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05-1189CfTY PresenYed CouncilElile# OS� `� b Green Sheet # aqp RESOLUTION �T PAUL, MINNESOTA � 1 RESOLVED, that the Council of the City of Sunt Paul hereby approves and ratifies the attached 2 January 1, 2005 through December 31, 2007 Collective Bargaining Agreement between the City of Saint 3 Paul and AFSCME-Legal, Loca13757. 4 5 AND BE IT FURTHER RESOLVED, that the Council of the City of Saint Paul hereby approves 6 and ratifies the attached Memorandum of Agreement between the City of Saint Paul and AFSCME-Legal, 7 Loca13757 regazding the 2006 and 2007 Employer health ivsurance contriburions. Yeas ✓ ✓ L. ,�Si.� Adopted by Council: Date Adoption Certif,ied by Counc By: � � Date Requested by Depaztment o£ ✓ Hu R ; ources � BY ( i v , ✓ ✓ Form Appro b ity Ajiorney 7 � � By: c'� s�, I r, ., 1_. __ �— Secretary Form Approved by Mayor to Council � , os- !/ � • ATTACHMENT TO TIiE GREEN SHEET COLLECTIVE BARGAINING AGREEMENT WITH AFSCME LOCAL 3757- LEGAL Below is a summary of the changes in the Collective Bazgainiug Agreement between the City of Saint Paul and AFSCME 3757 - Legal. Duration• WaQes: 3 yr agreement. 7anuary 1, 2005 - December 31, 2007. 2005 — 0.0% 2006 — 2.5% 2007 — 2.5% Health Insurance: Agreed to a redistribution of health insurance reimbursement dollazs by placing $470.OA on to the base wage of all members of the bargainiug unit effzctive 12/31/O5. The insurance contribution increase follows the same pattern as previously negotiated agreements with other bargauung units for 2005 and aze the same as negotiated in the MOi3 for 2006 and 2007. • 2005 Single: Family: 2006 Single: Family: 2007 Single: Family: Loneevitv 2004 contribution plus 70% of the average inerease of the plans plus $15.22 to the two low cost plans. 70% of the average premiums plus $10.00/month. 2Q05 contribution plus 70% of the average increase plus $7.26 to the low cost plan or the cost of the low cost plan, whichever is less. 70% of the average of the premiums. 2006 conhibution plus 70% of the average increase to all plans. 7o% of the average of the premiums. Agreement to provide a$SOO longevity sum to the base wage for those employees in the attorney • classification with at least 10 yrs of experience in the City Attomey's Office. Deferred ComAensation: Employer match of $200.00 each yeaz of the contract for eligible members. Sick Leave• Change in accrual rate from 15 days per yeaz to 14 days per yeaz beginning 1/1/2006. Compensatorv time• Renewal of compensatory time language to continue through the term of this agreement. Other lan�ua�e chanEes: Other language changes aze of a housekeeping nattxre for clarification and clean up. Costs 2005 $ 0.00 $ 48.462.00 $ 94,903.14 2007 2006 Wages Insurance Wages Insurance $ 65,208.35 �actual unlrnown at this time) $ 65,20835 + insurance costs $ 66,838.56 $ (actual unl�own af this time) $ 66,838.56 + insurance costs � C� � os- I l�9 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Departrnentlofficekouneil: Datelnitlated: ,_,�, -��� ,�� Green Sheet NO: 3029078 Contact Person 8 Pbone: .lason Schnidt 266-6503 Contract RE�2ESOLUTtON 6y (Oafe): � ' Pssign Number For Routlng Off�af Total A of SignaW re Pages _(Gip M Locations for Signature} Deoartrnent Sent7o Nerson 0 a s R 1 c � 2 A 3 s s d et 4 on 5 eck k � Action Requested: Resolution approving the attached January 1, 2005 through December 31,2007 Collective Bazgaining Agreement between the City of Saint Paul and P.FSCME - I.egal, Locai 3757 and the attached Memorandum of Agreement regarding the 2006/2007 employet heaith insucance contribu6on . � Recommendations: Appm�e (A) w R Plannirg Commission qB Committee Ci�al Senice Canmission Personal Following 1. Has this pefsoNfirm e�' worked under a conhact for this department? Yes No 2, Has this persoNfirtn e�er been a ciry empioyee? Yes No 3. Does this persoNfirtn possess a skill not nortnalty possessetl by arry cuRe�t city employee? Yes 'No Explain all yes answers on separate sheet and attaeh M green sheet Initiating Probiem, lssues, OppocWnily (Who, What, WAen, Where, Whyj: The Collective Bazgaining Agreement with AFSCME-Legal, Local 3757 expired on December 31, 2004. The City of Saint Paul is rec to negotiate with the bazgaining units., Continued consistency with the other bazgaining units regarding employer health insurance contributions. AdvantageslfApproved: An agreement reached through good faith bazgaining wili be in place through December 31, 2007. Disadvantages IfApproved: None. Disadvantages NNotApproved: ' The City would be required to re-open negotiations with this bazgaining unit. This wonid strain relations and could result in an azbitration settlement. Transaetion: Funding Source: Financiai Information: (Explain) December 14, 2005 3:01 PM CostlRevenue Budgeted: Activ'Ry Number. Page 1 � � �� � � �� �� � �05�-� r�S9 � �� � ��� - JANUARY 1, 2005 - DECEMBER 31, 2Q07 COLLECTIVE BARGAINING AGREEMENT ,� � _ � � � � � � BET�EN � � _ _ . _ ��;� � � " � _ . � � __. - , TIIH� EITX AF S�I�T� .FAUY: - - f ` �ND - � � - �� = � AFSCME��LbCA��3��7�-LEGAL �=� �- � � �'� � � - . � . o��//g y • • INDEX ARTICLE TTTLE Preambie ............................................................................................ 1 Recognition ........................................................................................ 2 Severance Pay .................................................................................... 3 Management Rights ........................................................................... 4 Assignment of Work/Fillng of Vacancies ......................................... 5 Residence ........................................................................................... PAGE ... ll .......... 1 ..........1 .......... 4 .......... 5 .......... 7 6 Check Off ......................................................... 7 Discipline ......................................................... 8 Strikes, Lockouts, Work Interference ............. 9 Grievance Procedure ........................................ 10 Wages/Merit Pay .............................................. 11 Savings Clause ................................................. 12 Insurance .......................................................... 13 Vacation ........................................................... 14 Holidays ........................................................... 15 Leaves of Absence ........................................... ................................................. 7 ................................................. 8 ................................................. 8 ................................................. 8 -��- •--� ................................... .................................... 12 .................................... 13 .................................... 17 .................................... 18 ..............:..................... 18 16 Non - Discrimination ......................................................................................... 20 17 Legal Services/Fees ........................................................................................... 21 18 Seniority .............................................................................................................21 19 City Mileage ...................................................................................................... 22 20 Deferred Compensation ..................................................................................... 22 21 Duration and Effective Date ....... ............................................ 23 AppendixA SalaryRanges ...................................................... A-1 Appendix B Compensatory Time ............................................... B-1 Appendix C Merit Pay System .................................................. C-1 Appendix D Labor Management ............................................... D-1 • i D��1189 • PREAMBLE This Agreement entered into between the City of Saint Paul, hereinafter referred to as either the "Employe�' or the "Cit}�', and the A.F.S.C.M.E. Local 3757-Legal hereinafter referred to as the LTnion, for the purpose of fostering and promoting hannonious relations between the City and the Union in order that a high level of public service can be provided to the citizens of the Ciry. This Agreement attempts to accomplish this purpose by providing a fuller and more complete understanding on the part of both the City and the Union of their respective rights and responsibilities. • The provisions of ttris Agreement shall not abrogate the rights and/or duries of the Employer, the Union, or the employees as established under the provisions of the Public l J Employee Labor Relations Act of 1984, as amended. u ��-//�� • A.RTICLE I - RECOGNiTION 1.1 The City recognizes the Union as the exclusive representative for AFSCME I.oca13757- Legai, as certified by the State of lvfinnesota Bureau of Mediation Services, dated July 29, 1998, Case No.77 PCL-48. This unit above consists of attomeys employed in the City who serve in the following job classifications: Associate Attorney Attomey Senior Attorney • • 1.2 Employees employed in the above class rities and assigned to confidential and/or supeivisory positions aze not included in this Agreement. 