Loading...
03-188Council File # 03 — 1 Green Sheet # 204194 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � � Presented Referred To Comurittee Date 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 2003 - 2004 Collective Bargaining Agreement between the City of Saint Paul and AFSCME 3 Local 3757-Legal. Adopted by Council: Adoption Certified b By: Approved by y : By: � Date �/,�/ � �'d�3 Requested by Department of: Office of Labor Relations �� -� ��t✓��. /�4_ I PY - V '. � DEPARTMENT/OFFiCE/COUNCIL: DATE IINITIATED GREEN SHEET No.: 204194 LABOR RELATIONS February 20, 2003 CONTAGT PERSOA' & PH01E: � INITIAL/DATE Ih1TiALlDATE JLTLIE KRAUS 266-6513 ASSIGN 1 DEPAR7MENT DIIt �� 4 CIIY COUNCIL NUMBER 2 CITY AITORNEY � CITY CLERK MUST BE Ol� COtP.VCIL AGENDA BY (DATE) �R BUDCET DII2. F1N. & MGT. SERVICE DIIL October 11 � 2��� �uT�r' 3 MAYQR(ORASST.) TOTAL # OF SIGNA'IURE PAGES 1 (CLIP ALL LOCATTONS FOR SIGNATORE) ncaor xeQuesrEn: Tkris resolution approves the attached 2003 - 2004 Collecrive Bargaining Agreement between the City of Saint Paul and AFSCME Local 3757-Legal. RECOMMENDA710NS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSN'ER THE FOLLOW[NG QUESTIONS: PLANNING COMMISSION _CNIL SERVICE COMMISSION 1. Hu this person/firm ever worked under a contrac[ for this depariment? CB COMMITI'EE Yes No STAFF 2. Hu this person/firm ever bern a city employee? DISTRICT COURT Yes No SUPPORTS WHICH COUNCIL OBJECTNE? 3. Does this person/firtn possess a skill not nortnally possessed by any current ciry employee? Yes No Explain all yes answers on separate sheet and attach W green sheet INITIA7ING PROBLEM, ISSL'E, OPPORTUNI7'Y (WAo, Wha[, When, Where, Why): Collective Bargaining Agreement expired December 31, 2002. ADVANTAGESIFAPPROVED: An agreement in place through December 31, 2004. This agreement has been ratified by the union members. DISADVANTAGES IF APPROVED: None. R�r��yFp DISADVANTAGES IF NOT APPROVED: ��l1'G�R'S ,�'iFF,�F No agreement in place - labor unrest. TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACITVITY NUMBEA: FINANCIAI. INFORMATION: (EXPLAIn) o�-tr� ATTACHMENT TO THE GREEN SFIEET COLLECTIVE BARGAINING AGREEMENT WITH AFSCME LOCAL 3757- LEGAL Below is a suinmary of the changes in the Collective Bargaining Agreement between the City of Saint Paul and AFSCME 3757 - Legal. Duration• Waees: 2 yr agreement. January 1, 2003 - December 31, 2004. 2003 - 2.83% 2004 - .4% 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. Partial freeze on single insurance provided for a.1% additional ATB. 2003 Single: Family: 2004 Single: Family: $254.72 per month plus any increase in the 20�3 single premium up to $45 per month. ff the single premium increase is over $45, the Employer will contribute 50% of the amount over $45. (Total: $308.15) $393.20 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: $473.81) An amount equal to the average of the 2004 single insurance premiums. $473.81 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. VacationJHolidavs: Agreement to move floating holidays in to the vacation schedule in 2004. Agreed to use holiday eligibility pro ration language and chart beginning in 2004. This provides for administrative ease. Sick Leave• Change in language from 8 hrs per incident to 40 hrs per incident for use of sick leave for child or immediate family member. This brings language in line with other bargaining unit contracts. a�_trY Retiree life insurance: Agreed to language to document current practice of payment of $SOOO life insurance for early retirees. Compensatorv time• Renewal of compensatory rime language to continue experiment through the term of this agreement. AttorneXLicense Fees Agreed to pay the yearly fee for attomey license renewal starting in 2003. Cost of .27% deducted from the ATB increase. Other languaEe changes: Other language changes are of a housekeeping nature for clarification and clean up. Costs 2003 2004 Wages $ 72,054.42 $ 9,585.56 Insurance $ 22.848.72 $(actual unknown at this time) $ 94,903.14 $ 9,585.56 + insurance costs �r � _ 63� 1 1'Y. ' � _ = 2003 - 2004 _ . _ - � - � �. � � � �OL�,ECTIVE BARGt��IING AGR��M�NT ; � _ � � - _: � . ,.__. - . - , � between � �, �� _ � : -_ ,. TI�� CITI' QF °S�INT P�UL , r � _ � � ,and�-,� � �_ � � � , ,. _ - . - „ _ � ` -AFS�N�E'LOCAL 3757-LEGAL :�_ _ - _ - _ _ �3��g � INDEX ARTICLE TITLE PAGE Preamble .....................................................ii 1 Recognition ..................................................1 2 Severance Pay ................................................1 3 Management Rights ............................................4 4 Assignment of Work/Filling of Vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Residence ....................................................6 6 Check Off ....................................................6 7 Discipline ................................................... 7 8 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Grievance Procedure .......................................... 7 10 Wages/MeritPay ..............................................9 � 11 Saving Clause ................................................11 12 Insurance . .. 12 13 Vacation ....................................................16 14 Holidays ....................................................17 15 Leaves of Absence (including Matemity/Patemity Leave) . . . . . . . . . . . . . 18 16 Non-Discrimination ...........................................20 17 LegalServices ...............................................20 18 Seniority ....................................................20 19 City Mileage .................................................21 20 Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Appendix A - Salary Ranges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Al Appendix B - Compensatory Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B 1 Appendix C - Merit Pay System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cl Appendix D -Labor Management ............................... Dl � a 3-+s� • PREAMBLE This Agreement entered into between the City of Saint Paul, hereinafter referred to as either the 'Bmployer" or the "City," and the A.F.S.C.M.E. Local 3757-Legal hereinafter referred to as the Union, for the purpose of fostering and promoting harmonious relations between the City and the Union in order that a high level of public service can be provided to the citizens of the City. This Agreement attempts to accomplish this purpose by providing a fulier and more complete understanding on the part of both the City and the Union of their respective rights and � responsibilities. The provisions of this Agreement shall not abrogate the rights and/or duties of the Employer, the Union, or the employees as established under the provisions of the Public Employee Labor Relations Act of 1984, as amended. � ii ARTICLE 1 - RECOGNITION � � 1.1 The City recognizes the Union as the exclusive representative for AFSCME I.ocal 3757-Legal, as certified by the State of Minnesota Bureau of Mediation Services, dat� July 29, 1998, Case No. 77 PCL-48. This unit above consists of attomeys employed in the City who serve in the following job classificarions: Associate Attomey Attomey Senior Attorney 1.2 Employees employed in the above class titles and assigned to confidential and/or supervisory posirions are not included in this Agreement. 13 It is recognized that temporary employees aze within the unit covered by this Agreement if they work for more than 67 days per calendaz yeaz or are anticipated upon hire to be employed greater than 67 days, and meet the hours requirements of Minnesota Statutes 179A.03, subd. 14. A temporary employee, for purposes of this contract, is a person employed to fill a position of a specific limited duration, not to exceed one yeaz. Temporary employees shall not be eligible for vacation accrual, holiday pay, sick leave accrual, health or other insurance premium contributions by the Employer, except as are specifically provided for elsewhere in this Agreement. � ARTICLE 2 - SEVERANCE PAY 2.1 General. The Emp]oyer shali provide three (3) severance pay plans as set forth in this Article. The manner of payment of such severance pay shail be made in accordance with the provisions of City Ordinance No. 11490. Severance pay program(s) 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 shall control. 