Loading...
03-164Conncil File # �,�(�i� Presented by Refesed To 1 Coumuttee Date 2 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 3 January 1, 2003 through December 31, 2004 Labor Agreement between the City of Saint Paul and The 4 Saint Paul Manual & Maintenance Supervisors Association. Adopted by Council: Date � � `a( �.-� � -� Adoprion Certified by Council Secretary By: Approved by By: Green Sheet # 204189 RESOLUTION CITY OF SAINT PAUL, MINNESOTA t3 Requested by Department oE Office of Labor Relarions � �d — — DEPARTMEN'I/OFFICE/COUNCII,: DATE i1VTTIATED GREEN SHEET No.• 204189 � +��� LABOR RELATIONS January 31, 2003 ' CONTACT PERSON & PHONE: uvtnnunAl'e ln7nwunwrE TERRY HALTINER 266-8897 �I�� 1 DEPARTMEN"1' DIIL "1��a a cr[Y couricn. NUMBER 2 CITY ATfORNEY � C1TY CLERK MUST BE ON COlJ1VCII. AGEI�'DA BY (DATE) FOR BUDGEI DIIL flN. & MGT. SERVICE DIR ROUTING 3 T'1AYOR (OR ASST.) ORDER TOTAL # OF SIGNA'I'URE PAGES_I {CLIP ALL LOCATTONS FOR SIGNATORE) ncriox �QuESren: This resolution approves the attached January 1, 2003 — December 31, 2004 Labor Agreement between the City of Saint Paul and The Saint Paul Manual & Maintenance Supervisors Association. RECOMMENDATfONS: Approve (A) or Reject (R) PERSONeiL SERVICE CONTRACI'S MUST ANSWER THE FOLLOWIIVG QUESTIONS: _PLANNING COMMISSION _CNIl. SERVICE COMMISSION 1. Has this peison!£um ever worked wder a conhact for this department? Cffi COMMITTEE Yes No STAFF 2. Haz tfiis person/firtn ever been a city employee? DISTRICT COURT Yes No SUPPORTS WHICH COUNCIL OBJECTNE? 3. Does this person/firm possess a skil] not normally possessed by any cwrent ciry employee? Yes No Explain all yes answers on separate sheet and attach to greeo sheet INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, Whay Wheq W6ere, Why): Cunent agreement expired December 31, 2002. ADVANTAGESIFAPPROVED: An agreement in place through December 31, 2004. This agreement has been ratified by the union members. DISADVANTAGES IF APPROVED� None ^ � ��:'v;� ���'^r ea��� ��-,, DISADVANTAGES IF NOT APPROVED: r-s� � ory +� y ; S , { �i..5� � � ��L� No agreement in place - labor unrest. TOTAL AMOUNT OF TRANSACTION: $ COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVITY NUMBER: FA'AtVCIAL INFORMATION: (EXPLAII� �� -��y ATTACHMENT TO THE GREEN SHEET ST. PAUL MANUAL & MAINTENANCE SUPERVISORS ASSOCIATION Below is a sumivary of the changes in the Collective Barga.ining Agreement between the City and the St. Paul Manual & Maintenance Supervisors Associarion. Duration: January l, 2003 through December 31, 2004. Wa¢es: 2003: 3.0% 2004: .40% Health Insurance: The insurance contribution increase follows the same pattern as previously negotiated agreements with other bargaining units for 2003 and aze the same as negotiated in the joint union negotiation session for 2004. 2003 Single: $259.72 per month plus any increase in the 2003 single premium up to $45 per month. If the single premiuxn increase is over $45, the Employer will contribute 50% of the amount over $45. (Total: $308.15) Family: $473.63 per month, plus 65% of the family premium increase in 2003 up to $71.50 per month If the 2003 family premium increase exceeds $110, the City will pay 40% of the excess increase per month. (Total: $554.24) 2004 Single: An amount equal to the auerage of the 2004 single insurance premiums. Family: $554.24 per month, plus 65% of the family premium increase in 2004 up to $71.50 per month. If the 2004 family premium increase exceeds $ I 10, the City will pay 40% of the excess increase per month. Life insurance was reduced from salary life to $50,000 of life insurance for all members of the bargaining unit beginning 1-1-04. This provided for an additional $40.00 on deferred compensation. Deferred Compensation $40 was added to the deferred compensation match beginning in 2003. Dates by which the employee must have the full amount of defened compensation contribution made moved from September to first payday in October. Dates for City match of contribution moved from October to last payday of November for administrative ease. n� -ity Vacation/FIolidavs Floating holidays were eliminated and added to the vacarion schedule begimiing in 2004. All holidays to be considered as major holidays begiiuiing with 2003 Veterans Day. Post Emplovment I3ealth Plan Employees in this bazgaining unit shall have their severance payment placed into a post employment health plan. This will provide for employer tas savings. Other language changes: Other language changes are of a housekeeping nature for clarification and clean up. Costs Wages Insurance 2UO3 $114,060.03 $49353.96 2QU4 $15,208.00 $ (actual unknown at this timel $163,413.99 $15,208.00 + insurance costs G:�Shared�I.RCOMMON�CONTRACTIMMSUPVRP�03-04\gmsheetattch wpd n O� �L� � 2403 - 2004 LABOR AGREEMENT : � � � BETWEE�T . � - � _ �. � _ � �� �T�iE CITY OF-SAINT =PAUL- " � � �=� - � � � ��_, � � � - � , ; � THE SAINT PAUL` 1VIANUAL & MAINTENANCE ` S;UP�RVISORS,A`SSO�IA�I;ON ,. , ��.� � _. _ - � �. � �� � � � ��. � � a3-t�'� INDEX �TICLE TITLE PAGE 1 Purpose of Ageement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Recognition ............................................................1 3 Maintenance of Standazds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 EmployerSecurity .......................................................2 5 Employer Authority ......................................................2 6 Association Security .....................................................3 7 Empioyee Rights-Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 � Savings Clause ..........................................................7 9 Seniority ...............................................................7 10 Discipline ..............................................................9 11 Overtime and Premiums ..................................................9 12 Uniforms .............................................................10 13 Vacation ..............................................................11 14 Holidays ..............................................................11 15 Insurance .............................................................12 16 City Mileage ...........................................................16 � Severance Pay .........................................................17 Working Out of Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 19 Sick Leave and Parental I,eave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 20 No Strike,I�o Z,ockout ...................................................21 21 Rightto Subcontract ....................................................21 22 Deferred Compensation ..................................................21 23 Wage Schedule .........................................................22 24 Terxnsof Agreement ....................................................26 Memorandum of Understanding (WOOC} . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...27 On-Ca1lLetter ..........................................................28 n U ARTICLE 1- PURPOSE OF AGREEMENT D3'� �� � 1 This Ageement is entered into between the City of Saint Paui, hereinafter called the Employer, and the St. Paul Manual and Maintenance Supervisors Association, hereinafter called the Associarion. Place in written form the parties' Agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2 - RECOGNITION 2.1 The Employer recognizes the Association as the exclusive representative, under the Public Employment Labor Relations Act of 1984, as amended, for ali personnel in the foliowing classifications: All manual maintenance supervisors who aze ernployed for more that fourteen(14) hours per week and more than sixty-seven (67) works days per year by the City of Saint Paul, excluding all other Employees. Titles included: Animal Control Supervisor Bridge Maintenance Supervisor I Bridge Maintenance Supervisor II Building Maintenance Supervisor - Fire Departrnent Building Maintenance Supervisor - Libraries ilding Maintenance Supervisor - Pazks & Recreation ustodial Supervisor - Civic Center Custodian Engineer (Public Safety Building) Dispatcher Equipment Maintenance Supervisor Forestry Supervisor I Forestry Supervisor II Golf Course Superintendent Marina Services Supervisor Meter Operations Supervisor Night Custodial Supervisor - Civic Center Park Maintenance Supervisor I Park Maintenance Supervisor II Public Works Field Supervisor Public Works Supervisor I Public Works Supervisor II Public Works Supervisor III Senior Zoo Keeper Sewer 3upervisor I Sewer Supervisor II Sewer Supervisor III Supervisor of Gazbage Collection Traffic Maintenar,ce Supervisor I Traffic Maintenance Supervisor II Vehicle Mechanic Supervisor I Vehicle Mechanic Supervisor II Water Maintenance Supervisor Water Plant Production Supervisor Water Service Supervisor Watershed Supervisor I Watershed Supervisor II Water Utility Mains Supervisor Zoo Supervisor 2.2 In the event the Employer and the Association are unable to agee as to the inclusion or exclusion of a new or modified job class, the issue shail be submitted to the Bureau ofMediation Services for determination. It is understood that this provision shall refer to the Bureau of Mediation Services only such issues as by law aze under its jurisdiction. • a,�'�� . ARTICLE 2 - RECOGNITION (Continued) 23 The Employer shaii not enter into any Ageements covering terms and conditions of employment � with the Employees of the bazgaining unit under the jurisdiction of this Ageement, either individually or collectivelv which in any way conflicts with the terms and conditions of this Agreement, except through the certified representative. 2.4 Neither the Association nor the Empioyer shall discriminate against any Employee because of Association membership or non-membership, or because of his/her race, color, sex, religion, nationai origin, or potitical opinion or affiliations. 2.5 All existing Civil Service Rules shall apply except those superseded by this Agreement. ARTICLE 3- MAINTENANCE OF STANDARDS —3_1-- Th�City-agzee� that all c9nditions of_empl_o�nent relating to waQes, hours of work, overtime differentials, vacations and general working conditions shal�l be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of ttie City of Saint Paut and Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement aze made elsewhere in this Agreement. ARTICLE 4 - EMPLOYER SECURITY 4.1 The Association agrees that during the life of this Agreement it wili not cause, encourage, participate � in or support any strike, slow-down or other interrugtion of or interference with the normal functions of the Employer. ARTICLE 5 - EMPLOYER AUTHORITY 5.1 The Employer retains the sole right to operate and manage all manpower, facilities and equipment in accordance with applicable laws and regularions of approgriate authoriries. 5.2 Any terms and conditions of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. 5.3 The exercise by the Employer of, or its waiver of, or its failure to exercise its full right of management or decision on any matter or occasion, shall not be a precedent or be binding on the Employer, nor the subject or basis of any grievance not admissible in any arbitration proceeding. i ARTICLE 5 - EMPLOYER AUTHORITY (Continued) 83-i � H �4 A public Employer is not required to meet and negotiate on matters of inherent managerial policy - which include, but are not limited to, such areas of discretion or policy as the functions and programs of the Employer, its overail budget, urilization of technology and organizational structure and selection and direction and number ofpersonnel. ARTICLE 6 - ASSOCIATION SECURITY 6.1 The Employer shall deduct from the wages of the Employees who authorize such a deduction in writing an amount necessary to cover monthly Association dues. Such monies shall be remitted as directed by the Association. 6.2 The Association may designate Bmployees from the bargaining unit to act as stewards and altemates and shall inform the Employer in writing of such choices and of changes in the positions of stewards and/or altemates. It is further understood that the number and locations of stewards shail be limited and confined to numbers and locations as are necessary and reasonable to administer the provisions of this Aereement. 6.3 The Employer shall make space available on the Employee bulletin board for the posting of Association notice(s) and announcements(s). 6.4 The Association agrees to indemnify and hold the Empioyer harmless against any and ali claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or � not taken by the Employer under the provisions of this Article. 6.5 The Employer agrees that on the Employer's premises and without loss of pay the Association stewards shall be allowed to post official Associarion notices of the designated representatives, Yo transmit communications authorized by the Association or its officers under the terms of this contract, and to consult with the Empioyer, its representative, Association officers or the Association representative conceming the enforcement of any provisions of this Agreement, so long as such action does not interfere with regulaz Employee duties and is reasonable and necessary. 6.6 Stewazds aze authorized to perform and discharge the duties and responsibilities which are assigned to them under the terms of this Agreement and any suppiementary Agreements. The Employer agrees that there shall be no restraint, interference, coercion or discrimination against a stewazd because of the performance of such duties. • o � i� � ARTICLE 6 - ASSOCiATION SECURITY (Continued) 6.7 Any present or future Employee who is not an Association member may be required to conhibute a � fair share fee for services rendered by the Association. Upon notification by the Associarion, the Empioyer shall check off said fee from the eamings of the Employee and transmit the same to the Association. 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 provision shall remain operarive only so long as specifically provided by Minnesota law, and as otherwise legal. It is also understood that the Association agrees to indemnify and hold the Employer hazmiess against any and alI 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 section. ARTICLE '7 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE . . tl�n-Qf-a-GneV2IIEC--�'�e_�reEy�llie�5Y3�}� l,o.i� chall hr thr enlP ana PXCIASIY_B procedure for the processing of grievances which are defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions ofthis Agreement. It is understood by the Associarion and the Employer that if an issue is submitted and determined by this grievance procedure, that issue shail not again be submitted for azbitration under the provision of the Rules and Regulations of Civil Service. It is further un@erstood that if an issue is submitted and determined by the grievance procedure under the Civil Service Rules and Regulations, it shall not again be submitted for arbitration under the procedures set forth in this Article. 7.2 Association Representatives - The Employer will recognize Representatives designated by the � Association as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Association shall notify the Employer in writing of the names of such Association representatives and of their successors when so designated as provided by 6.2 of this Agreement. 