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265561 WHITE — CITV CLERK ^�� C NARV -rDEPAR MENT CO11I1C11 � BLUE — "�'�o� GITY OF SAINT PALTL 'File NO. hed .� � din�nce Ordinance N 0. 'J �y V . � Presented By � Referred To Committee: Date Out of Committee By Date A.n Administrative Ordi.nance approving the terms and conditions of a 1975 Collective Bargainix�.g Agree�qnent be- tween the City of Saint Paul and Local 36 and Looal 967 of the Znternational Union of Operating Engineers, representing certain employee s of the City of 5aint Paul. WHEREAS, The Council, pursuant to the provisions of Section 12. 09 of the Saint Paul City Charter. and the "Public Employeies Labor Relations Act" recognizes Local 36 and Local 967 of the �nternational Union of Operati.ng Engineers as exclusive representatives for those classes of positions within the City of 5aint Paul certified by the Bureau of Mediata.on Services under Case No. 73-PR-449-A for the purpose of ineeting and ! negotiating the terms and conditions of employment for all personnel in the claeses of positions as set forth in the agreement between the City and the exclusive representatives hereinabove referenced; and WHEREA5, The City through designated representa�ives and the exclu- sive representatives have met in good faith and have negotiated certain non- economic terms and conditions of employment for such, persor�nel, as are set forth in the Collective Bargaining Agreement between t�ie City and exclusive _ representatives; now, therefore THE COUNCIL OF THE CIT Y OF SAINT PAUL DOES ORDAIN; Section 1. That the Collective Bargaining Agreement dated as of the effective date of this Ordinance between the City of Saimt Paul and Local 36 and Local 967 of the International Union of Operating Engineers 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 agree- ment on behalf of the City. - 1 - COUNCILMEIV Requested by Department of: Yeas Nays Christensen Hozza [n Favor Levine Rcedler Against BY Sylvester Tedesco President Hunt Form Ap oved b City t orney Adopted by Council: Date Certified Passed by Council Secretary BY � By Approved by Mayor: Date Approve Mayor f n to ncil By BY _ , � . . �., .. �3'1_J� . WH17E -LITV ,CL�ERK CQj]n(,`ll �f5561 PINIC - FINANCE GITY OF SAINT PAUL CANARV - DEPARTMENT BLUE - M�1V0�2 File �O. � � Ordin�znce Ordinance N 0. 158 y 8 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 on the effective date of this ordinance. Section 3, That any other Ordinance, rule or regulation in force when said agreement takes effect, i.nconsistent with any provisions of the terms and conditions of said agreement, is hereby repe�aled. Section 4. That this Ordinance shall take effect and be in force thirty (30) days after its passage, approval and publication. Approved: > Ch irman Civil Service Cornmission COUIVCILMEN Yeas � Nays Requested by Departrnent of: � Hunt � In Favor �...:w� Roedler _�_ Against BY Sylvester Tedesco President�iI�K HozZs Adopted by Counci • Date .�N 2�4 ��J Form A pr ve by Ci ney Certifie assed b ouncil Secretady BY � Y Appro Mayor: Da Approved ayor fo ' s to o cil By BY P!{BLISNEn .1U� 5 1�� i : ►-�9. no . �58�5 ` � �6�561 � REPORT T4 THE HONORABLE LAWRENC� D, COH�N, MAYOR , -- � � i FROMc Thomas J. Kelley, City AdmiMistrata I I�ATE: �Y �� 1�5 REGARDING: �s ordina�ee sppr0�es t�e Colldetiv+e Bar iaing Agree�ent betNee� the City of it. Faxl a�d bocal 36 �d I,c�cal 967 oP the I�termati�sal �ai.� of �perating Se�gine�kra. , �$ i975 cau.eeti,►� HarS��B �eree�nt � tatilishes � t,otsl contra�ct aad pravides ec�trsct ls�gn�e far aog- eeosa.ic issaes and provi�ia�s axtd incorp0 te� the 1975 ecomo�f.c isanea already sppr�ve� tiT t e City Cotmcil on Febra.ary l2, 1975, and vhich bec� eff ctive � l�srch 17� 19`T5• ,I � I SOUR CE: p�erso�el �fPiee ACTION REQUESTED: I reco�end y+our apprc�ral snd a �3.ssioa of thta �'di.a�ace t� t�a City Co�e�l. � ' ATTACHMENTS: 0rdin�nee, copy of contract asd ce+� of h�i.saace to City �l.er�. I , Do not detach this memorand on Wo b�hp ordinance so that this informa availabl� to the City Council. li , i _ ,.-, ___ _ i ,._ . ._ _ , `�-' �i '� �� , ' • ` ` ��• ► IV' '..�/L.' �� ; LABOR AGREEMENT B E TW E E N - C I T Y O F S A I N T P A U L AND . I N T E R N' A T I 0 N A L U N I 0 N 0 F � O P E R A T I N G E N G I N E E R S " L 0 C A L 3 6 A N D L 0 C A L 9 6 7 � AND INDEPENDENT SCHOOL DIS. TRIC '! 625 � � ` I N D E X ARTICLE TITI� �C;�� PAGE ,° Preamble . 1 : I Recognition . 2 . II � Definitions � , 3 III Dues - Fairshare 4 IY � Union Rights � 5 V Senicsrity 7 VI Management Rights • • 8 VII Hours - Premium Pay 9 VIII Leaves of Absence ]1 IX Military Leave of Absence , I2 . IX Leave Without Pay - Jury Duty - Severance Pay 13 X Mileage lk X Mileage - Independent School District , l� XI Discipline 16 � XII Insurance . 17 XIII Holidays � 18 XIV Vacation • 20 � XV Grievance Procedure � 21 XVI Wage 8chedule � � 25 XVII Terms of Agreement 26 APPendix A Wages . 28 � . ..� . w.: . ' . - . �'��t�.