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05-304a Council File # �5' 3 . . Presented Referred To Committee Date 1 RESOLVED, that the Council of the City of Saint Paui hereby approves and ratifies the attached 2 January 1, 2005 through December 31, 2007 Collective Bazgaining Agreement between the City of Saint 3 Paul and the Saint Paul Manual & Maintenance Supervisors Association. Adopted by Council: Date �i71/i%�O a���. Adoption Certifi�by CouncIl Secretary � Approved by � Green Sheet # 3025905 RESOLUTION OF SAINT PAUL, MINNESOTA (Q Requested by Deparpnent of. ce of Hnmau Resources �_ ^{/' t ATTACHMENT TO THE GREEN SHEET SAINT PAUL MANUAL & MAINTENANCE SUPERVISORS ASSOCIATION Below is a sununary of the changes in the collective bargaining agceement between the City of Saint Paul and the Saint Paul Manual & Maintenance Supervisors Associarion (SPMMSA). Duration: January 1, 2005 - December 31, 2007 Waees: January 1, 2005 0.0% January 1, 2006 (closest pay period) 2.5% January 1, 2007 (closest pay period) 2.5% Health Insurance: The insurance contribution increases follow the same pattern as previously negotiated ageements with other bargaining units for 2005 and continues the same contriburion format for 2006 and 2007. 2005 Single: The 2004 single contribution per month plus 70% of the average increase in the single premium of all plans for 2005 ($44.23.) For 2005 only, employees participating in either of the two low-cost plans shall receive an additional $15.22 per month toward the cost of the two low-cost plans, or the full cost of the two plans, whichever is less. Family: 70% of the auerage premium of all plans, plus for 2005 only an additional $10.00 per month (total is $772.58) 2006 Single: Family: 2007 Single: The 2005 single contribution per month plus 70% of the average increase in the single premium of all plans for 2006. Far 2006 only, employees participating in either of the two low-cost plans shall receive an additional $7.26 per month toward the cost of the two low-cost plans, or the full cost of the two pians, whichever is less. 70% of the average premium of all plans. The 2006 single contribution per month plus 70% of the average increase in the single premium of all plans for 2006. For 2007 only, employees participating in either of the two low-cost plans shall receive an additional $833 per month toward the cost of the two low-cost plans, or the full cost of the two plans, whichever is less. Family: 70% of the average premium of all plans. os - 30.� Green Sheet Attachxnent Saint Paul Manual & Maintenance Supervisors Association Pg 2 Sick Leave- Effective January 1, 2006, the sick leave accrual rate will be reduced from 15 days per yeaz to 14 days per year. Effective January 1, 2007, the sick leave accrual rate will be reduced from 14 days per year to 13 days per yeaz. Deferred Compensation: Effective January 1, 2006, the City will provide an additional $210 per year matching defened compensation conhibution to employees with at least 10 years service. Vacation• The vacation schedule was revised to be similar to other supervisory bargaining units. Seniori : Promotion rules were revised to prohibit ISD #625 employees from gaining promotion rights to classifications represented by the bargaining unit. Uniforms• Safety shoe reimbursement and carryover was eliminated and replaced by an annual contribution for employees who are required to wear safety shoes. Severance: Effective July 1, 2005 the current three severance plans will be eliminated and replaced by a single plan. The new plan will haue a 25 year eligibility requirement, higher minimum number of hours required for severance and a higher masimum payout for employees who have minimal sick leave usage over their career. Other Lanauage Changes: Other language changes (holidays, mileage, life insurance) were of a housekeeping nature for clarification and cleanup. G:\SharedUl2COMMON�CONTRAC7IMMSUP VRY�OS-06\gnattch05-07.doc � , O.S-3�1 Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartrnerM/officekounal: Dafe initiated: Hu -��� 2�-� Green Sheet NO: 3025905 Contaet Person 8 Phone: ���^t Sent To Person lnrtiaB6ate .r�on schmiat � o � pssiyn i �an Rewmcea Must Be on Cou�ii Agenda by (Date): N�mber Z for Routing 3 r's ce M r/Acsisfant Order 4 • . 5 Clerk Qe Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approval of the attached January 1, 2005 through December 31, 2007 Labor Agreement between the City of Saint Paul and the Saint Paul Manual & Maintenance Supe:visors Associafloa Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions: Planning Commission 1. Has this pecsonlfirm ever waiked uMer a co�tract fa this depactrneat? C1B Commiltee Yes No Civil Service Commission 2. Has this persoNfirm ever been a city employee? Yes No 3. Does this persoNfirm possess a sldll nM normaliy possessed by any curreM city employee? Yes No � Explain afl yes answers on separate sheet and attach to gteen sheM laitiating Psoblem, luues, Oppottuaity (Who, What, When, Where, Why); The Labor Agreement rvith the Saint Paul Manual & Maintenance Supervisors Las expired. The City of Saint Paul is required to negotiate with the bazgnining unit AdvantageslfApproved: An agreement reached through good gfaith bazgaining will be in place through December 31, 2007. Disadvantages ff Approved: None. DisadvanWges If Not Approved: The City would be xequired to reopen negotiations with the bargaining unit Ttris would strain relations with the bazgaining unit and possibly lead to azbitration. Totai AmouM of � �'* � �' CosURevenue Budgeted: ,�„t;;�t?'�� ;. �s"�l�i�v�%��� Transad"+on: �: Punding Source: Activity Number: � Financial lnfortnation: !9L � � � (Explain) � r :� os 3� �_ _ � - � � � � : � � � , � 2005"- 2407 � � � .. - -- . LABOR AGREENiENT � �_ • -,__ ' = __ : ���rw��v _ _ _ _ - _ _ THE CITY OF SAYl�TT PAUL - ,_ , arr� - �" TH� SATNT PAUL IYIANITAL & lYTA�IYTENANCE � _� ; ; _ �. � � STIPER�SOR'� ASSOCIAI � . .: � �, _ � <: � -. . _ ,- _ � _ v � � �;, ;_- . ��-:. � ,. .� _ �_�� - - ���� _ _� US-3oy � ARfiICLE INDEX 1 Purpose of Agreement ................................................................................................................. l Z Recognition .....................:......................................................................................................••--1 3 Maintenance of Standards ...........................................................................................................2 4 Employer Security ......................................................................................................................2 5 Employer Authority .................................................................................................................... 2 6 Association Security ...................................................................................................................2 7 Employee Rights-Grievance Procedure ....................................................................................... 3 8 Savings Clause ............................................................................................................................ 6 9 Seniority .....................................................................................................................................6 10 Discipline ................................................................................................................................... 7 11 Overtime and Premiums .............................................................................................................. 