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263778 WHI7E - CITY CLERK PINK - FINANCE 2s3`�`78 CANA�.�S'- DEPARTMENT GITY OF SAINT PAITL CO1111C11 BLUE� - MAYOkt File NO. r f � t` r � _ rdin�cnce Ordinance N�. �✓bb Z _ Presented By _ Referred To Committee: Date Out of Committee By Date An Administrative Ordinance approving the terms and conditions of a collective bargain- ing agreement between the City of Saint Paul and the City of Saint Paul Professional Employees Association representing the professional employees of the City of St. 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 1973, recognizes the City of Saint Paul Professional Employees Association as exclusive repre- sentative for those classes of positions within the City of Saint Paul certified by the Bureau of Mediation Services under Case No. 74-PR-209-A for the purpose of ineeting and negotiating the terms and conditions of employment 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 met in good faith and have negotiated the economic terms and conditions of employment for the calendar year of 1974 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 ORDAIN: Section 1. That the Collective Bargaining Agreement dated as of the effective date of this Ordinance between the City of Sai.nt Paul and the City of Saint Paul Professional Employees Association on file in the office of the City Clerk is hereby approved and the authorized administrative � � COU(VCILMEI�T Requested by Department of: Yeas �� Chris��nsen �e Hozza [n Favor Levine 11d�m�da Roedler Against BY S�s� Sylvester Tedesco Mme.President �x Hunt Form A ro d by ity Attorney Adopted by Council: Date Certified`Passed by Council Secretary BY By Approved by Mayor: Date Approved b ubmi to gy By WHI7E - CITY CLERK � � PINK - FINANCE GITY OF SAINT PAUL Council CANAA'r�- DEQA TMENT - BLUE - MAYO� File NO. • � + � � v y. , O I in�nce Ordinance N 0. �5�62 Presented By Referred To Committee: Date Out of Committee By Date Page 2. officials of the City are hereby authorized and directed to execute said agreement on behalf of the City. 5ection 2. That all of the terms and conditions set forth in said Collective Bargaining Agreement shall take force and effect retroactively to the first pay period for the City employees for the year of 1974 in accordance with the expressed intent and agreement of the Council contained in Council File No. 262768 and 262851. 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: h irman Civil Service Commission COUNCILMEN Requested by Department of: Yeas Nays �� Christensen �� Hozza In Favor Levine � Roedler � Against BY ��1� Sylvester Tedesco Mme.President &�kex Hu nt --"'Adopted by Council: Date �� 1 a 1974 Form Ap�ov by City � tor ey Certified P by Council Secretary BY By � � Approve by Mayor: Date 1 8 �� Approved ayo�foi bmis ' n uncil By By �B�sH� JUL 2 0197� . . . ' � - � � 263'�'�� COLLECTZVE BARGAINING AGREEMEN'P BETWEEN THE CITY OF SAINT PAUL . AND THE CITY OF SAINT PAUL PROFESSIONAL EMPLOYEES ASSOCiATION This Agreement, entered into on � ~ � o "' !__L_.� between the City of St. Paul, hereinafter referred to as either the "Emplayer" or the "City", and the City of St. Paul Professional Employees Association, hereinafter referred to as the "Association", for the purpose of fostering and promoting 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. This Agreement attempts to accomplish this purpose by providing a fuller and -more complete understanding on the part of both the City and the Association of their respective rights and responsibilities; ARTICLE I The City recognizes the Association as the exclusive representative for the Classified Employees of the Professional Group, as certified by the State of Minnesot3 Bureau of Mediation Services, dated December 11, 1973, Case No. 74-PR-209-A. � . ' • . , � ,� t ARTICLE 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 rules at the time of the execution of this agreement. , � . , � t � . , . ,ARTICLE III The provisions of this agreement shall not abrogate the rights and/or duties of the E�nployer, the Association, or the employees, as established under the provisions of the Public Employee Labor Relations Act of 1971, as amended. •, . -, � . � , ,� � _ . ARTICLE IV , • A. The Employer agrees to c3educt the Association membership initiation fee assessments and once each month dues from the pay of those e�nployees 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 Employer 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 Article. � • , t 2b�'�`�� ARTICLE V . Any present or future employ�e who is not an Association member � shall 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 employee and transmit the same to the Association. In no instance shall the required contri- bution e�cceed a pro rata share of the specific expenses incurred for sernices rendered by the representati.ve 