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03-185Council File # 03 " I� Green Sheet # 204188 RESOLUTION CITY OF SAINT PAUL, MINNESOTA $ Presented Referred To Committee Date 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 January 1, 2003 through December 31, 2004 Collective Bazgaining Agreement the City of Saint Paul and 3 the Tri-Council I,ocal 120, Loca149 and Local 132. Requested by Deparhnent of Office of I,abor Relarions ������1� Mayor: Dat�'° �,;]`� � — BY� ��. ��L�.�` � Adopted by Council: Date �j��% S�UQ3 Adoprion C�rtified by Council Secretary _ DEPAR7'MENT/0FF10E/COUNCiL: DATE LNITIATED O��� L��O � LABOR REL.4TIONS February 18, 2003 GREEN SHEET No.: 204188 CQNTACC PERSON & PHONE: ,.+,_ 71vinAUnATE INrf7aWa7'E NLIE KRAUS 266-6513 `� ASSIGN 1 DEPARTMENT DIIt TH 4 CITY COUNCII. NpMgER 2 CIS'Y ATTORNEY ,�L CT1Y CLERK MUSi BE ON OUNCII. AGENDA BY (DATE) FOR BUDGEf DIIZ. FM. & MGT. SERVICE DIR ROUTING 3 MAYOR (OR ASST.) � � ( � ? ORDER f�7 J TOTAL N OF SIGR'ATURE PAGES_1 (CLIP ALL LOCATIONS FOR SIGNANRE) ACTION REQUESTED: This resolution approves the attached January 1, 2003 through December 31, 2004 Collective Bazgaining . Agreement between the City of Saint Paul and the Tri-Council Local 120, Loca149 and Loca1132. RECOMMENDATIONS: Appmve (A) or Rejec[ (R) PERSONAL SERViCE CONTRACCS MUST ANSWER TfIE FQLLOWING QUESTIONS: PLANNING COMMISSION _CNII, SERVICE COMMISSION l. Hu ihis person/firm ever worked under a contract for fiis depamnrnt? � CID COMMITTEE Yu No STAFF 2. Has this personlfirm ever been a city employee? DISTRICT COURT Yes No � SUPPORTS WHICH COLJNCIL OBJECTNE? 3. Does this person/firm possess a skill not nottnally possessed by any wmnt city employee? Yes No � Explain all yes answers on separate sheet and attac6 to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, W6ay WAen, Wherq Why): ' The current Agreement expired December 31, 2fl02. ' ADVANTAGESIFAPPROVED: , An agreement in place through December 31, 2004. This agreement has been rarified by the union members. DISADVANTAGES IF APPROVED: None � DISADVANTAGES IF NOT APPROVED: No agreement in place - labor unrest. TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: AGTYVITY NUMBER: FAANCIAL INFORMATION: (EXPLAIN) � ATTACHMENT TO THE GREEN SHEET COLLECTIVE BARGAINING AGREEMENT WITH THE TRI-COUNCIL Below is a summary of the changes in the Collective Bargaining Agreement between the City of Saint Paul and the Tri-Councii (I,oca149, Local 120, Local 132). Duration: 7anuary 1, 2003 through December 31, 2004. Wages: 7anuary 1, 2003: January 1, 2004: 2.7% increase* 0.4% increase Health Insurance: The insurance contribution increase follows the same pattern as previously negotiated agreements with other bargaining units for 2003 and are the same as negotiated in the joint union negotiation session for 2004. 2003 Single: Family: 2004 Single: Family: $259.72 per month + plus any increase in the 2003 single premium up to $45 per month. If the single premium increase is over $45, the Employer will contribute 50% of the amount over $45. (Total: $308.15) $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 $11 Q the City will pay 40% of the excess increase per month. (Total: $554.24) An amount equal to the average of the 2004 single insurance premiums. $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 $110, the City will pay 40°l0 of the excess increase per month. Deferred Compensation: * Contributions far employees with ten years of service were increased from $400/year to $600/year. Contributions far employees with twenty years of service were increased from $600/year to $800/year. Costed at 0.3% against wages. Costs: 2003 2004 Wages $398,63332 $ 60,651.32 Health Ins. $253,977.60 $(actual uuicnown at this time) Total: $652,610.92 $ + insurance costs u. ,�:: - � � � , � � - . : 03`-1 �S` � :� � � _� . . �_ - . � _ :iP�NUARY 1, �2003 - DEC�MBER �3 2904 . ; .: , - _ . � � _ � � - . � � � � COLLE�TiVE��ARGAIN�iG�A�REEMENT � � � � � � . , ' BET�'�E�V . = � � _ - � �-. � � ° � � � � , ��� CITY Q�' S�i�1T P�L1L �. _ - �_ _ ._ � _ ._ _ A�vD>° - ` :` _ �HE TR� C�UNCIL , ; - ` 12fl - i�O�AL 49_= AND.LOCr�i.132 _ -_ _. _- - - _. - -__ - 1 -_ _ .:� ��� _ - � �` - � � � � �_ � 4 � ARTICLE INDEX TITLE �3��� PAGE Principles....................................................................1 1 Recognition ..................................................................2 2 Maintenance of Standazds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 LTnion Rigi�ts .................................................................3 4 Payroll Deduction .............................................................3 5 ManagementRights ............................................................3 6 Safety .......................................................................4 7 Discipline Procedures ..........................................................5 8 Hours, Overtime, Snowplowing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Insurance ....................................................................7 10 Employee Rights-Grievance Procedure ............................................11 11 12 13 14 �15 16 17 18 19 20 21 22 23 24 Appendix A Appendix B Appendix C Appendix D Appendix E � Seniority....................................................................13 Vacation....................................................................15 Holidays....................................................................15 Jury Duty ...................................................................17 SeverancePay ...............................................................17 Wages......................................................................19 Savings Clause ...............................................................19 Jurisdiction..................................................................20 SickLeave ..................................................................20 ParentalLeave ...............................................................21 LegalServices ...............................................................21 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Deferred Compensation ........................................................22 TermsofA� ..........................................................22 Wage Schedules, Premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Al Temporary Employees Wage Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B 1 Driver Operator Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cl General Policies Regarding Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dl General Policies Regazding Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . El I PRINCIPLES �3.a� � This Agreement is entered into to facilitate the adjustment of grievances and disputes between the Employer and Employees to provide, insofaz as possible, for the continuous employment of labor and to establish necessary procedures for the amicable adjustment of all disputes which may arise beriveen the Employer and the Union. T`he Employer and the Union encourage the hi�est possible degree of practical, friendly, cooperarive relationships between their respective representatives at all levels. The officials of the Employer and the Union realize that this goal depends primarily on cooperative attitudes between people in their respective organizations and at all levels of responsibility, and that proper attitudes must be based on full understanding of and regazd for the respective rights and responsibilities of both the Employer and the Employees. There shall be no discrimination against any employee by reason of creed, sex, disability, or Union membership. The Employer and the Union affirm their joint opposition to any discriminatory practices in connection � ith employment, promotion, or training, remembering that the pubiic interest remains in full utilization of employees skill and ability without regard to consideration ofnational origin, age, sex or disability. � -1- � ARTICLE 1- RECOGNITION � 1.1 The Employer recognizes the Union as the sole and exclusive collective bargaining agency for all employees that have been certified by the State of Minnesota, Case No. 73-PR-427-A, as follows: Q 3.� S5 All employees of the City of Saint Paul in ffie classifications of Asphalt Plant Operator, Assistant Gardener, Assistant Golf Course Superintendent„ Bridge Crew Leader, Bridge Maintenance Worker, �`Driver-Operator, Driver-Operator--Water Utility, Forestry Crew I.eader, Garden Lahorer, Gardener, Golf Ranger, Grounds Crew Leader, *Groundsworker, �Grovndsworker--Water Utility, Heavy Equipment Operator, Heavy Equipment Operator--Sewer Utility, Heavy Equipment Operator--Water Utility, Jet Sewer Cleaner Operator, Labor Crew Leader, Lead Gazdener, Modified Duty Worker�tores I.aborer, Modified Duty Worker - Water Utility Worker II, Modified Duty Worker - Grounds Crew Leader, Parks Worker I, Parks Worker I- Operation/Como Campus, Pazks Worker II, Pazks Worker IQ, Revolving Power Equipment Operator, Sewer Crew Leader, Sewer Services Worker, Stores I,aborer, Street Services Worker, *Tractor Operator I, Tree Worker, *Unskilled Izborer, Utility Aide, Water Service Worker--Control Desk, Water System Worker I, Water System Worker II, Water Utility Worker I, and Water Utility Worker II who work more than 14 hours per week and more than 100 work days per year, excluding Supervisory, Confidential, temporary, emergency, and employees exciusively represented by other ]abor or employee organizations. The parties agree that any new classifications which are an expansion of the above bazgaining unit or which derive from the ciassifications set forth in this Agreement shali be recogniaed as a part of this bargaining unit, and the parties shail take all steps required under the Public Employment Relauons Act � to accomplish said objective. 1.2 The Empioyer agrees not to enter into any contractually binding agreements with any employee or representative not authorized to act on behalf of the Union. There shall be no individual agreements with any employees that conflict with the terms of this Agreement, and any such agreement or contract shall be null and void. 1.3 The Employer agrees to give the Union the right to supply fifly percent (50%) of all new qualified referrais for work as temporary employees. ARTICLE Z- MAINTENANCE OF STANDARDS 21 The parties agree that ail conditions of employment relating to wages, hours of work, overtime differentials, vacations and ali other general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Sezvice Rules of the City of Saint Paul and the 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. G -2- ARTICLE 3 - UNION RIGHTS 3.1 The Union may designate employees from within the bargaining unit to act as Stewazds and shall infom� � ihe Employer in writing of such designations. Such employees shalt have the rights and responsibilities as designated in Article 10 (GRIEVANCE PROCEDURE). There shall be no more than one Steward from each local involved in any one speci&c grievance. 32 There shall be no deduction ofpay from Stewazds when directly involved in meetings with management during working hours for grievance procedures. 3.3 Designated Union Representarives shall be permitted to visit employees on job sites and at deparhnent buildings during working time. ARTICLE 4 - PAYROLL DEDUCTION 4.1 The Employer shall, upon request of any employee in the unit, deduct such sum as the mon may specify for the purpose of initiation fees and dues to the Union, pmviding the Union uses its best efforts to assess such deductions in as nearly uniform and standard amounts as is possible. The Employer shall remit monthty such deduction to the appropriate designated Union. 4.2 In accordance with M.S.A. 179.65, Subd. 2, the Empioyer agees that upon notification by the Union, the Employer shall deduct a fair share fee from all certified emgloyees who are not members of the exclusive representative. In no instance shall the required contn�bution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationshig to negoriations anc� administration of grievance procedures. 4.3 The Union authorizes deduction of forty dollars ($40.00) bi-weekly, from employees who are members of Laborer's Local #132 who already have pension credits in tiie Union's Pension Fund and choose to participate in the Union's Pension Fund. The Employer will forwazd this to the IJnion's Pension Fund. The Union is to provide the Employer a list of eiigible members. 4,4 The Employer will contribute $.15/hour for each employee covered by this agreement to the Laborers' Intemationai Union of North America, National (Industrial) Pension Fund. 4.5 The Union will indemnify, defend and hold the Employer harmless against any claims made and against any suits instituted against the Employer, its officers or employees, by reason of negligence of the Union in requesting or receiving deductions under this ArticIe. The Employer will indemnify, defend and hold the Union hannless against any claims made and against any suits insrituted against the Union, its o�cers or employees by reason of negligence on the part of the Employer in maldng or forwazding deductions under this Article. ARTICLE 5 - MANAGEMENT RIGHTS 5.1 The Union recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the Employer has not officially abridged, delegated, or modified by tYris Ageement are retaine� by the Employer. -3- _ ARTICLE 5 - MANAGEMENT RIGHTS (Continued) D � 5.2 A public Employer is not required to meet and negotiate on matters of inherent managerial policy, which include but are not limited to, such azeas of discrerion of policy as the functions and progams of the Employer, its overall budget, utilization of technoIogy, and organizationai sh�ucture and selection and direction and number of personnel. ARTICLE 6 - SAFETY 6.1 Accident and injury free operations shall be the goal of all Empioyers and employees. To this end the Employer and employee will, to the best of their ability, abide by and live up to the requirements of the several State and Federal Construction Safety Codes and Regulations. 