►��. THIS AGREEMENT, BY AND BEZ�IEEN THE CITY OF SAZNT PAUL AND INDEPENDENT SCHOOL DISTRICT 625 EIrR'LOYERS AND LOCAL U1ITION I�. 36 At� No. 967, INTER- FATIONAL.-UI�iON OF OPERATING ENGINEERS, AFL-CIO. This agreement has been entered into between the City of Saint Paul and Independent School District 625 hereafter referred to as the Employer, . and Local Unions No. 36 and 967, International Union of Operating Engineers, AFL-CIO, hereaPter referred to as the Union. This agreement has as its purposes, the promotion of harmonious relations between the ,mtployer and the Union, the establishment of an equitable and peaceflzl procedure for the resolution aP differences and the establishment of rates of pay, benefits, hours of wark, and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in f'ull compliance with the requirements of the Pablic F�aployment I,abor Relations Act of the State of Minnesota of 1971, as amended. _ 1 _ -, • ' ' � ;4��c s�� ARTICLE I - RECOGDiITION " The Employer "recognizes the Union as the sole and exclusive bargaining _ agent for the purposes of establishing wages, benefits, hours and other conditions of employment for all of its employees as outlined in the certifi- cation by the State of Minnesota, Bureau of Mediation Services, dated April � 23, 1973, in Case No. 73-PR-�+49-A, and as set forth below: � All regular, probationary, snd provisional engineering and building maintere nce personnel who are employed by the City of ° St. Paul or who have their "tenns and conditions of employment" established by the governing body of the City of St. P�ul, and who work more than l�+ hours per week and more than I00 work days per year in the foliowing classifications: Assitant 3uperi�ntendent oP Stadium, Chief Operating Engineer-Civic Center, Civic Center Foreman, Civic Center Plant Helper, Custodian, Custodian-Engineer I, Custodian-Engineer II, Custodian-Engineer III, Custodian-Engineer N, Custodian-Engineer V, Custodian Engineer, House Custodian II, Filter _ Plant Operator I, Filter Plant Operator II, Matron, General Matron, I,ime Recovery Operator, Maintenance Man, Operating Engineer I, Operating Engineer II, Pumpin$ E�gineer I, Pumping Engineer II, Ptmnping Engineer III, Sewer F�ping Station Operator, Stadium Supervisor, 5tationary Engineer, Stationary F`�.reman, S�upervising Stationary Engineer, Watchman I, Watchman II, Watchman, Water Plant Aide; excludin� supervi.sory, managerial, clerical, confidential, temporary and emergency employees, those exclusively represented by other labor or employee organizations, and all other employees. 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 Employment - Relations Act to accomplish said �objective. _ 2 _ • ARTICLE II - DEFIIVITIONS. . Sectian 1. Collective Bargaining. The City will bargain collectively with the Union with respect to rates of pay, hours and other conditions pertaining to employment for all of the eiaployees in the unit hereinbefore set forth. Section 2. Maintenance of Standards. The City agrees that all conditions of employment relating to wages, hours of work, overtime differentials, � vacations, and general working- conditians shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules af the City af Saint Paul, (Ordinance No. 3250 and Ordinance No. 6�+46)at the time of the signing of this Agreement, and the conditions oP employment shall be improved wherever specific provisions for improvement are made elsewhere in tY�.is Agreement. ' � Section . Discrimination. The City will not interfere with, restrain or coerce the employees coerce the employees covered by this Agreement because � of inembership in or activity on behalf of the Union. The City will not discriminate in respect to hire, tenure of employment or any term or condition of employment against any employee covered by this Agreement because of inembership in or activity on behalf of the Union, nor will it discourage or attempt to discourage membership in the Union, or attempt to encourage membership in another Union. , � 1 _ g _ � , DUES - FAIRSHARE �"[,��..� 9.s� ARTICLE IiI- Section 1. Dues. The Employer agrees to deduct the Union 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 Union and the aggregate deductions of ali employees shall be remitted together with an itemi.zed statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. , Section 2. Fairshare. Any present or future employee who is not a i , Union member shall be required to �ontribute a fair share fee for services rendered by the Union. Upon notification by the Union, the employer shall check off said fee from the earnings o€ the employee and transmit the same to the Union. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This grovision shall remain operafive only so long as specifically provided by Minnesota law, and as otherwise legal. Section 3. The Union will indemnify, defend and hold the Gity and Independent School. District No.625 harmless against any claims ntade and against any suits instituted against the City, its officers or employees, by reason of negligence of the Union in requesting or receiving deductions under this Article. The City will indemnify, defend and hold the Union harmless against any claims made and against any suits instituted against the Union, its officers or employees by reason of negligence on the part of the City in � making or forwarding deductions under this Article. ; � - 4 - . . ' � ARTICLE IV - UNTION RIGHTS ' �� Section 1. The Union may designate employees within the bargaining unit to serve as U�ion Ste�rards as shall be required to administer this � Agreement. , Sectlon 2. The Union shall fhrnisb the City and appropriate Department Heads and Labor Relations Director with a list of Stewards and alternates, and shall, as soon as possible, notif�r said appropriate City oPficials in writing of any changes thereta. Only those who are Officers and Stewards shall be recognized by the City for the purpose of ineetings. �. Section 3. There shall be na deduction from the pay of a Steward when directly involved in meetings with management reiati.ng to the administration of this Agreement during working hours. Section 4. Desi�ated Union Representatives shall be permitted to visit employees on �ob sites and at department buildings during working hours for the purpose of the administration of this contract. ; Section 5. Shop Steward. One shop steward from each department will be allowed to accompany an emp2oyee's authorized representative during regular working hours-for the purpose of wage, salary, or fringe benefit discussions or other problesns of their particular concern i.nvolving employeQS of the City of St. Paul under the following conditions: 1. That only one employee from any one department be allowed to leave his work. 2. That the steward be expected to attend these meetings on his own time when they are held outside of his regular working hours. 3. That adequate notice is given to the department heads so that permission may be obtained. � _ 5 _ � � � continued - ,��t�� ARTICLE IV ( ) 4. That the steward has officially been designated as such by the union that he represer�ts. 5• Union Conventions. Duly elected Union de-legates shall be : granted time off without pay for one week to attend such convention. �acation or compensatory time may be used for this purpose. The Union shall give at least ten working days advance notice of the �mplayees who wi1Z be participating in such conventions. ti - 6 - . _ � ARTICS,E V - SEI�IORITY A. Seniority, for the purpose oP this Agreement, shall be defined as follows: The Iength of continuous, regular and probationary service with the employer from the . date an employee was first certified and appointed to a class title covered by this Agreement, it �being f�x�ther understood that seniority is confined to the cwrx�en� class assignment held by an employee. In cases where two or more employees are apgointed to the same class title on the same date, the seniority shall be determined by the employee`s rank on the �ligible list from which certification was made. . Seniority shal.l 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 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 Custodian Engineer I, II, III, etc., when the number of employees in the higher titles is to be reduced, employees xho have held lower titles in the bargaining unit will be offered reductions to the highest title to which class seniority would keep them from being laid off, before layaffs are made by any class title in any department. Recall from layoff shall be in inverse order of layoff, except that recall rights shall e�cpire after one year oP layoff. It is understood that such employees will pick up their former seniority date in any class of positions that they previously held. _ 7 _ , . . � � � ��5�61 ARTICLE VI - MANAGEMENT RIGHTS The Union recognizes the right of the City to operate and manage its affairs in a].1 respects in accordance with applicable laws and regulations of appropriate authorities. Atl rights and authority which the City has not officially abridged, delegated or modified by this Agreement are retained by the City. � _ g _ : ARTICLE VII-HOURS, PREMIUM PAY � Section 1. Hours of Employment-- The normal work daq and the normal work week shall be 8 hours in any 24-hour period and 40 hours in any 7-aay period. (For employees on a shift basis, this shall be contrued to mean an . average of forty hours a week.) The normal work week sha11 consist of 5 consecutive normal work daqs. ' Section 2. Call-in-Pay-- When an employee is called to work he shall reeeive two hours' pay if not put ta work. If he is called to work and com- mences work, he shall be guaranteed four straight t3me hours' pay. These provisions, however, shall not be effective when work is unable to proceed • because of adverse weather conditions; nor shall these provisions apply to , temporary or emergency employees nor to employees employed. under any of the titles listed in Section 