05-377Council File # �S' �7
rre�nt�a by
Refened To
Green Sheet # 3026271
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA (
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Committee Date
RESOLVED, that the Council ofthe City of Saint Paul hereby approves and ratifies the attached
2 January 1, 2005 ttirough December 31, 2007 Collective Bargaining Agreement the City of Saint Paul and
the Tri-Council Loca1 120, Local 49 and Loca1132.
Date ,�
Council Secretazy
Requested by Depar[ment of:
uman Re sources
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BY
Fornt Approved by City Attorney
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� Green Sheet Gseen Sheet Grean Sheet Green Sheet Green Sheet Green Sh �
�`�"����"���",� ����`�� Green Sheet NO: 3026271
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CoMad Perwn 8 Phone: �a�^t Seirt To Person InitiaVDate
Jason Schmidt � � -
�� Assign 1 7 �
Mast Be on Counal Agenda by (Date): Number 2 p�
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Rouhing 3 rlAsvst�t
Ordet 4 d
5 Clerk C1erk
Total # of SignaWre Pages _(Clip NI Locations for Signature)
Action Requested:
Approval of the attached January 1, 2005 thronghDecember 31, 2007 Collective Bargaining Agxeementbetweenthe City of SaintPaul
and the Tri-Council Loca1120, Loca149 and Loca1132.
Recommendations: Approve (A} or Reject (R): Personal Service Comrecis Must Mswer the Following Questions:
Planning Commission 1. Has this pewon/firtn ever worked under a cont2ct for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this persoNfirm ever been a cify employeel
Yes No
3. Dces this person/ficm possess a skill not nortnally possessed by any .
currert city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initia8ng Problem, Issues, Opportunity (Who, What, When, Where, Why):
The Collective Bazga Agreement with the Tri-Council has expired. The City of Saint Paul is required to negotiate with the
bazgaining uniu.
AdvarMages If Approved:
An agreement reached thmugh good faith bargaining will be in place through December 31, 2007.
DisadvaMages lf Approved:
None.
Disadva�ages If Not Approved:
The City would be required to re-open negotiations with the bazo ining unit. This would strain relations cvith the unit and possibly
lead to a strike.
ToWI Amount of Cost/Revenue Budgeted:
Trasssaction:
Funding Source: Activity Num6er:
Financial infortnation: �
(Explain)
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ATTAC�NT TO T`HE GREEN SHEET
TRI-COUNCIL (LOCAL5 49, 120 & 132)
Below is a summary of the changes in the collective bargaining agreement between the City of
Saint Paul and the Tri-Council (Loca149, Local 120 & Local 132).
Duration: January 1, 2005 - December 31, 2007
Wa�es:
January 1, 2005 0.0%
January 1, 2006 (closest pay period) 2.5%, WSWII rate increased by $0.25lhr
7anuary 1, 2007 (closest pay period) 2.5%
Health Insurance:
The insurance contribution increases foliow the same pattern as previously negotiated agreements
with other bargaining units for 2005 and continues the same contribution format for 2006 and
2007.
2005
Single:
Family:
2006
Single
Family:
2007
Single
The 2004 single contribution per month plus 70% of the auerage increase in the
single premium of all plans for 2005 ($44.23.) Far 2005 only, employees
participating in either of the two low-cost plans shall receive an additional $1522
per month toward the cost of the two low-cost plans, or the fizll cost of the two
plans, whichever is less.
70% of the average premium of all plans, plus for 2005 only an additional $10.00
per month (total is $772.58)
The 2005 single contribution per month pius 70% of the average increase in the
single premium of all plans for 2006. For 2006 oniy, 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 plans, whichever is
less.
70% of the average premium of all plans.
The 20Q6 single contribution per month plus 70% o£the auerage increase in the
single premium of all plans for 2006, For 2007 only, employees participating in
zither of the two low-cost plans sha11 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.
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Green Sheet Attachment
Tri-Council
Pg 2
Sick Leave:
Effective January l, 2007, the sick leave accrual rate will be reduced from 15 days per year to 14
days per year.
Deferred Comuensation:
Effective 7anuary 1, 2007, the City will provide a$200 matching deferred compensation
contribution for employees with five years of service. The City will increase the current defezred
compensation level for employees with 10 years of service to $800 and increase the current
deferred compensation level for employees with 20 years of service to $1000.
Vacation & Holidavs:
Vacation accrual rates will be based on years of service, not hours on the payroll. Eligibility for
holidays will be based on the Salary Plan & Rates of Compensation chart.
Safetv/Uniforms:
Safety shoe reimbursement and carryover was eliminated and replaced by an annual contribution
for employees who are required to weaz safety shoes. Water Utility uniform allowance was
increased to $225/year.
Severance•
Employees who receive severance will have 105% of the payment placed into a PEHP.
Premiums:
Appendix A, Section B rate changed from $0.50/hr to 2.5%. Eliminated 50 foot height
requirement and added employees assigned to Reachall. Appendix A, Section D added Load &
Pack. Appendix A, Section F added Parks Worker or Bridge Worker. Appendix A, Section G
rate changed from $0.45/hr to 2.5°/a. Appendix A, Section I added Wing Plow.
Temuorarv Emnlovees:
Effective 1/1/06, increased temporary employee rate to 95% of the outside Highway Heauy rate.
Effective 1/1/07, increased temporary employee rate to 100% of the outside Highway Heavy rate.
Overtime:
Appendis E, moved Water Day Crew response time to 1:00 pm. Changed #5 to reflect practice
of HEO's not on the standard overtime list.
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Green Sheet Attachment
Tri-Council
pg 3
Pavroll Deduction:
Effective 1f 1/06, $0.10/fir will be deducted from the wage rates of each classification and applied
to the Industrial Pension Fund. Effective 1/1/07, an additional $0.10/hr will be deducted from the
wage rates of each classification and applied to the Industrial Pension Fund.
Other Language Changes:
Other language changes (Recognition, Terms of Agreement) were of a housekeeping nature for
clarification and cleanup.
G:VShazedU.,RCOMMOI�CONTRAC'IITRICNCU05-OTgmattch05-07.doc
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� � �. � _� � � JANIIARY 1, 2005 - DECEMBER� 31, 2007� _ � ' , �
- � � � � � COLItEG'FIVE-BARGAINING AGRE�MENT _ �
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THE GI`FY OF�SA�NT PAUL
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. INDEX
ARTICLE
1 Recognition .................................................................................................................................................2
2 Maintenance Of Standards .......................................................................................................................... 2
3 Union Rights ............................................................................................................................................... 3
4 Payroll Deduction ....................................................................................................................................... 3
5 Management Rights .................................................................................................................................... 4
6 Safety ..........................................................................................................................................................4
7 I7iscipline Procedures ................................................................................................................................. 5
8 Hours, Overtime, Snowplowing ................................................................................................................. 5
9 Insurance ..................................................................................................................................................... 7
10 Employee Rights - Grievance Procedure .................................................................................................. 11
11 Seniority ......................................
12 Vacation ......................................
13 Holidays ......................................
14 Jury Duty .....................................
15 SeverancePay .............................
..................................................................... 13
..................................................................... 15
.....................................................................16
..................................................................... 17
..................................................................... 17
16 Wages ........................................................................................................................................................ i9
• 17 Savings Clause .......................................................................................................................................... 19
18 7urisdiction ................................................................................................................................................19
19 Sick Leave ................................................................................................................................................. 20
20 Pazental Leave ........................................................................................................................................... 21
21 L,egal Services .......................................................................................................
22 Strikes, Lockouts, Work Interference ..................................................................
23 DeferredCompensation ........................................................................................
24 Terms Of Agreement ............................................................................................
..................... 21
..................... 21
..................... 21
..................... 22
Appendix A Wage Schedules, Premiums ............................................................................................................. 24
Appendix B Temporary Employee Wage Schedules ............................................................................................ 29
Appendix C Driver Operator Seniority ................................................................................................................. 31
Appendix D General Policies Regarding Seniority .............................................................................................. 32
Appendix E Generai Policies Regarding Overtime .............................................................................................. 35
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PRIN�IPLES
This Agreement is entered into to facilitate the adjusiment of grievances and disputes between the
Employer and Employees to provide, insofaz as possible, for the continuous employment of labor and to
establish necessary procedures for the amicable adjustment of all disputes which may arise between the
Empioyer and the Union.
The Employer and the Union encourage the highest possible degree of practical, friendly, cooperative
relationships between their respective representatives at all levels. The officials of the Employer and the Union
realize that this goal depends primarily on cooperative attitudes between people in their respective organizations
and at all levels of responsibility, and that proper attitudes must be based on full understanding of and regard for
the respecrive rights and responsibilities of both the Employer and the Employees.
There shall be no discrimination against any employee by reason of creed, sex, disability, or Union
membership.
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The Employer and the Union affirm their joint opposition to any discriminatory pxactices in connection
with employment, promotion, or training, remembering that the public interest remains in full utilization of
employees skill and ability without regard to consideration of national origin, age, sex or disability.
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ARTICLE 1- RECOGPTITION
• 1.1 The Employer recognizes the Union as the sole and exclusive collective bargaining agency for all
employees that have been certified by the State of Minnesota, Case No. 73-PR-427-A, as follows:
All empioyees of the City of Saint Paul in the classifications of Asphait Plant Operator,
Assistant Gazdener, Assistant Golf Course Superintendent, Bridge Crew Leader, Bridge
Maintenance Worker, *Drivex-Operator, Driver-Operator--Water Utility, Forestry Crew Leader,
Gardener, Golf Ranger, Golf Worker III, Grounds Crew Leader, *Groundsworker,
*Groundsworker--Water Utility, Heavy Equipment Operator, Heavy Equipment Operator--
Sewer Utility, Heavy Equipment Operator--Water Utility, 7et Sewer Cleaner Operator, Labor
Crew Leader, Landscape Worker, L,ead Gazdener, Lead Landscaper, Modified Duty Worker—
Stores Laborer, Modified Duty Worker - Water Utility Worker JI, Modified Duty Worker -
Grounds Crew Leader, Pazks Worker I, Parks Worker I- Operation/Como Campus, Parks
Worker II, Pazks Worker III, Revoiving Power Equipment Operator, Sewer Crew Leader, Sewer
Services Worker, Stores Laborer, Street Services Worker, *Tractor Operator I, Tree Worker,
*Unskilled Laborer, Utility Aide, Water Service Worker--Control Desk, Water System Worker
I, Water System Worker II, Water Utility Worker I, and Water TJtility Worker II who work
more than 14 hours per week and more than 100 work days per year, excluding Supervisory,
Confidential, emergency, and employees exclusively represented by other labor or employee
arganizations.
The parties agree that any new classifications which are an expausion of the above bargaining unit or
• which derive from the classifications set forth in this Agreement shall be recognized as a part of this
bazgaining unit, and the parties shall take all steps required undez the Public Employment Relations Act
to accomplish said objective.
1.2 The Employer agrees not to enter into any contractually binding agreements with any employee or
representative not authorized to act on behaif of the Union. There shall be no individual agreements
with any employees that conflict with the terms of this Agreement, and any such agreement or contract
shall be null and void.
1.3 The Employer agrees to give the Union the right to supply fifly percent (50%) of all new qualified
referrals for work as temporary employees.
1.4 It is recognized that temporary employees are within the unit covered by this agreement. However,
except as specifically provided by this agreement, temporary employees shall not have nor acquire any
rights or benefits other than specifically provided by the provisions of the Civii Service Rules.