8 12 Uniforms ....................................................................................................................................9 13 Vacation .....................................................................................................................................9 14 Holidays ...................................................................................................................................10 15 Insurance ..................................................................................................................................11 • 16 CityMileage .............................................................................................................................15 17 Severance Pay ...........................................................................................................................15 18 Working Out of Classification ...................................................................................................18 19 Sick Leave and Pazental Leave ..................................................................................................18 20 No Strike, No I,ockout ..............................................................................................................20 21 Right to Subcontract .................................................................................................................20 22 Deferred Compensation ............................................................................................................20 23 Wage Schedule .........................................................................................................................20 24 Terms of Agreement ................................................................................................................24 Memorandum ofUnderstanding (WOOC) ................................................................................25 On-Call Letter ...........................................................................................................................26 • i os 3a � ARTICLE 1- PURPOSE OF AGREEMENT �.1 This Agreement is entered into between the City of Saint Paul, hereinafter called the Employer, and the St. Paul Manuai and Maintenance Supervisors Association, hereinafter caIled the Association. Place in written form the parties' Agreement upon terms and conditions of empioyment for the duration of this Agreement. ARTICLE 2 - RECOGNITION 2.1 The Bmployer recognizes the Association as the exclusive representative, under the Public Employment Labor Relations Act of 1984, as amended, for all personnel in the following classifications: All manual maintenance supervisors who are empioyed for more that fourteen(14) hours per week and more than siaty-seven (67) works days per year by the City of Saint Paul, excluding all other Employees. Titles included: • Animal Control Supervisor Bridge Maintenance 5upervisor I Bridge Maintenance Supervisor II Building Maintenance Supervisor - Fire Department Building Maintenance Supervisor - Libraries Building Maintenance Supervisor - Parks & Recreation Custodian Engineer (Public 5afety Building) Dispatcher Equipment Maintenance Supervisor Forestry Supervisor I Forestry Supervisor II Golf Course Superintendent Marina 5ervices Supervisor Metez Operations Supervisor Park Maintenance Supervisor I Park Maintenance Supervisor II Public Works Field Supervisor Public Works Supervisor I Public Works Supervisor II Public Works Supervisor IIi Senior Zoo Keeper Sewer Supervisor I Sewer Supervisor II Sewer Supervisor III Traffic Maintenance Supervisor I Traffic Maintenance Supervisor II Vehicie Mechanic Supervisor I Vehicle Mechanic Supervisor II Water Maintenance Supervisor Water Plant Production Supervisor Water Service Supervisor Watershed Supervisor I Watershed Supervisor II Water Utility Mains Supervisor Zoo Supervisor 2.2 In the event the Empioyer and the Association aze unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shail be submitted to the Bureau of Mediation Services for determination. It is understood that this provision sha11 refer to the Bureau of Mediation Services only such issues as by law are under its jurisdiction. 2.3 The Employer shall not enter into any Agreements covering terms and conditions of employment with the Employees of the bazgaining unit under the jurisdiction of this Agreement, either individually or collectively which in any way conflicts with the terms and conditions of this � Agreement, except through the certified representative. 05-30� ARTTCLE 2 - RECOGNT�ION (Continued) 2.4 Neither the Associarion nor the Bmployer shall discriminate against any Bmployee because of Association membership or non-membership, or because of his/her race, color, sex, religion, national • origin, or political opinion or affiliations. 2.5 All existing Civil Service Rules shall apply except those superseded by this Agreement. ARTICLE 3- MAINTENANCE OF STANDARDS 3.1 The City agrees that all conditions of employment relating to wages, hours of work, overtime differentials, vacations and general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Sanrt Paul and Saint Paul Satary Plan and Rates of Compensafion at the time o£the signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for unprovement are made elsewfiere in this Agreement. ARTICLE 4 - EMPLOYER SECURITY 4.1 The Association agrees that during tha life of this Agreement it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with the normal functions of the Employer. ARTICLE 5 - EMPLOYER AUTHORITY 5.1 T'he Employer retains the sole right to operate and manage alI manpower, facilities and eqaipment in accordance with applicable laws and regulations of appropriate authorities. 52 Any terms and conditions of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. 53 The exercise by the Employer of, or its waiver of, or its failure to exercise its full right of management or decision on any matter or occasion, shall not be a precedent or be binding on the Employer, nor the subject or basis of any grievance not admissible in any arbitration proceeding. 5.4 A public Employer is not required to meet and negotiate on matters of inherent managerial policy which include, but are not limited to, such azeas of discretion or policy as the functions and programs of the Employer, its overall budget, utilization of technology and organizational structure and selection and direction and number of personnel. ARTICLE 6 - ASSOCIATION SECURITY n U 6.1 The Employer shall deduct from the wages of the Employees who authorize such a deduction in • writing an amount necessary to cover monthly Association dues. Such monies shall be remitted as directed by the Association. c�=3ay � ARTICLE 6 - ASSOCIATION SECURITY (Continued) 5.2 The Association may designate Employees from the bazgaining unit to act as stewards and alternates • and shali inform the Employer in writing of such choices and of changes in the positions of stewards and/or aiternates. It is fiuther understood that the number and locations of stewazds shall be limited and confined to numbers and locations as are necessary and reasonable to admizuster the provisions of this Agreement. 6.3 The Employer shaii make space available on the Employee bullet3n boazd for the posting of Association notice(s) and announcements(s). 6.4 The Association agrees to indemnify and hold the Empioyer hazmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Articie. 6.5 The Employer agrees that on the Employer's premises and without loss of pay the A ssociation stewazds shall be allowed to post official Association notices of the designated representatives, to transmit communications authorized by the Association or its officers under the terms of this contract, and to consuit with the Employer, its representative, Association officers or the Association representative concerning the enforcement of any provisions of this A.greement, so long as such action does not interFere with regular Employee duties and is reasonable and necessary. 6.6 Stewards are authorized to perform and dischazge the duties and responsibilities which are assigned to them under the terms of this Agreement and any supplementary Agreements. The Employer agees that there shall be no restraint, interference, coercion or discrimination against a steward • because of the performance of such duties. 6.7 Any present or future Employee who is not an Association member may be required to contribute a fair share fee for services rendered by the Association. Upon notification by the Association, the Employer shall check off said fee from the earnings of the Employee and transmit the same to the Association. In no instance shall the required contribution exceed a pro-rata share of the specific eapenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shail remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. It is also understood that the Association agrees to indemnify and hold the Employer hannless against any and all claims, suits, orders or }udgments brought or issued against the City as a result af any action taken or not taken hy the City under the provisions of this section. ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance - The procedure established by this Article sha11 be the sole and exclusive procedure for the processing of grievances which are defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. It is understood by the Association and the Employer that if an issue is submitted and determined by this grievance procedure, that issue shall not again be submitted for azbitration under the provision of the Rules and Regulations of Civil Service. It is further understood that if an issue is submitted and deternuned by • the grievance procedure under the Civil Service Rules and Regulations, it shall not again be submitted for arbitration under the procedures set forth in this Article. os-�f ARTICLE 7 - GRIEVANCE PROCEDURE (Continued) 7.2 Association Representatives - The Employer will recognize Represematives designated by the Association as the grievance representatives of the bargaining uait having the duties and • responsibilities established by this Article. The Association shall notify the Employer in writing of the names of such Association representatives and of their successors when so designated as provided by 62 of this Agreement. '73 Processing of a Grievance - Tt is recognized and accepted by the Association and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and an Association Repzesentarive shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the Employer during normal working hours provided that the Employee and the Associarion Representative have ttotified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 7.4 Procedure - Cmevances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1 An Employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty one (21) calendaz. days after such alleged violation has occ�rred, 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 seven (7) calendaz 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, the remedy requested, and shall ba appealed to Step 2 within seven (7) calendar days after the Employer-designated representative's final answer in Step 1. Step 2 Tf appealed, the written grievance shall be presented by the Associarion and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Association the Employer's SYep 2 answer in writing within sevea (7) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 wittrin seven (7) calendaz days following the Employer-designated representative's fuial Step 2 answer. Step 3 If appealed, the written gzievance shall be presented by the Association and discussed with the Labor Relations Director or lus/her designee. The Employer-designated representative shall give the Association the Employer's answer in writing within seven (7) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within seven 7) calendar days following the Employer-designated representative's fmal answer in Step 3. � 05-ao� � ARTICLE 7 - GRIEVANCE PROCEDURE (Confinued) Ootional Mediation Steu • 1. ffthe grievance has not been satisfactorily resolved at Step 3, either the Union or the Empioyer may, witlun ten (10) calendaz days, request mediation. 7f both 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. 2. Grievance mediation is an optional and voluntary parY of the grievance resolution process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to arbitration shall be delayed for the period of inediation. Either party may at any time opt out of inediation at which time, the Union may then proceed to azbitration. 3. The grievance mediation process shall be informai. Rules of evidence shaIl not apply, and no record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and argument to support their case. The mediator may meet with the parties in joint session or in separate caucuses. 4. At the request of both parties, the mediator may issue an oral recommendation for settlement. 5. Unless the parties agree otherwise, the outcome shall not be precedential. 6. If the grievance is not resolved and is subsequently moved to azbitration, such proceeding • shall be de novo, in that, nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resolution or offers of settlement may be used or referred to during arbivation. Step 4 A grievance unresolved in Step 3 and appealed to Step 4 by the Association shall be submitted to arbitration subject to the provisions of the Public Bmployment Labor Relations Act of 1971 as amended. The selection of an arbatrator shali be made in accordance with the "Rules Goveming the Arbitration of Crrievances" as established by the Bureau o£Mediation Services. 7.5 Arbitrator's Authority — A. The azbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Association, and shall have no authority ta make a decision on any other issue not so submitted. H. The arbitrator sha11 be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the, application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parCies, whichever be later, unless the parties agree to an e�ension. The decision shall be binding on both the Employer and the Association and shall be based solely on the azbitrator's interpretation or . application of the e�ress terms of this Agreement and to the facts of the grievance presented. OS-�o�¢ ARTICLE 7 - GRiEVANCE PROCEDURE (Continued) C. The fees and eacpenses for the azbitrator's services and proceedings shall be bome equaily by the Employer and the Association provided that each party shall be responsible for . comgensating its own representatives and witnesses. If either parry 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 shared equally. 7.6 Waiver of grievances/ missed timelines. I£ a grievance is: (1) not presented within twenty one (21) calendar days of its occurrence by the employee as described in Step 1; or (2) azbitration has not been requested by the Association within 60 calendaz days of the Association's filing of its written grievance in Step 2, it sha11 be considered "waived". If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Association may elect to treat the grievance as denied at the step and immediately agpeal the grievance to the neact step. The time limit in each step may be eaftended by mutual written agreement of tlxe Employer and the Association in each step. ARTICLE 8 - SAVINGS CLAUSE 8.1 This Agreement is subject to the laws of the United States, the State of Mittnesota. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose finai judgment or decree no appeal fias been taken within the time provided, such provisions sha11 be voided. All other pmvisions shatl continue in full force and effect. The voided provision may be renegotiated at tke written request of either party. All other provisions of this • Agreement shall continue in full force and effect. ARTICLE 9 - SE1vIORITY 9.1 Seniority, for the purpose of tius Agreement, shall be deSned as follows: A. "City Seniority" - The length of continuous, regular and probationary service with the Employer from the last date of employment in any and all class tifles, B. "Class Seniority" - The length of continuous, regulaz and probationary service with the Employer from tfie date an Employee was first certified and appointed to a cIass titIe covered by this Agreement, it being further understood that class seniority is confined to tfie current class assi,g�meat held by an Employee. 92 Seniority shall terminate when an Employee retires, resigns, or is discharged. 93 Seniority shall not accumulate during an unpaid leave of absence, e�ccept when such leave is granted for a period of less than thiriy (30) calendar days; is granted because of illness or injury; is granted to allow an Employee to accept an appointment to the unclassified service of the Employer; or is granted to take an elected or appointed full-time position with the Association. C� b5-�� ARTICLE 9 - SENIORITI' (Continued) 9.4 In the event it is determined by the Employer that it is necessary to reduce the work force, � Employees will be laid-off by ciass titie within each division based on inverse length of "Class Seniority." Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after two years of layoff. In cases where there are promotional series, such as Supervisor I, Supervisor II, Supervisor III, etc., when the number of Employees in these higher titles is to he reduced, Employees who have held Iower titles which are in this bargaining unit will be offered reductions to the highest of these titles to which class seniority would keep them from being laid oi� before layoffs aze made by any class title in any department. It is further understood that a laid offEmployee shall have the right to placement in any lower-paid class title, provided said Employee has been previously certified and appointed in said lower-paid class tide. In such cases, the Employee shall first be placed on a reinstatement register and shall have "Class Seniority" based on the date originally certified and appointed to said class. Employees may also apply for positions in a lower ciass but may, nevertheless, retum to original class as provided in pazagraph (A) above. 9.5 To the ea�tent possible, vacation periods shall be assigned on the basis of "City Seniority," within each class, by division. It is however, understood that vacation assignments shall be subject to the ability of the Employer to maintain operations. 9.6 Promotions shali be handied in accordance with cunent Civil Service Rules and practices. Civil Service Rule 8.A.3 and Civil5ervice Rule 14 shall not apply to applicants and employees who transfer from ISD #625. •9.7 � The Employer shall post a seniority list at least once every six (6) months. Notwithstanding anything in this Agreement to the cornrary, no employee in a position outside this bazgaining unit may bump into a position in this unit, except as described here: 9.8.1 an employee outside the unit may return to a vacancy in this unit if selected following prescribed procedures; 9.8.2 an employee outside the unit may bump the most junior employee in a position previously held by the returning employee if a bumping right has been provided under the Tri Council agreement to members of this unit. and if provided, the rights of employees attempting to bump back into this unit sha11 be the same in every respect but shall not exceed those rights given to members of this unit by the Tri Council contract. ARTICLE 10 - DISCIPLINE 10.1 The Employer will discipline Empioyees for just cause only a) Oral reprimand; b) Written reprimand; • c) Suspension; d) Reduction; e) Discharge. Discipline will be in the form of. � 5- �`� ARTICLE 10 — DISCIPLIN� (Continued) 10.2 Suspensions, reductions and dischazges will be in written form. 103 Employees and the Association will receive copies of written reprimands and notices of suspension � and discharge. 10.4 Employees may examine all information in their Employer personnel files that concerns work evaluation, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the Employer. No documents conceming work evaluation or discipline of an Employee will be placed in the Employee's personnel file nnless it contains the signahue of the Employee acknowledging the Employee's receipt of the document prior to placing it in the file. 10.5 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the Employee and/or Association may request, and shall be entitled to a meeting with the Employer representative who initiated the suspension with intent to dischazge. During said five (5) day period, the Employer may affirm the suspension and discharge in accordance with Civil Service Rules or may modify, or withdraw same. I0.6 An Employee to be questioned conceming an investigarion ofdisciplinary action shall fiave tfie right to request that a Association representative be present. ARTICLE 11- OVERTIME AND PREMIUMS 11.1 Employees (with the exception ofthose covered in Section 11.2 hereofl shall be paid one and • one-half (I.5) times the regular rate of pay for work performed in excess of the regular work day andlor the forry (40) hour work week. 11.2 Employees in classifications in salary grade 42 or above shall be paid straight time for work performed in excess of tkie regular work day and/or forry (40) hour work week. 113 An Employee who is called back to work following the completion of his/her regular work day shall be guazanteed four (4) hours pay at his/her regulaz straight time rate. 11.4 An Employee shall be compensated in either compensatory time off or overtime payment in cash. Employees may express a written preference for the method of overtime paymern, cash or compensatory time. 11.5 A night differential of five percent (5%) shall be provided to Employees who work night shifts as defined herein. A night shift witl be considered to be a regularly assigned shift beginning earlier than 6 a.m., or ending later than 6 p.m., provided that at least five (5) hours of said shifr aze worked beriveen the hours of 6 p.m. and 6 a.m. It is fiuther understood that in case of regularly assigned slufts beginning eazlier than 6 a.m. or ending later than 6 p.m. which involve less than five (5) hours of work, an Employee shall be eligible for the night differential only for the hours actually worked during night shift hours. 11.6 Employees may decline to carry city cell phones, pagers or beepers during non-working hours. In � the event that the City directs an employee to cazry city ceil phones, pagers or beepers to standby for non-worlang hours, the Employer and the Association shall establish a premium for such duty. � . AR'�ICLE 12 - LTNIFORMS 12.1 The City shall fiunish a uniform or required equipment to any employee who is required by the City � to wear the uniform or utilize the equipmern as condition of employment. After providing, at its expense, an initial uniform to employees required to wear a uniform, the City will reimburse these employees for necessary replacement parts o£the uniform annuaily per calendar yeaz beginning the year after the employee's inirial issue of uniform. Employees must present receipts to be reimbursed. 12.2 The Employer agrees to pay $50.00 per yeaz for safery shoes purchased by an Employee who is a member of this unit. The Empioyer shall only contribute toward the cost of one pair of shoes per contract year. This reimbursement sha11 be made only after investigation and approval by the immediate supervisor of that Employee. This Employer contribution sha11 apply only to those Employees who are reqnired by the Employez to weaz protective shoes or boots. Employees may carryover up to a total of $160.00 per yeaz for the pwchase of shoes, i.e., the maximum reimbursement for any one yeaz could be $210.00 ($160 carryover plus $50/year). 12.2 (a) Effective 1!1(06 the following shall govem the payment of safety shoes. The Empioyer agrees to contribute $100.00 per payroll yeaz to each employee of the bazgaining unit who is required by the Employer to wear protective shoes or boots. This contribution will be made for employees on the payrolt as of January 1�`. Employees hired after Ianuary 1�` will receive one-half the normal allowance for that payroll year. 123 The Employer shall provide each empioyee in the title of Golf Course Snperintendent who is required to wear a spec'�ed uniform with four (4) uniforms for full-time employees and two (2) • uniforms for part-time employees. The uniform will consist of either a shirt or sweatshirt selected by the Employer. Employees will be required to weaz the uniform while on duty and will be responsible for the care and upkeep of their uniforms. ARTICLE 13 - VACATION 13.1 In each calendaz year, each fuli-time Employee shall be gramed vacation according to the following schedule: Years of Service 0 thru 4th year Sth year thru 9th yeaz lOth yeazthru 15th year 16th yearthru 23rd year 24th year and thereafter Vacation Granted 12 days 19 days 21 days 26 daqs 28 days Effective 7anuary 1, 2006, each full-time Employee shall be granted vacation according to the following schedule: Years of 5ervice 0 thru 7�` year � 8�'�ear thru 15�' yeaz 16 yeaz thru 23r yeaz 24�` yeaz and thereafter Vacation Granted 17 days 22 days 26 days 28 days (�5- 3� ARTICLE 13 — VACATION (Continued) 13.2 Empioyees who work less than full-time shall be granted vacation on a pro rata basis. 13 3 The head of the department may permit an Employee to carry over into the following fiscal yeaz up to one hundred twenty (120) hours of vacation. The vacation cap of 120 hours shall be applied on the last work day of the calendaz year. 13.4 The above provisions of vacarion shall be subject to Resolution No. 6446, Section I, Sub. H, unless the contract provisions directty conflict with the Sa[ary Pian. In such cases, the Ianguage of the comract shall supercede/replace the conflicting language of the Salary Plan. 13.5 For the purposes of this Article, yeazs of service shall be defined as the number of years since the Employee's date of appointment. This shall not include years of service prior to a resignation. 