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 obligated to make the City whole to the extent that the City shall be required to reimbruse such etaployee for any amount improperly withheld. This provision shall remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. � . , t ARTICLE VI A. The regular hours of work each day shall be consecutive except that they may be interrupted by a lunch period not to exceed one hour. This provision shall not be operative under any of the following circumstances: 1. When past practice is othezwise; ' 2. Where the nature of the work requires a split shift; 3. Where the Employer and employee mutually agree to a split shift Upon request of thP Association the parties shall review any changes in existing scheduling. B. The work week shall consist of five consecutive eight hour -days, except when past practice is otherwise. Upon request of the As- sociation the parties shall review any changes in existing scheduling. a _ , , _ �bt� ` ��t� ARTICLE VII • A. Lay-off and recall from lay-off shall be handled in accordance with Civil Service Rules and practices in existence as of the time of the execution of this agreement. B. To the extent possible, vacation periods shall be assigned on the basis of seniority. It is, however, understood that vacation as- signment shall be subject to the ability of the employer to maintain operations. C. Promotions and assignments shall be handled in accordance with „ Civil Service Rules and current practices. , � l ARTICLE VIII . . Discharges will be preceded by a five (5) day prelimi.nary suspension without pay. During said period the employee and/or the Association may request, and shall be entitled to a meeting with the Employer represen- tative who initiated the suspension with intent to discharge. During said five (5) day period, the Employer may affirm the suspension and discharge in accordance with Civil Service Rules or may modify, or withdraw same. ,� . •, S . � . � i ARTICLE IX The City and the Association will strive for a speedy completion to the salary study referred to in Item 4 of last year's Letter of Agreement. „ ,,:a � � ` � e�t�� ARTICLE X , 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 recoqnize Represer�tatives designated by the Association as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The As- sociation shall notify the Employer in writing of the names of such Association Representatives and of their successors when designated. The E�aployer shall notify the 'Association in writing as to its designated representatives. C. It is recognizeci 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 Employees and shall there- fore be accomplished during normal working hours when consistent with such Emgloyee duties and responsibilities. The aggrieved IInployee and an As- _�ciation Representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the - F�uployer during normal working hours provided that the Employee and the � - :�sociation Representative have notified and received the approval of �designated supervisor and provided that such absence is reasonable and would -�ot be detri.mental �o the work programs of the Employer. It is understood that the IInployer shall not use the above limitation to hamper the pro- cessing of grievances. D. Grievances, as defined by Paragraph A, shall be resolved in eonPormance with the following procedure: � ,. -_ _ __-- - ._ __ . . � Article X Continued 1. An Employee claiming a violation concerning the inter- pretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (i0) calendar days after receipt. A grievance not resolved in Step 1 and ap- ,� pealed 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 Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Association within fifteen (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. The Employer-designated representative • � shall give the Association Employer's Step 2 answer in writing within ten (10) calendar days following the IInployer-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. y . ' � Article X Continued 3. If appealed, the written grievance shall be presented by the Association and discussed with the IInployer-designated Step 3 representative. The Employer-designated representative shall give the Association IInployer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be apgealed to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Association within ten (10) calendar days shall be considered waived. 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Association shall be submitted to arbitration subject to fihe provisions of the Public Employment Labor Relations Act of 1971 as amended. If a mutually acceptable arbitrator ��annot be aqreed upon, the sel�ction of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. 