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05-1100Council File # lJ,' �� � Green Sheet # ?Q�� rresentea by RESOLUTION CITY OF,SAIN'L,PAUL, MINNESOTA � 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 January 1, 2004 through December 31, 2005 Collective Bargaining Agreement between the City of Saint 3 Paul and the Saint Paul Fire Supervisory Association Intemational Association of Firefighters, Local 3939 Benanav Yeas / ✓ / � ✓ Adopted by Council: Date � Adoption Cer ' e y Council Secretary By ��G Approved M r: Date � By: L•'���i� �_� Requested by Department of: ��.� • . . ������� � —`� � - Form By: by Mayor fo�Sub�gef to � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Hu -H���� ContaU Person & Phone: Jasm Schnid[ 266-6503 Must Be on Coune7Anen� ContractType: RE-RESOLU170N �.� d � � Green Sheet NO: �� Au7gn Number Por Routlng Order Topl # of Signature Pages �(Ciip NI locations for Signature) 0 1 2 3 4 5 �-��� 3028912 �' LL: i_ :�Z � _ - �+�L.. Resolution approving the January 1, 2004 through December 31, 2005 Coilective Bazgaining Ageement beKveen the City of Saint Paul and the Saint Paul F'ue Supervisory Association Intemational Associarion of FixEfighters, Local 3939. Recommendffiio�s: Approve (A) a R Plannirg Commission CIB Committee Ciwl Senice Commission Questions: 1. Has this persoMfirm e�er worked undef a corrtract for ihis department? Yes No 2. Has this persoNfirtn e�er been a city employee? Yes No 3. Does this persoNfism possess a skifl mt no�mal(y possassad by any current cfly employee? Yes No E�cplain al! yes answers on separate sheet and attach to green sheet inilWBng Problem, lssues, Opportunfty (Who, What, When, Where, Why): The Collective Batgaining Agreement with ttfe Saint Paul Fire Supervisory Association has expired. The City of SainY Paul is to negotiate with the bazgaining units. AdvaMages iFApproved: An agreement reached through good faith bazgaining will be in place through December 31, 2005. Disadvantages HApproved: None. Disadvantages M No! Approved: Tfie City would be required to ce-open negotiarions with this bazgaining unit. Tttis would strain relations with the unit. Total Amount of Transaefan: Funding Soume: Finanefal InformaHOn: (Explain) CosfiRevenue Budgeted: AcHvity Numper. � �n°FZ�ffitil L42n'!2P ".,�... _ �}}�. Novembe� 22, 2005 2:00 PM Page 1 �.�,,._.. .m..,,,,.�. � "_ , � � , , , , ,,, . . ....,._;�„ _.......�, ,,.�..._,.� .��.�....m ,.a�;.,� , -�,,,:� - wK,.,,, . , , . ... � , , . ,. . , , . � �«7-,� ' . ,.. �, . ,_,..� „� �.,.��.� q .,....... , , ' _ , ,_ , , � � � , , � � ' ' ' , , ' , � , ,' � , , , , � , , ' , , , � , , � , ' , , , . „ , � � � , � , , , � � � , . , � ' , �� � ' ', ' ' ' . , � ' �, . ' . , , . , ' , � , , . , , . 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' � .' , _ , ' , , , � � , , � , , . � " ' ' - . � � ' , � , , ' , � , , „ ' � , ' ,� „ , „ � , ' � , � , � , , , , , , , � , , , , , � , , � , � , , , � , , , � � � , � � � � , , , , � � , � , � � , , , , � , ' � � � � � , , , , � � � � � ; , , � . , , ; � , ' . , , , , ' , , , , , ' ' , , ^ � „ . , � , � , , , , . , , , , , � , , � � � , � � , ., ' � � , � � � , � , , , � , , � , , , , . . , , , , . , , ,� , , � , � , , � � , , . � , „ � , , � '� �� , , , , . . � � � , i i . , � � �� � , � � ' , � , . . _ . . , ' �, , ' , ., .,. ..., ..G � ,� . . ,� „ '�� ,�i "' �, ., (�J` 11D� ATTACfIMENT TO TFIE GREEN SHEET Fire Supervisory Association Tnternational Association of T+irefighters Local 3939 Below is a summary of the changes in the collective bazgaining agreement between the CiTy of Saint Paul and IAFF Local 3939. Duration: January 1, 2004 - December 31, 2005 WaEes: January 1, 2004 0.0°!0 Januazy 1, 2005 (closest payperiod) 1.5% July 1, 2005 (closest pay period) 1.5% Aealth Insurance: The insurance contribution increases follow the same pattem as previously negotiated agreements with other bargaining units for 2004 and 2005. 2004 Single: Family: 2005 Single: Family: The Ciry will contribute up to $364.03 per month for single health insurance based on what plan an employee selects. The City will contribute $639.77 per month for eligible employees who select family health insurance coverage. The 2004 single contribution per month plus 70% of the average increase in the single premium of all pians for 2005 ($44.23.) For 2005 only, employees participating in either of the tv✓o low-cost plans shall receive an additional $15.22 per month towazd the cost of the two low-cost plans, or the full cost of the two plans, whichever is less. 70% of the average premium of ali plans, plus for 2005 only an additional $10.00 per month (total is $772.58) The September 16, 2005 MOU on excluding the High Deductible Health Plan in the average cost calculation will be attached to the back of the conuact. Retroactive reimbursements far employee paid health insurance premiums for 2004 and 2005 will be reduced by a total of $13,500. Sick Leave: Effective January 1, 2005, the sick leave accrual rate will be reduced from 15 days per year to 14 days pez year. Tonr of Dutv Effective the last pay period on 2005, both Tour of Duty Holidays will be eliminated. In exchange, the 15 year sTep of all job classifications in the bargaining unit will be increased by 1.6% on the last pay period of 2005. Severance- The MOU on Severance being placed in a PEHP account signed on Mazch 13, 2003 is incorporated into the ageement. Uniforms• The June 16, 2005 MOU regazding a one time additional reimbursement of $250.00 for a new Dress Uniform will be attached to the contract. Incanacitation (12.10): Effective December 31, 2005, employees covered by the agreement will no longer be eligible for the off-duty Incapacitation benefiY. Other Lan�aaQe Changes: Other language changes (Recognition, Terms of Agreement and Vacation) were of a housekeeping nature for clarification and cleanup. G:vsn�austco�orncor�raACnamasurwoa-osc�ee�5n�r��m�nm�ca� 05- 11 a� � JAN[JARY 1, 2004 - DECEMBER 31, 2005 . AGREEMENT � �_ � � BET�3'E�N � � � - � _ _ . � . � �� -,. � �._ �; �,., � ,_ ..; � � � � ; � � � � � �'I� ���i��OFSAINT�'r�I�L� �� � �_ � - _" �� � � � � � , AND � � � �_. _ � � ;� ,_ ° THE �AINT PA�7L_ FiI2E SUPERVISOI2Y ASSOC�ATIOl�I . �NI`ERNATTONAI A5�OCIATION OF FIltEFIGHTERS � : . � � " ; � _ � � LOCAL'3939: � � � _� � p�j - /�DD • \I • INDEX ARTICLE TTTLE 1 Purpose .............................. 2 Definitions ......................... 3 Recognition ....................... 4 Security ............................. 5 Bmployer Authority .......... PAGE .......................................................................... 1 .......................................................................... 1 .......................................................................... 2 .......................................................................... 3 .......................................................................... 3 6 Csrievance Procedure ........................ 7 Savings Clause ................................. 8 Uniform Allowance .......................... 9 Legal Services .................................. 10 Seniority ........................................... ........................................................... 3 ........................................................... 6 ........................................................... 7 ........................................................... 7 ........................................................... 7 11 Call Back ................................................................................................................. 8 12 Insurance ................................................................................................................. 8 13 Vacation/Holiday ..................................................................................................12 14 Tour of Duty Holidays .......................................................................................... 13 15 Sick Leave and Pazental Leave ............................................................................. 14 16 5everancePay .......................................................................................................15 17 Wages ....................................................................................................................17 18 Volunteerism and/or Outside Employment ........................................................... 17 19 Incapacitarion ........................................................................................................ 18 20 Drug and Alcohol Testing ..................................................................................... 18 21 Overtime ................................................................................................................ 22 22 Discipline .............................................................................................................. 