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04-88Council File # �y � �b Green Sheet # 3010799 RESOLUTION CITY OF SAINT PAUL, MINNESOTA / . i LR Presented by � Refened To RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached Agreements between the Independent School District No. 625, District I,odge No. 77, International Association of Machinists and Aerospace Workers, AFL-CIO and Minnesota Teamsters Local No. 320, Representing Nutrition Services Personnel. Committee Date Date 9"f_/yiJii/�// /�03%l/� Adoption Certified by Council Secretary Offi e of Hum� Res ure s � Green Sheet Green Sheet Dy-� Green Sheet Green Sheet Green Sheet Green Sheet � DepartrneM/office/council: Date Initiated: � HU — HumanResources z�-��,� Green Sheet NO: 3010799 CoMact Person ffi Phone: Deoartment Sent To Person InitiaUDate Julie Kraus � 0 o R u 266-6513 p��9n 1 uman esources De artment Director � l�' ,, J Must Be on Council Agenda by (Date): Number 2 � Attom �` for RoUting 3 a or'sOfSice Ma orfASSistant Order 4 '� i 5 lerk Cti Clerk Totai # of Signature Pages ` (Clip All Lowtions for Si9nature) Action Requested: Resolution appioving the attached Agreements between the I.S.D. #625, the Disuicc Lodge I3o. 77, International Associarion of Machinists and Aerospace Workers, AFL-CIO and the Minnesota Teamsters Local No. 320, Representing Nutririon Services Personnel. RecommendaGons: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Pollowing Questions: Planning Commission . 1, Has this personffirtn ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this personffirm ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any current ciry employee? Yes No Explain all yes answeFS on separate sheet and attach to green sheet Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why): These aze Independent School District #625 contracts only. AdvanWges If Approved: Agreements will be in place through June 30, 2005. DisadvantagesifApproved: None ��'�� ��« � �� �� Z�C�4 OisadvanWges If Not Approved: °'�' �¢,,� �����5��� 7otaf Amount of CosURevenue Budgeted: Trensaction: A Funding Source: Activiry Number. `A�� ���A`�'�� �'P�� Financial Information: gpA cg p (� 1 (Explain) u „r}�,p�y �Ga O ��}�-p �y-�d INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATI�N ST. PAUL PUBLIC SCHOOLS DATE: October 7, 2003 TOPIC: Approval of Employment Agreement Between independent School District No. 625, Saint Paul Public Schools, and District Lodge No. 77 International Association of Machinists and Aerospace Workers AFL-CIO, Exclusive Representative for Machinists A. PERTINENT FACTS: 1) New Agreement is for a two-year period from July 1, 2003 through June 30, 2005. 2) Contract changes are as tollows: Waaes: Effective June 28, 2003, the salary schedule is increased 2.5%. There is no change in the salary schedule for year two of the Contract. Insurance: Effective January 2004, the district monthly contribution for single coverage is increased from $300 to $345; family coverage is increased from $490 to $570; effective January 2005, the district contribution for singie coverage is increased to $370, famify coverage is increased to $610. Effective January 2004, full-time employees will be covered under the DistricYs long-term disabifity policy. Severance Pav: The maximum amount of severance that an employee can receive from accrued sick leave is increased from $15,000 to $16,000. Language is added that defines the Special Pay Deferral Program for Severance Pay and Sick leave. 3) The District has six (6) regular employees in this bargaining unit. 4) This contract maintains the DistricYs fiscal structural baiance. 5) This contract supports the District's goai of creating institutional change. 6) This request is submitted by Susan Gutbrod, NegotiationsiLabor Reiations Assistant Manager; Wayne Arndt, Negotiations/Labor Relations Manager; Richard Kreyer, Executive Director of Human Resources and Labor Reiations; Patrick Quinn, Executive Director of School Services; and Lois Rockney, Executive Director of Business and Financial Affairs. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those machinist employees in this schooi district for whom District Lodge No. 77 International Association of Machinists and Aerospace Workers AFL-CIO, is the exclusive representative; duration ot said Agreement is for the period of July 1, 2003 through June 30, 2005; and that the Board of Education of Independent School District No. 625 adopt a resolution that this contract maintains the DistricYs fiscal structural balance. � � 8� -`,�, - - _ _ � 3�I7AR�' l; 244i4 THROUGA DECERIBER 31, -20�5_ _ � _ � _ _ � � �-_ LABO�t�AGREEMEN'�` : � _ � � _ -- -_ . BETWE�N , .. - . _ T�IE CITY O� SAIN:T PAUL � � � �� � _ � � , �_� , � = D�S2R��T` LODGE NO. 77 � _ >IN'TEI�NAT'IONAL ASSOCIATION �F 1VIACHINIS�S AND;A�ROS�ACE.WORKE�S A�L CIO � ` �� � � - � � - � :' � . AGREEMENT BETWEEN THE CITY OF SAINT PAUL AND DI5TRICT LODGE #77, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO • This AGREEME23T has been entered into between the City of Saint Paul, hereafter referred to as the EMPLOYER, and District Lodge #77, International Association ofMachinists and Aerospace Workers AFL-CIO, hereafter referred to as the UNION. This AGREEMENT has as its purposes, the promotion of harmonious relations between the EMPLOXER and the LJNION, the establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge 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. • � ii ay-8 � ARTICLE 1- RECOGNITION 1.1 The EMPLOYER recognizes the UlVION as the sole and exclusive bargaining agent for the � pwposes of establishing wages, benefits, hours and other conditions of employment for all of its employees as outlined in the certification by the State of Minnesota, Bureau of Mediarion Services, dated August 15,1973, in case No. 74-PR-77-A, and as set forth below: Ali regulaz, probationary, and provisional vehicle and equipment maintenance personnel who are employed by the City of St. Paui or who have their "terms and conditions of employment" established by the governing body of the City of St. Paul in the classifications of Auto Bod}' Repairer, Communications Technician Helper, Equipment Repairer, FYre Buildings Itepairer, Fire Equipment Servicer, Machinist, Marina-Mechanic, Mechanic-Welder, Parts Runner, Safety Eqnipement Design and Maintenance Worker, Tool Maker - Water Utility, Traffic Maintenance Worker, Vehicte Maintenance Worker (Heavy), Vehicle Mechanic, Vehicle Mechanic (Heavy Truck & Equipment), Vehicle Mechanic Leadworker, Vehicle Mechanic Supervisor, Vehicle Mechanic Trainee, Welder and Welder Leadworker, excluding supervisory, confidential, temporary, emergency and employees exclusively represented by other labor or employee organizations. 