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265463 WHITE - CITY CLERK A � PINK - FJNANCE COIIIICII �65 Rs� CAN�Y�-"tSEPARTMENT GITY OF SAINT PALTL BLlic: - MAVOR Flle NO. � rdin�nce Ordinance N O. �s�.� Presented B i� Y Referred To Committee: Date Out of Committee By Date An Administrative Ordinance approving the non-economic terms and conditions of a collective bargaining agreement between the City of Saint Paul and the Saint Paul Professional Employees Association, "White Collar" Supervisory Unit, representi.ng the "White Colla.r" Supervisory em- ployees 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, recognizes the Sai.nt Paul Professional Employeea Associa- tion, "White Collar" Supervisory Unit, as exclusive representative for those classes of positions within the City of Saint Paul certified by the Bureau of Mediation Services under Case No. 74-PR-207-A for the purpose of ineeting and negotiating the terms and conditions of employment for all personnel in the classes of positions as aet forth in the agreement between the City and the exclusive representatives hereinabove referenced; and WHEREAS, The City through designated representatives and the exclusive represEntative� have met in good faith and have negotiated the non-economic terms and conditions of employment for the calendar year of 1975 for such personnel, as are set forth in the Collective Bargaining Agreement between the City and exclusive representatives; now, therefore THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAZN: Section 1. That the Collective Bargaining Agreement dated as of the effective date of this Ordinance between the City of Saint Paul and the Saint Paul Professional Employees Association, ''White Collar" 5upervisory Unit, 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 �aid agreement on behalf of the City. _ 1 _ COUNCILMEN Yeas Nays Requested by Department of: Christensen Hozza In Favor Levine Rcedler Against BY Sylvester Tedesco President Hunt Adopted by Council: Date Form Ap roved y Cit A torney c Certified Passed by Council Secretary BY By Approved by Mayor: Date Approved b ayor ' n to ncil By By WHITE - CITV CLERK 265463 PINK - FiNANCE COIlI1C11 �A��- PSEPARTMENT GITY OF SAINT PAUL BL -MAYOR File NO. . � Q O r in�znce Ordinance N 0. ��L� 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 retro- actively to January 4, 1975, 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. Appr ove d: hairman Civil Service Commi sion _ 2 _ COUNCILMEIV Yeas Nays Requested by Department of: Christensen �ezza- �w'1�' _.� In Favor Levine Rcedler �_ Against BY Sylvester Tedesco President Hr�l��}OLGO�. �M 3 ��J Form A rove by City tto e Adopted by Council: Date Certified sse b Counc' cretar BY By Approv or: Da Approved b ayor o cil By By �ua��tt� JUN �i � ;�; ;� � ' , , ��.. . . � �, , ��.- . . . _ �65463 OQLLECTIVE BARGA�I�TING AGREII�NT SE1�r1EEIt1 . T� CITY OF SAINT PAUL A!� � CITY OF SAINT PAUL PROFESSIONAL EMPIAYE'ES ASSOCIATIO� 1A�TiT 1�0. 2 "fiHITE COLLAit SUPERVISORS" _ Thia Agreement, entered into on Dece�ber 23,1974,between �he City of - ;5aint Paul, herainaPter referred to as either the-"Employer" or the "City", and the City of Saiut Paul Professional E�apioyees Association, Unit No. 2 White • Co11ar Supervisors, hereinafter referred to as the "Association", for the purpose � oi Sosterin� and prc�oting harmonious relations between the City suid the • Association in order that a higb level oY public service can be provided to the citizens oP the City. : _ Thia Agreement attempts to accomplish this purpose by providin� a fuller aad �ore coarplete understanding on the part of both the.City and the Association ot their respective rights and responsibilities. � � � �65463 � ARTICIE I Tbe City reco�izes the Association as the exclusive representative� for the T�ihite Co11ar Supervisory Eyaployees of the Professional Group, and certain tTnclassified Supervisoxy Employees, a� certified by the State of Minnesota, Bureau oY Mediation Servises, dated December 11, 1973, Case No. 7l►-PB-207'A end as revised by Unit Clarification Heariag of Bargaining.Unit, April 16, 1g74, Cnse No. 74-PR-�+1�+-A. Thia above vnit as amended consists of the followin8: , � _ _ . . .. _ . .. . . . . . .. . . . . ... .. .__. . . ...._.. . . . .... .. . . .... .._.. ...A�.. � ARTICI.� I (continued) � White Collsr Bargaining Unit . _ ; �65�63 Accountant IV � Director of ScYiool Cafeterias Accoiintant V Director of Testing �,abaratary Arborist IV Director of the� Zoo Assistant Chief Accountant E. D. P. Supervisor Assistant Chief Engineer Engineer of Maintenance Services Assistant City Architect Fireman-Mechanic General Foreman Assistant Director of City Planning General Manager--Water Department Assistant Manager--Water Department License Inspector_ Assistaat Purchasing Agent Local Improvem.ent Engineer Assistant Superintendent of Parks Office Engineer : - _ Assistant to the Director (School Cafeterias) pperations Director.