22 Eligibility. Any employee hired on or before December 31, 1983 may, upon meeting the qualifications of this articie or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section i, section 6, draw severance pay under the temis of any of the three severance plans described in this article. Any employee hired after December 31, 1983, but on or before October 29, 1988 is eligible to participate only in Plan 2 or Plan 3 as set forth in this article. Any employee hired after October 29, 1988 is eligible to participate oniy in Plan 3 as set forth in this article. The election by the employee to draw severance pay under one of the pians for which s/he is eligible shal] be made at the time of separation from service. Such election shali be irrevocable and the election of one of the plans shall bar the employee from eligibility to receive benefits under any of the other severance plans. L� ARTICLE 2 - SEVERANCE PAY (Continued) 23 Plan 1. Pian 1 is the severance pay plan described in Ordinance No. 11490, as amended by � Ordinance No. 16303. 2.4 Plan 2. In addirion to the eligibility requirements set forth above in 2.2, an employee must meet the following requirements to receive a benefit under Plan 2: 2.4(1) The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Public Employees Rerirement Association (PERA). The "rule of 85" or the "rule of 90" criteria shail also apply to employees covered by a public pension plan other than PERA. 2A(2) The employee must be voluntarily separated from City employment or have t, j r r l r; t,�, t��,,,ffAr saa��uls��3�setuemrut '�hase employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the City severance pay program. For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met aII of the requirements set forth above, at the rime of his or her death, payment of the severance pay will be made to the employee's estate or � spouse. For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such h�ansferee shall not be eligible for the City severance program. 2.4(3) The employee must have at ]east ten (10) years of consecutive service under the classified or unclassified Civil Service at the rime of separation. For the purpose of this Article, employment in either the City or in the Independent School Dishict No. 625 may be used in meeting this ten (10) yeaz service requirement. 2.4(4) The employee must file a waiver of reemployment with the Director of Human Resources, which will clearly indicate that by requesring severance pay, the employee waives all claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 2.4(5) The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his sepazation from service. � 2 ARTICLE 2 - SEVERANCE PAY (Continued) � 2.4(6) 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 :or the position held by the employee on the date of separation for each day of accrued sick leave subject to a masimum of $6,500. 2.5 Plan 3: In addirion to the eligibility requirements set forth above in 2.2, an employee must meet the following requirements to receive a benefit under Plan 3: 2.5(1) The employee must be voluntarily separated from City emp]oyment or have been subject to separarion by layoff or compulsory rerirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met ali of the requirements set £orth above, at the time of his or her death, payment of the severance pay shali be made to the employee's estate or spouse. 03�►$� For the purpose of this severance program, a transfer from the Ciry of Saint � Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible far the City severance program. 2.5(2) The employee must file a waiver of reemployment with the Human Resources Director, which wil] clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reempioyment (of any type), with the City or with Independent School District No. 625. 2.5(3) The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of his separation from service. 2.5(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 years of service in the City: � ARTICLE 2 - SEVERANCE PAY (Continued) Years of Service with the City Maximum Severance Pay � At Least ZO 21 22 23 24 25 ARTICLE 3 - MANAGEMENT RIGHTS $5,000 $6,000 $7,000 $8,000 $9,000 $10,000 3.1 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 o3te�ha5 nrL�ciall�atzridged delep�ated, or modified by this Agreement are retained by the Employer. 3.2 A public employer is not required to meet and negoriate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the Employer, its overall budget, utilization of technology, and organizational structure and selecrion and direcrion and number of personnel. 33 Employees may request in writing that the City Attorney consider a job-sharing arrangement. The City Attomey shall be free to deny or approve such proposed arrangements at his/her soIe discretion. If approved, both job-sharing employees must agree to the arrangement for its implementation. If so approved and agreed to, vacation, holiday, and sick leave benefits for the position shall be prorated based upon the hours each employee is assigned, but in no case may any employee work less than 50 percent time. Health insurance benefits shali be administered in accordance with Article 12. In the event that one of the employees is terminated or terminates employment, the Employer may with 10 calendar days norice, increase the remaining employee's work hours. Should the City Attomey determine that the arrangement does not meet work needs of the office, he/she may return both employees to full-time with 30 calendaz days notice. No aspect of these arrangements, including the approval or deniat, is subject to either the grievance or azbitration procedure. ARTICLE 4- ASSIGNMENT OF WORK/ FILLING OF VACANCIES 4. I The City Attorney retains the inherent mazcagerial right to assign work and fill vacancies. These management decisions aze not subject to grievance or arbitration. 4.2 Classifzcation Specifications. Each position represented by this bazgaining unit shall be assigned to one of three job classes (Associate Attomey, Attomey, Senior Attorney) as defined by the advisory class specifications which shall include such information as the c3escripTion of the duties normally associated with the classification, the competencies normally demonstrated by the incumbents, and the minimum qualifications for the classification. These classification specifications aze subject to modification by the City Attomey at his/her discretion and are not grievable/arbitrable. C� � 4 ARTICLE 4- ASSIGNMENT OF WORK/ FILLING OF VACANCIES ���� �� (Continued) . 43 Vacancy. A vacancy exists when a new position is created, or when an incutnbent transfers or permanently sepatates from a position that is represented by this bargaining nni The City Attomey maintains the right to determine when a vacancy exists, the classification ofthe vacancy, and retains the right to fill the vacancy, reassign the duties of the vacancy among other positions or eliminate the duties of the vacancy. 4.4 Notification. The City Attomey or his/her designee, agees to provide a general notification to current employees by e-mail or other suitabie means of a vacancy which the City Attomey intends to fill and to permit employees to express interest in the vacancy. Such notification shall include: a description of the duties assigned to the vacant position, the classification of the position, the salary range for the classification, the timelines for expressing interest in the position, the selection processand, to the extent not included in the class specification, the minimum and preferred qualifications for the position. 