1.2 The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this agreement shall be recognized as a part of this barjaining unit, and the parties shall take al] steps required under the Public Employment Relations Act to accomplish said ob}ective. �RTICLE 2 - DEFINITIONS 2.1 Collective Bazgaining. The EMPLOYER will bazgain coilectively with the i7NION with respect to rates of pay, hours and condations pertaining to employment for all of the employees in the unit hereinbefore set forth. 2.2 Discrimination. The EMPLOYER will not interfere with, restrain or coerce the employees covered by this AGREEMEI3T because of inembership in or activity on behalf of the LJNION. The EMPLOYER 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 membership in or activity on behalf of the UI3IOI3, nor will it discourage or attempt to discourage membership in the LJTIION, or attempt to encourage membership in another Union. 2.3 This AGREEMENT shall designate and define benefits with the exception of pension benefits that shall be granted to the employees by the EMPLOYER. If subsequent to this AGREEMENT, any goveming body passes a provision which shall create a cost benefit for a employee in tlus unit, the cost of such benefit shall be paid by the employee until such time as the responsibility of the cost is subsequentiy negotiated. This provision shall not compel either party to reopen negotiations during the cowse of an existing contract. � Oy-88 ARTICLE 3- MAINTENANCE OF STANDARDS 3.1 The parties agree that all condirions of employment relating to wages, hours of work, overtime, � differentials, vacations, and all other general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rutes 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 shail be improved wherever specific provisions for improvement aze made elsewhere in ttris AGREEMENT. ARTICLE 4 - CHECK OFF 4.1 Dues. The EMPLOYER agrees to deduct the IJNION membership dues once each month 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 iJNION and the aggregate deductions of a11 empIoyees shall be remitted together with an itemized staTement to the represenfative by the fust of the succeeding month after such deductions are made or as soon thereafter as is possible. 4.2 Fairshare. Any present or future employee who is not a LJNION member shall be required to contribute a fair shaze fee for services rendered by the LTNION. Upon notification by the iJNION, the EMPLOYER shall check off said fee from the eamings of the employee and transmit the same to the LTTIION. In no instance sha12 the required contriburion exceed a prorata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain � operative only so long as specifically provided by Minnesota law and as othenvise 1ega1. 43 The tJNION will indemnify, defend and hold the EMPLOYER hatmiess against any clauns and all suits, orders or judg�nents brought or issued against the EMPLOYER, its officers or employees, as a result of any action taken or not taken by ihe EMPLOYER under the provisions of this section. ARTICLE 5 - UNION RIGHTS 51 The LJNION may designate employees within the bazgaining unit to serve as IInion Stewazds. 5.2 The UA'ION shall fiunish the EMPLOYER and appropriate deparnnent heads with a list of Stewards and altemates, and shall, as soon as possible, norify said appropriate City officials in writing of any changes thereto. Only those who are Stewazds shall be recognized by the EMPLOYER for the purpose of ineetings. � 2 � � > ARTICLE 6 - MANAGEMENT RIGHTS 6.1 T'he TJNION recognizes the right of the EMPLOYER to operate and manage its affairs in all . respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the EMPLOYER has not officially abridged, delegated, or modified by this AGREEMENT ate 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 limited to, such azeas of discretion or policy as the functions and pro;rams of the E�4PLOYER, its o��erall budget, u,ilization of technolo� , and orear.izarional structure and seleotion and direction and number Qf personneL y ARTICLE 7 - DISCIPLINE 7.1 The EMPLOYER will discipiine employees for just cause only. Discipline will be in the form of: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e} Aischazge. 7.2 Employees and the LJNION will receive copies of written reprimands and notices of suspension and discharge. �13 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or LTNION may request, and shall be entitied to a meeting with the Employer Representative who initiated the suspension with intent to discharge. During said five (5) day period, the EMPLOYER may affirm the suspension and discharge in accordance with the grievance procedures of this bargaining ageement or may modify, or withdraw same. ARTICLE 8- HOURS, OVERTIME PAY 8.1 Hours of Employment: The assigned normai work day shali be 8 hours exciuding .5 hour for lunch in any twenty-four hour period and 40 hours in any seven-day period. (For employees on a shift basis, this shall be construed to mean an average of forty hours a week.) The norma] work week shall consist of five consecutive normal work days. 8.2 Notwithstanding Article 8.1, a Department Head and the Union may mutually agree in writing to establish a norma] work day of ten (10) consecutive hours, excluding a thirty (30) minute lunch period, and a normal work week of four (4) consecutive work days in a seven (7) calendar day period. A Aepartment Head may unilaterally cease a ten (10) hour work day, four (4) day work