22 23 Position Openings ................................................................................................. 23 24 City Mileage .......................................................................................................... 23 25 Durarion of Agreement ......................................................................................... 24 Appendix ............................................................................................................Al AppendixB BiweeklyReport ..............................................................................B1 AppendixC MemorandumofUnderstanding ......................................................Cl Appendix D Memorandum of Agreement ...........................................................D 1 i �j� -//d0 • ARTICLE 1- PURPOSE 1.1 The Empioyer and the Saint Paul Fire Supervisory Association (SPFSA) agree that the purpose of entering into this Agreement is to: 1.1(1) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of performance ffiat is consistent with the well being of atl concemed. 1.1(2) 1.1(3) l.l(4) Establish the fuli and complete understanding of the parties concerning the terms and conditions of this Agreement. Establish procedures to orderiy and peacefully resolve disputes as to ffie application of interpretation of this Agreement. Piace in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2 - DEFINITIONS 2.1 � 2.2 2.3 2.4 2.5 2.6 2.7 • Association: Saint Paul Fire Supervisory Association (SPF5A), Intemational Association of Firefighters, Loca13939 Employer: The City of Saint Paul Association Member: A member of Saint Paul Fire Supervisory Association (SPFSA). Employee: A member of the exclusively recognized bargaining unit as certified by the State Bureau of Mediation Services in Case No. 78-PR-1056-A dated August 1, 1978. Vacancy: As detertnined by the department head, a funded position opening irL a class specified in Article 3.2. Position: Any specific office, employment or job in the Fire Deparhnent in a class specified in Articie 3.2. Taur of Duty: A. For a fifty-six (56) hour work week employee: The performance of job �uties and acceptance of the responsibilities of a position for a consecutive and uninterrupted twenty-four (24) hour period from 8:00 a.m. on a calendaz day to 8:00 a.m. on the foliowing calendaz day. B. For a forty (40) hour work week employee: The performance of job duties and acceptance of the responsibilities of a position for a consecutive and uninterrupted eight (8) hour period withiu a calendaz day. ARTICLE 2 - DEFINITIONS (Continued) C. Notwithstanding B above, employees assigned to a forty (40) hour work week S may, through mutual agreement with the EmpIoyer, work schedules other than schedules limited by B above. Overtime compensation for employees working under such agreements shall be subject to the provisions as set forth by the Fair Labor Standazds Act. 2.8 Department: The fire department of the City of Saint Paul as established and amended from iime to time pursuant to Section 9.01 of the City Charter. 2.9 Overtime: Work performed by an Employee in excess of the Employee's tour of duty by order of the Employer. 2.10 Overtime Pay. For employees assigned to a fifty-six (56) hour work week, overtime pay, for the purpose of Article 21, will be based on a fifly-six (56) hour work week. For emptoyees assigned to a forty (40) hour work week, overtime pay, for the purpose of Article 21, will be based on a forty (40) hour work week. ARTICLE 3 - RECOGIVITION 3.1 The Employer recognizes the SPFSA as the axclusive representative for the purpose of meeting and negotiating the terms and conditions of empioyment for supervisory Fire Department personnel. 3.2 7ob classes which are witfiin the bazgaining unit and covered by this Agreement are as • follows: Administrative Manager for Fire & Safety Services Assistant Fire Mazsfiat Cluef Fire Investigator Deputy Fire Chief Fire l3istrict CIuef Fire Dispatch Supervisor Fire Emergency Management & Communications Chief Emergency Medical Services CIuef Emergency Preparedness Coordinator Fire Marshal Fire Training Officer 33 In the event the Employer and the Association aze unable to agree as to the inclusion or eicclusion of a new or modified job position, the issue sha1I be submitted to the Bureau of Mediation Services for determination. • 2 �� r �lD� • ARTICLE 4 - SECURITY 4.1 The Employer shall deduct from the wages of Employees who authorize such a deduction in writing an amount necessary to cover monthly Association dues and assessments. Such monies shall be remitted as directed by the Association. 4.2 The Association may designate Employees from the bazgaining unit to act as stewards and shall inform the Employer in writing of such choice. 4.3 The Association agrees to indemnify and hold the Employer harmiess against any and ali clauns, suits, orders or judgments brought or issued against the city as a result of any action taken or not taken by the city under the provisions of this article. ARTICLE 5 - EMPLOYER AUTHORITY 5.1 The SPFSA recognizes the prerogatives of the Employer to operate and manage its affairs in all respects in accordance with appLicable laws and regularions of appropriate authorities. The prerogatives and authority which the Employer has not officially abridged, delegated or modified by this Agreement are retained by the Employer. 5.2 A pubiic employer is not required to meet and negotiate on matters of inherent • managerial policy, which include but aze not limited to, such azeas of discrerion of po2icy as the functions and programs of the employer, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. ARTICLE 6 - GRIEVANCE PROCEDURE 6.1 DEFINITION OF GRIEVANCE: A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of the Agreement. 6.2 SPFSA REPRESENTATIVES: The Employer will recognize representarives designated by the 5PFSA as the grievance representatives of the bazgaining unit having the dufies and responsibiliries established by this Article. The SPFSA shall notify the Employer in writing of the names of such SPFSA representatives and of their successors when so designated. 6.3 PROCESSING OF GRIEVANCE: It is recognized and accepted by the SPFSA and the Employer that the processing of grievances as hereinafter provided is 1'united by the job duties and responsibilities of the Employee and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and the SPFSA shall be allowed a reasonable • amount of bine without loss in pay when a grievance is investigated and presented to the Employer during normal working hours pmvided the Employee and the SPFSA ARTICLE 6 - GRIEVANCE PROCEDURE (Continued) representatives have notified and received the approval of the designated supervisor who � has determined that such absence is reasonable and would not be detrimental to the work program of the Employer. 6.4 PROCEDURE: Grievances, as defined by Section 6.1 shall be resolved in conformance with the following procedure: Step 1 An Employee claiming a violation concerning the interpretation or application of Yhe ContracY shall within twenry-one (21) calendar days after such alleged violation has occurred present such grievance to the Employee's supervisor as designated by the Employer. The Employer- designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed in Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Contract atlegedlq violated, the remedy requested, and shall be appealed Yo Step 2 withiu ten (10) calendar days after the Employer-designated representative's final answet in Step 1. Any grievance not appealed in writing to Step 2 by the SPFSA within ten (10) catendar days shatl be considered waived Step 2 If appealed, the written grievance shall be presented by the SPFSA, and discussed with the Employer-designated Step 2 representative. The � Employer-designated representative shall give ffie SPFSA the Employer's 5tep 2 answer in writing within ten (10) calendaz days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 witivn ten (10) calendaz days following the Employer-designated representative's Step 2 answer. Any grievance not appealed in writing to Step 3 by SPFSA within ten (10) calendar days shall be considered waived. Step 3 ff appeated, the written grievance shatl be pmsented by the SPFSA to, and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the SPFSA the Employer's answer in writing witbin ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appeated by the SPFSA to Step 4 within ten (10) calendaz days following the Employer- desigcated representativ�'s f.i.^.al znswer in Step 3. Any grievan�e ��t appealed in writing to Step 4 by the SPFSA within ten (10) calendar days shall be considered waived. • 0 d�-//� ARTICLE 6 — GRIEVANCE PROCEDURE (Continued) • Optionat Mediation Step ` J 1. If the grievance has not been satisfactorily 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 Minnesota Bureau of Mediation Services for the assignment of a mediator. Grievance mediation shall be completed within thirry (30) days of the assigament uniess the parties mutually agree to lengthen the time limit. 