7.3 Processin� of a Grievance - It is recognized and accepted by the Associarion and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibiliYies. The aggrieved Employee and an Association Representative shall be allowed a reasonable aznount of tnne without loss of pay when a grievance is invesrigated and presented to the Employer during norma] working hours provided that the Employee and the Association Representative have notified and received the approval of the designated supervisor who has detemrined that such absence is reasonable and would not be dehimental to the work programs of the Employer. � 4 ARTICLE 7 - GRIEVANCE PROCEDURE (Continued) 7.4 � Procedure - Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: o3-l�y Step i. An Employee claiming a violation concerniug 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 Employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within seven (7) calendaz days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within seven (7) calendar days after the Employer-designated representarive's final answer in Step 1. � Step 2. If appealed, the written grievance shall be presented by the Association and discussed wiih the Employer-designated Step 2 representative. The Employer-designated representative shall gve the Association the Employer's Step 2 answer in writing within seven (7) calendaz days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within seven (7) calendaz days following the Employer-designated representative's final Step 2 answer. Step 3. If appealed, the written grievance shali be presented by the Association and discussed with the Labor Relations Director or his/her designee. The Employer-designated representative shall give the Association the Employer's answer in writing within seven (7) calendaz days afrer receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within seven (7) calendaz days following the Employer-designated representative's final answer in Step 3. Ontional Mediation Step If the grievance has not been safisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendar days, request mediation. If both parties agree that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediation Services for the assignment of a mediator. 2. Grievance mediation is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance arbitration. When g� mediation is invoked, the contractual time limit for moving the grievance to arbitration shall be delayed for the period of inediarion. Either party may at any rime opt out of inediation at which time, the Union may then proceed to arbitration. � d� /�� ARTICLE 7 - GRIEVANCE PROCEDURE (Continued) 3. The grievance mediation process shall be informal. Rules of evidence shall not appiy, . and no record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and argument to support their case. The mediator may meet with the parties in joint session or in sepazate caucuses. 4. At the request of both parties, the mediator may issue an oral recommendarion for settlement. 5. Unless the parties agee otherwise, the outcome shall not be precedential. ; 6. If the grievance is not resolved and is subsequently moved to arbitration, such proceeding shall be de novo, in that, notlxing said or done by the parties or the mediator during grievance mediation with respect to their positions conceming resolurion or offers of settlement may be used or referted to duriug azbitration. submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau ofMediation Services. 7.5 Arbitrator s Authority - A. The azbitrator shail have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Association, and shall have no S authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the appiication of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following ciose of the hearing or the submission of briefs by the parties, whichever be later, uniess the parties agree to an extension. The decision shall be binding on both the Employer and the Association and shall be based solely on the azbitrator's interpretation or applicarion of the express ternvs of this Agreement and to the facts of the grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Association provided that each pariy 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 equaliy. � 6� ARTICLE 7 - GRIEVANCE PROCEDURE (Continued) 03-«� �6 Waiver of grievances! missed timelines. If a grievance is: (1) not presented within twenty one (21) calendaz days of its occurrence by the employee as described in Step i; or (2} arbitration has not been requested by the Association within 60 calendaz days of the Association's filing of its written grievance in Step 2, it shali be considered `�vaived". If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Association may elect to h�eat the grievance as denied at the step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutuai written agreement of the Empioyer and the Association in each step. ARTICLE 8 - SAVINGS CLAUSE 8.1 This Ageement 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 wiihin the time provided, such provisions shali be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. All other provisions of this Agreement shall continue in fuil force and effect. ARTICLE 9 - SENIORITY �1 Seniority, for the purpose of this Agreement, shali be defined as follows: A. "City Seniority" - The length of continuous, regular and probationary service with the Employer from the last date of employment in any and all class titles. B. "Class Seniority" - The length of continuous, regular and probationary service with the Employer from the date an Employee was first certified and appointed to a ciass title covered by this Agreement, it being further understood that class seniority is confined to the current class assigunent held by an Employee. 9.2 Seniority shall terminate when an Employee retizes, resigns, or is dischazged. 93 Seniority shall not accumulate during an unpaid leave of absence, except when such leave is granted for a period of less than thirty (3Q) calendaz days; is granted because of illness or in,}ury; is granted to allow an Employee to accept an appointment to the unclassified service of the Employer; or is granted to take an elected or appointed full-time position with the Association. . d� ��� ARTICLE 9 - SENIORITI' (Cont'tnued) 9.4 In Ihe eveni iT is defermined by the Employer thaf it is necessary Yo reduce Yhe work force, Employees � will be laid-off by class title within each division based on inverse length of "Class Seniority." Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after two years of layoff. In cases where there are promotional series, snch as Supervisor I, Supervisor II, Supervisor IlT, etc., when the number of Employees in these higher tities is to be reduced, Employees who have held lower titles which are in this bazgaining unit will be offered reductions to the highest of these titles to which ciass seniority would keep them from being taid off, before layoffs are made by any class title in any department. It is further understood that a Iaid off Employee shall have the right to placement in any Iower-paid class title, provided said Employee has been previousiy certified and appointed in said lower-paid class title. In such cases, the Employee shall first be placed on a reinstatement register and shall have "Class 5eniority" based on the date originally certified aad appointed to said cIass. Employees --ma}� a �n ann ly-for�osilions_in_a_lo�ezclass but ma�nevertheless retum to origina] class as provided in paragraph (A) above. 