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03-186Council File # 03 ..�$� Green Sheet #_204190_ RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented b� Referred To 1 2 3 � Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and rafifies the attached 2003-2004 Labor Agreement between the City of Saint Paul and the International Union of Operating Engineers Loca170. Benanav Blakey Bostrom Coleman Harris Laz Rei Ado� Ado� � Appi By: Yeas ✓ ✓ ✓ Abs�l Requested by Department of: Office of Labor Relations BY� � ���� � DEPARTMEA"f/OFFICE/COUI�CIL: DA7E IN17Z4TED GREEN SHEET NO.: Z�O4190 �� �\� T.AR RELATIONS February 19, 2003 CO;�TACI' PERSO\ & PHONE: � INIi�n�Jnw7'E A7TtwvnA7e NLIE KRAUS 266-6513 ,�sst� 1 DEPARTMENT D � a crrr couNCn. NUMB£R 2 CITY ATCORNEY� CTfY CLERK MUSI' BE 01� COL?VCIL AGEnDA BY (DA7'E) F � R B �'� D�' F1�- � MG'I. SERVICE DIIt May 23, 2001 0��� 3 MAYOR (OR ASST.) TOTAL # OF SIG!�ATURE PAGES_7 (CLIP ALL LOCATIONS FOR SIGNATURE) acr�on xeQuESren: This resolution approves the attached 2003-2004 Labor Agreement between the City of Saint Paul and the International Union of Operating Engineers Loca170. RECOMM£NDAIIONS: Approve (A) or Reject (R) PERSONAI. SERVICE CONTRACI'S ]1iI7ST ANSWER'I7iE FOLLOWING QUESTIONS: PLAA`NA7G COMMLSSION _CNIL SERVICE COMMISSION 1. Has this petson/fitm ever worked under a conttact for this depamnrnt? CIBCOMMTREE Ya No STAFF 2. Has tfiis person/firm ever been a city cmptoyee? DISTRICT WURT Yes No SUPPORIS WHICH COIINCIL OBJECTNE? 3. Dces this person/fimi possess a skill not nom�ally possessed by any current city employee? Yes No Ezplain sil yes answers on sepanu sheet and attac6 to green sheet INTTL4TING PROBLE91, ISSL'E, OPPORTUNITY (W6o, W6at, Wheo, Where, W6y): Current agreement expired December 31, 2002. ADVA]VTAGES iF APPROVED; An agreement in place through December 31, 2004. This agreement has been ratified by the union members. DISADI'A?�TAGES IF APPROVED: None DISADVA�TAGES IF NOT APPROVED: No agreement in place - labor unresi. TOTAL AMOi7I�T OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVI7Y NUMBER: FIINANCIAL IIVFORMA7'10\: (EXPLAP.�) o � _�.�6 ATTACHMENT TO THE GREEN SHEET OPERATING ENGINEERS LOCAL 70 2003 - 2004 Below is a snnunary of the changes in the Collective Bazgaining Agreement between the City and the Operating Engineers Loca170. Duration: January 1, 2003 through December 31, 2004. Wages: 2003: 3.0% 2004: .40% Health Insurance: The insurance contriburion increase follows the same pattem 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: $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) Family: $446.63 per month, plus 65% of the family premium increase in 2003 up to $71.50 per month. If the 2003 family premium increase exceeds $110, the City will pay 40% of the excess increase per month. (Total: $527.24) 2004 Single: An amount equal to the auerage of the 2004 single insurance premiums. Family: $527.24 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% of the excess increase per month. Early retirees, retiring in 2003 and 2004, will receive a masimuxn of $350.00/month for single insurance coverage. This is consistent with other bargaining unit contracts. Safety Shoes Language change allowing for the purchase of more than one pair of safety shoes per year. No change in allowance amount. 0�-�'6 Severance Agreed to a single modified severance plan effecrive July 1, 2003, resulting in elimination of three other severance plans. This sunplifies severance allowing for administrative ease and employee incentive to reduce sick leave usage. Post Emplovment Health Plan City agreed to increase severance pay by 5% provided all severance pay goes directly into Post- Employment Health Plan. City will save 7.65% on these funds by avoiding payment of FICA (Social Security and Medicare withholdings); cost-neutral effect. Other language changes: Other language changes are of a housekeeping nahxre for clarification and clean up. Costs 2003 2004 Wages $101,721.72 $13,969.78 Insurance $ 54,980.64 $�actual uiilrnown at this timel $156,702.36 $13,969.78 + insurance costs � p3 �!� 2003 - 200� � . �LABO� ��REEM�NT � _ � � � � � � - - � - �between -� � � _ ,� _ - -- _ ; __ _ �, � � � ; � -�'��IE- C�TY ��_,SA�1'�T'T��PAIT� � � � � � _ � �� � � � �..-. _ � : . � � " � � - _ and` _ iNT��N�TIOl�AL U�TiOI�T OF O�'Ei2AfiIl�G _ _ � ENGIl�1�ERS �flE��., 70�_=. � � � �. : � �_ � _ 03-�g� INDEX �TICLE TTTLE PAGE Preamble............................................................. ii 1 Recognition ............................................................1 2 Definitions .............................................................i 3 Dues-FairShaze ........................................................2 4 Union Rights ...........................................................2 5 Seniority ...............................................................3 6 ManagementRights ......................................................4 7 Hours,Premium Pay .....................................................4 8 Sick Leave ............................................................ .b 9 Leave ofAbsence ........................................................6 10 Severance Pay ..........................................................7 11 12 13 14 � 16 17 18 19 20 21 22 s Mileage ..............................................................11 Residency .............................................................i2 Working Out of Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Discipline/Grievance ....................................................12 Insurance .............................................................14 Holidays ..............................................................19 Vacation ..............................................................20 Wage Schedule .........................................................20 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Non-Discrimination .....................................................21 Safety Shoes/Uniforms ..................................................21 Termsof Agreement ....................................................22 Appendix A - Wages ................................................... A1 Appendix B - Como Pazk Conservatory/Zoo Layoffs . . . . . . . . . . . . . . . . . . . . . . . . . . B 1 � 03 -! 8(� PREAMBLE �s Agreement has been entered into between the City of Saint Paul, hereaf[er refeaed to as the Employer, and Locai Union No. 70, Intemational Union of Qperating Engineers, AFL-CIO, hereafter referred to as the Union. This Agreement has as its purpose the promotion of harmonious relafions between the Employer and the Union, the establishment of an equitabie and peaceful pmcedure for the resolution of differences, and the establishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto piedge that they shall pursue the above objectives in full compliance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1984, as amended. n U � ii ARTICLE i - RECOGIVITION 03�$� 1 The Employer recognizes the Union as the sole and exclusive bazgaitring agent for the purposes of establishing w>ages, benefits, hours and other conditions of employment for atl of its employees as ouflined in the certification by the State of Minnesota, Bureau of Mediation Services, under Case No. 73-PR-449-A, as amended, to read as follows: �Z AII regulaz, probationary, and provisional engineering and building maintenance personnel who aze employed by the Ciry of St. Paul or who have their "terms and conditions of employment" established by the goveming body of the City of St. Paul, and whose employment service exceeds the lesser of 14 hours per week or 35 percent of the normal work week and more than 67 work days per yeaz in the following classifications: Building Maintenance Engineer, Chemical