13 It is recognized that temporary empioyees aze within the unit covered by this Agreement if they work for more than 67 days per calendaz yeaz or are anticipated upon hire to be employed greater Yhan 67 days, and meet the hours requirements of Minnesota Statutes 179A.03, �ubd. 14. A temporary employee, for purposes of this contract, is a person employed to fill a position of a specific limited duration, not to exceed one yeaz. Temporary employees sha11 not be eligible for vacarion accrual, holiday pay, sick leaue accrual, health or other insurance premium contributions by the Employer, except as aze specifically provided for elsewhere in this Agreement. ARTICLE 2 - SEVERANCE PAY 2.1 General. The Employer shall provide three (3) severance pay plans as set forth in this Article. The manner of payment of such severauce pay shall be made in accordance with the provisions of City Ordinance No. i 1490. Severance pay program(s) shall be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this articie shall control. 2.2 Eligibility. Any employee hired on or before December 31, 1983, may 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 under the terms of any of the three severance plans described in this article. Any empioyee hired after December 31, 1983, but on or before October 29, 1988 is eligible to participate only in Plan 2 or Plan 3 as set forth in this article. Any employee hired after October 29, 1988 is eligible to participate only in Plan 3 as set forth in this article. The election by the employee to draw severance pay under one of the plans for which he/she is eligible shall be made at the time of sepazation from service. Such election shall be irrevocable and the election of one of the plans shali bar the employee from eligibility to receive benefits under any of the other severance plans. 2.3 Plan 1. Plan 1 is the severance pay plan described in Ordinance No. 11490, as amended by Ordinance No. 16303. ARTICLE 2 - SEVERANCE PAY (Continued) 2.4 Plan 2. In addition to the eligibility requirements set forth above in 2.2, an employee must meet the following requirements to receive a benefit under Plan 2: 2.4(1) The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Public Employees Retirement Association (PE The "rule of 85" or the `Y ule of 90" criteria shall also apgty to employees covered by a public pension 2.4(2) The empioyee must be voluntarily separated from City employment or have been subject to sepazation by layoff or compulsory retirement Those employees who aze discharged for caiase, misconduct, inefficieacy, incompetency, or any other disciplinary reason are not eligibie for the City severance pay program. For the purpose of this severance program, a death of an employee shatt be considered as separation of employment, and if the employee would have met ail of the requirements set forth above, at the time of his/her deatfi, payment of the severance pay will be made to the employee's estate or spouse. For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 2.4(3) The employee must have at least ten (10) years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of ttus Article, employment in either the City or in the Independent School District No. 625 may be used in meeting this ten (10) year service requirement 2.4(4) The employee must file a waiver of reemployment with the Director of Human Resources, which will cleazly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reennployment (of any type), with the City or with Independent School District No. 625. 2.4(5) The employee must have accumulated a minimum of sucty (60) days of sick leave credits at the time of his/her separation from service. 2.4(6) If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he/she wil� be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by ftie employee on the date of separation for each day of accrued sick leave subject to a maximum of $6,500. � J • 2.5 Plan 3. In addition to the eligibility requirements set forth above in 2.2, an employee • must meet the foIlowing requirements to receive a benefit under Plan 3: ARTICLE 2 — SEVERANCE PAY (Continued) D�-118� • 2.5(1) The employee must be voluntarity sepazated from Ciry employment or bave been subject to separation by layoff or compulsory retirexnent. T'hose empioyees who aze discharged for cause, misconduct, ineffciency, incompetency, or any other disciplinary reason aze not eligible for the City severance pay program. For the purpose of this severance program, a deaffi of an employee shall be considered as separation of employment, and if the employee would have met a11 of the requirements set forth above, at the time of his/her death, payment of the severance pay shall be made to the employee's estate or spouse. For the purpose of this severance program, a transfer from the City of Saint Paul empioyment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 2-5(2) The employee must file a waiver of reexnployment with the Human Resources Director, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. • 2.5(3) 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. 2.5(4} If an employee requests severance pay and if the empioyee 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 posirion held by the employee on the date of separation for each day of accrued sick leave subject to a maaciinum as shown below based on the number of yeazs of service in the City: Years of Service with the City At Least 20 21 22 23 24 25 • Maximum Severance Pay $5,000 $6,Q00 $7,000 $5,000 $9,000 $10,000 2.6 Plan 4. Effeetive December 1, 2007 an employee must meet the following requirements to receive a benefit under plan 4. 2.6(1) The employee must be voluntarily separated from the Ciry employment or have been subject to separation by layoff or compulsory retirement. '1'hose employees who are discharged for cause, misconduct, inefficiency, in- competency, or any other disciplinary reason are not eligible for the city severance pay program. ARTICLE 2 — SEVERANCE PAY (Continued) 2.6(2) The employee must file a waiver of re-employment with the Human Resources Director, which witl clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or re-employment (of any type) tvith Uxe City. must have a minimum of 12 years of service and 60Q hours of sick leave credits at the time of his/her separation 2.6(4) If an employee requests severance pay and if the employee me�ts the eligibility requirements set forth above, he or she will be granted severauce pay in the amounts shown below: Accumulated Sick Leave 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 1700 Severance $4,000 $5,000 $6,000 $7,000 $8,000 $9,000 $10,000 $11,000 $12,000 $13,000 $14,000 $15,000 2.6(5) For the purpose of flris severance program, the death of an employee shall be considered as separation of employment and if the employee would have met all of the requirements set forth above, (at the time of his/her death), payment of the severance pay shall be made to the employee's spouse or estate. 2.7 Medical Retirement Account (PEHP): Any employee entifled to severance pay as set forth in the articles above shall receive such pay into a medical retirement account. Such account shall only be made up of severance benefits and shall not be funded with unused vacation. The MOU signed 7uly 8, 2003 is no longer in effect. ARTICLE 3 — MANAGEMENT RIGHTS 3.1 The Union recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regulateons of appropriate authorities. The rights and authority which the Emploper has not officially abridged, delegated, or modified by tlus Agreement are retained by the Employer. i \J • !! ARTICLE 3 - MANAGEMENT RIGHTS (Continued) D� • 3.2 A public employer is not required to meet aud negotiate on matters of inherent managerial policy, which include, but aze not limited to, such areas of discretion or policy as the functions and programs of the Employer, its overall budget, utilization of technology, and organizational struchue and selection and direction aud number of personnel. 33 Employees may request in writing that the City Attomey consider a job-sharing arrangement. The City Attomey shall be free to deny or approve such proposed arrangements at hislher sole discretion. If approved, both job-sharing empioyees must agree to the arrangement for its implementation. If so approved and agreed to, vacation, holiday, and sick leave benefits for the posirion shall be pro-rated based upon the hours each employee is assigned, but in no case may any employee work less than 50 percent time. Health insurance benefits shall be administered in accordance with Article 12. In the event that one of the employees is terniinated or tenninates employment, the Employer may with 10 calendaz days notice, increase the remaining employee's work hours. Should the City Attomey determine that the arrangement does not meet work needs of the office, helshe may return both empioyees to full-rime with 30 calendar days notice. No aspect of these arrangements, including the approval or denial, is subject to either the grievance or azbitration procedure. � • ARTICLE 4- AS5IGNMENT OF WORK/FILLING OF VACANCIES 4.1 The City Attorney retains the inherent managerial right to assign work and fill vacancies. These management decisions are not subject to grievance or arbitration. 