ARTICLE 2- MAINTENANCE OF STANDARDS
2.1 The parties agree that all conditions of employment relating to wages, hours of work, overtime
differentials, vacations and all other general working conditions shall be maintained at not less than the
highest ininimum standazd as set forth in the Civil Service Rules of the City of Saint Paul and the Saint
• Pau1 Salary Plan and Rates of Compensation at the tisne of the si�ing of this Agreement, and the
conditions of employment shall be unproved wherever specific provisions for ixnprovement are made
elsewhere in this Agreement.
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ARTICLE 3 - UNION RIGHTS
31 The Union may designate employees from within the bazgaining unit to act as Stewatds and shall inform.
the Employer in writing of such designations. Such employees sha11 have the rights and responsibilities
as designated in Article 10 (GRIEVANCE PROCEDURE). There shall be no more than one Steward
from each locai involved in any one specific grievance.
3.2 There shall be no deduction of pay from Stewazds when directly involved in meetings with management
during worldng hours for grievance procedures.
33 Designated Union Representatives shall be permitted to visit employees on job sites and at depariment
buildings during working time.
ARTICLE 4 - PAYROLL DEDUCTION
4.1 The Employer shall, upon request of any employee in the unit, deduct such sum as the Union may
specify for the purpose of initiation fees and dues to the Union, providing the Union uses its best efforts
to assess such deductions in as neazly uniform and standard amounts as is possible. The Employer shall
remit monthly such deduction to the appropriate designated Union.
4.2 In accordance with M.S.A. 179.65, Subd. Z, the Employer agrees that upon notification by the Union,
the Employer shall deduct a fair shaze fee from all certified employees who are not members of the
exclusive representative. In no instance shall the required conhibution exceed a pro rata share of the
speci&c expenses incurred for services rendered by the represeatative in relationslup to negotiations and�
administration of grievance procedures,
4.3 The Union authorizes deduction of forty dollars ($40.00) bi-weekly, from employees who are members
of Laborer's Local #132 who already haue pension credits in the Union's Pension Fund and choose to
patticipate in the Union's Pension Fund. The Employer will forward this to the Union's Pension Fund.
The Union is to provide the Employer a list of eligible members.
4.4 The Employer will contribute $.15/hour for each employee covered by this agreement to the Laborers'
Intemational Union of North America, National (Industrial) Pension Fund. Effective January 1, 2006,
this amount will be increased to $0.25 / hour. Effective 7anuary 1, 2007, this amount will be increased
to $035 / hour.
4.5 The Union will indemnify, defend and hold the Employer hannless against any claims made and against
any suits instituted against the Employer, its officers or employees, by reason of negligence of the Union
in requesting or receiving deductions under this Article. The Employer will indemnify, defend and hold
the Union harmless against any claims made and against any suits instituted against the Union, its
officers or employees by reason of negligence on the part of the Employer in malang or forwazding
deductions under this Article.
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ARTICLE 5 - MANAGEMENT RIGHTS
•5.1 The Union recognizes the right of the Employer to operate and manage its affairs in all respects in
accordance with applicable laws and zegulations of appropriate authorities. The rights and authority
which the Employer has not officially abridged, delegated, or modified by this Agreement are retained
by the Employer.
5.2 A public Employer is not required to meet and negotiate on matters of inherent managerial policy, which
include but are not limited to, such areas of discretion of policy as the functions and prograsns of the
Empioyer, its overall budget, urilization of technology, and ora ni�ational structure and selection and
direction and number of personnel.
ARTICLE 6 - SAFETY
6.1 Accident and injury free operations shall be the goai of all Employers and employees. To this end the
Bmployer and employee wili, to the best of their ability, abide by and live up to the requirements of the
several State and Federal Construction Safety Codes and Regulations.
6.2 To this end the Employer shail from time to time issue rules or notices to his employees regarding on the
job safety requirements. Any employee violating such rules or notices shail be subject to disciplinary
action. No employee may be dischazged for refusing to work under unsafe conditions.
63 Such safety equipment as required by governmental regulation, sha11 be provided without cost to the
• employee. At the Employer's option, the employees may be required to sign for safety equipment and
shall be obligated to return same upon discharge, layoff, quit or other t��nafion in compazable
condition as when issued, providing reasonable wear and teaz. The Employer shall have the right to
witl�hold the cost of such safety equipment if not returned.
6.4 The Employer agrees to pay $75.00 per calendar yeaz toward the purchase of one pair of safety shoes by
an employee who is a member of tkus unit. The Employer shall contribute toward the purchase of one
pair of shoes per calendar year and shall not be responsible for any additional cost for that year.
Employees may carry over, up to a total of $150.00 for the purchase of shoes. Reimbursement shall be
made only after investigation and approval by the unmediate supervisor of the employee. This
contribution shall apply only to employees who are required by the Employer to wear protective shoes
or boots.
In addirion to the regular safety shoe reimbursement, employees who weaz Kevlaz boots as part of their
regulaz job duties will receive an additional $25.00 per calendar yeaz for the purchase ofKevlar
safetyboots. Such employees will be allowed to carry over, up to a total of $204.00 for the purchase of
Kevlaz safety boots. The Employer will deteimine who is eligible for this additional reunbursement.
Effective 7anuary 1, 2006, the Employer 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 payroll as of January 1 Employees hired after January
l will receive one-half the normal aliowance for that payroll year. Retumnig employees from layoff
� will receive the full allowance for the payroll year.
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In addifion to the regular safety shoe reimbursement, employees who weaz Kevlar boots as part of their
regular job duties will receive an additional $25,00 per payroll yeaz for the purchase of Kevlaz safety .
boots. The Employer will detenuine who is eligible for this additional reimbursement.
Employees with carryover balances wili be allowed to continue to cazryover and use such balances untai
the end of the contract term, December 31, 2007.
6.5 The City shall furnish uniforms at no cost to the employees who work in the Sewer Division of the
Public Works Department.
6.6 The Water Utility witl provide at iYs expense an initial uniform to employees required to wear a
nni form. The Watez Utility will reimburse these employees up to $225.00_annually per calendar year
beginning the yeaz after the employee's inirial issue. Employees must present receipts to be reimbursed.
ARTICLE 7 - DISCIPLINE PROCEDURES
7.1 The Employer will discipline employees for just cause only. Discipline will be in the form of:
A. Oral reprimand;
B. Written reprimand;
C. Suspension;
D. Reduction;
E. Dischazge.
7.2 Suspensions, reductions and discharges will be in written form.
7.3 A notice in writing of suspensions, reductions and discharges shall be seat to the employee and the
Union within seventy-two (72) hours after such action is taken.
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7.4 Discharges will be preceded by a five (5) working day preliminaty suspension without pay. During said
period, the employee and/or Union may request, and shall be entitled to a meeting with the Employer
representative who initiafed the suspension with intenf to discharge. During said five (5) worldng day
period, the Employer may affum the suspension and discharge in accordance with Civil Service Rules or
may modify, or withdraw same.
7.5 Grievance relating to this Article shall be processed in accordance with the grievance procedure under
Article 10.
ARTICLE 8- HOURS, OVERTIlVIE, SNOWPLOWING
8.1 The ttormal work day shall be eight (S) consecutive hours per day, exclucling a thirty (30) minute lunch
period, except for employees assigned to the 4/4Q shift where the normal work day shall be ten (10)
consecutive hours per day, excluding a thirty (30) minute lunch period.
The normal work week shall be five (5) consecutive normal work days in any seven (7) day period
except for employees assigned to the 4/40 shiR where the normat work week shall be four consecutive i
ten (10) hour work days in any seven (7) day period. (For employees on a shift basis this shall be �
construed to mean an average of forty hours a week.)
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• 8.2 Except in cases of emergencies, the Employer shall notify the affected employees of an intention to
change a shift at least 24 hours prior to the beginning of the new shift.
83 Employees shall report to work location as assigned by a designated Employer supervisor. During the
normal work day employees may be assigned to other work locations at the discretion of the Employer.
Management shall provide transportation or allow travel time within normal worldng hours to the new
work location.
8.4 Call-in-Pay. When an employee is called to work he/she shall receive two hours pay if not put to work.
If he/she is called to work and commences work, he/she shall be guaranteed four straight time hours pay.
A person scheduled to work on a weekend solely to operate the showmobile shall be eligible for tYris
call-in pay.
8.5 Overtime. Time on the payroll in excess of the normal hours set forth above shali be "overtime work"
and shall be done only by order of the head of the department. An employee shall be recompensed for
work done in excess of the normai hours by being granted compensatory time on a time and one-half
basis or by being paid on a time and one-half basis for such overtime work. Employee may eacpress a
written preference for the method of overtime payment, however, the basis on which such overtime shall
be paid shall be determined solely by the Employer. The time and one-half overtime rate sha11 be based
on the total rate, including any premium pay, being eamed during the overtime hours worked.
8.6 The two (2) work breaks shali not exceed fifteen (15) minutes from the time the employee stops working
• until he(she resumes work, and shall be taken in close proicimity of the employee's work station.
&.7 Employees who are unable to report for their normal work day have the responsibility to notify their
supervisor of such absence as soon as possible, but in no event later than one-half hour before the
beginniug of such work day. Failure to make such norificarion may be grounds for discipline.
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The following will be the procedure for filling snowplowing or sanding needs.
A. Ali listed categories of City employees wili be offered one shift before any receive a second
s1u8.
B. For purposes of a declared snow emergency, both the night and day phases shail be considered
shifts falling on the date of the day phase. Personnel shall be assigned to one of the rivo phases
itt the priority order shown below provided that no overtime shift results.
C. In the event that overtime shifts are needed to fill any assignment, overtime shifts shall be
offered in the same priority order.
D. Order to be called.
1.
2.
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4.
5.
6
8.
Regular full-time Driver Operators, Heavy Equipment Operators, "Bid Driver" assignees
and Street Service Workers on normally scheduled slufts.
Driver Operators, Heauy Equipment Operators and `Bid Driver" assignees on layoff.
Street Services Workers on layoff.
Sewer Services Workers.
Jet Sewer Cleaner Operators and Heavy Equipment Operators — Sewer Utility.
Bridge Maintenance Workers.
Crew Leaders.
Other permanent Tri-Council members.
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9. All other qualified Public Works volunteers on normally scheduled shifts.
10. Qualified temporary Tri-Council members. •
8.9 Employer shall avoid, whenever possible, worlflng an employee on an out-of-class assignment for a
prolongad period of time. Any employee working an out-of-class assignment for a period in excess of
fifteen (15) consecutive working days during a yeaz shall receive the rate of pay for the out-of-class
assignment in a fiigher classification not later than the sizteenth (16} day of such assignment. For
purposes of this Article, an out-of-class assignment is defined as an assignment of an employee to
perform, on a full-time basis, all of the significant duties and responsibilities of a position different from
the employee's regulaz position, and which is in a classification higher than the classification held by
such employee. The rate of pay for an approved out-of-class assignment shall be the same rate the
empioyee would receive if such employee received a regular appouttment to the higker classi&cation.
ARTICLE 9 - INSURANCE
Active Employee Insurance
9.1 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 pians agree to accept any changes in benefits
which a speci&c provider implements. Il2S rtxles and regalations shall govern the Employer provided
heaith and wel£aze benefit program.
9.2 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 inc,�ra„ce coverage
provided by the Employer, the Employer agrees to contribute $364.03 [amount o£2004 single
contribution] per month plus 70% of the average increase to the single premium of all plans for 2005
[$4423]. For 2005 only, employees participating in either of the two low-cost plans shall receive an
additionat $15.22 per month towazd tfie cost of the two (2} lowest cost plans, or the fu11 cost of the two
(2) lowest cost plans, whichever is less.