Feed System Repairer, Custodial Worker, Custodian, Custodian Engineer I, Custodian Engineer I—Library, Custodian Engineer I—Public Safety, Custodian- -Engineer II, Custodian Engineer II--Library, Custodian Engineer IIT, Custodian Engineer III--Library, Custodian (Light Duty), *Filter Plant Operator I, House Custodian IT, Maintenance Worker, Modified Duty Worker-Custodian, Modified Duty Worker-Custodian Engineer I, Modified Duty Worker-Park Ranger, Modified Duty Worker-Security O�cer, *Pazk Ranger (Police), Pazk Security Officer (Pazks}, Police Security Ranger (Police), Pumping Engineer II, Pumping Engineer III, Security O�cer-Water Utilit}�, Sew�er Pumping Station Operator, Supervising Stationary Engineer, Water Plant Operator I, R�ater Plant Aide, Water Treatment Plant Operator II, Trainee (Custodian Engineer); excluding supervisory, manageriai, clericai confidential, temporary and emergency employees, those exclusively represented by other labor or employee organizations, and all other employees. The parties agree that any new classifications which aze an expansion of the above bazgaining unit or which derive from the classifications set forth in ttris Agreement shall be recognized as a part of this bargaining unit, and the parties shali take all steps required under the Public Employment Relations Act to accomplish said objective. ARTICLE 2 - DEFINITIONS 2.1 Collective Bargaining - The Employer wili bargain collectively with the Union and with respect to rates of pay, hours and other conditions pertaining to employment for atl of the employees in the unit hereinbefore set forth. 2.2 Maintenance of Standards - The Employer agrees that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and general working conditions shall be maintained at not less than the highest minunum standard as set forth in the Civil Service Rules of the City of Saint Paul, (Resolution No. 3250 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 itnproved wherever specific provisions for improvement are made elsewhere in ttus Agreement. � ARTICLE 2 - DEFINITIONS (Continued) � 23 Diseriminarion - The Employer will not interfere with, restrain or coerce the emp]oyees covered by this Agreement because of inembersIup in or activity on behalf of the Union. The Empioyer will not discriminate in respect to hire, tenure of employment or any term or condition of employment against any employee covered by this Agreement because of inembership in or activity on behalf of the Union, nor will it discourage or attempt to discourage membership in the Union, or attempt to encourage membership in another Union. 2.4 The term "Employer" shall mean the City of St. Paul or the St. Paul Water Utility. ARTICLE 3- DUES - FAII2 SHARE 3.1 Dues - The Employer agrees to deduct the Union membeiship iaitiation fee assessments and once each month dues from the pay to those employees who individually request in writing that such deductions be made. T'he amounts to be deducted shall be certified to the Employer by a representative of the Union and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions aze made or as soon thereafter as is possible. 3.2 Fair share - Any present or future employee who is not a Union member shall be required to contribute a fair shaze fee for services rendered by the Union. Upon notification by the Union, the Employer sh� check off said fee from the earnings of the employee and transmit the same to the Union. In no instance shatl the required coniribution exceed a pro rata sfiaze of the specific expenses incurred for services rendered by the representative in relationship to negotiation and administration of grievance procedures. This provision shall remain operative only so long as specificaliy provided by Minnesota law, and as otherwise legal. 33 The LTnion wili indemnify, defend and hold the Employer harmless against any claims made and against any suits instituted against the City, its officers or employees, by reason of negligence of the Union in requesting or receiving deductions under this Article. The City will indemnify, defend and kold the LTNION hannless against any claims made and against any suiu instituted against the Union, its officers or employees by reason of negligence on the part of the Employer in making or forwazding deductions under this Article. ARTICLE 4 - LTNION RIGHTS 4.1 The Union may designate employees within the bazgaining unit to serve as Union Stewards and shall be required to administer this Agreement. 4.2 The Union shall fiunish the Employer and appropriate Department Heads and Labor Relations Director with a list of Stewards and alteraates, and shatl, as soon as possible, notify said appropriate City offi ' in writing of any changes thereto. Only those who aze Officers and Stewards shall be recognized by Employer for the purpose of ineetings. �3 ARTICLE 4 - iJNION RIGHTS (Continued) � 4.4 There shall be no deduction from the pay of a Steward when direcfly involved in meetings with management relating to the administration of this Agreement during working hours. �3-tSl� Designated Union Representatives shall be permitted to visit employees on job sites and at department buildings during working hours for the purpose of the administration of this contract. 4.5 Shop SteRard - One shop steward from each department will be allowed to accompany an employee's authorized representative during regular working hours for the purpose of wage, salary, or fringe benefit discussions or other problems of theu particulaz concern involving employees of the City of St. Paul under the following condi6ons: 1) 2) 3) 4) That only one employee from any one department be allowed to leave his/her work. That the stewazd be expected to attend these meetings on his/her own time when they aze held outside of his/her regular working hours. That adequate notice is given to the department heads so that permission may be obtained. That the stewazd has officially been designated as such by the Union that he/she represents. 5) Union Conventions - Duly elected Union delegates shall be granted time off without pay for one week to attend such convention. Vacation or compensatory tune may be used for this purpose. � The Union shall give at least ten working days advance notice of the employees who will be participating in such conventions. ARTICLE 5 - SENIORITY 5.1 5.2 53 � Seniority, for the purpose of this Agreement, shail be defined as follows: The length of confinuous, regular and probationary service with the Employer from the date an employee was first appointed to a class title covered by this Agreement, it being further understood that seniority is confined to the current class assignment heid by an employee. In cases where two or more employees aze appointed to the same class title on the same date, the seniority shali be determined by the employee's rank on the eligihle list from which certification was made. Seniority shall terminate when an employee retires, resigns, or is discharged. In the event it is determined by the Employer that it is necessary to reduce the work force, employees will be laid off by class title within each department based on inverse length of seniority as defined above. 3 ARTICLE 5 - SENIORITY (Continued) 5.4 In cases where there aze promotional series, such as Custodian Engineer I, II, III, etc., when ihe numbe� of employees in the higher titles is to be reduced, employees who have held lower titles in the bazgaining unit will be offered reductions to the highest title to which class seniority would keep them &om being laid off, before layoffs aze made by any class title in any department. 