13.6 For the purposes of this article, qualifying years of service shall be determined based on employment date. This sha12 apply to both part-rime and fu11 time employees. ARTICLE 14 - HOLIDAYS � �J 14.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Years Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Day After Thanksgiving Ctuistmas Day � Bligible Employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 14.2 Fioating holidays have been incorporated in to the vacation schedule. 143 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee must be employed as of the date of the holiday and have paid hours on the payroll for that pay period. The amount of holiday time earned shall be based upon the number of non-holiday hours paid during that pay period (see pro-ration charts in Salary Plan and Rates of Compensation). For the purpose of this section, non-holiday hours paid includes hours actually worked, vacation time, compensatory time, paid leave and sick leave. It is further understood that neither temporary, emergency nor other Employees not heretofore eligible shall receive holiday pay. 10 � os-�oy ARTICLE 14 — HOLIDAYS (Continued) 14.4 Major holidays, for the purpose of this Section, shall include the following: New Year's Day; � Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day. Minor holidays, for the purQose of this Section, shall include the following: Martin Luther King Day, Presidents' Day, Veterans' Day, and the Day after Thanksgiving. An Employee worldng a major holiday as defined herein shall receive time and one-half (1.5) lus/her regular rate of pay for all work performed on such holiday, and an Employee worlffng a minor holiday as defined herein shall receive straight time for such holiday work, it being understood that all paymeirts for haliday work shall be in addition to regulaz holiday pay. Beginning with the 2003 Veterans' Day holiday, all holidays listed in this article 14.4 shall he considered as major holidays. ARTICLE 15 - INSURANCE 15.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by the Employer shall be solely controlled by the contracts negotiated by the Employer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by the benefit providers. However, the Employees selecting the offered plans agree to accept any changes in benefits which a specific provider impiements. 15.2 Effective for the January 2005 insurance premiums, for each eligible employee covered by this Agreement who is employed full time and who selects single employee health insurance coverage provided by the Employer, the Employer will contribute the 2004 single contribution per month plus � 70% of the average increase in the single premium of all plans for 2005 ($44.23.) For 2005 only, employees participating in either of the two low-cost plans shall receive an additionai $15.22 per month toward the cost of the two low-cost plans, or the full cost of the two plans, whichever is less. For each eligible full-time employee who selects family health insurance coverage, the Employer will contribute 70% of the average premium of all plans per month, plus for 2005 only an additional $10.00 per month [Total is $772.58]. The increase in the contrihutions will be based on the average premiums (single and family). Effective for the January, 2006 insurance premiums, for each eligible employee covered by this agreement who is employed full-time and who selects employee health insurance coverage provided by the Employer, the Employer agrees to contribute the amount of 2005 single contribution per month plus 70% of the average increase to the single premium of all pians for 2006. For 2006 only, the Employer agrees to provide an additional $7.26 per month to employees who select either of the two the low cost plans, or the full amount of the low cost plans, whichever is less. For each eligible full-time employee who selects fanuly health insurance coverage, the Employer wili contribute 70% of the average premium of all plans per month. The increase in the contributions will be based on the average premiams (single and family). � 11 b��o� ARTICLE 15 - INSURANCE (Continued) Effective for the January 2007 insurance premiums, for each eligible employee covered by this agreement who is employed full-time and who selects single employee health insurance coverage � provided by the Employer, the Empioyer will conh the amount of the 2006 single contribution per month plus 70% of the average increase to the single premium of all plans for 2007. For 2007 only, the Employer agrees to provide an additional $833 per month for employees who select either of the two.lowest cost plans, or the fu11 amount of the lowest cost plans, whichever is Iess. Effective for the 7anuary 2007 insurance premiums, for each eligible fuil-time employee who selects family health insurance coverage, the Employer will contribute 70% of the average premium of all plans per month. The increase in the contributions will be based on the average premiums (single and family). 15.3 The Employer agrees to co�tribute the cost of Life Insurance in the amount of $50,000. This contribution shall be paid to the City's Grroup Health and Welfaze Plan. Retiree Insurance 15.4 Employees who retire mnst meet the following conditions at the time of retirement in order to be eligibie for the Employer contributions, listed in Sections I5.5 through 15.15 below, toward a health insurance plan offered by the Employer: 15.4(1)Be receiving benefits from a public Employee retirement act at the time of retirement, . and 15.4(2)Have severed his/her relationslzip with the City of Saint Paul for reasons other than misconduct, and 15.4(3)Haue completed at least ZO yeazs service (or 15 years if receiving a disability pension) with the City of St. Paul. Employment with School District #625 will not be counted towazd the years of service requirement for Employees hired after Ol/Ol/97 for purposes of retiree health eIigibility. Early Retirees 15.5 This Section shall apply to fizll time Employees who: 15.5(i)Retire on or a$er January 1, 1996, and 15.5(2)Were appointed on or before December 31, 1995, and 15.5(3)Have not attained age 65 at retirement, and 15.5(4)Meet the terms set forth in Section 15.4 above, and 15.5(5) Select a health insurance plan offered by the Employer. Until such Employees reach sixty-five (65) yeazs of age, the Employer agrees that for retirees selecting single coverage, the Employer will provide the same contribution as is provided for active Employees selecring single coverage under this Agreement. This amount, however, shall not exceed • $350.00 per month. 12 05-30� ARTICLE 15 - INSURANCE (Continued) For Employees selecting family health insurance coverage, the Employer will contribute $350.00 per � month towazd the premium for faznily health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. In addition, the Employer will contribute the cost for $5,000 life insurance until the retiree attains the age of 65. When such early retiree attains age 65, the provisions of Section 15.7 shall apply. 