2. Grievance mediation is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a substitufe for, grievance azbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to azbitration shall be delayed for the period of inediation. 3. The grievance mediation process shall be informal. Rules of evidence shall not apply, and no record shall be made of the proceeding. Both sides shall be provided ample opporiunity to present the evidence and azgument to support their case. The mediator may meet with the parties in joint session or in sepazate caucuses. 4. At the request of both parties, the mediator may issue an oral recommendation for settlement. Either party may request that the mediator assess how an arbitrator might rule in this case. 5. The grievant shall be present at the grievance mediation proceeding. If the grievance is resolved, the gievant shall sign a statement agreeing to accept the outcome. Unless the parties agree otherwise, the outcome shall not be precedential. 6. If the grievance is not resoived and is subsequentiy moved to azbitrarion, such proceeding shail be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concemiug resolution or offers of settlement may be used or referred to during azbitrarion. Step 4 A grievance unresolved in Step 3 and appealed to Step 4 shali be submitted to arbitrarion subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of azbitrator shall be made in accordance with the "Rules Governing the Arbitration of • Grievances" as established by the Bureau of Mediation Services. ARTICLE 6 - GRIEVANCE PROCEDURE (Continued) 6.5 ARBITRATOR'S AUTHORITY: The atbitrator shall have no right to amend, modify, � nullify, ignore, add to, or subtract &om the tecros and conditions of the Agreement The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the SPFSA, and shall have no authority to make a decision on any other issue not so submitted. 6.6 The arbitrator 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 Iaw. The arbitrator's decision shail be submitted in writing within thirty (30) days following the close of the hearing or the subnnission of briefs by the parties, whichever is later, unless the parties agree to an extension. The decision shall be based solely on the azbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. 6.7 The fees and expenses for the arbitrators' services and proceedings shall be borne equally by the Employer and the SPFSA, provided that each party shail be responsible for compensaring its own representatives and witnesses. If either pazty desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shazed equally. 6.8 WAIVER: If a grievance is not presented within the time 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 Employer`s last answer. If the Employer does not answer a grievance or an appeal thereof withiu the specified time limits, the SPFSA may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit on each step may be extended by mutual written agreement of the Employer and the SPFSA in each step. 6.9 RECORDS: All documents, communications and records dealing with a grievance shall be filed separately from the personnel files of the involved employee(s). ARTICLE 7 — SAVINGS CLAUSE 7.1 This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Saint Paul. In the event any provision of this Agreement shall be held to be contrazy to law by a court of competent jurisdiction from whose final judgment or decree ao appeal has been taken within the time pmvided, such provisions shall be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. • [� 1>s - /lob • • ARTICLE 8 - IJNIFORM ALLOWANCE 8.1 Effective January 1, 2002, the 2001 uniform allowance of $424.25 shall be increased by the negotiated across the board percentage wage increase for 2002. In each succeeding year, the preceding years' uniform allowance shatl be increased by the negotiated across the boazd percentage wage increase. As of January 1, 2004, the allowance is $452.33. As of January 1, 2005, the allowance is $465.90. ARTICLE 9 - LEGAL SERVICES 9.1 Except in cases of matfeasance in office or willful or wanton neglect of duty, the Employer shall defend, save harmless and indemnify an Employee, and/or his/her estate, against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance and scope of the Employee's duties. 9.2 Notwithstanding Article 9.1, the employer shall not be responsible for paying any legal service fee or for providing any legal service arising from any legal action where tne employee is the Plaintiff. ARTICLE 10 - SElvIORI'I`�' 10.1 Department Seniority: For the purposes of this Agreement seniority shall be defined as the length of continuous and unintemxpted employment in the fire department. 10.2 Loss of Department Seniority: An Employee willlose acquired depariment seniority in the following instances: 10.2(1) Resignarion 10.2(2) Discharge 10.2(3) Retirement • 103 Work Force Reduction: In the event af a reduction in the department work force, such reduction shall occur in accordance with Section 22 of the Civil Service Rules as of the date of the signing of this Agreement. 10.4 Reduction in Rank: Reduction in rank shall be in accordance with the Civil Service Rules as of rhe date of the signing of ttus Agreement. Except as indicated below: 10.4(1) 10.4(2) Reduction in rank for periods up to but no more than 30 consecutive calendar days will be by platoon seniority. Reduetion in rank for more than 30 consecutive calendaz days shali be in accordance with the Civi1 Service tZules as of the date of the signing of this Agreement. 7 ARTICLE 11- CALL BACK 111 Employees required by the Employer to report for work during off-duty time will be compensated at the overtime rate in accordance with Article 2.10 of tius Agreement. The minimum payment under this Article wi11 be four (4) times the Employee's hourly rate. An early report of two (2) houts or less, or an extension of a normally scheduled tour of duty, shall not qualify an Emptoyee for this m;,,;Tr,um payment. ARTICLE 12 - INSURANCE 12.1 The incnranoe plaus� 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 tke benefit providers. The Employer will attempt to prevent any changes in the benefits offered by the benefit pmviders. However, the employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. If in any year the number of plans inereases, fhe increase wili be based on the average premium. 12.2 Eligibility for full-time benefits is defined as appearing on the payroll an average of at least sucty-four (64) kours per biweekly pay period for ttie twelve (12) month period preceding the annual open enzollment or special enrollments of the employment period preceding initial eligibility. • 12.3 Effective for the January 1, 2004 , inw�ranCO COV2i2ge, the Bmployer agrees to contribute • up to $364.03 pe� month to eligible eznployees who select single health insurance covetage. 12.3(1) Effective for the 7anuary, 2004 insurance premiums, for each eligible employee covered by this agreement who is employed full time and who selects family health in�*ance coverage provided by the Employer, tfie Employer will contribute $639.77. 12.4 Effecrive for the January 2005 insurance premiums, for each eligible employee covered by this agreement who is employed fuli-time and who setects single employee health insurance coverage provided by the Employer, the Employer agrees to contribute an amount equal to the 2004 single contribufion, plus an amount equal to 70% of the average increase to tfie premiums of att plans for 2005. Employees participafing in one of the two low cost plans in 2005 will receive an additioaal $15.22 per month toward the cost of the plan, or the full cost of the plan, wluchever is less. 12.4(1) Effective for the 7anuary 2Q05 iasurance premiums, for each eligible employee covered by this agreement who is employed full-time and who seiecis iamuy neaim insurance caverage provided'oy fne Empioyer, me Employer agrees to contn'bute an amount equai to 70% of the auerage premium of all plans per month, plus for 2005 an addirional ten dollazs ($10.00) per month. , D� -II� ARTICLE 12 - INSURANCE (Continued) • 12.5 Under the ca£eteria plan full-time, benefit eligibie empioyees, (i.e. 40hrs/pay period or more) must select at least single health insurance coverage and employee life insurance in an amount of $10,000. The City will contribute the cost of the $10,000 mandatory life insurance. 