6.2 To this end the Employer shall from time to time issue rules or notices to his empioyees regazding on the job safety requirements. Any employee violating such rules or notices shall be sub}ect to disciplinary action. No employee may be discharged for refusing to work under unsafe conditions. 63 Such safery equipment as required by govemmental regulation, shail be prov7ded without cost to the employee. At the Empioyer's option, the employees may be required to sign for safety equipment and shali be obligated to return same upon discharge, layoff, quit or other temuna6on in comparable condition as when assued, providing reasonable wear and tear. The Employer sha21 have the right to withhold the cost of such safety equipment if not returned. �.4 The Employer agees to pay $75.00 per calendaz yeaz towazd the purchase of one pair of safety shoes by an employee who is a member of this unit. The Employer shall contribute towazd the purchase of one pair of shoes per calendaz yeaz and shall not be responsible for any additional cost for that year. Employees may carry over, up to a total of $150.00 for the purchase of shoes. Reimbursement shall be made only after investigation and approval by the immediate supervisor of the employee. This contribution shall apply only to employees who are required by the Employer to wear protective shoes or boots. In addition to the regular safety shoe reimbursement, employees who wear Kevlar boots as part of their regulaz job duties wiil receive an additional $25.00 per calendar year for the purchase of Kevlaz safety boots. Such employees will be ailowed to cazry over, up to a total of $200,00 for the purchase of Keviar safety boots. The Empioyer will determine who is eligible for this additional reimbursement. 6.5 The City shall fumish uniforms at no cost to the employees who work in the Sewer Division of the Public Warks Department. 6.6 The Water Utility wiil provide at iYs expense an initial uniform to employees required to weaz a uniform. Effective January 1, 2000 the Water Urility wiil reimburse these employees up to $175.00 annually per calendaz year beginning the year after the employee's initial issue. Employees must present receipts to be reimbursed. � -a- ARTICLE 7 - DISCIPLINE PROCEDURES 7.1 The Employer will discipline employees for just cause only. Discipline will be in the form of: � A. Oral reprimand; B. Written reprimand; C. Suspension; D. Reduction; E. Discharge. 7.2 Suspensions, reductions and dischazges will be in written form. 7.3 A notice in writing of suspensions, reducrions and dischazges shall be sent to the employee and the Union within seventy-two (72} hours after such action is taken. 7.4 Dischazges will be preceded by a five (5) working day preliminary suspension without pay. During said pen'od; ftie gussl and_ sh,____�__ all be enritled to a meeting with the Employer representative who initiated the suspension with intent to discliarge: Durmg s�d �ve�war�g �ay— period, the Employer may affirm the suspension and dischazge in accordance with Civil Service Rules or may modify, or withdraw same. 7.5 Grievance relaring to this Article shall be processed in accordance with tfie grievance procedwe under Articie 10. ARTICLE 8- HOURS, OVERTIME, SNOWPLOWING � 8.1 The normaI work day shali be eight (8) consecutive hours per day, excIuding a thirty (30} minute lunch period, except for employees assigned to the 4/40 shift where the normal work day sha11 be ten (10) consecutive hours per day, excluding a tivrty (30) minute lunch period. The normal work week shall be five (5) consecutive normal work days in any seven (7) day period except for employees assigned to the 4/40 shift where the normal work week shall be four consecutive ten (10} hour work days in any seven (7) dayperiod. (For employees on a shift basis this shall be construed to mean an average of forty hours a week.) 8.2 Except in cases of amergencies, the Emptoyer shall notify the affected employees of an intention to change a shift at least 24 hours prior to the beginning of the new shift. 83 Empioyees shall report to work location as assigned by a designated Employer supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the Employer. Management shall provide transportafion or allow travel time within normal working hours to the new work location. 8.4 Call-in-Pay. When an employee is called to work helshe shatl receive iwo hours pay if not put to work. If he/she is called to work and commences work, he/she shall be guazanteed four siraight time hours pay. A person scheduled to work on a weekend solely to operate the showmobile shall be eligible for tYus � calt-in pay. -$- p3-1� ; ARTICLE 8- HOURS, OVERTIME, SNOWPLOWING (Continued) � 8.5 Overtime. Time on the payroll in excess of the normal hours set forth above shail be "overtime work" and shall be done only by order of the head of the department. An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a tirae and one-half basis or by being paid on a time and one-half basis for such overtime work. Employee may express a written preference for the method of overtime payment, however, the basis on which such overtime shall be paid shall be detemuned solely by the Employer. The time and one-half overtime rate shall be based on the total rate, including any premium pay, being earned during the overtime hours worked. 8.6 The two (2) work breaks shall not exceed fifteen (15) minutes from the time the employee stops working until he/she resumes work, and shall be taken in close proximity of the empioyee's work station. 8.7 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than one-half hour before the beginning of such work day. Failure to make such norification may be grounds for discipline. F:�:3 � The following will be the procedure for filiing snowplowing or sanding needs. A. All listed categories of City employees will be offered one shift before any receive a second shift. B. For purposes of a declared snow emergency, both the night and day phases shall be considered shifts falling on the date of the day phase. Personnel shall be assigned to one of the two phases in the priority order shown below provided that no overtime shift results. C. In the event that overtime shifts are needed to fill any assigunent, overtime shifts shall be offered in the same priority order. D. Order to be called. 1. Regu]ar full-time Driver Operators, Heavy Equipment Operators, "Bid Driver" assignees and Street Service Workers on normally scheduled shifts. 2. Driver Qperators, Heauy Equipment Operators and "Bid Driver" assignees on layoff. 3. Street Services Workers on layoff. 4. Sewer Services Workers. 5. Jet Sewer Cleaner Operators and Heauy Equipment Operators — Sewer Utility. 6. Bridge Maintenance Workers. 7. Crew Leaders. 8. Other permanent Tri-Council members. 9. All other qualified Public Works volunteers on normaily scheduled shifts. 10. Qualified temporary Tri-Council members. 8.9 Employer shall avoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) consecutive working days during a year shail re�eive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16) day of such assignment. For purposes of this Article, an out-of-ciass assignment is defined as an assignment of an empioyee to perform, on a fuli-time basis, all of the significant duties and responsibilities of a position different from the employee's regular position, and which is in a classification higher than the classification held by such employee. The � rate of pay for an approved out-of-class assignment shall be the same rate the employee would receive if such employee received a regular appointment to the higher classification. -6- ARTICLE 9 - INSURANCE Active Employee Insurance 9.1 The insurance plans, premiums for coverages aad benefits contained in the insurance plans offered by the Employer shall be solely conuolled by the contracts negotiated by the Employer and the benefit providers. The Employer wiIl aitempt to prevent any changes in the benefits offered by the benefit providers. However, the employees selecting the offered pIans agree to accept any changes in benefits which a specific provider implements. IRS rules and regulations shall govern Yhe Employer provided health and welfaze benefit progam. � 9.2 Effective for the January, 2003 insurance premiums, for each eligible empioyee covered by this agreement who is employed full-time and who selects employee health insurance coverage provided by the Employer, the Employer agrees to contdbute$259.72 [amount of 2002 single premiucnj per month _ plus any increase in the 20Q3 single health insurance premium up to $45.00 per month. If the 2003 single health ucsurance premium in 9A) dollazs the Emnloyer will contribute 50°fo of the amount over forry-five ($45.00) dollazs. For each eligible fu11-time employee who selects family health insurance coverage, the EmpIoyer will contribute �455.78 [amount of the 2002 family contribution] per month plus 65% of the 2003 family health insurance premium increase per month. Tfthe 2003 family premium increase exceeds $ l I0.00, the City wil] pay 40% of the excess increase per month. 9.3 Effective far the January, 20014 insurance premiums, for each eligible employee covered by this � agreement who is employed fuil-rime and who seIects single empIoyee health insurance coverage provided by the Employer, the Employer agrees to contribute an amount equal Yo the average of the 2004 single insurance premiums. For each eligible full-rime employee who setects family health insurance coverage, the Employer will contribute $53639 [amount of the 2003 family contribution] per month plus 65% of the family premium increase in 2004 up to $ 71.50 per month. If tlte 2004 family premium increase exceeds $ I 10.00, the Employer will contribute 40% of the excess increase per month. 9.4 The increase in the contributions will be based on the average premiurns (single and family). 9.5 For the pxupose of this Article, full-time employment is defined as appearing on the payroll aY least 32 hours per week or at least 64 hours per pay period excIuding overtime hours. 9.6 For each eligible employee covered by ttris Agreement who is employed hatf-time who selects empioyee insurance coverage, the Employer agees to contribute fifty percent (50%) of the amount contributed for fuil-time emptoyees selecting employee coverage in the same insurance pian. For each half-time employee who selects family insurance coverage, the Employer will contri6ute fifty percent (50%) of the amount contributed for full-time employees selecting family coverage ia the same iusurance plan. For the purpose of this Article, half-time employment is defined as appearing on the payroll at least 20 hours but less than 32 hours per week or at leasi 40 hours but less than 64 hours per pay period excluding overtime hours. An empioyee wiII be considered half-iime oniy if such employee is assigned to a � position which is regularly assigned half-lime hours. -7- p3-►85 . ARTICLE 9 - INSURANCE (Continued) .9.7 For each eligible employee the Employer agrees to contribute the cost of $15,000 of life insurance coverage. RerireeInsurance 9.8 Employees who retire must meet the following conditions at the time of retirement in order to be eligible for the Employer contributions, listed in Sections 9.10 and 9.11 below, toward a health insurance plan offered by the Employer: A. Be receiving benefits from a public employee retirement act at the time of retirement, and B. Have severed his/her relationship with the City of Saint Paul for reasons other than misconduct, and C. Have compieted at least 20 years with the City of Saint Paul, and a. If an employee takes a leave of absence to serve as a full-time union official, ume served in such capacity, up to six yeazs will be applied toward meering this 20 year requirement. b. If an employee serves in that capaciry for more than six yeazs, the additional time may be purchased upon retum to City service for $300.00 per month and applied to this 20 yeaz reguirement. D. W ere hired prior to 3anuary 1, 1996. Early Retirees �.19 This Section shall apply to fuli time employees who: A. Retire on or after 7anuary 1, 1996, and B. Were appointed on or before December 3l, 1995, and C. Have not attained age 65 at retirement, and D. Meet the terms set forth in Section 9.9 above, and E. Select a health insurance plan offered by the Empioyer Until such employees reach sixty-five (65) yeazs of age, the Empioyer agrees that for retirees selecting single coverage, the Employer wiil provide the same contribution as is provided for active employees selecting single coverage under this agreement. This amount, however, shall not exceed $350 per month. For employees selecting family health insurance coverage, the Employer will contribute $350 per month toward the premium for family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. When such early reriree attains age 65, the provisions of Section 9.11 will apply. � -8- ARTICLE 9 - INSURANCE (Continued) Regular Retirees (Age 65 and over) 9.1Q 'I'his Section sha12 apply to futl tune employees who: A. Retire on or after 7anuary 1, 1996, and B. Were appointed on or before December 31, 1995, and C. Have attained age 65 at retirement, and D. Meet the terms set forth in Section 9.9 above, and E. Select a health insurance plan offered by the Employer The Employer agrees to contribute a mar,imum of $550.00 per moath toward the premium for single or family health insurance coverage offered by fhe Employer fo regulaz retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Section shall also apply to early retirees who retired under the such rerirees attain age 65. � 9.11 A retiree's pazticipation in the Cit}�s health insurance plan must be continuous. If a retiree chooses not to participate at the time of his/her retirement or if a retiree discontinues his/her participaiion, such reriree will not be eligible for a�y future participarion or for any Employer contriburion. 