15.6 This Section shall apply to full time Employees who: 15.6(1)Retire on or after January Z, 1996, and 15.6(2) Were appointed on or after January 1, 1996, and 15.6(3)Have not attained age 65 at retirement, and 15.6(4)Meet the conditions set forth in Section 15.4 above, and 15.6(5)Select a health insurance plan offered by the Employer. tJntil such retirees reach sixty-five (65) yeazs of age, the Bmployer agrees to contribute a maximum of $300.00 per month towazd the cost of single or fanuly health insurance coverage. Any unused portion shall not be paid to the retiree. Tn addition, the Employer will contribute the cost for $5,000 life ittsurance until the retiree attains the age of 65. When such eazly retiree attains age 65, the provisions of Section 15.8 shall apply. Upon such retiree reaching the age of sixty-five (65), such Employer contributions towazd such eariy � retiree coverages shall temunate. The Employer will also contribute the cost for $5,000 of life insurance coverage for such eazly retiree until the early retiree reaches age siacty-five (65), at which time the life insurance coverage shall ternunate. Regular Retirees (Age 65 and over) 15.7 This Section shall appiy to full time Employees who: 15.7(1)Retire on or after January 1, 1996, and 15.7(2)Were appointed on or before January 1, 1996, and 15.7(3)Have attained age 65 at retirement, and 15.7(4)Meet the terms set forth in Section 15.4 above, and 15.7(5) Select a health insurance plan offered by the Employer. The Employer agrees to cornribute a maximum of $550.00 per morrth towazd the premium for single or family health insurance coverage offered by the Employer to regular retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Sectlon shall also appiy to early retirees who retired under the provisions of Section 15.5 when such early retirees attain age 65. � 13 os �6� ARTICLE 15 - INSURANCE (Continued) 15.8 This Section shall apply to full time Employees who: 15.8(1) Retire on or after January 1, 1996, and I5. $(2) Were appointed on or after 7anuary 1, 1996, and 15.8(3) Have attained age 65 at retirement, and 15.8(4) Meet the terms set forth in Sections 15.4 above, and 15.8(5} Select a health insurance plan offered by the Employer. The Employer agrees to contribute a maacimum of $300.00 per month towazds the cost of single or . family health insurance coverage offered to regular retirees and their dependents. Any unused portion shall not be paid to tfie retiree. This Section shall also apply to eazly retired under the provisions of 5ection 15.6 when such early retirees attain age 65. t 5.9 If an employee does not meet the condirion of Section 15.4(3}, but does satisfy the conditions in 15.4(1) and (2), heJshe 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. 15.10 A retiree may not cany his/her spouse as a dependent if such spouse is also a City retiree or City Employee and eligible for and is enrolled in the City's health insurance program. � � 15.11 Any cost of any premium for any City-offered Employee or family insurance coverage in excess of � the dollar amounts stated in ttris Article 15 shall be paid by the Employee. 15.12 The contributions indicated in ttris Article shall be paid to the Employer's Third Pazty Administrator. 15.13 The Emptoyer wilt provide a, system whereby the Emptoyee's contriburion toward premiums for the Employee selected health inswance coverages can be paid on a pre-taY basis. Employees covered by this Agreement will be eligible to participate in the Flexible 5pending Account as offered by the Employer. The service fee chazged to participating Employees shall be paid by the Employer. 15.14 Employees covered by this Agreement shall be eligible to participate in the Dependent Care Reimbursement Account offered by the Employer. The service fee charged to participating Employees shall be paid by the Employer. Survivor Insurauce 15.15 The surviving spouse of an Employee cazrying family coverage at the time of his/her death due to a job connected injury or illness which was determined to ha�e arisen out of and in the cowse of his/her employment ander worker's compensation law shall continue to be eligible for City contribution in the same proportions as is provided for retired Employees. In the event of the death of an eazly retiree or a regular retiree, the dependents of the retiree shall have the option, within thirty (30} days, to continue the current hospitalization and medical benefits � which said dependents previously had, at the premium and Employer contribution accorded to the eligible deceased retiree. 14 os-�� ARTICLE 15 - INSURANCE (Continued) It is further understood that coverage shall cease in the event of � 15.15(1) Subsequent remarriage of the surviving spouse of the deceased Employee or retiree. 15.15(2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. In this evem, however, the surviving spouse or dependent shali have the right to maintain City health insurance for the first ninety (90) days of said employment. ARTICLE 16 - CITY NIILEAGE 16.1 Automobile Reimbursement Authorized: Chapter 33 of the Saint Paul Administrafive code shall be superceded for members of this bargaining unit by this article. 16.2 Method of Computation: To be eligibie for such reimbursement, all officers and Employees must receive written authorization from the Department Head. 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 cunent Federal I.R. S. maleage reimbursement rate on the most direct route. 163 The City will provide pazking at a location and manner of the Employer's choice within a reasonable distance of the work site for City Employees on the above mentioned type of reimbursement plan who aze required to have their personal oar available for City business. Such pazking will be � provided only for the days the Employee is required to have his or her own personal caz available as authorized by the Department Eiead. ARTICLE 17 - SEVERANCE PAY 1 �.1 The Employer shall provide three (3) severance pay plans as set forth in tlus Articie. The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. This severance pay program shall be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where the speci�c provisions of this Article conflict with said ordinance and in such cases, the provisions of this Article shall controi. 17.2 Eligibility. Plan 1 Any Employee hired on or before December 31, 1984, may, upon meeting the qualifioations of this Article or Ciry 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. Plan 2 Any Employee hired after December 31, 1984, but on or before December 31, 1989 is eIigible to participate only in Plan 2 or Platt 3 as set forth in this article. � Plan 3 Any employee Iured on or after 7anuary 1, 1990, is eligible to participate only in Plan 3 as set forth in this article. 15 �- 3a� ARTICLE 17 - SEVERANCE PAY (Confinued) The election by the Employee to draw severance pay under one of the.plans for which s/he is eligible shall be made at the time of sepazation of service. Such eIection shall be irrevocable and the � election of one ofthe pIans shall baz the employee from etigibility to receive benefits under any of the other severance plans. 173 PIaR I. Plan 1 is the severance pay plan described in Ordinance No. 11490, as amended by Ordinance No. 163�3. 17.4 Plan 2. In addition to the eligibility requirements set forth in 17.2 above, an employee must meet the following requirements to receive a benefit under Plan 2: 17.4.1 The Employee must be 58 yeazs of age or older or must be eligible for pension under the "rule of 85" or "rule of 90" provisions of the Public Employees Retirement Association (PERA). 17.42 The Employee must be voluntarily sepazated from City employment or have been subject to sepazation by layoff or compulsory retirement. Those Employees who are dischazged for cause, misconduct, inefficiency, incompetency, or any other ciisciplittary reason are not eligible for the City severance pay program. For the purpose of tlus severance program, a death of an Employee shall be considered as separation of employment, and if the Employee _ woutd have met all of the requirements set forth above at the time ofhis or her death, payment of the severance pay may be made to the Empioyee's estate or spouse. For the purpose of this severance prograx� a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a sepazation of � employment, and such trausferee sha11 not be eligible for the City severauce program. 17.43 The Employee must have at least ten (10) years of service under the classified or unclassified Civil Service at the time of separatioa. 17.4.4 The Employee must file a waiver of re-employment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the Employee waives all claims to reinstatement or re-employment (of any type), with the City or with Independent School District No. 625. 17.4.5 The Employee must have accumulated a minimum of sixty (60) days of sick leaue credits at the time of hislher separation from service. 17.4.6 If an Employee requests severance pay, and if the Employee meets the eligibility requirements set forth above, he or sfie will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the Employee on the date of separation for each day of accrued sick leave subject to a maximum of $6,500. 17.5 Plan 3. In addition to the eligibitiry requirements set forth in 17.2 above, an Employee must meet the fotlowing requirements to receive a benefit under Plan 3: � ICj OS-�� ARTICLE 17 - SEVERANCE PAY (Continued) `� 17.5.1 The Employee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement. Those Employees who are discharged for cause, misconduct, inefficiency, incompetence, or any other disciplinary reason are not eligible for the City severance pay progratn. 