12.5(1) An empioyee whose spouse is also employed by the City of St. Paul and is eligible to participate in the city's health inc„rance plan will not be required to select the manclatory health insurance coverage as long as one of the spouses is participating in the city's health insurance plan with family coverage. The mandatory life insurance coverage continues to apply. In this event, two hundred twenty five doliars ($225.00) per month shall be eligible for payment as unused benefit doilazs. 12.6 Under the cafeteria plan, employees covered by this agreement will be eligible to participate in the Flexible Spending Accounts offered by the Employer. The service fee charged fox employees participating in the Dependent Caze Account will be paid by the Employer. The service fee for employees participating in the Medical Expense Account will be paid by the Employer. Survivor Insurance 12.7 In the event of the death of an acrive employee, the dependents of the employee shatl • have the option, within ffiirty (30) days, to continue the current hospitalization and medical benefits, including such plan nnprovements as may be made from rime to time, which said dependents previously had, at the premium and Empioyer contribution applicable to eligible early retirees. The date of death shall be considered to be the date of retirement. In the event of the death of an early retiree or a regular retiree, the dependents, who were dependants of record of the reriree at time of retirement, shall have the option, within thu�ty (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the premium and Employer contribution accorded to the eligible deceased retiree. In the event of the death of an etnployee killed in the line of duty, the Employer will contribute 100% of the premium for either single or family health insurance coverage for eligible dependents. An eligible dependent who is not enrolled in the City's heaith insurance program at the time of the employee's death will have an option to enroil at the next annual open enrollment period. It is understood that such coverage shail cease in the event of: 12.7(1) The subsequent remarriage of the surviving spouse of the deceased employee ar retiree. • 0 ARTICLE 12 — INSURANCE (Continued) 12.7(2) The employment of the surviving spouse where hospitat inc�rance . coverage is obtained through a group program provided by said Employer. However, it is further understood that in said event, the surviving spouse shall have the right to maintain Ciry health insurance coverage for the first ninety (90) days of said employment Retiree Insurance 12.8 Bmployees who retire must meet the following conditions in order to be eligible for Employer contributions listed in Articles 12.9 through 12.12 below toward a health insurance plan offered by the Employer: 12.8(1) 12.8(2) Be receiving benefits from a public employee retirement act covering employees of the City of Saint Paul at the time of retirement, and Have severed his/her relafionslup with the City of Saint Paul under one of the retiree plans, and 12.8(3} Have completed at least 20 full time years of consecutive service with the City of Saint Paul or be receiving a disability pension from a public employee retirement fund covering employees of the City of Saint Paul, and 12.8(4) Have severed his/her relationship with the City of Saint Paui for reasons other than an involuntary termination for misconduct. � Early Retirees 12.9 This Article shall apply to employees who: 129(1) Were appointed on or before December 31, 1495, and 12.9(2) Have not attained age 65 at retirement, and 12.9(3) Meet the terms set forth in Article 12.8 above, and 129(4) Select a health �nc�,*ance plan offered by the Employer. Until such retirees reach sisty-five (65) years of age, the Employer agrees to conteibute a maximum of $350.00 per month toward the premium for single or faarily health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. When such early retiree attains age 65, the provisions of Ariicle 12.11 shall apply. • 10 0�-/lud ARTICLE 12 - INSURANCE (Continued) • 12.10 This Article shall appiy to employees who: 12.10(1) Were appointed on or a8er 7anuary l, 1996, and 12.10(2) Have not attained age 65 at retirement, and 12.10(3) Meet the terms set forth in Article 12.8 above, and 12.10(4) Select a health insurance plan offered by the Employer. Untii such retirees reach sixty-five years (65) of age, the Employer agrees to conhibute a maYimum of $300.00 per month towazd the cost of single or family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. When such early retiree attains age 65, the provisions of Article 12.12 shall apply. Regular Retirees (Age 65 and over) 12.11 This Article shall apply to employees who: 12.11(1) Were appointed prior to January 1, 1996, and 12.11(2) Aave attained age 65 at retirement, and 12.11(3) Meet the terms set forth in Article 12.8 above, and 12.11(4) Select a health insurance plan offered by the Employer. � The Employer agrees to contribute a maxunum of $550.00 per month toward the premium for single or family health insurance coverage offered to regular retirees and their dependents. Any unused portion of the Employer's contriburion shall not be paid to the retiree. 12.12 This Article sha11 apply to employees who: 12.12(i) Were appointed on or after January 1, 1996, and 12.12(2) Have attained age 65 at retirement, and 12.12(3) Meet the terms set forth in Article 12.8 above, and 12.12(4) Select a health insurance plan offered by the Employer. The Employer agrees to conh a ma�cunum of $300.00 per month towazd the premium for single or family health insurance coverage offered to regular retirees and their dependents. Any unused portion of the Employer's contribution sha11 not be paid to the retiree. 12.13 The contributions indicated 'm this Article 1 Z shall be paid to the Employer's third party administrator or designated representa6ve. • 11 ARTTCLE 12 - INSURANCE (Continued) 12.14 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 his/her retirement or if a retiree discontinues his/her pazticipation at a later date, such retiree will not be eligible for any future participation or for any Employer contribution. ARTICLE 13 - VACATTONBOLIDAY 13.1 In each fiscal yeaz, each full-time employee shall be granted vacation according to the following schedule: Years of service i st year thru Sth year 6th year thru 15th year 16th yeaz thru 25th year 26th year and beyond 40 hour Employees 128 hours (16 days) (.061� 176 hours (22 days) (.084'� 216 hours (27 days) (.1039) 224 hours (28 days) (.107� For 40 hour employees floating holidays are included in the vacation schedule. Designated holidays shall be handled in accordance with the Salary Plan and Rates of Compensation (St. Paul Ordinance No. 6446). For 56 hour employees in each IRS payroll yeaz, each futl-time employee shatl be granted vacation according to the following schedule: Years of service 1 st year thru Sth year 6th year thru 15th year 16th year thru 25th yeaz 26th year and beyond 56 hour Emplovees 252 hoius (10 slufts 12 hrs)* 308 hotus (12 shifts 20 hrs)** 375.2 hours (15 shifts 15 hrs 12 min)*** 386.4 hours (16 shifts 2 hrs 24 min)**** * 4.5 x designated work week ** 5.5 x designated work week *** 6.7 x desigaated work week **** 6.9 x designated work week For 56 hour employees all floating and designated holidays aze included in the vacation schedute. One shift shall be the equivalent of 24 hours. 132 Tfie department head may permit Employees to cany over into the following fiscal year, vacation time equivalent to three work weeks. Vacation schedules shall be fixed by the depazhnent head. An Employee not working full-tixne shall be granted vacation on a pro- rata basis. 13 3 Employees sepazated from employment by reason of resignation shall be granted such vacation pay as has been eamed and remains unused at the time of separation, provided notification of resignation has been sent to the deparhnent head, in writing, at least • � LJ • 12 a�-��oa ARTICLE 13 — VACATION/HOLIDAY (Continued) • fifteen (15) calendar days prior to the date of resignation. Employees sepazated from employment by reason of dischazge, retirement, oz death shall be ganted such vacation pay as has been eamed and remains unused at the time of separation_ Employees granted more vacation time than eamed at the time of separation from employment shall pay the Employer for such unearned vacation. 