4.5 Expression of interest. Employees expressing an interest in a vacancy will be given consideration for the position, and wiil be provided an interview if they meet the minimum qualifications listed for the vacant position. The final decision on whether an employee meets minimum qualifications or is appointed to a vacancy is the City Attorney's and may not be grieved or arbitrated. � 4.6 Unsuccessful candidates. An employee who is not granted an interview, or who is granted an interview for a vacancy but not selected shall, upon request, be granted a follow-up meeting to discuss the reasons for non-selection. 4.7 Probation. An internal candidate who is selected to fill a vacancy in a higher classification shal] serve a probationary period of twelve months in the new job class. If the employee successfizlly completes the probationary period, s/he shall be classified into the higher class. If s/he does not successfulfy complete probation, slhe may return to his/her prior job classification. 4.8 Rectassifzcation. Nothing in this section 4.8 should be construed to limit the City Attomey's discretion to reclassify positions at any time. 4.8.1. Guideline. An employee is presumed to be working within the correct classification if the empioyee's minimum qualifications, level of expertise, and at least fifty percent (50%) of his/her regularly assigned duties are those normally associated with his/her job ciass. 4.8.2. Petition for reclassifcation evaluation. The Union may file a petition for reevaluation of the job ciass of an employee who believes in good faith that the employee's level of expertise and more than fifty percent (50%) of his/her regulaziy assigned duties aze those commonly amibuted to a higher classification , and that s/he meets the m;n;mum qualifications for the higher classificarion. Such a petition may not be filed within one year of a prior petition and must be submitted to the Office of Human Resources, with a copy to the City Attorney. ARTICLE 4- ASSIGNMENT OF WORK/ FILLING OF VACANCIES (Continued) 4.83 Evaluation by Human Resources �ce. Once a petition for reevaluation has been � filed, the Office of Human Resources shall conduct an evaluarion of the position and issue a written recommendarion as to whether reclassification is appropriate. Whenever possible, the Human Resources Office shall attempt to complete the evaluation within 90 days of receipt of a petition. 4.8.4 Implementation by CiryAnorney's Offzce. Prior to 1/1/02, the recommendation of the Human Resources Office as to the allocation of a posirion shall be advisory to the City Attomey and shall not be binding on the City Attorney. Effective 1/1/02, if the Human Resource Office recommendation is to reclassify the position upward, the City Attomey must either reciassify the position or eliminate from the position those duties that aze not consistent with the employee's existing slass�ati�n �e ��i3�A�P}�s c�aise brtwPensectaSSifi�atin�o� ;T• of duties shall not be grievable/arUitrable. If the decision to reclassify the position leads to a pay increase for the employee, such pay increase shall become effective the beginning of the first pay period following the written recommendation by the Office of Human Resources. ARTICLE 5 - RESIDENCE 5.1 Employees covered by this Agreement shall have no residency requirements or restrictions. � ARTICLE 6 - CHECK OFF 6.1 The Employer agrees to deduct the Union membership iniriarion fee assessments and once each month dues from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the Employer by a representative of the Union and the aggregate deductions of all employees shail be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 6.2 Any present or future employee who is not an Union member shall be required to contribute a fair shaze fee for services rendered by the Union. Upon norificarion by the Union, the Employer shall check off said fee from the earnings of the employee and transmit the same to the Union. In no instance shall the required conhibution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in retationship to negotiations and administration of grievance procedures. It is also understood that in the event the City shail make an improper fair share deduction from the eamings of an employee, the Union shall be obligated to make the City whole to the extent that the City shall be required to reimburse such employee for any amount improperly withheld. This � provision shall remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. ARTICLE 6 - CHECK OFF 03 �$� � 6.3 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, order or judgments brought or issued against the City as a result of any acrion taken or not taken by the City under the provisions of this Article. ARTICLE 7 - DISCIPLINE 7.1 The Employer may discipline employees in any of the forms listed below: 7.1(1) Oralreprimand; 7.1(2) Writtenreprimand; Z1(3) Suspension; 7.1(4) Demorion; 7.1(5) Dischazge The Employer will discipline for just cause only. � 7.2 Discharges will be preceded by a five (5) working day preliminary suspension without pay. During said period the employee and/or Union may request, and shal] be entitled to a meeting with the Employer representative who iniriated the suspension with intent to discharge. During the five (5) day period, the Employer may affirm the suspension and discharge in accordance with Civil Service Rules or may modify, or withdraw same. ARTICLE 8- STRIKES, LOCKOUTS, WORK INTERFERENCE 8.1 The Union and the Employer agree that there shall be no strikes, work stoppages, slow-downs, sitdown, stay-in, or other concerted interference with the Employer's business or affairs by said Union andlor members thereof, and there shall be no bannering during the existence of this Agreement without first using all possible means of peacefu] settlement of any controversy which may arise. Employees engaging in same shall be liable for disciplinary action. 8.2 No lockout, or refusal to allow employees to perform available work, shall be instituted by the Employer and/or its appointing authorities during the life of this Agreement. ARTICLE 9 - GRIEVANCE PROCEDURE 9.1 A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances. However, this Article does not abridge grievance rights possessed by eligible veterans under applicable veterans' rights statutes. � 9.2 The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duries and responsibiliries established by this Article. The Union shall no6fy the Employer in writing of the names of such Union Representatives and of their successors when designated. The Employer shall notify the Union in writing to its designated representatives. ARTICLE 9 - GRIEVANCE PROCEDURE (Continued) 9.3 It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duries and responsibilities of the � employees and shall therefore be accomplished during normal working hours when consistent with such employee duries and responsibilities. The aggrieved employee and an Union Representative shall be allowed a reasonable amount of rime without loss of pay when a grievance is invesrigated and presented to the Employer during normal working hours provided that the employee and Union Representarive have notified and received the approval of designated supervisor and provided that such absence is reasonable and would not be detrimental to the work programs of the Employer. It is understood that the Employer shall not use the above limitarion to hamper the processing of grievances. 