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 or 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 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 progam. 17.5.2 The Employee must file a waiver oPre-emploqment with the Human Resource Director, which will cieazly 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 District No. 625. 17.53 The Employee must have an accumulated balance of at least eighty (80) days of sick leaue credits at the time of his separation from service. . 17.5.3 If an Employee requests severance pay and if the Employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the Employee on the date of sepazation for each day of accrued sick leave subject to a maximum as shown below based on the number of years of service in the City. Years of Service with the City At Least 20 21 22 23 24 25 Maximum Severance Pay 5,000 6,000 7,000 8,000 9,000 10,000 17.6 For any employee who is eligible to receive severance from the City under this Article, the City wiil contribute the full amount of their severance payment to a post-employment health pian. 17.7 Effective 7uly 1, 2005, the following severance plan shall replace all other plans applicable to members of this barging unit. 17.7(a) An employee must meet the following requirements to receive a benefit under this pian. � (1) The employee must be voluntarily sepuated from City employment or haue been subject to separation by layoff or compulsory retirement. Those employees who are dischazged for cause, misconduct, inefficiency, incompetence, or any other disciplinary reason aze not eligibie for the city severance pay program. For the 17 05�- 3�s� ARTICLE 17 - SEVERANCE PAY (Continued) purpose of this severance program, a death of an employee shall be considered as sepazation of employment and if the employee would have met all of the � requirements set forth 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 employment to Independent School District 1Vo. 625 employment is considered a sepazation of employment, and such transferee shall be eligible for tke City severaace program. Por the purpose of this Article, service requirements for severance eligibility wiil not include years of service with School District #625 for employees hired by the City or transferzed to the City after December 31, 1998. (2) The empioyee must file a waiver of re-empIoyment with the Human Resources Director, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or re-employment (of any type), with the City. (3) The employee must have a minimum of 25 yeazs of service and 800 hours of sick leave credits at the time of luslher separation of service from the City. (4) If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be grazrted severance pay as shown below. Minimum 25 yeazs of serviee and Severance accrued sick leave credits of: 800 ................... .................. $10, 000 13 00 . . . . . . . .. . .. .. . .. . . . . ... .. . . . .. ... .. . $12, 500 1800 ................................... .. $15, 000 ARTICLE 18 - WORKING OUT OF CLASSIFICATION 18.1 Any Employee working an out-of-class assignment for a period in excess of fifteen (I S) working days during any fiscal year (of the Employer) sha11 receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth day of such assignment. For purposes of this article, an out-of-class assignment is defined as the full-time performance o£ al1 of the significant duties and responsibilities of a classification by an individual in another classification. For the purpose of this article, the rate of pay for an out-of-class assignmeut shall be the same rate the Employee would receive if he was promoted to the higher classification. ARTICLE 19 - SICK LEAVE AND PARENTAL LEAVE 19.2 Sick leave shall be earned and granted in accordance with the Civi1 Service Rules. Effective 1/1/06, the rate eamed shall be 14 days per year. Effective 1/1/07, the rate earned shall be 13 days per year. � 19.2 In the case of a serious illness or disability of an Employee's cluld, pazent, 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 caze of such sick or disabled persons. Such paid leave shall be drawn from the � Employee's accumulated sick Ieave credits. Use of such sick Ieave shall be limited to 40 fiours per incident. 18 os � ARTICLE 19 - SICK LEAVE AND PARENTAL LEAVE (Continued) 193 Any Employee who l�as 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. 19.4 If an Employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he/she may convert any part of such excess to vacation at the rate of one-half day's vacation for each day of sick leave credit. No Employee may convert more than ten (10) days of sick leave in each calendar year under ttus provision. 19.5 Parental Leave. Pregnant Employees of the City of Saint Paui shall be eligible for the use of paid sick leave and unpaid leave of absence in the same manner as any other disabled or IlI City Employee. Such paid sick leave eligibility shall begin upon certification by the Employee's attending ghysician that the Employee is disabled in terms of her ability to perfonn the duties of her position. A twelve (12) month Parental leave of absence without pay shail be granted to a natural parent or an adoptive parent, who requests such leave in conjunction with the birth or adoption of a child. Such leave may be elctended an additional twelve (12) months by mutual Agreemenf between the Employee and the Employer. Refusal on the part of the Employer to grant an eactension of such leave shall 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 beginning of their leave. �19.6 Leave for School Conferences: An Employee shall be granted up to a total of sixteen (16) hours during a school year to attend conferences or classroom activities related to the Employee's child, provided the conference or classroom activities cattnot 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 undulp disrupt the operations of the Employer. An Employee shall be atlowed to use vacation or compensatory time for this leave; otherwise, this leave shall be without pay. 19.7 Valuntary Unpaid Leave of Absence: Effective upon the date of the signing of this Agreement, a fuIl-time Employee may be granted a voluntary leave of absence without pay for up to 48Q hours per fiscal year. During such leave of absence, the Employee shall continue to earn and to accrue vacation and sick leave, seniority credits, and shall maintain insurance eligibility as though he or she was on the payroll. Any leave of absence granted under tlus provision is subject to the approval of the Department Fiead. 19.8 Jury Duty Any employee who is required during his/her regular working hours to appear in court as a juror or witness, except as a witness in the employee's own behalf against the Employer, shall be paid his/her regular pay while so engaged. Any fees that the employee may receive from the court for such service shall be paid to the City and be deposited with the Employer. Any employee who is scheduled to work a shift, other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as helshe is required to appeaz in court as a juror or witness. � 19 D���x/ ARTICLE 20 - NO STRIKE, NO LOCKOUT 20.1 The Association and the Employer agree that there shall be no strikes, work stoppages, slow downs, sit-down, stay in, or other considered interference with the Employers' business or affairs by the � Association andlor the members thereo� and there shall be no bannering during the existence of tlus Agreement without fust using all possible means of peaceful settlement of any conuoversy tfiat may azise. ARTICLE 21- RIGH'T TO SUBCONTRACT 21.1 The Employer may at anytime during the duration of ttris Agreement coniract out work done by the Employees covered by this Agreement. In the event that such conuacting would result in reduction of the work force covered by this Agreement, the Employer shall give the Association a ninety (90) calendar day notice of the intention to subcontract. ARTICLE 22 - DEFERRED COMPENSATION 22.1 Employees who have completed ten (10) yeazs of service shall have $440.00 for Deferred Compensarion paid by the Employer on a dollaz for dollaz match. Effective 7anuary 1, 2006, tlus amount will be raised to $650 per year. 22.2 Employees who have completed twenty (20) yeazs of service shall have $640.00 for Deferred Compensation paid by the Employer on a dollaz for dollar match. Effective 7anuary 1, 2006, this amount wi11 be raised to $850 per year. 22.3 For each year of the contract the employee will have the fiill amount of the cofftributions made by the paycheck closest to October 1 of the plan yeaz. For each yeaz of the contract the Employer will match contributions by the last payday ofNovember of the plan yeaz. ARTICLE 23 - WAGE SCHEDULE GRAD� 01 U 489 DISPATCHER 1/1/05 (closest pay perio� 1/1/06 (closest pay period) 1/1l07 (closest pay period) A (1) 23.62 24.21 24.82 � U GRADE 02U 1/1lOS (closest pay period) 1/1/06 (Gosest pay period) 9/4l07 (closest pay period) A (1) 23.77 24.36 24.97 � 20 05 -30 `-( ARTICLE 23 - WAGE SCHEDLTLE (Continued) GRADE 04U . 