13.4 The above provisions of vacarion shall be subject to fhe Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H, unless the contract provisions direcfly conflict with the Satary Plan. tn such cases, the language of the contract shall supersede/replace the conflicting language of the Sa1ary Plan. 13.5 Vacation Sell Back Employees may request compensation in cash for up to two (2) days of unused vacation within each IRS payroll reporting year. Payment will be at the discretion of the Department Head and additionally, limited by the availability of funds in the Department's Budget. Such election must be made in writing on or before December 1 of each year. If the employee elects to sell vacation, the payxnent for such sold vacation shall be made in a lump sum in the neazest full payroll period following the election date. The payment sha11 be in an amount equal to the number of hours sold times the employees regulaz rate of pay in effect as of the date of such election. Article 13.5 shall not be subject to the provisions of Article 6 of this Agreement. • 13.5(1) Invoking the use of sick leave to vacation conversion as provided for in Articie 15.4 at any time withiu the II2S payroll reporting yeaz will prohibit the use of 13.5 above. ARTICLE 14 — TOUR OF DUTY HOLIDAYS 14.1 In each year of this agreement two tour of duty holidays shall be granted. These tour of duty Holidays may, at the option of the employee: (1) Be added to the employee's vacation schedule, or (2) the employee may choose to receive payment at his/her regulaz rate of pay in lieu of taking time off on the additional tour of duty Holiday provided herein. Tf the Employer has not received and approved an employee's request for his/her additional tour of day Holiday rime off by November 15 of each calendar yeaz, such employee can only receive payment at the regulaz rate of pay and can no longer elect to take time off for that calendar year. Such payment shall be made no later than the last regularly scheduled pay day of that calendaz yeaz. • 13 ARTICI.E 14 — TOUR OF DUTY HOLIDAY (Continued) 14.2 Eligibility cxiteria for Tour of Duty Holiday: • 14.2(1) Employees must be a member ofthis bargaining unit as of January 10£ each yeaz to quatify for the tour of duty hofiday named in Article 14.1. 14.2(2) Employees who promote from Firefighters Union Local 21 who aze eligible for two tour of duty holidays in Loca121 shall remain efigible for two tour of dury holidays under this agreement, Employees who promote from Firefighters Uttion Loca121 who aze eligible for one tour of duty holiday shall only receive one tour of duty holiday until the neact January as in 14.2(1). 142(3) Employees covered by tlus agreement shall be eligible for all tour of duty holidays as of January 1 of each year. 14.2(4) Employees who resign, retire or pmmote out of the Fire Supervisory Association who have not converted their tour of duty holidays to vacation shall be paid the tour of duty holidays upon their resignation, retirement or promotion. 143 For those employees assigned to a work week other than Monday through Friday, the holiday shall be observed on the calendar date of the holiday. 14.4 Eligibility for Holiday Pay sha11 be in accordance wittt Section I, Subsection H of the . Satazy Plan and Rates of Compensation Resolu6on. 14.5 Effective the last pay period of 2005 (December 10, 2005), both Tow of Duty Holidays are eliminated. In exchange, the 15-yeaz step for all classifications shall be increased by 1.6% at the same time the Tour of Duty Holidays are eliminated. ARTICLE 15 — SICK LEAVE AND PARENTAL LEAVE I5.1 Sick leave shall be earned and granted in accordance witfi the Civil Service Rules. Effective January 1, 2005, the sick leave accrual rate is reduced from A576 of each working hour on the payroll, excluding overtime, to .0538 for each hour on the payroll, excluding overtime. 15.2 In the case of a serious illness or disability of an employee's child, parent or household member, the head of the department shall grant leave with pay in order for the employee to care for or make arrangements for the care of such sick or disabled persons. Such paid leave shalt be drawn from the employee's accumulated sick teave credits. Use of such sick leave shall be limited to the nu�ber of hours desimaYed to be the employee's wozk week.per incident. � 14 b� -llOb ARTICLE 15 - SICK LEAVE AND PARENTAL LEAVE (Continued) • 15.3 Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, may be granted one day of sick leave to attend the funeral of the employee's grandpazent or grandchild. � • 15.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he/she may wnvert any part of such excess to vacation at the rate of one-hatf 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. 15.5 Maternity and Parentai Leave. Pregnant employees ofthe City of Saint Paul shall be eligible for the use of paid sick leave and unpaid leave of absence in the same manner as any other disabled or ill City employee. Such paid sick leave eligibility shall begin upon certification by the employee's attending physician that the employee is disabled in terms of her ability to perform the duties of her position. A twelve (12) month Pazental leave of absence without pay shall be granted to a nahxral parent or an adoptive parent, who requests such leave in conjunction with the birth or adoption of a child. Such leave may be extended an additional tu✓elve (12) months by mutual agreement between the employee and the Employer. Refusal on the part of the Employer to grant an extension of such leaue sha11 not be subject to the provisions of Article 6 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 beginniug of their leave. ARTICLE 16 - SEVERANCE PAY 16.1 16.2 The employer shall provide a severance pay program as set forth in this Article 16. Employees are not eligible for severance plans listed in City Ordinance No. 11490. To be eligible for the severance pay program, an employee must meet the following requirements: 16.2(1) The employee must be voluntarily separated from City employment or have been subject to sepazation by lay-off or compulsory rerirement. Those employees who aze discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City Severance pay program. 16.2(2) The employee must file a waiver of re-employment with the Human Resources Director, which wiil clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or re- employment (of any type), with the City or with Independent School Distcict No. 625. 16.2(3) The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of his/her sepazation from service. 15 ARTICLE 16 — SEVERANCE PAY (Continued) 16.3 If an employee requests severance pay and if the employee meets the eligibility • requirements set forth above, he/she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the posifion held by the employee on the date of separation for each day of accrued sick leave subject to a ma.�um as shown below based on the number of years of service with the City. Years of Service Ivlaximum with the City Severance Pay At least 20 $ 5,000 21 6,000 22 7,000 23 8,000 24 9,000 25 10,000 However, any employee separated from City employment on or after 7anuary 1, 1992 who has an accumulated balance of at least one thousand eight hundred fifly (1,850) hours of sick lea�e credits and at least twenty-five (2� years of service at the time of his/her separation from service shall be granted severance pay in the amount of thirty thousand dollars ($30,000). An employee with twenty (20) or more years of service who is ruled disabled and is receiving a disability pension and who has 1850 hours of accumulated sick leave shall be allowed the maximum severance benefit of $30,000. • The manner of payment of such severance pay shall be made in three consecutive annual payments of ten thousand dollars ($10,000) each. The annual payments shall be made in February of each year. The first payxnent shall be made during the month of February in the year following the year in which the employee separates his/her employment. 16.4 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all of the requirements set forth above at the time of his/her death, payment of the severance pay may be made to the employee's estate or spouse. 16.5 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 transferee shatl not be eligible for the City severance program. 16.6 The manner of payment of such severance pay shall be made in accordance with the provisions of City Qrdinance No. 11490. 