For each eligible full-time employee who selects faznily health insurance coverage, the Employer will
contabute 70% of the average premium of all plans per month, plus for 2005 only an addirional $10.00
per month [Total is $772.58].
93 Effective for the 7anuary 2006 insurance premiums, for each eligible employee covered by this
agreement who is employed full-time and who selects single employee health insurance coverage
provided by the Employer, the Employer agrees to conhibute the amount of the 2005 single contribution
per month plus 70% of the average increase to the single premium of all plans for 2006. For 2006 only,
the Employer agrees to provide an additional $7.26 per month for employees who select either of the
two (2) lowest cost plans, or the cost of the two (2) lowest cost 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 ail plans per month.
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9.4 Effective for the 7anuary 2007 insurance premiums, for each eligible employee covered by this
� agreement who is emgloyed full-time and who selects single employee health insurance coverage
provided by the Employer, the Employer agrees to conhibute the amount of the 2006 single contribution
per month plus 70% of the average inerease to the single premium of ail pians for 2007. For 2007 only,
the Employer agrees to provide an additional $833 per month for employees who select either of the
two (2) lowest cost plans, or the cost of the two (2) lowest cost plans, whichever is less.
For each eligibie full-time employee who selects family health insurance wvexage, the Employer will
conhibute 70% of the auerage premium of all plans per month.
9.5 For the purpose of this Article, full-time employment is defined as appearing on the payroll at least 32
hours per week or at least 64 hours per pay period excluding overtime hours.
9.6 For each eligible employee covered by this Agreement who is employed half-time who selects employee
insurance coverage, the Empioyer agrees to contribute fifty percent (50%) of the amount contributed for
full-time employees selecting employee coverage in the same insurance plan. For each haif-tixue
employee who selects family insurance coverage, the Employer will contribute fifly percent (50%) of
the amount contributed for full-time employees selecting family coverage in the same insurance plan.
For the purpose of this Article, half-time employxnent is defined as appearing on the payroll at least 20
hours but less than 32 hours per week or at least 40 hours but less than 64 hours per pay period
excluding overtime hours. An employee will be considered half-tnne only if such employee is assigned
to a position which is regulazly assigned half-time hours.
� 7 For each eligible employee the Empioyer agrees to contribute the cost of $15,000 of life insurance
coverage.
Retiree Insurance
9.8 Employees who retire must meet the following condifions at the time of retirement in arder to be eligible
for the Employer contributions, listed in Sections 9.9 and 9.10 below, toward a health insurance pian
offered by the Employer:
A. Be receiving benefits from a public employee retirement act at the time of retirement, and
B. Haue severed his/her relationship with the City of Saint Paui for reasons other than misconduct,
and
C. Haue completed at least 20 yeazs with the City of Saint Paul, and
(1) If an employee takes a leave of absence.to serve as a full-rime union official, tixne served
in such capacity, up to six years will be applied toward meeting this 20 year requirement.
(2) If an employee serves in that capacity for more than six years, the additional time may be
purchased upon return to City service for $300.00 per month and applied to this 20 year
requirement.
D. Were hired prior to 7anuary 1, 1996.
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Early Retirees
9.9 This Seclion shall apply to full time employees who: e
A. Retire on or after January 1, 1996, and
B. Were appointed on or before December 31, 1995, and
C. Have not attained age 65 at retirement, and
D. Meet the terms set forth in Section 9.9 above, and
E. Select a heaith insurance plan offered by the Employer
LJntil such employees reach sizty-five (65) years of age, the Employer agrees that for retirees selecting
single coverage, the Employer will provide the same conhibution as is provided for active employees
selecting single coverage under this agreement. This amount, however, shall not exceed $350 per
month.
For employees selecting family health insurance coverage, the Employer will conhibute $350 per month
towazd the premium for family health insurance coverage. Any unused portion of the Employer's
contribution shall not be paid to the retiree.
When such eazly retiree attains age 65, the provisions of Section 9.10 will apply.
ReguIar Retirees (Age 65 and over)
9.10 This Section shall apply to full time employees who:
A. Retire on or after January 1, 1996, and
B. Were appointed on or before December 31, 1995, and
C. Have attained age 65 at retirement, and
D. Meet the tenus set forth in Section 9.9 above, and
E. Select a health insurance plan offered by the Employer
�
The Employer agrees to contribute a maximum of $550.00 per month toward the premium for single or
family health insurance coverage offered by the Employez to regular retirees and their dependents. Any
unused portion of the Employer's conhibution shall not be paid to the retiree.
This Section shall also apply to early retirees who retired under the pmvisions of Section 9.�8 9 when
such retirees attain age 65.
9.11 A retiree's participarion in the City's health insurance plan must be continuous. If a retiree chooses not
to participate at the time of his/her retirement or if a retiree discontinues lus/her participation, such
retiree will not be eligible for any future parkicipation or for any Employer contribution.
9.12 In the event of the death of a retiree who was hired on or after May 1, 1992 and who is pariicipating in
the City's health insurance program, the surviving spouse or dependent of the deceased may continue to
participate in the City's health insurance plan at their/her own cost. Eligibility to continue to participate
shall terminate when such spouse or dependent remarries or becomes eligible for group health insurance�
through any employer.
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SurvivorInsurance
�9.13 The surviving spouse of an employee carrying family coverage at the time of his/her death due to a job
connected injury or illness which was determined to have arisen out of and in the course of his/her
employment under worker's compensation law shall continue to be eligible for city conhibution in the
same proportions as is provided for retired employees.
In the event of the death of an early 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 wluch
said dependenYs 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:
A. Subsequent remasriage of the surviving spouse of the deceased employee or retiree.
B. The employment of the surviving spouse or dependent where heaith 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.
9.14 A retiree may not carry 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 health insurance program.
�Seasonal Layoff
9.15 For each eligible employee covered by this Agreement who is employed full-time and who selects
health insurance coverage provided by the Employer, and who is placed on seasonal layoff, the
Employer shall, for up to five months of layoff, continue its contribufion towazds the cost of single or
family health insurance premium, regardless of whether or not such employee has worked the
appropriate hours within the qualifying pay period.
Articie 9.15 shall not appiy to employees in the title of Pazks Worker II or Water Urility Aide.
Miscellaneous
9.16 Pagers may be issued to Street Services Workers who aze placed on seasonal layoff and are receiving the
seasonal health insurance benefit as provided in Article 9.15. Laid off employees who are issued pagers
will be expected to respond to pages from the employer.
9.17 The contributions indicated in this Article 9 shail be paid to the Employer's Group Health and Welfare
Plan.
9.18 Any cost of any premium for any City-offered Employee or fanuly insurance coverage in excess of the
dollaz amounts stated in this Article 9 shall be paid by the Empioyee.
• 9.19 Any Employee having ten or more years of service with the Employer who becomes ill or injured so as
to be unable to continue working and has e�austed all his/her sick leave and vacation shall be eligible
for City paid health and weifare benefits for a maximum of three years.
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9.20 The Employer will provide a system whereby the employee's contribution towazd the premiums for the
employee selected health insurance coverages will be paid on a pre-tax basis.
Employees covered by this Agreement will be eligible to participate in the Fle�ble Spending Account �
and the Dependent Caze Reimbursement Account as offered by the Employez. The service fee charged
to participating employees in either of these Accounts shall be paid by the Employer.
9.21 Any employee who is receiving benefits under the terms of this contract and instead of layoff takes a
voluntary reduction to Park Aide, to continue worlflng during the winter, sha11 continue to receive the
benefits available to his/her permanent title.
9.22 All Season Full Time Pazk Aide:
A. The Pazks Department will identify the number of Alt Season Full Time Pazk Aide positions
needed for full time employment by September of each yeaz. The Department will choose fust:
(1) Laid off Pazks Workers who take a reduction to Pazk Aide; then if necessary
(2) Laid offPazks Worker IIs who take a reduction to Pazk Aide; then if necessary
(3) Park Aides desi�ated All Season FutI Time Pazk Aide; then if necessary
(4) Qualified Pazk Aides by Seniozity.
�
Any Park Aide who accepts full time winter etnployment (All Season Full Time Pazk Aide) by
the Parks Depaztrnent, will be eligible for single health in�»,�ance coverage as pmvided in
Articles 9.1 througk 9.5 of this contract beginning in January following the offer of winter
employment and continuing for all consecutive months worked as an All Season Full Time Park
Aide. �
9.23 The provisions of this Article 9 shall not apply to employees in the tifles of Golf Ranger, Park Aide, and
Pazk Worker I.
ARTICLE 10 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
10.1 The Employer shall recognize stewards selected in accordance with Union rules and regulations as the
grievance representative of the bazgaining unit. The Union shall notify the Employer in writing of the
names of the stewazds and of their successors when so named.
10.2 Tt is recognized and accepted by the Employer and the Union 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 worldng hours only when consistent with such employee duties and
responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a
grievance is processed during working hours, provided the stewazd and the employee have notified and
received the approval of their supervisor Yo be absent to process a grievance and that such absence
would not be detrimental to the work programs of the Empioyer.
103 The procedure established by this Arcicle shall be the sole and exclusive procedure for the processing of
grievances, which aze defined as an alleged violation of the terms and conditions of this Agreement.
10.4 Grievances shall be resolved in conformance with the following procedure: +
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Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved
shall attempt to resolve the matter on an informal basis with the employee's supervisor.
� If the matter is not resolved to the employee's satisfaction by the informal discussion it
may be reduced to writing and referred to Step 2 by the Union. The written grievance
shail set forth the nature of the grievance, the facts on which it is based, the atleged
section(s) of the Agreement violated, and the relief requested. Any alleged violation of
the Agreement not reduced to writing by the Union wit�in seven ('� calendaz days of the
first occurrence of the event giving rise to the grievance or with the use of reasonable
diligence shouid have had knowledge of the fust occurrence of the event giving rise to
the grievance, shall be considered waived.
Step 2. Within seven (7) calendar days after receiving the written grievance a designated
Empioyer supervisor shall meet with the Union Stewazd and attempt to resolve the
g�ievance. I� as a result of this meeting, the grievance remains unresolved, the Employer
shall reply in writing to the Union within three (3) calendaz days following this meeting.
The Union may refer the grievance in writing to Step 3 within seven (7) calendar days
following receipt of the Employer's written answer. Any grievance not referred in
writing by the Union withiu seven (7) calendar days following receipt of the Employer's
answer shall be considered waived.
Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a
designated Employer supervisor shall meet with the Union Business Manager or his
designated representative and attempt to resolve the grievance. Within seven (7) calendar
days following this meeting the Employer shall reply in writing to the Union stating the
� Employer's answer concerning the grievance. If, as a result of the written response the
grievance remains unresolved, the Union may refer the grievance to Step 4. Any
grievance not referred to in writing by the Union to Step 4 within seven (7) calendaz days
following receipt of the Employer's answer shall be considered waived.
Optional Mediation
1) If the grievance has not been satisfactorily resoived at Step 3, the Union may, within ten
(10) calendar days, request mediation. If Management agrees that the grievance is
suitabie for mediation,, the parties shall submit a joint request to the Minnesota Bureau of
Mediation Services for the assignment of a mediator. Grievance mediation sha11 be
completed within thirty (30) calendaz days of the assignment.
2) Grievance mediation is an optional and voluntary part 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.
3) The grievance mediation process shall be informal. Rules of evidence shall not apply,
and no record shall be made of the proceeding. Both sides shall be provided ample
opporhanity to present tbe evidence and azgument to support their case. The mediator
may meet with the parties in joint session or in separate caucuses.
� 4) At the request of both parties, the mediator may issue an oral recommendation for
settlement. Either party may request that the mediator assess how an azbitrator xnight rule
in this case.