4.2 Classification Spec�cations. Each position represented by this bargaining ucut shall be assigned to one of three job classes (Associate Attomey, Attomey, Senior Attomey) as defined by the advisory class specifications which shall include such informafion as the description of the duties normally associated with the classificarion, the competencies normally demonstrated by the incumbents, and the minnnum qualifications for the classification. These classification specifications aze subject to modification by the City Attorney at his/her discretion and aze not grievable/arbitrable. 4.3 Pacancy. A vacancy exists when a new posirion is created, or when an incumbent transfers or permanently separates from a position that is represented by this bargaining unit. The City Attorney maintains the right to determine when a vacancy exists, the classifica6on of the vacancy, and retains the right to fill the vacancy, reassign the duties of the vacancy among other positions or eliminate the duties of the vacancy, 4.4 Notification. The City Attorney or his/her designee, agrees to provide a general notification to current employees by e-mail or other suitable means of a vacancy which the City Attorney intends to fill and to permit employees to express interest in the vacancy. Such notification shall include: a description of the duties assigned to the vacant posirion, the classification of the position, the salary range for the classification, the timelines for expressing interest in the position, the selecrion process and, to the extent not included in the class specification, the minimum and preferred qualifications for the position. 6'i ARTICLE 4— ASSIGNMENT OF WORK/FII,LING OF VACANCIES (Continued) • 4,5 F,xpression of interest. Employees expressing an interest in a vacancy will be given consideration for tke position, and wilt be provided an interview if they meet the minimum qualifications listed for the vacant position. The final decision on whether an employee meets minimum quatifications or is appointed to a vacancy is the Ciry AEtoraeg�aad�nay not be-gr�eved o�arbitEated.----- 4.6 Unsuccessful candidates. An employee who is not granted an interview, or who is granted an interview for a vacancy but not selected shall, upon request, be granted a follow-up meeting to discuss the reasons for non-selection. 4.7 Probation. An intemal candidate who is selected to fill a vacancy in a higher classificafion shall serve a probationary period of twelve months in the new job class. If the employee successfully completes the prob3tie�a*; ps*io�, ha�ska s�:11 �e class:fie� into the higher ciass. If he/she does not successfully complete probation, he/she may retum to his/her prior job classification, 4.8 Reclass�cation. Nothing in this section 4.8 should be construed to limit the City Attomey's discretion to reclassify positions at any time. 4.8.1 Guideline. An employee is presumed to be working within the correct classification if the empIoyee's minimum qualificafions, level of expertise, and • at least fifty percent (5 0%) of his/her regularly assigned duties aze those normally associated with lus/her job class. 4.8.2 Petition for reclassification evaZuation. An individual employee or the Union on behalf of an employee may file a petition for reevaluation of the job class of an employee who believes in good faith that the employee's level of expertise and more than fifty percent {50%) of his/her regularly assigned duties are those commonly attributed to a higher ciassification and that s/he meets the minimum qualifications for the lrigher classification. Snch a petition may not be filed withitt one yeaz of the date a previous petition was filed and must be submitted Yo the Office of $uman Resources, with a oopy to the City Attorney. The petition for reclassification is considered "filed" with the office of Human Resources on the date the employee pzovides a copy to ttie Office of Human Resources and to the City Attorney. The petition is "filed" regardless of whether the employee's direct supervisor and/or City Attomey haue completed any supplemental portions. When ffie petition is "filed" it sha11 be considered fully completed by the employee. 4.8.3 Evaluation by I Resources Offzce. Once a petition for reevaluation has been filed, the Of&ce of Human Resources shall conduct an evaluation of the position and issue a written recommendation as to whether reclassification is appropriate. Whenever possible, the Human Resources Office shall attempt to • complete the evaluation within 90 days of receipt of a petirion. 0��//S� ARTICLE 4- ASSIGNMENT OF WORK/FILLING OF VACANCIES • (Continued) 4.8.4 Implementation by City Attorney's Offzce. Prior to January l, 2002, the recommendation of the Human Resources Office as to the allocation of a posifion shall be advisory to the City Attomey and shall not be binding on the City Attomey. Effective January 1, 2002, if the Human Resource Office recommenctation is to reclassify the position upwazd, the City Attomey must either reclassify the position or eliminate from the position those duties that aze not consistent with the employee's e�sting ciassification. The City Attomey's choice between reclassification or elimination of duties shall not be grievable/arbitrable. If the decision to reclassify the position teads to a pay increase for the employee, such pay increase shall become effective the beginning of the first pay period following the written recommendation by the Office of Human Resources. ARTICLE 5 - RESIDENCE 5.1 Employees covered by this Agreement shail have no residency requirements or restrictions. ARTICLE 6 - CAECK OFF • 6.1 The Employer agrees to deduct the Union membership initiation fee assessments and once each month dues from the pay of those employees who individually request in writing that such deductions be made. The arnounts to be deducted shall be certified to the Employer by a representarive of the Union and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the fust of the succeeding month after such deducrions are made or as soon thereafter as is possible. 6.2 Any present or future employee who is not an Union member shali be required to contribute a fair share fee for services rendered by the Union. Upon notification by the Union, the Employer shall check off said fee from the eatnings of the empioyee and transmit the saxne to the L�nion. In no instance shall the required conhibution exceed a pro rata shaze of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administrarion of grievance procedures. It is also understood that in the event the City shall make an unproper fair shaze deduction from the eamings of an employee, the Union shall be obligated to make the City whole to the extent that the City shatl be required to reimburse such employee for any amount unproperly withheld. This provision shail remain operarive only sa long as specifically provided by Minnesota law, and as otherwise legal. b.3 The Union a�ees to indemnify and hold the Employer hamiless against any and all claims, suits, order 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 7 — DISCIPLINE 7.1 The Employer may discipline employees in any of the forms listed below: 7.1(1) Oratreprimand; 7.1(2) -- _Writtenre�rimand; - - -- -- — - — - -- - - -- - . 3} �uspension; 7.1(4) bemotion; 7.1(5) Discharge The Employer will discipline for just cause only. 7.2 Discharges wiIl be preceded by a five (5) working day preluninary suspension without pay. Duriug said period the employee and/or Union may renuest, and sha11 be entitle�_1 to a meeting with the Employer representative who initiated the suspension with intent to discharge. Duzing the five (5) day period, the Employer may affirm the suspension and discharge in accordance with Civil Service Rules or may modify, or withdraw same. ARTTCLE 8- STRII�S, LOCKOUTS, WORK INTERFERENCE � 8.1 The Union and the Employer agree that there shall be no shikes, work stoppages, slow- downs, sitdown, stay-in, or other concerted interference with the Employer's business or • affairs by said Union and/or members thereof, and there sfiatl be no bannering during the e�stence of this Agreement without first using all possible means of peaceful settlement of any controversy wluch may arise. Employees engaging in same shall be liable for disciplinary action. 8.2 No lockout, or refusal to aliow employees to perform available work, shall be instituYed by the Employer and/or its appointing authorities during the life of this Agreement. ARTICLE 9 - GRIEVANCE PROCEDURE 9.1 A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances. However, this Article does not abridge grievance rights possessed by eligible veterans under applicable veterans' rights statutes. 9.2 The Empioyer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. Tke Union shall notify the Employer in writing ofthe names of such Union Representatives and of their successors when designated. The Employer shall notify the Union in writing fo its designated representatives. • 4����g9 ARTICLE 9 — GRIEVANCE PROCEDURE (Continued) • 9.3 It is recognized and accepted by the Union and the Bmployer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the empioyees and shall therefore be accomplished during normal worldng hoius when consistent with such employee duties and responsibilities. The aggrieved empioyee and an Union Representative shall be allowed a reasonabie amount of time without loss of pay when a grievance is investigated and presented to the Employer during normai worldng hours provided that the employee and Union Representative have notified and received the approval of designated supervisor and provided that such absence is reasonable and would not be detrimental to the work programs of the Employer. It is understood that the Employer shall not use the above limitation to hamper the processing of grievances. 