9.12 In the event of the death of a retiree who was hired on or after May 1,1992 and who is participating in the City's health insurance program, the surviving spouse or dependent of the deceased may coniinue to� participate in the City's health insurance ptau at their/her own cost. EIigibi2ity to continue to participate shaIl terminate when such spouse or dependent remarries or becomes eIigible for group health insurance through any employer. Survivor Insurance 913 The surviving spouse of an employee canying 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 his/her employment under worker's compensa6on law shatl continue to be eligible for city contribution in the same proportions as is provided for retired empIoyees. In the event of the death of an early retiree or a regular retiree, the dependents of the retiree shall have the option, within thirty (30) days, to continue tke current hospitalization and medical benefiYs which said dependents previously had, at the premium and Employer contribution accorded to the eligible deceased retiree. It is further understood that coverage shall cease in the event of A. Subsequent rematriage of the surviving spouse of the deceased employee or retiree. B. The employment of the surviving spouse or dependent where health insurance is obtained through a group pmgram pmvided 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 ( days of said employment. -9- ' ARTICLE 9 - INSURANCE (Continued) �3,1$5 = 9.14 A retiree may not cazry his/her spouse as a dependent if such spouse is also a City retiree or City Employee and eligible for and is enrolied in the City health insurance program. � Seasonal Layoff 9.15 For each eligible employee covered by this Agreement who is employed full-fime and who selects health insurance coverage provided by the Employer, and who is placed on seasonal layoff, the Employer shall, for up to five months of layoff, continue its contribution towards the cost of single or family health insurance premium, regardless of whether or not such employee has worked the appropriate hours within the qualifying pay period. Article 9.15 shail not apply to emgloyees in the fitle of Parks Worker II or Water Utility Aide. Miscellaneous 9.16 Pagers may be issued to Street Services Workers who are placed on seasonal layoff and are receiving the seasonal health insurance benefit as provided in Articie 4.16. Laid off employees who are issued pagers will be expected to respond to pages from the employer. 9.17 The contributions indicated 'vn this Article 9 shal] be paid to the Employer's Group Health and Weifare Plan. 9.18 Any cost of any premium for any City-offered Employee or family insurance coverage in excess of the � dollar amounts stated in this Article 9 shall be paid by the Employee. 9.19 Any Employee having ten ar more years of service with the Emgloyer who becomes ili or injured so as to be unable to continue working and has exhausted ail hislher sick leave and vacation shall be eligible for City paid health and welfare benefits for a maximum of three years. 9.20 The Employer will provide a system whereby the employee's contribution toward the premiums for the employee selected health insurance coverages will be paid on a pre-tas basis. Employees covered by this Agreement will be eligible to participate in the Flexible Spending Account and the Dependent Care Reimbursement Account as offered by the Employer. The service fee charged to participating employees in either of these Accounts shall be paid by the Employer. 9.21 Any employee who is receiving benefits under the terms of this contraet and instead of layoff takes a voluntary reducrion to Park Aide, to continue working during the winter, shall continue to receive the benefits available to his/her permanent ritle. 9.22 All Season Fu11 Time Park Aide: A. The Parks Department will identify the mimber of All Season Full Time Pazk Aide positions needed for full time employment by 5eptember of each year. The Department will choose first: � 1. Laid off Parks Workers who take a reduction to Park Aide; then if necessary 2. Laid off Pazks Worker Iis who take a reduction to Park Aide; then if necessary 3. Park Aides designated All Season Full Time Pazk Aide; then if necessary 4. Qualified Pazk Aides by Seniority. -10- ARTICLE 9 - INSURANCE (Coatinued) B. Any Pazk Aide who accepts full time winter employment (All Season Full Time Pazk Aide) by the Parks Department, will be eligible for single health insurance coverage as provided in � Articles 9.1 through 9.5 of this contract beginning in January following the offer of winter emptoyment and continuing for a11 consecutive months worked as an All Season Full Time Park Aide. 9.23 The provisions of this Article 9 shal] not apply to employees in the titles of Golf Ranger, Pazk Aide, and Park Worker I. ARTICLE 10 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE I0.1 The Employer shall recognize stewazds seIected in accordance with Union rules and regulafions as the grievance representative of the bargainuig unit. The Union shall notify the Employer in writing of the names of the stewar s an o tl��i�su�cessors �+hihP�scrnaa3ed. 10.2 It is recognized and accepted by the EmpIoyer and the Union that the processing of gievances as hereinafter provided is limited by the job duties and responsibiliries of the empIoyees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibitities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 10.3 The procedure established by this Article shall be the sole and exclusive procedure for the grocessing of� grievances, which aze defined as an alIeged violation of the terms and conditions of this Agreement. 10.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to wriring and referred to SYep 2 by the i7nion. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or with the use of reasonable diligence should have had knowledge of the fust occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendaz days after receiving the written grievance a designated Employer supervisor shall meeY with the Unioa Siewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall repIy in writing to the Union within three (3} calendaz days foliowing this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendaz days following receipt of the Employer's written answer. Any grievance not referred in wri� by the Union within seven (� calendar days foIlocving receipt of the Employer's answer shalI be considered waived. -11- � A,RTICLE 10 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continued) �, t 8� -- Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or his . designated representative and attempt to resolve the grievance. Within seven (7) calendaz days following this meeting the Empioyer shall reply in writing to the t3nion stating the Employer's answer conceming the grievance. If, as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred to in writing by the Union to Step 4 within seven ('� calendaz days foliowing receipt of the Employer's answer shall be considered waived. Optional Mediation 1) If the gzievance has not been satisfactorily resolved at Step 3, the Union may, within ten (10) calendaz days, request mediation. If Management agrees 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. Grievance mediation shail be completed within thirry (30) ca]endaz days of the assignment. 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 grievance mediation is invoked, the contractual time lunit for moving the grievance to azbitration shall be delayed for the period of inediation. 3) The grievance mediation process shall be informal. Rules of evidence shall not apply, 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 recommendation for settlement. Either party may request ihatthe mediator assess how an azbitratar might rule in this case. 5) The o evant shall be present at the grievance proceeding. If the grievance is resolved, the grievant shall sign a statement agreeing to accept the outcome. Unless the parties agree otherwise, the outcome sha11 not be precedentiai. 6) If the grievance is not resolved and is subsequently moved to azbitration, such proceeding shail be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resolution or offers of settlement may be used or refened to during arbitration. Step 4. The arbitrarion proceedings shall be conducted by an azbitrator to be seiected from a permanent panel of five (5) arbitrators. Arbitrators sha11 be selected by lot within twenty (20) work days after notice has been given. The petmanent panel of arbitrators shall be mutually ageed to by the Employer and the Union no later than sixty (60) days after the signing of this Agreement. In the event the Employer and the i3nion have not agreed to five (5) arbitrators for the permanent panel, the parties will petition the Director of the Bureau of Mediation Services � for a list of seven (7) arUitrators. The parties shall altemate3y strike names from such list(s), the Employer striking first, until one (1) name remains. -12- ARTICLE 10 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continued) 10.5 The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The azbitrator shall consider and deci@e only the specific issue submitted � in writing by the Employer and the Union and shatl have no authority to make a decision on any other issue not so submitted. The azbitrator shal] be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the apptications of taws, rutes, or regulations having the force and effect of law. The azbitrator's decision shall be submitted in writing within tturty (30) days following close 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 based solely on the azbitrator's interpretation or application of the express terms of this Ageement and to the facts of the grievance presented. The decision of the arbitrator shall be final aad binding on the Employer, the Union, and the employees. 10.6 The fees and eacpenses for the arbitrator's services and pmceedings sha11 be bome equally by the Emn over an e�f��rrn�orovided-tlt°• �°^�- h?1_bssssnonsible for comoensatinQ its own representaTives and witnesses. If either party desues a verbarim record such a record to be made, providing it pays for the record. 10.7 Tke time limits in each step of this procedure may be extended by mutuat agreement of the Employer and the Union. 10.8 It is understood by the Union and the Employer that a grievance may be determined by either the grievance procedure of this contract or by the provisions of the Civil Service Rules of the City of Saint Paul. If an issue is determine@ by this grievance procedure iY shall not again be submitted for arbitratio� under the CiviI Service Rules. If an issue is determined by the provisions of the Civil Service Rules it shall not again be submitted for arbitration under this grievance procedure. ARTICLE 11- SENIORITY i l.l Seniority, for the purpose of ttus Agreement, shall be defined as follows: A. "City Seniority" - The length of continuous, regular and probationary service with the Employer from the date of exnployment in any and all class titles. B. "Class Seniority" - The tength of continuous, regular and Probationary service with the Employer from the date an employee was fust certified and appointed to a class title covered by this Agreement, it being further understood that class seniority is confined to the current class assignment held by an emp2oyee. For Employees with duai tiiles, class seniority will be defined as the class title assignment for the day assigned and wiIi continue to be that ciass title until the next regular assigned shi8. During a declared emergency when the assigned shift is finished, those who hold dual tifles, such as Heavy Equipment Operator and TTriver Operator, will zevert to the lower title in order of their seniority in that title. � -13- p3 .�g5 : ARTICLE 11 - SENIORITY (Continued) C. If an employee requests reverse seniority for the winter season he/she will be placed at the ' bottom of the seniority list. An employee's request must be submitted by October 15 of each yeaz. All empioyees who have opted for reverse seniority will be retumed to their original senioriry on the call back list when the weaffier allows the employer to begin normal spring/summer operations, or on April 1 of the following year, whichever comes first. Parks Workers or Grounds Workers opting for reverse seniority will be placed at the bottom of the combined Parks Worker/Grounds Worker seniority list during the lay off-period. 2. Driver-Operators, Bid Drivers or Public Works Laborers opting for reverse seniority will be placed at the bottom of the Street Services Worker winter call in seniority list after any Street Services Worker has opted for reverse seniority. 