137 CUSTODIAN ENGR (PUB SFTY BLDG) A B ��) �Z) 111/O5 (Gosest pay perioc� 23.81 24.71 1/1lO6 (Gosest pay period) 24.41 25.33 1!1/07 (dosest pay perio� 25.02 25.96 GRADE O6U 1/1/05 (Gosest pay period) 1!1/06 (Gosest pay period) 1/1/07 (Gosest pay period) GRADE 08U 1!1/05 (Gosest pay period) 1/1/06 (closest pay period) 1/1l07 (closest pay period) L� GRADE 030 111/05 (closest pay period) 1/1/06 (closest pay perio� 1/1/07 (Gosest pay period) A (1) 21.94 22.49 23.05 A (1) 18.47 18.93 19.40 A (1) 1,671.29 1,713.07 1,755.90 B �2) 1,716.32 1,759.23 1,80321 Gf2ADE 033 304A MARINA SERVICES SUPERVISOR 1/1/05 (closest pay period) 1/1/06 (Gosest pay period) 1/1/07 (closest pay period) GRADE 034 1/1/OS (Gosest pay period) 1/1/O6 (closest pay period) 1/1/07 (Gosest pay period) . A �'� ) 1,826.31 1,871.97 1,918.77 A (1) 1,868.98 1,915.70 1,963.60 B �2) 1,877.42 1,924.36 1,972.46 B (Z) 1,921.50 1,969.54 2,018.78 21 �5- 30�`I ARTICLE 23 - WAGE SCHEDiTLE (Continued) GR,4DE 035 338A SENIOR ZOO KEEPER A B ��) �Z) 1/1/OS (Gosest pay period) 1,899.42 1,95Q.56 1/7l06 (Gosest pay period) 9,946.91 1,999.32 1/1/07 (closest pay period) 1,995.58 2,�49.31 GR,4DE 036 597,A FORESTRY SUPERVISOR I 2Q8 GOLF COt1RSE SUPERINTERlDENT 591A PARK MAINTENANCE SUPERVISOR I 368 pUBIIC WORKS SUPERVISOR I 416 SEWER SUPERVISOR I 172A TRAFFIC MAIIVTENANCE SUPV i 525A WATER MAINTENANCE SUPERVISOR 528 WATER SERVICE SUPERVfSOR 532 WATERSHED SUPERVISOR I 536 ZOO SUPERVISOR 1/1/05 (closest pay period) 1/1/06 (closest pay period) 1!1/07 (Gosest pay period) A (1) 1,981.58 2,031.12 2,081.90 B (2) 2,035.35 2,086.23 2,138.39 GRADE 037 1/1/05 (closest pay period) 1/1/06 (Gosest pay period) 1/1/D7 (closest pay period) A ��) 9,988.94 2,038.66 2, 089.63 B �2) 2,042.79 2,093.86 2,146.21 GRADE 038 288A BRIDGE MAINT SUPERVISOR 1 230A METER OPERATIONS SUPERVISOR 369 PtJBLIC WORKS SUPERVISOR (1 809 SEWER SUPERVISOR il 964 VEHtCLE MECHANIC SUPERVISOR I 194 WATER UTI�ITY MAINS SUPERVISOR 542 WATEftSHED SUPERViSOR ff 354 ANIMAL CONTROL SUPERVISOR 1(1/O5 (closest pay period) 1/1/06 (closest pay period) 1/1l07 (ciosest pay period) A B ��) � 2,091.61 2,151.65 2,143.90 2,205.44 2,197.50 2,260.58 • � u 22 o�-�� ARTICLE 23 - WAGE SCHEDiJLE (Continued} • GF2.4DE 039 173 EQUIPMENT MAINT SUPERVISOR A B ��) t 1/9/OS (ciosest pay periocn 2,145.16 2,205.19 1!1/06. (ciosest pay perio� 2,198.79 2,266.32 1/1i07 (Gosest pay perio� 2,253.76 2,316.83 GRADE 040 '(�3 FORESTRY SUPERVISOR il 592A PARK MAINTENANCE SUPERVISOR il 620 TRAFFIC MAINTENANCE SUPV tt 394A VEHICLE MECHANIC SUPERVISOR II 557A WA"fER PLANT PRODUCTION SUPV A B (�) ( 1/1/OS (Gosest pay period) 2,214.27 2,281.79 1/1l�6 (closest pay period) 2,269.63 2,338.83 1/7/07 (closest pay period) 2,326.37 2,397.31 GRADE 041, 269A BRIDGE MAINT SUPERVISOR II • 233A BUILD MAl1VT SUPV-�IBRARIES 622 PUBLIC WORKS SUPERVISOR 111 623 SEWER SUPERVISOR III A B ( ( 1/1/O5 (closest pay period) 2,281.79 2,346.86 1i1f06 (dosest pay period} 2,338.83 2,405.53 1/1/07 (closest pay period) 2,397.31 2,465.67 GRADE 043 079 BUILD MAINT SUPV--FIRE DEPT A B (1) (2} 1/1/05 (closest pay perio� 2,410.64 2,480.65 iI1f06 (ciosest pay period) 2,470.91 2,542.67 1/1l07 (Gosest pay period) 2,532.68 2,606.23 GRADE 044 624 PUBLIC WORKS FIELD SUPERVlSOR � 'l11/05 (ctosest pay period) 1/1/06 (closest pay period) 1/1/07 (closest pay period) A B ��) � 2,484.46 2,558.25 2,546.57 2,622.21 2,610.24 2,687.76 23 05-30� ARTICLE 23 - WAGE SCHEDULE (Continued) GRADE 045 680 BUILD MAINT SUPV--PARKS & REC 1/1/O5 (closest pay period) 1/1/06 (closest pay perio� 1/1/07 (cfosest pay period) A B ��) � 2,559.49 2,635.82 2,623.48 2,701.72 2,689.06 2,769.26 ARTICLE 24 - TERMS OF AGREEMENT 24.1 This Agreement shall be effective as of 7anuary 1, 2005, and sha11 continue in effect through December 31, 2007. This Agreement shall remain in effect and full force until modified or amended by mutual agreement of the parties. 242 It is understood that this settlement shall be recommended by the Manager of Labor Relations, but is subject to approval by the City Council. 243 The Employer and the Association acknowledged that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The Agreements and understandings reached by the parties after the exercise of this right aze fu11y and completely set forth in this Agreement. Any and all prior Agreements, resolurions, practices, policy or rules or regulations regarding the terms and conditions of employment to the ea�tent they aze inconsistent with this Agreement are hereby superseded. ��O�S Date � � TI� SAINT PAUL MANUAL AND MAINTENANCE SUPERVISORS ASSOCIATION �'L G�i°�� t���'G Glen Kadrlik President 3- 3 v-as Date � � . 24 os-�o� � MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAINT PAUL & THE SAINT PAUL MANUAL & MAINTENANCE SUPERVISORS ASSOCIATION The-City of Saint Paui and the Saint Paul Manual � Maintenance Supervisors Association agree to the following: ARTICLE 19.1 WorlQng out of Classification, states; Any Employee working an out-of-ciass assignment for a period in excess of fifteen (15) working days during any fiscal yea� (of the Employer) shall receive the rate of pay for the out-of-class assignment in a higfrer class�cation not later than the sixteenth day of such assignment. u • The language states that an employee holding an out-of-cIassification position in excess of fifteen (15) working days will receive the rate of pay for the out-of-class�cation position. It is understood, that individual Departments have established different practices regarding where in the fifteen days the out-of-classification pay begins. The I?epartments will continue to exercise their individual discretion regazding the day to initiate the out-of-classification rate of pay, as long as it begins on, or before, the sixteenth (16) day. . WITNESSES: FOR THE CITY ir- � "� 1oe Reid Budget Director DATE: �^ Z � I SAINT PAUL MANUAL 8c MAINTENANCE SUPERVISORS ASSOCIATIO � Mike Miller President DATE: � � / / 25 05- 3oy OFFICE OF LASOR REI.AITONS K¢lherine L. Megarry, Director i. CITY OF SAINT PAUL Norm Colem¢x, Mayor �� Mr. Dan Palumbo . usox nEUTTaNs 400 Ciry Hal1 Annez 15 West Fourth Sbee1 SaintPaul,Minnesota SSIO2-1631 June I5, 2001 Telephone: 651- 266-6496 Facsimile: 651- 266-6495 President, SPMIvISA PO Box 17275 St. Paul, MN 55117 Mr. Ron Rollins Legal Counsel, SPMMSA 310 Groveland Ave. So. Mpls., MN 55410 Deaz Dan and Ron: This letter confirms our understanding made at the 2001-2002 round of bargaining regarding On Call Pay. �Article ] 1.7 of the coliective bazgaining agreement between the City and the SPMMSA makes it clear that employees may decline to carry city cei] phones, pagers or beepers during non-working hours. The contract also indicates that, should the City begin ditecting employees to carry cell phones, pagers or beepers during non-working hours, the City and the SPMMSA must establish a premium for such duty. It is the CiTy's understanding that, currently, there are no SPMMSA employees being required to cazry phones(pagers/beepers during non-working hours. As such, no premiums have been negotiated. There are a number of employees who voluntarily cazry phones/pagers/beepers during non-working hours, and/or answer their own home telephone as they are able. When such employees aze actualiy called back to work, they aze compensated according to the Call Back provisions of the contract. While management retains the right to discuss issues of availa6ility with an individual employee, it is understood that non-exempt stafFwho do not voluntarily answer the phone should not be disciplined in any way for that decision. Sincerely, ��1��- ' ` � Katherme L. Megany � Labor Reiations Director �C: Negotiations file 26