9.4 Grievances, as defined by Section 9.1, shail be resolved in conformance with the following procedure: Step 1. An employee clauning a violafion conceming the interpretation or applicarion of this Agreement shall, within twenty-one (21) calendaz days after such alieged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 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 Agreement allegedly violated, ffie remedy requested, and shall be appealed to Step 2 by the linion within fifteen (15} calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within fifteen (15) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representarive. The Employer-designated representarive shall give the Union Employer's Step 2 answer in writing witl�in ten (10) calendar days following the Employer-designated representafive's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendaz days shail be considered waived. Step 3. If appealed, the written grievance shail be presented by the Union and @iscussed with the Employer-designated Step 3 representative. The Employer-designated representative shaii give the Union the Employer's answer in wriring within ten (10) calendar days after receipt of such Step 3 grieyance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (i 0) calendaz days following the employer-designated representative's final answer in Step 3. Any grievance not appealed in wri+ang to Step 4 by the Union within ten (10) calendar days shall be considered waived. l J ARTICLE 9 — GRIEVANCE PROCEDURE (Continued) Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be • submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The azbitration proceedings shall be conducted by an arbitrator to be selected from a permanent panel of five (5) azbitrators. Arbitrators shall be selected by lot within twenty (20) work days -_ - -- - - - -- - - - - -- aft� no has been given. --- In the event the Employer and the LTnion cannot mutually agree to five (5) azbitrators for the pemianent panel, the parties wili petition the Director of the Bureau of Mediation Services for a list of ten (10) arbitrators for each panel member for which the parties did Iist(s}, the Employer strildng first, until one (1) name remains. Vacancies occurring on the permanent pattel during the life of flus Agreement shall be filled by mutual agreement of the parties. If the patties cannot mutually agree, the vacancy shall be filled by the process noted in the preceding paragraph. Step 5. The azbitrator shall have no right to amend, modify, nullify, ignore the terms and conditions of tlus Agreement, The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. T'he azbitrator shall be without power to make decisions contrazy to, or inconsisfent with, or modifying or varying in anyway the application of laws, rules, or regulations having the force and effect of law. The arbitrator's • decision sha11 be submitted in writing, copies to both parties and the Bureau of Mediation Services within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be tater, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Uttion and shail be based solely on the arbitrator's interpretation or applicarion of the express terms of this Ageement and to the facts of the grievance presented. 4.5 The fees and expenses for the arbitrator's services and proceedings shall be bome equally by the Employer and the Union provided that each party shall be responsible for compensating its own reptesentatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shazed equally. 9.6 If a grievance is not presented within the time limits set forth above, it sha1� 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 settted on the basis of the Employer's last answer. If the Employer does not answer a grievance or an apneal thereof within the specified time limits, the UNTON may elect to treat the grievance to tfie next step. The time lunit in each step may be extended by mutual written agreement of the Employer and the Union in each step. • 10 a�-r��� • ARTICLE 10 - WAGES/MERIT PAY 10.1 General wage adjustment, .Tanuary 1, 2005. Effective January 1, 2005 (or closest pay period) all salary rates applicabie to individuals in this bargaining unit (as well as the m;n;mum, midpoint and maximum rates for each salary range) shall be increased 0.0%. Effective January 1, 2006 and January 1, 2007 (or closest pay period) all salary rates applicable to individuals in this bazgaining unit (as well as the minimum, midpoint and maximum rates for each salary range) shall be increased 2.5% percent. Retroactive wage adjustments shall only apply to employees who were exnployed by the City as of the date of signing this Agreement. 10.2 Merit-based increases, July 1, 2001, July 1, 2002. Begivning with the Ju1y 2000 — June 2001 performance evaluations, the City Attomey shall determiue wluch members of tlais bargaining unit shall be enrifled to merit pay each performance evaluation yeaz (July — June). This detemrination shall be based on the employee's performance rating for the entirety of the previous year. (The City Attomey retains the right to determine how and when to administer merit-based increases for employees who have not been employed in the City Attomey's Office for the entirety of the evaluation period). Such merit pay raises shall be effective on the first fuli pay period following 3uly 1 st of each year, and sha11 be for the amounts listed below, based on the `Ynid poinY' for each classification as • defined and listed in Appendix A: Performance rating 4. Level 4.0% of midpoint added to base 3. Level 2.5% of midpoint added to base 2. Level 0% l. Level 0% All merit increases will be calculated as a percentage of the midpoint of the salazy range assigned to the employee's class tifle. An employee's base salary shall not be increased above the salary range maximum for his/her title. If the merit increase awazded woald result in an increase above Yhe salary range maxiinum, the employee's base satary will be adjusted to the range maximum and the balance of the increase will be paid to the employee in a luxnp sum. If employee is at the salary range maximum, the entire merit based increase will be paid to the employee in a lump sum. The City Attorney shall make a reasonable good faith effort to have performance evaluations compieted by 7uly 1 of each applicable yeaz. If for some reason, the evaluations aze not complete, merit increases shall apply retroactively to the first full pay perio� after J I st :,: tr;at yzar. T�e substantive judgrmer.t of t�he employee's supervisor regarding the employee's performance shali not be subject to the grievance • procedure of this agreement nor shall it be subject to arbitration. 11 ARTICLE 10 - WAGES/MERTT PAY (Continued) 10.3 City Attorney adjustments. The City Attorney reserves the right to increase salaries � during the mid-ferm of tiie Agreement for internal promotion, equity treatment, assumption of increased responsibility or authority, employee retention or other business- related reasons. The decision of the City Attomey, both as to the amount of such merit raise and as to the method by which it shall be given, shall be at the sole discretion of the __ City Attomey and shall not be sub to the griev ance p roc e dure of this agre e m ent, nor sfiatl it �� t to arbitrah'on. —� --- - 10.4 Salary upon class change - reallocation or promotion to a higher class. Upon reallocation or promotion to a higher class, an employee shall aormally receive a satary increase of at least 4% or shall be moved to the bottom of the new salary range (whichever is greater). A higher salary increase may be granted at the discretion of the City Attomey aad shall not be subject to the grievance/arbitration procedure of this agreement. 10.5 Salary upon position change withirz the same classification. An employee's salary rate shall aot be changed upon haasfer from one position within a classification to another position within the same classification, except as deemed necessary by the City Attomey under 10.5 above. 10.6 Salary upon class change to a Zower title. An employee who is demoted/laid ofF/reallocated to a lower class for any reason other than demotion for cause shall retain tus/her current rate of pay unless that rate is Iugher than the range maX;m� �or the new • classification. In that case, ffie employee's pay rate shall normally be adjusted to the maa�imum for the new Iower classification. Exceptions to this general ruie (i.e, to allow the pay rate to remain above the maximum) shall be made at the discretion of the City Attomey. 