7 of these Rules under the heading "Special Employ- ments"; nor to any person whose regular scheduled workday is less than four hours. � Section 3. Overtime-- Time on the payroll in excess of the norma.l hours set forth above shall be "overtime work" and shall be done only by order of the head of the department. An employee shall be recompensed for work done in excess of the normal hours being paid on a time and one-half basis for such overtime work. � Section 4. Premium Pay-- To any employee who works on a regularly assigned shift, beginning earlier than 6 a.m. or ending later than 6 p.m. , provided than at least five hours of the shift are worked between the hours of 6 p.m. and 6 a.m. , there shall be paid a night 'differential for the entire shift. To any employee who works on a regularly assigned shift, beginning earlier than 6 a.m. or ending later then 6 p.m. , but less than five hours of the shift are worked between the hours of 6 p.m. and 6 a.m. , there shall be paid a night differential for the hours worked between the hours of 6 p.m. and 6 a.m. � _ ��:�. ARTICLE �I_ (continued) -= Section 5. The night differential shall be S°� of the base rate, and shall be paid only for those night shifts actually worked; provided, however, that the provis�ons of this subsection shall not apply to emergency or temporary employees in the Auditoriwn, or to employees holding titles listed in Section II of Ordinance #6446 under the heading "Special Elnployments" in this bargaining unit. � � , - 10 _ - . _ - ��-; z:�.., ARTICLE VIII-LEAVES OF ABSENCE .� � Section 1. Leave of Absence. APter three month's employment, an ' employee may make application for a leave of absence not to exceed one year. A leave of absence shall be granted on the basis established in the Civil Service Rules. Section 2. Sick Leave. Sick lesve shall accumulate at the rate of " .05?6 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumulation is unlimited. To be eligible for sick leave the er.rployee mu�t report to his supervisor no later than one-half hour past his regular scheduled starting time. The granting af sick leave srall be subject _ to the terms and provisions of Ordinar_ce No. 3250 of the City of Saint Paul. Section . Any employee who has accumulated sick leave credits as pro- vided above shall be granted leave with pay, for such period of time as the head of the department deems necessary, on account of sickness or injury of the employee, quarantine established and� d.eclared by the Bureau of HeaZth, death of the employee's mother, father, spouse, child, brother, sister, mother- _ in-law, father-in-law, or other person who is a member of the household; and may be granted leave with Fay for such time as is actually necessary for office visits to e doctor, dentist, opt�etrist, etc., or in the case of sudden sickness or disability of a member of his household, making arrangements � for the care oP such sick or disabled persons up to a maximum of four hours sick leave. _ 13, _ . . ��t��, ARTICLE DC - MII,ITARY LEAVE OF ABSENCE • Section 1. Pay Allowance-- Any employee who shall be a member of the National Guard, the Naval Militia or any other component of the militia of the state, now or hereaf`ter organized or constituted under state or federal law, or who shall be a member of the OPficer's Reserve Corps, the Enlisted Reserve Corps, the Nava1 Reserve, the Marine Corps Reserve or any other reserve component of the military or naval farce of the United States, now or L hereafter organized or constituted under Federal law, shall be entit2ed to leave of absence from employment without loss of pay, seniority status, ePficiency rating, vacation, sick leave or other benefits for alI the time when such mrployee is en�aged with sueh organization or component in training or _ - active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, provided that such leave shall not exceed a total of fifteen (15) days in any calendar yeer and, .ftiirther provided that such leave shall be allowed only in case the required military or naval � service i.s satisfactorily performed, which shall be presumed unless the contrary is established. Such leave shall not be allowed unless the F.�nployeee (1) returns to his position immediately upon being relieved from such military or naval service and not later than the expiration of time herein limited for such leave, or (2) is prevented fram so returning by physical or mental disability or other cause not due to such Employee's own fault, or (3) is required by proper authority to continue in such military or naval service beyond the time herein limited for such leave. ti - 12 - � . continued . �� ARTICLE DC ( ) Section 2. Leave Without Pay-- Any bnployee who engsges in active service in time of war or other emergency declared by proper authority of any of the military or naval forces of the state or of the United States Por which leave is nat otherwise allowed by law shall be entitled to leave of absence from