--Civi:c Center Assistant Valuation and Assessment Engineer pro�ect Director (Health Services) Bacteriologist-Chemist III pro3ect .Director (Modei Gities Heelth Progr�., Bridge Engineer �' Public Health Nurse III Chief Accountant Public Works Construction Engineer Chief Cashier--FinEnce Public Works Design Engineer Chief of Central I,ibrary Public Works Sewer Engineer Chief of Extension Services Public Works Tecl�nician IV Chief Surveyor . � Purchasing Agent City Architect Recorder of Council Proceedings City Traffi� Engineer Recreation Director III Civil Engineer IV Superintendent of Li�hting and Electrical Engineer Civil Engineer IV--Water Depar�ment Superintendent of Municipal Garage Deputy Health Officer Superintendent of Parks and Recreation Director of Administration (Health) Superintendent of Water Distribution Director of Enviro:vnental Hygiene Superintendent of Water Supply Director of I,ibraries Supervisor of Assessments Director of Medical Services--Model Cities Supervisor of E�.ections Director oP Pollution Control Supervisor of Housing Inspection � . • � � ARTICLE I (continued) Supervisor of ?anspectors Valustioa and Assessment Engiaeer ,�65463 Snpervisor of 3chool Maintenance Water Chemist III - � s Supervisor of Side�ralk Construction Water Production Eagineer � � . ! 3upervisor of Water. Revenue - E . � ' � - � � ' ' . f IInclassified ` � Asaistant Director of Hwnari Rights -Health OYficer - � � Director of H�mtan Rights Occupational Safety Coordinat.or i B�ergency Preparedness Director Planning Coord3nator ° ; Grants-In-Aid Coordinator .- _ i . � F . . ' . . . . _ ' � • . . � . . .. .. . - " . t . • . � . . . . . .. . . . . � . F . . . - ' . ' . . . � . . - , - . . - � . . . . . �. . � . . - . . . . . � y . . . � . . . . . . +. �. . . . . . . . . � '. � k 1. . � t{ ){ { � i t - �t } } S 1. ip !} 4 . � � [ . i S F i - � � f ' � 1• R �� u �65�6� � . I�AINTENANCE OF STANDARAS The City agrees that all conditions oY employment relating to wages, hour� of work, overtime differentials, vacations and general Working conditions shall be maintained at not less than the highest *�'��nimt�m standard as set forth in the Civil Service Rules of the City of Saint Paul (Ordinance I6o. 3250� and Ordinance No.. 6446 at the time oP the signing of this Agreement, and• the � condi,tions oY employment shall be improved wherever speciPic provisions for improvement are made elsev�here in this Agreement. - . ; � � ti �� 65�6:3 ' � The provisions oP this Agreement shall not abrogate the rights and�or duties oF the F�mployer, the Association, or the employees, as established under the provisions of the PubZic Elnployee I,abor Relations Act of 1971, � as amended. � � � �s5463 � �� N � � A. The Emplayer agrees to deduct the Association membership initiation � A � fee assessments and once each month dues f'rom 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 �nployer by a representative of the � ns of all lo ees shall be remitted � Association and the aggregate deductio �P Y � i together with an itemized statement to the represeatative by the first of the � � # succeeding month aPter such deductions are made or as soon thereafter as is ; � ; ; possible. � • B. The Union agrees to idemnif� and hold the �aployer harmless against ` � any and all claims, suits, orders or �v.dgments brou�ht or issued agaiast the { E City as a result of any action taken or not taken by the City under the � � provisions of this Article. i • i � � ' � � i e f F . � i " k • F. E � . � 4 ; y r . k � . i I _ : � � � � � � � � � � � � �� 265�63 � �� _ �� v . _ Any preseut or ftature employee who ia not aa Association.member. shall be required to contribute s Fair share See for sezwices rendered by the Asaociation. Upon notification by the Association, the �ployer shsll check off said fee from the earnings of the employe� and transmit the same to the Association. In no instance shall the required coutribution exceed a pro rata share of the specific expenses incurred .ior services rendered by the representative in relationship to negotiations and adminia�txation of grievance procedures. It is also uaderstood that in the event the City sha].l mmake an improper fair share deduction frcan the earnings of sn e�ployee, the Association shall be obligated to make the City whole to the exteat that the City shall be required to reimburse such employee for any amount improperly �rithheld. '3'�is provisio� shall remain operative only so lang as specificall,y pro- vided by Minnesota