10.7 An attorney in the Attorney job classification who has provided 10 years of service to the city in the City Attomey O£�ice shall receive one $500.00 lump sum payment, added to base, in recognition of that service, payable on the first full pay period after the date of entiflement. Employees in the Attorney job classification who have at least 10 years of service on the date of the signing of this agreement shall receive this $SOO lump sum payment ott the first pay period following the effective date of this agreement or effecteve December 31, 2005, whichever is eazlier. ARTICLE 11- SAVINGS CLAUSE 11.1 This Agreement is subject to the laws of the LJnited States, the State of Minnesota. In the event any provisions of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions shzll contiaue in full force and effect. The voided provision may be renegotiated at the written request of either party. All other provisions of this Agreement shall continue in full force and effect. • 12 b � • ARTICLE 12 - INSURANCE Retu Insurance 12.1 Employees who retire must meet the following conditions at the time of retirement in order to be eligible for the Employer contributions, listed in Se�tions 12.2 through 12.5 below, towazd a health insurance plan offered by the Employer: 12.1(1) Be receiving benefits from a public employee retirement act at the time of ret'vrement, and 12.1(2) Have severed his/her relationship with the City of Saint Paul for reasons other than misconduct, and 12.1(3) Have completed at least 20 years with the City of Saint Paul. Early Retirees 12.2 This Section shall appiy to full time employees who: 12.2(1) Retire on or atter January 1, 1996, and 12.2(2) Were appointed on or before December 31, 1995, and 12.2(3) Have not attained age 65 at retirement, and 12.2(4) Meet the terms set forth in 5ection 12.1 above, and • 12.2(5) Select a health insurance plan offered by the Employer. Until such employees reach sizty-five (65) yeus of age, the Employer agrees to conhibute a maximum of $350 per month toward the cost of single or family health insurance coverage. Any unused portion of the Employer's contriburion sha11 not be paid to the retiree. In addition, the Employer will contzibute the cost for $S,OOO life insurance coverage unril the retiree attains the age of sixty-five (65). When such eazly retiree attains age 65, the provisions of Section 12.4 wili apply. 12.3 This Section shall apply to full time employees who: 12.3(i) Rerire on or after January 1, 1996, and 123(2) Were appointed on or after January 1, 1996, and 123(3) Have not attained age 65 at rerirement, and 123(4) Meet the conditions of Section 12.1 above, and 12.3(5) Select a health insurance plan offered by the Employer. Until such retirees reach sixty-five (65) years of age, the Employer agrees to contribute a maicimum of $300.00 per month toward the cost of single or family health insura�ce coverage. Any unused portion shali not be paid to the retiree. In addition, the Employer will contribute the cost for $S,OOO life insurance coverage until the retiree attains the age • of sixty-five (65). When such early retiree attains age 65, the provisions of Secrion 12.5 shall apply. 13 ARTICLE 12 — INSURANCE (Continued) Regular Retirees (Age 65 and over) 12.4 This Section shall apply to full time employees who: 12.4(1) Retire on or afterJanuary 1, 1996, and I2.4(2) Were appoint on or before Decembe 31, 1995, and 12.4(3) Have attained age 65 at retirement, and 12.4(4) Meet the terms set forth in Secfion 12.1 above, and 12.4(5) Select a health insurance plan offered by the Employer The Employer agrees to contribute a maicimum of $550.00 per month toward the premium for single or family health insurance coverage offered by the Employer to regulaz retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Section shall also apply to eazly retirees who retired under the pmvisions of Section 12.2 when such retirees attain age 65. 12.5 Tlus Section shall apply to fiill time employees who: 12.5(1) Retare on or after January 1, 1996, and 12.5(2) Were appointed on or after 7anuary 1, 1996, and Z2.5(3) Have attaiaed age 65 at retireuient, and 12.5(4) Meet flte conditions of Section 12.1 above, and 12.5(5) Select a health inc,,,�nce plan offered by fhe Employer. The Employer agrees to contribute a ma.�um of $300.00 per month toward the wst of single or family health;nc� coverage offered to regular retirees and their dependents. Any unused portion shait not be paid to the retiree. This section shall also apply to early retirees who retired under the provisions of Section 12.3 when such eazly retirees attain age 65. 12.6 If an employee does not meet the conditions of Section i2.1(3), he/she may purchase single or family health insurance coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by the retiree. Any employee who is receiving a PERA disability benefit, or who is eliable for or receiving a retirement annuity from a Minnesota public pension plan, may continue to participate indefinitely in the City's group medical insurance plan at his/her own expense. 12.7 A retiree may not cany his/her spouse as a dependent if such spouse is also a City retiree or City employee and eligibie for and is enrolled in the City health insurance program. � • 12.8 A retiree's participation in the City's health insurance plan must be continuous. The • retiree must be participating in a City health insurance ptan at the time of retirement. If a retiree chooses not to pazticipate at the time of his/her retirement or if a retiree discontinues his/her participation at a later date, such retiree will not be eligible for any future participation ar for any Employer contribution. 14 D��tlgy ARTICI,E 12 — INSURANCE (Continued) • Survivor Insurance 12.9 The surviving spouse of an employee carrying family coverage at the time of Ius(her death due to a job connected injury or illness which was determined to have arisen out of and in the course of his/her employment under worker's compensation law shall continue to be eligible for city contribution in the same proportions as is provided for retired employees. In the event of the death of an early retiree or a regulaz retiree, the dependents of the retiree shall have the option, within ffiirty (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the premium and Employer contribution accorded to the eligible deceased retiree. It is further understood that coverage shall cease in the event of 12.9(i) Subsequent remarriage of the surviving spouse of the deceased employee or retiree. 129(2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City • health insurance for the first ninety (90) days of said employment. Active Employee Insurance 12.10 Effective for the January 2005 insurance premiums, for each eligible employee covered by this agreement who is exnployed full-time and who selects singie employee health insurance coverage provided by the Employer, the Employer agrees to contribute an amount equal to the 2004 single contribution, plus an amount egual to seventy percent (70%) of the average increase to the premiums af atl plans for 2005. Employees participating in either of the two low-cost plans sha11 teceive, for 2005 only, an additional $15.22 per month towazd the cost of the two low-cost plans, or the full cost of the two low-cost plans, whichever is less. Effective for the January 2005 insurance premiums, for each eligible employee covered by this agreement who is exnployed full-time and who selects family health insurance coverage provided by the Employer, the Employer agrees to contribute an amount equal to seventy percent (70%) of the average premium of ail plans per month, plus for 2005 an additional $10.00 per month. Effective for the January, 2006 insurance prexniums, for each eligibie employee covered by this agreement who is employed full-time and who selects singie employee heaith insurance coverage provided by the Employer, the Employer agrees to contribute an • amount equai to the 2005 singie insurance contribution per month plus an amount equai to 70 % of the average increase to the singie insurance premium of all plans for 2006. For 2006 only, the Employex agrees to provide an additional $7.26 per month for employees who select the low cost plan, or the cost of the low cost plan, whichever is less. 15 ARTICLE 12 - INSiIRANCE {Continued) Effective for the January� 2006 }ncR�rance premiums, for each etigib2e fuil-time employee • who selects family health insurance coverage, the Employer will contribute an amount equal to seventy percent (70%) of the average premium of all plans per month . Effective for the January, 2007 insurance premiums, for each eligible employee cavered by_tlu aQreement who is employed full-rime and who selects employee health insurauce coverage provided by the Employer, the Employer agrees to contribute the amount of the -- 2006 single conhibution per month plus 70% of the average increase fo the single premium of all plans for 2007. For 2007 only, the Employer agrees to provide an additional $8.33 per month for employees who select either of the two low cost plans or the cost of the rivo low cost plans, whichever is less. For each eligible full-time employee who selects family health insurance coverage, the Employer will cotttribute 70% of the average premium of all plans per month. For 2005 only, the total bargaining unit single health inc��rance reimbursement amount for overpayment of employee heatth insurance contributions of $13,161,12 shall be equally divided amongst all 28 bargaining unit members carrying single health insurance coverage for 2005. Ttris amount is $470.04 which is to be added to the base wage of all members carryiag single health insurance coverage in 2005. No other health insurance reunbursement shall be made for 2005 for those with single health insurance coverage. For 2005 only, those members carrying family health insurance shall receive the health • insurance reimbursement for overpayment of employee conhibution minns $470.04 (same as single). The $470.04 shall be added to the base wage of the bargaining unit member. Any remaining health insurance reimbursement amounts for those bargaining � members carrying famity health insurance shalt be reimbursed to them. The $470.04 sfiail be added to the bargaining unit members base wage effective on the first full pay period closest to December 31, 2005. This $470.04 may result in the increasing of the salary ranges by the amount added to base wages for the Attomey and Senior Attorney classifications, The iacrease in the contriburions will be based on fihe auerage premiums (single and family). For three-quarter time employees who select family healtfi in�»rance coverage, the Employer agrees to contdbute 75% of the contribution provided to full-time employees per month. For half-time employees who select family health insurance coverage, the Employer agrees to contnbute 50% of the contribution provided to futl-tima employees per month. If the number of health plans increases, the contribution increases will be based on the plan that is most similar Yo the pian available during the prior year. Employees shall not use pre-tax EmpIoyer contribution insurance doIlazs for the purchase • of long term or short term disability coverage. 