week with five (5) working days notice to the Union if such a schedu]e does not meet the operating needs of the affected Department. � oy-88 ARTICLE 8- HOURS, OVERTIME PAY(continued) 8.3 Call-in-Pay: When an employee is called to work he shail receive two hours' pay if not put to work. If he is called to work and commences work, he shall be guazanteed four hours pay. These pmvisions, however, shatl not be effective when work is unabie to proceed because of adverse weather conditions. fi.4 O� ertime: Time on the payroll in excess of the normai hours set forth above shall be "overtime work" and shall be done only by order of the head of the departrnent. Overtime will be assigned based on a rotating opportunity preset-set by class seniority among all eligible personnel in the affected division having ihe skills necessary for the job. In the beginning of each calendar year, the rotation for overtime opportunities will begin with tl�e most senior employees. The individual may accept or decline. The next opportunity for overtime will go to the next person on the list who may accept or decline. This wili continue until the end of the list is reached and will again start over with the most senior person. If an employee is bypassed for overtime to which he/she would have been entitled, the empioyee will have the opportunity, whenever possible but subject to supervisory approval, to make up the overtime before the end of the next payroli period, at a time convenient to the employee. � The Employer reserves the right to deviate from the aforementioned process in emergencies or in such situations where following such process would be dehimental to the operation of the � affected unit. Class seniority shall be the determining factor in shift assigunent, however, the Emptoyer will not be required to accept the most senior bidder or to assign the least senior employee when considering such factors as the duration of assignment and the productivity needs of the affected unit. Qualifications will be detemuned by the Employer based on requirements of the job, actual job performance and Civil Service certification. 8.5 An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the EMPLOYER. ARTICLE 9- TOOL INSURANCE AND CLOTHING 9.1 The EMPLOYER will provide five changes of coveralls or five changes of shirts and pants per week. The Department shall substitute coveralls for shirts and pants and vice versa at tha empioyee's request. Employees may request such substitution no more than two times within a calendaz year. 4.2 Employees in the foilowing classifications; Vehicle Maintenance Worker (Heavy), Marina Mechanic, Welder, Mechanic-Welder, Equigment Repairer, Vehicle Mechanic, Auto Body Repairer. Vehicle Mechanic Lead Worker, Safety Equipement Design and Mainienance Worker and Vehicle D�echuuc (Heavy Truck & Equipment), shall receive a Tool and Shoe Allowance in the following manner. � � oy�8 ARTICLE 9- TOOL INSURANCE AND CLOTHING (continued) • 92(A) For 2004 and 2005 employees designated in section 9.2 must be on the payroll as of January i of each yeaz in order to receive a Tooi and Shoe ailowance of five-hundred dollars ($500.00). Employees not on the payroll as of January 1 of each yeaz will receive no allowance until the following January 1. Employees holdine the classification of Communications Technician Helper shall receive a Tool and Shoe atlowance of $250.00. Employees not on the payroll as of 7anuary 1 of each yeaz wili receive no allowance until the following 7anuary l. 9.2(B) Employees need to keep an accurate, up-to-date inventory of tools kept at the worksite. In the event ihat the entire tool set is stolen or if the worksite itself is damaged and the tools are not salvageable, the Employer agrees to replace the tools, in excess of $475.00, that are listed on the inventory previous to the date of the event. Iaitiating and updating the inventory is to be done on the employee's own time. 9.3 Article 93 shail only apply to those employees not holding a designated title in 9.2 above. 9.3(A) For each yeaz of the contract the EMPLOYER agrees to pay one hundred dollazs ($100.00) toward a safety shoe allowance for each employee who is a member of this unit as of January 1 of each year. Employees not on the payroll as of January 1 of each yeaz will receive no allowance until the following January l. • 9.3(B) Effective January 1, 2003, the size of tool allowance and safety shoe reimbursements shail increase on the first day of each year of the contract by the same percentage amount as the generalincrease. ARTICLE 10 - JIIRY DUTY 10.1 Any employee who is required during his regular working hours to appeaz in court as a juror or witness except as a witness in his own behalf against the Ciiy, shall be paid his regulaz pay while he is so engaged, provided however, that any fees that the employee may receive from the court for such service shall be paid to the City and be deposited with the City. Any employee who is scheduled to work a shift, other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as he is required to appeaz in court as a juror or wimess. r 1 U � . � ARTICLE 11 - LEGAL SERVICES I 1.1 Except in cases of malfeasance in office or wi21fu1 or wanton neglect of duty, or indifference to rights of others, the EMPLOYER shall defend, save harmless and indemnify an employee against tort claim or demand ��hether groundless or otherwise azising out of alleged acts or omission occurring in the performance or scope of the employee's duties, 11.2 Notwithstanding the provisions of Section 11.1, the Empioyer shall not be required to defend or indemnify any employee against personal liability, or damages, costs or expense (a) resulting from a claim, suit, verdict, finding, detemrination or judgment that the employee has committed an intentional tort or tarts, including but not limited to slander, libel and/or other defamatory hanns; or (b) arising ouT of cross claims, counterclaims, affiimative defenses, and/or sepazate actions brought against such employee in response to or resulting from claims, allegations, demands or actions (whether or not litigation was actually commenced) brought, made or instituted by such employee. 