5. The arbitrator shall have no right to amend, modify, nullify, ignore the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(sY submi.tted in writing by the �.tnployer and the Association, and shall have no - authority to make a decision on any other issue not so sub- mitted. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rttles, or regulations having � Article X Continued the force and effect 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 following close of the hearing or the submission of briefs by the parties, which- ever be later, unless the parties agree to an extension. The -decision shall be binding on both the Employer and the As- sociation and shall be based solely on �t1ie arbitrator's inter- pretation 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 services and •� proceedings shall be borne equally by the Employer and the As- <sociation provided that each party shall be responsible for compen- sating 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. . If a grievance is not presented within the time limits set forth above, it shall 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 Erreployer does not answer a grievance or an appeal thereof within the specified time li.mits, the Association may elect to treat the grievance to the next step. The time limit in each step may be ex�ended by mutual written agreement of the Employer and the Association in � each step. • . � � ARTICLE XI The parties hereto have agreed that the following wage and fringe improvements shall constitute the economic settlement between the parties - for the year 1974: A. A wage increase of 7.5$ (Seven and one-half percent) applied to a12 positions and rates effective January 5, 197�. B. An improvement in the vacation schedule in the following categories: � l. For those employees with at least fifteen (15) years, �• but less than twenty-five (25) years' service, add one _ day paid vacation to present schedule. , 2. For those employees with twenty-five (25) years or more of service, add two days' paid vacation to present schedule. -C. Modify the sick leave conversion to vacation palicy, to allaw eligibility for conversion when 180 days have been ac- cumulated. (Replaces present 200-day requirement.) �. "Add $1,000.00 to severence pay allowance, effective Jairuary ' 5, 1974. (Severance allowance will now become $4,000.00) It is nnderstood that this improvement will be implemented to the extent permitted by law. E. Provide paid health insurance (same as for active employees except for life insurance) for those.who retire prior to -age 65, to be continued to age 65. This provision shall be applicable to.any employee who retired on or after July 1, I973, except that prior to January l, 1974, the City will not be responsible for premiums. � • ♦ Article XI Continued F. Add one paid floating holiday. •. , � . � ' � � , . � 2��7"7� ARTICLE XII 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 to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time pravided, such provisions shall be voided. All other pro-- visions shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. A21 other pranisions of this Agreement shall continue in full force and effect. ,� •, . ! ♦ � .. , ARTICLE XIII The provisions of this Agreement shall remain in effect through December 31, 1974. This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subject to the ap- proval of the Administration of the City of the City Council, and is also subject to ratification by the Association. The City of Saint Paul Professional City of S ' t Paul IIaployees Association , �' �c �•G� i; � . ...Er`�d c�--1�- � t � � 6 2S 7 � � � 2s�� CITY OF SAINT PAUL �j � OFFICE OF THE CITY ADMINISTRATOR v �1 ��.„,:., ��' FRANK D. MARZITELLI June 25, 1974 To: Hon. Lawrence D. Cohen, Mayor 347 City Hall From: Frank D, Marzitelli :-`" City A.dministrator �" �' 365 City Hall , Subject: An ordinance approving the terms and conditions of a collective bargaining agreement between the City of Saint Paul and the City of Saint Paul Professional Employees Association representing the professional employees of the City of 5aint Paul. We respectfully request that the attached ordinance be submitted to the City Council. ,��` � �` `;�— . �� ; �: , �: , � , � _ _� ,��. �. � a,.� ��,�v:� � a i � .� . ... ;,�1�, �' ��`� . Y , i ° i� ^ `�'J . � , f`\_`yMj�; � ._..1. 1 City Hall, Saint Paul, Minnesota 55�02 ��d.�� 3une 25, ��Tf� � � 74: �on. 1.ewr�nce �. Cah�r�, M�Y�'--�--.`.�_' ` 347 City Hal�. `\, :r rom: Fraqk �. M �,r�r,�tQlli °�``� �� City A�-In�ini atrator \` �`"� �6� cicy x� �i ,.,��,� �� ubject: .An ordinanc � app�o� the � �r and �onditior�e of a cc�llectiv. � bargain�ees��ant b�=tr��ert Ehe CiEy of Saint `� ��d th it�r of Saiat �e ul Prc�f��io -�m aT t►�es �imtion repr��ating t the profe cnal e�..�p '��e� th�r C:ity of Saiat Fa�ul. � i �� ,� �j" V��; ree�pwc�tfia}�y x��.� c.��$ �cc��,�a a�ain�� ,,'�—� _ � be� �ub � t+��l tu the ��ity C:ouncil. � � � �� _ � �� .