16 D� I189 ARTICLE 22 - INSURANCE (Continued) • Part-time employees who aze permanently appointed to a full-time (80 hours per biweekly period) position after the commencement of the plan year, shall be made eligible for the full-time benefits after they have completed at least forty hours in a monthly qualifying pay period as a full-time employee. Full-time employees who are permanently appointed to a part-time (less than 80 hours per biweekly period) position after ffie commencement of the plan year shall be reduced to the benefit level applicable for the hours scheduled by the department. Such reduction shail take effect on the first month the employee does not complete a montiily quatifying pay period as a full-tixne employee. 12.11 For the purpose of this Article, full-time employment is defined as agpearing on the payroll an average of at least 32 hours per week for the twelve (12) month period preceding the annual open enrollment or special enrollments or the period preceding naitial enrollment. Three-quarter time employment is defined as appearing on the payroll an average of at least 26 hours per week but less than 32 hours per week for the tweIve (12) month period preceding the annual open enrollment or special enrollments or the period preceding inirial enrollment. 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 twelve (12) month period • preceding the annual open enroliment or special enrollxnents of the period preceding � initial enrollment. 12.12 All eligible employees regardless of the number of average hours worked must select at least single coverage hospital-medical insurance and employee life insurance in an amount $5000. 12.13 The contributions indicated in this Article 12 shali be paid to a third party administrator and shall not be considered salary. ARTICLE 13 - VACATION 13.1 Vacation credits shali accumulate at the rates shown below for each full hour on the payroll, excluding overtime. Years of Service lst yeaz thru 8th year 9th yeaz thru 15th ye�r 16th year and thereafter • Hours of Vacafion .0654 (1� days) .0846 (22 days) .1038 (27 days) 13.2 The head of the department may pernut an employee to cazry over into the "vacation year" up to one hundred twenty (120) hours of vacation. For the purpose of this article the `�acarion yeaz" shall be the fiscal year (IRS payroll reporting year). 133 The above provisions of vacarion shall be subject to the 5aint Paul Salary Plan and Rates of Compensation, Section I, Sub. H. 17 ARTICLE 13 - VACATION (Continued) 13.4 If an employee has an accumulation of sick leave credits in excess of one hundred and • eighty days, the employee may convert any part of such excess of sick leave at the rate of one-half day's vacation for each day of sick leave credit No employee may convert more thari ten (10) days of sick leave in each calendar year under tlus provision. - -----�2�-�Gb��4-$O�.IDAY-S------------- 14.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays. New Year's Day Labor Day Martin Luther King Day Veterans' Day Presidents' Day Thanksgiving Day Memorial Day Day After Thanksgiving Tndependence Day Christinas Day Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of ffie holidays listed above sha11 fall on Sunday, the succeeding Mottday sfiail be observed as the holiday. I4.2 Eligbility 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 {see pmratiott charts in Salary Plan and Rates of Compensation). For the purpose of this section only, non-holiday hours paid includes hours achially worked, vacation time, compensatory time used, paid Ieave and sick leave. It is further understood that neither temporary nor other employees, not heretofore eligible, shail r�eiveholidaypay. 14.3 Notwithstanding 143, a temporary employee sfiall be eligible for fioliday pay after such employee has been employed as a temporary employee for sixty-seven (67) consecutive _ work days. No temporary employee sfiall be elig`ble for any floating holidays. ARTICLE 15 - LEAVES OF ABSENCE 15.1 Each eligible employee shall accumulate sick leave credits at tlie rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Effective Z/i/06 sick leave shall accumulate at the rate of .0538 for each hour on the payroll, excluding overtime. 15.2 Any employee who has accmnutated sick leave credits as provided above sha11 be gcanted • leave with pay, for absences due to an illness or injury of the employee for such period of time as the employee's supervisor deems necessary and may be granted teave with pay for such time as is actually necessary for office visits to a doctor, dentist, optomeh etc. �3 �a / I! � l ARTICLE 15 — I,EAVES OF ABSENCE (Continued) • An employee may use personal sick leave benefits provided by the Employer for absences due to an illness or injury to the employee's child for such reasonable periods as the employee's attendance with the chiid may be necessary, on the same terms the employee is able to use sick leave benefits for the employee's own illness or injury. An employee may aiso use up to forty (40) hours of sick leave in the case of sudden sicimess or disability of a member of his(her household in order to caze for or make arrangements for the care of such sick or disabled person. This section applies only to personal sick leave benefits payable tc the employee from the Empioyer's generai assets. For purposes of this section, "personai sick leave benefits" means time accrued and available to an employee to be used as a result of absence from work due to personal illness or injury, but does not include short-term or long-term disability or other salary continuation benefits. 153 Any employee who has accumulated sick leave credits, shall be granted one day of such leave to attend the funeral of the employee's grandparent or grandchild, and as much time as the employee's supervisor deems necessary for the death of the employee's mother, father, spouse, child, brother, sister, mother-in-law, father-in-law, or other person who is a member of the household. 15.4 An employee shall be ganted up to a total of sixteen (16) hours during a school year to attend school conferences or classroom activities related to the employee's child, • provided the conferences or classroom activities cannot be scheduled during non-work hours. When the leave cannot be scheduled during non-work hours and the need for the leave is foreseeable, the employee must provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operarion of the Employer. An empioyee shall be allowed to use vacation or compensatory tnne for this leave; otherwise, this leave shall be without pay. 15.5 Voluntary Unpaid Leave of Absence. A full-time employee may be granted up to 480 hours of voluntary leave of absence without pay during the fiscal year. During such leave of absence, the employee shall continue to earn and accrue vacation and sick leave, seniority credits and maintain insurance eligibility as though he/she was on the payroll. Any leave of absence granted under this provision is subject to the approval of the Deparhnent Head. 15.6 Adoprion I.eave. In case of an employee adoption of a child up to five yeazs of age, empioyees shall be pernutted to carry over into the foliowing fiscal year up to 80 additional hours of accrued vacarion time each year up to a total of 240 hours. For up to two yeazs from the date of the execurion of this Agreement, employees may addifionally bonow up to 80 hours of unaccrued vacafion rime from the next fiscal pear. These two adoption provisions shall apply only to one City employee in the event that � both adoptive parents are City employees. 19 ARTICLE 15 — LEAVES OF ABSENCE (Continued) 15.7 Employees will be granted leaves of absence in accordance with the Family Medical • Lea�e Act (FMLA). The empioyer agrees that under FMLA each eligible employee is entitled to take up to twelve (12) weeks of unpaid leave in any twelve month period for any of the following reasons: (According to City policy, available sick leave must be supplemented for conditions specified as eligi`ble for sick leave in this agreement). - — ------------------------------- . Birth of a child of tYce employee and in order to care for the child. . Placement of a child with an employee for adoption or foster care. . Take time off from work because of the employee's own serious health condition. • In order to caze for the spouse, pazent or cluld of the employee when said spouse, parent or child has a serious health condition. 