5.5 Recall from layoff shall be in inverse order of layoff, except that recall righu shall expire after two years of layoff: 5.6 It is understood that such employees will pick up their former seniority date in any class of positions that they previously held. ARTICLE 6 - MANAGEMENT RIGHTS 6.1 T'he Union recognizes the right of the Employer to operate and manage its affairs in alI respects in accordance with appiicable laws and regulations of appropriate authorities. The rights and authority which the Employer has not officially abridged, delegated, or modified by this Agreement aze retained by the Employer. 6.2 A public Employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not lunited to, such areas of discretion of policy as the functions and programs of the Employer, its overall budget, utilizarion of technology, and organi7ational structure and selec6on and � direction and number of personttel. ARTICLE 7- HOURS, PREMIUM PAY 7.1 Hours of Employment - The normal work day and the normal work week shall be 8 consecutive hours in any 24-hour period and 40 hours in any 7-day period. (For employees on a shift basis, this shall be construed to mean an average of forty hours a week.) The normal work week shall consist of 5 consecutive normal work days. Within the Division of Librazies, The normal work week shall consist of 5 consecutive normal work days followed by two (2) consecutive days off. 7.2 Call-in-Pay - When an employee is called to work he/she shall receive two hours pay if not put to work. If an employee is called to work and commeaces work, he/she shall be guaranteed four straight time hours pay, or one and one-half (1.5) times the employee's normal hourly rate for the actual number of hours worked, whichever is greater. These provisions, however, shall not be effective when work is unable to proceed because of adverse weather conditions; nor shall these provisions appiy to temporary or emergency employees nor to empioyees employed under any of the tiUes listed ia Section 3.M of the Civil Service Rules under the heading "Special Employments"; nor to any person whose regular scheduled workday is less than four hours. �J 4 ARTICLE 7- HOURS, PREMIUM PAY (Continued) o3-lg� 73 Overtime - Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and � shall be done only by the order of the head of the deparnnent. An Employee shall be recompensed for work done in excess of the normal hours by being granted compensatory rime on a time and one-half basis or by being paid on a time and one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined by the employee provided there is money in the budget. In the Division of Libraries, overtime which is scheduled overtime shall be paid at the discrerion of the Employer; overtime which is unscheduled shall be at the choice of the employee provided there is money in the budget. The overtime rate of one and one-half shail be computed on the basis of 1/80th of the bi-weekiy rate. 7.4 Premium Pay - To any employee who works on a regularly assigned shiR beginning eazlier than 6 a.m. or ending later than 6 p.m., grovided that at least five hours of the shift are worked between the hours of 6 p.m. and 6 a.m., there shall be paid a night differential for the entire shift. 7.5 � To any employee who works on a regularly assigned shiR, beginning earlier than 6 a.m. or ending later than 6 p.m., but ]ess than five hours of the shift are worked between the hours of 6 p.m. and 6 a.m., there shall be paid a night differential for the hours worked between the hours of 6 p.m. and 6 a.m. Notwithstanding Section III A of the Saint Paul Salary Plan and Rates of Compensation, employees working at the Water Utility's Filtration Plant and who are regulazly assigned to a shift which begins at 2:30 p.m. shall be eligible for the night differential as stated in Section III A for the entire shift. The night differential shall be 5% of the base rate, and shal] be paid only for those night shi8s actually worked; provided, however, that the provisions of this subsection shall not apply to empioyees holding titles listed in Section II of the Saint Pau] Sa]ary Plan and Rates of Compensation under the heading "Special Employments" in this bargaining unit. 7.6 A premium pay of twenty-five (25) cents per hour shall be paid for all swing stage work, such as any work performed from a boatswain's chair or a swing scaffold, fifty (50) feet or more above the ground. All standard safety laws shall be complied with. 7.7 Notwithstanding Article 7.1, employees may, through mutual agreement with the Employer, work schedules other than schedules limited by the normal work day and work week as set forth in Article 7.1. Overtime compensation for employees working undex such agreements shall be subject to the provisions, for same, as set forth by the Fair Labor Standards Act. 7.8 For employees who wish to share a posirion, the Employer will attempt to provide options for implemenring a sharing anangement. Such an arrangement must be mutually agreed upon by the Employer and the employees invoived. Vacation, holiday, and sick leave benefits for employees who share a position shall be pro-rated based upon the percent of hours worked. Health insurance benefits shall be administered in accordance with the provisions of Article 15 (Insurance) of this Agreement. In the event that one of ihe empioyees participating in the shared position is terminated or terminates employment, the Empioyer shall post the job sharing vacancy for a period of ten (10) days. If, at the end of ten (10) days, such vacancy cannot be filled, the Employer shall have the oprion of increasing the remaining employee's work hours. �9 Articies 7.7, and 7.8 shali not be subject to the provisions of Article 14 (Discipiine/Grievance Procedure) of this Agreement. ARTICLE 8 - SICK LEAVE 8.1 Sick Leave - Sick leave shall accumulate at the rate of .0576 of a working hour for each fuli hour on the� payroll, exciuding overtime. Sick Teave accumulation is unlimited. To be etigible for sick leave emptoyees must report to their supervisor no later than one-half hour past their regular scheduled starting time. The granting of sick leave shall be subject to the terms and provisions of Resolution No. 3250 of the City of Saint Paul. 8.2 Sick Leave For Employee - Any employee who has accumulated sick leave credits as provided above in 8.1 shall be granted leave with pay for absences due to illness or injury of the employee, for such period of rime as the employee's supervisor deems necessary. Empioyee may be granted leave with pay for such time as is actuaily necessary for office visits to a doctor, dentist, optometrist, etc. 8.3 Use of Sick Leave For Employee Child - An employee may use sick leave for absences due to an illness of the employee's child for such reasonable periods as the employee's attendance with the child may be necessary, on e same erms e emp oyee zs a eI�e sick leave o#' r hi� . 8.4 Use of Sick Leave for ParenUHousehold Member - In the case of a serious illness 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 leave shal] be drawn from the employees accumulated sick leave credits. Use of such sick leave shall be limited to 40 hours per incident. � ARTICLE 9- LEAVE OF ABSENCE 9.1 Leave of Absence - After three month's employment, an employee may make application for a leave of absence not to exceed one year. A leave of absence shall be granted on the basis established in the Civil Service Rules (Resolution No. 3250). 9.2 Military Leave - Any employee who engages in acfive service in time of war or other emergency declared by proper authority of any of the military or naval forces of the state or of the United States for which leave is not otherwise allowed by law shall be entitled to leave of absence from employment without pay during such service with right of reinstatement and subject to such condirions as are imposed by law. Military leave shal] conform to Minnesota Statutes, Section 192, as amended from time to time and shall confer no additional benefits other than those granted by said statute. 