� �-� �r ti ��7� , . � � �-� STATEMENT ON BEHALF OF ST. PAUL PROFESSIOl�?A.L ENIPLOYEES ASSOCIATION (PEA) FOR APPEARANCE TO THE ST� PAUL CITY COUNCIL JUNE 28, 1974 RE: ALLEGED UNFAIR LABOR PRACTICI� BY THE CITY ADMINISTRATION AGAINST THE PF.A WHITE COLLAR SUPERVISOR UNIT ARTHUR WERTHAUSER: Introduction of: Chairman, Negotiations Committee - Arthur Werthauser Negotiator - Roy E. Bredahl,Jr. Attorney Representative - llan Jacobowski VUe wish to thank the City Council for granting us this opportunity to malce this presentation concerning the subject matter above. In support of this issue we wish to present -- I would like to acknowl- edge �11 thase members of PEA White Collar Supervisors that took two hours vacation time to attend this Council session. In addition, I wish to acknowledge representatives of other affected bargaining units, such as PEA - Unit 1, City Blue Collar Supervisors, Police and Fire Units, Council 91, NEA, Elementary School Principals, American Federation of Labor AFL-CIO and others who are he re present. I would appreciate if all those present that are in support of the PELRA, as amended and in effect as of May 25, 1973, will please stand up (---directed to supporters and interested persons in the audience). VVe are here to advise the City Council concerning the alleged unfair labor practices that have taken place in the Collective Bargaining process by the City Administration's representative, Mr. Nate Lipson, the City's hired Negotiator. Whereas, it is the purpose of the PELRA to promote order- ly and constructive relationships between all public employers and their employees. R'� r. Nate L.ipson has resorted to delay tactics and unfair practices in collective bargaining. We are here because he has refused to proceed with us to binding arbitration as provided by state law, over our wage negotiation dis- P��'• We hereby charge that the City of St, Paul has committed the following violations as stipulated under Section 179, 68 Unfair Labor Practices, Subd. 2: (1) Interfering, restraining or coercing employees in the exercise of the rights guaranteed in Sections 179, 61 to 17J. 77; (5) Refiising to meet and negotiatie in good faith with the e�clusive representative of its employees in an appro- priate unit; -2- (10) Violating or refusing to comply with any lawful order or decision issued by the director or the board; (11) Refusing to provide upon the request of the exclusive representative all information pertaining to the public employer's budget both preserit and proposed, revenues and other financing information. Perhaps at this time I should ask: Is there any member of the City Council who feels that this law is nat appropriate to the Collective Bargaining process for public employees? and Is there anyone on the City Council who feels that the passage of this law has had a detrimental effect on the Collective Bargaining process with public employees and has jeopardized the concept of'Management in the public sector, particularly as it relates to the City of St. Paul? Well, then, I would next like to introduce Mr. Roy Bredahl to preserrt the next phase. � • -3- , ROY BREDAHL, JR. : MADAM PRESIDENT AND MEMBERS OF THE CITY COUNCIL: Again, I wish to thank you for this opportunity to preserit a very important issue as it relates to public employees in the State of Minnesota. It's a dark hour indeed when the White Collar Supervisors of the City of St. Paul, who provide the continuity of employmerit for City operations, to be in confrontation with the City Administration regarding the Collective Bargain- ing process as provided by State Statute. If we are not successful before you today, it would then appear that the only appropriate action that PEA White Collar Supervisors can take is to file a law suit against the City. We feel that the unit will have to resort to such action because the City's violation of the law is not in the best interests of the . citizens of this City. The City Council, being a part of the City, should be made aware of these alleged violations. It should be further pointed out that The Bureau of Mediation Services of the State of Minnesota is in concurrence with the position of our unit by the mere fact that they have submitted our case to the State's Public Employment Relations Board for binding arbitration. . The Public Employment Relations Board also is in apparent agreement or concurrence with the position of our unit by the fact that they have submitted the list of Arbitrators for selection for binding arbitration. -4- It would appear that the City Administration's outright refusal to select arbitrators pursuant to the most recent letter of Nate Lipson, dated June 2I, which reads: READ NATE LIPSON'S LETTER This again is in outright violation of the law. In connection with these law violations, I would like to quote from the statement of the Mayor in reply to the charges of the Police Federation in