employment without pay during such service with right of reinstatement and subject to such cond3tions as are imposed by law. Such leaves of absence as are granted under Article 13 shall conform to Minnesota Statutes, Section 192, as amended from time to time and shall confer no addi,tional beneYits other than those granted by said statute. Section 3. Jury Duty-- Any ENi�.'LOYEE who is required to appear in - court as a �uror or witness shall be paid his regular pay while he is so . engaged, provi.ded however, that any fees .that the employee may receive from the court for such service sha]_1 be paid to the City and be deposited with the Uirector of Finance and Ma:nagement Services. Any EMPLOYEE who is scheduled to work a shift, other than the normal daytime shift, shall be rescheduled to work the norma]. daytime shift during such time as he is required to appear in court as a �uror or witness. � Section 4. Severance Pay. Eanployees shall be eligible for severance pay in accordance with the Severauce Pay Ordinance No. 11�+90. The amount of Severance Pay allowed shall be that amount permitted by State Statutes sub�ect to the provisions that the maximum amount allowed shall be $�+,000. � , - 13 �- �� ARTICLE X - MILEAGE Section 1. Automobile Reimbursement Authorized - Pursuant to Chapter 92A oF _� the St. Paul Legislative Code, as emended, pertaining to reimbursement of City � ofPicers end employees for the use of their ofra automobiles in the performance of their duties, the following provisions are adopted. 3ection 2. Method of Computt�tion - To be eligible for such reimbursement, - _._______ all officers and employees must receive written authorization from the M�tyor. - Reimbursement shell be made in accordance with one of the fallowing plans: Type 1. For those oPficers and employees who ere required to use their own automobiles occasionally for official City business, reimbursement at the rate of 13 cents for each mile driven. Ty�e 2. For those officers and employees who are required to �zse their own automobiles on a regular 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. Section . Rules and Regulations - The Mayor shall adopt rules and regulations governing the procedures Por automobile rei.mbursement, which regulations and rules shall contain the requirement that recipients shall file . daily reports indiceting place of origin and destination and applicable mi].eage ratings thereat and indicating total miles driven, and shall file monthly affidavits stating the number of days worked and the number of miles driven, and ftirther required that they maintain automobile liability insurance in amounts not less than $100,000/300,000 for personal in�ury, and $50,000 for property damage. These ru].es and regulations, together with any amendments thereto, shall be maintained on file with the City Clerk. $ection 4. The provi.sions of this.Article shall not apply to employees of Independent School District No. 625. 1 _ ]�+ .. � ARTICLE X - (continued) C" . ��t.s�� MIL�AGE REIMBURSEMENT Independent School District �625 , Elmployees oP the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be eligible for such reimburse�ent, employees must receive authorization from the District Nlileage Co�mnittee utilizing one of the following plans: pLAN "A" is reimbursed at the rate of l5¢ per mile. In addition, a maximum amount which can be paid per month is established by an estimated flirnished by the employee and the employee's supervisor. Another cansideration for establishing the maximam amount can be the experience of another employee xorking in the same or similar position. ' - . Under this plan, it is necessary for the employee to keep a .record of each � trip made. , - , � pL�►N "C" provides for reimbursement based on per month "lump sum" amount. This amount is determined by the employee's driving experience under Pian "A" for a period of 3 to 6 months. Those employees receiving an suto allowance under this plan must report monthly the nwnber of days the car was available during the month. A deduction must be made from the lump sum amount for each day the employee is on vacation. A deduction need not be made for an occasional day of illness or for holidays. - � _ 15 _ . ARTICLEXI - DISCIPLINE . !��t�� Section l. The F�uployer will discipline employees for just cause only. Discipline will be in the form of: a) Oral reprimand; b) Writte.n reprimand; c Suspension; d; Reduction; - e) Diseharge. Section 2. Suspensions, reductions and discharges will be in written form. Section 3. Employees and the Union wi31 receive copies oP written reprimands and notices of suspension and discharge. 