11.2 Senioriry shail terminate when an employee retires, resigns, or is discharged, 11.3 A. In the event it is determined by the Employer that it is necessary to reduce the work force, employees will be laid off by class title within each division based on inverse length of "Ciass Seniority." Recall from layoff shall be inverse order of layoff, except that recall rights shall expire after two years of layoff. B. In cases where there aze promotional series, such as t3nskiiled Laborer, Crew Leader, etc., when � the number of employees in these higher titles is to be reduced, emp]oyees who have held lower titles which aze in this bargaining unit will be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs aze made by any class title in any department. C. It is further understood that a laid off employee shail have the right to placement in any lower-paid class title in this bazgaining unit, provided said employee has been previousiy certified and appointed in said lower-paid ciass title. In such cases, the employee shall first be placed on a reinstatement register and shall have "Class Seniority" based on the date originally certified and appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, return to original class as provided in pazagraph (A) above. D. The provisions of Appendix C shall appiy to the classification of Driver Operator. 11.4 To the extent possibie, vacadon periods shall be assigned on the basis of "Class Seniority", within each class, by division. It is, however, understood that vacation assigunents shall be subject to the ability of the Employer to maintain operations. 1I.5 � 11.6 Promotions shall be handled in accordance with current Civil Service Rules and practices. Iiowever, the W ater Utility may promote and assign a member of a rotating emergency or night crew holding the secondary title of Water Service Worker-Control Desk to a temporary Water Service Worker-Control Desk vacancy on his assigned crew without reference to his seniority in that zitle. Regular permanent promotions will continue to be made in order of seniority in title. When a seniority list is being used to call in employees for overtime, once the list is exhausted, the empioyer shall order employees, in reverse order of seniority, to report Yo work. -14- ARTICLE 12 - VACATION 12.1 Vacation credits shail accumulate at the rates shown below for each full hour on the payroll, excluding � overtime. Years of Service lst yearthiu 4th year Sth yeaz thru 9th yeaz l Oth year thru 15th year 16th yearthr¢ 23rd year 24th yeaz and thereafter Hours of Vacation .0385 (10 days) .0616 (16 days) .0731 (19 days) .0885 (23 days) .1000 (26 days) 12.2 The head of the department may pemut an employee to cazry over one hvndred and twenty (120) hours of vacation into the following "vacation yeaz". For the purpose of tfiis article the "vacation yeaz" (IItS payroll reporting year). 12.3 The above provisions of vacation shaII be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I(one), Subsection H. 12.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty (180) days, he/she may convert any part of such excess at the rate of two (2) days of sick leave for one (1) day of vacation up to a maximum of five (5) days of vacation. 12S The maYimum number of days' vacation allowed by the conversion of sick leave credits shall be no mor than five days on any one yeaz so that with the maximum vacation time which may be taken in any one � yeaz (including carry over aliowed from previous vacation year) shall be forry-six days including the regular vacation period. 12.6 The provisions of this Article 12 shall not apply to employees working in the titles of Golf Ranger, or Park Aide, or Park Worker I. ARTICLE 13 - HOLIDAYS 13.1 The following twelve (12) days shall be designated as holidays: New Year's Day, 7anuary 1 Martin Luther King Day, third Monday in January Presidents' Day, ttiird Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 Two floating holidays � -15- 03'� � . ARTICLE 13 - HOLIDAYS (Continued) � Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. When New Yeaz's Day, Independence Day, Veterans' Day or Chrishnas Day falls on a Sunday, the following Monday shali be considered the designated holiday. When any of these four (4) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. For those employees assigned to a work week other than Monday through Friday, the holiday shall be observed on the calendaz date of the holiday. 13.2 The floating holidays set forth in Section 13.1 above may be taken at any time during the fiscal year, subject to the approval of the Department Head of any smployee. 13.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee's name must appeaz on the payroll the last working day before the holiday and on tlaree other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary, emergency nor other empioyees not heretofore eligible shall receive holiday pay. 13.4 The ten (10) holidays shall be considered non-work days. 13.5 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 8.4 (Call-in-Pay). � 3.6 If an employee entitied to a holiday is required to work on Martin Luther King Day, President's Day, Day After Thanksgiving or Veterans' Day, he(she shall be granted another day offwith pay in lieu thereof as soon thereafter as the convenience of the depariment permits, or the employee shall be paid on a straight time basis for such hours worked, in addition to his/her regular holiday pay. If an employee entitled to a holiday is required to work on New Yeu's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, helshe shall be recompensed for work done on this day by being ganted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such hours worked, in additaon to his/ller regulaz holiday pay: Effective May 1,1998 if an employee entitled to a holiday is required to work on Martin Luther King Day or Veterans' Day helshe shall be recompensed for work done on this day by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such hours worked, in addition to his/her regulaz holiday pay. Effective April 1, 2000 if an employee entitled to a holiday is required to work on Presidents' Day or the Day After Thanksgiving helsha shail be recompensed for work done on this day by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such hours worked, in addition to his(her regular holiday pay. Eligibility for Holiday pay shall be determined in accordance with Section I, Subsection I of the Saint Paul Salary Plan and Rate of Compensation. 7 The provisions ofthis Article 13 shall not apply to employees working in the rities of GolfRanger, Park Aide, and Park Worker I. -16- ARTICLE 14 - NRY DUTY 14.1 Any employee who is required during his/her regular worldng hours to appear in caurt as a juror or � witness, except as a witness in the employee's own behalf against the Employer, shall be paid his/her regular pay while so engaged. Any fees that the employee may receive from the court for such service shail be paid to the City and be deposited with the City Finance Director. Any empIoyee who is scheduled to work a shift, other than the normal daytime shift, shall be rescheduled to work the normai daytime shift during such time as he/sfie is required to appeaz in court as a juror or witness. ARTICLE 15 - SEVERANCE PAY 15.1 The Employer shall provide a severance pay program as set forth in this Article. an employee must meet the following requirements: A. The employee must be 58 years of age or older ar must be eligible for pension under the "rule of 90" or the "rule of 85" provisions of the Public Employees Retirement Association (PERA). The "rute of 90" criteria sha11 also apply to employees covered by a pubfic pension pian other than PERA. B. The employee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement Those employees who aze dischazged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the � Ciry severance pay program. C. The employee must have at least ten (10} yeazs of consecutive service under the classified or unclassified Civil Service at the tnne of separafiion. D. The employee must file a waiver of reemployment with the D'uector of Human Resources, which will clearty indicate that by requesting severance pay, the employee waives all claims to reinstatement or reempIoyment (of any type), with the City. E. The employee must have accumulated a minimum of sixty (60} days of sick leave credits at the time of ]ris/her separation from service. 153 If an employee requests severance pay and if the employee meets the eligibility requuements set forth above, he or she wili be granted severance pay in an amount equal to one-half of the daily raYe of pay for the position held by the employee on the date of separation for each day of acerued sick leave subject to a maacttnum of $6,500. 15.4 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 Yhe requirements set forth above, at the time of his or her death, payment of the severance pay will be made to the employee's estate or spouse. 15.5 The manner of payment of such severance pay shall be made in accordance with the provisions of Ci� Ordinance No. 11440. -17- p 3 �85 ARTICLE 15 - SEVERANCE PAY (Continued) � 15.6 This severance pay program shail be subject to and govemed 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 tlus article shall control. 15.7 The provisions of this article shall be effective as of May 31, 1984. 15.8 Any emp]oyee hired prior to May 31, 1984 may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section l, section 6, draw severance pay. However, an elecrion by the employee to draw severance pay under either this article or the ordinance shall constitute a bar to receiving severance pay &om the other. 15.9 For employees appointed to a titie covered by ttus Agreement on or after May 1,1489, the Employer shall provide only the severance pay program as set forth in 15.10 through 15.14. 15.14 To be eligible for the severance pay program, an employee must meet the following requirements: A. The employee must be voluntarily sepazated from City employment or have been subject to sepazation 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 sevcrance pay program. ' B. The employee must file a waiver of reemployment with the D'uector of Human Resources, which � wili clearly indicate that by requesting severance pay, the employee waives ati claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. C. The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of his/her separation from service. 15.11 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-haif of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a m�imum as shown below based on the number of years of service in the City. Years of Service with the City At Least 20 21 22 23 24 25 Maxunum Severance Pay $ 5,000 6,000 7,000 8,000 9,000 10,000 � 12 For the purpose of this severance program, a death of an employee shall be considered as separation of empioyment, and if the employee would have met all of the requirement set forth above, at the time of his or her death, payment of the severance pay shali be made to the employee's estate or spouse. -18- ARTICLE 15 - SEVERANCE PAY (Continued) 15.13 Tke manner of payment of such severauce pay shaIl be made ia accordance with the provisions of City � Ordinance No. 11490. 25.14 This severance payprograzn shall be subject to and governed by tfie provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in sxech cases, the provisions of this article shall control, I5.15 Notwithstanding Article 15.9, employees appoinYed prior to May 1,1489 to a title covered by this agreement who meet the quatifications as defined in articles I5.10 and 15.11 may elect to draw severance pay under the provisions of 15.11. However, an election by an employee to draw severance pay under article Z 5.11 shall constitute a bar to drawing severance pay under any other provision set forth in this Agreement. 15.26 Employees appointed on o�er �T�89 a EiEle eeve��-t�y. xhis_a�ement shall not be eligible for any severance pay provisions other than the provisions as set forth in article 15.9 thru 15.14. 15.I7 Time with School District 625 sha11 not be used to qualify for the benefits in this Article for empIoyees hired after January 1, 1997. ARTICLE 16 - WAGES 16.1 The basic hourly wage rates as established by Appendix A shall ba paid for al1 hours worked by � provisional, regulaz and probationary employees. 16.2 The basic hourly wage rates in Appendix A reflect the following increases: Effective payroit period ciosest to January 1, 2003 2.7% increase* Effective payroll period closest to January 1, 2004 0.4% increase *At the time of this increase, wages will be decreased by $.IS/hour to be contributed to a supplemental pension plan as per Art. 4.4. ARTICLE 17 - SAVINGS CLAUSE 17.1 This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Saint Paul. In the event any provision of ttris Agreement shall hold to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken wifhin the time provided, such provision shall be voided. All other provisions shall continue in full force and effect � -19- p3,�8� : ARTICLE 18 - JURISDICTION � 18.1 Disputes conceming work jurisdiction between and among Unions is recognized as an appropriate subject for determination by the various L3nions representing employees of the Employer. 18.2 In the event of a dispute conceming ihe performance or assignment of work, the Unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shali zestrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 183 Any employee refizsing to perform work assigned by the Employer shall be subject to disciplinary action as provided in Article 7(Disciplinary Procedures). 1&.4 There shail be no work stoppage, slow down, or any disruption of work resulting from a work assignment. 