15.8 Maternity/Pazental leave. Maternity is defined as the physical state of pregnancy on an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending siz (6) months after the date of such birth. In the event of an employee's pregnancy, the employce may apply for Ieave without pay at any time during the period stated above and the Employer may approve such leave at its option, and such leave may be no longer than one (1) year. Pregnant employees of the City of Saint Paul shall be eligible for the use of paid sick 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. 15.9 A twelve (12) month Pazental leave of absence without pay shali be granted to a nahual parent or an adoptive pazent, who requests such leave in conjunction with the birth or adopfion of a child. Such lea�e may be extended an additional twelve (12) months �y mutvai agreement between the employee and the Employer. Refusal on the part of the Employer to grant an extension of such leave shatl not be subject to the provisions of Article 9 of this Agreement Employees who return following such leaves of absence shall be placed in a position of equivalent salary and tenure as the one held just prior to the beginning of their leave. ARTICLE 16 — NON-DISCRIMITiATION 16.1 The terms and conditions of this Agreement will be applied to employees equatly without regard to, or dis�*��nation for or against, any individual because ofrace, color, creed, sex, age, or because of inembership or non-membership in the Union. 16.2 Employees will perform their duties and responsibilities in a non-discrim;natory manner as such duties and responsibilities involve other employees and the general public. • 20 p5-llgy i � . ARTICLE 17 - LEGAL SERVICES/F'EES 17.1 Except in cases of malfeasance in office or willfui or wanton neglect of duty, the Employer shall defend save humless and indemnify employee against tort claim ar demand whether groundless or otherwise arising out of alleged acts or oruission occurring in the performance or scope of the employee's duties. 17.2 Notwithstauding Article 17.1, the Employer shall not be responsible for paying any legal service fee or for providing any legal service arising from any legal action where the employee is the Plaintiff. 173 The Employer shall pay for the cost of the license fee for retention of the employees' attorney license. Employees shall provide the appropriate license renewal form to the i3nion president who shall present said forms to the accounts payable staff in a timely manner such that payment may be made prior to any deadlines for renewal. ARTICLE 18 - SENIORITY 18.1 Seniority, for the purpose of this Agreement, shall be defined as follows: The length of continuous, regular or probationary service with the City Attorney's Office from the date an employee was first appointed to an attorney position represented by this bazgaining unit. 18.2 Seniori4y shail tetuzinate when an employee retires, resigns, or is discharged. 18.3 In the event it is detemuned by the Employer that it is necessary to reduce the work force, employees wili be laid off by class title based on inverse length of City Attomey seniority as defined above. 18.4 When the number of employees in a higher tifla is to be reduced, empioyees in the higher rifles who have more City Attorney seniority than employees in lower titles which are in this bargaining unit will be offered reductions to the highest of these titles to which City Attorney seniority would keep them from being laid ofF, before layoffs are made in any class title. 18.5 Employees who have heid class 6fles represented by this bazgaining unit who subsequently accept appoinhnents or assignments to attomey posirions which are not represented by this bazgaining unit shall be allowed, in a11 cases, to return to the currently he?d or comparable class tifle represented by this bargaining unit upon completion of such appointments or assignments. The two attorneys providing legai services in the area of Labor Retations were allocated to the Senior Attorney classification as part of the February 18, 2000 ciassificafion study. Any Deputy City Attomey or Supervisor incumbents who have rights back into the bazgaining unit and who were not allocated as part of the February 18, 2000 study will be allocated to one of the new classes when and if they return to an appointrnent/assigament represented by this bazgaining unit. Nothing in this secrion shall be conshued to negate any other agreements with regard to these employees. z1 ARITCLE 19 - CTTY MII�EAGE 19.1 Chapter 33 of the Saint Paul Administrative Code shall be superceded foz membets of this bargaining unit and replacad by sections 19.2 and 19.3 below. 19.2 To be eligible for mileage reimbursement, an employee must receive written authorizatioa in advance from the Department FIead 19.3 When an employee is required to use his/her personal automobile to conduct authorized City business, the City shall reimburse the employee at the then current Federal I.R.S. mileage reimbursement rate on the most direct route. 19.4 When an employee is required to park his/her automobile at an off-site location while conducting City business, the City shall reimburse the employee for the pazking expense. Nothing in this section shal2 be conshued to authorize tfie Ciry's payment of the employee's normal daily pazldng expenses. ARTICLE 20 - DEFERRED COMPENSATION � 20.1 Effective 1/1/O5, employeas with at least one year of service will be eligible for a deferred compensation match of $200.00 per year by the Employer subject to ttie criteria � listed below. 20.2 Eligibility and implementation: a) For ittitial match, employees must have been employed for a m;n;mum of one calendaz year. b) Employees must be a member of the bargaining unit for a minimum of one calendar yeaz. . c) Employees must have made their complete contributions by December 31 � of the previous calendaz year, d) City matches will be made by Aprii 1 of the following yeaz. e) Employees must be on the payroll as of the date of deferred compensation match. fl If an employee takes a leave of absence to serve as a full-time union official, time served in such capacity, up to siY years, will be counted towazd the years of service requirement • 22 o� �r�y • • • ARTICLE 21- DURATION AND EFFECTIVE DATE 21.1 Complete Agreement With Waiver of Bargaiuing. This Agreement shall represent the complete Agreement between the Union and the Employer. The parties aclaiowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make requests and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Employer and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement. 21.2 Except as herein provided this Agreement shall be effective as of January 1, 2005 and shall continue in full force and effect through December 31, 2007, 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 Public Employment Labor Relations Act of 1984. 21.3 This constitutes a tentative agreement between the parties which will be recommended by the Director of Labor Relations, but is subject to the approval of the Administration of the City, the City Council and is also subject to the ratification by the Union. WITNESSES: CITY OF SAINT PAUL . � � � � _�.____.. /�� � es Vollmer Date Eric L• ate HR Consultant Presi t LOCAL iJNION NO. 3757, DISTRICT COUNCIL NO. 5 OF THE AMERICAN FEDERATION OF STATE, COLTNTY AND MUNICII'AL EMPLOYEES—LEGAL ia �� � C � "'�v�--� ' ! Z l l�, d a� on Schmi Date Kurt Errickson Date Labor Relations Manager Business Representative 23 Q�� 1 /�� • APPENDIX A Salary ranges applicable to tifles covered by this Agreement shall be as shown below: Effective 7anuary 1, 2005 3ob Class (or closest payperia Range Minimum $44,337 ($1698.75) $56,380 ($2160.14) $67,327 ($2579.59) Mid Point $57,748 ($2212.57) $73,129 ($2801.89) $87,005 ($3333.54) Range Asso ciate Attomey Attomey Senior Attorney Effective January 1, 2006 (or closest payperiod) (2.5%) Job Class Range Minimum Mid Point Associate Attomey $45,445 ($1747.88) $59,192 ($2276.60) Attorney $57,790 ($2222.69) $75,310 ($2885.44) Senior Attorney $69,010 ($2654.23) $89,554 ($3431.18) Effective January 1, 2007 (or closest payperiod) (2.5%) Tob Class Range Mnumwn Mid Point • Associate Attorney $4fi,581 ($1791.58) $60,672 ($2333.54) Attorney $59,235 ($2278.27) $77,127 ($2957.58) Senior Attomey $70,'735 ($2720.58) $91,793 ($3516.96) u A-1 ($272639) $89,879 ($3443.64) 6106,683 ($4087.48) Range Maximum $72,938 ($280531) $92,607 ($3 $109,832($4208.13) $74,761 14,923 ($3636.8 112,578 ($4313.33) ��//f�9 • APPENDIX B - WORK SCHEDULES 1.1 All bargaining unit employees aze exempt from the overtime pay pmvisions of the federal Fair Labor Standards Act and similar state legislation as professional employees and are salaried employees of the Ciry who aze not compensated on an hourly basis. 