9.4 Grievances, as defined by Section 9.1, shall be resolved in conformance with the following procedure: Step 1. An employee claiming a violarion conceming the interpretation or application of t1liS AgrOPment ghaii w;th;n tw��_one (�},calendaz.,da}�s�a$�r�uch alle�ed violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shail be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 by the Union within fifteen (15) calendar days after the Employer-designated representarive's finat answer in Step l. Any grievance not appealed in wriring to Step 2 by the Union within fifteen (15) calendar days shall be considered waived. • Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Union Employer's Step 2 answer in writing within ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten {I O) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representarive. The Employer-designated representarive shall give the Union the Empioyer's answer in writing within ten (10} calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the employer-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The arbitration proceedings shall be conducted by an azbitrator to be selected from a permanent panel of five (5) arbitrators. Arbitrators shall be selected by lot within twenty (ZO) work days after notice has been given. � ARTICLE 9- GRIEVANCE PROCEDURE (Continued) p 3') $� In the event the Employer and the Union cannot mutually agree to five (5) arbitrators for the permanent panel, the parties will petition the D'uector of the Bureau of Mediation � Services for a list of ten (10) arbitrators for each panel member for which the parties didh list(s), the Employer striking first, until one (1) name remains. Vacancies occurring on the permanent panel during the life of this Agreement shall be filled by mutual agreement of the parties. If the parties cannot mutually agree, the vacancy shall be filled by the process noted in the preceding paragraph. Step 5. The arbitrator shall have no right to amend, modify, nullify, ignore the terms and condirions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. 1'he arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in anyway the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing, copies to both parties and the Bureau of Mediation Services within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shal] be based solely on the arbitrator's interpretation or applicarion of the express terms of this Agreement and to the facts of the grievance presented. � 9.5 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and wimesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shal] be shared equally. 9.6 If a grievance is not presented within the rime limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Empioyer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the iJNION may elect to treat the grievance to the next step. The time limit in each step may be extended by mutua] written agreement of the Employer and the Union in each step. ARTICLE 10 - WAGES/MERIT PAY 10.1 Implementation of classification study, 2/26/00. Bazgaining unit members employed by the City Attomey's Office as of the final date of signing of this labor ageement shall be allocated to the classificarion and coaesponding salary range indicated in the February 18, 2000 Final Ailocarion report (and/or finai reconsideration report) issued by the Office of Human Resources. Employees shali convert to their new classification/salary range, � effective February 26, 2000. ARTICLE 10 - WAGES/MERIT PAY (Continued) For the merit raises that would normally be due for the 7uly 1999 - 7une 2000 performance period, the City Attomey agrees to suspend his discretion to awazd merit pay � and to utilize the entire amount to help fund the implementation of the classification study. 10.2 Internal equity adjusrnzents and/or general increases for non-impacted employees, 1/1/00 and, 2/26/00. In conjunction with 10.1 above, genenl increases and/or equity adjustments/placements agreed to by fhe parties at negotiations wiit be paid retroactive to either 1/1/00 or 2/26l00 for time worked or paid up to the date of execution, based on the placement chart agreed to by the parties and attached hereto as Appendix D. These addirional increases/adjushnentslplacements shall be added to individual employee salaries and shall not change the salary ranges established under 10.1 above. Internal equity adjustments, 1/1/01. The final three equity adjushnents agreed to by the parties shall be made, effective 1/1/Ol (or ciosest pay period) based on the placement chart agreed to by the parties as shown on Appendix D. Sui the calculation of the 1!1/Ol general wage adjustment. 20.3 General wage adjustment, 1/1/03. Effecrive January 1, 2003 (or closest pay period) a11 salary rates applicable to individuals in this bazgaining unit (as wel] as the minimum, midpoint and maximum rates for each salary range) shall be increased 2.83%. Reh wage adjustments shall only apply to employees who were employed by the City as of the date of signing this Agreement. � 10.4 Merit-based increases, 7/1/2001, 7/1/2002. Beginning with the 7/2000-6/2001 performance evaluations, the City Attomey shall determine which members of this bazgaining unit shall be entifled to merit pay each performance evaluarion year (July-June). This determination shall be based on the employee's performance rating for the entirety of the previous yeaz. (The City Attomey retains the right to determine how and when to administer merit-based increases for employees who have noi been employed in the City Attomey's Office for the entirety of the evaluarion period). Such merit pay raises shall be effective on the first full pay period foliowing July lst of each year, and shall be for the amounts listed below, based on the "mid poinY' for each classification as defined and listed in Appendix A: Performance rating 4. Leve] 4.0% of midpoint added to base 3. Level 2.5°/a of midpoint added to base 2. Level 0% 1. Level 0% All merit increases will be calculated as a percentage of the midpoint of the salary range assigned to the employee's class title. An employee's base salary shall not be increased above the salary range maximum for his/her title. If the merit increase awarded would � result in an increase above the salary range maximum, the emp]oyee's base salary will be adjusted to the range maximum and the balance of the increase wiIl be paid to the employee in a lump sum. If employee is at the salary range maximum, the entire merit based increase will be paid to the employee in a lump sum. 10 ARTICLE 10 - WAGES/MERIT PAY (Continued) �3-i$� The City Attorney shall make a reasonable good faith effort to have performance � evaluations completed by July 1 of each applicable year. If for some reason, the evaluations are not complete, merit increases shaii app]y retroactively to the first full pay period after July 1 st of that year. The substantive judgement of the employee's supervisor regazding the employee's performance shall not be subject to the grievance procedure of this agreement nor shall it be subject to azbitration. 10.5 City Attorney adjustments. The City Attorney reserves the right to increase salaries during the mid-term of the Agreement for intemal promorion, equity �eahnent, assumption of increased responsibility or authority, employee retention or other business- related reasons. The decision of the City Attomey, both as to the amount of such merit raise and as to the method by which it shall be given, shall be at the sole discretion of the City Attorney and shall not be subject to the grievance procedure of this agreement, nor shali it be subject to arbih 10.6 General wage adjustment, 1/104 . Effective January 1, 2004 (or closest pay period) all salary rates applicable to individuals in this bargaining unit (as well as the minimum, midpoint and maximum rates for each salary range) shail be increased .4% percent. � 10.7 Salary upon class change - reallocation or promotion to a higher class. Upon reallocation or promotion to a higher class, an employee shall normally receive a salary increase of at ]east 4% or shall be moved to the bottom of the new salary range (whichever is greater). A higher salary increase may be granted at the discretion of the City Attomey and shall not be subject to the grievance/arbitration procedure of this agreement. 