9.2(1) Pay Allowance - Any employee who shall be a member of the National Guard, the Naval Militia or any other component of the miliria of the state, now or hereafter organized or constituted under state or federat taw, or who shatl be a member of the Officer's Reserve Corps, tfie EnIisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the United States, now or hereafter organized or constituted under Federal law, shal] be entiUed to leave of absence fiom employment without loss of pay, seniority status, efficiency rating, vacation, sick leave or other benefits for all the time when such employee is engaged with such organization or component in training or acrive service ordered or authorized� proper authority pursuant to law, whether for state or federal purposes, provided that such leave shali not exceed a total of fifteen (IS) days in any calendar year and, further provided that such leave shall be allowed only in case the required military or naval service is satisfactorily performed, which shall be presumed unless tYie contrary is established. A�RTICLE 9- LEAVE OF ABSENCE (Continued) p3'� $'l� Such leave shall not be allowed unless the employee: (1) retums to his/her position immediately upon being relieved from such military or naval service and not later than the expiration of rime � herein limited for such leave, or (2) is prevented from so retuming by physical or mental disability or other cause not due to such employee's own fault, or (3) is required by proper authority to continue in such military or naval service beyond the rime herein limited for such leave. 9.3 Jury Duty - Employees who are required to appear in court as jurors or wimesses shall be paid their regular pay while they are so engaged, provided however, that any fees that employees may receive from the court for such service shall be paid to the Employer and be deposited with the Director of Finance and Management Services. Any empioyee who is scheduled to work a shi$, other than the normal daytime shift, shal] be rescheduled to work the normal daytime shifr during such time as he/she is required to appear in court as a juror or witness. 9.4 Maternity and Parental Leave - Pregnant employees of the City of Saint Paul shall be eligible for the use of paid sick leave and unpaid leave of absence in the same manner as any other disabled or ill City employee. Such paid sick ]eave eligibility shai] 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. A twelve (12) month Parenta] leave of absence without pay shall be granted to a natura] parent or an adoptive parent, who requests such leave in conjunction with the birth or adoption of a child. Such leave may be extended an additional twelve (12) months by mutual agreement between the employee and the Employer. Refusal on the part of the Employer to grant an extension of such leave shail not be subject to the provisions of Articlel4 of this Agreement. � Employees who retum following such leaves of absence shail be piaced in a position of equivalent salary and tenure as the one held just prior to the beginning of their leave. 9.5 School Leave - An employee shall be granted up to a total of sixteen (16) hours during a school year to attend school conferences or classroom acrivities related to the employee's child, provided the conferences or classroom activities cannot be rescheduled during non-work hours. If the need for the leave is foreseeable, the 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 operation of the Employer. An employee shall be allowed to use vacation or compensatory time for this leave; otherwise this leave shall be without pay. 9.6 k�neral Leave - Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, shall be granted such leave to attend the funeral of the employee's grandparent or grandchild and as much rime as the Employer deems necessary for the death of the employee's mother, father, spouse, chiid, brother, sister, mother-in-law, father-in-law or other person who is a member of the household. ARTICLE 10 - SEVERANCE PAY 10.1 General. The Empioyer shall provide three (3) severance pay plans as set forth in this Article. The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. This severance pay program shal] 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 this article shaii control. ARTICLE 10 - SEVERANCE PAY (Continued) 10.2 Etigi6iliry. Any emptoyee hired prior to December 31, 1983, may, upon meeting the qualificarions of thi article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, secrion 1, secrion 6, dra� severance pay under the terms of any of the severance plans described in this article. Any employee hired after December 31, 1983 but prior to June 26, 1990 shall only be enritled to participate in Plan 2 or 3 as set forth in this article. Any employee hired on or after June 26, 1990 is eligible to participate only in pian 3 as set forth in this articIe. The elecrion by the employee to draw severance pay under either this article or the ordinance shail constitute a bar to receiving severance pay from the other. Effective July 1, 2003, employees of this bargaing unit shall be eligible to participate only in Plan 4. All other severance pay plans shall be discontinued for members of this bazgaining unit. For the purpose of this Article, service requirements for severance eligibility will not include years of service with School District #625 for employees hired by the City or h�ansferred to the City after December 31, 1998. 10.3 Plan 1. Plan 1 is the severance pay p]an described in Ordinance No. 11490, as amended by City Ordinance No. 16303. 10.4 Plan 2. In addition to the eligibility requirements set forth in 10.2 above, an employee must meet the following requirements to receive a benefit under plan 2. (1) The employee must be 58 years of age or older or must be eligible for pension under the "rule of 85" if applicable, or the "rule of 90" provisions of the Public Employees Rerirement Association (PERA). The "ruIe of 85" or the "rule of 40" criteria shali also apply to employees covered by a public pension plan other than PERA. (2) The employee must be voluntarily separated from City employment or have been subject to � separation by lay-off or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the Ciry severance pay program. For the purpose of this severance program, a death of an employee shall be considered as sepazation of employment, and if at the rime of his or her death, the empioyee would have met all of the requirements set forth above, payment of the severance pay may be made to the employee's estate or spouse. fior the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is considered a separation of empioyment, and such transferee shall be eligible for the City severance program. (3) The empioyee must have at least ten (10) years of consecutive service under the classified or unclassified Civil Service at the time of sepazation. For the purpose of this Article, service requirements for severance eligibility will not include years of service with School District #625 for employees hired by the City, or transfeaed to the City after December 31, 1998. (4) The employee must file a waiver of re-employment with the Director of Human Resources, which will clearly indicate that by requesring severance pay, the employee waives all claims to reinstatement or re-employment (of any type), with the City. (5) The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his/her sepazarion from service. (6) If an employee requests sevennce 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-half 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 maximum of 200 accrued sick leave days_ ARTICLE 10 - SEVERANCE PAY (Continued) Q 3 � g � � (7) The maximum amount of money that any employee may obtain through this severance pay program is $6,500. 