9.5 To the extent possible, vacation periods shall be assigned on the basis af "City Seniority," within each class, by division. It is however, understood that vacation assignments shall be subject to the ability of the Employer to maintain operations. 9.6 Promotions shall be handled in accordance with current Civil Service Rules and gracrices. 9.7 The Employer shall post a seniority list at least once every six (6) months. � 9.8 Notwithstanding anything in this Agreement to the contrary, no employee in a position outside this bargaining unit may bump into a position in this unit, except as described here: 9.8.1 an employee outside the unit may retum to a vacancy in this unit if selected following prescribed procedures; 9.8.2 an employee outside the unit may bump the most junior employee in a position previousiy held by the retuming employee if a bumping right has been provided under the Tri Council agreement to members of this unit. and if provided, the rights of employees attemgting to bump back mto tlus unit shall be the same in every respect but shall not exceed those rights given to members of this unit by the Tri Council contract. r� u ARTICLE 10 - DISCIPLINE 10.1 The Employer will disciptine Employees for just cause oniy , a) Qral reprimand; b) Written reprimand; c) Suspension; d) Rednction; e) Dischazge. Discipline wiil be in the form of 10.2 Suspensions, reductions and discharges will be in written form. o3-t�y 10.3 Employees and the Association will receive copies of written reprimands and notices of suspension and discharge. 10.4 Employees may examine all information in their Employer personnel files that concems work evaluation, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the Employer. No documents conceming work evaluation or discipline of an Employee will be placed in the Employee's personnei file unless it contains the signature of the Employee acknowledging the Employee's receipt of the document prior to placing it in the file. 10.5 . Discharges will 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 Employer representative 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 Civii Service Rules or may modify, or withdraw same. 10.6 An Employee to be questioned conceming an investigation of disciplinary action shali have the right to request that a Association representative be present. ARTICLE 11 - OVERTIME AND PREMIUMS 1 l.l Employees (with the exception of those covered in Section 11.2 hereo fl shall be paid one and one-half (1.5) times the regular rate of pay for work performed in excess of the regular work day and/or the forty (40) hour work week. 11.2 Employees in classifications in salary grade 42 or above shall be paid straight time for work performed in excess of the regular work day and/or forty (40} hour work week. 113 An Employee who is called back to work following the completion of his/her regulaz work day shall be guaranteed four (4} hours pay at hislher regulaz straight time rate. 11.4 �J An Employee shall be compensated in either compensatory time ofT'or overtime payment in cash. Employees may express a written preference for the method of overtime payment, cash or compensatory time. 03,� y ARTICLE 11 - OVERTIME AND PREMIUMS (Continued) 11.5 A night differential of five percent (5%) shall be provided to Employees who work night shifts as � defined herein. A night shift will be considered to be a regularly assigned shift beginning earlier than 6 a.m., or ending later than 6 p.m., provided that at least five (5) hours of said shift aze worked between the hours of 6 p.m. and 6 a.m. It is further understood that in case of regulazly assigned shifts beginning earlier than 6 am. or ending later than 6 p.m. which involve less than five (5) hours of work, an Employee shall be eligible for the night differential only for the hours actually worked during night shift hours. 11.6 Employees may decline to cazry city cell phones, pagers or beepers during non-working hours. In the event that the City directs an empioyee to cazry city cell phones, pagers or beepers to standby for non-working hours, the Empioyer and the Associarion shail establish a premium for such duty. ARTICLE 12 - UNIFORMS 121 The City shall fumish a uniform or required equipment to any employee who is required by the City to wear the uniform or utilize the equipment as condition of empioyment. After providing, at its expense, an initial uniform to employees required to wear a uniform, the City will reimburse these employees for necessary replacement parts of the uniform annually per calendar year beginning the year after the employee's initial issue of wuform. Employees must present receipts to be reimbursed. 12.2 The Employer agrees to pay $50.00 per yeaz for safety shoes purchased by an Employee who is a member of this unit. The Employer shall only contribute towazd the cost of one pair of shoes per � contract yeaz. This reimbursement shall be made only after investigarion and approval by the unmediate supervisor of that Employee. This Employer contribution shall apply only to those Employees who aze required by the Employer to wear protective shoes or boots. Employees may carryover up to a total of $160.00 per year for the purchase of shoes, i.e., the maximum reimbursement for any one year could be $210.00 ($160 canyover plus $50/year). 123 The Employer shall provide each employee in the title of Golf Course Superintendent who is required to wear a specified uniform with four (4) uniforms for ful]-time employees and two (2) uniforms for part-time employees. The uniform will consist of either a shirt or sweatshirt selected by the Employer. Employees wili be required to wear the uniform while on duty and will be responsble for the caze and upkeep of their uniforms. CJ 10 ARTICLE 13 - VACATION �3.1 In 2003, each fuil-time Employee shali be granted vacation according to the following schedule: Years of Service 0 thru 4th yeaz Sth yeazthru 9th year l Oth yeaz thru 15th yeaz 16th yearthru 23rd year 24th year and thereafter Vacation Granted 10 days 17 days 19 days 24 days 26 days b�-f�ti In each calendar year, starting in 2004, each fuil-time Employee shall be granted vacation according to the following schedule: Years of Service 0 thru 4th yeaz Sth yeaz thru 9th year l Oth year thru 15th yeaz 16th yeaz thru 23rd yeaz 24th year and thereafter Vacation Granted 12 days 19 days 21 days 26 days 28 days 13.2 Employees who work less than fuil-time shall be granted vacation on a pro rata basis. 13.3 The head of the department may permit an Employee to cany over into the following fiscal yeaz up � to one hundred twenty (120) hours of vacation. The vacation cap of 120 hours shall be applied on the last work day of the calendaz yeaz. 13.4 The above provisions of vacation shail be subject to Resolution No. 6446, Section I, Sub. H, unless the contract provisions directly conflict with the Salary Plan. In such cases, the language of the contract shall supercede/replace the conflicting language of the Salary Plan. 13.5 For the purposes of this Article, years of service shal] be defined as the number of years since the Employee's date of appointment. This shail not include years of service prior to a resignation. ARTICLE 14 - HOLIDAYS 14.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays in 2003: � New Years Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Two floating holidays Labor Day Veterans' Day Thanksgiving Day Day After Thanksgiving Christmas Day I1 a3i�� ARTICLE 14 - HOLIDAYS (Continued) Holidays recognized and observed. The following days shail be recognized and observed as paid � holidays in 2004: New Years Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Day After Thanksgiving Christmas Day Eligible Employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the -- succeeding.Monday�hall_be_abseLV_ed_as the holiday. 