113 Notwithstanding the provisions of Section I 1.1 or 11.2, the Employer may at its sole discretion defend an employee against allegations, claims, demands or actions wholly or in part based on or arising out of claimed intentional torts, and in such cases, the emp2oyee consents to the extent tawfully permitted to such representation without regard to acTual or potential conflicts of interest. 11.4 Each employee, within 20 days afier receiving notice of (1) a tort claim or demand, acrion, suit or proceeding against him or her, and (2) a judgment, verdict, finding or detemunation, either of which arises out of alleged or found acts or omissions occumng in the performance or scope of the employee's � duties, shall notify the City by giving written notice thereof to the City Clerk. ARTICLE 12 - CITY MILEAGE 12.1 Automobile Reimbursement Authorized: 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 automobiles in the performance of their duties, the following provisions are adopted. 12.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. LVhen an employee is required to use his/her personal automobile to conduct authorized City business, the City shal] reimburse the employee at the then current Federal I.R.S. mileage reimbursement rate on the most direct route. 12.3 The City will provide pazking at a Iocation and manner of the employer's choice within a reasonabte distance of the work site for Ciry employees who are required to have their personal caz available for City business. Such pazking will be provided only for the days the employee is required to have his or her own personal car available. � F� � .� ARTICLE 13 - ACTIVE EMPLOYEE INSURANCE � 3.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by the Employer shall be solely controlled by the contracts negotiated by the Employer and the benefit pzoviders. The Employer wiii attempt to prevent any changes in the benefits offered by the benefit providers. However, the employees selecting the offered plans agree to accept any changes in benefits which a specific provider unplements. The Employer's Cafeteria Plan Document and IRS rules and regulations shall govern the Employer provided health and weifare benefit program. 13.2 For [he purpose of this Articie, full-time employment is defined as appearing on the payroll an average of at least 32 hours per week for the immediately preceding twelve (12) month period ending June 30th. 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 immediately preceding tweive (12) month period ending June 30th. Half-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 immediately preceding twelve (12) month period ending June 30th. The above determination shall exclude periods of layoff and approved unpaid leave of absence when the employee retums to the same position and employment condition. . The Employer shall determine the time status of a new or changed position based on the above definitions as to fuli-time, three-quarter or half-time employment. 133 Effective for the January 1, 2004 insurance premiums, for each eligible empioyee covered by this agreement who is employed fuli time and who selects single health insurance coverage provided by the Employer, the Employer agrees to contribute an amount equai to the average of the 2004 single insurance premiums or the cost of the premium, whichever is less, For three-quarter time employees the Employer's contribution shall be three-quarters of the fuil-time contribution. For half-time employees the Empioyer's contribution shall be one-half of the full-time contribution. Effective for the 7anuary i, 2004 insurance premiuxns, for each eligible employee covered by this agreement who is employed full time and who selects family health insurance coverage provided by the Employer, the Empioyer will contribute $519.73 (amount of the 2003 family contribution) per month plus 65% of the family premium increase in 2004 up to $71.50 per month. If the 2004 family premium increase exceeds $110.00, the City will pay 40% of the excess increase per month [The total monthly 2004 family insurance conti will be $519.73+$81.22 for a total of $600.95] For thre�quarter time employees the Employer's conh of family heaith caze coverage shall be adjusted to three-quarters of the full-time contribution. For half-tune employees the Employer's contribution of family health caze coverage shali be adjusted to one-haif of the full-time contribution. • 7 o�f-ss ARTICLE 13 - ACTIVE EMPLOYEE INSURANCE (Continued) 13.4 Effective for the January 1, 2005 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 cotttribnte, the 2004 single insurance coniribution plus an amount equai to 70 % of the average increase of all plans for the 2005 single insurance premium per month towazd the cost of single fiealth insurance coveragE. Employees enrolling in ttie iow cost ptan will receive an additional $15.22 to the low cost plan or the full cost of the low cost plan, whichever is less. For three-quarter time employees the Employer's contribution shall be three-quarters of the full- time contribution. For half-time employees the Employer's contribution shall be one-half of the fuil-rime contribution. Effective for the 7anuary 1, 2005 insurance premiums, for each eligible employee covered by this agreement who is employed fuli time and who setects family healtti insurance coverage provided by the Employer, the Employer agrees to contribute an amount equal to 70% of the average premium of all plans plus ten dollazs (�10.00). For three-quarter time employees the Employer's contriburion of family health care coverage shall be adjusted to an amount equal to 75% of the contribution for the full-time employees per month. For half-time employees the Employer's contriburion of family health caze coverage shal] be adjusted to an amount equal to 50% of the contribution for the full-time employees per month. If in any year the number of plans increases, the increase will be based on the average premium. 