10.5 Plan 3. In addition to the eligibility requirements set forth in 10.2 above, an employee must meet the following requirements to receive a benefit under Plan 3. � (1) The employee must be voluntariIy separated from the 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 aze not eligible for the city severance pay program. For the purpose of this severance program, a death of an employee shall be considered as separation of employment and if the employee would have met all of the requirements set forth above, at the time of his/her death, payment of the severance pay shall be made to the employee's estate or spouse. For the purpose of this severance program, a h�ansfer from the City of Saint Paui employment to Independent School District No. 625 employment is considered a sepazation of employment, and such transferee shall be eligible for the City severance program. (2) The employee must file a waiver of re-employment with the Human Resources Director, which will cieariy indicate that by requesting severance pay, the employee waives all claims to reinstatement or re-employment (of any type), with the City. (3) The empioyee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of his sepazation from the service. (4) 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-half 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 maximum as shown below based on the number of yeazs of service in the City. Years of Service with the City At Least 20 21 22 23 24 25 Maximum Severance Pay $ 5,000 $ 6,000 $ 7,000 $ 8,000 $ 9,000 $10,000 � ARTICLE 10 - SEVERANCE PAY {Continued) 10.6 Plan 4. Effective January 1, 2004, in addition to the eligibility requirements set forth in10.2 above, az emp2oyee must meet the foIlowing requirements to receive a benefit under pIan 4. � (1) The employee must be voluntarily separated from City employment or have been subject to separation by layoff or compuisory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the city severance pay program. For the purpose of this severance progiam, a death of an employee shail be considered as separation of employment and if the employee would have met ali of the requirements set forth at the time of his/her death, payment of the severance pay shall be made to the empioyee's estate or spouse. For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is considered a sepazation of employment, and such transferee shall be eligible for the City (2) The employee must file a waiver of re-employment with the Human Resources Director, which will cleazly indicate that by requesting severance pay, the employee waives all claims to reinstatement or re-employment (of any type), witfi the City. (3) The employee must have a minimum of 15 years of service and 700 hours of sick leave credits at the time of his/her seperation of service from the City. (4) If an emgloyee requests severance pay and if the employee meets the eligibility requirements � forth above, he or she will be granted severance pay as shown below. Minimum 15 years of service and accrued sick leave credits of: 700 800 900 1000 II00 1200 1300 1400 1500 1600 1700 1800 Severance $4,OOQ $5,000 $6,000 $7,000 $8,000 $9,000 $10,000 $11,000 $12,000 $13,000 $14,000 $15,000 10.7 For any employee who is eligible to receive severance from the City under this Article, the Ciry will contribute 105% of the full amount of their severance payment to a post-employment health plan in lie� of any cash payment to the employee. 10 �3-��� ARTICLE 11- CITY MILEAGE �.1 Automobile Reimbursement AuYhorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, tiie following provisions are adopted. 11.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. Type 1. If an empioyee is required to use his/her own automobile OCCASIOI3ALLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addition, the empioyee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an empioyer vehicle is available for the employee's use but the employee desires to use tus/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. Type 2. If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day � of work. In addition, the employee shall be reimbursed $.20 per aule for each mile actualiy driven. If such employee is required to drive an automobile during employment and the department head or designated representative deternunes that an employer vehicle is available for the employee's use but the employee desires to use his(her own automobile, then the empioyee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. 113 The City will provide pazking at the Civic Center Pazking Ramp for City employees on either of the above mentioned types of reunbursement plans who aze required to have their personal caz available for City business. Such parking will be provided only for the days the employee is required to have his or her own personal caz available. 11.4 Rules and Regulations: The Mayor shall adopt rules and regulations goveming the procedures for automobi]e reimbursement, which regulations and rules shall contain the requirement that recipients shali file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and fur[her require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personal iaj�sy, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment � thereto, shal] be maintained on file with the city clerk. 11 ARTICLE 12 - RESIDENCY 12.1 The Residency Resolution effective August 4,1979, in Council File No. 273378 shall apply to all � emptoyees covered by ttris Agreement. ARTICLE 13 - WORKING OUT OF CLASSIFICATION 13.1 Employer shal] avoid, whenever possible, working an empioyee 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) consecurive working days shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16ih) day of such assignment. For the purpose of t]Tis Article, an out-of-class assignment is defined as an assignment of an empioyee to perform, on a full time basis, ali of the significant duties and responsibilities of a position different from the employee's regulaz position, and which is in a classification higher than the classification held by such employee. The rate o pay or an approve out-o -c ass assignm e same ra e emp oyee wo recetve such employee received a regulaz appointment to the higher classification. ARTICLE 14 - DISCIPLINE/GRIEVANCE 14.1 The Empioyer will discipline employees for just cause only. Discipline will be in the form of: (1) Oral reprimand; (2) Written reprimand; (3) Suspension; (4) Reduction; (5) Dischazge 14.2 A notice in writing of Suspensions, Reductions and Discharges shatl be sent to the employee and the iini seventy-two (72) hours after such action is taken. 14.3 Employees and the Union will receive copies of written reprimands and notices of suspension and discharge. � 14.4 Employees may examine all information in ihe Employer personnel hle that concems work evaluatioas, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the Employer. 14.5 Dischazges will be preceded by a five (5) day preliminary svspension without pay. Dvring said period, the empioyee and/or Union may request, and shall be entitled to a meeting with the Empioyer representative who initiated the suspension with intent to discharge. During said five (5) day period, the Employer may affirm the suspension and discharge or may modify, or withdraw same. 14.6 An employee to be questioned conceming an investigation or diseiplinary action shatl have the right to request that a Union representative be present. � 14.7 The Bmpioyer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bazgaining unit. The Union shall notify the Employer in writing of the names of the Stewards and of their successors when so named. _ ` 0 3 '� g � ARTICLE 14 - DISCIPLINE/GRIEVANCE (Continued) �.8 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is lunited by the job duties and responsibilities of ttie employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Stewazd 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. 