10.8 Salary upon position change within the same classification. An employee's salary rate shall not be changed upon transfer from one position within a classification to another position within the same classification, except as deemed necessary by the City Attomey under 10.5 above. 10.9 Salary upon class change to a lower title. An employee who is demoted/laid off/reallocated to a lower class for any reason other than demotion for cause shail retain his/her current rate of pay uniess that rate is higher than the nnge maximum for the new classification. In that case, the employee's pay rate shall normally be adjusted to the maximum £or the new lower classification. Exceptions to this general rule {i.e., to ailow the pay rate to remain above the maximum) shall be made at the discretion of the City Attomey. r � �J ARTICLE 11 - SAVING CLAUSE I 1.1 This Agreement is subject to the laws of the United States, the State of Minnesota. In the event any provisions of this Agreement shail be held to be contrary to law by a court of competent jurisdiction from whose finai judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions shall continue in full force and effect. T'he voided provision may be renegoriated at the written request of either party. Al] other provisions of this Agreement shali continue in full force and effect. 11 ARTICLE 12 - INSURANCE Retiree Insurance 12.1 Employees who rerire must meet the foliowing conditions at the time of retirement in order to be eligible for the Employer contributions, listed in Secrions 12.2 through 12.5 below, toward a health insurance plan off'ered by the Employer: 12.1(I) 12.1(2) 12.1(3) Early Retirees 12.2 123 Be receiving benefits from a public employee rerirement act at the rime of retirement, and Have severed his/her relationship with the City of Saint Paul foz reasons other than misconduct, and Have completed at least 20 years with the City of Saint Paui. This Section shall apply to full time employees who: 12.2(1) Retire on or after January 1, 1996, and 12.2(2) Were appointed on or before December 31, 1995, and 12.2(3) Have not attained age 65 at rerirement, and 12.2(4) Meet the terms set forth in Section 12.1 above, and 12.2(5) Select a heaith insurance plan offered by the Employer Until such employees reach sixty-five (65) years of age, the Employer agrees to contribute a maximum of $350 per month toward the cost of single or family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. In addition, the Employer wili contribute the cost for $5,000 life insurance coverage until the retiree attains the age of sixty-five (65). When such early retiree attains age 65, the provisions of Section 12.4 will apply. This Section shall apply to full time employees who: 123(1) Retire on or after January 1, 1996, and 12.3(2) Were appointed on or after January 1, 1996, and I23(3} Have not atfained age 65 at retirement, and 123(4) Meet the condirions of Secrion 12.2 above, and 123(5) Select a health insurance plan offered by the Employer. � � Until such retirees reach sixty-five (65) years of age, the Errcployer agrees to coniribute a maximum of $300.00 per month toward the cost of single or family health insurance coverage. Any unused portion shall not be paid to the retiree. In addirion, the Employer will contribute the cost for $5,000 life insurance coverage unri] the retiree attains the age of . sixty-five (65). 12 .. � �� � ARTICLE 12 - INSURANCE (Continued) When such early reriree attains age 65, the provisions of Section 12.5 shall appiy. Regular Retirees (Age 65 and over) 12.4 This Section shall appiy to fuii time empioyees who: 12.4(i) Retire on or after January 1, 1996, and 12.4(2) Were appointed on or before December 31, 1995, and 12.4(3) Have attained age 65 at rerirement, and 12.4(4) Meet the terms set forth in Section 12.1 above, and 12.4(5) Select a heaith insurance plan offered by the Employer The Employer agrees to contribute a maximum of $550.00 per month toward the premium for single or family health insurance coverage offered by the Employer to regular retirees and their dependents. Any unused portion of the Employer's contribution shali not be paid to the retiree. This Section shall also apply to early retirees who retired under the provisions of Section 12.2 when such retirees attain age 65. � 12.5 This Section shall apply to full time employees who: 12.5(1) Retire on or after January 1, 1996, and 12.5(2) Were appointed on or after January l, 1996, and 12.5(3) Have attained age 65 at retirement, and 12.5(4) Meet the conditions of Section 12.1 above, and 12.5(5) Select a heaith insurance plan offered by the Employer. The Employer agrees to contribute a maximum of $300.00 per month toward the cost of single or family health insurance coverage offered to regular retirees and their dependents. Any unused portion shall not be paid to the retiree. This Section shal] also apply to early retirees who retired under the provisions of Section 123 when such early retirees attain age 65. � 12.6 If an employee does not meet the conditions of Section 12.1(3), he/she may purchase 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. Any employee who is receiving a PERA disability benefit, or who is eligible for or receiving a retirement annuity from a Minnesota public pension plan, may continue to participate indefinitely in the City's group medical insurance pian at his/her own expense. 12.7 A reriree may not carry his/her spouse as a dependent if such spouse is aiso a City retiree or City employee and eligible for and is enrolled in the City health insurance program. 13 ARTICLE 12 - INSURANCE (Continued) 12.8 A retiree's participation in the City's health insurance plan must be continuous. The retiree must be pazticipating in a City health insurance plan at the time of retirement. If a retiree chooses not to participate at the time of his/her retirement or if a retiiee discontinues his/her participarion at a later date, such retiree wili not be eligible for any future participation or for any Employer contribution. SurvivorInsurance 12.9 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 compensarion 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 early retiree or a regulaz reriree, the dependents of the retiree shall have the option, within thirty (30) days, to continue the cuaent hospitalization and medical benefits which said dependents previously had, at the premium and Employer contribution accorded to the eligibie deceased retiree. � It is further understood that covenge shall cease in the event of: 12.9(l ) Snbsequent remarriage of Yhe surviving spouse of the deceased employee or retiree. � 12.9(2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. Active Employee Insurance 12.10 Effective for the January, 2003 insurance premiums, for each eligible employee covered by tlus agreement who is employed fuil-time and who selects single empioyee 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 single health insurance premium increase is over forty-five ($45.00) dollars, the Employer will contribute 50% of the amount over forty-five ($45.00) dollars. For each eligible full-time employee who selects family health insurance coverage, the Employer wi21 contribute $393.20 [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 $110.00, 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). 