16.7 The manner of payment of severance in amounts of ten thousand dollars ($10,000) or less shall be made in accordance with the pmvisions of City Ordinance No. 11490. • Il� �� - /loD ARTICLE 16 — SEVERANCE PAY (Continued) • 16.8 For any employee who is eligible to receive severance from the City under this Azticie, the City will contribute the full amount of their severance payment to a post-employment health plan pursuant to the Memorandum of Understanding between the parties dated Mazch 12, 2003. ARTICLE 17 - WAGES TITLE 17.1 The biweekly rates for tifles other than Disirict Fire Chief covered by this Agreement shall be adjusted to reflect the percent as shown below of the rates applicable to the title District Fire Chief. PERCENT of DISTRICT FIRE CHIEF Fire Dispatch Supervisor Assistant Fire Marshal • Emergency Preparedness Coordinator Fixe Emergency Management & Communications Chief Fire Training Officer Chief Fire 3nvestigator Deputy Fire Chief Fire Marshal Emergency Medicai Services Chief 85.7% 91.3% 92.9% 100.0% 100.0% 100.0% 108.3% 1083% 108.3% Such adjustments shall be effective on the first day of the first payroll period of the respective year. 17.2 Any Fire Captain currently receiving the premium as a paramedic, hazmat or ATR with 12 years of service who is promoted to Fire District Chief or Pire Training Officer shall begin at the 10 year step. 17.3 The wage schedule for the purpose of this Agreement shali be Appendix B attached hereto. AR'I�CLE 18 - VOLUNTEERISM AND/OR OUTSIDE EMPLOYMENT As a cottdition of employment, any position represented by the union as covered in the contract, will be prohibited from membership in any fire department other than the Saint Paul Department of Fire and Safety Services. In addition, other outside employment related to fire suppression must be approved by the fire chief. r1 LJ 17 ARTICLE 19 - INCAPACITATION 19.1 Regular, fu11 time employees in the tifles listed in Article 3 of this agreement who aze injured during the course of employment and thereby rendered incapable of performing job duties and responsibilities shail receive full wages during the period of incapacity, not to exceed the period equal to twelve (12) months plus accumulated sick leave. It is understood that in such cases, the twelve (12) month period shatl ferst be utilized and onty when same is e�austed shall accwnulated sick leave be applicable. 19.2 Regular, full time employees in the tifles listed in Article 3 of flus agreement who are disabled through injury or sickness other than specified in Section 19.1 above shall receive futl wages for a period equal to accumulated sick leave, plus six (6) montbs as pzovided herein. It is understood that in such cases, accwnulated sick leaue shall first be utilized before the s'uc (6) months, or any part thereo� shall be applicable. It is further understood that the siac (6) month period sha11 be a�ailable to members in this unit only in those yeazs where the last available Annual Report of the City Civil Service Office shall show average sick leave used per member of the Saint Paul Fire Department, (based on the 1972 Annual Report method of calculating same), of eight (8) days or less. Effective December 31, 2005, the Ciry and Union agree that employees covered by this coliective bar inin agreement aze no Ionger efigible for tfie off duty benefit contained in this Article 19.2 and as set forth in tiie City Charter Section 12.10. r 1 LJ 19.3 Employees injured or incapacitated by illuess in the tine of duty shalt be entiflad to • reinstatement at any time wiYhia five (5) qears from the date of injury or incapacity provided they are physica2ly capable of resuming tkeir job. 19.4 Fxcept as specificalIy provided in this Article, all illness and incapacity rules and policies previously in effect shall continue. ARTICLE 20 - DRUG AND ALCOHOL TESTING 20.1 Policy: The Fire Department recoguizes illegai drug and alcohol usage as a threat to the public welfaze and the employees of the department. Thus, the Fire Department will take the necessary steps, including drug and alcohol testing, to eliminate illegal usage. It is the goal of this policy to prevent and rehabilitate rather than terminate the empl0yment of workers who aze abusing drugs or alcohol. No membet of tlie Fire Department shall be discharged for illegal drug or alcohol use without first having been offered the opportunity to discontinue use either through personat choice or by trearinent for chemicai dependency, if such treatmenf is needed. The Union agrees, ax the Employer's request, to r�open negotiations of this Article during the term of this Agreement. � U m J�'-//Ob ARTICLE 20 — I7AUG ANB �I.COHOL TES'ITNG (Continued} • 202 Informing Employees About Drug and Alcohol Testing: All employees will be fully informed of the Fire Deparluient's drug testing policy before testing is administered. Employees will be provided with information conceming the impact of the use of drugs or atcohol on job performance. In addition, the employer shall inform the employees of how the tests aze conducted, how well the tests perform, when the tests will be conducted, ��at-the tests-ca� dete�e, and the consequences of testing positive for drug or alcohol use. AlI newly hired employees will be provided with this information on their initial date of hire. No employee shall be tested until flus information is provided to him/her. 203 Employee Testing: No employee will be tested for drug or alcohoi abuse unless there exists reasonable suspicion to believe that the employee to be tested is under the influence of illegal drugs or alcohol. Random or mass testing is prohibited. No such testing may be conducted without the written approval of the officer in chazge of the unit. The officer in chazge must document in writing who is to be tested and why the testing was ordered. Failure to follow any of these procedures shall result in the elimination of the test resuits as if no test had been administered. The test results shall be destroyed and no discipline shall be levied against the employee. 20.4 Urine collection shall be conducted in a manner which results in a legally acceptable • sample as weil as providing a high degree of security for the sample, freedom from adulteration of' k�e satnple �he �righes� pessi�le-aeet�e� of �e�ixieal� cesults while at the same time preserving the dignity of the employee. Administrative procedures shall be such as to prevent the subxnission of fraudulent tests. When appropriate, biologic testing of the samples may be included as part of such administrative procedures. In testing which could result in employee discipline, if the test result is positive, a split sample shall be reserved for independent analysis which shall be performed at the request of the affected employee. Upon request, an employee shall be entitled to the presence of a union representative before testing is adxninistered. 20.5 Testing Procedures: All samples shall be tested for Chemical Adulteration, Narcotics, Cannabis, PCP, Cocaine, Amphetamines, Alcohol and Sedatives. The tesring shall be done by a Selected Laboratory and the following standards sha11 be used: • 19 ARTICLE 20 — DRUG AND ALCOHOL TESTING (Continued) Dmg Testing Standards : .�. Drug Group � ��.�- .�� �- Cocaine metabofites Benzoylecgonine .02 concentration as shown by an analysis of urine Drug or metabolite detected � ��.�- .�� �- - ..��.�- .�� �- Initial Test levei ng/ml 1,000 ng/ml 1,000 n�ml 300 ng/ml 15 ng/ml 300 ng/ml 300 ng/ml 25 ng/ml 300 ng/ml 1,000 ng�ml 3,000 ngJml 1,000 ng/ml 300 ng/ml 300 ng/ml 300 ng/ml Marijuana metabolites delta-9-THC-9-COOA Opiate metabolites Phencyciidine Barbiturates Benzodiazepine metabolites Methadone Methaqualone Codeine Total Morphine PCP Secobazbital Pentobazbital Phenobazbitai Butabarbital Oxazepam Methadone Methaqualone • GC/MS Confu�mation 500 ng/ml 500 ng/ml 150 np�ml 15 ng/ml 300 ngJml 300 ng/ml 25 ng/ml 1,000 ngJml 1,000 ng/ml 1,000 ng/ml 1,000 ngfml • 300 ng/ml 300 ng/ml 300 ng/xnl Propoxyphene Propoxyphene 300 ng/ml 300 ng/ml Norpropoxyphene 300 ng/ml 300 ngJmt Any sample which has been aduiterated or is shown to be a substance other than urine shall be reported as such. All samples which test positive on a screening test shall be wnfirmed by gas chromatography-mass spectrophotometry, and no records of unconfirmed positive tests shall be released or retained by the laboratory. Testing shall be conducted in a manner to insure that an employee's legal drug use does not affect the test results. All results shall be evaluated by a suitably trained occupational physician or occupational nurse prior to being reported. • 20 D��l/� AIiTICLE 20 — DRiJG A1VD ALCOHOL TESTING (Continued) • Test results shall be ireated with the same confidentiality as other employee medical records. The test results shall not be reported outside the Fire Depaztment. 20.6 Chemical Dependency Program: Each person whose urine tests positive for illicit drugs shall be medically evaluated, counseled and treated for rehabilitation, if required. In addition, at any time an employee may voluntarily enter the chemical dependency program without fear of disciplinary actions against him. This Program is designated to provide care and treatment to employees who aze in need of rehabilitation. Details conceming treahnent any employee receives at this Program shall remain confidential and shall not be released to the public. The employee shall be responsible for ttAe cost of treatment. No employee shall be relieved or transferred to other than his usual duties on the basis of one test result although the employee may be re-evaluated for his duty assignment. When undergoing treahnent and evaluation employees shall receive the usual compensation and fringe benefits provided at their assigned position. 20.7 Right of Appeal: Each employee has the zight to challenge the results of drug or alcohol testing in the same manner that he/she may grieve any managerial action. 