14.9 The procedure established by ttris Article shall be the sole and exclusive pmcedure for the processing of grievances, which aze defined as an alleged violation of the teans and conditions of this Ageement. It is understood that issues not related to terms and conditions of employment (for example: topics listed in Civil Service Rule 26 III A,B,C - performance reviews, examinafions and ciassification) shall continue to be processed in accordance with the grievance procedure outlined in the Civil Service Rules. Crrievances shall be resolved in conformance with the following procedure: Step i. Upon the occurrence of an alleged violarion 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 writing and referred to Step 2 by the Union. T'he 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 fourteen (14) calendaz � days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence shouid have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated Employer supervisor shall meet with the Union Stewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Emp]oyer shall reply in writing to the Union within three (3) calendar days following 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 writing by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. 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) calendar days following this meeting the Employer shall reply in wriring to the Union stating the Employer's answer concerning 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 refeaed to in writing by the Union to Step 4 within seven (7) calendaz days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance rexnains unresolved, the Union may within seven ('n calendar days after the response of the Employer in Step 3, by written notice to the Employer, request azbitration of the � grievance. The arbitration proceedings sha1S be conducted by an azbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. 13 ARTICLE 14 - DISCIPLINE/GRIEVANCE (Confinued) � If the parties faii to mutually agee upon an azbitrator within the said seven (7) day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (ist) name; the Employer shall then strike one (1) name. The proeess will be repeated and the remaining person shall be the azbitrator. 14.10 The arbitrator shall have no right to amend, modify, nuliify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide oniy the specific issue submitted in writing by the Employer and the Union and shal] have no auihority io make a decision oa any oiher issue not so submitted. The azbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The azbivator's decision shall be submitted in writing within thirry (30) days following ciose of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be fmal and binding on the Employer, the Union, and the employees. 14.1 I The fees and expenses for the azbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided tfiat each pariy shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may ca� such a record to be made, providing it pays for the record. 14,12 The time limits in each step of this procedure may be e�rtended by mutual agreement of the Employer and the Union. ARTICLE 15- INSURANCE Acfive Employee Insurance 15.1 The insurance plans, premiums for coverages and benefiis contained in the insurance ptans offered by the Employer shall be solely controlled by the contracu negotiated by the Employer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by the benefit providers. However, the employees selecting the offered pians agree to accept any changes in benefits which a specific provider implements. 15.2 For the purpose of this Article, full-time employment is defined as appeazing on the payroll an average of at least 32 hours per week for the twelve (12) month period preceding the annual open enroliment or special enrollmenu, or for the six (6) month period preceding initial enroilment. Three-quarter time employment is defined as appearing on the payroll an average of at least 26 hours per week, but less than 32 hours per week, for the twelve (12) month period preceding the annual op� enrollment or special enrollments, or for the siac (6) month period preceding initial enrollment. ld . D3�g� ARTICLE 15 - INSURANCE (Continued) � Half-time empioyment is defined as appearing on the payroll at least 20 hours per week, but less than 26 hours per week, for the twelve (12) month period preceding the annual open enrollment or special enrollments, or for the six (6) month period preceding the initial enrollment. 153 For each eligib3e employee covered by this Agreement who is employed half-time and who selects employee health insurance coverage, the Employer agrees to contribute fifty percent (50%) of the amount contributed for full-time employees selecting employee coverage in the same insurance plan. For each half-tune employee who selects fanuly health insurancs coverage, the Employer agrees io contribute fifty percent (50%) of the amount contributed for full-time employees selecting family health insurance coverage in the same insurance plan. For each eligible employee covered by this Agreement who is employed three-quarter time and who selects employee heaith insurance coverage, the EMPLOYER agrees to contribute seventy-five (75%) of the amount contributed for full-time employees selecting employee coverage. For each three-quarcer time employee who selecu family health insurance coverage, the Employer agrees to contribute seventy- five percent (75%) of the amount contributed for full-time employees selecting family health insurance coverage. 15.4 Effective for the January, 2003 insurance premiums, for each eligible employee covered by this agreement who is employed full-time and who selects single employee health insurance coverage provided by the Employer, the Employer agrees to contribute $259.72 [amount of 2002 single premium] � per month plus any increase in the 2003 single health insurance premium up to $45.00 per month. If the 2003 singie health insurance premium increase is over forty-five ($45.00) doilazs, the Employer will contribute 50% of the amount over foriy-five ($45.00) dollazs. For each eligible full-time employee who selects family health insurance coverage, the Employer will contribute $446.63 [amount of the 2002 family contribution] per month plus 65% of the family premium increase in 2003 up to $71.50 per month. If the 2003 family premium increase exceeds $ I 10.00, the City will pay 40% of the excess increase per month. The increase in the contributions will be based on the average premiums (single and family). 15.5 Effective for the 3anuary, 2004 insurance premiums, for each eligible employee covered by this agreement who is employed full-time and who selects single employee health insurance coverage provided by the Employer, the Employer agrees to contribute an amount equai to the average of the 2004 single insurance premiums. � For each eligible full-time employee who selects family health insurance coverage, the Employer wiil contribute $527.24 [amount of the 2003 family contribution} per month plus 65% of the family premium increase in 2003 up to $71.50 per month. If the 2004 family premium increase exceeds $110.00, the City wili pay 40% of the excess increase per month. � The increase in the contdbutions will be based on the average premiums (single and family). 