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5) T'he grievant shall be present at the grievance proceeding. If the grievance is resolved,
the grievant shall sign a statement agreeing to accept the outcome. Unless the parties
agree otherwise, the outcome shall not be precedential. �
6) If tbe grievance is not resolved and is subsequenfly moved to azbitration, such proceeding
shall be de novo. 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 he used or referred to during arbitration.
Step 4. The arbitration proceedings shall be conducted by an azbitrator to be selected from a
permanent panel of five (5) arbitrators. Arbitrators shall be selected by lot within twenty
(20) work days after notice has been given. The permanent paael oF arbitrators shall be
mutually agreed to by the Employer and the Union no later than sixty (60) days after the
signing of this Agreement. In the event the Employer and the Union have not agreed to
five (5) azbitrators for the permanent panel, the parties will petition the Director of the
Bureau of Mediation Services for a list of seven (7) arbitrators. Tha parties shall
aitemately strike names from suc$ fist(s), the Employer striidng first, until one (1) name
remains.
10.5 The Arbitrator shall ha�e no right to amend, modify, nullify, ignore, add to, or subtract from the
provisions of this Agreement. The azbitrator shall consider and decide only the specific issue submitted
in writing by the Bmployer and the Union and shaIl have no authority to make a decision on any other
issue not so submitted. The arbitrator shall be without power to make decisions contrary to or
inconsistent with or modifying or varying in any way the app�ications of laws, rules, or regutations
having the force and effect of law. The azbitrator's decision sha11 be submitted in writing within thirty �
(30) days following close of the hearing or the submission of briefs by the parties, wluchever be later,
uuless the parties agree to an extension. The decision shall be based solely on the azbitrator's
interpzetation or application of the express terms of this Agreement and to the facts of the grievance
presented. The decision of the azbitrator shall be fmal and binding on the Employer, the Union, and the
employees.
10.6 The fees and ezcpenses for the azbitrator'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
representatives and witnesses. If either party desires a verbatim record of the pmceedings, it may cause
such a record to be made, providing it pays for the record.
10.7 The time limits in each step of this procedure may be c�tended by mutual agreement of the Employer
and the Union.
10.8 It is understood by the Union and the Employer that a grievance may be determined by either the
grievance procedure of tlus contract or by the provisions of the Civit Service Ruies of the City of Saint
Paul. If an issue is determined by this grievance procedure it shall not again be submitted for arbitration
under the Civil Service Rules. If an issue is determined by the provisions of the Civil Service Rules it
shall not again be submitted for arbitration under this grievance procedure.
ARTICLE 11 - SENIORITY
11.1 Seniority, for the purpose of this Ageement, shall be defined as follows: �
A. "City Seniority" - The length of continuous, regular and probationary service with the Employer
from the date of employment in any and all class titles.
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• B. "Class Seniority" - The length of continuous, regular and Probationary service with the
Employer from the date an employee was first certified and appointed to a class title covered by
this Agreement, it being further understood that class seniority is confined to the current class
assigoment held by an employee.
(1) For Employees with dual titles, class seniozity will be defined as the class title
assignment for the day assigned and will conrinue to be that class rifle until the next
regulaz assigned shift. During a deciazed emergency when the assigned shift is finished,
those who hold dual titles, such as Heauy Equipment Operator and Driver Operator, will
revert to the lower title in order of their seniority in that title.
C. If an employee requests reverse seniority for the winter season he/she will be placed at the
bottom of the seniority list. An employee's request must be submitted by October 15 of each
yeaz. All employees who have opted for reverse seniority will be returned to their original
seniority on the call back list when the weather allows the employer to begin normal
spring/summer operations, or on April l of the following yeaz, whichever comes first.
(1) Parks Workers or Grounds Workers opting for reverse seniority will be placed at the
bottom of the combined Pazks Worker/Grounds Worker seniority list during the lay ofF
period.
(2) Driver-Operators, Bid Drivers or Public Works Laborers opting for reverse seniority will
� be placed at the bottom of the Street Services Worker winter call in seniority list after any
Street Services Worker has opted for reverse seniority.
11.2 Seniority shall terminate when an employee retires, resigns, or is dischazged.
113 A. In the event it is deternuned by the Employer that it is necessary to reduce the work force,
employees will be laid off by class title within each division based on inverse length of "Class
Seniority." Recall from layoff shall be inverse order of layoff, except that recall rights shail
expire after two years of layoff.
B. In cases where there are promorional series, such as Unskilled Laborer, Crew Leader, etc., when
the nwnber of employees in these higher titles is to be reduced, employees who have heid lower
ritles which aze in this bargaining unit will be offered reductions to the highest of these titles to
which class seniority would keep them from being laid off, before layoffs aze made by any class
title in any department.
C. It is further understood that a laid off employee shall have the right to placement in any lower-
paid class title in this bargauung unit, provided said employee has been previously certified and
appointed in said lower-paid class fitle. In such cases, the employee shall first be placed on a
reinstatement register and shall haue "Class Seniority" based on the date originally certified and
appointed to said class. Employees may also apply for posirions in a lower class but may,
nevertheless, return to originai class as provided in pazagraph (A) above.
• D. The provisions of Appendix C shall apply to the classification of Driver Operator.
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11.4 To the extent possible, vacation periods shall be assigned on the basis of "Class Seniority", within each
class, by division. It is, however, understood that vacarion assignments shatI be subject to the ability of �
the Employer to maintain operations.
11.5 Promotions shall be handled in accordance with current Civil Service Rules and practices. However, the
Water Utility may promote and assign a member of a rotating emergency or night crew holding the
secondary title of Water Service Worker-Control Desk to a temporary Water Service Worker-Control
Desk vacancy on his assigned crew without reference to his seniority in that title. Regular permanent
promotions will continue to be made in ordez of seniority in title.
11.6 When a seniority list is being used to call in employees for overtime, once the list is e�chausted,
the employer sha1l order employees, in reverse order of senioriry, to report to work.
.ARTICLE 12 - VACATION
12.1 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, excluding
overtime. For purposes of this atticle, effective 7anuary 1, 2006, qualifying yeazs of service shall be
determined based on calendaz years of service. This shall apply to both part-time and full time
employees.
Years of Service
lst yeaz thru 4th year
Sth yeaz ttuu 9th year
lOth yearthru 15th year
16th year thru 23rd year
24th year and thereafter
Honrs of Vacation
.0385 (10 days)
.0616 (16 days)
.0731 (19 days)
.0885 (23 days)
.1000 (26 days)
�
12.2 The head of the department may permit an employee to carty over one hundred and twenty (120)
hours of vacation into the following "vacation year". For the purpose of this article the "vacation year"
shall be the fiscal yeaz (Il2S payroll reporting year).
123 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of
Compensation, Section I(one), Subsection H.
12.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty (180)
days, he/she may convert any part of such excess at the rate of two (2) days of sick leave for one (1) day
of vacation up to a maximum of five (5) days of vacation.
12.5 The maYimum number of days' vacation allowed by the conversion of sick leave credits shall be no
more than five days on any one yeaz so that with the maximum vacation time wluch may be taken in any
one yeaz (including cazry over allowed from previous vacation year) sha11 be forty-six days including the
regular vacation period.
12.6 The provisions of this Article 12 shall not apply to employees worldng in the titles of Go1f Ranger, Pazk
Aide, or Pazk Worker I.
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ARTICLE 13 - HOLIDAYS
�3.1 The following twelve (12) days shall be designated as holidays:
New Yeaz's Day, January 1
Mattan Luther King Day, third Monday in 7anuary
Presidents' Day, third Monday in Febru.azy
Memoriai Day, last Monday in May
Independence Day, July 4
Labor Day, fust Monday in September
Veterans' Day, November 11
Thanksgiving Day, fourth Thursday in November
Day After Thanksgiving, fourYh Friday in November
Chrishnas Day, December 25
Two floating holidays
Eligible employees shall receive pay for each of the holidays listed above, on which they perform no
work. When New Yeaz's Day, Independence Day, Veterans' Day or Chrisimas Day falls on a Sunday,
the following Monday shall be considered the designated holiday. When any of these four (4) holidays
falls on a Saturday, the preceding Friday shall be considered the designated holiday. For those
employees assigned to a work week other than Monday through Friday, the holiday shall be observed on
the calendaz date of the holiday.
�13.2 The floating holidays set forth in Section 13.1 above may be taken at any time during the fiscal yeaz,
subject to the approval of the Depaztment Head of any employee.
13.3 Eligibility Requirements. Eligibility for Holiday Pay shall be determined in accordance with Section 1,
H, 8, A of the Saint Paul Salary Plan and Rate of Compensarion.
13.4 The ten (10) holidays shall be considered non-work days.
13.5 If, in the judgment of the Employer, personnel aze necessary for operating or emergency reasons,
employees may be scheduled or "called back" in accordance with Article 8.4 (Call-in-Pay).
13.6 If an employee entitled to a holiday is required to work on New Year's Day, Meinorial Day,
Independence Day, Labor Day, Thanksgiving Day, Ckuistmas Day, Martin Luther King Day, PresidenYs
Day, Day After Thanksgiving, or Veterans' Day, he/she shali be recompensed far work done on this day
by being granted compensatory time on a tune and one-half basis or by being paid on a time and one-
haif basis for such hours worked, in addition to his/her regulaz holiday pay.
13.7 The provisions of this Article 13 shall not apply to employees working in the titles of Golf Ranger, Pazk
Aide, and Park Worker I.
.
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ARTICLE 14 - JURY DUTY
14.1 Any empioyee who is required during his/her regular working hours to appeaz in court as a juror or �
witness, except as a wihiess in the employee's own behalf against the Employer, shall be paid his/her
regulaz 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 City Finance D'uector. Any employee who is
scheduled to work a shift, oYher than the nom�al daytime sluft, shall be rescheduled to work the normal
daytime shift during such time as he/she is required to appeaz in court as a juror or witness.
ARTICLE IS - SEVERANCE PAY
15.1 The Employer shall provide a severance pay program as set forth in this Article.
15.2 To be eligible for the severance pay program, an employee must meet the following requirements:
A. The employee must be 58 years of age or older or must be eligible for pension under the "rule of
90" or the "rule of 85" provisions of the Public Employees Retirement Association (PERA). The
"rule of 90" criteria shall also apply to employees covered by a public pension plan other than
PERA.
B. The employee must be voluntarily sepazated from City employment or have been subj ect to
separation by layoff or compulsory retirement. Those employees who aze discharged for cause,
mic conduct, inefficiency, incompetency, or auy other disciplinary reason aze not elig.ible for the
City severance pay program. �
C. The employee must have at least ten (10) years of consecufive service under the classified or
unclassified Civil Service at the time of separation.
D. 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 reemployment (of any type), with the City.
E. The employee must have accumulated a m;n;.,,um of sixty (60) days of sick leaue credits at the
time of his/her separation from service.
15.3 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 separation for each day of accrued sick leave subject to
a maximum of $6,500.
15.4 For the purpose of this severance program, a death of an employee shall be considered as separation of
employment, and if the employee would ha�e met all of the requirements set forth above, at the time of
his or her death, payment of the severance pay will be made to the employee's estate or spouse.
15.5 The manner of payment of such severance pay shall be made in acwrdance with the provisions of City
Ordinance No. 11490. •
15.6 This severance pay program shall be subj ect to and govemed by the provisions of City Ordinance No.
11490 except in those cases where the specific provisions of this article conflict with said ordinance and
in such cases, the provisions of this ariicle shall control.
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15.7 The provisions of this article shall be effective as of May 31, 1984.