13.5 All benefit eligible employees (i.e. 40 hrs/pay period or more), regardless of the number of average • hours worked must select at least single coverage hospital-medical insurance and employee life inswance in an amount of 55000. The City agrees to conffibute the cost of $5000.00 life insurance. 13.6 The insurance benefits provided under this Article shaii not appty to temporary or provisional employees. ARTICLE 14 - RETIREE INSURANCE I4.I Full-time eIigible employees must meet the following condirions at the time of retirement in order to be eligible for the Employer contribution towazd the hospital-medical insurance program offered by ihe Employer. 14.1.1 Have completed at least twenty (20) yeazs of fuli time consecutive service with the City of Saint Paul or after 15 years of consecurive service for employees who become disabled and are eligible for a disability pension from a retirement fund to which the City of Saint Paul has contributed. Employment with School District #625 will not be counted towazd the service requirement for employees hired after 07/01J97 toward yeazs of service for retiree heaith eligibility. c ►1�, • Be receiving a pension from a retirement fiwd to which the City of Saint Paul has contributed. IJS�-�8 ARTICLE 14 - RETIREE INSURANCE (Continued) �14.2 For employees who were hired prior to 7uly 1,1475 and who, at the time of retirement, meet the eligibility requirements set forth in Article 14.1.1, the Employer agrees to contribute, for the life of the retiree, the following: The full cost of the least expensive single premium for hospital-medica] insurance offered by the Emplayer. 14.3 For employees who were hired on or after 7uly 1, 1975, and who, at the time ofretirement, meet the eligibility requirements set forth in Article 14.1.1, or after 15 years of consecutive service for employees who become disabled and are eligible for a disability pension from a retirement fund to which the City of Saint Paul has contributed, the Employer will grovide, for the life of the retiree, the ful] premium cost of the least expensive single health insurance coverage provided by the Employer at the time the employee retires. The City's contribution level shail remain constant, except that such contribution levei shall be refigured at the full cost of the least expensive premiuxn offered by the Employer at the time the retiree reaches age 65, if such date is after the date of retirement. For employees hired on or afrer January l, 2004 and who, at the time of rerirement, meet the eligibility requirements set forth in Articie 14.1.1, or after 15 years of consecutive service for employees who become disabled and are eligible for a disability pension from a retirement fund to which the City of Saint Paul has conh the Employer wili provide, a maximum of $300.00 per month for retiree . health insurance. For employees who retire and do not meet the requirements in 14.1 through 14.3 above at the time of their retirement, the Employer wili discontinue providing any heaith insurance contributions upon their retirement. 14.4 Employees who retire, but who do not meet the eligibility requirements set forth in 14.1.1, 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. 14.5 A retiree's participation in the City's health insurance plan must be continuous. The retiree must be participating in a City health insurance plan at the time of retirement. If a retiree chooses not to participate at the time of hislher rerirement or if a retiree discontinues his/her participation at a later date, such retiree wili not be eligible for any future participation or for any Employer contriburion. 14.6 In the event of the death of a retiree who is participating in the City's health insurance program, the surviving spouse or dependent of the deceased may continue to participate in the City's health insurance plan at hislher own cost. Eligibility to continue to participate shail terminate when such spouse or dependent remarries or becomes eligible for group health insurance through any employer. � U G� . .= ARTICLE 15 - HOLIDAYS 15.1 Holidays recognized and observed. The following days shall be recognized and observed as paid kolidays: 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 C� Eligibte employees shall receive pay for each of the holidays listed above, on which they perform no work. On holidays that the employee does perform work, the employee will be compensated at time and one-half for the hours worked, in addition to the holiday pay. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 15.2 The floating holidays set forth in Section 15.1 above may be taken at any time during the fiscal year, subj ect to the approval of the department head. For the purpose of this article the "fiscal year" shall be the IRS payrotl reporting year. 15.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee must be employed as of the date of the holiday and have paid hours on the payroll for that pay period. The amount of holiday time eamed shall be based upon the number of non-holiday hours paid to the employee during � that pay period. Paid hours shall inctude hours actually worked, vacation time, compensatory rime, paid leave and sick leave. ARTICLE 16 - VACATION 16.1 In each calendaz year, each full-time employee shall be granted vacation according to the following schedule: Years of Service Less than 8 years After 8 years thru 15 years After 15 yeazs and thereafter Vacation Granted t 7 days 22 days 27 days 16.2 Employees who work less than fu11-time shall be granted vacation on a pro rata basis. 163 The head of the departrnent may pemut an employee to carry over into the following vacation yeaz up to one hundred twenty (220) hours of vacation. 16.4 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H, unless ihe contract provisions directly conflict with the Salaty Plan. In such cases, the language of the contract shall supercede/replace the conflicting language of the Salary Plan. 10 � :. ARTICLE 16 - VACATION (Continued) �6.5 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he may convert any part of such excess to vacarion at the rate of one-half day's vacation for each day of sick leave credit. 