14.2 For 2003 only, the floating holidays set forth in Section 15.1 above may be taken at any iime during the contract year, subject to the approval of the Department Head of any Empioyee. For 2004, floating holidays have been incorporated in to the vacarion schedule. 14.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee must be employed as of the date of the holiday and have paid hours on the payroll for that pay period. The amount of holiday tnne eamed shail be based npon the number of non-holiday hours paid during that • pay period (see proration charts in Salary Plan and Rates of Compensation). For the purpose of this section, non-holiday hours paid includes hours actually worked, vacation time, compensatory time, paid leave and sick leave. It is further understood that neither temporary, emergency nor other Employees not heretofore eligible shall receive holiday pay. 14.4 Major holidays, for the purpose of this Section, shall include the following: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Chrishnas Day. Minor holidays, for the purpose of this Secrion, shall inctude the foIlowing: Martin Luther King Day, Presidents' Day, Veterans' Day, and the Day after Thanksgiving. An Employee working a major holiday as defined herein shall receive rime and one-half (1.5) his/her regular rate of pay for all work performed on such holiday, and an Employee working a minor holiday as defined herein shall receive straight time for such hoIiday work, it being understood that aIl payments for holiday work sha12 be in addition to regulaz holiday pay. Begining with the 2003 Veterans' Day holiday, all holidays listed in this article 14.4 shall be considered as major holidays. ARTICLE 15 - INSURANCE 15.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by the Employer shall be solely controlled by the contracts negotiated by Yhe Empioyer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by the benefit providers. However, the Employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. � 12 03��� ARTICLE 15 - INSURANCE (Continued) �.2 Effective for the January, 2003 insurance premiums, for each eligible employee covered by this a� who is employed full-time and who selects single employee health insurance coverage provided by the Employer, the Employer agrees to contribute $259.72 [amount of 2002 single premium] per month plus any increase in the 2003 single heatth insurance premium up to 545.00 per month. If the 2003 single health insurance premium increase is over forty-five (�45.00) dollars, the Employer will contribute 50% of the amount over forty-five ($45.00) dollars. For each eligible full-time employee who selects family health insurance coverage, the Employer will contribute $473.63 [amount of the 2002 fanuly contriburion] per month plus 65°/a of the family premium increase in 2003 up to $'71.50 per month. If the 2003 family premium increase exceeds $ i 10.00, the City will pay 40% of the excess increase per month. The increase in the contributions will be based on the average premiums (single and family). Effective for the January, 2004 insurance premiums, for each eligible employee covered by this agreement who is employed full-time and who selects single employee health insurance coverage provided by the Employer, the Employer agrees to contribute an amount equal to the average of the 2004 single insurance premiums. For each eligible full-time employee who selects family health insurance coverage, the Empioyer will contribute $SSa.24 [amount of the 2003 family contribution) per month pius 65% of the family � premium increase in 2003 up to $71.50 per month. If the 2004 family premium increase exceeds � 11 Q.00, the City will pay 40% of the excess increase per month. The increase in the contributions will be based on the average premiums (single and family). 153 For each eligible Employee in 2003, the Employer agrees to contribute the cost of Life Insurance Coverage equal to the Employee's annual salary to the neazest fuli thousand dollazs. For the purpose of this section, the Bmployee's annual salary shall be based on the salary as of the beginning of each life insurance contract period (i.e., one time per year). For each eligible employee in 2004, the Employer agrees to contribute the cost of Life Fnsurance in the amount of $50,000. This contribution shall be paid to the City's Group Health and Welfaze Plan. Retiree Insurance 15.4 Empioyees who retire must meet the following conditions at the time of retirement in order to be eligible for the Employer contributions, listed in Sections I5.5 through 15.15 below, toward a health insurance plan offered by the Employer: 15.4(1) Be receiving benefits from a pubiic Employee retirement act at the time of retirement, and � 15.4(2) Have severed his/her relationslup with the City of Saint Paul for reasons other than misconduct, and 13 o��� ARTICLE 15 - INSURANCE (Continued) 15.4(3) Have completed at least 20 yeazs service (or 15 yeazs if receiving a disability pension) � with the City of St. Paul. Employment with School District #625 will not be counted _ toward the yeazs of s�rvice requirement for Empioyees hired after Ol/Ol/97 for purposes of retiree health eligibility. Early Retirees 15.5 This Section shail apply to fuli time Employees who: 15.5(i) Retire on or after January i, 1996, and 15.5(2) Were appointed on or before December 31, 1995, and 15.5(3) Have not attained age 65 at retirement, and i 5S(4) Meet the terms set forth in Section 15.4 above, and 15.5�5��—Select a_heaith �n�� b�the Emglo�er. Untii such Employees reach sixty-five (65) yeazs of age, the Employer agrees that for retirees selecting singie coverage, the Employer will provide the same coatribution as is provided for active Employees selecring single coverage under this Agreement. This amount, however, shali not exceed $350.00 per month. For Employees selecting family health insurance coverage, the Employer will contribute $350.00 per month towazd the premium for family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. In addition, the Employer will contribute th� cost for $5,000 life insurance until the retiree attains the age of 65. When such eazly retiree attains age 65, the provisions of Section 15.7 shall appIy. 15.6 This Section shall apply to full time Employees who: 15.6(1) 15.6(2) 15.6(3) 15.6(4) 15.6{5) Retire on or a$er 7anuary 1, 1996, and Were appointed on or after January 1, 1996, and Have not attained age 65 at retirement, and Meet the conditions set forth in Secrion 15.4 above, and Select a health insurance plan offered by the Employer. Untii such retirees reach sixty-five (65) years of age, the Employer agrees to con�ibute a maximum of $300.00 per month towazd the cost of single or family heaIth insurance coverage. Any unused portion shall not be paid to the retiree. In addition, the Employer will contribute the cost for $5,000 life insurance until the retiree attains the age of 65. When such early retiree attains age 65, the provisions of Section 15.8 shall apply. Upon such retiree reaching the age of sixty-five (65), such Employer contributions toward such early retiree coverages shall terminate. The Emptoyer will also contribute the cost for $5,000 of life insurance coverage for such early retiree until Yhe eariy retiree reaches age sixty-five (65), at which time the life insurance coverage shall terminate. . 