February 1974, not more than five months ago: READ MAYOR' S STATEMENT ( Last ParagraPh) I would like to point out that the actions of the City Administration's Representative, Mr. Nate Lipson, has been in complete variance and contrary to the statement position of the Mayor. We are in full realization that the City Council by Administrative Ordinance, has set forth the procedures for the conduct of the Collective Bargaining process. I, of course, refer to Ordinance No. 15425, C. F. 261638, approved July 19, 1973. I wish to read portions of said Ordinance: • READ UNDERLINED SEGMENTS Certainly this Ordinance does not authorize the City Administration to challecige and intentionally violate the Minnesota Statutes. -5- At this time, I would like to introduce Mr. Dan Jacobowski, our aitorney, for his additional comments: DAN JACOBOWSKI: Honorable Members of the Council, we are here today over the issue of the City's refusal to proceed to binding arbitration. We have come before you, the City Council, because (1) of your innate responsibility in this area; (2) our effort to exhaust every possible effort for resolution; and (3) because we felt you would appreciate and expect the courtesy of our appeal to you be- fore the City is encumbered with litigation which we are prepared to immedi- ately commence, with its costs and possible embarrassment to the City. In our opinion, the City's refusal to proceed to binding arbitration is contrary to the best interests of the public and the City. You, the council, represent the public. To a great extent, some of the very groups who en- dorsed you, such as the DFL and many unions, among others, are the same groups who, before the State Legislature, supported the very public employ- ment law under which we are now acting! This refusal seems contrary to the very recognition displayed by the City last year when it participated in the joint petition and proceedings before the State for the formal certification of thi.s unit; aa well as your own labor relations ordinance. -6- It is contrary to good wholesome employment practices. Rather, in my opinion and experience, it is a type of action more commonly identified with anti-union employer techniques, which frustrate the very rights and pro- ceedings afforded employees. It appears to be contrary and out of gtep with most, if not all, other governmental units throughout the state. I am nort personally aware of any other case in which another unit of government has so openly challenged the law on this matter. Does the City of St. Paul wish itself to become the first in such a �osition? We hope not. We are hopeful, by our appearance here today, that we will be success- ful in persuading your disapproval of the City's present refusal of binding arbitration, and that you will, by resolution or other appropriate measure, endorse or direct the City's representative(s) to cease such refusal, and instead promptly submit and proceed to the binding arbitration process and engage in the selection of arbitrators. We thank you for the opportunity of this appearance and for your att e nt ion. -7- . �. ---. �� n '�`i�� . . . ��;., _ :� CITY OF SAINT PAUL OrFICE Of TfIE CITY ��DMINIS��KAI�UR 1=RANK D. MAR7ITCLLI ?.l June 1��79 h1r. Fra�ilc Madden, l:xecutive Secretary Public rmployment Rclations Board Veterans Scrvice Buildi.ng St. Paul, Mi�uzesota 55155 Re: Case No. 74-PN-374A' Dear hir. Madden: � I have received your letter of 20 June 1974 containing seven proposed arbitrators wlio are supposed to constii�ute a panel in the above enti.tled case. I ir�ust presume that you have not seen my letter of 10 June 1974 to I�9essrs. Jacobotiski and Swanson in which the City has taken the gosition that it will not arbitrate this matter. For your convenience, I enclose a copy of said letter. Under the circumstances, the City does not i.ntend to select from the pro- ��osed panel or in any other way proceed to arbitration. I will assume that you will hold this matter in abeyance. Yours� ly, /, � �`�� , Iath- Lipson �City bor Negotiator encl. � • NL/ck cc: 'Daniel G. Jacobowski . Arthur Werthauser . Frank I�iarzitelli � John Haider Terry Sullivan City Halt, Saint Paul, Minnesota 55�0� � . I . • � �;'/�►i:i��L;J" � February 20 , 1974 , : . t' i•�f•;iuR Lr\►v'R::NCi:. D. COHEN - . . . , - � o�,�►�►r�:�^,_' �� M��c;-� d► n�G sa,�_r. For sor►�e tinie the Ci�y of Sair►t I-'aul and the �'olice 1'�:.l�:r.�tic�►� ►�av� 1��:�:�► �:�►�.i�;�:�1 .i�� nu�;oL•i;�•I:ir,r�:; c�nc!:rr►i.nj�, tl��: t�rinr� an�l conriitions of tneir employment with t;1e City of -Saint Paul. As : you ar�: awar�: , the city and the Federation reached an impasse over . - tl�e issua of wages , and tl�at natter was certified to arbitration . � During tlie process of selectin� a panel of arbitrators , the - ri ty f�ti�cou��tererl certain c�uc�stions coiic�rnin�; the makeuP of t'r�e p��nel. � . .ttn �� 1�•�-t:�r.