15 ARTICLE 15 - INSURANCE (Continued) 15.6 Notwithstanding Article ] 53, eligible employees covered by this Agreement and employed half-time � prior to January 1, 1986, shall receive the same insurance contributions as a full-time employee. This Article, 15.6, applies only to eligibie employees who were employed half-time during the month of December, 1985, and shall continue to apply only as long as such employee remains continuously employed half-time. RerireeInsurance 15.7 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 I5.8 ttuough I5.1 I below, towazd a healtfi insurance plan offered by the Employer: i' - - 1 • �' � �Ii . a1♦ - NJ 1 ' ' A "11"1 .� I t1' f - IG - i ..i: (2) Have severed his/her relationship with the City of Saint Paul for reasons other than misconduct, and (3) Have completed at least 20 yeazs with the City of St. Paul or 15 yeazs if receiving a disability pension. (4) Service requirements for retiree health insurance eligibility will not include yeazs of service�'� School District #625 for employees hired by the Ciry, or transferred to the City, after Decemb� 31, 1998. (5) Additional dependants beyond those of record at the time of retirement may not be added to the retiree's health insurance plan at City expense after retirement. Early Retiree 15.8 This Section shall apply to full time employees who: (1) Retire on or after January 1, 1996, and (2) Were appointed on or before December 31, 1995, and (3) Have not attained age 65 at retirement, and (4) Meet Yhe terms set forth ia Section 15.7 above, and (5) Select a health insurance plan offered by the Employer Until such employees reach sixry-five (65) years of age, the Employer 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 aot exceed $350.00 per month. For employees selecting fanuly health in�„rance coverage, the Employer wiil contribute $350 per m� toward the premium for family heatth �n�„*ance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. When such early retiree attains age 65, the provisions of Section 15.10 shall apply. 16 ARTICLE 15 - INSURANCE (Continued) �5.9 T1us Section shall apply to full time employees who: (1) Retire on or after January i, 1996, and (2) Were appointed on or after January 1,1996, and (3) Have not attained age 65 at retirement, and (4) Meet the conditioas set forth in Section 15.7 above, and (5) Select a health in�,�Tance plan offered by the Employer. o Unril such retirees reach sixty-five (65) years of age, the Employer agrees to contribute a ma�cimum of $300.00 per month towazd the cost of single or family health insurance coverage. Any unused portion shal] not be paid to the retiree. VJhen such early retiree attains age 65, the provisions of Section 15.11 shall apply. Regular Retirees (Age 65 and over) 15.10 This Section shall apply to full time employees who: (1) Retire on or after January 1, 1996, and (2) Were appointed on or before December 31, 1995, and (3) Have attained age 65 at retirement, and (4) Meet the terms set forth in Section 15.7 above, and (5) Select a health insurance plan offered by the Employer � The Employer agrees to contribute a maximum of $350.00 per month toward the premium for single or family health insurance coverage offered by the Employer to regulaz retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Section shall also apply to eazly retirees who retired under the provisions of Section 15.8 when such earIy retirees attain age 65. 15.11 This Section shall appiy to full time employees who: (I ) Retire on or after January 1,1996, and (2) Were appointed on or after January 1,1996, and (3) Have attained age 65 at retirement, and (4) Meet the terms set forth in Sec6ons 15.7 above, and (5) Select a health insurance plan offered by the Empioyer The Employer agrees to contribute a maximum of $300.00 per month toward the cost of single or family health insurance coverage offered to regulaz retirees and their dependents. Any, unused portion shall not be paid to the retiree. This Section shall also apply to early retirees who retired under the provisions of Section 15.9 when such early retirees attain age 65. � 17 ARTICLE 15 - INSURANCE (Continued) 15.12 If an employee does not meet the condition of Section 15.7(3), but does satisfy the conditions in 15.7(1) and (2), he/she may purehase single or family health insurance coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by the retiree. 15.13 A reiiree may not carry his/her spouse as a dependent if such spouse is also a Ciry retiree or City employee and eligible for and is enrolled in the City's heatth insurance program. 15.14 For each eligible employee the Employer agrees to contribute the cost $20,000 of life insurance coverage. 15.15 Any cost of any premium for any City offered employee or family insurance coverage in excess of the dollar amounts stated in this Article shall be paid by the employee. 15.16 The Employer will provide a system whereby the employee's contribution towazd the premiums for the employee's selected health insurance coverages can be paid on a pre-tax basis. Employees covered by the Agreement w�iIl be eligible to participate in the Fleafibie Spending Account as offered by the Employer. The service fee charged to participating employees shall be paid by the Employer. 15.17 Employees covered by this Agreement shall be eligible to participate in the Dependent Care Reimbursement Account offered by the Employer. The service fee charged to participating employees shall be paid by Yhe Employer. � 15.18 The contributions indicated in flus Article shall be paid to the Employer's T'hird Parry Administrator. Survivor Insurance 15.19 The surviving spouse of an employee carrying 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 compensation law shall continue to be eligible for city contribution in the same proportions as is provided for retired employees In the event of the death of an eazly retiree or a regulaz refiree, the dependents of the retiree shall have the option, within thirty (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the premium and Employer contribution accorded to the eligible deceased retiree. It is further understood that coverage shall cease in the event of: (1) Subsequent remazriage of the surviving spouse of the deceased employee or retiree. (2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City heaith insurance for the first ninety � days of said employment. �s ARTICLE 16 - �IOLIDAYS �6.1 D3-1 Holiday recognized and observed. The following days shall be recognized and observed as paid holidays: New Years Day - January 1 Martin Luther King Day - 3rd Monday of January Presidents' Day - 3rd Monday of February Memorial Day - The last Monday of May Independence Day - Juty 4 Labor Day - lsi Monday of September Veterans' Day - November I 1 Thanksgiving Day - 4th Thursday of November The Day After Tl�anksgiving Christmas Day - December 25 Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fail on Saturday, the preceding Friday shall be observed as the holiday. VJhenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. [As clarification, floating holidays were included in the vacation accrual schedule 1/1/02] For those employees assigned to a work week other than Monday through Friday, the holiday shall be observed on the calendar date of the holiday. • 6.2 Eligibility Requirements In order to be eligible for a holiday with pay, an employee must be employed as of the date of the holiday and have paid hours on the payroll for that pay period. The amount of holiday time earned shall be based upon the number of non-holiday hours paid during that pay period. { See proration charts in Salary Plan and Rates of Compensation} For purposes of this section only, non- holiday hours paid include hours actuaily worked, vacauon time, compensatory time, paid leave and sick leave. 