20.8 Duty Assignment After Treatment: Once an employee successfully completes • rehabilitation, he/she shall be returned to his/her regulaz duty assignment. Employee �eassigtunen� during treahnent shall be based on each individual's circumstances. If foilow-up care is prescribed after treahnent, this may be a condirion of employmer.t. Once treatment and any follow-up care is completed, at the end of two years the reoords of treatment and positive drug or alcohol test results shall be retired to a closed medical record. The employee shall be given a fresh start with a clean administrative record. 20.9 Right of Union Participafion: At any time, the Union, upon request, will have the right to inspect and observe any aspect of the drug and alcohol testing program with the exception of individual test results. The Union may inspect individual test results if the release of this informarion is authorized by the employee involved. 20.10 Union Held Harmless: This drug and alcohol testing program is solely initiated at the behest of the employer. The Fire Department shall be solely liable for any legal obligations and costs arising out of the provisions and/or application of this collecfive bargaining agreement relating to drug or alcohol testing. The Union shall be held harniless for the violation of any worker rights arising from the aduunistration of the drug or alcohol testing prograxn. 20.11 Conflict with Other Laws: This Article is in no way intended to supercede or waive an employee's federal or state constitutional rights. • 21 ARTICLE 21- OVERTIlVI� 21.1 Bmployees required to work in excess of their assigned tour of duty will be compensated at the rate of one and one-half (1.5) rimes the employee's normal rate. Such compensation shall be made in cash or in compensatory time at the option of the Employer. 21.2 The puxpose of this section is to effectively eliminate three (3) Fire District Chief positions, i.e., those positions which have been traditionally Imown as the pool of Fire District Chiefs. Beginning December 31, 1997 the employer may assign Fire Captains to perform the duties of Fire District Chiefs only in accordance with subsections 2.1, 2.2, and 2.3 below. 21.2(i) All Fire Deputy or District Chiefs assigned and available for work on a shift aze working as Fire Deputy or ]7istrict Chief. • 21.2(2) The Department may assign Captains as out-of-title District Chiefs for any scheduled absence (Scheduled absence, as used herein, is an absence that will be lmown when a segment schedule is prepazed and distributed for the next, i.e., immediatelq following segment}. However, the out-of-title assignments will not occur until Depury and ITistrict Chiefs, as a group have scheduled or earned, within tke calendar yeaz, $97,417 in overtime. • This overtime will be earned by filling Deputy and District Chief scheduled absences. 21.2(3) The Association will determine the method and be responsible for distributing the scheduled overtime tours of duty among the Deputy and District Chiefs. This will be done to the satisfaction of the employer that qualified personnel aze filling the positions. ARTICLE 22 - DISCIl'LINE 22.1 The Famployer may discipline employees in any form listed below: Oral Reprimand Written Reprimand Suspension Demotion The Employer will discipline employees for just cause oniy and in accordance with the concept of progressive discipline. Employees who aze disciplined pursuant to the terms of this Article may appeal the Employer`s disciplinary acrion solely through tIie grievance procedure set forth in Article • 6 of this Agreement. 22 D�'-lI �d • ARTICLE 23 - POSTITON OPENINGS 23.1 To expedite the filling of vacancies under the civil service procedures, the head of the department or designated representative will: Make requisition for certification of eligibies to fill a vacancy within fifteen (15) days after determ�n;ng that a vacancy e�sts. Within fifteen (15) days after the depar�ent head has met with the certified eligibles, he/she will fi11 the vacancy. If no eligible list is in effect when a vacancy occurs, the department head shall, within fifreen (15) days, request the Human Resources D'uector to conduct an exunination for the purpose of establishing an eligible list. Nothing in this Article 23 shall be construed to eliminate or lessen the Department Head's right to determine the number of employees in any class tifle. n U ARTICLE 24 - CITY MILEAGE 24.1 Automobile Reuubnrsement Authorized: Pursuant to Chapter 33 of the Saint Pau1 Administrative Code, as amended, pertaining to reimbursement of City officers and empioyees for the use of their own automobiles in the performance of their duries, the foliowing provisions are adopted. 24.2 Method of Computation: To be eligible for such reunbursement, all officers and emp2oyees must receive written authorization from the Department Head. Type 1 If an employee is required to use his/her own automobile OCCASIONALLY duning employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addition, the employee shall be reimbursed $.20 per mile for each mile actually d.�iven. If such employee is required to drive an automobile during employment and the Deparhnent Head or designated tepresentarive determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee sha11 be reimbursed at the rate of $.2Q per mile driven and shall not be eligible for any per diem. • Type 2 If an employee is reqnired to use his/4ier own automobile REGULARLY during employment, the employee shail be reimbursed at the rate of $4.�0 per day for each day of work. In addition, the employee shali be reimbursed $20 per mile for each mile actually driven. 23 ARTICLE 24 - CTTY MII�EAGE (Continued) If such employee is required to drive an automobile during employment • and the deparhnent head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. 24.3 The City wi11 provide pazldug at the River Cenire Parking Raznp for Ciry employees on either of the above mentioned types of reimbursement plans who aze required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his/her own personal car available. 24.4 Rates and Regulations: The Mayor shail adopt rules and regutations governing the procedures for automobil e reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and fiuther require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personat injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional iasured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the City Clerk. ARTICLE 25 - DURATION OF AGREEMENT 25.1 Except as herein provided, this Agreement sha11 be effective as of the date the Agreemenf is executed by the parties, and shall continue in full force and effect through the 31 st day of December, 2005, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify this Agreement shall notify the other in writing so as to comply with the provisions of the Minnesota Public Employment Labor Relations Act of 1984. Retroactive pay adjustments shall apply to all active employees of the bazgaining unit on the date of signing of the agreement except those who have been terminated for cause. The Ciry and Union agree that retroactive reimbursements for employee payments of health insurance premiums in 2004 and 2005 for eligible employees shall be reduced by a total of $13,500. ($843.76 per employee based on sixteen employees) 252 The wage schedute attached hereto as Appendix "B" sha11 take force and effect at such time as is specified in the aduiiuistrative resolution recognizing and appraving this Agreement in accordance with Section 12.09 ofthe Saint Paul City Charter. u . E� D�- IIG� � • �J ARTICLE 25 — DURAT'ION AND EFFECTIVE DATE (Continued) WIT'NESSE5: CTTY OF SAINT PAUL '� � . f , �� � _ s � '' �. .� � � �. - ..• • - . ....- SAINT PAUL FIRE SUPERVISORY ASSOCIATION C �d f•� i�' \ev�.ws*- 11�2��e1 Robert Morrison Date Presideat �f�'i�y.���� /��_ �.6��,�' Michael Hogan Aate Secretary - Treasurer 25 D� -//�v APPENDIX A • Regulation "West PoinY' long sleeve police shirt Regulation "West Point" short sleeve police shirt Ranking Officer's white uniform shirt, long sieeve, West Point 7500C Ranking Officer`s white uniform shirt, short sleeve, VJest Point 7500C 7ersey type long sleeve sweat shirt, navy blue - Wilson 8632 7ersey type 3/4 sleeve sweat shirt, navy biue - Wilson 8b32 Fechheimer Bros. navy blue trousers 32200 Fechheimer Bros. navyblue trousers 32250 Jacket - Light weight, waist style Fechheuner 32100 Fur coat - Energy 100FD - Sizes 48 - 50 add 10% - longs add 10% Jacket - California thermal chief - Horace Small Parka - Navy - Butwin 111 SP Regular sizes 34 - 46 Extra sizes 48, 50, 52, Long • Liners for summer uniform fire fighter jacket - Fechheuner Bros. 32704 Sewing Costs: No cost when ordered with jacket, otherwise Caps Trooper Cap Chiefs Navy-Stype Midwest-N.W. 8 pt. Midwest-N.W. Belts - leather - black - 1.5 inch Shoes 5ocks Wedge style oxford - Red Wing shoe #101 Slip on style oxford - FLOAT-AWAYS #J5347 Slip on style oxford - FLOAT-AWAYS #J5318 Lace style oxford - FLOAT-AWAYS Z5096 SL+'p on srijle oxfo*d We+*ti.