18.5 The subcontracting of wark done by the employees covered by this Agreement shail in ali cases be made only to Employers who qualify in accordance with Ordinance No. 14013. ARTICLE 19 - SICK LEAVE 19.1 Sick leave shall be earned and granted in accordance with the Civil Service Rules. The accrual rate foi eligible employees shail be .0576 of a working hour fox each full hour on the payroll, excluding � overtime. Sick leave without pay may be granted in accordance with the provisions of Section 20H of the Civil Service Rules for a period up to but not ta exceed tt�ree yeazs. 19.2 In the case of a serious iilness or disability of an employee's child, parent or household member, the head of the department shall grant leave with pay in order for the employee to care for or make arrangements for the care of such sick or disabled persons. Such paid ]eave shali be drawn from the employee's accumulated sick leave credits. Use of such sick leave shali 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 grandparent or grandchild. 19.4 Pregnant emp3oyees of the City of Saint Paul shall be eligible for the use of paid sick 3eave and unpaid leave of absence in the same manner as any other disabled or ili 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. 19.5 The head of the Department or the Human Resources Director may require a physician's certificate or additional certificates at any time during an employee's use of sick leave for the purQoses stated in 19.2 above. All such certi5cates sha11 be forwazded by the appointing officer to the Human Resources Office. If an employee is absent because of the provisions of Article 19.2 above for three or fewer calendaz days he/she shali submit to the head of the Department a certificate signed by the employee stating the nature • of the child, parent or household member's sickness. If the sickness continues for more than three calendar days, no further sick leave shall be granted unless or until a physician is consulted. The sick leave may be continued from and include the day of consultation, but only if a certificate signed by the physician certifying to the nature and period of 4he person's sickness is submitted and approved by the head of the department and forwarded to the Human Resources Office. -zo- ARTICLE 19 - SICK LEAVE (Continued) 19.6 No sick leave shali be granted for the above reasons uniess the empioyee reports to his/her department head the necessiry for the absence not later than one-half hour before hislher regularly scheduled time to � report for work, unless he/she can show to the satisfac6on of the department head that the fai2ure to report was excusable. 19.7 An employee shali be paid under the provisions of tivs paragaph only for the number of days or hours for which he/she woutd normally have heen paid if he/she had not been on sick leave. 19.8 The provisions of this Article 19 shall not apply to employees working in the ritles of Golf Ranger, ar Park Aide, or Pazk Worker I. - PARENTAL LEAVE 20.1 Maternity Leave. Matemity is defrned as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of cluldbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an emp2oyee's pregnancy, the employee may apply for leave without pay at any rime during the period stated above and the EmpIoyer may approve such leave at its option, and such leave may be no longer than one (1) year. 20.2 School Conference Leave. An employee shaIl be granted up to a total of sixteen (16) hours during a school yeaz to attend schooI conferences or classroom activities related to the employee's child, provided� the conferences or classroom activities cannot be scheduled during non-work hours. When the leave cannot be scheduled during non-work hours and the need for the leave is foreseeable, ttie employee must provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the Empioyer. An empioyee shall be allowed to use vacation or compensatory rime for this leave; otherwise, this leave shall be without pay. ARTICLE 21- LEGAL SERVICES 22.1 Except in cases ofmalfeasance in office or willful or wanton negtect of duty, the Employer sha11 defend, save hannless and indemnify an employee, and/or }us/her estate, against any claun or demand, whether goundless or atherwise, arising out of an alleged act or omission ia the performance and scope of the employee's duties. ARTICLE 22 - STRIKES, LOCKOUTS, WORK INTERFERENCE 22.1 The Unions and the Employers agree that there shall be no srtrikes, work stoppages, slow-downs, sit down, stay-in, or other concerted interference with the Employer's business or affairs by any of said Unions andlor the members thereof, and there shall be no bannering during the existence of this Agreement without first using a21 possibte means of peace£ut settlement of any controversy which may arise. � -21- �3,�a5 ARTICLE 23 - DEFERRED COMPENSATION � 23.1 Employees who have compieted ten (10) through nineteen (19} years of service with the City of Saint Paul and who meet the eligibility requirements listed below shall be eligible for $600 per yeaz for Defeaed Compensation paid by the Employer on a dollar for dollar match. 23.2 Employees who have completed twenty (20) years of service with the City of Saint Paul and who meet the eligibility requirements listed below shall be eligible for $800.Q0 ger yeaz for Deferred Compensation paid by the Employer on a dollar for dollaz match. 23.3 The employer will match contributions by the last pay date of November of the plan year for those on the payroll at the date of payment. 23.4 Eligibility Requirements: A. B. C. D. E. F. G. • ARTICLE 24 - TERMS OF AGREEMENT Eligibility will be deternuned in July of the plan year. Employees cannot have been on lay off in the previous 12 months. Eligible employees who experience a lay off must re-qualify through A and B above. Employees must have been in Tri-Council effective 1/1 of the plan year. Qualifying yeazs of service (determined by date of hire) must have been attained by 1!1 of the plan year. Park Aides, Park Worker I, and Golf Rangers are ineligible. If an employee takes a leave of absence to serve as a full-time union official, time served in such capacity, up to six years, will be counted towards the years of service requirement. 24.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject conceming the terms and conditions of emgloyment. 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 regularions regarding the terms and conditions of employment to the extent they are inconsistent with ttns Agreement aze hereby superseded. In those azeas where Civil Service Rules aze not inconsistent with this Agreement, the Civil Service Ru]es shall continue to be in effect. 24.2 Except as herein provided this Agreement shall be effective as of the date it is executed by the parties and shall continue in full force and effect thru December 31, 200�3, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify this Agreement shali notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. 24.3 This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator but is subject to the approval of the Administration of ffie City, the City Council and is aiso subject to ratification by the Unions. � -22- ARTICLE 24 - TERMS OF AGREEMENT (Continued) WIT'NESSES: �TI'Y OF SAINT PAUL BY: � Te altiner Labor Relations Manager TRI-COUNCII, BY: rfu� /%��i`°a�" Business Rep., Local 120 DATE: DATE: 2�) y � 3 d�-�P'i! BY: Business anager, Local 132 DATE: �,-/�-2,a�j BY: �c�l• "< /.6�� Business Rep., Local 132 � � DATE: � �� 2 � 3 BY: tx,� F` �'zb.�G�d-P.� Business Rep., L,ocal 49 DATE: Z - l �-U BY: �� .�r <%�_ Business Manager, Loca149 DATE: -23- �3-t85 APPENDIX A o 3.�s� The houriy wage rates for provisional, regulaz and probationary employees working in the ciasses listed below are as shown: � GROL3P A Effective on the followin dates: 1/1(2003 lfil2004 (or ciosest pay period} (or c]osest pay period) Bridge Crew I,eader 21.66 21.75 Bridge Maintenance Worker 19.86 19.94 Grounds Crew Leader 20.36 20.44 Labor Crew Leader 2036 20.4A Sewer Crew Leader 21.57 21.66 Sewer Services Worker 19.65 19.73 Stores Laborer 19.29 19.37 Street Services Worker 19.29 19.37 *Unskilled Laborer 19.29 19.37 Water Utility Worker I 19.29 19.37 Water Utility Worker II 19.91 19.99 Water System Worker I 19.65 19.73 Water System Worker II 20.87 20.95 Water Service Worker -Controi 20.92 21.00 Desk Golf Ranger First 500 Hours 6.71 6.74 Second 500 Aours 739 7.42 Third 500 Hours 8.02 8.05 Fourth 500+ Hours 8.71 8.74 *This title is abolished except as to present mcumbents. � - Al - Appeudix A (Continued) Utility Aide First 1040 Hours Second 1040 Hours Third 1040 Hours Fourth 1040 Hours Parks Worker I First 500 Hours Second 500 Hours Third 500 Hours Fourth 500+ Hours Parks Worker I - t?peratio Campus I - 499 Hours 500 - 2499 Hours 1500+ Hours Pazks Worker II Firs 1 040 Ho Se cond I040 Hours Third 10 40 Hours Fourth 1040+ Hours Parks Worker III 1/1/2003 (or closest pay period) 10.43 11.49 13.08 14.66 � .� . � � :t � � 12.54 13.08 13.87 14.66 19.29 i/1/2004 (or closest pay period} 10.47 11.54 13.13 14.72 &.42 9.07 9.74 � .� � 12.59 13.I3 13.93 14.72 19.37 � � � -t�2- _ AQpendix A (Confinuedj 1/1/2003 1/1/2004 (or closest pay period) (or closest pay period) , Gazden Laborer Start 17.78 17.85 After Six Months 18.29 18.36 Gardener Start 18.85 18.93 After Six Months 19.25 19.33 I.ead Gardener 20.94 21.02 *Groundsworker � Start 18.17 18.24 After Six Months 18.67 18.74 *Groundsworker - Water Utility Start 18.17 18.24 After Six Months 18.67 18.74 Assistant Golf Course 21.16 21.24 Superintendent Assistant Gardener 13.71 13.76 14.23 14.29 , *This title is abolished except as to present mcumbents. i -�- p3�$5 Appeudix A (Continued) .� . 1/1/2003 {or closest pay period) *Tractor Operator I 19.56 *This title is abolished except as to present incumbents. GROUP C Asphalt Plant Operator Heavy Equipment Operator Heavy Equip. Oper./Water Utility Heavy Equip. Oper./Sew�er Utility Jet Sewer Cleaner Operator Revolving Power Equip Operator 1/1/2003 (o closest pay period) 22.85 22.85 22.85 22.85 22.85 25.74 • • 1' � 1!1/2004 (or closest pay period) 19.64 1/1/2004 (or closest pay period) 22.94 22.9 22.94 22.94 2 2.94 25.84 I/1/2003 I/1/2004 (or closest pay period} (or ctosest pay period) *Driver Operator 19.57 19.65 Driver Operator - Water 19.57 19.65 *This htle abolished except as to present incumbents. GROUP E 1/1/2003 1/1/2004 (or closest pay period) (or closest pay period) Forestry Crew Leader 22.91 23.00 Tree Worker 20.57 20.65 . � . -A4- D $S Appendix A (Continued) . PI2EMIUMS A. Employees required to work eight (8) feet or lower beneath ground shall receive three and one-half percent (3.5%) per hour above the regular base hourly rate for each hour or any part thereof worked in such an assignment. This provision shall not apply to employees working under the titles of Water System Worker I or Water System Worker II. B. A premium pay of fifty-cents ($.50) per hour shall be paid for all swing stage work, such as work performed from a boatswain's chair or a swing scaffold or hazardous work that requires the use of a safety belt fifty (50) feet or more above the ground. All standard safety Iaws shall be complied with. C. Tree Workers assigned to the crew perfomung tree trimming duries in assisting Northem States Power Company shall receive four percent (4%) per hour above the regulaz base rate or any part thereof worked in such an assignment. D. Employees assi�ed the duties of Oiler Operator shall receive six percent (6%) per hour above the regular base rate for each hour or any part thereof worked in such an assignment. E. Street Services Workers, Parks Worker or Water Utility Workers I assigned to perform duties of an *Asphalt Raker shall receive three percent (3%) per hour above the regular base rate for each hour or any part thereof worked in such assignment. �F'. Street Services Workers or Water Utility Workers I assigned to perform duties of an*Tacman/Tamper � shall receive six percent (6°/a) per hour above the regulaz base rate for each hour or any part thereof worked in such assignment. This is in lieu of any ciothing allowance and shall be paid only for hours worked performing such duties. G. Any Parks Worker!