14 ARTICLE 15 - INSURANCE (Continued) Regular Retirees (Age 65 and over} f5.7 This Section shall apply to full time Employees who: iF� 3 15.7(1) Retire on or after January 1, 1996, and 15.7(2j Were appointed on or before January 1,1996, and 15.7(3) Have attained age 65 at retirement, and 15.7(4) Meet the terms set forth in Section 15.4 above, and 15.7(5) Select a health insurance plan offered by the Employer. �3-i�� The Employer agrees to contribute a m�imum of $550.00 per month toward the premium for single or family health insurance coverage offered by the Employer to regulaz retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Section shal] also apply to eazly retirees who retired under the provisions of Section 15.5 when such early retirees attain age 65. This Seciion shall apply to full time Employees who: 15.8(i) 15.8(2) 15.8(3) � 15.8(4) 15.8(5) Retire on or after January 1, 1996, and Were appointed on or after January 1, 1996, and Have attained age 65 at retirement, and Meet the terms set forth in Sections 15.4 above, and Select a health insurance plan offered by the Employer. The Employer agrees to contribute a maximum of $300.00 per month towards the cost of single or family health insurance coverage offered to regular retirees and theu dependents. Any unused portion shal] not be paid to the retiree. This Section shall also apply to early retired under the provisions of Section 15.6 when such eazly retirees attain age 65. 15.9 If an employee does not meet the condition of Section 15.4(3), but does safisfy the condi6ons in 15.4(1) and (2), he/she may purchase single or family health insurance coverage through the Empioyer's insurance program. The total cost of such insurance coverage shall be paid by the retiree. 15.10 A retiree may not carry his/her spouse as a dependent if such spouse is aiso a City retiree or City Employee and eligible for and is enrolled in the City's health insurance program. 15.11 Any cost of any premium for any City-offered Employee or family insurance coverage in excess of the doilaz amounts stated in this Article 15 shall be paid by the Employee. 15.12 The contributions indicated in this Article shall be paid to the Employer's Third Pariy Administrator. � 15 D���y ARTICLE 15 - INSURANCE (Continued) 15.13 The Employer will provide a system whereby the Employee's contriburion towazd premiums for the • Employee selected health insurance coverages can be paid on a pre-ta.z basis. Employees covered by this Agreement will be eligible to participate in th;; Fle�ble Spending Acconnt as offered by the Employer. The service fee chazged to participating Employees shall be paid by the Employer. 1514 Employees covered by this Ageement shall be eligible to particigate in the Dependent Caze Reimbursement Account offered by the Employer. The service fee chazged to participating Employees shall be paid by the Employer. Survivor Insurance 15.15 The surviving spouse of an Employee cazrying family coverage at the time of his/her death due to a job connected injury or illness which was determined to have arisen out of and in the course of �uplQyttient t�nder-warke�s somg iinueiabe_eligible�or Gity _ � contribution in the same proportions as is provided for retired Employees. In the event of the death of an eazly retiree or a regulaz retiree, the dependents of the retiree shall have the option, within thirty (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the premium and Empioyer conUriburion accorded to the eligible deceased retiree. It is further understood that coverage shall cease in the event of • 15.15(1) Subsequent remarriage of the surviving spouse of the deceased Employee or retiree. 15.15(2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. ARTICLE 16 - CITY MILEAGE 16.1 Automobile Reimbursement Authorized: Chapter 33 of the Saint Paul Administrative code shall be superceded for members of this bazgaining unit by this article. 16.2 Method of Computation: To be eligible for such reimbursement, aIl officers and Employees must receive written authorization from the Deparknent Head. When an employee is required to use his/her personal automobile to conduct authorized City business, the City shall reirnburse the employee at the then current Federal I.R.S. mileage reimbursement rate on the most direct route. I63 The City wi21 provide pazking at the RiverCentre Pazking Ramp for City Employees on the above mentioned type of reimbursement plan who aze required to have their personal car available for Ciry business. Such pazking will be provided only for the days the Empioyee is required to have his or � her own persona] car available as authorized by the Department Head. �� ARTICLE 17 - SEVERANCE PAY �3-1 � y �.1 The Employer shall provide three (3) severance pay plans as set forth in this Articie. The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. ll 490. This severance pay program shali be sub;ect to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this Article conflict with said ordinance and in such cases, the provisions of this Article shall control. 17.2 � Eligibility. Plan 1. Any Employee hired on or before December 31, 1984, may, upon meering the qualifications of this Article or City Ordinazice No. 11490, as amended by City Ordinance No. 16303, Section 1, Section 6, draw severance pay under the terms of any of the three severance pians described in this articIe. Plan 2. Any Employee hired after December 31, 1984, but on or before December 31, 1989 is eligible to participate only in Plan 2 or Plan 3 as set forth in this article. Plan 3. Any employee hired on or after January 1, 1990, is eligibie to participate only in Plan 3 as set forth in this article. The election by the Employee to draw severance pay under one of the plans for which s/he is eligible shall be made. at the time of sepazation of service. Such election shall be irrevocable and the election of one of the plans shall bar the employee from eligibiliry to receive benefits under any of the other severance plans. 17.3 Plan 1. Plan 1 is the severance pay plan described in Ordinance No. 11490, as amended by Ordinance No. 16303. 17.4 Plan 2. In addition to the eligibility requirements set forth in 17.2 above, an employee must meet the foilowing requirements to receive a benefit under Plan 2: � 17.4.1 The Employee must be 58 yeazs of age or older or must be eligible for pension under the "rule of 85" or "rule of 90" provisions of the Public Employees Retirement Association (PERA). 17.4.2 The Employee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement. Those Employees who are dischazged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. For the purpose of this severance program, a death of an Employee shall be considered as sepazation of employment, and if the Employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the Employee's estate or spouse. For the purpose of this severance prograni, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 17.43 The Employee must have at least ten (10) yeazs of service under the classified or unclassified Civil Service at the time of separation. 17 ��i� y ARTICLE 17 - SEVERANCE PAY (Continued) 17.4.4 The Employee must file a waiver of re-employment with the D'uector of Human Resources, which will clearly indicate that by requesting severance pay, the Employee waives all claims � to reinstatement or re-empioyment (of any type), with th� City or with Independent School District No. 625. 17.4.5 The Employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of hislher separation from service. 17.4.6 If an Employee requests severance pay, and if the Employee meets the eligibility requirements set forth above, he or she wili be granted severance pay in an amount equal to one-half of the daily rate of pay for the position heid by the Employee on the daYe of sepazation for each day of accrued sick leave subject to a maximum of $6,500. 