�s'PxL*teT ? 635 Slip on styIe oxford Weinbrenner 1435 Lace style oxford T5152 Mocc toe Lace style oxford Weinbrenner 1225 Lace style oxford Weinbrenner 1250 • Munsingwear #40 Munsingwear #415 - stretch style Ties - black, 4-in-hand, or snap-on style G4il MEMORANDUM OF tJNDERSTANDING BETWEEN THE CITY OF SATNT PAUL & 'THE SAINT PAUL FIItE SUPERVISORY ASSOCIATION LOCAL 3939 The City of Saint Paut (City) and the Saint Paul Fire Supervisory Association (I7nion) agree to the follawing: T'he City wit2 provide a one-time reimbursemeat of up to �250 to each member of t6e bargaining unit for the purehase af the new dress aniform. Employees must have ordered fhe new dress uniform by 3aly 16, 2005, and be wearing it as per direction of the Chief once ceceived, ,Employees who have alreadq purchased a dress uniform s6a11 be etigi6le for re'smbnrsement with appropriate documentation of the purchase: � This MOi3 shall remaia in e$ect unti[ July 16, 2008. This MQII shall set no preceden� WITNESSES: FOR THE CITY UNION ason Sc 'tdt Labor Relations Manager DATE: 6�� e2� S v+��' Robert Morriso President DATE: �t � � 4 �� � • r 1 U A-2 � -l�oo • r 1 LJ • Salary ranges applicable to tifles covered by this Agreement shall be as shown below: APPENDIX B: BIWEEKLY RATES 12/27/03 12/25/04 6/25/OS 12/10/OS 12/27/03 12/25/04 6/25/OS 12/10/OS 12/27/03 12/25/04 6/25/OS 12/10/OS 12/27/03 12/25/04 6/25/OS 12/10/OS Effective 12/27/03 No increase (0.0%) Effective 12/25/04 One and one-half percent increase (1.5%) Effective 6/25/OS One and one-hatfpercent increase (1.5%) Effective 12/10/OS One and si.z-tenths percent increase to the 15 Year Step (1.6°/a) Start 2,013.74 2,043.95 2,074.61 2,074.61 Start 2,14532 2,177.50 2,210.16 2,210.16 GRADE 041 Fire Dispatch Supervisor 1 yr. 2 yr. 3 yr. 4 yr. 2,113.21 2,217.67 2,306.19 2,422.87 2,144.91 2,250.94 2,340.78 2,459.21 2,177.08 2,284.70 2,375.89 2,496.10 2,177.08 2,284.70 2,375.89 2,496.10 GRADE 044 Assistant Fire Marshall 1 yr. 2 yr. 3 yr. 4 yr. 2,251.30 2,362.59 2,456.89 2,581.20 2,285.07 2,398.03 2,493.74 2,619.92 2,319.35 2,434.00 2,531.1� 2,659.22 2,319.35 2,434.00 2,531.15 2,659.22 5 yr. 2,520.07 2,557.87 2,596.24 2,596.24 5 yr. 2,684.75 2,725.02 2,765.90 2,765.90 10 yr. 2,649.77 2,689.52 2,729.86 2,729.86 10 yr. 2,822.88 2,865.22 2,908.20 2,908.20 15 yr. 2,714.60 2,755.32 2,796.65 2,841.40 I S yr. 2,891.98 2,93536 2,979.39 3,027.06 Start 2,182.94 2,215.68 2,248.92 2,248.92 GRADE 045 Emergency Preparedness Coordinator 1 yr. 2 yr. 3 yr. 4 yr. 5 yr. 10 yr. 2,290.72 2,404.00 2,499.93 2,626.42 2,731.84 2,87236 2,325.08 2,440.06 2,537.43 2,665.82 2,772.82 2,915.45 2,359.96 2,476.66 2,575.49 2,705.80 2,814.41 2,959.18 2,359.96 2,476.66 2,575.49 2,705.80 2,814.41 2,959.18 15 yr. 2,942.68 2,986.82 3,031.62 3,080.13 GRADE 046 Administrative Manager Fire & Safety Services Department Chief Fire Investigator Fire District Cluef Fire Emergency Management & Communicafions Chief Fire Training Officer Start 1 yr. 2 yr. 3 yr. 4 yr. 5 yr. 10 yr. 15 yr. 2,349.76 2,465.81 2,587.72 2,691.04 2,827.18 2,940.61 3,091.89 3,167.57 2,385.01 2,502.80 2,626.54 2,731.41 2,869.59 2,984.72 3,138.27 3,215.08 2,420.78 2,5�0.34 2,665.93 2,772.38 2,912.63 3,029.49 3,18534 3,26331 2,420.78 2,540.34 2,665.93 2,77238 2,912.63 3,029.49 3,185.34 3,315.52 � APPENDIX B: BIWEEKLY RATES (Continued) GRADE 049 Deputy Fire Chief Start 12/27/03 2,544.81 12/25/04 2,582.98 6/25/OS 2,621.73 12/10/OS 2,621.73 Emergency Medical Services Chief Fire Marshall 1 yr. 2 yr. 3 yr. 4 yr. 5 yr. 2,670.46 2,802.50 2,914.35 3,061.&2 3,184.65 2,710.52 2,844.54 2,958.07 3,107.75 3,232.42 2,751.17 2,887.21 3,002.44 3,15436 3,280.91 2,751.17 2,887.21 3,002.44 3,154.36 3,280.91 10 yr. 3,348.51 3,398.74 3,449.72 3,449.72 15 yr. 3,430.48 3,481.94 3,534.17 3,590.71 � • � I'.�r �� -Iloo � APPRENDIX C MEMOR.ANDUM OF Ul�'DERSTAN'DING 'IIus�Memorandum of ISnderstanding (hereivafter "D'10U") is made and entered into this 1 Z day of /''� p ti c i�, 2003, by and between the Ciry of Saint Paul (hereinaftar "CitY"), and the Saint Paul Fixe Supervisory AssociatiQn of the Intemational Association of Fire Fighters, Loca13939 (kereinafrer "FSA") to modify Ardcle 16 of the 2002 - 2003 Collective Barga'� Agreement betw�a the Ciry and FSA. The partios understand and agree to the foIlowing: 1. �Articie 16 of the Collective Bazgaining A�reament shall be modified by adding the following: 16.8 Fot any employee who is eligible to receivc sevennce from the Ciry under this Arcicle, the City wilI conffibute the full aznount of *.heiz severance payment to a post-employment heaith p1an• , This wilt appiy to all PSA members who separate from service with the City aitez the date of this MOU. [t is agreed by all pardes xo this MOU that this modificatioa to Artide 16 will be included in the ne�ct Colltctive Bazgaining Agreement between the Ciry and FSA. l J CITY OF SAINT PAUL /- � Te altiner Labor Relations Manager Approved as to form: INTERNATIONAL ASSOCIATION OF' � FIGHTERS, LOCA t 3939 vy l ��.,�"".`�--" Bob Morrison Pxesident �.� �-s'-� Dave Pleasanu Secretary -'Ireasurer �. .���� John McCormick Assistant Ciry Attomey � Gl D�-/IDo APPENDIX D � MEMORANAIIM OF AG�2EEMEi�IT .�E�WEEN THE CITY OF SALVT PAUL AND FIItE SUPERVISORX ASSOCTA'I`TON Ihe City of 5aintPanl (hereinafter "Cit}j'} and Fue Supervisory Association (hcranaiter "Union'� �e to the texms of the �ollowing Memorandum of Agreement (hereinaftsr "MOA'�_ The City and Union have actively engaged in a mutuaRybeneficial exchange of infom1ation and ideas oa a`�neet and confer" basis at Labaz-M�Se� CoTnmittce for Health Snsuxanec (heteinaftez "LMCHP� meerings. , por 2p06, tlte LMCFiI recommended the eliminauon of one haditionai health inscuance plan aad the adoption of a IuQb deductible ptan. The LMCHI's recommandation does not equate to a selection of benefits, the selection of plans to be offered in subsequeat years, nor shall in azry R'aY be construed as a foxm of atgodation. � Since the parties have not been able to reach agreemant regarding tha i�aPB�t ef tius iecommendarioa oa the camract languagc for sinele health inssuraace st2*.ing, "1�ae avera�e increase to the single irsurance premium of all plans far 2006." and the coauacc laaguage for family heah8 instivancc statin„ "tb.e average premium of all pians per �oD�y,�• tt�e patties agree t2�at the LMCHT's recommendatioa to continue the four current glans plus adopt a Fiigh Deductible P1an, will mean that the averaging langua;e in the contracts wili not include the premium fos tho High Aedueu�ble Plan. This irnErpretabon shall oaly apply for the len� of the ciureut collective bargaining ag�ment. iye paraes aLso agree chaz the tiigh Deductibie Plaa will not be considered one of che "hvo iow-cost plans" w}uch receive additional contributons for sinSle health insurance. ,�thpugh the partie, have now agreed to the dollar amount of tha EmPZoY� C°�b��� foc the length of the cuccent collecdve bazgaining ag�snen�, �e P�� �ve not presently agread upon an adjuscment w th� farm'ila �ot the City's conm�bution to health ins�uance, Tiowever, ihe pazties agee that the adjustmeats to the formula for *he Ciry's conm'burion for healih �n��*a^se will be subject to bargaining fnr the successoi to tha existiag collective bazgaiain° a�eement. The earties fmther agree thal aeither the �ictence nor the tezms of this ivIOA shall ereate or cnnstitute the ptesumPhan t�at �he Uuion has ac�epted the eo»tinuarion of th� cuttant percentage o£ City hea?ih instua.=�e contrihution 6eyond che cutrent collective bargainin8 ag'eement• Neitl�er paz�' � conceded � advantage in f��ue bazgaining to the other regarding ihe Ilegoaation of future City contributions to health insurance• � f��l The'Union agrees to waive any aad aIl zighu to {ile a gxsevance oz coun actiaa regardine this change in health f*+�+**arce plaos or the aggegate value of ffie benefits provided by ihe health insuiance plans recomineuded by the LMCHI for 2006 heslth insurance. • � 1 /,� �/ ,�_ �/�` � _, . . , �':� � . - ... .. :..•- I'he City's cattm`buQott for 2006 and 2p0'7 sbalt be: 2006 Sinale H�igh Deductible: Deductibte: Classic: Plvs: Primary: 20Q7 5in e High Deduc�ble: Deductible: Classic: Plus: Primazy: 2046 Fattul_y AI1 glans: 2Qf?7 Familv All plans: FORTf3E UNlON: � � � / Robert A2o 'son D � PresedeIIt 5331.75 (Plus S70.00imth into PEHP ptora#edmonthiy for paracipating monihs, to be paid annually in the following calendar year — withia 60 daYs) S�ft9.49 3450.20 $429.42 5433.08 $361.61(Plus $76.25/mth iato PBFiP pcorated montfity for pardcipatiag months, w be paid anaually in the following calendar year—withiu 60 daYs) $446.34 �487.45 $457.54 , $461.60 $827.40 $901.86 G:�ShusdUFCG:Sluced\I.BCObtMONIIMCFQ1200Mveagc MOns\Firo Suparvisory Assx MOA.dx �� l� � b-2