�l i 1� ►� 1 e�l e! 111 � r, ��.��1� I liy; L��►1 ( {i�:.ir_ ��t� 1 � ��Ilt► 1��'/e: 1�� ►�1� n-� c �► e�Y�. Ny Y/� ��,5� N�t�++1l�e.�" �+F /�4.� /��° 1'3C• ��Caf�f �a� �t �d � 5 . . . . _ ( ; .•, .ti; ��• :•�:;��.l.v�:cl,��.i��cl tl�a�c 111c: c�ty� i;; pr��p.�rc:d -to proceed to -• - �,-- • c� .. . � 1 �'.1 l 1 .�11 .1 { ( �1�� ;��• � � �•y � �.��rlr.� 1 �� 1� •� � . . . ti ,I � l� . :i�l (.tl 1`tlil� ��.i'lll L�1 1 li llllll`11.1.11!', 111�: ��O�i.L �j.Ull 11�' III� r1131i1111.L3�.C'il t 1��11 t;►.ti� t�� .:�lltctive barEainin� proce:�s , undE:r tl�e Public �r��plo�mer�t : < :��tion� �1ct, is essential in order 't�lc1't our employees obtain fair .,,►„ �•�l�li table trea'tmcnt. b+c supl�ort tti�t process and endor�e hi�hiy ,,,� i;►t`�;rity and usefulness .of the ar:�itration procedu-res as set `c,rti� . �. - :�.�- ;�:; , .;nd ti�e rule;, e�tal�].ii�hed,by the Public Lmployee ?elatio:►s . •��,4 . �� . ' � � Council �'5�� • ' GIT�' OF SAINT PALIL File N0. � ' • / ��-_� � ° . ' .- • � . � p y.�in��e Ordinance N 0. • . , .esented By • Referred To �0 " • ��iti 1 Committee: Date Out of Committee By Date An administrative ordinance ' relating to� labor relations; pro- � viding procedures for the conduct of the collective bargaining process. , : � WHEREAS it is the stated Qoli�c r•��_o�f the City_ of__Saint_iPaul —1 b -- ----- -- � to promote orderly and constructive a°-at onsgatethe highests� stablish a s stem o uninterru�te�ope� _ _ ____ . erf ormance eve an create an orderTiy t system witl1in�whic� . co ective ar ainin rocess can �unction• now therefore ' THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:___ ' Section 1 ' Unresolved dis utes fra�mented negotiations and the absenc� of clear ic�.e ines tor sett�ling dis�heeWelltbein� _of�Cit�e?n1�lo�-S• �o a or-tnana ement relations anl na With the foregoing in ma droceduresntolinsureythetcollective bar- following guidelines an p gaining process will function in a free and non-political atmosp ere: A. Le islative Res�onsibi1�ocessTrestsnwithethenCiti1C uncil. for the co ective ar�ainin�_ p ---- -�y- �- -______ � A cor in t�e�ounci�s�hall: (1) Recognize by resolution exclusive representatives of employee organizations in accordance with state law. ' , (2) Approve and ratify by resolution the selection of � labor consultants to aid and assist in labor . COUI�tCIL6tEN ' � Requested by Department of: Na s Yeas �K Butler In Favor ' Konopatzki Levine By 1�teredith Agaitlst g�xxx Roedler Tedesco • Mme.President��rHurit Fotm Appro�ed by City Attorney , Adopted by Councii: Date .�r� �.i.w � gy 1 t�'^^�'s c'�'i��%+�� Certified Passed by Council Secretary . By pppcoved by Mayoc for Submission to Council ppproved by Mayor: Date By sy . - . .� . . 2��5?$ � � . . Page 2. ' relations activities 'as determined by ' the executive branch of government. (3) Approve and ratify by administrative ordinance, � . collective bargaining agreements negotiated between the designated representative of the City and the exclusive representative of an employee organization. (4) .� rove as submitted final positions for arbi- tration w en require y state aw. � B. Executive Res onsibil�. The administrative duties connecte wit an attenctant to the collective �bargaining process are hereby delegated to the executive branch of government, pur- suant to the provisions of the City Charter. Accordingly, the off ice of the Mayor, through the City Administrator, shall: (1) Select with the approval of the City Council labor relations consultants to assist in the collective bargaining process when �deemed necessary by� the City Administrator to carry aut the City s responsibilities in an efficient and competent manner. � � (2) Carry on the day to day collective bargaining process including, but not limited to, the planning, scheduling and conducting of nego- tiation sessions ; the drafting and preparation of necessary documents and agreements in coordina- � tion with the office of the City Attorney. (3) Administrate collective bargaining �greements in accordance with their terms and provisions as � approved by the City Council. (4) Process grievances under collective bargaining agreements in coordination with the office of the City Attorney. - _ .,• . _ . _ _ � � � .. ._.._ ,...._...._.... ......_...,,:..