5ection 4. Employees may examine all information in their E�nployer personnel files that concerns work evaluations, commendations and�or disciplinary actions. . Files may be examined at reasonable times under the direct supervision of the FS�nployer. - Section 5. Discharges wi11 be preceded bf a five (5) day preliminary suspension withaut pay. During said period, the employee and�or Union may request, and shall be entitled to a meetin� �,�ith the bnployer representative who initiated the suspension wittr intent to discharge. During said five (�} day period, the ESnployer may affirm the suspension and tlischarge in accordance with Civil Service Rules or may modiYy, or withdraw same. 5ection 6. An Flnployee to be questioned concerning an investigation of disciplinary action shall have the right to request that a Union representative be present. Section 7. Grievances relating to this Artic].e shall be processed in accordance with existing Civil Service procedures, except that oral and written reprimands shall be taken up in the grievance procedure under Article XTV. � - 16 - �� ARTICLE XI�I- INSURANCE Section 1. The k�ployer will continue for the period of this A.greement to provide for Employees such :�ealth and life insurance benefits as are provided by ESnployer at the time of execution of this Agreement. Section 2. The E�nployer will for the period of this Agreement provide for F�nployees who retire after the time of execution of this Agreement and until such �nployees reach sixt�-five (65� years of age such heglth insurance benefits and life insurance benefits as are provided by the E�nglayer for sucm F�mployees. � _ 17 _ ARTICLE XIII- HOLIDAYS �`�.,��'� Section l. Holidays recognized and observed. The following days shall be recognized and observed as paid holideys: New Years Day Columbus Day presiden�s' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day I,abor Day Twa floating holidays Eligible employees sha].1 receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above sha11 Fall on Saturday, the preceding Friday shall be observed as the holiday. Wh�never any o#' the holidays listed above shall fall on Sunday, the succeeding Monday shall be �observed as the holiday. � Section 2. The floating holidays se� forth in Section 1 above may be taken at any time during the contract year, subject to the approval of the Department Head of any employee. Section 3: Eligibility Requirements. In order to be eligible for a holiday with pay, en employee's name must appear on the payroll on any six working days of the nine workin da s recedin the halida or an em lo ee's name must a ear on B Y P 8 Y� P Y PP the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is f1,u�ther under- .stood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. . 1 4. � � l8 � . ARTICLE'XIII - (continued) 3ection �. If an employee entitled to a holiday is required to work on Washington's and Lincoln's Birthday, Christopher Columbus day, ar Yeterans Day, he shall be granted another day oPf with pay in lieu thereof as soon thereafter as the convenience of the department permits, or he shall be paid on a straight time basis for such hours worked, in addition to his regular holiday pay. If an employee entitled to a holiday is required to work on IQew Year`s Day, Memorial Day, Independence Day, I,abor Day, Thanksgiving Day ar Christmas Day, he shall be recompensed for work dane on this day by being granted compensatory time on a time and one-half basis or by being gaid on a time and one-half basis for such hours worked, in� addition to his regular holiday pay. - . , � _ �9 - . ��s� ARTICT,E XIV - VACATION Section 1.. In each calendar year, each f1�].l-time employee shall be granted vacation according to the following schedule: Years of Service Yaeation Granted 0 - 5 Years 10 days 6 years thru 15 years 15 days 16 years thru 25 years 21 days � 25 years or more 22 days Employees who work less than Full-time shall be granted vacation on a pro rata basis. Section 2. The head of the Department a�ay permit an employee to carry over into the following year up to ten days' .vacatian. , Section 3. The above provisions of vacation shall be sub3ect� to Ordinance No. 6446, Section I, Sub. F. Section 4. If an emplayee has an accumulation of sick leave credits in excess of one hundred and eighty days, he may convert any part of such excess of vacation at the rate of one-half day's vacation for each day of sick leave credit. The maximum number of days' vacation allawed by the conversion oP sick leave credits shall be no more than five days in any one year so that the maximum vacation time which may be taken in any one year shall be twenty-seven days including the regular vacation period. � _ �n _ ". ARTICLE XV - GRIEVANCE PROCEDURES ��1 A. A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. B. The Employer will recognize representatives designated by the Union as �he �rievance representatiues of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notif�r the mrployer in writing of the names of such Union Representatives and of their successors when designated. The F�nployer shall notify the Union in writing as to its designated representatives. C. It is recognized and accepted by the Union and the E�nployer that the processing of grievances as hereinaPter provided is limited by the