16.6 The maximum number of days' vacation allowed by the conversion of sick leave credits shall be no more than five days in any one yeaz so that the maximum vacation time which may be taken in any one year shall be forty-five (45) days inciuding the regulaz vacation period. ARTICLE 17 - GRIEVANCE PROCEDURES 17.1 The EMPLOYER shall recognize stewards selected in accordance with iJ1JION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the names of the Stewards and of their successors when so named. 17.2 • 73 It is recognized and accepted by the EMPLOYER and the iTNION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no ]oss 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 wouid not be detrimental to the work programs of the EMPLOYER. The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. Grievances shall be resolved in conformance with the following procedure: � 1�J Step 1. Upon the occurrence of an alleged violation of this AGREEMENT, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the iTNION. The written grievance shall set forth the natwe of the grievance, the facts on which it is based, the alieged section(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the i7I�TION within seven (7) calendar days of the first occurrence of the eveni giving rise to the grievance or within the use of reasonabie diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shail be considered waived. Step 2. Within seven (7) calendaz days after receiving the written grievance a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the LJr1ION within seven (7) calendaz days following this meeting. The iJNION 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. 11 ��� ARTICLE 17 - GRIEVANCE PROCEDURES (Continued) Step 3. Within seven (7) calendaz days foilowing receipt of a grievance referred from Step 2 a • c3esignated Employer supervisor shaIl 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 writing to the TJNION stating the EMPLOYER'S answer concerning the gievance. If, as a resuit of the written response the grievance remains unresolved, the iJI�TION may refer the grievance to Step 4. Any gievance not referred to in writing by the LTNION to Step 4 within seven (�} catendaz days fotlowing receipt of the EMPLOYER'S answer shall be considered waived. Optional Mediation Step If the grievance has not been sarisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendar days, request mediation. If the parties agree that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnasota Bureau of Mediation Services for the assignment of a mediator. Grievance mediation sflall be completed within 30 days of the assignment. 2. Grievance mediation is an optional and voluntary part of the grievance resolurion process. It is a snpplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to azbitration shali be delayed for the period of mediation. � 3. The grievance mediation process shall be informal. Rules of evidence shali not apply, and no record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and argument to support their case. The mediator may meet with the parties in joint session or in separate caucuses. 4. At the request of both parties, the mediator may issue an oral recommendation for settlement. Either party may request that ihe mediator assess how an arbitrator might rule in this case. 5. The grievant shall be present at the grievance mediarion proceeding. Ifthe grievance is resoived, the gievant shall sign a statement agreeing to accept the outcome. Unless the par[ies agree otherwise, the outcome shall not be precedential. 6. If the grievance is not resolved and is subsequently moved to arbitrarion, such proceeding shall be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to their positions conceming resolution or offers of settlement may be used or referred to during azbitration. � 12 r ,- ARTICLE 17 - GRIEVANCE PROCEDURES (Continued) � Step 4. If the grievance remains unresolved, the L3NION may within seven (7) calendar days after the response of the EMPLOI'ER in Step 3, by written notice to the EMPLOYER, request arbitration of the gievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the BMPLOYER and the iJNION within seven (7) calendaz days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (� day period, either party may request the Public Empioyment Relation Boaz� to submit a panel of five (5) azbitrators. Both the EMPLOYER and the IJIv'ION shall have the right to strike two (2) names from the panel. The iJNION shall strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 17.4 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the I)NION and shail have no authoriry to make a decision on any other 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 arbitrator's decision shail be submitted in writing witflin thirty (30) days following 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 based solely on the arbitrator's interpretation or application of the exgress terms of this AGREEMENT and to the facts of the grievance • presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the tJNION, and the employees. 17.5 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the i3NI0I3, provided that each party shall be responsible for compensating its own representatives and w3tnesses. 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. 1'7.6 The time limits in each step of this procedwe may be extended by mutual agreement of the EMPLOYER and the L7NION. ARTICLE 18 - SAVINGS CLAUSE 18.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of St. Paul. In the event any provision of this AGREEMENT shall hold to be contrary to law by a court of competent,jurisdiction from who final }udgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. ARTICLE 19 - SEVERANCE PAY 19.1 General. The Employer shal] provide one (1) severance pay plan as set forth in this Article. The manner of payment of such severance pay shall be made in accordance with the provisions of Ciry Ordinance • No. I 1440. This severance pay progam shall be subject to and govemed by the provisions of City Ordinance No. 11490 except in those cases where the specific pmvisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control. 