law, and as otherwise legal. . s � � . � � � . , E �. � i , � . � _ , � � . - � prc,�P • r1v • �583� . � 265�63 � �z� � � - A. $eniority, for the purposes of this A�reement, shall�be' defined as follows: The length of continuous, regular and prnbationary service with the employer flcom the date an employee was first certified and appointed to a class title covered by this Agreement,� it being fl�rther understood that seniority is confiaed to the current class assignment held by en employee. It� cases where t�ro or more employee� are appointed to the same cZass title on the same date, the seniority shall bs determined by the employee's rank on the eligible list � Yramn Xhich certification was made. � Seniority shall terminate when an employee retires, resigns, or is discharged. : - In the event it is determined by the employer that it is necessary to reduce the work force, employees WiLt be laid of� by class title within each department based on inverse length of seniority as deFiaed above. _ In cases where there are pro�otioaal series� such as E�gineer I, II, III, etc., xhen the number of e�mployees 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 f�om being laid off, before layoffs are made by any class title in any department. Recall from l�yofY shall be in inverse order of layoPf, exeept that recall rights shall expire after one year of layoff. � It is understood that such ea�ployees will pick up their Pormer seniority date in any class of positions that they previously held. � � . . - - � � �65�6�3 ARTICr� vI (continuea) B. To the extent possible, vacation periods stiall be assigned on the basis oY seaiority. It ia, ho�ever, understood that vacation assignment shall be sub�ect to the ability of the employer to maintain operations. C. Working Out of Classification - �nployer shall av�oid, whenever possible, � Morking an employee an an out-oP-class assig�nment for a prolonged per�od of time. Aqy employee �orking an out-of-class assignment for a period in excess of Pif'teen (15) working days during any fiscal year of' e�»ployer, sha17. receive the rate oP pay for the out-oY-class assignment in a. higher classification not later than the sixteenth day oY such sssignment. For purposes af this article, an out-of-class assi�ment is defined as the ftiill-time perPormance of all of th� significant duties � and responsibilities of a classifieation by an individual in another classification. For the purpose oP this article, the rate of pay Yor an out-of-elass assign�nent shall be the s� rate the employee would receive if he was promoted to the higher classiPication. . � . . I ' � 1 � � � � � � - : . . . ... .. . . ,..�... .. ... .. .... .. .... . . _. ..... . ...y- . � 265�� z� � . Discharges xill be preceded by a five (5) day preliminary suspension without pay. During said period the employee and�or Association may request, and shall � be entitled to a meeting with the E.mployer representative who initiated the suspension with intent to discharge. During the five (5� day period, the Hnployer may aYPirm the suspensioa and discharge in accordance with Civil Service 8ules or may modifyr, or withdraw seme. � • 5 - , . ,_ _ ._ ,. . �. � � �65�6� �� . � � �� Sccept in caaes ot malfeasance in office or willPtiil. or Wanton neglect of duty, E�nployer shall dePend, save harmless and indemnify Employee agai.nst any tort claia or demand, whether ground2ess or otherxise, arising out oY an alleged act or amission occurring in the performance and scope of Employee'a duties. • � � �� . �65�63 A. A grievance is defined as a dispute or disagreement ae to the .� interpretation or application oY the speci�ic t�rms and conditions .oY this` 1lg�reement. - B. The �nployer will recognize representatives desigaated by the Association as the grievance represemtatives of the bargaining unit haviug the duties and responsibilities established by this Article. The Association shall notif�r the employer in writing of the names of such Associatiou Representatives and of their auccessors �hen designated. The �nployer shall notify the Association in writing as to its designated representatives. . C. It is recogni.zed and accepted by 'the Association and the e�ployer that the processing of grievances aa hereinafter provided is limited by the 3ob duties and responsibilities of the employees end shall therefore he.accomplished during normal wc�rkirig hours when consistent_ with such employee duties aud responsibilities. The aggrieved employee and an Associatian representative shall be alloxed a reasanable amot�.nt of time without loss of pay when a .grievance is investigated and presented to the e�nployer during normal working hours provided that the e�aployee and the Aasociation representative have