14 �3�� �� ARTICLE 12 - INSURANCE (Continued) � Effective for the January, 2004 insurance premiums, for each eligible employee covered by this agreement who is empioyed fuli-time and who selects singie employee health insurance coverage provided by the Employer, the Employer agrees to contribute an amount equal to the average of the 2004 single insurance premiums. For each eligible full-time employee who selects family health insurance coverage, the Employer will contribute $473.81 [amount of the 2003 family contriburion] per month plus 65% of the family premium increase in 2004 up to $71.SQ per month, ff the 2004 family premium increase exceeds $1 I 0.00, 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). For three-quarter time employees who select family health insurance coverage, the Employer agrees to contribute 75% of the contribution provided to full-time employees per month. For half-time employees who select family health insurance coverage, the Employer agrees to contribute 50% of the contribution provided to full-time employees per month. � If the number of health plans increases, the contribution increases will be based on the plan that is most similaz to the plan available during the prior yeaz. Employees shall not use pre-tax Employer contribution insurance dollazs for the purchase of long term or short term disability covenge. Part-time empioyees who aze permanently appointed to a full-time (80 hours per biweekly period) position aRer the commencement of the plan year, shall be made eligible for the full-time benefits after they have completed at least forty hours in a monthly qualifying pay period as a full-time employee. Full-time employees who are permanently appointed to a part-time (less than 80 hours per biweekly period) position after the commencement of the plan yeaz shall be reduced to the benefit level applicable for the hours scheduled by the deparhnent. Such reduction shall take effect on the first month the employee does not complete a monthly qualifying pay period as a full-time employee. 12.11 For the purpose of this Article, fuli-time empioyment is defined as appearing on the payroll an average of at least 32 hours per week for the twelve (12) month period preceding the annual open enrollment or special enrollments or the six-f6j�montit period preceding initial enrollment. 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 rivelve (12) month period � preceding the annual open enrollment or special enrollments or the si�r{6}�nentk period preceding initial enrollment. IS ARTICLE 12 - INSURANCE (Continued) Aaif-time employment is defined as appearing on the payroll an average of at least 20 hours per week but less than 26 hours per week for the twelve (12) month period preceding Yhe annnal open enrollment or special enroliments of the period preceding initial enrollment. 12.12 All eligible employees regardless of the number of average hours worked must select at least single coverage hospital-medical insurance and employee life insurance in an amount $5000. 12.13 The contributions indicated in tlus Article 12 shall be paid to a third party administrator and shali not be considered salary. ARTICLE 13 - VACATION 13.1 For 2003, vacation credits shall accumulate at the rates shown below for each ful] hour on the payroll, excluding overtime. Years of Service 1 st year thru 8th yeaz 9th yearthru 15th year l 6th year and thereafter Hours of Vacation .0577 (15 days) .0770 (20 days) .0962 (25 days) For 2004, vacation credits shall accumulate at the rates shown below for each full hour on the payroll, excluding overtime. Years of Service 1 st year thru 8th year 9th yearthru 15th year l bth yeaz and thereafter Hours of Vacation .0654 (17 days) .0846 ( 22 days) .1038 ( 27 days) 13.2 The head of the department may permit an employee to carry over into the "vacation year" up to one hundred twenty (120) hours of vacation. For the purpose of this articie the "vacarion year" shall be the fisca] year (IRS payroll reporting yeaz). 133 The above provisions of vacation shall be subject to the Saint Paul Salary Pian and Rates of Compensation, Section I, Sub. H. 13.4 If an employee has an accumularion of sick leave credits in excess of one hundred and eighty days, the employee may convert any part of such excess of sick leave at the rate of one-half day's vacation for each day of sick leave credit. No employee may convert more than ten (10) days of sick leave in each calendar yeaz under this provision. � • � tG �3-� $ � � ARTICLE 14 - HOLIDAYS 14.1 Holidays recognized and observed. The following days shal] be recognized and observed as paid holidays. New Year's Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Day After Thanksgiving Christmas Day Two floaring holidays Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fail on Sunday, the succeeding Monday shali be observed as the holiday. � 14.2 The floating holidays set forth in Section 14.1 above may be taken at anytime during the contract year, subject to the approval of the Department Head of any employee. Effective for 2004, floating holidays sha]] be eliminated and added to the vacation accrual rate schedule. 143 Eligibility Kequirements. In order to be eligible for a holiday with pay, an empioyee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an emp]oyee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary, emergency nor other employees not heretofore eligible shaii receive holiday pay. Effective for 2004, 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 eamed shall be based upon the number of non-holiday hours paid to the employee during that pay period (see proration charts in Salary Plan and Rates of Compensation). For the purpose of this section only, non-holiday hours paid includes hours actually worked, vacation rime, compensatory time used, paid leave and sick leave. It is further understood that neither temporary nor other employees, not heretofore eligible, shall receive holiday pay. I � 14.4 Notwithstanding 14.3, a temporary employee shall be eligible for holiday pay after such employee has been employed as a temporary employee for sixty-seven (67) consecutive work days. No temporary employee shall be eligible for any floating holidays. I? ARTICLE 15 - LEAVES OF ABSENCE 15.1 Each eligible employee shall accumulate sick leave credits at the rate of .0576 of a working hour for each full hoar on the payroll, exctuding overtime. 15.2 Any employee who has accumulated sick leave credits as provided above shall be granted leave with pay, for absences due to an illness or injury of the employee for such period of time as the employee's supervisor deems necessary and may be granted leave with pay for such time as is actually necessary for office visits to a doctor, denrist, optometrist, etc. LJ An employee may use personal sick leave benefits provided by the Employer for absences due to an illness or injury to the emptoyee's child for such reasonable periods as the employee's attendance with the child may be necessary, on the same terms the employee is able to use sick leave benefits for the employee's own illness or injury. An emp oyee may a so use up o 0 ours o siek leav� in the ca� or disabitity of a member of his/her household in order to care for or make arrangements for the care of such sick or disabled person. This section applies only to personal sick leave benefiu payable to the employee from the Employer's general assets. For purposes of this section, "personal sick leave benefits" means time accrued and available to an employee to be used as a result of absence from work due to personal illness or injury, but does not include short-term or long-term disability or other salary continuation benefits. � 153 Any employee who has accumulated sick leave credits, shall be granted one day of such leave to attend the funeral of the employee's grandparent or grandchild, and as much rime as the employee's supervisor deems necessary for the death of the employee's mother, father, spouse, child, bmther, sister, mother-in-law, father-in-taw, or other person who is a member of the household. 15.4 An employee shall be granted up to a total of sixteen (16) hours during a school year to attend school conferences or classroom activities retated to the employee's child, provide@ 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, the emp]oyee 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. 