17.5 Plan 3 In addition to the eligibility requirements set forth in 17.2 above, an Employee must meet the to receive a benefit under Plan 3: 17.5.1 The Employee must be voluntarily sepazated from City employment or have been subject to sepazation by layoff or compulsory retirement. Those Employees who aze discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the City severance pay program. For the purpose of this severance program, a death of an Employee shall be considered as separarion of employment, and if the Employee would have met all of the requirements set forth above, at the time of his or her death, � payment of the severance pay shall be made to the Employee's estate or spouse. For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separarion of employment, and such transferee shall not be eligble for the City severance program. 17.5.2 The Employee must file a waiver of re-employment with the Human Resource Director, which will clearly indicate that by requesting severance pay, the Employee waives all clanns to reinstatement or re-employment (of any type), with the City or with Independent School District No. 625. 17.53 The Employee must have an accumulated balance of at least eighty (80) days of sick leave credits at tt�e time of his separation from service. 17.5.4 If an Employee requests severance pay and if the Employee meets the eligibility requirements set forth above, he or she will be ganted severance pay in an amount equal to one-half of the daily rate of pay for the posirion held by the Employee on the date of separation for each day of accrued sick leave subject to a ma�cimum as shown below based on the number of yeazs of service in the City. � m ARTICLE 17 - SEVERANCE PAY (Continued) p3 l �� � Years of Service with the Cit}� Mazimum Severance Pay At Least 20 $ 5,000 21 6,000 22 7,000 23 8,000 24 9,000 25 10,000 17.6 For any employee who is eligible to receive severance from the Ciry under this Article, the City will contribute the fa22 amount of their severance payment to a post-employment healYh plan. ARTICLE 18 - WORKING OUT OF CLASSIFICATION 18.1 Any Employee working an out-of-class assignment for a period in excess of fifteen (15) working days during any fiscal year (of the Employer) shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth day of such assignment. For purposes of this article, an out-of-class assignment is defined as the full-time performance o£ all of the significant duties and responsibilities of a classification by an individual in another classification. For the purpose of this article, the rate of pay for an out-of-class assignment shall be the same rate the Employee would receive if he was promoted to the higher classification. �RTICLE 19 - SICK LEAVE AND PARENTAL LEAVE 19.1 Sick leave shall be eamed and ganted in accordance with the Civil Service Rules. 19.2 In the case of a serious illness or disability of an Employee's child, pazent, or household member, the head of the department shail grant leave with pay in order for the Employee to caze for or make arrangements for the care of such sick or disabled persons. Such paid leave shall be drawn from the Employee's accumulated sick leave credits. Use of such sick leave shall be limited to 40 hours per incident. 193 Any Employee who has accumulated sick leave credits, as provided in the Civil Service Rules, may be granted one day of sick leave to attend the funeral of the Employee's grandpazent or grandchild. 19.4 If an Employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he/she may convert any part of such excess to vacation at the rate of one-half day's vacation for each day of sick leave credit. No Empioyee may convert more than ten (10} days of sick leave in each calendar yeaz under this provision. 19.5 Parental Leave. Pregnant Employees of the City of Saint Paul shall be eligible for the use of paid sick leave and unpaid leave of absence in the same manner as any other disabled or ill City Employee. Such paid sick leave eligibility shall begin upon certification by the Employee's attending � physician that the Employee is disabled in terms of her ability to perform the duties of her position. iL] o,��� y ARTICLE 19 - SICK LEAVE AND PARENTAL LEAVE (Continued) A twelve (12) month Pazental ieave of absence without pay shall be ganted to a natural parent or an� adoptive parent, who requests such leave in conjunction with the birth or adoption of a child. Such leave may be extended an addirional twelve (12) months by mutual Agreement between the Empioyee and the Employer. Refusal on the part of the Employer to grant an extension of such leave shall not be subject to the provisions of Article 6 of this Agreement. Employees who return foliowing such leaves of absence shall be placed in a posirion of equivalent salary and tenure as the one heid just prior to the beginning of their leave. 19.6 Leave for School Conferences: An Employee shall be granted up to a total of sixteen (16) hours during a school year to attend conferences or classroom activities related to the Employee's child, nrovi_ded the conference or classr_oomactivifies_cannot be scheduled duringnon—work hours.�?hen _ the leave cannot be scheduled during non-work hours, and the need for the leave is foreseeable, the Employee must provide reasonable prior notice of the leave and make a reasonabie effort to schedule the leave so as not to unduly disrupt the operarions of the Employer. An Employee shall be allowed to use vacation or compensatory time for this leave; othenvise, this leave shall be without pay. 19.7 Voluntary Unpaid Leave of Absence: Effective upon the date of the signing ofthis Agreement, a full-time Employee may be granted a voluntary leave of absence without pay for up to 480 hours per fiscal year. During such leave of absence, the Employee shall continue to earn and to accrue vacation and sick leave, seniority credits, and shall maintain insurance eligibility as though he or she • was on the payroll. Any leave of absence ganted under this provision is subject to the approval of the Department Head. 19.8 Jur}' Duty Any employee who is required during his/her regular working hours to appeaz in court as a juror or wimess, except as a witness in the employee's own behalf against the Employer, shatl be paid his/her regular pay while so engaged. Any fees that the employee may receive from the court for such service shall be paid to the City and be deposited with the Employer. Any employee who is scheduled to work a shift, other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as he/she is required to appear in court as a juror or witness. ARTICLE 20 - NO STRIKE, NO LOCKOUT 20.1 The Association and the Employer agree that there shall be no strikes, work stoppages, slow downs, sit-down, stay in, or other considered interference with the Employers' business or affairs by the Association ancUor the members thereof, and there shall be no bannering during the existence of this Ageement without first using all possible means of peaceful settlement of any controversy that may arise. ARTICLE 21 - RIGHT TO SUBCONTRACT 21.1 The Employer may at anytime during the duration of this Agreement contract out work done by the � Employees covered by this Agreement. In the event that such contracting would result in reduction of the work force covered by this Agreement, the Employer shall give the Associarion a ninety (90) catendaz day notice of the intention to subcontract. 