*15.8 Any employee hired prior to May 31, 1484 may, in any event, and upon meeting the qualifications of
this article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section 1, section 6,
dtaw severance pay. However, an election by the employee to draw severance pay under either this
article or the ordinance shall constitute a bar to receiving severance pay from the other.
15.9 For employees appointed to a tifle covered by this Agreement on or after May 1, 1989, the Employer
shall provide only the severance pay progam as set forth in 15.10 through 15.14.
15.10 To be eligible for the severance pay program, an employee must meet the following requirements:
A. The employee must be voluntarily separated from City employment or have been subject to
sepazation by layoff or compulsory retirement. Those employees who are discharged for cause,
misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the
City severasce pay program.
B. The employee must file a waiver of reemployment with the Director of Human Resources, which
will cleariy indicate that by requesting severance pay, the employee waives all claixns to
reinstatement or reemployment (of any type), with the City or with Independent School District
No. 625.
�
C. The empioyee must have an accumulated balance of at least eighty (80) days of sick leave credits
at the time of his/her separation from service.
I5.11 If an employee requests severance pay and if the employee meets the eligibility requirements set forth
above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for
the position held by the employee on the date of separation for each day of accnxed sick leave subject to
a maximum 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
Masunum Severance Pay
5,000
6,000
7,000
8,000
9,000
10,000
15.12 For the purpose of tlus severance program, a death of an employee shall be considered as sepazation of
empioyment, and i€the employee wouid have met all of the requirement set forth above, at the time of
lus or her death, payment of the severance pay shall be made to the employee's estate or spouse.
15.13 The manner of payment of such severance pay shall be made in accordance with the provisions of City
Ordinance No. 11490.
� 15.14 This severance pay program shall be subject to and governed by the provisions of City Ordinance No.
11490 except in those cases where the specific provisions of tYus article conflict with said ordinance and
in such cases, the provisions of this article shall control.
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15.15 Notwithstanding Article 15.9, employees appointed prior to May 1, 1989 to a title covered by this
agreement who meet the qualifications as defined in azticles 15.10 and 15.11 may elect to draw
severance pay under the provisions of 15.11. However, an election by an employee to draw severance .
pay under article 15.11 shall constitute a bar to drawing severance pay under any other provision set
forth in this Agreement.
15.16 Employees appointed on or after May 1, 1989 to a title covered by this agreement shall not be eligible
for any severauce pay provisions othez than the provisiotts as set forth in article 15.9 through 15.14.
15.17 Time with School District 625 shall not be used to qualify for the benefits in this Article for employees
hired after 7anuary 1, 1997.
15.18 For any emp2oyee who is eligible for and receives severance under this Article, the Employer shall pay
one hundred-five percent (105%) of the full severance amount into a Post Employment Health Plan
(PEHP) established by the Employer.
ARTICLE 16 - WAGES
16.1
16.2
The basic hourly wage rates as established by Append'uc A shall be paid for all hours worked by
provisional, regular and probationary employees.
The basic hourly wage rates in Appendix A reflect the following increases:
Effective payroll period closest to 7anuary 1, 2005:
Effective payroll period closest to 7anuazy 1, 2006:
Effective payroll period closest to January 1, 2007:
0.00% increase*
2.50% increase**
2.50% increase***
At the time of this increase, wages will be decreased by $.15/hour to be contributed to a supplemental
pension plan as per Article 4.4.
** At the time of this increase, wages will be decreased by $025/hour to be conhibuted to a supplemental
pension plan as per,Article 4.4.
***At the time of this increase, wages will be decreased by $035/hour to be contdbuted to a supplemental
pension plan as per Article 4.4.
ARTICLE 17 - SAVINGS CLAUSE
�
17.1 This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Saint
PauI. In tfie event any provision of tlus Agreement shall hold 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 provision shall be voided. All other provisions shall continue in full force and effect.
ARTICLE 18 - JURISDICTION
18.1 Disputes conceming work jurisdiction between and among Unions is recognized as an appropriate
subject for determination by the various Unions representing employees of the Employer.
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18.2 In the event of a dispute concerning the performance or assignment of work, the Unions involved and
the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing
• sha11 restrict the right of the Employer to accomplish the work as originally assigned pending resolution
of the dispute or to restdct the Employer's basic right to assign work.
183 Any employee refusing to perform work assigned by the Employer shall be subject to disciplinary action
as provided in Article 7(Disciplinary Procedures).
18.4 There shall be no work stoppage, slow down, or any disruption of work resulting from a work
assignment.
18.5 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made
only to Employers who qualify in accordance with Ordinance No. 14013.
ARTICLE 19 - SICK LEAVE
19.1 Sick leaue shall be earned and granted in accordance with the Civil Service Rules. Effective 7anuary i,
2007, eligible exnployees shall earu sick leave at a rate of fourteen (14) days per year, or 0.0538 of a
working hour for each full hour on the payroll. Sick leave without pay may be granted in accordance
with the provisions of Section 20H of the Civil Service Rules for a period up to but not to exceed three
years.
19.2 In the case of a serious illness or disability of an employee's cluld, parent or household member, the
� head of the deparhnent shall g�ant 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 shail be drawn from the
employee's accuxnulated sick leave credits. Use of such sick leave shail be lunited to 40 hours per
incident.
193 Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, may be
granted one day of sick leave to attend the fizneral of the empioyee's grandparent or grandchild.
19.4 Pregnant employees of the City of Saint Pau1 shall be eligibie for the use of paid sick leave and unpaid
leave of absence in the same manner as any other disabied or ill City empioyee. 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.
19.5 The head of the Deparhnent or the Human Resources Director may require a physician's certificate or
additional certificates at any time during an employee's use of sick leave for the purposes stated in
Article 19.2 above. All such certificates shall be forwazded by the appointing officer to the Human
Resources Office.
If an employee is absent because of the provisions.of Article 19.2 above for three or fewer calendaz days
he/she shall submit to the head of the Deparhnent a certificate signed by the employee stating the nature
of the child, parent or household member's sickness. If the siclrness continues for more than three
calendar days, no further sick leave sha11 be granted unless or until a physician is consulted. The sick
� leave may be continued from and include the day of consultarion, but only if a certificate signed by the
physician certifying to the nature and period of the person's sickness is submitted and approved by the
head of the department and forwazded to the Human Resources Office.
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19.6 No sick leave shall be granted for the above reasons unless the empioyee reports to histher depar�nent
head the necessity for the absence not later than one-half hour before his/her regularly scheduled time to •
report for work, unless he/she can show to the satisfaction of the department head that tke failure to
report was excusable.
19.7 An employee sha11 be paid uader the provisions of this paragraph only for the number of days or hours
for which helshe would normally have been paid if he/she had not been on sick leave.
19.8 The provisions of this Article 19 shall not apply to employees worlang in the titles of Golf Ranger, Pazk
Aide, or Pazk Worker I,
ARTICLE 20 - PARENTAL LEAVE
20.1 Maternity Leave. Maternity is defined as the physical state of pregnancy of an employee, commencing
eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6}
months after the date of such birtu. In fne event of an employee's pre�nancy, t'ae em�ioyee may apply
for leave without pay at any time during the period stated above and the Employer may approve such
leave at its option, and such leave may be no longer than one (1) year.
20.2 School Conference Leave. An employee shall be granted up to a total of sixteen (16) hours during a
school yeaz to attend school conferences or classroom activities relaYed to the employee's child, provided
the confereaces or classroom activities cannot be scheduled during non-work honrs. 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 disupt unduly the operations of the Employer. An employee shall be allowed to use vacation or
compensatory time for this leave; otherwise, ttris leave shall be without pay.
ARTICLE 21- LEGAL SERVICES
21.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the Employer shall defend,
save harmless and indemnify an employee, and/or his/her estate, against any claim or demand, whether
groundless or otherwise, arising out of an alleged act or omission in the performance and scope of the
employee's duties.
A.RTICLE 22 - STRIKES, LOCKOUTS, WORK INTERFERENCE
22.1 The Unions and the Employers agree that there shall be no strikes, work stoppages, slow-downs, sit
down, stay-in, or other concerted interference with the Employer's business ot affairs by any of said
Unions and/or the members thereof, and there shall be no bannering during the e�cistence of this
Agreement without first using all possible means of peaceful settlement of any controversy which may
arise.
ARTICLE 23 - DEFERRED COMPENSATION
23.1 Employees who haue completed ten (10) through nineteen (19) years of service with the City of Saint �
Paul and who meet the eligibility requirements listed below shall be eligible for $600 per yeaz for
Deferred Compensation paid by the Employer on a dollar for dollaz match. Effective January 1, 2007,
this amount shall be increased to $800.
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23.2 Employees who ha�e completed twenty (20) yeazs of service with the City of Saint Paul and who meet
� the eligibility requirements listed below shall be eligible for $800.00 per year for Deferred
Compensafion paid by the Employer on a dollaz for dollaz match: EfFective 7anuary 1, 2007, this
amount shall be increased to $1,000.
233 Effective January 1, 2007, employees who have completed five (5) through nine (9) years of service
with the City of Saint Paul, and who meet the eligibility requirements listed below, shall be eligible for
$200 per year for Deferred Compensation paid by the Employer on a dollar for dollar match.
23.4 Eligibility and Impiementation:
A. For initial match, employees must have been employed for a minimum of five (5} yeazs.
B. Employees must have made their complete contributions by December 31 of the previous
calendar year.
C. City matches will be made by April l of the following yeaz.
D. Employees must be on the payroll as of the date of the Employer's payment.
E. Employees not on the payroll at the time of the Employers payxnent will still receive the
Employer's contribution amount if the empioyee has contributed double his/her contribution
amount.
F. Qualifying yeazs of service for the 10 & 20 year rates must have been attained by January 1 of the
previous year to which the payment is to be made.
�TICLE 24 - TERMS OF AGREEMENT
24.1 'The Employer and the Union acknowledge that during the meeting and negotiating whic� resulted in
this Agreement, each had the right and opportunity to make proposals with respect to any subject
concerning the terms and condirions of employment. The agreements and understandings reached by
the parties after the exercise of this right are fully and completely set forth in this Agreement. Any and
all prior agreements, resolutions, practices, policy or rules or regularions regarding the terms and
conditions of employment to the extent they are inconsistent with ttus Agreement are hereby superseded.
In those areas where Civil Service Rules are not inconsistent with this Agreement, the Civil Service
Rules shall continue to be in effect.
24.2 Except as herein provided this Agreement sha11 be effective as of the date it is executed by the parties
and sha11 continue in full force and effect thru December 31, 2007, and thereafter untii modified or
amended by mutual agreement of the parties. Either party desiring to amend or modify ttris Agreement
shail notify the other in writing so as to comply with the provisions of the Public Employment Labor
Relations Act of 1971.
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24.3 This constitutes a tentative agreement between the parties which will be recomxnended by the City
Negotiator but is subject to the approval ofthe Admiuistration ofthe City, the City Council and is also �
subject to ratification by the Unions.
WITNESSES:
CITY OF SAINT PAUL
BY:
Jason Sc
Labor Relations Manager
DATE: tr���
TRI-COUNCIL
BY: _��c7�»� (/fL�� RI-,�°J-aS
Business Representative, I,ocal I20
DATE:
BY: (� 7�0 S
Bus ss Manager, Local 132
DATE; � o< `�� d 'f
BY: �� :i4�''��� �-
Business Representative, Local 132
DATE:
BY: ��� R����
Business Representative, L,oca149
DATE: �-I
�e �
BY: .��/���
Business Mana , Loca149
DATE:
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APPENDIX A- Wage Schedules, Premiums
�e hourly wage rates for provisional, regular and probationary employees working in the classes listed below
aze as shown:
.