job duties and responsibilities of the E�nployees and shall therefore be accomplished during normal working hours when consistent with such �nplvyee duti�s and responsibilities. The aggrieved Elnployee and a Union Representative shall be allowed a reasanable amount . - of time withont loss of pay when a grievance is investigated anc� presented to the - _ Hnployer during normal working hours provided that the Employee and the Union Representative have notified and received the approval of designated supervisor and provided that such absence is reasonable and would not be detrimental to the work programs of the Etinployer. It is understood that the F�nployer shall not use. the above limitation to hamper the processing of grievances. D. Grievances, as defined by Paragraph A, shall be resolved in conformance with the following procedure: 1. An �nployee claiming a vialation concerning the interpretation or � application of this Agreement shall, within tWenty-one (21) calendar � days after such alleged violation has occurred, present such grievance to the F}nployee's supervisor as designated by the bnplayer. The Employer- designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing ti - 21 - - . �ARTICLE XV - (continued) . setting forth the nature of the grievance, the facts on which it is��ed�`"� the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 by the Union within Pifteen (15) calendar days after the Dnployer-desig�ated representative's final ansWer in Step l. Any grievance not appealed in writing to Step 2 by the Union within fifteen {15) calendar days shall be considered waived. 2. If appealed, the written grievance shall be presented by the Union and discussed with the Eanployer-designated Step 2 representative. The Elnployer-designated representative shall give the Union E�nployer's Step 2 - answer in writing w�thin ten (ZO} calendar days followin� the bnployer- desi�nated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be' considered waived. � 3, If appealed, the written grievance shall be presented by the Union and discussed with the gnployer-designaged Step 2 representative. The • Employer-designated representative shall give the Union.bnployer's snswer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative's ffnal answer in Step 3. Any grievance not appealed in �ariting to Step �+ by the Union with�n ten (10) calendar days sha].], be considered waived. �+. A grievance unresolved in Step 3 and appealed to Step 4 by the Union , shall be submitted to arbitration sub�ect to the provisions of the Public � E�nployment Labor Relatfons Act of 1g71, as amended. If a mutually acceptable arbitrator cannot be agreed upon, the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. - 22 -' ARTICLE JCV - (continued j � � 5• The arbitrator �hall have no right to ame�d, modify, nullif`y, ignore the terms and conditions oY this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so subm3tted. - The arbitrator shall be without pcwer to make decisions contrary to, or inconsistent with, or modiP�,ring or varying in any way the application or laws, rules, or reguletions having the force and efPect of law. The arbitrator's decision shall be submitted in writing, copies to both parties and the Buresu of Mediation Serv3ce within thrity (30) days followfng 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 E�nployer and the Union and shall be � based solely on the arbitrator`s interpretation or application of the express terms oF thfs Agreement 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 �mployer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, . it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. IP a grievance is not presented within the time limits set forth above, it ahall be considered "Waived". IF a grievance 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 Employer's last answer. If the Employer does not answer a grievanee or an appeal thereof within the � , - 23 - "� ARTICLE XV - (continued) :��5c.�6� specified time limits, the Union may elect to treat the grievance to the next step. The time limit in each step may be extended by mutual written ag�ceement of the F�nployer and the Union in each step. , It is understood by the Union and the Emplayer that, if an issue is determined .by this grievanee that issue shall not again be submitted for arbitration under the provision of the Rules and ReguZations of Civil Service. It is flxrther understood that iF an issue is �submitted and determined by the grievance procedure under the Civil Service .Rtzles and Regul.ations, it shall not again be submitted for arbit�ration under the procedures set forth in this Article. , , . � - 2� - .;: • ' . - ��t�� - ARTICLE XVI- WAGE SCHEDULE The wage schedule for purposes of this contract shall be Appendix A attached hereto. . 