1.2 The normal work schedule for full-time employees covered by this Agreement sha11 consist of a min;n,um of eighty (80) hours within each biweekly payroll period. Employees are generally expected to be working during the normal business hours, weekdays between 8:00 a.m. and 5:00 p.m., or as otherwise established by the Employer for the employee's work goup, subject to the leave provisions of this Agreement, and applicable state and federal statutes. Due to the nature of their work, however, the job duties of persons in this bargaining unit may require the empioyees to work irregular hours, and work on holidays and weekends. Such work requirements are considered an integral part of the job. Therefore, maintaining consistent starting and quitting times and scheduling specific numbers of hours worked in any day or week may be nnpractical. Where their assigned duties and responsibiliries permit, however, and where their Department Head or Supervisor approves, bargaining unit employees may exercise reasonable and prudent discretion in scheduling or varying the normal business hours at which their work is performed. 13 Employees who work more than eighty (80) hours in a two-week payroll period may be • granted compensatory time with the approval of their department head or his/her designee. If granted, compensatory time will be based on a straight time hour for hour basis for time that the supervisor approves. 1.4 Compensatory tune off shall be scheduled and approved in advance. Employees and their supervisors shall diligently work together to schedule compensatory time off so that employees may make maximum use of their accrued compensatory time without unreasonably disrupting the business of the Employer. 1.5 Empioyees leaving the City or the City Attorney's Office must use up any accrued compensatory time and sha11 not be paid for it under any circumstances. 1.6 Empioyees and the LTnion accept the fact that employees are required to attend to the etrrical obligations associated with the pracrice of law, must act to fully serve the needs of their clients and aze obligated to observe scheduled court appearances, depositions, agency and other scheduled meetings, and other such requirements of the pracrice of law, and a�ee that this provision affecting hours of work does not remove those requirements. 1.7 Deeisions made or not made under tlus clause on any individual case are not grievable or azbitrable. However, systematic or repeated decisions which are contrary to the spirit of this Appendix may be grieved under the process set forth in Article 9. • 1.8 The City and the Union agree that this modification of hours of work is experimental and shali not extend beyond the term of this Ageement unless both parties act affirmafively to renew or modify this clause in bargaining for the next contract. � APPENDIX C- MERTT PAY SYSTEM V ✓ �/(L� / � s letter confirms that the parties entezed into the 2000-2002 agreement with the following intenrions and ectations regarding the merit pay system: • The performance system and criteria used under this confract shall be the same performance system and criteria in place at the time of the signing of this agreement. • An employee's performance rating shall be based solely on the employee's performance and not on the financial situation of the City or the City Attomey's Office. • Although dependent on employee performance, the percentage of employees rated at each performance rating is unlikely to change dramatically from the ratings issued over the past four yeazs (1997-2000). • In the event that the percentage of employees rated below a`3' increases from the four-yeaz-average (1997-2000) by more than 10% of the number of employees in the bargaining unit; or in the event that the percentage of employees rated a`4' decreases from the four-yeaz-average (1997-2fl00) by more than 20% of the four-yeaz-average of `4' ratings; the Union could file a class action grievance alleging that the City has artificially decreased ratings inordex to garner cost savings. The Union shall bear the burden of proving allegations under this provision. • The City could defend itself against such a grievance by demonstrating thaC perforxnance ratings were based on legit'vnate performance problems or changes, as documented in the performance review process. If the City asserts such a defense, the City sha11 beaz the burden of proving that the perforsnance ratings were based on legitnnate performance issues. All of the above numbers aze based on net changes in the numbers of employees rated at vazious levels. It is understood that the performance rating of individual employees may vary from year to yeaz, based on perFormance. The City agrees to provide the Union with aggregate data indicating the number of employees rated at each raung level within 30 days after the performance ratings are completed each yeaz. This letter in no way abridges the City Attorney's rights to evaluate performance as outlined in Article 10.4 of this Agreement. CITY OF SAINT PAUL 1 /�L� � . ` �l i�// . " i .- - -•. �, ..� '- �i � - � • Date � � 3 LOCAL UTIION NO. 3757, DISTRICT COUNCIL NO. 14 OF THE AMERICAN FEDERATION OF STATE, COUNTY AND MiJNICIPAL EMPLOYEES LEGAL Date / c-i �-//� � APPENDIX D- Labor Management Committee A Labor Management Committee shall be formed consisting of at least one management representative and no more than four union representatives. This committee shall meet at the request of either party, not to exceed once every other month (unless mutually agreefl to meet more often). Both parties agree that a labor management committee is a forum for discussion of issues; not a forum for negotiations. Management retains all rights as expressed in Article 3 (Management Rights) of this agreement The City and the Union agree that this labor management comxnittee shall not extend beyond the term of this Agreement unless both parties act affirmatively to renew or modify this clause in bazgaining for the next contract. � • D-1 o5-l/g5 ` MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAINT PAUL AND AFSCME DISTRICT COITNCIL #5, Loca13757 The City of Saint Paul (hereinafter "Cit}�') and AFSCME District Council #5, Loca13757 (hereinafter "Union") agree to the terms of the following Memorandum of Agreement (hereinafter "MOA"). The City and Union have actively engaged in a mntualiy beneficial exchange of information and ideas on a"meet and confer" basis at Labar-Management Committee for Health Insurance (hereinafter "LMCHI") meetings. For 2006, the LMCHI recommended the elimination of one traditional health insurance plan and the adoption of a high deductible plan. The LMCHPs recommendat3on does not equate to a selection ofbenefits, the selection ofplans to be offered in subsequent years, nar shall in any way be construed as a form of negotiation. • Since the parties have not been able to reach agreement regarding the impact of this recommendation on the contract language for single heaith insurance stating, "the average increase to the single insurance premium of all plans for 2006," and the contract language for family heakh insurance stating, "the average premium of all plans per month," the parties agree that the LMCHI's recommendation to continue the four current plans plus adopt a High Deductible Plan, will mean that the averaging language in the contracts will not include the premium for the High Deductible Plan. This interpretarion shall only apply for the length of the current collective bargaining agreement. The parties also agree that the High Deductible Plan will not be considered one of the "two low-cost pians" which receive additionai contributions for single health insurance. Althoug� the Parties have now agreed to the dollar amount of the Employer contributions for the length of the current collective bargaining agreement, the Parties have not presently agreed upon an adjushnent to the formula far the City's contribution to health insurance. However, the parties agree that the adjushnents to the formula far the City's contribution for health insurance will be subject to bazgaining for the successor to the existing collective bazgaining agreement. The parties further agree that neither the existence nor the terms of this MOA shall create ar constitute the presumption that the Union has accepted the continuation of the current percentage of City health insurance contribution beyond the current collective bargaining agreement. Neither party has conceded an advantage in future bargaining to the other regarding the negotiation of future City contributions to health insurance. • U5" ll8y � The Union agrees to waive any and all rights to file a grievance or court acrion regazding this change in health insurance plans or the aggregate value of the benefits provided by the health insurance plans recommended by the LMCHI for 2006 health insurance. FOR Tf� CTI'I': � .�.5 ason Sc d Date Labor Relations Manager FOR Tf� iJNION: �� �� Kurt Errickson Union Representative lZ1 �lllbS Date ia� y Eri �son Date Pr ident, Loca13757 The City's contribution for 2006 and 2007 shall be: 2006 SinQle High Deductible: • Deductible: Classic: Plus: Primary: 2007 SinQle High Deductible: Deductible: Ciassic: Plus: Prunary: 2006 Familv All plans: 2007 Familv All plans: $331.75 (Plus $70.00/mth into PEHP prorated monthly for participating months, to be paid annually in the following calendar year — within 60 days) $409�49 $450.20 $429.02 $433.08 $361.61 (Plus $76.25/mth into PEHP prorated monthly for participating months, to be paid annually in the following calendar year — within 60 days) $44634 $487.05 $457.54 $461.60 $827.40 ' •1 :. • G:�ShuedU.,RCOMMG:\Shazed\LRCOMMOIV�LMCHI�2005Wverage MOAs41FSCME LegaI�MOA doc