� ��R�\� ,� _ � � � � 26�fi�`�8 . , � Page 3. . • • (5) Make eriodic re orts to the Cit Council on t e status and progress o t e collective bar�aining process. � C. Responsibility of Labor Representatives and Em�ees. To insure armonious 1aT�or-management re ations a t e air and eff icient conduct of the collective bargaining process, it . is essential that employees� and their exclusive repre'sentatives - comply with outlined procedures. Accordingly, they shall: (1) Conduct discussions and negotiations concerning terms and conditions of employment only with the clesignated representative of the City. (2) Submit written demands concerning desired changes . in the terms and conditions of employment in accordance with a timetable to be established by the City Administrator and approved by the City Council. (3) Present grievances concerning terms. and conditions of employment only in accordance with procedures outlined in the collective bargaining agreements or by other grievance procedure established by administrative ordinance of this Council. � Section 2. Su ervision of Consultants. Labor relations consultants selecte in accor ance wit ection 1 herein and approved by the City Council shall take direction and be under the super- vision of the office of the City Administrator. The specific duties and responsibilities of consultants shall be set forth � in an agreement to be approved by resolution of the City Council. � .. . _. .. � �.�,..w..w�. � a � CITY OF SAINT PAUL COUncil 2��8 ' ' �f File N 0. , . , , � �' �' O'��Zn��C� OrdinanceNO. � ��.5 ented By Referred To Committee: Date Out af Committee By Date . ' . � Section 30 � This ordinance shall take effect and be in force thirty � (30) days after its passage� approval and publication, COUI�ICIL;��EIV Requested by Department of: Yeas Nays • ��c Butler Konopatzki In Favoc Levine ;�Seredith�� Against BY � Tedesco Mme.President,�4CZ,i�r Hurit � AJ G 1 �9� Form Approved by City Attorney Adopted by Council: Date � � � ' Certif' � sed by Cou '1 S _ ry By �C�D"- ` .GZwwtO.A B ��'' � "� � Y Approve h!a � r: ate _ ?3 App�oved by Mayoc for Submission to Council By . �.... Hy o��n� ��i��n AI f fs � �AI� . . --� -� � .., „ - <<��1�1 j' ` L`i� J . . t i +. i • CITY OF Sl\ INT i'1lUL OFFICE Of THE CITY ADMINISTRI�TOR f=KANK D. MAK7_ITIi_LI . i � ?_1 June 1974 l I rtr, Frari}c rladden, r:xecuti.ve Secretary ' Public Employment Relations Board ; Veterans S�rvice Building �� St. Paul, M.innesota 55155 I Re: Case No. 74-PN-374A I Dear Mr. Madden: I I have received your letter of 20 June 1974 containing seven proposed arbitrators who are supposed to constitute a panel in the above enti_tled case. I must presume that you have not seen my letter of 10 June 1974 to Messrs. ' Jacobowski and S�vanson in which the City has taken the position that it wi11 not arbitrate this matter. For your convenience, I enclose a copy � of saici letter. ` ! Under the circumstances, the City does not i.ntend to select from the pro- � �osed panel or in any other way proceed to arbitration. I will assume that you will hold this matter in abeyance. Yours� ly, . ; � l�� ath Lipson City abor Negotiator encl. � � NL/Ck ' cc: 'Daniel G. Jacobowski . Arthur Werthauser . Frank Marzitelli � John Haider Terry Sullivan ; City Hall, Saint Paul, Minnesota 5510i . , . . �; �";'li:i:i•�i:i�f'� � February 20 , 19 74 C i�il;iUi< L�\idRE:NCi� D. CONr.►1 . . . . C o r,�►t a'%�!'`i'� D� i�J��2 G;-� o► t'r?G Sp/�+�ly' For son►e �ime the Ci�y of 5a�nt 1'aul and tl�e ?olice 1'�:��i•.�ti�� l�c►v� liuu�� ►L.��;�:�1 i�� t��;oCi;�'L'ic,r�:; c�t�c!:rni.n�, tli�: fi�rcnr. anci cor►ditions of tneir employment with t:1e City of -Saint Paul. As you ar� awar�:, the cit� and the Federation reached an impasse over . - �tl�e issua o; wages , and that natter was certified to arbitration. _ � During tlie process of selectin� a panel of arbitrators, the - . �•i ty E�»cou�►terecl certain c�u�stions concernin� the makeup of ti��e p��nel. . .ttn �• 1�•�y:�r..1 I �� ! a�l �� 11� i r, ��i.��•�� i li�', 1_I�� 1 f i��:,ir_ ��1�� 1 1 ��l�t� 1�.�� !�� ►�� t�l� �c� ��c�t�3 l�a� ��t�� Se.�Y� Ny Y'JL+2 ��,� �r�y.�- �►F �,�. l : .•. .ti ► ��• ;•v::��].v�:.1,��I111t� tl�a�t ti��: city� i:� prep.ared -to proceed t� .. . y_- . � .. . r1 ��.� � 1 .H1 .1 � � �lit �f;��{• � ��.�� .��fic� l �� 1� •� � . •. ti �� 1� � :i�l (.l) 1`�lil�,�.1.{'lll L�1 1 li llll)L�Il.l.l�� l�l�: �)(Jii�. �lUll 111� Itl� .,�i,c�ir►.i��c:it i�.�� :,�,�: t��4 .:�ll�cti/ve barEainin� proce:�s., undr.r fil►� Public �r��plo�ment � � �.. ;��tion� Act, is essential in order that our enployees obtain fair ,,,►,; �•,l�jit�blc: trca'tment . ir+c support t}i�t process ancl endor�e hiEhly t,�� i�►taLrity and usefulness of the ar:�itration procedures as set `c,rti� . . - :�.�- :i:: , .;»d �i�e rti2e;, e�tah).ir�hed, by the Public L'mployee ?elatyo.►s . .��,� , !! 1� - . { , . ' � Council �6��8 • CiIT�' OF SAINT ��uL File N0. • . � .. • . • � Ordin�n�e � �`�� . Ocdinence N 0. , .esented By � Refe�red To �0 � • ��►9 1 Committee: Date Out of Committee By Date An administrative ordinance ' relating to� labor relations; pro- � viding procedures for the conduct of the collective bargaining process. � WHEREAS it is the stated ol�ic - of the Cit _ of Saint Paul . mote orderl and constructive la'6or-_managemente hiahests� to r• — ---- stablish a s stem o uninterru�ted 'o erations at t _ g . erformance eve an create an or er y system within whicli the . _-- t - • co ective ar ainin rocess can function now therefore�' ' THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: �� ' Section 1 � Unresolved dis utes, fragmented ne otiations and the absence g of clear i e ines tor se�lons�andst eewelltbeing of�City emplo�.s• 0o a or-mana ement rela ____—;-- . With the foregoing in mind, teduresntolinsureythetcollectivehbar- following guidelines and proc gaining process will function in a free and non-political atmosphere: A. Le islative Resnonsibi7.