13 Oy-88 ARTICLE 19 - SEVERANCE PAY (Continaed) � 19.2 Eligibility. An employee may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an elecfion by an employee to draw severance pay under either this article or the ordinance shaI1 constitute a bar to receiving severance gay from the other. Employees appointed prior to July 1, 1989, to a title covered by this agreement who meet the qualifications as defined in Severance Pay Plan 2 or Plan 3, may elect to draw severance pay from either Plan 2 or Plan 3. Employees hired on or after July i, 1989 sha12 be covered by the provisions of Plan 3. To be eligibte for the severance pay program, an employee must meet the foilowing requirements: 193 Plan 2. Plan i is Yhe severance pay plan described in Ordinance No. 11490, as amended by Ordinance No. 16303. 19.4 Plan 2. In addition to the eligibility requirements set forth in 19.2, an employee must meet the following requirements to receive a benefit under Plan 2: 19.4.1 The employee must be 58 yeazs of age or older or must be eligible for pension under the "rule of 90" provisions of the Public Employees Reurement Association (PERA). 19.4.2 The employee must be voluntarily sepazated from City employment or have been subject to sepazation by lay-off or compulsory retirement. Those employees who aze dischazged for cause, misconduct, inefficiency, incompetency, or any oYher 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 empIoyment, and if the empioyee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay may be made to the empioyee's estate or spouse. For the purposes of this severance program, a transfer from the City of Saint Paui emptoyment to Independent Schoo2 District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 19.4.3 The employee must have at least ten (10) years of service under the classified or unclassified Civil Service at the time of separarion. Employment with School District #625 wili not be counYed toward the service requiremenf for employees ]vred after 7uly 1, 1997. 19.4.4 The employee must file a waiver of re-empIoyment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives al] claims to reinstatement or re-employment (of any type), with the Ciry. 19.4.5 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 19.4.6 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she wi11 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 Ieave days subject to a maximu� of $6,500.00. 14 ' I' �� ARTICLE 19 - SEVERANCE PAY (Continued) � 9.5 Plan 3. In addition to the eligibility requirements set forth in 19.2, an employee must meet the fol3owing requirements to receive a benefit under Pian 3: 19.5.1 The employee must be 58 years of age or older or must be e?igible for pension under the "rule of 90" provisions of the Public Employees Retirement Association (PERA). 19.5.2 The empioyee must be volurttarily sepazated from City employment or have been subject to sepuation, lay-off or compulsory retirement. Those employees who aze dischazged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. For the purpose of this severance program, a death of an employee shall be considered as sepazation of employment, and if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 19.5.3 The employee must file a waiver of re-employment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives ail claims to reinstatement or re-employment (of any type), with the City. 19.5.4 The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of his/her separation from service. To qualify for $10,000, the employee must have an accumulated balance of at least one hundred (100) days of sick leave credits at • the time of his/her separation from service. 19.5.5 If an employee requests severance pay and if the employee meets tl�e eligibility requirements set forth above, he or she will be granted severance pay in an amount equai 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 as shown below based on the number of years of service with the City. Years of Service Maximum with the City Severance Pay At Least 20 $ 5,000 21 $ 5,500 22 $ 6,000 23 $ 6,500 24 $ 7,000 25 $10,000 19.6 For any employee who is eligible to receive severance from the City under this Article, the City will contribute ] 05% of the full amount of their severance payment to a Post-Empioyment Health Plan in lieu of any cash payment to the employee. • 15 o� s� ARTICLE 20 - WAGE SCHEDULE 20.1 The wage schedule for purposes of this contract shall be Appendix A, attached hereto. 20.2 The VehicIe Mechanic Leadworker rate will be $1.02 per hour higher than tiie Vehicte Mechanic rate. 203 The Welder Leadworker rate will be $.29 per hour higher than ihe Welder rate. � 20.4 Employer shall avoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) consecurive working days during a yeaz shall receive the rate of pay for the out-of-class assignment in a higher classification not tater than the sixieenth (16) day of such assignment. For purposes of this Article, an out-of-class assignment is defined as an assignment of an employee to perform, on a full-time basis, all of the significant duties and responsibilities of a posirion different from the employee's regutaz position, and which is in a classification higher than the classification held by suck empioyee. The rate of pay for an approved out-of-class assignment shall be the same rate the employee would receive if such employee received a regulaz appointment to the higher classificarion. ARTICLE 21 - STRIKES, LOCKOUTS, WORK INTERFERENCE 21.1 The iJNION 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 any of the said IJr1ION and/or the members thereof, and there shall be no bannering during the existence of this AGREEMENT without first using all possible means of peaceful settlement or any controversy which � may arise. Employees engaging in same shall be Iiable for disciplinary action. ARTICLE 22 - SICK LEAVE 22.1 Sick Leave With Pay. Daring any period in which an employee is absent from work on sick leave with pay, the employee shall not be employed or engaged in any occupation for compensation outside of his regulaz city employment. Violation of the provision of this paragraph by any employee shall be grounds for suspension or dischazge. 