1 . . . . � . . . _ 25 _ . �. . � , � � . . ��_� � ARTICLE XVII- TERMS OF AGREEMENT Sectian 1. Complete Agreement and Waiver of Bargaining. This Agreement shall represent the complete Agreement between the Elnion and the City of Sairit Paul.... � The parties acl�owledge that durin� the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make requests and proposals with respect to any sub3ect or matter not removed by law from the area of collective bargaining, and that the camplete understandings. and agreements arrived at by the parties after the exexcise of that right and opportunity are set forth in this Agreement. Therefore, the City and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and esch a�rees � � that the other shall not be obligated to bargain callectively with respect to any sub�ect or matter referred to or covered in this Agreement. Section 2. Savings Clause. This A�reement is sub�ect to the �1aws of the United States, the State of Minnesota, and the City of St. Faul. In the event any provision of this A�reement shall hold to be contrary to law by a court of competent 3urisdication Prom whose final judgment or decree no appeal has been taken within the time provided, such provision s1�all be voided,' A11 other provisions shall continue in ftii].i force and eccect. � Section 3. Term of Agreement. This Agreement shall be in fl.ill force and effect . from January �+, 1975 to January 2, 1976, and shall be sutomatically renewed from year to year thereaf`ter unless either party shall notify the other in writing by June l, 1975, that it desires to modif�r or terminate this Agreement. In witness thereof, the parties have caused this Agreement to be executed this day of . ti • , ._ 26 - . . � . ��!6�� ARTICLE XVII - (continued) This constitutes a tentative AG�10T betKeen the perties �rhich iaill be recomQaended by the City Aegotiator, but is sub�ect to the approval of the Administration of the City, the City Council, and the Independent 3chool District Ao. 625 and is also sub�ect to retification bg the Union. i�TIT'11�SSES: CITY OF SAINT PAUL: IpTtiRIQATIONAL Ui�TION OF OP'ERATTON ENGINEERS, LOCAL N0. 36 ADID LQCAL 1�. 967 � By: Hy ` . i�Jayor in ss Manager Lacal � . -, _ B ✓ By: �� ` -�' ��,� � � ity Ne tia Business Manager Local 7 j � ^ � • � j� � $�I: By _ Civil Service Commission pr sident . . � �, �' �• �. (�- :��-� Independent School Recording Secretary District No. 625 , � % �Y� �Y= City Attorney By: By: �-�. �--'' - zt - . , ."t. , ' AppENDIX A - WAGES . �2�� The wsge rates and salary ranges for classifications in this unit are effective January 4, 1}75: First Af'ter 6 Mo. 6 Mo. Chief Opersting Engineer-Civic Center 7.70 $.00 Civic Center Foreman 6.11 6.40 Custodian-Engineer I 6.11 6.40 Custodian-Engineer I-Library • 6.11 6.�0 Custodian-Engineer I-Public Safety 6.11 6.40 Custodian-Eagineer II 6.22 6.60 Custodian-E�ngir�eer II (Library} 6.22 6.60 Custodian-Engineer III 6.40 6.78 Ctiistodian-Engineer IV 6.63 7.01 Custodian-Engineer V 6.88 - 7.25 � Custodian-Engineer (Public Safety Bldg) 7.46 7.76 �Filter Plant Operator I 6.22.� 6.51 Filter Plant Operator I . 6.63 6.93 • Fil�er Plant Operator II 7.�5 7•35 . House Custodian II 4,25 Instrumen.t Repairman (Filter Plant} 7.05 7•35 ; � Lime Recovery Operator 6.63 6•93 Maintenance Man 6.�i3 � 6.93 Operating Engineer I-Civic Center 6.63 6•93 � t)perating F�gineer II-Civi.c Center -7.05 7•35 , Pumping Engineer I - 6.63 . ' 6.y3 Pumping Engineer II 7•05 7•35 Pumping Engineer III 7.70 8.00 Sewer Pamping Station Operator 7.37 7.67 StatiQnary �ngineer 6.63 6.93 *Stationary Fireman 6:k6 6.75 Supervisory Stationary Eagineer 6.99 7.28 Water Plant Aiaeq 6.11 6.40 Start After 6 Mo. After 1 . After 2 yrs. Custodian 5.� 5•63 5.7� 5.93 General Matron � 238.50 2a8.5o 259.00 270.50 282.00 294.50 301.50 309.50 l�a tron 2?3.00 285.00 297.00 309.50 323•50 337.50 346.50 356.00 watchman I 276.50 289.50 301.50 314.50 328.50 344.00 352.00 362.00 Watchman-Water Depart�ment Watchr�an II 3�7•50 320.50 33�+.00 348.50 36�+.00 380.50 391.50 401.50 Civic Center Plant Eelper �+40.00 452.00 � _ 'R _ _ _ . _, _ ... � _. _,._T_ • f _ . , � , . .. � . ;r,. . . . . . . � •�I ' ...... � � � .. � � � � � . . � ��L��. . . . �.. APPENDIX A - (continued) Assistant Superintendent of Stadium 399,00 �17.00 �35.00 456.00 �+76.50 �+98.50 532.50 528.50 � Stadium Supervisor - 534.00 5�+9.50 personnel hired for employment with the City after the date of the signing of this agreement, to a class of posit3ons listed i.n 1 above, shall be co3npensated at the "Q - 6 month" hour].y wag� rate during their probationary period. After the completion of the probationary period the employee shall be paid at. the "after 6 month" hourly wa8e rate. �nployees promoted from any of the positions listed � : in 1 above to any position listed in 1 above shall receive th� "after 6 month" . , hvurly wage rat�. � ' � Temporary and emergency employees shall be paid the minimum rete indicated in this Appendi.x for the classification in which they are employed. � . _ �9 _ � lst . 2nd �p� �� 3rd ' �� Adopted � �� Yeas Nays CHRISTENSEN HOZZA LEVINE !�� , ROEDLER SYLVESTER TEDESCO ' PRESZDENT (HUNT)