*Grounds Worker assigned to operate a 580-D or a rotary grass cutting machine having a cutting width of over 15 feet shall receive $.45 per hour above the regulaz base rate for each hour or any part over one fourth hour actuaily worked in such an assignment. The regulaz operators of the 580-D equipment from previous seasons will be considered first for these assignments. For new openings, the Division wiil post the opening and take the senior qualified candidate. However the Division does not waive its rights to assign premium pay positions to less senior employees if it deems it necessary. This premium does not include reel mowers or 7-gang mowers. H. Pazks Workers or Grounds Workers assigned to an abatement erew on a summary abatement deemed to be hazazdous by the Health Department Inspector and PED sununary abatement supervisor and requiring the use of special protective clothing shall receive $.60 per hour above tl�e regulaz base rate for each hour or any part thereof worked in this assignment. Effective January 1, 1999 upon completion of trauung. I. Street Services Workers, Water t3tility Worker I's, and Pazks Workers assigned to drive tandem trucks, or required to drive lowboy, truck uailer, or show mobile, or Water utility Worker I's at Vadnais . assigned to operate the fann tractors shall receive $.25 per hour above the base rate for each hour or any part thereof worked in such an assignment. *Driver Operators and Street Services Workers paid as "Bid Drivers" as defined under the provisions of Appendix D, A3 are not eligible for this premium. -AS- APPENDIX B �3.i� Temporary employees shall be paid ninety percent (90%) of the appropriate wage rates established by the + Highway and Heavy Agreement then in effect between the Unions and the Associated General Contractors of Mannesota (AGC). Appropriate AGC fringe benefit contributions shall also be paid to the jointly irusted funds. Effecrive upon ratification of the contract. The hourly rates for temporary Employees working in the classes listed below are as shown: Bridge Maintenance Worker Water System Worker I Water Utility Worker I Parks Worker III Sewer Services Worker Street Services Worker � � Effecrive 2003 * Effective 2004 *� * r* * ** * ** * ** * �* The hourly wage rates for temporary empioyees working in classes listed below shall be the same as the wage rates applicable to provisional, regulaz and probationary employees working in said classes as shown in Appendix A: Garden Laborer Gardener For temporary Employees working in the classes listed above the following fringe benefit contributions shall be made to the Minnesota Laborers' Fringe Benefit Fund: Health and Welfaze Pension Vacation*** Training LECET Effective Effective 2003 200A * *� * r* * ** * *� * ** * At the time of the signing of this agreement rates were not available. ** At the time of the signing of this agreement rates were not available. ***This contribution is taYable. - Bl- Appendix B (Continaed) 2. The hourly rates for temporary Employees working in the classes listed below aze as shown: • Heavy Equipment Operator Revolving Power Equipment Operator Effective Effective 2003 2004 * �* * s* The hourly wage rates for temporary Employees in the classes listed below shall be the same as the wage rates applicable to provisional, regular and pmbationary Employees working in said classes as shown in Appendix A. Tree Worker - �arteinporary�tnpleyees-wer�g�a-t�e-classeslisi�d above the following fringe benefits shall be made , to Funds designated by NOE, Loca149: Effective Effecrive 2003 2004 Health and Welfare Pension Training r� *� *� � * At the time of ihe signing of this agreement rates were not available. ** At Ihe Time of the signing of this agreemeni rates were not available. 3. The hourly wage rates for temporary Employees in the classes listed below shall be the same as the wage rates applicable to provisional, regulaz and probarionary Employees working in said classes as shown in Appendix A. *Driver Operator 4. Regular Employees who are laid off and then called back in to work on a temporary basis shall receive the reguiaz rate of pay as shown in Appendix A for such titles worked and shali continue to earn and accrue City benefits for such hours worked. 5. For temporary Empioyees working in fitles listed in this Appendix "B" whose length of service and earnings require that they be subjecY to Public Employees Retirement Associarion contributions, the rate of pay shall be the rate shown in this Appendix "B" for such title divided by 1.0518. 6. If the union elects to have the fringe benefit contributions listed in this Appendix "B" increased or decreased, the Employer may adjust the applicable rates accordingly. The Union will notify the Employer as soon as possibie when these rates and their effective dates hav been negotiated with the AGC. For their apglica6on in this agreement, adjustments wiIl be made on closest effective payroll dates. ��� APPENDIX C � The following aze special provisions foz *Driver-Operator seniority: a3'� All *Driver-Operators hired subsequent to July 1, 1970, except the six who were hired with the promotion rights from the April 7, 1975 eligible list by departments other than Public Works, will be laid off at the end of December 1, 1978. Subsequent to December 1, 1978, the Public Works Department shall hire from the layoff list all *Driver-Operators who will be needed throughout the City for the remainder of the yeaz. Subsequent to December 1, 1978, all reinstatements and new appointments will be made to the Public Works Department. Department or division promotion rules shall not apply to the classification of *Driver-Operator. Any *Driver-Operator taking an examination on a promotional basis for any other title shall be considered a promotional candidate in the department in which helshe is working on the date of the examination regardless of the fact that such empioyee appeazs as *Driver-Operator on the Public Works Department payroll. In the event that such employee is transferred to another deparhnent after the date of the examination, such employee shall be considered a promotional candidate in the deparhnent to which he/she is � transferred. No change in assignment shall be made prior to the date of the examination for the purpose of changing the department in which the employee qualifies as a promotional candidate under this articie. Employees appointed from the promotion list of the Mazch 3, 1978, Truck Dziver examination shall have *Driver-Operator seniority in the same order as the order in which their names appear on the promotional eligible list from wluch they were appointed. This does not apply to employees appointed from this list to the Board of Education. � -Cl- 03-! 85 APPENDIX D The following aze general policies regazding seniority for personnel permanentiy assigned to the Department of + Public Works Street Maintenance and Sewer Maintenance Divisions and the Division of Pazks and Recreation in the ciassifications of *Briver-Operator, Laborer, Street Services Worker, Heavy Equipment Operator, Sewer 5ervices Worker, Groundsworker, Pazks Worker, Tree Trimmer II, Power Clam Operator and Tree Worker. These general policies will be followed when making j ob assignments to qualified employees. The productivity needs of the utilizing division may be considered when making job assignments. A. Department of Public Works 1. Ciass seniority in the *Driver-Operator and Laborer titles shall take precedence over the Street Services Worker and Sewer Services Worker tities for all work assig�nents. This includes Hea�ry Equipment Operators who also hold the title of *Driver-Operator and who are reduced to the title of *Driver-Opentor. Ciass seniority in the tities of *Driver-Operator and Street Services Worker shall be used to make temporary job assignments for Heavy Equipment Operator positions in the Sueet Maintenance Division. 3. The Division shall identify the number of primary Driving 3obs needed each year by May 1, or after the full spring call back, whichever comes first. The primary Driving Jobs noi assigned to *Driver Operators shall be bid using Class Seniority with employees holding the title Street Services Workers. The Street Service Workers selected shail be referred to as "Bid Drivers" and � shall be assigned by seniority. a. *Driver Operators and "Bid Drivers" shail have their base pay increased by �.25 per hour. b. "Bid Drivers" wili hold that designation and pay for one (1) year until the next annual bid is implemented. c. "Bid Drivers" will not be on Street Service Workers Overtime lists d. If laid off during the Winter lay off, "Bid Drivers" will be called in prior to Street Services Workers when there is a need for driving jobs. 4. Assignment to a shift eligible for shi$ differential premium pay shall be made based on class seniority. Senior employees in the affected class shall not be required to accept such assignment if there are employees in such class with less class seniority. 5. Regulaz assignments to the night shift or weekend shift shall be bid seasonally by seniority. Winter season bids shail be made between October 15th and November I Sth each year. Summer season bids shail be made after the fuil spring cali back. The hours of each shift shall be defined on the bid sheet. Employees assigned a shift by seniority shall remain on that shift for the duration of the season, unless the shiR is discontinued or mutuatly agreed to by the employee and the Department. The complaint assignments shail be exempt from these provisions and shall be at the discretion of the employer. � � �3� Appendix D (Conrinued) A. Department of Public Works (Continued) � 6. Temporary vacancies on a shift shall be made by upgrading the senior eligible employee on the shift, who holds the title for the assignment. Should additional assignments become necessary, they shall be made by classification seniority from a temporary vacancy list. An employee may add or remove his/her name from this vacancy list at any time. If a temporary vacancy cannot be filled from the vacancy list, the position will be filled from the master seniority list. B. Division of Parks and Recreation 1. Class seniority in the Groundsworker and *Driver-Operaior ritles shall take precedence over the Parks Worker title in filting Groundsworker and *Driver-Operator positions respectively. In the event of a layoff in the tifle of Groundsworker or in the title of Pazks Worker, for emptoyees wko ,-t:fi �+� rh r;tte of�roundsworker and wko aze then certified to the new title of Parks Worker, their seniority in the title of Groundsworker shali prevai . 2. Class seniority in the Tree Trimmer II and Power Clam Operator ritles shall take precedence over Tree Worker title for assignment to Tree Trimmer II or Power Clam Operator duries respectively. In the event of a layoff in the title of Tree Trimmer II or in the title of Tree Worker, employees who are certified to the title of Tree Trimmer II and who are then certified to the new title of Tree Warker, their seniority in the title of Tree Trimmer II shall prevail. 3. Assignment to a shift eligibie for shift differential premium pay shall be made based on class senioriry. Senior employees in the affected class shall not be required to accept such assignmen� if there aze employees in such class with less seniority. 4. a. The Parks Division agrees to request a*Driver-Operator from the City-wide *Driver- Operator seniority list to filt behind a"Driver-Operator absent from Yus/her posirion in tiie Parks Division in cases where the City has reason to believe that the absence wi11 be for five (5) worlang days or longer. b. Both parties agree that the Employer is not required to follow the procedure in Item A above when the vacant position requires the handling of the "showmobile" or other pieces of equipment that requires special �aining and/or experience. c. The Union and Employer agree that in the event of a sepazation of employment of the current *Driver-Opentors in the Pazks Division, the decision to refill those affected positions and the decision of the appropriate class with which to refill the affected position subsequent to the sepazation of employment shall be made solely by the Employer. � - DZ- � Appendix D (Continued) � B. Division of Parks and Recreation (Continned) � 5} Assignment to the N.S.P. CREW will be based on following: a. Vacancies in the Forestry NSP Crew will be filled by certified line clearance tree trimmers who have satisfactory or higher performance ratings for at least the preceding yeaz and have no medical restrictions that limit the employee's ability to perform the essential functions of the work required of the NSP crew. A positive drug/alcohol test will disqualify a crew member for a period of one yeaz from date of test. b. A list of Tree Workers interested in working on the NSP crew, who meet the minimum qualifications, wi13 be solicited annually. The senior tree worker(s) on the sign-up list will be assigned to the NSP crew. If the selected Tree Worker turns down an opening, his/her name will be moved to the bottom of the list for future openings for the annua] sign up period. c. NSP crew members will remain on the crew until they notify the supervisor they want a change, no longer meet the minimum qualifications; or are replaced by a more senior tree worker under the annual sign up procedure. C. Water Utility � The following procedures will be used to determine the selecrion of personnel for overtime work ass b�nments. The selection of personnel will vary somewhat due to varying circumstances. This policy shall apply to all bargaining unit titles. 70B ASSIGNMENTS: 1. Job assignments for members of the Tri-Councal at the Distribution Division of the Water Utility will be made using the foilowing criteria: a. Short term (less than the full winter or summer cycle) assignments will be made at managements' discretion. b. Full term (the entire normal winter or summer cycle) assignments will be made on the basis in a given title when openings occur on a particular crew. If there wili be an opening for a full cycle on a crew, management will ask those employees working the same tit]e as that opening if they aze interested in the position. This will be recorded, and the most senior empioyee working in that title interested in the job wil] be given the position, provided the employee is qualified. Shouid management have valid reasons not to appoint this candidate to the position, those reasons shall be given to the candidate in writing. If no one is interested in a position, the assignment will be made to the least senior Employee regularly working that title. • - D3- Appendix D (Continued) 70B ASSIGNMENTS (Continued) c. Defuutions for this section: 1. Seniority used shall be Class Seniority per 11.IB. 2. "Normal" working cycles for the Utility aze late November to late Mazch (winter ) and late Mazch to late November (summer). 