�ocessTrestsnwithethenCity1Council. � A�corhinc� ethevCounc�ills`�ial�� (1) Recognize by resolution exclusive representatives of employee organizations in accordance with state law. ' (2) Approve and ratify by resolution the selection of labor consultants to aid and assist in labor COUNCILIIEN ' Requested by Department of: Na s Yeas �� Butler in Favor � Konopatzki - Levine - By 1'ieredith Agaitist � Roedler � Tedesco Mme.President��cHurit Form Approved by City Attorney , Adopted by Council: Date ��1 5�{�nA ..�..t By f 1�v4 Cectified Passed by Council Secretary . By pppcoved by Mayoc for Submissio�to Council ppproved by Mayor: Date By By . . • 1�.��,�t�� ' . _ . . . Page 2. . . relations activities 'as determined by ' the executive branch of government. (3) Approve and ratify by administrative ordinance, � . collective bargaining agreements negotiated between the designated representative of the City and the exclusive representative of an employee organization. . (4) rove as submitted final positions for arbi- tration w en require y state aw. � B. Executive Responsibilit . The administrative duties connecte wit and attenctant to the coZlective �bargaining process are hereby delegated to the executive branch of government, pur- suant to the provisions of the City Charter. Accordingly, the off ice of the Mayor, through the City Administrator, shall: � (1) Select with the approval of the City Council labor relations consultants to assist in the collective bargaining process when �deemed necessary by�the City Administrator to carry out the City s responsibilities in an efficient and competent manner. � � (2) Carry on the day to day collective bargaining process including, but not limited to, the planning, scheduling and conducting of nego- tiation sessions; the drafting and preparation of necessary documents and agreements in coordina- � tion with the office of the City Attorney. (3) Administrate collective bargaining agreements in • accordance with their terms and provisions as � approved by the City Council. (4) Process grievances under collective bargaining agreements in coordination with the office of the City Attorney. - � � . � ' �V��c�C7 .. ^ . . Page 3. . � (S) Make eriodic re orts to the Cit Council on the status and progress o t e collective bargaining process. C. Responsibilit�of Labor Representatives and Em�ees. To insure armonious -Ia or-management re a ions a t e air and eff icient conduct of the collective bargaining process, it . is essential that employees� and their exclusive representatives - comply with outlined procedures. Accordingly, they shall: (1) Conduct discussions and negotiations concerning tertns and conditions of employment only with the designated representative of the City. (2) Submit written dema.nds concerning desired changes , in the terms and conditions of employment in accordance with a timetable to be established by the City Administrator and approved by the City Council. � (3) Present grievances concerning terms. and conditions of employment only in accordance with procedures outlined in the collective bargaining agreements or by other grievance procedure established by administrative ordinance of this Council. Section 2. Su ervision of Consultants. Labor relations consultants selecte in accor ance wit ection 1 herein and approved by • the City Council shall take direction and be under the super- vision of the office of the City Administrator. The specific duties and responsibilities of consultants shall be set forth � in an agreement to be approved by resolution of the City Council. � � _ ,. _.. .. �_ _.,_........,. . a � CITY OI�' SAINT PAUL Council 2��,5�8 .� ' ` /"' File N 0. � • , . , � ; . �: • �� O��ZnGI�C� OrdinanceN0.�5 ented By , Referred To Committee: Date Out of Committee By Date . Section 30 � � This ordinance shall take effect and be in force thirty (30) days after its passage, approval and publication. COUh'CIL�1El�t � Requested by Department of: Yeas Nays • �,,��x Butler Konopatzki Itl FaVOt Levine hieredith�� 0 Against By � Tedesco Mme.PresidenL�GbiBtr Hurit � AUG 1 �9�, Form Approved by City Attorney AdoQted by Council: Date .�-� .- ' ' Certi1f' sed by Cou '1 S F ry By ��G�"' `� �� 0� ' By \� � � /� Approve hta • r: ate �'�� Approved by Mayor for Submission to Council ey _ ._ By � w�iiil 1RLIwn Q��r a. 147� � . . lst ,/ 2nd � t ' '3rd '��' Adopted � . Yeas Nays CHRISTENSEN HOZZA � � �V� � � 3� ROEDLER ac� SYLVESTER TEDESCO PRESI�TT (�itJNT)