established by the Public E�aployment Relations Board. 5. The arbitrator shall have no right to amend, modify, nullify, i�nore . the terms and conditions of this Agreement. The«�rbitrator shall eonsider and decide only the specific issue(s) submitted in writing by the F�nployer and the Association, and shall have no anthority to mak� a decision on, any other issue not so submitted. ' - , The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way t�e application of laws, rules, or regulations having the force ,and ef.fect of law. The . arbitrator's decision shall be submitted in writing, copies to both parties and the Bureau of Mediation Service within thirty (30) days followin� the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the F]nployer and the Association and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The fees and expenses for the arbitrator's servi�es and proceedings shall be borne equally by the E�nployer and the Association provided that each party shall be responsible for compensating its own representatives and witnesses. IP either party desires a verbatim record of the proceedings, . it may cause such a record to be made, providing it pays for the record. � If both parties desire a verbatim record of the proceedings the cost shall be shared equally. � � _. - � - � ,����,�� If n grievance is not presented within� the time limits set Por�h�:above, it shall be considered "waived". If e grievsnce is not appealed to the next, step, within the specified time limit or any agreed extension thereof, it shall_ be considered settled on the basis of the �aployer`s last answer, If the baployer does not answer a grievance or an appeal thereoP within the specified time limits, the Association may elect to treat the grievance to.the next step. The ti.me limit in each step may be extended by mutual written sgreement: of the F3nployer and the Association in each step. � � ARTICYE XI .. The parties hereto have agreed that the following wage �snd fringe improvements shall constitute the ecomonic settlement between the parties Por-.the year 1975: l. A salary increase of 10°� (ten per cent) applied tq alI grades. 2. Provide $5,000 paid life insurance (sems as for active employees) . for those who retire prior to age 65, to be continued to age 65. 3. M�odify the vacation carry-over policy, to .allow an employee to carry over into the following year up�to eigh�y hours of vacation t�ith the approval of the department hesd. {Replaces present Porty- hour maximum.) � . � ' "� ' `������ w �r � .. 11i111Cy.�. X11 � .� . .. r111iCY'i1�T�+ � . . . .. Section 1. That Chapter 92A of the Saint Paul Legislative Code, as amencied . pertaining to Reimbursement of City Employees and Officers for the use of their own automobilies on offical City business, be and the same is hereby further smended by del�ting the entire Chapter 92A and adopting the following in lieu and in place thereof: � 92A.01-Auto Reimburser.►ent Authorized: City officers .and enployees may be reimbursed for the use of their own automobiles for official City business. To be eligible for such reim- bursement all officers and employees must receive �rritten authorization � from the b3ayor, and reimbursement shall be made in accordance with ane of the following plans: T e I. For those officers and employees who are reAuir.ed� to use their own autamobiles occasionally for official City business, reimbursement at the rate of 13 cents for each mile driven. , e 2. For those �fficers �and employees w�ho are required �to use . their own automobile on a regul�r basis on City business, reim- bursement at the rate of $2.50 for each day of work, and in addition thereto at the rate of 6.5 cents for each mile driven. 92A.02-Rules and Regulations: The Mayor shall adopt rules and regulatior.s governing the procedures for automobile reimbu:sement, cahich rebu}.ations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked ' and the number of miles driven, and flirther require that they maintain auto- mobile liability insurance in amounts not less than $100,000�300,000 for personal ir.�ury, and $50,000 for property damage. These rules and regulations, together with any amendments thereto, shall be maintained on file with the City Clerk. . � . — � � ' Fl��� � . � ARTI�.'Lt''+ XIII '4� __..�� � This Agreement is sub�ect to the laws of the United States, the State of � . ' Minnesots. . In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal hes been taken within the time provided, such provisions shall be voided. - All other provisions shall continue in full Porce and effect. The voided provision may be renegotiated at the written request of either party. All other provisions of this Agreement shall continue in full force and efPect. AATICLE XIV DURATION AND EF'FECTZVE DATE . Except as herein provided this Agreement shall be ePfective�as of the date,it is executed by the parties and shall continue in f'ull force and e�'Yect thru � January 2, 1976 and thereafter until modified or amended by mutual agreement of the . parties. Either party desiring to amend or modify this Agresment shall notify the other in writing so as to comply with the provisions of .the Puhlic F�ployment Labor Relations Act of 1971. . This constitutes a tentstive agreement between the parties which will be - recommended by the City Negotiator, but is sub�ect to the approval of the Adminis- tration of the City, of the City Council, and is also subject to ratification by the Association. � City of St. Paul Professional bnployees Association Unit I � . . - ! � y.� s� zst ,�/ � z�a 3/ t.3 3rd 3� �� Adopted ��07 'J'l� Yeas Nays Cii�-��a'�F�SEN H^vZLA ����,,�� � LEVINE ROEDLr,R ` s��v�� J ���,sco PRES�:1.'Yi (HL:VT)