15.5 Voluntary Unpaid Leave ofAbsence. A full-rime employee may be granted up to 480 hours of voluntary leave of absence without pay during the fiscal year. During such leave of absence, the employee shall continue to eam and accrue vacarion and sick leave, seniority credits and maintain insurance eligibility as though he or she was on the payroll. Any leave of absence granted under this provision is subject to the approval of the Department Head. � � 03 ,,�� ARTICLE 15 - LEAVES OF ABSENCE (Continued) • 15.6 Adoption Leave. In case of an employee adoption of a chiid up to five years of age, employees shall be permitted to carry over into the following fiscai year up to 80 additional hours of accrued vacation time each year up to a total of 240 hours. For up to two years from the date of the execution of this Agreement, employees may additionally borrow up to 80 hours of unaccrued vacation time from the next fiscal year. These two adoprion provisions shali apply only to one City employee in the event that both adoptive parents are City employees. 15.7 Employees will be granted leaves of absence in accordance with the Family Medical Leave Act (FMLA). The employer agrees that under FMLA each eligible employee is entitled to take up to twelve (12) weeks of unpaid leave in any twelve month period for any of the following reasons: (According to City policy, available sick leave must be supplemented for conditions specified as eligible fox sick leave in this agreement). • Birth of a child of the employee and in order to care for the child. • Placement of a child with an employee for adoption or foster caze. • Take time off from work because of the employee's own serious health condition. � In order to care for the spouse, pazent or child of the employee when said . spouse, pazent or child has a serious health condition. 15.8 Matemity/Parental leave. Matemity is defined as the physicai state of pregnancy on an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the Employer may approve such leave at its option, and such leave may be no longer than one (1) year. Pregnant employees of the City of Saint Paul shall be eligible for the use of paid sick ]eave and unpaid leave of absence in the same manner as any other disabled or ill Ciry employee. Such paid sick leave eligibility shali begin upon certification by the employee's attending physician that the employee is disabled in terms of her abi]ity to perform the duties of her position. I 5.9 A twetve (12) month Parental leave of absence without pay shall be granted to a natura] parent or an adoptive pazent, who requests such leave in conjunction with the birth or adoption of a child. Such leave may be extended an additiona] 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 shall not be subject to the provisions of Article 9 of this Agreement. Employees who return following such leaves of absence shall be placed in a position of equivalent salary and tenure as the one held just prior to the . beginning of their leave. 19 ARTICLE 16 - NON-DISCRIMINATION 16.1 The terms and conditions of this Agreement will be applied to employees equally without • regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, or because of inembership or non-membership in the Union. 16.2 Employees wilt perform their duties and responsibiIities in a non-discriminatory mamier as such duties and responsibilities involve other employees and the genenl public. ARTICLE 17 - LEGAL SERVICES/FEES 17.1 Except in cases of malfeasance in office or wiiiful or wanton neglect of duty, the Employer shall defend save harmless and indemnify employee against tort claim or demand whether groundIess or othenvise arising out of alleged acts ar omission occurring in the performance or scope ofth . 17.2 Notwithstanding Article 17.1, the Employer shall not be responsible for paying any legal service fee or for providing any legal service arising from any legal action where the employee is the Plaintiff. 17.3 The Employer shall pay for the cost of the license fee for retention of the employees attomey license. Employees shall provide the appropriate licence renewal form to the Union president who shall present said forms to the accounts payable staff in a timely manner such � that payment may be made prior to any deadlines for renewal. ARTICLE 18 - SENIORITY 18.1 Seniority, for che purpose of this Agreement, sha11 be defined as follows: The tength of continuous, regular or probarionary service with the City Attorney's O�ce from the date an employee was first appointed to an attomey posirion represented by this bargaining unit. 18.2 Seniority shall terminate when an employee retires, resigns, or is dischazged. 18.3 In the event it is determined by the Employer that it is necessary to reduce the work force, employees wilt be laid off by class tiUe based on inverse length of City Attomey seniority as defined above. 18.4 When the number of employees in a higher title is to be reduced, employees in the higher ritles who have more City Attomey seniority than employees in lower titles which aze in this bargaining unit will be offered reductions to the highest of these titles to which City Attorney seniority would keep them from being laid off, before layoffs are made in any c]ass title. . F� a3'� $$ ARTICLE 18 - SENIORITY(Continued) � 18.5 Employees who have held class tities represented by this bargaining unit who subsequently accept appoinhnents or assignments to attorney positions which are not represented by this bargaining unit shall be allowed, in al] cases, to retum to the curtently held or comparable class title represented by this bazgaining unit upon completion of such appointments or assignments. The rivo attomeys providing legal services in the azea of Labor Relations were allocated to the Senior Attomey classification as part of the February 18, 2000 classification study. Any Deputy City Attomey or Supervisor incumbents who have rights back into the bargaining unit and who were not allocated as part of the 2/18/00 study will be allocated to one of the new classes when and if they retum to an appointment/assignment represented by this bargaining unit. Nothing in this section shall be construed to negate any other agreements with regazd to these employees. ARTICLE 19 - CITY MILEAGE 19.1 Chapter 33 of the Saint Paul Administrative Code shali be superceded for members of this bargaining unit and replaced by sections 19.2 and 193 below. 19.2 To be eligible for mileage reimbursement, an empioyee must receive written authorization in advance from the Department Head. 19.3 When an employee is required to use his/her personal automobile to conduct authorized � City business, the City shali reimburse the employee at the then current Federal I.R.S. mileage reimbursement rate on the most direct route. 19.4 When an empioyee is required to park his/her automobile at on off-site location while conducting City business, the City shall reimburse the employee for the parking expense. Nothing in this section shall be construed to authorize the City's payment of the employee's normai daily pazking expenses. ARTICLE 20 - DURATION AND EFFECTIVE DATE 20.1 Complete Agreement With Waiver of Bargaining. This Agreement shail represent the complete Agreement between the Union and the Empioyer. The parties acknowledge that during the negotiations which resuited 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 bargaining, 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 shali not be obligated to bazgain collectively with respect to any subject or matter referred to or covered in this Agreement. • 21 ARTICLE 20 - DURATION AND EFFECTIVE DATE (Continued) • 20.2 Except as herein provided this Agreement shall be effective as of January 1, 2003 and shall conrinue in full force and effect thru December 31, 2004, and thereafter unril modified or amended by mutual agreement of the parties. Either pariy desiring to amend or modify this Agreement shall norify the other in wriring so as to comply with the provisions of the Public Employment Labor Relarions Act of 1984. 