.� . .
Effective on the following dates:
Note: 2005 wage includes $0.1 S/hr. deduction as per Article A.4
2006 wage includes $0.25/hr. deduction as per Article 4.4
2007 wage includes $0.35/hr. deduction as per Article 4.4
Bridge Crew Leader
Bridge Maintenance Worker
Grounds Crew Leader
Labor Cre L eader
Sewer Cre L e a de r
Sewer Services Worker
Stores Laborer
Street Services Worker
*Unskilled Laborer
Water Uti lity W I
Water Urility Worker II
Water System Worker I
Water System Worker II
Water Service Worker -
Control Desk
Golf Ranger
Fust 500 Hours
Second 500 Hours
Third 500 Hours
� Fourth 500+ Hours
i/1/2005
(or closest pay period)
21.75
19.94
20.44
20.44
21.66
19.73
1937
19.37
19.37
19.37
19.99
19.73
20.95
21.00
6.74
7.42
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is abolished except as to present incumbents.
1/1/2006
(or closest pay period)
22.19
20.34
20.85
20.85
22.10
20.12
�
19.75
19.75
19.75
19.75
2039
20.12
2137
21.43
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�
1/1/2007
closest pay �
22.65
20.75
21.27
21.27
22.56
20.53
20.15
20.15
20.15
20.15
20.80
20.53
21.81
21.86
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1/1/2005 1/1/2006 1/1/2007 �
(or closest pay period) (or closest pay period) (or closest pay period)
Utility Aide
First 1040 Houts 10.47 10.63 10.80
Second 1040 Hours 11.54 11.'l3 11.92
Third 1040 Hoars 13.13 13.36 13.59
Fourth 1040 Hours 14.72 14.99 15.27
Pazks Worker I
Fust 500 Aours 7.75 7.84 7.94
Second 500 Aours 8.42 8.53 8.65
Third 500 Hours 9.07 9.20 933
Fourth SOO+Hours 9.74 9.88 10.03
Parks Worker I -
Operations/Como Campus •
1- 499 Hours 8.42 8.53 8.65
500 - 1499 Hours 9.07 9.20 933
1500+ Hours 9.74 9.88 10.03
Patks Worker II
First 1040 Hours 12.59 12.80 13.03
Second 1040 Hours 13.13 1336 13.59
Third 1040 Hoius 13.93 14.18 14.44
Fourth 1040+ Hours 14.72 14.94 15.27
Parks Worker III 1937 19.75 20.15
Golf Worker III 1937 19.75 20.15
Garden Laborer
Start 17.85 18.20 18.55
After Six Months 2836 18.72 19.09
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Gardener
Start 1893 1930 19.69
After Siz Months 1933 19.71 20.11
Lead Gardener 21.02 21.45 21.88
Lead Landscaper 21.02 21.45 21.88
*Crroundsworker
Start 18.24 18.60 18.96
After Six Months 18.74 19.11 19.49
*Groundsworker - Water
Utility
Start 18.24 18.60 18.96
After Six Months 18.74 19.11 19.49
Assistant Golf Course 21.24 21.67 22.12
Superintendent
Assistant CTardener 13.76 14.Q0 14.26
Landscape Worker 13.76 14.00 14.26
14.29 14.55 14.81
*This title is abolished except as to present incumbents.
GROUP B
1/1/2005 1/1/2006
1/1/2007
(or closest pay period) I(or closest pay period) �(or closest uav t
*Tractor Operator I I 19.64
This title is abolished except as to present inci
20.03
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ef:Z�If17N
1/1l2005 1/1/2006 1/1/2007
(or closest pay period) (or closest pay period) (or closest pay period)
Asphalt Plant Operator 22.94 23.41 23.90
Fieavy Equipment Operator 22.94 23.41 23.90
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Heavy Equip. Oper./Water 22.94 23.41 23.90
Utility �
Heavy Equip. Oper./Sewer 22.94 23.41 23.90
Utility
7et Sewer Cleaner Operator 22.94 23.41 23.90
Revolving Power Equip 25.84 26.39 26.95
Operator
GROUP D
1/1/2005 1/1/2006 1/1/2007
(or closest pay period) (or closest pay period) (or closest ay eriod)
*Driver Operator 19.65 20.04 20.44
Driver Operator - Water 29.65 20.04 20.44
*T1us title abohsherl except as to present incumbents.
GROUP E
1/1l2005 1/1/2006 1/1/2007
(or closest pay period) (or closest pay period) {or closest ay eriod)
Forestry Crew Leader 23.00 23.48 23.96
Tree Worker 20.65 21.07 21.50
PREMIUMS
A. Employees required to work eight (8) feet or lower beneath ground sha11 receive tUree and one-half
percent (3.5%) per hour above the regulaz base hourly rate for each hour or any part thereof worked in
such an assigunent. This provision shall not apply to employees working under the titles of Water
System Worker I or Water System Worker II.
B. A premium pay of fifty-cents ($.50) per hour shall be paid for a11 swing stage work, such as work
performed from a boatswain's chau or a swing scaffold or hazardous work that requires the use of a
safety belt. All standard safety laws shall be complied with. Effective 7anuary 1, 2006, a premium pay
of 2.50% per hour shall be paid for all swing stage work, such as work performed from a boatswain's
chair or a swing scaffold or hazudous work that requires the use of a safety belt. Employees assigned to
tfie Reachall shaIl aiso be eligible for tius premium. Ali standard safety laws shall be complied with.
C. Tree Workers assigned to the crew perfomung tree trimming dufies in assisting Northern States Power
Company shall receive four percent (4%) per hour above the regular base rate or any pazt thereof �
worked in such an assignment.
D. Employees assigned the duties of Oiler Operator or Load & Pack shatl receive sis percent (6%) per hour
above the regular base rate for each hour or any part thereof worked in such an assi9Zntent.
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E. Street Services Workers, Parks Worker or Water Utility Workers I assigned to perform duties of an
• *Asphait Raker sha11 receive three percent (3%) per hour above the regular base rate for each hour or
any part thereof worked in such assignment.
F. Street Services Workers, Water Utility Workers I, Parks Workers, or Bridge Workers assigned to
perform duties of an *TacmanlTamper shall receive six percent (6%) per hour above the regulaz base
rate for each hour or any part thereof worked in such assignment. This is in lieu of any clothing
allowance and shall be paid only for hours worked performing such duties.
G. Any Pazks Worker/*Grounds Worker assigned to operate a 580-D or a rotary grass cutting machine
having a cutting width of over 15 feet shall receive $.45 per hour above the regular base rate for each
hour or any part over one fourth hour actually worked in such an assigmment. Effective January 1, 2006,
any Parks Worker/*Grounds Worker assigned to operate a 580-D or rotary grass cutting machine ha�ing
a cutting width of over 15 feet shall receive 2.50% per hour above the regttlar base rate. The regular
operators of the 580-D equipment from previous seasons will be considered first for these assigiments.
For new openings, the Division will post the opening and take the senior qualified candidate. However
the Division does not waive its nights to assign premium pay posirions to less senior employees if it
deems it necessary. This premium does not include reel mowers or 7-gang mowers.
H. Pazks Workers or Grounds Workers assigned to an abatement crew on a summary abatement
deemed to be hazazdous by the Eiealth Deparlment Inspector and PED summary abatement supervisor
and requuing the use of special protective clothing shall receive $.60 per hour above the regulaz base
rate for each hour or any part thereof worked in this assignment. Effective January 1, 1999 upon
� completion of training.
I. Street Services Workers, Water Utility Worker I's, and Pazks Workers assigned to drive tandem trucks,
or required to drive lowboy, truck trailer, wing plow, or show mobile, or Water utility Worker I's at
Vadnais assigned to operate the fann tractors shall receive $.25 per hour above the base rate for each
hour or any part thereof worked in such an assignment. *Driver-Operators and Street Services Workers
paid as `Bid Drivers" as defined under the provisions of Appendix D, A3 aze not eligible for this
premium.
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APPENDIX B— Temporary Employee Wage Schedules
Temporary employees shall be paid ninety percent (90%) of the appropriate wage rates established by the
�Iighway and Heavy Agreement then in effect between the Unions and the Associated General Contractors of
Mwnesota (AGC). Effective January 1, 2006, temporary employees shall be paid ninety five percent (95%) of
the appropriate wage rates established by the Highway and Heavy Agreement then in effect between the Unions
and the Associated General Contractors of Minnesota (AGC}. Effecrive 3anuary 1, 2007, temporary employees
shall be paid one hundred percent (100%) of the appropriate wage rates established by the Highway and Heavy
Agreement then in effect between the Unions and the Associated General Contractors of Minnesota (AGC).
Appropriate AGC fringe benefit contributions shall also be paid to the jointly trusted fixnds. Effective upon
ratification of the contract.
1.
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The hourly rates for temporary Employees worldng in the classes listed below are as shown:
Bridge Maintenance Worker
Water System Worker I
Water Utility Worker I
Pazks Worker III
Sewer Services Worker
Street Services Worker
Effective
2005
Effective Effecrive
2006 2007
**
*�
**
**
*�
* **
* **
�x +*
* **
* **
The houtly wage rates for temporary employees worlflng in classes listed below shall be the same as the
wage rates applicable to provisional, regulaz and probarionary employees working in said classes as
shown in Appendix A:
Garden Laborer
Gardener
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For temporary Employees working in the classes listed above the following fringe benefit contributions
shall be made to the Minnesota Laborers' Fritige Benefit Fund:
Health and Welfare
Pension
Vacation ***
Training
LECET
Effective Effective
2005 2006
* �*
+ �*
* �*
�: **
* *�
* At the time of the signing of this agreement rates were not available.
** At the time of the signing of this agreement rates were not available.
***This contribution is tasable.
Effective
2007
**
**
**
*�
**
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2. The hourly rates for temporary Employees worlflng in the classes listed below aze as shown:
Effective Effective
2005 2006
Heavy Equipment Operator
Revolving Power Equipment Operator
**
**
Effective
2007
��
**
The hourly wage rates for temporary Employees in the classes listed below shall be the same as the
wage rates applicable to provisional, regular and probationary Employees working in said classes as
shown in Append'uc A. "
Tree Worker
For temporary Employees worldng in the classes listed above the following fiinge benefits shall be
made to Funds designated by NOE, Local 49:
Effective Effective
2005 2006
Health and Welfaze
Pension
Training
**
**
r*
* At the time of the signing of this agreement rates were not auailable.
** At the time of the signing of this agreement rates were not available.
3. The hourly wage rates for temporary $mployees in the classes listed below shall be the same as the
wage rates applicable to provisional, regular and probationary Employees worldng in said classes as
shown in AppendiJC A.
*Driver-Operator
4. Regular Employees who aze laid off and then called back in to work on a temporary basis shall receive
the regular rate of pay as shown in Appendix A for such titles worked and shall continue to earn and
accrue City benefits for such hours worked.
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5. For temporary Empioyees working in titles listed in tius Appendiz "B" whose length of service and
eamings require that they be subj ect to Public Employees Retirement Association contributions, the rate
of pay shall be the rate shown in tlus Appendix "B" for such title divided by 1.0518.
6. If the union elects to have the fringe benefit contributions Listed in this Appendix "B" increased or
decreased, the Employer may adjust the applicabie rates accordingly.