3. An "Qpening" is defined as a vacancy on a crew expected to last at least one entire cycle. d. If a short term assigtment is made aad the time arrives to make assignmenis for the next cycle, management wit2 review the assignment to determine whether it will be considered an "opening" or not. If it is considered an opening, Section B sha11 be foIiowed. i � • � : APPENDIX E � The following are general policies regarding the assigiment of overtime. A. Department of Public Works 1. Sewer Maintenance Division p3-185 It is the policy of the Sewer Maintenance Division to assign overtime in a way which is both fair to all employees and efficient for the administration of this division. In order to implement this policy the following guidelines will be used by the supervisor in chazge of setting up crews to work overtune. a. An OVERTIME AND CALL OUT SCHEDULE will be maintained. Names will be listed in order of seniority. This list will be updated periodically. When people are called from this list, they will be called by title in order of seniority with the following exceptions: A person who is on sick leave will not be calied unless no one else is available. � 2. A person who is on vacation will not be called unless ail people on the list who worked that day aze unavailable for overtime. In the case of overtime during the weekend, those people who worked on Friday will be called first. 3. People paid under a certain title during the workday wiU be called out for overtime under that title. If enough laborers or service workers cannot be found or if a jet operator is needed, then people who worked a different ritle that day may be called. Q If a crew is on the job and that job has to go into overtnne, that crew will work the overtime. If this happens on a Friday and it will be necessary to work during the weekend, that same crew will he called first. The oniy exception will be for steaming during the weekend, in which case crews will be set up by seniority. � c. � G� If a supervisor gets a call during the workday on a job that may go into overtime, he/she will assign the crew that is most available at that time to do the job. All persons on light duty will be moved to the bottom of the Overtime and Cali Out Schedule. It wiil be up to the supervisor who checks out the complaint to detemune what equipment is needed and to call out a crew to complete the job. Nothing in this policy will prevent a supervisor from deviaring from this policy when, in hislkier judgment, an emergency exists or it is in the best interest of the division to do so. -E1- Appendix E (ConYinued) 2. Street Maintenance Division a. Week-end and Holiday overtune will be assigned by seniority, from a posted sign-up list. This procedure will be used only when all H.E.O., *Driver/Operators, `Bid Drivers" assignees and Street Service Workers have been assigned to work 40 hours. The assigned crew that starts a job shall continue on the job, when overtime is required to finish the job. If the job requires the week-end to finish, the original assigned crew will be assigned to finish the job. b. *Driver Operators, Heavy Equipment Operators, Street Service Workers or `Bid Driver" assignees temporarily assigned for more than one week to other divisions (including for this purpose, the asphalt plant) or to other depanrnents, shall be moved to the bottom of the Street Maintenance Division seniority list for purposes of overtime for the duration of ihe assignment. to be vut on the seniority list. When work is available the Dispatcher wiil s'tart calling from tfie top o�it e seniority list. The calls will be made with no wairing between calls and first to answer will get the work. When a message is left, available work will go to the first to respond. � d. If an emp2oyee is off a day for vacation, floating hotiday, or comp time, he/she witl be eligible to be called for overtime work that starts after the conclusion of the regular work day. If an empIoyee is off a day for sick leave, he/she will not be called for overtime work until the following day. If an employee is off sick on the last day of the regular work week, he/she may be called for overtime work, on his/her two regular days off, if helshe has called in to return to • work. If That employee, is then off sick on the first day of his/her work week he/she will need a doctor's certificate to be paid for that day. B. Division of Parks and Recreation Parks Maintenance Section Overtime assigunent within the Parks Deparlment will he made within crews by classification seniority to empIoyees quaiified to do the work. Disputes arising from these assignments may be appealed up to and including Step (3) of tha grievance procedure of this Agreement. a. When overtime is required and a crew does not have enough employees to cover the event, the supervisor will f ll the crew first using crew senioriry involving employees under his/her budget authority and then wi21 have the oprion to choose the crew he/she deems most appropriate. b. For the purpose of this secrion an employee assigned to a building or facility alone will be deemed a crew of one. i -E2- Appendix E (Continued) L� 2. C. � Forestry Se�tion p3-lg� A sign up list will be circulated prior to each weekend during the storm season. employees that will be available for emergency call out work during that weekend will so indicate on the sign up sheet. Attempts will be made to call out employees in the order of their seniority, however, conditions may prevail that prevent this in order to provide for a response to an emergency situation. If a crew is on storm damage clean up during normal working hours, that crew may continue after the eight hour work day has ceased until the Supervisor dismisses the crew. Water Utility The following procedures wiil be used to determine the selection of personnel for overtime work assignments. The selection of personnel will vary somewhat due to varying circumstances. This policy shall apply to all bargaining unit titles. DEFTNITIONS: Standard Overtime List: Weekly on-call overtime list Stand-by Overtime List: List used if the Employer can not get anyone from the standazd list to report. OVERTIME LIST ELIGIBILTI'Y: There shall be a standard overtime list and a stand-by overtime list with the night shift and day shifts having separate standard overtime lists. �� 3. A person holding more than one titie shall use his/her normal working title for the standard overtime list and any other ritles on the stand-by overtune lists. A person not volunteering for the standazd overtime list with his/lier normal working titie, may be on the stand-by list. 4. If a person is off a day for vacation, floating holiday or aompensatory time, helshe will, be eligible to be called for overtime work that starts a8er the conclusion of their regulaz work day. If an employee is off a day for sick leave, helshe will not be called for overtime work until the following day. If an employee is off sick on the last day of the regulaz work week, he/she may be called for overtime work on lus/her two regular days off ifhe/she has called in to return to work. If that employee, is then off sick on the first day of his/1�er work week, hefshe will need a doctor's certificate to be paid for that day. � 5. Personnel assigned to the night shiR wili not be on the standard overtime list for days but may be on the stand-by overtime list. -E3- Appendix E (Continued} OVERTIME LIST ELIGIBILITY {Continued) 6. An overtime assignment call-out sheet shaIl be used for botfi day and shift overtime call outs to verify proper use of the procedures. Anyone intentionally misusing the overtime policy shall be subject to discipline. OVERTIME LIST SELECTION PROCEDURES -- DAY CREWS A person does not have to be on the voluntary standard overtime list, however, if a person is on the list they will be required to work when called. Calling out for overtime shall be done in a cautious and courteous manner. When calling on the phone, the calier shovld identify themselves and sYate the reason why the cal] is being made. Overtime is important to ai] and s ou e ea ed�ss�u�h-Tk�for ed.firsi as he has to obtain utitities. If there is any question as to the need to work on, overtime the circumstances shouId be discussed with the foreman e ore e decision is made to call a crew. An additiona130 minutes to call the rest of the crew should be no problem. Only the Foreman, or Conrro] Desk Worker may actually do Yhe calling -- it should not be delegated any further. The form shall be completely and accurately &lied in and signed by the catler. Two attempts to a ma�cimum of two (2) numbers, shall be made to cali each person to assure that wrong numbers, busy signals and no answers aze double-checked. It is suggested that others be calied while giving 10 minutes between first and second attempfs. � A quick response is expected to the overtime offer, so that a crew can be constructed and work wiIl not be . delayed. During the norma] work day, it is understood that in some cases, up to an hour may be necessary to contact, family, etc., before the decision to work can be made, However, after 2:00 PM, it is necessary to get an answer within 15 minutes so as not to delay the jab as people are leaving for the day . The foreman will, to the extent feasible, allow employees the opportunity to make a quick phone call if necessary. The standard overtime list will be used for calling out people for overtune. If the person who is up that week cannot work, the other people shall be cailed by rotating thmugh the standard overtime Iist and if no one is available then the stand-by overtime fist will be used, eaccept if calling for a WiJWII or WCJWI --then the night overtime list will be used, then the day stand-by list. Temps will be used as a last resort. 2. Rules for Standby Overtime: Water System Worker II. After exhausting the W5W II overtime list, proceed in the following seqnence: a. Go to the WSW I Standazd Overtime List. b. Go to the Rotating WSW II/WSW I Standby Overtime List. Water System Worker I. After exhausting the WSW I overtime list, proceed in the following sequence: a. Go to the WSW II Standazd Overtime List. b. Go to the Rotating WSW II/WSW I Standby Overtime. � -E4- 0 3,185 Appendix E (Continued) � OVERTIME LIST SELECTION PROCEDURES -- DAY CREWS (Continued) 3. Personnel will be selected from the overtime list for emergency jobs that come in after normal working hours (main breaks, etc.) or for planned overtime jobs where no crew has previously worked on the project during normal working hours. 4. If a crew cannot complete a job in normal working hours and the decision is made to continue the job into overtnne, all crew members are expected to work the overtime. If prior cammitments prohibit crew members from working the overtime, they may be replaced; according to #1 above however, they are to stay on the job until their repiacement arrives so as not to delay job complefion. If the job will go beyond 2 hours of overtime, any HEO's not on the standard overtime list shail be repiaced at 8:00 p.m. If the job, including the street repair crew, will go beyond 4:00 p.m., the Truck Driver (if it is not his week) shali be replaced. Those not holding the proper supervisor title shall be replaced. If possible, the Dispatcher shall switch drivers on jobs between 2:00 p.m. and 4:00 p.m. to allow the driver who is up to be on the overtime job. If this is not possible, the replacement driver shall begin at 4:00 p.m. with a different truck. The daytime driver shall be released when the truck is empty (i.e. if the truck is being filled the driver shall be released after emptying at the landfill and if hauling fill to the job the driver shall be released when the fill has been dumped.) If more than one truck is needed for overtime, the overtime list shall be followed as per the above procedures. Other replacement workers will be pemutted only in emergencies. • If there aze muitiple overtime jobs on a normal working day, the truck driver who is on his(her scheduled overtime week shall be switched to the job anticipated to last the longest. This shall be done when the job he/she is presently working has been completed, or at some practical point. 5. If a crew is working on a praject and the decision is made that work will have to be scheduled during overtime hours (due to shutoff complications, etc.) the crew that is on the job at that time will aiso work the overtime, except for the Truck Drivers, HEO's and any employee working out-of-titie. They will be called off the standazd overtime list. If any other members of the erew cannot work the overtime, the vacancy will be filled from the overtime list. 6. If a job comes in after 2:00 and will result in overtame, it shall be at the discretion of the Superintendent or Assistant Superintendent if #3 or #4 will apply. Anyone working overtime through the night will not be aliowed to work overtime the following night. 8. Temporary workers may not work more than one hour of unscheduled overtime unless no one else is available after foilowing the overtime selection procedures defined in secrion 1 and 2. If a temporary worker is on a}ob and needs to be replaced because the job is going to last more than an hour, replacement workers will be called out according to sections 1&2. � -ES- Appendix E (Continued} OVERTIME LIST SELECTION PROCEDURES - NIGHT CREWS Night crews shall schedule vacation so only one employee is off at a time. If a person is missing on the evening shi8 and a large amount of work is carried forwazd from ttie day shift into tiie evening, a day shift iJWII may be kept to help cleaz up the backlog or a replacement called in at management's option (generally, this will depend on whether or not tttere are more than 2 hours of work). If the decision is made to cail in a replacement or supplemeatal crewmember, the overtune callout procedvre shall be as follaws: In general, replacement personnel shall be called from the standard list covering the title that is absent, i.e. the title the absent crew member would normatly work, or, in the case of snpplemental help, the title that is needed. 