20 03-��'� ARTICLE 22 - DEFERRED COMPENSATION � i Employees who have completed ten (10) yeazs of service shall have $440.00 for Deferred Compensation paid by the Employer on a dollar for dollar match. 22.2 Employees who have completed twenty (20) yeazs of service shall have $640.00 for Deferred Compensation paid by the Employer on a dollaz for dollu match. 22.3 For each yeaz of the contract the employee will have the full amount of the contriburions made by the paycheck closest to October 1 of the plan year. For each yeaz of the contract the Employer wiil match contributions by the last payday of November of the pian year. ARTICLE 23 - WAGE SCAEDULE GRADB OlU 481 DISPATCI3ER 12/28l02 12/27/03 � 12(28/02 12/27/03 A (1) 23.53 23.62 GRADE 02U A (1) 23.68 23.77 GRADE 04U 137 CUSTODIAN ENGINEER (PUBLIC SAFETY BLTII,DING) 12/28/02 12/27/03 � A B �i) �2) 23.72 24.61 23.81 24.71 21 D� i� y ARTICLE 23 - WAGE SCHEDULE (Continued) GRADE 06U 123A CUSTODIAL SUPERVISOR--CIVIC CENTER 12/28/02 12/27/03 A (1) 21.85 21.94 GRADE OSU 212A NIGHT CIISTODIAL SUPERVISOR-CC 12/28/02 12/27/03 A (1) 18.40 18.47 GRADE 030 A B (i} (2} 12/28/02 1664.63 1709.48 12/27/03 1671.29 1716.32 GRADE 033 304A MARINA SERVICES SUPERVISOR A B �1) �2) 12/28/02 1819.03 1869.94 12/27/03 1826,31 1877.42 GRADE 034 A B �1) (2) 12/28/02 1861.53 1913.84 12/27/03 1868.98 1921.50 � � �, U 22 ARTICLE 23 - WAGE SCHEDULE (Continued} � GRADE 035 338A SEIVIOR ZOO KEEPER 12/28/02 12/27/03 A (1) 1891.85 1899.42 B �2) 1942.79 1950.56 GRADE 036 597A 208 591A 368 416 172A 525A 528 532 536 � 12/28/02 12/27/03 A (1) 1973.69 1981.58 B t2) 2027.24 203535 FORESTRY SUPERVISOR I GOLF COURSE SUPERINTENDENT PARK MAINTENANCE SUPERVISOR I PUBLIC WORKS SUPERVISOR I SEWER SUPERVISOR I TRAFFIC MAINTENANCE SUPERVISOR I WATER MAINTENANCE SUPERVISOR WATER SERVICE SUPERVISOR WATERSHED SLTPERVISOR I ZOO SUPERVISOR .:•� � 12/28/02 12/27/03 � A (1) 1981.02 1988.94 B �2) 2034.65 2042.79 b3 /�� 23 � �-�� y ARTICLE 23 - WAGE SCHEDLTLE (Continued) . � 268A 230A 369 809 560 964 194 542 354 12/28/02 12l27/03 (1) 2083.28 2091.61 �2) 2143.08 2151.65 BRIDGE MAINTENANCE SUPERVISOR I METER OPERATIONS SUPERVISOR PUBLIC WORKS SUPERVLSOR II SEWER SUPERVISOR II SUPERVISOR QF GARBAGE COLLECTION VEHICLE MECHANIC SUPERVISOR I WATER UTILTTY MAINS SUPERVISOR WATERSHED SUPERVISOR II ANINIAL CONTROL SUPERVLSOR GRADE 039 173 EQUIPMENT MAINTENANCE SUPERVISOR 12/28/02 12/27/03 A (1) 2136.61 2145.16 B �2) 2196.40 2205.19 ..:��_ �'6 103 FORESTRY SUPERVISOR II 592A PARK MAINTENANCE SUPERVISOR II 620 TRAFFIC MA]NTENANCE SUPERVISOR II 394A VEHICLE MECHANIC SUPERVISOR II 557A WATER PLANf PRODUCTION SUPERVLSOR 12/28/02 12/27/03 A ��) 2205.45 2214.27 B �2) 2272.70 2281.79 � � � 24 ARTICLE 23 - WAGE SCHEDITLE (Continued) � ��`� � GRADE 041 269A BRIDGE MAINTENANCE SUPERVISOR II 233A BUII.D MAINTENANCE SUPERVISOR-LIBRARIES 622 PUBLIC WORKS SUPERVISOR III 623 SEWER SUPERVISOR III A B �I) �2) 12l28(02 2272.70 2337.51 12/27/03 2281.79 2346.86 A B �I) �2) 12/28l02 2401.04 2470.77 12/27/03 2410.64 2480.65 n LJ A B (1) (2) 12/28(02 2474.56 2548.06 12/27/03 2484.46 2558.25 A B (1) �2) 12/28l02 2549.29 2625.32 12/27/03 2559.49 2635.82 � GRADE 043 079 BUII,DING NIAINTENANCE SUPERVISOR--FIRE DEPT . � �, 624 PUBLIC WORKS FIELD SUPERVISOR . � �. , 680 BUII,DING MAINTENANCE SUPERVISOR--PARKS & REC 25 ARTICLE 24 - TERMS OF AGREEMENT p � y �1 This Agreement shall be effective as of January 1, 2003, and shall continue in effect through December 31, 2004. This Agreement shall remain in effect and full force until modified or amended by mutual agreement of the parties. 24.2 It is understood that this settlement shall be recommended by the Director of Labor Relations, but is subject to approval by the City Council. 243 The Employer and the Association aclrnowledged that during the meeting and negotiating which resulted in ttris Agreement, each had the right and opportunity to make proposals with respect to any subject conceming the terms and conditions of employment. The Agreements and understandings reached by the parties after the exercise of this right aze fully and completely set forth in this Agreement. Any and all prior Agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this Agreement aze hereby superseded. 24.4 The 2003 salary schedule shall be retroactive to 1/1/03 [closest pay period 12/28/02] for all employees including empioyees who retired after that date, but excluding employees who resigned ar were terminated for cause. CITY OF SAINT PAUL . ) `� . , 1 ��, �----- Terry tiner Labor Relations Manager 2�� U 3 Date L Il�il�I.��l�'I:lil�uT/�rlil:\���7 �/V���VC�J SUPERVISORS ASSOCIATION . ♦ William Peter I President �- g �,� Date � �3 -1 �'� u� u•- . u • � . _- �� � BETWEEN THE CITY OF SAtNT PAIIL 8s THE SAINT PAIIL MANUAL & MAINTENANCE SIIPERVISORS ASSOCIATION The City of Saint Paui and the Saint Paul Manual & Maintenance Supervisors Association agree to the following: ARTICLE 19.1 Wor�ng out of Classification, states; Any Employee worfcing an out-of-class assignment for a period in excess of fiffeen (�5) woricing days during any fiscal year (of the Emp/oye� shall receive the rate of pay for the out-of-class assignment in a higher c/ass�cation not later than the sixfeenfh day of such assignment • • The language states that an employee holding an out-of-ciassification position in excess of fifteen (15} wor�ng days will receive the rate of gay for the out-of-c2assification position. It is understood, that individual Departments have established different practices regarding where in the fifreen days the out-of-classification pay begins. The Departments will continue to exercise their individual discretion regarding the day to initiate the out-of-ciass�cation rate of pay, as long as it begins on, or before, the sixteenth (16j day. . WITNESSES: FOR THE CITY �r- � Joe Reid Budget Direaor DATE: �' � � � SAINT PALTL MANUAL 8s MAINTENANCE SLTPERVISORS ASSOCIATIO � MHce Millu Presidrnt DATE: 9 � / / 27 OFFICE OF LABOR RELATfONS Xarherine L Meg�ry, Directos D31t� y CTTY OF SAII�IT PAUL Norm Caleman, Mayor Mr. Dan Palumbo President, SPMMSA PO Box 17275 St. Paul, MN 55117 Mr. Ron Rollins Legal Counsei, SPMMSA 310 Groveland Ave. So. Mpls., MN 55410 Dear Dan and Ron: LABOR REL.4770NS 400 Ciry Hal1 Annex 15 Wese Fmvth Street Saira Paul, Mnmesora 55102-1631 7une I5, 2001 Telephone: 657- 266-6496 Facsimife: 6s7- 266-6495 �s letter confirms our understanding made at the 2001-2002 round of bazgaining regarding On Call Pay. Article 1].7 of the col]ective bargaining agreement between the City and the SPMMSA makes it deaz that employees may decline to carry city cell phones, pagers or beepers during non-working hours. The contract alsa indicates that, should the Ciry begin directing employees to carry cell phones, pagers or beepers during non-working hours, the Ciry and the SPMMSA must establish a premium for such duty. It is the Ciry's understanding that, currently, these are no SPMMSA employees being required to carry phones/pagers/beepers during non-working hours. As such, no premiums have been negotiated. There are a number of employees who voluntarily carry phones/pagers/beepers during non-working hours, and/or answer their own home telephone as they are able. When such employees aze actually called back to work, they aze compensated according to the Call Back provisions of the contract. While management retains the right to discuss issues of availability with an individual employee, it is understood that non-exempt staff who do not voluntarily answer the phone should not be disciplined in any way for that decision. Sincerely, ����'V`- ' '' �� Kathenne L. Me �� � � Labor Relations Director �Negoriations file 28