7. The Union will notify the Bmployer as soon as possibie when these rates and their effective dates have
been negotiated with the AGC. For their application in this agreement, adjustments will be made on the
closest effective payroll dates. �
Effective
2007
**
**
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AYPEPTDIX C— Driver Operator Seniority
� The following aze special provisions for *Driver-Operator seniority:
All *Driver-Operators hired subsequent to 7uly 1, 1970, except the six who were hired with the
promotion rights from the Aprii 7, 1975 eligible list by departments other than Public Works, will be
laid off at the end of December 1, 1978.
Subsequent to December 1, 1978, the Public Works Department shall hire from the layoff list all
*Driver-Operators who will be needed throughout the City for the remainder of tUe yeaz.
Subsequent to December i, 1978, all reinstatements and new appointments will be made to the Public
Works Department.
Department or division promotion rules shall not apply to the classification of *Ariver-Operator.
Any *Driver-Operator taking an examination on a promotional basis £or any other fitle shall be
considezed a promotional candidate in the department in which he/she is working on the date of the
examination regarclless of the fact that such employee appeazs as*Driver-Operator on the Public Works
Department payroll.
In the event that such employee is transferred to another department after the date of the examination,
such employee shall be considered a promorional candidate in the department to which he/she is
� transferred.
No change in assignment shall be made prior to the date of the examination for the purpose of changing
the department in which the employee qualifies as a promotional candidate under this article.
Employees appointed from the promotion list of the Mazch 3, 1978, Truck Driver examination shall
have *Driver-Operator seniority in the same order as the order in which their names appeaz on the
promotional eligible list from which they were appointed. This does not apply to employees appointed
from this list to the Boazd of Education.
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APPENDIX D— General Policies Regarding Seniority
�Che following are general policies regazding seniority for personnel permanently assigned to the Department of
�Public Works Street Maintenance and Sewer Maintenance Divisions and the Division of Parks and Recreation
in the classificarions of *IJriver-Operator, Laborer, Su'eet Services Worker, Heavy Equipment Operator, Sewer
Services Worker, Crroundsworker, Parks Worker, Tree Trimmer II, Power Clam Operator and Tree Worker.
These general policies will be followed when maldng job assignments to qualified employees. The productivity
needs of the utilizing division may be considered when making job assignments.
A. Department of Pnblic Works
1. Class seniority in the *Driver-Operator and Laborer titles shaii take precedence over the Street
Services Worker and Sewer Services Worker titles for all work assignments. This includes
Heavy Equipment Operators who also hoid the title of �`Drivex-Operator and who aze redaced to
the title of *Driver-Operator.
2. Class seniority in the tiUes of *Driver-Operator and Street Services Worker shatl be used to
make temporary job assignments for Heavy Equipment Operator positions in the Street
Maintenance Division.
3. The Division shall identify the number of primary Driving Jobs needed each yeaz by May 1, or
after the full spring call back, whichever comes first. The primary Driving Jobs not assigned to
*Driver-Operators sha11 be bid using Class Seniority with employees holding the title Street
Services Workers. The Street Service Workers selected shall be referred to as "Bid Drivers" and
. shall be assigned by seniority.
a. *Driver-Operators and "Bid Drivers" shall have their base pay increased by $.25 per
hour.
b. "Bid Drivers" will hold that designation and pay for one (i) yeaz until the next annual
bid is implemented.
c. `Bid Drivers" will not be on Street Service Workers Overtime lists
d. If laid off during the Winter lay off, "Bid Drivers" will be called in prior to Street
Services Workers when there is a need for driving jobs.
4. Assignment to a shi8 eligble far shift differential prennium pay shall be made based on class
seniority. Senior employees in the affected class sha11 not be required to accept such assignment
if there are employees in such class with less class seniority.
5. Regular assignments to the night shift or weekend shift shall be bid seasonally by seniority.
Winter season bids shall be made between October 15th and November 15th each year. Summer
season bids shall be made after the full spring call back. The hours of each shift shall be defined
on the bid sheet. Employees assigned a shift by seniority shall remain on that shift for the
duration of the season, unless the shift is discontinued or mutually agreed to by the employee and
the Department. The complaint assignments shall be exempt from these provisions and shall be
at the discretion of the empioyer.
� 6. Temporary vacancies on a shift shall be made by upgrading the senior eligible employee on the
shift, who holds the title for the assignxnent. Should additional assignments become necessary,
they shall be made by classification seniority from a temporary vacancy list. An employee may
add or remove his/her name from this vacancy list at any time. If a temporary vacancy cannot be
filled from the vacancy list, the position will be filled from the master seniority list.
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B. Division of Parks and Recreation
1. Class seniority in the Groundsworker and *Driver-Operator titles shall take precedence over the �
Pazks Worker title in filling Groundsworker and *Driver-Operator positions respectively. In the
event of a layoff in the tifle of Groundsworker or in the tifle of Pazks Worker, for employees who
are certified to the tifle of Groundsworker and who aze then certified to the new title of Parks
Worker, their seniority in the title of Groundsworker shall prevail.
2. Class seniority in the Tree Trimuier II and Power Clam Operator tifles shall take precedence over
Tree Worker title for assigiment to Tree Trimmer II or Power Clam Operator duties
respectively. In the event of a layoff in the title of Tree Trimmer II or in the tifle of Tree
Worker, employees who aze certified to the tifle of Tree Trimmer II and who are then certified to
the new title of Tree Worker, their seniority in the title of Tree Trimnier II shall prevail.
3. Assignment to a sluft eligible for shift differential premium pay shall be made based on class
seniority. Senior employees in the affected class shalt not be required to accept such assignment
if there are employees in such class with less seniority.
4. a. The Pazks Division agrees to request a*Driver-Operator from the City-wide *Driver-
Operator seniority list to fill behind a*Driver-Operator absent from his/her position in
the Pazks Division in cases where the City has reason to believe that the absence will be
for five (5) worldng days or longer.
b. Both parties agree that the Employer is not required to follow the procedure in Item A
above when the vacant position requires the handling of the "showmobile" or other
pieces of equipment that requires special training and/or experience.
c. The Union and Employer agree that in the event of a sepazation of employment of the
current *Driver-Operators in the Pazks Division, the decision to refill those affected
positions and the decision of the appropriate class with which to reSll the affected
position subsequent to the sepazation of employment shall be made solely by the
Employer.
5. Assignment to the N.S.P. Crew will be based on following:
a. V acancies in the Forestry NSP Crew will be filled by certified line cleazance tree
himmers who have satisfactory or higher performance ratings for at least the preceding
year and have no medical restdctions that limit the employee's ability to perform the
essential functions of the work required of the NSP crew. A positive drug/alcohol test
will disqualify a crew member for a period of one yeaz from date of test.
b. A list of Tree Workers interested in worlflng on the NSP Crew, who meet the rninimum
qualifications, will be solicited annually. The senior tree worker(s) on the sign-up list
will be assigned to the NSP Crew. If the selected Tree Worker turns down an opening,
kis/her name will be moved to Yhe bottom of the list for future openings for the annual
sign up period. �
c. NSP Crew members will remain on the crew until they notify the supervisor they want a
change, no longer meet the minimum qualifications; or aze replaced by a more senior tree
worker under the annual sign up procedure.
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C. Water Utility
� The following procedures will be used to determine the selection of personnel for overtime work
assig�ments. The selection of personnel will vary somewhat due to varying circumstances. This policy
shall apply to all bargaining unit titles.
JOB ASSIGNIv1ENTS:
1. 7ob assignments for members of the Tri-Councii at the Dishiburion Division of the Water Urility
will be made using the following criteria:
a Short term (less than the full winter or summer cycle) assignments will be made at
managements' discretion.
b. Full term (the entire normal winter or suinxner cycie) assignments will be made on the
basis in a given title when openings occur on a particulaz crew. If there will be an
opening for a full cycle on a crew, management will ask those employees worldng the
same title as that opening if they are interested in the position. This wiil be recorded, and
the most senior employee working in that title interested in the job will be given the
position, provided the employee is qualified. Should management have valid reasons not
to appoint this candidate to the position, those reasons sball be given to the candidate in
writing. If no one is interested in a position, the assignment will be made to the least
senior Employee regularly working that title.
• c. Definirions for this section:
1. Seniority used shall be Class Seniority per 11.1B.
2. `23ormal" working cycles for the I7tility are late November to late Mazch (winter)
and late March to late November (snixuner).
3. An "Opening" is defined as a vacancy on a crew expected to last at least one
entire cycle.
d. If a short term assignment is made and the time arrives to make assignments for the next
cycle, management will review the assignment to deterxnine whether it will be considered
an "opening" or not. If it is considered an opening, Section B shall be foliowed.
�
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APPENAIX E— General Policies Regarding Overtime
�The following are general policies regazding the assignment of overtime.
A. Department of Public Works
1. Sewer Maintenance Division
It is the policy of the Sewer Maintenance Division to assign overtime in a way which is both fair to all
employees and efficient for the administration of this division. In order to implement tlus policy the
following guidelines will be used by the supervisor in chazge of setting up crews to work overtime.
a. An OVERTIME AND CALL OUT SCHEDiTLE will be maintained. Names will be listed in
order of seniority. This list will be updated periodically. When people aze calied from this list,
they will be called by title in order of seniority with the following exceptions:
1. A person who is on sick leave wili not be called unless no one else is available.
2. A person who is on vacation will not be called uniess all people on the list who worked
that day are unauailable for overtixne. In the case of overtime during the weekend, those
people who worked on Friday will be called first.
3. People paid under a certain title during the workday will be called out for overtime under
• that title. If enough laborers or service workers cannot be found or if a jet operator is
needed, then people who worked a different title that day may be called,
4. If a supervisor gets a call duriug the workday on a job that may go into overtime, he/she
will assign the crew that is most available at that time to do the job.
If a crew is on the job and that job has to go into overtime, that crew will work the
overtime. If this happens on a Friday and it will be necessary to work during the
weekend, that same crew will be called first. The only exception wili be for steaming
during the weekend, in which case crews will be set up by seniority.
6. All persons on light duty will be moved to the bottom of the Overtime and Cali Out
Schedule.
b. It will be up to the supervisor who checks out the complaint to deterxnine what equipment is
needed and to call out a crew to complete the job.
a Nothing in this policy wiil prevent a supervisor from deviating from this policy when, in his/her
judgment, an emergency exists or it is in the best interest of the division to do so.
2. Street Maintenance Division
� a. Week-end and Holiday overtime will be assigned by seniority, from a posted sign-up list. This
procedure will be used only when all H.E.O., *Driver-Operators, "Bid Drivers" assignees and
Street Service Workers have been assigned to work 40 houxs. The assigned crew that starts a
job shall continue on the job; when overtime is required to finish the job. If the job requires the
week-end to finish, the original assigied crew will be assigned to finish the job.
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b. *Driver-Operators, Heavy Equipment Operators, Street Service Workers or `Bid Driver" �
assignees temporarily assigned for more than one week to other divisions (including £or this
purpose, the asphalt plattt) or to other departments, shall be moved to the bottom of the Street
Maintenance Division seniority list for purposes of overtime for the duration of the assignment.
c. The Dispatcher will take up to two (2) phone numbers for each employee to be put on the
seniority list. When work is available the Dispatcher will start calling from the top of the
seniority list. The calls will be made with no waiting between ca11s and first to answer will get
the work. When a message is lefR, available work will go to the first to respond.
d. If an employee is off a day for vacation, floating fioliday, or comp time, he/she will be eligible
to be called for overtime work that starts after the conclusion of the regulaz work day. If an
employee is off a day for sick leave, he/she will not be called for overtime work until the
foliowing day. If an employee is off sick on the last day of the regular work week, he/she may
be called for overtime work, on his/her two regular days off, if he/she has called in to retixru to
work. If that employee, is Yhen off sick on the first day of his/her work week he/she will need a
doctor's certificate to be paid for that day.