2. If the CDW is absent and a replacemenY is needed, a CDW is cailed. If the is a sen II is c � During the period from November 25th to Mazch 15th, it may be necessary to replace both employees (ail three if aIl aze of� depending on workload on the late and weekend shifts. It is managemenYs intenfion to maintain a three person crew during this period. This three person crew includes ihe evening shift Monday through Friday UWI, and late shift UWI if so used. If no one can be found to come in from the standard night overtime list, a replacement shall be sought from The day standard overtime list, before going to the night standby list. • The night crew overtime Iist shall rotate as used. DISTRIBUTION DIVISION OVERTIME POLICY: The following procedures will be used to detemrine the selecrion of personnel for overhime work assignments. The selection of personnel will vary somewhat due to circumsiances. This policy shall apply to all titles. New lists will be established in, March, July, and November of each year in order by seaiority and rotated by four months. OVERTIME POLICY FOR THE THAWII�TG RiGS: In the event it is necessary to work overiime to thaw frozen services, the following policy will apply: 1) Generally, the crew will include one Heavy Equipment Operator (I�O), and one Utility Worker II(UWII), and may include one Utility Worker I(LT4VI). 2) If it is necessary to continue working the rig after working a regulaz work day, the crew will be called off the thawing overtime list. 3) For the case of starting a crew during overtime hours, the entire crew wilI be called off the list. 4} For either case, the usual rules about ma�cimum number of hours worked consecutively � will apply. -E6- Appendix E (Continued) � OVERTIME POLICY FOR THE THAWING RIGS (Continued) D3�� 5) The "lisP' will consist of ali those day employees holding the above tities who aze interested in working. This list will be developed each November and will be listed in order of seniority in that title. The list will "rotate", i.e., an employee's name will be moved to the bottom of the list aRer working or being given an opporiunity to work. If no UWII from days is abie to work, a LTWII will be called off the night list. OVERTIME POLICY FOR WATER DEPARTMENT SNQW PLOVJING: A list of those HEO's interested in plowing snow on overtime will be developed in order of seniority by November of each yeaz. The list will rotate; each HEO wil] be moved to the bottom of the list after working or being given an opportunity to work. VADNAIS STATIONIHIGHLAND OVERTIME POLICY: Water Utility Worker UGrounds worker The following procedures shall be used to determine the selection of personnei for overtime work assignments. � (1) �Z) (3) Ali overtime wili be approved by the Watershed Supervisor II. The Watershed Supervisor II wiil call personnel for overtime. Personnel will be called in for overtime based on seniority defined as combined confinuous experience as a Water Utility Worker I or Grounds worker at Vadnais/Highland. There aze exceptions/clarifications to this rule as outiined below: a. Many of the duties of the Water Utility Worker Ps and Groundsworkers aze similaz. The Grounds worker will not be called in when the overtime task involves duties exclusive to the Water Utiliry Worker I title such as reservoir cleaning, conduit work and sludge field pipe work. b. Monday through Thursday: If an employee takes time off on a Friday or the day before a holiday and they make it known to the Watershed Supervisor II that they are availabie for overtime, they will be eligible for overtime. a Friday or the day before a holiday: If an employee takes time off on a Friday ar the day before a holiday and they make it known to the Watershed Supervisor II that they aze available for overtime, they will be eligible for overtime. d. When a crew is on a job that goes into over[ime, that crew will continue the job untii it is suspended for the day. �TE: Management reserves the right to operate differently from the above Water Utility policies when it is deemed necessary. Every effort will be made to follow the above policies. � �lr� a3-I85 � . � MEMORANDUM OF UNDERSTANDING This Memoraudum of Understanding (hereinafter "MOU") is made and entered into flus � � day of r�r��� by and between the City of Saint Paul (hereinafter "City"), and the Tri-Council, Loca1120, Loca149 and Local 132 (hereinafter "Tri-Council") to establish the following procedure for determining which Tri-Council members in the Streets Maintenance Division, Depamnent of Public Works pay dues to the Teamsters Local 120. This MOU will not affect the compensation received by the affected individuals nor in any way will it limit the ability of the City to assign duries to the individuals. Within the Streets Maintenance Division, Department of Public Works there will be 30 Tri-Council members who shall pay dues to the Teamsters Local 120. This shall include all individuals in the title of Driver-Operator and all Bid Drivers. The City shall set the number of Bid-Drivers such that the number of Driver-Operators plus Bid-Drivers totals 30. If the Bid-Driver list is not filled, the remaining Teamsters shall be the employees in the Street Service Worker classification who drove the most hours the previous year. At this time, these individuals will have another opportunity to add their name to the Bid- Driver list. When a Teamster leaves the Streets Maintenance Division or promotes to a different classification, the Street Service Warker with the next highest number of hours driving, the previous yeaz will begin paying dues to the Teamsters. These individuals will also have an opportunity to add their names to the Bid-Driver list. There will be no change in the employee's classification, and the employee will be expected to perform all duties as assigned. This MOU expares on December 31, 2004. CITY OF SAIIQT PAUL �- ��- Terry tiner I,abor Relations Manager Approved as to £orm: TR1-COUNCIL �� ���� Tom Ohlson Business Rep., Loca1 120 � D r Darrel Haraldson Business Rep., Loca149 Page 1 of 2 o3a g5 � �� ��� John McCornuck Tom Besaw Assistant City Attorney Business Rep., L,ocal 132 � Gary Reec� : Business I41gr., Local 132 . � Page 2 of 2 D3-t85 � This Memorandiun of Understanding (hereinafter "Iv10U") is made and entered iato this � rr day of .� �� E, 200I, by and benveen the City of Saint Paul (hcreinafter "City"}, and ihe Tri-Councii, Local 120, Loca149 and Locai 132 (hereinafter "Tri-Council") to delineate the impact o£tlxe new title, Parks Worker R, on empleyees cw�rently worldng in the tit2e of Parks LVorker. Tbis MOU applies to a11 individuats employed by the City in the Parks & Rec Depariment in the litle of Pazks Worker on the date of this agreement and alI individuals who will be employed in the title of Parks Worker II. MFM ORANDUM OF UNDERSTANDING The garties undersstand and agsee to the foliowing: For oositions that are considered Parks 4Jorker positions on the date of rhis MOU• No exuployee, in thc title of Yarks Worker, who holds the title of Parks Worker on the date of this MOU, shall be laid off wlrile a Parks Worker II is woricing in one of these positions heid by a Parks Worker on the date of tbis MOU. A Parks Worlcer who is moved bacI: into one of these positions shall continue to bc paid as a Pazks Worker. 2 Far new �ositi�ns that will be occuvied bv emnlovees holdine the title of Parks Worker II: Parks Workeis, employed by the City on she date of t3us MOU, shall be considered to have seniority in ttie Parks worker II title based on iheir seniority date as a Yarks Worker. Parks Workers caa use this seniority to bump Parks Worker II's . to avoid layoff. A Parks Worker who is moved into one of these Parks Worker IF positions shall be paid as a Pazks Worker II. 3 Azticle 9.16, Seasonal T.ayoff, shatl be amend�d to add the foliowing sentence: "Article 9.16 shaU not apgly to cmployees in the titte of Parks Worker II." 4 Article 9.22 sha11 appiy to Parks Worker IIs_ Articie 4.23, A11 Season Full Time Pazk Aide, Sha1I be ameuded as foliows_ A. The Pazks Department will idenrify the number of A]1 Season Full Time Park Aide posifions needed for ful] time employment by September of each year. Tfic Departmen# will choose first: � 1 Laid off Pazks Workers who take a reduction to Park Aide; thcn if necessary 2 Laid off Parks Worker Iis who take a reducfion to Park Aide: then if nccessarv �3 Pazk Aides designated All Season rull 'I'ime Pazk Aide; then if necessary 3 4_ QuaLified Pazk Aides by Seniority. This MOU modifies the ColFective Bargaining A�reement hetween the City and Tri- Page 1 of 2 � I'IMi �c��� CITY ST PAUL HRiLR P•6�iO3 p3-i� � Coimcii. This MOU shall be ineluded at the baek of the next Collective Bargaining Agseement and shatl expire when the last employee who was a Pazks W orker on the date of this i�10U has 1e$ Ciry employmetu. CITY OF SAINT PAUI. � � --��' Terry alLiner Labor Relations Manager Approved as to form: <=���4 `� John McCormick Assistant City Attorney Tltt-COUNCIL L�J� l3�o-" �.' Tom Oblson Business Rep., T.ocal 120 zn,,.�.u�, �� �¢. c'.— Davz Erickson Bvsiness Rep., Loca149 � �� � Tom $csaw $usiness Rep., Local 13 ,1 Crary d Busin s M�., Local 132 Page 2 of 2 T�TRI P.�3 a 3�g5 � . � MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (hereinafter "MOU") is made and entered into this _�D day of 6A,,, L , 2002, by and between the City of Saint Paul (hereinafter "City"), and the Tri-Council, Local 120, Local 44 and Local li2 (hereinafter "Tri-Council") to delineate the impact of the new tifle, Water Utility Aide, on employees currently working in the title of Water Utility Worker I. This MOU applies to all individuals employed by the Saint Paul Regional Water Services in the title of Water Utility Worker I on the date of this agreement and ali individuals who will be employed in the title of Water Utility Aide. The parties understand and agree to the following: Water Utility Worker I's, employed by the City on the date of this MOU, shall be considered to have seniority in the Water Utility Aide title based on their seniority date as a Water Utility Worker I. Water Urility Worker I's can use this seniority to bump Water Utility Aides to avoid layoff. A Water Utiliry Worker I who is moved into one of these Water Utility Aide positions shall be paid as a Water Utility Aide. 2 Article 9.16, Seasonal Layoff, shall be amended as follows: "Article 9.16 shall not apply to employees in the title of Pazks Worker II or Water Utilitv Aide." 3 Article 9.22 shall apply to Water Utility Aides. This MOU modifies the Collective Bargaining Agreement between the City and Tri- Council. This MOU shall be included at the back of the next Collective Bargaining Agreement and shall expire when the last employee who was a Parks Worker on the date of this MOU has left City employment. CITY OF SA1NT PAUL �� - Terry altiner Labor Relations Manager Approved as to form: TRI=COUNCIL �'V Tom Ohlson B siness Rep., Local 120 arrei Hazaldson Business Rep., Loca149 Page 1 of 2 a . ����°� ! John McCormick Assistant City Attomey � � � �� Tom Besaw Business Rep., Local li2 �J � � Gary Reedj Business gr., Local 132 Page 2 of 2 MEMORANDUM OF UNDERSTAI�'DING � BET'WEEA' THE CITY OF SAIT�'T PAUL AI�+'D 'I'HE TRI-COtJNCIL LOCAL 120 - LOCAL 49 - LOCAL 132 Selection for Trainiag in the Skreets Division The Cit}° of Saint Pau] and The Tri-Council Lacal 220, Loca149 and Loca1132 agree to the following: . The Ciry and Tri-Council recognize that each party has specific concems regarding the selection or denial of an employee for a training oppommity. Therefore, the City and Tri-Council agree that upon the receipt of a written request from an emplo�•ee �•ho feels he/she was denied a training opportunity, the Street Division will provide a w7inen explanation of the reasons that went into ihe selection for the training. This Memorandum of Understanding shali not be used in any way as a binding precedent on either of the parties. �'IT'�ESSES: FOR THE CIT1' • Mar� 'eamey D'vector of Labor Relatwns DATE: 'C.' 6 �a ❑ THE TRI-COUNCIL LOCAL 120 - LOCAL 4- LOCAL 132 � l.rL, Bnd Slawson Business Rep. ]20 DATE: L� —r" y,C� � �e �. �.� � � , L. Gemld Dieffich Business Managcr, Local 132 DATE:� S'—�� Business Represrntative, Loea1 132 pATE: � � [�n�C Y�' Dave Erickton Business Rsprssrnsativt, l.oeai 49 DATE: fp,�3'l�r e ....��-'`� Business Manager, Local 49 nnrE:�/.sl�g _� ASSIGNMENT GUIDELINES FOR RAKE12 PREMIUM PAY � ` JTJLY 11. 2004 Senior employees shall be awazded preference for Raker duty assignments. 2. Duty assignment shall be limited to those personnel assigned to an office. Assignments wili not require transfer between offices or crews. 3_ Should duty assignments change during the work day, once crews aze assigned, assignments may be made to staff on a crew (i.e. sick leave or other absences from crew, or change in work performed by crew). � 4. Management maintains the right to make assignments which vary from these Assignment Guidelines. Examples of such variances may include: a) most senior employee can't do the job, b) manager training a junior employee, c) most senior employee not immediately available. 5. Disputes regazding the application of these guidelines may be addressed in writing to the Office of Labor Relations. Labor Relations will investigate and respond in writing to the Union. - � a