22.2 In the case of a serious illness or disability of an employee's child, the Employer shall grant leave of absence in accordance with State I.egislation. Such leave sha11 be deducted from the employee's accumulaYed sick leave credits. If the employee has no accwnulated sick leave credits, such leave shall be ganted without pay. 22.3 In the case of a serious illness or disability of an employee's dependent, parent or household member, other than a child, the head of the department shall grant leave with pay in order for the employee to caze of or make arrangements for the care of such disabled persons. Such leave shall be drawn from the empioyee's accumulated sick teave credits. Use of such sick leave sha11 be limited to forty (40) hours per incident. . � 16 oy.�� ARTICLE 23 - MATERNITY LEAVE �23.1 Matemity Leave. Matemity is defined as the physicai state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending si�c (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. ARTICLE 24- LAYOFF AND BUMPING 24.1 As of the effective date of this Agreement, all Vehicle Mechanics and Vehicle Mechanics (Heavy Truck & Equipment) in al] Departments other than Fire and Police shall be considered Vehicle Mechanics (Heavy Truck & Equipment). Further, V ehicle Mechanic (Heavy Truck & Equipmeni) class seniority shall be based on all continuous time served in regulaz or probationary status as a Velucie Mechanic and Vehicie Mechanic (Heavy Truck & Equipment) since the last date of appointment to either class. 24.2 For purposes of layoff the Employer shall determine the location and number of employees to lay off. Upon the effective date of layoff, a Vehicle Mechanic (Heavy Truck & Equipment), Vehicle Maintenance Worker (Heavy) and Welder may bump the least senior Vehicle Mechanic (Heavy Truck and Equipment), Vehicle Maintenance Worker (Heavy), and Welder, respectively, Citywide, excluding the Police and Fire Departments and Independent School District No. 625. • An employee exercising a bump across Department lines shall seroe up to six (6) months probation in the Department to which he(she bumps. An employee who does not pass probation shall be laid off. The provisions ofthis section shall not be subject to Article 17, Grievance Procedure. 243 In the event that ihe Employer merges garage operations, the seniority lists of the affected ciasses for those merged operations only shall be merged. ARTICLE 25 - DURATION AND EFFECTIVE DATE 25.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and oppommity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this agreement. Any and ali prior agreements, resolutions, practices, policies or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this Ageement are hereby superseded. In those areas where Civil Service Rules aze nat inconsistent with this Agreement the Civii Service Rules shall conrinue to be in effect. 25.2 Except as herein provided, this Agreement shail be effective as of the date it is executed by the parties and shall continue in full force and effect through December 31, 2005 and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend, or modify this Ageement shall notify the other in writing so as to comply with the provisions of the PubIic Employment I.abor • Relations Act of 1984. Any retroactivity shall be owed only to employees who continue to be employed by the City at the tune this Collective Bazgaining Agreement is signed by the Union. 17 0�-�8 ARTICLE 25 - DURATION AND EFFECTIVE DATE (continued) �253 This consritutes a tentative agreement between the parties which will be recommended by the Director of Human Resources, but is subject to the approval of the Administration of the City, the City Council and is also subject to ratificarion by the Union. WITNESSES: CITY OF SAINT PAUL BY: � ��%'�' ( ason Schm� Labor Relations Manager Date: � �2 Oy � �Lt�.ir J ii�� � ¢u-. � u- • Labor Relations Date: � �a -{y Y • DISTRICT LODGE NO. 77, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO BYC ` ulie Anderson Business Representative Date: /-�a-d'�`' m D�-�8 APPENDIX A The Wage increases agreed to by the Union and Employer are: A four tenths percent (.4%) across the boazd �crease as of, 7anuary 1, 2004, and a zero percent (0.0%) across the boazd increase as of 3anuary i, 2005. The wage rates and salary ranges for classifications in this unit are shown below: Auto Body Repairer Machinist Mechanic Welder Safety Equipment Design Toolmaker-Water Utility Vehicle Mechanic Vehicfe Mechanic (Hvy Tr & Eq) Vehicle Mechanic Lead Worker Welder W elder Leadworker u Equipment Repairer Fire Building Repairer Fire Equipment Servicer Marina Mechanic Traffic Mtnc Worker priorto 7/1/91 Traffic Mtnc Worker after 7/1/91 Vehicle Mtnc Worker (Hvy) prior to 7/1/91 Vehicle Mtnc Worker (Hvy) after 7!1/91 Part Runner Comm Tech Helper First Third Fourth Fifth Sixth Seventh Eighth s Start 12/27/03 12/25/04 $12.67 $12.67 $13.77 $13.77 12l27I03 $ 22.68 $ 22.68 $ 22.68 $ 22.68 $ 24.50 $ 22.68 $ 22.68 $ 23.70 $ 22.68 $ 22.97 Start 12/27/03 $ 19.18 $ 19.18 $ 19.18 $ 18.83 $ 19.18 $ 17.51 $ 19.18 $ 16.91 12/25iO4 $ 22.68 $ 22.68 $ 22.68 $ 22.68 $ 24.50 $ 22.68 $ 22.68 $ 23.70 $ 22.68 $ 22.97 12/25/04 $ 19.18 $ 19.18 $ 19.18 $ 18.83 $ 19.18 $ 17.51 $ 19.18 $ 16.91 6 months 12/27/03 $ 20.08 $ 20.08 $ 20.08 $ 19.64 $ 20.08 $ 1827 $ 20.08 $ ��.s� 12/25/04 $ 20.08 $ 20.08 $ 20.08 $ 19.64 $ 20.08 $1827 $ 20.08 $ 17.67 6, months 12/27/03 12/25/04 $13.61 $13.61 $14.10 $14.10 Vehicle Mechanic Trainee 2000 hours 60% of the Vehicle mechanic base rate 1000 hours 65% of the Vehicle Mechanic base rate 10�� hours 7�% of the Vehicle Mechanic base rate 1000 hours 75% of the Vehicle Mechanic base rate 1000 hours 80°10 of the Vehicle Mechanic base rate 1000 hours 85% of the Vehicle Mechanic base rate 1000 hours 90°l0 of ihe Vefiicle Mechanic base rate 1 year 12/27/03 12/25/04 $14.78 $14.78 $14.78 $14.78 A-1