B. Division of Parks and Recreation
1. Pazks Maintenance Section
Overtime assignment within the Parks Department will be made within crews by classification seniority
to employees qualified to do the work. Disputes arising from these assignments may be appealed up to
and including Step (3) of the grievance procedure of this Agreement.
a. When overtime is reqwired and a crew does not have enough employees to cover the event, the
supervisor will fill the crew first using crew senioriry involving employees under his/her budget
authority and then will have the option to choose the crew he/she deems most appropriate.
b. For the purpose of this section an employee assigned to a building or facility alone will be
deemed a crew of one.
2. Forestry Section
A sign up list will be circulated prior to each weekend during the storm season. employees that will be
auailabie for emergency ca11 out work during that weekend will so indicate on the sign up sheet.
Attempts will be made to call out employees in the order of their seniority, however, conditions may
prevail that prevent this in oxder to pmvide for a response to an emergency situation. If a crew is on
storm damage clean up during normal working hours, that crew may continue after the eight hour work
day has ceased until the Supervisor dismisses the crew.
C. Water Utility
The following pmcedures will be used to determine the selection of personnel for overtime work �
assignments. The selection of personnel will vary somewhat due to varying circumstances. This policy
shall appty to all bargaining unit ritles.
�
�5 �7`"(
�
DEFINITIONS:
Standard Overtime List:
Stand-by Qvertime List:
Weekly on-call overtime list
List used if the Empioyer can not get anyane from the standard list to
report.
OVERTIIvIE LIST ELIGIBILTTY:
There shall be a standard overtime list and a stand-by overtime list with the night shift and day
shifts ha�ing separate standard overtime lists.
2. A person holding more than one title shall use his/her normal worldng title for the standard
overtime list and any other titles on the stand-by overtiine lists.
A person not volunteering for the standazd overtime list with his/her normal woridng title, may
be on the stand-by list.
•
4. If a person is off a day for vacation, floating holiday or compensatory time, he/she will, be
eligible to be calied for overtime work that starts after the conclusion of their regulaz work day.
If an employee is off a day for sick leave, he/she will not be called for overtime work until the
following day. If an employee is off sick on the last day of the regular work week, he/she may
be called for overtime work on his/her two regular days off if he/she has called in to returu to
work. If that employee, is then off sick on the first day of hislher work week, he/she will need a
doctor's certificate to be paid for that day.
5. Personnel assigned to the night shi8 will not be on the standazd overtnne list for days but may be
on the stand-by overtime list.
6. An overtime assignment call-out sheet shall be used for both day and shift overtime call outs to
verify proper use of the procedures. Anyone intentionally misusing the overtune policy shall be
subject to discipline.
OVERTIME LIST SELECTION PROCEDURES -- DAY CREWS
A person does not have to be on the voluntary standard overtime list, however, if a person is on the list they will
be required to work when called.
Calling out for overtime shall be done in a cautious and courteous manner. When calling on the phone, the
caller should identify themselves and state the reason why the call is being made. Overtime is nnportant to all
and should be treated as such. The foreman should be called first as he has to obtain utilities. If there is any
question as to the need to work on, overtime the circumstances should be discussed with the foreman before the
decision is made to cali a crew. An additional 30 minutes to call the rest of the crew should be no problem.
Only the Foreman, or Control Desk Worker may actually do the calling -- it should not be delegated any
er. The form shall be completely and accurately filled in and signed by the caller. Two attempts to a
ma�cimum of two (2) numbers, shall be made to ca11 each person to assure that wrong numbers, busy signals and
no answers are double-checked. It is suggested that others be called while giving 10 minutes between first and
second attempts.
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05-�17
A quick response is eapected to the overtime offer, so that a orew can be constructed and work will not be �
delayed. During the normal work day, it is understood that in some cases, up to an hour may be necessary to
contact, family, etc., before the decision to work can be made. However, after 1:00 p.m., it is necessary to get
an answer within 15 minutes so as not to delay the job as people aze leaving for the day . The foreman will, to
the eatent feasible, allow employees the opporhanity to make a quick phone call if necessary.
1. The staudazd overtime list will be used for calling out people for overtime. If the person who is
up that week cannot work, the other people shall be called by rotating through the standard
overtime list and if no one is a�ailable then the stand-by overtime list will be used, except if
calling for a WLTW II or WUW I- then the night overtime list will be used, then the day stand-by
list. Temps will be used as a last resort.
2. Rules for Standby Overtime:
Water System Worker II. After exhausting the WSW II overkime lisT, proceed in the following
sequence:
a. Go to the WSW I Standard Overtime List.
b. Go to the Rotating WSW IUWSW I Standby Overtime List.
Water System Worker I. After exhausting the WSW I overtime list, proceed in the following
sequence:
a. Go to the WSW II Standard Overtime List.
b. Go to ffie Rotating WSW IIlWSW I Standby Overtime.
3. Personnel will be selected from the overtime list for emergency jobs that come in after normal O
worldng hours (main breaks, etc.) or for planned overtime jobs where no crew has previously
worked on the project during nomial working hours.
4. If a crew cannot complete a job in normal worldng hours and the decision is made to continue
the job into overtime, all crew members aze expected to work the overtime. If prior
commitments prohibit crew members from worldng fhe overtime, they may be replaced;
according to #1 above however, they are to stay on the job until their replacement arrives so as
not to delay job completion. If the job will go beyond 2 hours of overtime, any HEO's not on the
standazd overtime list shall be replaced at 4:00 p.m. If the job, including the street repair crew,
will go beyond 4:00 p.m., the Tntck Driver (if it is not his week) shall be replaced. Those not
holding the proper supervisor title shall be replaced. If possible, the Dispatcher shall switch
drivers on j obs between 2:00 p.m. and 4:00 p.m. to allow the driver who is up to be on the
overtime job. If this is not possible, the replacement driver shall begin at 4:00 p.m. with a
different truck. The daytime driver shall be released when the truck is empty (i.e. if the truck is
being filled the driver shall be released after emptying at the landfill and if hauling fill to the job
the driver shall be released when the fill has been dumped.) If more than one truck is needed for
overtime, the overtime list shall 6e followed as per the above procedures. Other replacement
workers will be pexmiited only in emergencies.
If there aze multiple overtime jobs on a normal worldng day, the truck driver who is on his/her
scheduled overtime week shall be switched to the job anticipated to last Yhe longest. This shall �
be done when the job he/she is presenfly worldng has been completed, or at some practical point.
�
0 �3 �7
5. If a crew is worlang on a proj ect and the decision is made that work will have to be scheduled
• during overtime hours (due to shutoff complications, etc.) the crew that is on the job at that time
will aLso work the overtime, except for the Truck Arivers, HEO's not on the standard overtime
list, and any employee working out-of-title. They will be called off the standard overtime list. If
any other members of the crew cannot work the overtime, the vacancy will be filled from the
overtime list.
6. If a job comes in after 2:00 p.m. and will result in overtime, it shall be at the discretion of the
Superintendent or Assistant Superintendent if #3 or #4 will apply.
7. Anyone worldug overtime through the night will not be allowed to work overtime the following
nigi�t.
Temporary workers may not woxk more than one hour of unscheduled ovextime unless no one
else is available after following the overtime selection procedures defined in section 1 and 2. If a
temporary worker is on a job and needs to be replaced because the job is going to last more than
an hour, replacement workers will be called out according to sections 1 and 2.
OVERTIIvIE LIST SELECTION PROCEDURES - IVIGHT CREWS
Night crews shall schedule vacation so only one employee is off at a time. If a person is missing on the evening
shift and a large amount of work is carried forward from the day shift into the evening, a day shift LTW II may
be kept to help clear up the backlog or a replacement called in at management's option (generally, this will
� depend on whether or not there are more than 2 hours of work).
If the decision is made to call in a replacement or supplemental crewmember, the overtime callout pxocedure
shall be as follows:
In general, replacement personnel shall be called from the standard list covering the title that is absent,
i.e. the title the absent crew mexnber would normally work, or, in the case of supplemental help, the title
that is needed.
1. If the CDW is absent and a repiacement is needed, a CDW is called.
2. If the WiJW II is absent and a replacement is needed, a WUW II is called.
During the period from November 15th to Mazch i 5th, it may be necessary to replace both employees (all three
if all are offl depending on workload on the late and weekend shifts. It is managemenYs intention to maintain a
three person crew during this period. This three person crew includes the evening shift Monday through Friday
C7W I, and late shift LIW I if so used.
If no one can be found to come in from the standard night overtime list, a replacement shall be sought from the
day standard overtime list, before going to the night standby list.
The night crew overtiuie list shall rotate as used.
�
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� �y�
DISTRIBUTION DIVISION OVERTIME POLICY:
The following procedures will be used to determine the selection of personnel for overtime work assignments.
The selection of personnel wili vary somewhat due to circumstances. This policy sha11 appty to alI titles. New
lists will be established in, March, July, and November o£ each yeaz in order by seniority and rotated by four
months.
OVERTIME POLICY FOR TBE THAWING RIGS:
In the event it is necessary to work overtime to thaw frozen services, the following policy will apply:
i
1) Generally, the crew will include one Heavy Equipment Operator (E�O), and one Utility Worker
II(UW II}, and may include one Uiility Worker I(UW I}.
2) If it is necessary to continue worlang the rig after working a regulaz work day, the crew will be
called off the thawing overtime list.
3) For the case of starting a crew during overtime hours, the entire crew will be called off the list.
4) For either case, the usual rules about maximum number of hours worked consecutively will
aPP1Y•
5) The "list" will consist of all those day employees holding the above titles who aze interested in
worldng. This list will be developed each November and will be listed in order of seniority in
that tifle. The list will "rotate", i.e., an employee's name will be moved to the bottom of the list
after worldng or being given an opportunity to work. If no LTW II from days is able to work, a
IT4V II will be called off the night list. �
OVERTIME POLICY FOR WATER DEPARTMENT SNOW PLOWING:
A list of those HEO's interested in plowing snow on overtime will be developed in order of seniority by
November of each yeaz. The list will mtate; each HEO will be moved to the bottom of the list after working or
being given an opporlunity to work.
VADNAIS STATION/HIGHLAND OVERTIME POLICI':
Water Utility Worker UGrounds worker
The following procedures shall be used to determine the selection of personnel for overtime work assigninents.
(1) All overtime will be approved by the Watershed Supervisor II.
(2) The Watershed Supervisor II will call personnel for overtime.
(3) Personnel will be called in for overtime based on seniority defined as combined continuous
eacperience as a Water Utility Worker I or Grounds worker at Vadnais/Highland. There are
exceptions/clarifications to this rule as ouflined below:
a. Many of the duties of the Water Ufility Worker I's and Groundsworkers are sunilar. The
Gmunds worker will not be cal2ed in when the overtiuie task involves duties exclusive to tiie
Water Urility Worker I title such as reservoir cieaning, conduit work and sludge field pipe �
work.
.�
05 3��
� b. Monday through Thursday: If an employee takes time off on a Friday or the day before a
holiday and they make it imown to the Watershed Supervisor II that they aze available for
overtime, they will be eligible for overtime.
c. Friday or the day before a holiday: If an employee takes time off on a Friday or the day
before a holiday and they make it I�own to the Watershed Supervisor II that they aze
available for overtime, they will be eligible for overtime.
d. When a crew is on a job that goes into overtime, that crew will continue the job until it is
suspended for the day.
NOTE: Managetnent reserves the right to opetate differently from the above Water Utility policies when
it is deemed necessary. Every effort will be made to follow the above policies.
�
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