20.3 T'his consritutes a tentative agreement between the parties which will be recommended by the Director of Labor Relations, but is subject to the approval of the Administration of the City, the City Council and is also subject to the ratification by the Union. • • WITNESSES CITY OF SAINT PAUL � Terry a tiner Labot' Relations Manager �' ��� Date LOCAL iTNION N0. 3757, DISTRICT COUNCIL NO. 14 OF THE AMERICAN FEDERATION OF STATE, COUNTY AND MC7NICIPAL EMPLOYEES LEGAL � � Kurt Errickson Business Representative Peter Mc 11 President Z /Z ��6 � Dat� 22 p 3-� 8 `� �3-i � 8� �PENDIX A Salary ranges appiicable to titles covered by this Agreement shall be as shown below: Effecrive 1/1/03 (or closest Job Class Associate Attomey Attorney Senior Attorney Bffective 1/1/04 (or closest Job Class Associate Attorney Attorney Senior Attomey � Range Minimuxn �44, ( "�1691.98) $56,155 ($2151.53) $67,059 ($256931) Range Minimum $44,337 ($1698.75) $56,380 ($2160.14) $67,327 ($2579.59) Mid Point $57,518 ($2203.75) $72,838 ($2790.72) $86,659 ($3320.26) Mid Point $57,748 ($2212.57) $73,129 ($2801.89) $87,005 ($3333.54) Range Maximum $70,875 ($2715.53) $89,521 ($3429.92) $106,258 ($4071.20: • A - 1 Range Maximum $71,159 ($272639) $89,879 ($3443.64) $106,683 ($4087.48) . . Q3-� 8� APPENDIX B - WORK SCHEDULES il All bargaining unit employees are exempt from the overtime pay provisions of the federal Fair Labor - Standards Act and similar state legislation as professional employees and are saZaried employees of the City who aze not compensated on an hourly basis. 1.2 The normal work schedule for full-time employees covered by this Agreement shall consist of a minimum of eighty (80) hours within each biweekly payroll period. Employees aze generally expected to be working during the normal business hours, weekdays between 8:00 a.m. and 5:00 pm., or as otherwise established by the Employer for the empioyee's work group, subject to the leave provisions of this Ageement, and applicable state and federal statutes. Due to the nature of their work, however, the job duties of persons in this bargaining unit may require the employees to work inegular hours, and work on holidays and weekends. Such work requirements are considered an integral part of the job. Therefore, maintaining consistent starting and quitting times and scheduling specific numbers of hours worked in any day or week may be impractical. Where their assigned duties and responsibilities permit, however, and where their Department Head or Supervisor approves, bargaining unit empioyees may exercise reasonable and prudent discretion in scheduling or varying the normal business hours at which their work is performed. 13 Employees who work more than eighty (80) hours in a two-week payroll period may be granted compensatory time with the approval of their department head or his/her designee. If granted, compensatory time will be based on a straight time hour for hour basis for time that the supervisor approves. � Compensatory time off shall be scheduled and approved in advance. Employees and their supervisors shall diligently work together to schedule compensatory time off so that employees may make maximum use of their accrued compensatory time without unreasonably disrupting the business of the Employer. 1.5 Employees ]eaving the City or the City Attorney's Office must use up any accrued compensatory time and shall not be paid for it under any circumstances. 1.6 Employees and the Union accept the fact that empioyees are required to attend to the ethical obligations associated with the practice of law, must act to fully serve the needs of their clients and are obligated to observe scheduled court appearances, depositions, agency and other scheduled meetings, and other such requirements of the practice of law, and agree that this provision affecting hours of work does not remove those requirements. 1.7 Decisions made or not made under this clause on any individual case are not grievable or arbitrable. However, systematic or repeated decisions which aze contrary to the spirit of this Appendix may be grieved under the process set forth in Article 9. 1.8 The City and the Union agree that this modification of hours of work is experimental and shal] not extend beyond the term of this Agreement unless both parties act affirmatively to renew or modify this clause in bargaining for the next contract. • a-Z APPENDIX C- MERIT PAY SYSTEM �3,i g � � letter confirms that the parties entered into the 2003 - 2004 agreement with the following intentions and ctations regarding the merit pay system: • The performance system and criteria used under this coniract shall be the same performance system and criteria in place at the time of the signing of this agreement. • An employee's performance rating shall be based solely on the employee's performance and not on the financial situation of the City or the City Attomey's Office. • Although dependent on employee perforxnance, the percentage of employees rated at each performance rating is unlikely to change dramatically from the ratings issued over the past four years (1997-2000). • In the event that the percentage of employees rated below a`3' increases from the four-year-average (1997-2000) by more than 10% of the number of employees in the bargaining unit; or in the event that the percentage of employees rated a`4' decreases from the four-year-average (1997-2000) by more than 20% of the four-year-average of `4' ratings; the Union could file a class action grievance alleging that the City has artificially decreased ratings inorder to garner cost savings. The Union shall bear the burden of proving allegations under this provision. • The City could defend itself against such a grievance by demonstrating that performance ratings were based on legitimate performance problems or changes, as documented in the perforxnance review process. If the City asserts such a defense, the City shall bear the burden of proving that the performance rarings were based on legitimate performance issues. All of the above numbers are based on net changes in the numbers of employees rated at various levels. It is understood that the performance rating of individual employees may vary from year to year, based on performance. The City agrees to provide the Union with aggregate data indicating the number of employees rated at each rating level within 30 days after the performance ratings are completed each year. This letter in no way abridges the City Attorney's rights to evaluate performance as outlined in Article 10.4 of this Agreement. CITY OF SAINT PAUL � �d� Terry I ltiner Labor Relations Manager ITate 2 ' Z t �� LOCAL LTNION NO. 3757, DISTRICT COUNCIL NO. 14 OF THE AMERICAN FEDERATION OF STATE, COUNTY AND MLJNICIPAL EMPLOYEES LEGAL �� �_ Kurt Er � kson, Business Representarive Peter Mc Cal resident Date Z/Z � /6 � c-i APPENDIX D- Labor Managment Committee � ��� A Labor Management Committee shall be formed consisting of at least one management representative and no � re than four union representatives. This committee shall meet at the request of either party, not to exceed once ery other month (unless mutually agreed to meet more often.) Both parties agree that a labor management committee is a forum for discussion of issues; not a forum for negoriations. Management retains all rights as expressed in Article 3(Management Rights) of this agreement. The City and the Union agree that this labor management committee shall not extend beyond the term of this Agreement unless both parties act affirmatively to renew or modify this clause in bargaining for the next contract. � . D-1