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 employees not heretofore eligibie shali receive holiday pay. 163 If an employee entitled to a holiday is required to work on Martin Luther King Day, Presidents' Day, Veterans' Day or the Day after Thanksgiving he/she shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the departrnent permiu, or helshe shall be paid on a straight time basis for such hours worked, in addition to his/her regular holiday pay. Employees assigned to a twelve (12) hour shift shall have holiday overtime using a twelve (12) hour value. � If an employee entitled to a holiday is required to work on New Yeaz's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Ckuistmas Day, he/she shail 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 addition to his/her regulaz holiday pay. Employees assigned to a twelve (12) hour shift shall have holiday overtime using a twelve (12) hour value. 19 ARTICLE 22 - TERMS OF AGREEMENT 22.1 � D3-tg I� Complete Agreement and Waiver of Bargaining - This Agreement shall represent the complete Agreement between the Union and the Employer. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make requests and proposals with respect to any subject or matter not removed by law from the area of collective bazgaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Employer and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collecrively with respect to any subject or matter referred to or covered in this Agreement. 22.2 Savings Clause - 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 this 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 witlun the time provided, such provision shall be voided. All other provisions shall continue in full farce and effect. 223 Terms of Agreement - 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 the 31 st day of December, 2004, and thereafter until modified or amended by mutual agreement of the parties. Either pariy desiring to amend, or modify this Agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1984. In witness thereof the parties have caused this Agreement to be executed this ��' day of February 2003. �4 This constitutes a tentative Agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Admiuistration of the City, the City Council, and is also subject to ratification by the Union. WITNESSES: ATIONAL iJNION OF OPERATING CITY OF SAINT PAUL NG ERS, LOCAL�NO. 70 � � -�,Jl-�—�.- L 2 J � �7 Terry altiner Date Labor Relations Manager � �2�2�'�l� y ���� Business Manaee Date v �-f�j�,� P� ent Date / _" y ��f)Giy�2!/1J Recording Secretary Date Uy`�� �c93 Business Representative Date ��i��L,�,.�.,- a_ao-a3 Negotiating Committee Date �.� �� °�a3 Negot ting Committee Date 22 ARTICf,E 22 - TERMS OF AGREEMENT (Continued) 0 3-► gb e c�,�-,� 1l� 2 2 °' ° � � Negotiating Committee e �%,:�--.�-- ����� ?/2�/=� Negotiating Committee Date C� />> O �. 2.�ZU� Ne�otiating Committee Date Negotiating Committee Date � s 23 APPENDIX A - WAGES The wage rates and salary ranges for classifications in this unit are as follows: � GRADE OlU 502 HOUSE CUSTODIAN II 12/28/02 12/27/03 A (1) 14.53 14.59 a 3,1 g� GRADE 02L3 231 CUSTODIAN 231M MODIFIED DUTY WORKER-CUSTODIAN A B C D (1) (2) (3) (4) 12/28/02 I 6.70 l 7.19 17.47 18.00 12/27/03 16.77 17.26 17.54 18.07 • 12/28/02 12/27/03 GRADE 03U 131 CUSTODIAN-ENGINEER I 631 CUSTODIAN-ENGINEER I--LIBRARY 632 CUSTODIAN-ENGINEER I--PUB SAFETY 131M MODIFIED DUTY VJORKER-CUSTODIAN ENGINEER I A B (1) (2) 19.10 19.95 19.18 20.03 GRADE 04U 132 CUSTODIAN-ENGINEER II 605 CUSTODIAN-ENGINEER II--LIBRARY 12(28(02 �27/03 A B �I) �2) 19.53 20.63 19.61 20.71 A-1 APPENDIX A - WAGES (Continued) GRADE OSU 133 CUSTODIAN-ENGINEER III 056A CUSTODIAN-ENGINEER III--LIBRARY ivaaioz 12/27/03 A B �1) �2) Zi.00 ZZ.i2 21.08 22.21 GRADE 06U 585 MAINTENANCE VJORKER 12/28/02 12/27/03 A B �1) �2) 21.10 21.93 21.18 22.02 GRADE 07U 12/28/02 12/27/03 A B �1) �2) 20.65 21.50 20.73 21.59 GRADE 08U S 15A VJATER PLANT OPERATOR I 12/28/02 12/27/03 A B �1) �Z) 21.00 21.84 21.08 21.93 GRADE 09U • 286A OPERATING ENGINEER 378 PtTMPING ENGINEER II 602A WATER TREATMENT PLANT OPERATOR II 12/28l02 12/27/03 A B �1) �2) 21.88 22.76 21.97 22.85 � � u A- 2 APPENDIX A - WAGES (Continued) � GRADE IOU 420 SEWER PUMPING STATION OPERATOR 12/28/02 12/27/03 A B C ( 22.85 23.68 22.94 23.77 GRADEIIU 624A CHEMICAL FEED SYSTEM REPAIRER 12/28/02 12(27/03 A B ��) �Z) 22.50 2337 22.59 23.46 GRADEI2U 281 PUMPING ENGINEER III • 12/28/02 12/27/03 A B �1) �2) 23.75 24.72 23.85 24.82 GRADEI3A • � 1 ' 779M MODIFIED DUTY WORKER-SECURITY OFFICER A B C D E F 10-yr. I S-yr. �I) (Z) �3) �4) �5) (6) ��) �g) 12/28/02 1125.76 117134 121333 1258.96 1308.06 136236 1390.32 142539 12/27/03 1130.26 I 176.03 1218.18 1264.00 1313.29 136'7.81 1395.88 1431.09 GRADEI3M 234 CUSTODIAN (LIGHT DUTI� 12/28J02 �/27/03 A B C D E F 10-yr. I S-yr. (i) ( ( ( � � ��) C8) 914.48 944.93 975.41 1007.08 1042.65 1078.12 1101.02 1125.05 918.14 948.71 97931 1011.11 1046.82 1082.43 1105.42 1129.55 A-3 APPENDIX A - WAGES (Continued) GRADE 13U 670 VJATER PLANT AIDE i2i2aio2 12/27.03 A B cl� �2> 19.11 19.99 19.19 20.07 GRADEISU 12/28/02 12/27/03 (I) (2) 20.60 21.72 20.68 21.81 GRADE 16U 464 SUPERVISING STATIONARY ENGINEER 12/28/02 12/27/03 A B �1) �2) 21.72 22.57 21.81 22.66 GRADE 017 A B C D E F 10-yr. 15-yr. (i) (�) � ( ( � (�) ( 12/28l02 978.90 1014.94 105234 1092.51 1135.47 1181.22 1211.69 123939 12/27/03 982.82 1019.00 1056.55 1096.88 1140.01 1185.941216.54 124435 GRADE 1'7A 519 SECURITY OFFICER-WATER UTiLITY 2Z8B SECURITY/SAFETY OFFICER-LIBRARY A B C D E F i 0-yr. 15-yr. (1) (2} (3) (4) (5) (6} (7) (8) 12/28l02 I 183.90 1222.10 1261.72 1304.35 135034 1401.45 1436.75 1468.73 12/27/03 1188.64 1226.99 1266.77 1309.57 1355.74 1407.06 1442.50 1474.60 . . � � u APPENDIX A - WAGES (Continued) GRADE 1N � 806 TRAINEE(CUSTODIAN ENGINEER) A B (I) (2) 12/28/02 10.30 10.63 12/27/03 1034 10.67 GRADE 18U 188A CUSTODIAL WORKER A B C D ��) �2) �3) �4) 12/28/02 14.87 1532 15.64 16.18 12/27/03 14.93 1538 15.70 I 6.24 GRADE 20U 216A BUILDING MAINTENANCE ENGINEER . 12/28/02 12/27/03 A (1) 21.96 22.05 GRADE 21U 259A *PARK RANGER 259M MODIFIED DUTY WORKER-PARK RANGER 656A PARK SECURITY OFFICER A B C D (1) � � � 12/28/02 10.00 10.60 11.21 12.04 12/27/03 10.04 10.64 11.25 12.09 GRADE 22U 117B POLICE SECURITY RANGER • 12/28/02 12/27/03 Start 6 mo. 1-yr. 2-yr. 3-yr. 4yr. 5-yr. (1) (2) (3) �4) �5) (6) ��) 10.00 11.60 12.04 12.65 13.25 13.71 14.60 10.04 11.65 12.09 12.70 1330 13.76 14.66 D3' i $ � A-5 APPEl\'DIX A - WAGES (Continued) Personnel hired for employment with the City after the date of the signing of this agreement, to a class listed i� ARTICLE 1 above, shall be compensated at the "0 - 6 months" hourly wage rate during their probationary period. After completion of the probationary period the employee shail be paid at the "af[er 6 months" hourly wage rate. Employees promoted from any class listed in ARTICLE 1 above to any class listed in ARTICLE 1 above shall receive the "after 6 months" hourly wage rate. Temporary employees shall be paid the minimum rate indicated in tkris APPENDIX for the classificarion in which they are employed. � • A_6 APPENDIX B- COMO PARK CONSERVATORY/ZOO LAYOFFS D 3'� $� � otwithstanding ARTICLE 53 of tlus Agreement, in the event it is determined by the EMPLOYER that it is cessary to reduce the work force at the Como Pazk Conservatory/Zoo work station, employees will be laid off based on the inverse order in which their names appear in ihis Appendi�c B, regazdless of the classification indicated follow�ing their name. Appendix B will only apply to the named employees herein as long as they remain continuously employed in the classification indicated and at the Como Pazk Conservatory/Zoo work station. In the event an employee's classification or work station is changed, this Appendix B will no longer be applicable to such employees. EMPLOYEE Edwazd Erichsen Thomas Stellwag Kenneth Reding Dennis Hermann CLASSIFICATION Custodian-Engineer II Operating Engineer Operating Engineer Operating Engineer This Appendix B will sunset when the last Custodian-Engineer II leaves the Como Park Conservatory/Zoo work station. i �� �