notiYied and received the approval of designated supervisor and provided that such absence is reasonable and would not be detrimental to the work program of the employer. It- is understood thmt the employer shall not use the above limitation to hamper the processing of grievances. D. Grievances, as defined by Paragraph A, shall be resolved in conformance xith the following procedure: . - l. �n 8nployes elaiming a violation concerning the interpretation or application of this Agreement sha3.l, within tWenty-one (21) ealendar days af'ter such alleged violation has occurred, present � such grievance to the E�nployee's supervisor as designated by the Flnployer. The F�nployer-desi�ated representative xill discuss and give an auswer to suc2i Step �l grievance ti+ithin ten (10� calendar � , . _ . ► • ' � ARTICLE D� (continued) . �65��sa3 days after rec�ipt. A gz�ievance 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 zequested, and shall be appealed to Step 2 by the Association within Pifteen (15) calendar days aFter the �ployer- desi�ated representative's final answer in Step 1. Any grievance no�t appealed in writing to Step 2 by the Association within PiFteen (15� calendar days shall be considered waived. - 2. If appealed, the written grievance shall be presented by the Association and discussed with the employer-designated Step 2 representative. Tli� employer-designated representative shall give the Association e,mployer's Step 2 answer in �rriting within ten (10� calendar days Yollowing the employer-designated representative's . final Step 2 answer. Any grievance not appealed in xriting to Step 3 by the Assxiation withi.n ten (10� calendar days shall be considered waived. ` 3. If appealed, the writteri grievance shall be presented by the Association and discussed with the employer-designated Step 3 representative. The �nployer-designated representative shall give the Association employer's ansxer in writing within ten {10� calendar days aPter receipt of such Step 3 grievance. A grievance not ' resolved in Step 3 may be appealed to Step � within ten (10� calendar days following the �ployer-desi�ated representative's final ariswer in Step 3. Any grievanc�e not appealed in writing to Step �+ by the Association within ten (10� calendar shall be considered waived. k. A grievance unresolved in Step 3 and appealed to Step � by the Association shall be sumbitted to arbitration subject to the provisions of the Public F�nployment Labor Relations Act of 1971 as amended.. � If. a mutually acceptable arbitrator cannot be agreed upon, the • . � ARTICL'r: IX (continued) � � . � ��5463 selection of an arbitrator shall be made in accordance with ths . "Rules Governing the Arbitration of Grievances" as established by the Public m,ployment Relations Board. � . 5. The arbitrator shall have no right to amencl, modify, aullif�r, ignore the te�ns and conditions of this Agreement. The arbitrator shall cansider and decide only the specifYc issue(s� saxbmitted in writing by the Employer and the Assoc3ation, and shall have no authority to make a decision on aay other issue not so submitted. � _ The aribitrator shall be without power to make decisions � coutrary to, or inconsistent wi.th, or modifyirig or varying in any way the application of laws, rules,. or regulatio�s �aving the force and ePfect of law. The arbitrator's decision sball be submitted in � xriting, copies to both parties and the Bureau of Mediation Service � within thirty (30� days following close of the hearin� or the sub- mission of briefs by the parties, whi.chever be later, unless the . parties agree to an extension. The decision shall be bi,ading on both the Employer and the Association and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreeanent and to the facts of the grievance presented. The fees and expenses for the arbitrator's services and � . proceedings shall be borne equally by the �►ployer and the Association provided that each party shall be responsible for compensating its � own representatives and witnesses'. IY 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 a grievance is not presented within the time limits set forth � above� it shall bz considered "waived". If a grievance is not appealed to the next step with3.n the speciYied time limit or any agreed extension • . :,� ARTICLE IX (continued) ,�65�� thereoF, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an : appeal thereof �rithin the specified time limits, the Association may elect to treat the grievance to the next step. The time limit in each step may be extended by mutual �rritten agreement of the H�nployer and the Association in each step. � - . � . prt�� ►�o. �5�3,36 ��5463 �IRTICLE x Mileage A. Automobile Reimbursement Authori2ed: Pursuant to Chapter 92A of the St. Paul Legislative Code, aa amended, pertaining to reimbursement of City officers and employees for the use of their awn sutomobiles in the performance of their duties, the following provisions a.re adopted. Method oP Computation: To be eligible for such reimbursement, all officers and employeea must receive ti+ritten authorization from the Mayor. Reimbursement shall be aiade in accordance with one of the following plans: T 1. For those officers and employees erho are required to use their awn auto�m�biles occasionally for official-City business, reimbursement at the rate of 13 cents for each mile driven. T�e 2. For those officers and employees who are required to use their rnm autamobiles on a regular basis on City business, reimburse- ment +st the rate of $2.50 for each day of work, and in addition there- to at the rate af 6.5 r.ents for each mile driven. Rules and Regulations: The Mayor shall adopt rales and regulations governing the procedur�a for sutomobile reimbursement, which reguilations and rules ahall con- t�gick t�ie r�quirement that recipients shall file daily reports indicating place �f origin and destination and applicable mileage ratings thereat and indicsting totsl miles driven, and shall file mouthly affidavits stating the number of days Worked and the nwnber of miles driven, anci fbrther required that they ma,intain automobile liability insurance in amouats not less than �100,000/300,000 for personal in�ury, and $50,000 for property damage. These rules aad regulations, together with ar�y amendments thereto, ahall be maintained on file xith the City Clerk. The above provisions of this Article shall not apply to employees of Independent School District No. 625. �65463 ARTICLE X - continued B. �ployees of the School District under policy adopted by the Board of Education �na� be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, employees must receime authorisation f5ro� the Diatrict Mileage Co�anittee utilizing one of the follotiring plans: PiAN "A" is reimbursed at the rate of 15¢ per mile. In addition, a maxi� amonnt Which ce.n be pe,id per month is establiahed by an estima�te flirnished by the emplcryee and the employee's supervisor. Another consideration for esta,blishing the maxim� amount can be the experience of another employee working in the aaa►e or similar position. Under thia plan, it is necessary for the employee to keep a record of each trip made. - PLAN "C" provides for reimbursement baaed on a per month 1'�ump sum" amount, This amount is determined by the employee's driving experience under Plan "A" for s period of 3 to 6 months. Those employeea receiv�r� an auto allowance under thi^ plan must report nonthly the nwnber of days the cnr was availa�le during the month. A deduction must be nade from the ltamp sum e,mourYt for each da�y the eiaployee is dn v°a.ca�ion. A deduction need not be me�de for an occasional day o� illnesa or for holidays. �65�63 ARTICLE XI VACATIOR A. In each calendar year, each flzll-time employee shall be granted vncation according to the folloryring schednle: Zears of Service Vacation Uranted 0 - 5 years 10 days 6 yeaxs thru 15 years 15 days 16 years thru 25 years 21 days 25 years or more 22 days F�npl��yees Who work less than full-time shall be granted vacation on a pro rata basis. B. The head of the Department may permit an employee to carry over into the follaw- ing yerr up to ten days' vacation. C. The above provisions of va,cation shall be subject to Ordinance No. 64�+6, Section I, Sub. F. _ ..^M fi.'.?,�. ARTiCLE XI v ,��5��'� This Agreement is subject to the laws of the United States, the State of Minnesota. In the event any provision of this Agreement shall be held to be contrary tc law by a court of compentent jurisdiction from whose f`inal �udgtnent or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions shall continue in Pull force and effect. The voided provision may be renegotiated at the written request of either party. Al1 other provisions of this Agreement shall continue in flill force and effect. i i i � , __ . APPENDIX "A" ��"�� The issne of xagea for the period January 4, 1975 through January 2, �976 has not yet been resolved. 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' �x'� �� ,� � �� ltT�,CHM�I�TS.s �2'�i�� Al1-t� ��t' �� "rl�� " �'� �� . �� .: , : , � � ., . . ,, � ,.` . �� , � . . <<� _ . :,� r=� . �� ` .. , - �_ . �� . � ��il; ��, . �. - . � � , : .�� .. _ ,, : _ ,� : . :;; � ��t� �a�, Sa��"a�l, t�in��,�?�' :. � . � � _ :: . , . . . � �-��:� .. . . .. . ._ : . . . :. . � � ; .a �f�w lst 5" �5 �/�a 2r�d 3rd ��,� �::c��ed ��`� Yeas � Nays \itilliS.'�rL+l' �`$ulY liV l.�L�C'+ �"� ��'�'L �65463 no�D�:a j i.71 Y�il'Jl1 . TEDESCO PRESIDENT (HUNT)