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05-479Council File # � Y� 1 rresantea Green Sheet # ��a� S a 0 RESOLUTION CITY OF SAI T PAUL, MINNESOTA � X„ �'� ?7� „� 1 RESOLVED, that the City Council of the City of Saint Paul hereby approves and ratifies the 2 attached 2005-2007 Labor Agreement between the City of Saint Paul and the Intemational Union of 3 Operating Engineers Loca170. Adopted by Council: Date �UX� �� �b�5 Adoption Certified by CouncIl 5ecretary � Requested by Departrnent of: Human Resources By: � - r � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � n� _ti-�di .... . ._ . __. DepartrnentlofficrhounW: Datelnitiated: Hu -�� ��-�+Y-� Green Sheet NO: 3026528 Cwrtad Person & Phonz �� Sent To Person InitiallDate JasonSchmidt � 0 m�Resomcn 2fi6-6503 � Auign 1 �Rewmces De mtDirector Must Be on Counc�l Agenda by (Date): N�enber y � _��J1 For Rol7bng 3 or's Office or/A+.sisfant Order 4 mn1 5 Qerk ' Q Total # of Signature Pages _(Clip All Locations for SignaWre) Action Requested: Approval of the attached 2005 - 2007 Labor Ageement between the City of Saint Paul and the International Union of Operating Engineers, Loca170. Recommendations: Approve (A) or Reject (R): Personat Service Contracts Must Mswer the Foilowing quesfions: Planning Commission �, Has this perso�rm ever worked under a contract for this departmeMl CIB Comm'dtee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee9 Yes No 3. Does this person/firm possess a skill not nortnally passessed by any current city employee? Yes No Explain all yes answers on separate sheet and attacttto green sheet Initiating Problem, Issues, Opportunky (Who, What, When, Where, Why): The Labor Agreement with the International Union of Operating Engineers, Loca170 has expired. The City of Saint Paul is required to negotiate with the bargaining unit. AdvanWges If Approved: . An agreement reached through good faith bazgaining will be in place tluough December 31, 2007. Disadvantages It Approved: None. Disadvarkages If Not ApQroved: � The City would be required to re-open negotiations with the bazgaining unit. This would strain relations with the ba.o ining unit and possibly lead to strike. 7ota1 AmouM of Cost/Revenue Budgeted: Trensaction: - Funding Source: Activity Number. �,(,y �P,SR�!'��t ��^t°f Finaneial Infortnation: � (Explain) ��r' 2 Q � _F � ��� ATTACF3MENT TO TI� GREEN SHEET OPERATING ENGINEERS LOCAL 70 2005 - 2007 Below is a smnmary of the changes in the Collective Bazgaining Agreement between the City and the Operating Engineers Local 70. Duration: 7anuary 1, 2005 through December 31, 2007. Wa¢es: 2005: 0.0% 2006: 2.50% 2006: 20 yr longevity step of $0.15/hr above previous step. 2007: 2.50% Health Insurance: The insurance contribution increase follows the same pattem as previously negotiated agreements with other bargaining units for 2005, 2006 and 2007. 2005 Single: Family: 2006 Single: The 2004 single contribution per month plus 70% of the average increase in the single premium of all plans for 2005 ($4423.) For 2005 only, employees participating in either ofthe two low-cost plans shall receive an additional $1522 per month toward the cost of the two low-cost plans, or the fixll 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 plus 70% of the auerage increase in the single premium of all plans for 2006. For 2006 only, employees participating in either of the two low-cost plans shall receive an additional $7.26 per month towazd 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. 2007 Single: The 2006 single contribution per month plus 70% of the auerage increase in the single premium of all plans for 2006. For 2007 only, employees participating in either ofthe two low-cost plans shall receive an additional $833 per month toward the cost ofthe two low-cost plans, or the full cost ofthe two plans, whichever is less. Family: 70% of the average premium of all plans. b5'`��� Vacation Language change in which qualifying years of service are determined by the calendar year rather than hours of service. Safetv Shoes Allowance amount increased to $75.00 and will be provide to employees once per year on the paycheck. Any remaining carryover balances from 2004 must be utilized in 2005. Sick Leave Reduction of sick leave accrual from 15 days to 14 days per year beginning 1/1/07. Severance Modification of severance plan to account for one less day of sick leave accrual. Deferred Comnensation Employees will receive a$200 yearly deferred compensation match beginning in 2006. Other lan¢uaEe changes: Other language changes aze of a housekeeping nature for clarification and clean up. Costs Wages Insurance 2005 $ 0.00 $ 98 269.53 $ 98,269.53 2006 $ 97,648.75 $ (actual unknown at this tim� $ 97,648.75+ insurance 2007 $ 97,648.75 $ (actual unlaiown at this time) $ 97,648.75+ insurance G:VSkiatedV.RCOMMON�CON1'RAC110PENG70\OS-06\gm sheet attach.doc .� � . . � � � � � � � � � - � _ (�j-����. - � -� 2065 2407 -- � � .� � . �AB:QR AG�EI�IENT -� - � - � � ., � ; - �. � �. � � � _ . � � �= befweean�"= .; � � � . _ � � �- � � - � ,_ _ "THE CIT'Y OF SAINT PAITII. � � and _ � � � �T'T�RNATIOl�1A� UNIOI�T, OF OP�R�'�'ING ' ; - . ENG��RS , : � LoCaL 70 �� , � � � �� � � �=��� �� � ARTICLE T`ITLE PAGE Preamble............................................................................................................................. u 1 Recognition ..........................................................................................................................1 2 Defmitions ............................................................................................................................1 3 Dues - Fair Shaze ..................................................................................................................2 4 Union Rights ........................................................................................................................2 5 Seniority ..................................................................................................................:...........3 6 Management Rights .............................................................................................................4 7 Hours, Fremium Pay ............................................................................................................4 8 Sick Leave ............................................................................................................................5 9 Leave of Absence .................................................................................................................6 10 Severance Pay ...................................................................:..................................................7 11 Mileage ................................................................................................................................9 12 Residency ...........................................................................................................................10 13 Worldng Out of Classification ...........................................................................................10 14 Discipline/Grievance ..........................................................................................................10 15 Insurance ............................................................................................................................12 • 16 17 18 19 20 21 22 23 � Holidays .............................................................................................................................17 Vac ati on .......... ............... ....... .......... .................................... ................................. ..............18 WageSchedule ...................................................................................................................18 Strikes, I,ockouts, Work Interference ...............................:................................................18 Non-Disciiminarion ...........................................................................................................19 Safety Shoes/Uniforms ......................................................................................................19 DeferredCompensation .....................................................................................................20 Terms of Agreemeat ..........................................................................................................20 Appendix A - Wages ................................. ........................................................ A 1 i o� �f79 �� • • �� • This Agreement has been entered into between the City of Saint Paul, hereafter referred to as the Employer, and Local Union No. 70, Internationai Union of Qperating Engineers, AFL-CIO, hereaftez referred to as the Union. This Agreement has as its purpose the promotion of harmonious relations between the Employer and the Union, the establishment of an equitable and peaceful procedute for the resolution of differences, and the establishment of rates of'pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above obj ectives in full compliance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1984, as amended. n U � ii ����q ARTICLE 1- RECOGIVITION • I.1 The Employer recognizes the Union as the sole and exclusive bargaining agent for the purposes of establishing wages, benefits, hours and other conditions of employment for all of its employees as outlined in the certification by the State of Minnesota, Bureau of Mediation Services, under Case No. 73 FR-449-A, as amended, to read as follows: All regular, probationary, and provisional engineering and building maintenance personnel who are employed by the City of St. Paul or who have their "terms and conditions of employment" established by the goveming body of the City of St. Paui, and whose employment service exceeds the lesser of 14 hours per week or 35 percent of the normal work week and more than 67 work days per yeaz in the following classifications: Building Maintenance Engineer, Chemical Feed 5ystem Repairer, Custodial Worker, Custodian, C�stodian Engineer I, Custodian Engineer I--Library, Custodian Engineer I--Public Safety, Custodian- -Engineer II, Custodian Engineer II--Library, Custodian Engineer IlI, Custodian Engineer III--Library, Custodian (Light Duty), House Custodian II, Maintenance Worker, Operating Engineer, Pazk Security O�cer (Pazks), Police Security Ranger (Police), Pumping Engineer II, Security/Safety Officer-Library, Security Officer-Water Utility, Sewer Pumping Station Operator, Supervising Stationary Engineer, Water Plant Operator I, Water Plant Aide, Water Plant Worker, Water Treatrnent Piant Operator II, Trainee (Custodian Engineer); excluding supervisory, managerial, clerical confidential, temporary and emergency employees, those exclusively represented by other labor or employee organizations, and all other employees. . 1.2 The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this Agreement shall be recognized as a part of this bargaining unit, and the parties shali take all steps required under the Public Employment Relations Act to accomplish said objective. ARTICLE 2 - DEFINITIONS 2.1 Collective Bargaining - The Employer will bazgain collectively with the Union and with respect to rates of pay, hours and other conditions pertaining to employment for all of the employees in the unit hereinbefore set forth. 2.2 Maintenance of Standards - The Employer agrees that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the Ciiy of Saint Paul, (Resolution No. 3250 and the Saint Paul Salary Plan and Rates of Compensation) at the time of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement. u 65-y�� ARTICLE Z - DEFIPTITTONS (Continued) 2.3 Discrimination - The Employer will not interfere with, restrain or coerce the employees covered by this Agreement because of inembership in or activity on behalf of the Union. The Employer will not • diseriminate in respect to hire, tenure of empIoyment or any term or condition of employment against any employee covered by this Agreement because of inemberslup in or activity on behalf of the Union, nor will it discourage or attempt to discourage membership in the I3nion, or attempt to encourage membership in another ZJnion. 2.4 The term "Bmployer" shall mean the City of St. Paul or the St. Paul Water Utility. A.RTICLE 3- DiTES - FAIR SHARE 3.1 Dues - The Employer agrees to deduct the Union membership initiation fee assessments and once each month dues from the pay to those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the Employer by a representative of the ITnion and the aggregate deductions of ail employees shall be remitted together with an itemized statement to the representative by the fust of We succeeding month after such deductions are made or as soon thereafter as is possible. 3.2 Fair share - Any present or future employee who is not a Union member shall be required fo contribute a fair shaze fee for services rendered by the Union. Upon notification by the Union, the Employer shall check off said fee from the eamings of the employee and iransmit the same to tke Union. In no instance shall the required contribution eacceed a pro rata shaze of the specific expenses incurred for services rendered by ttxe representative in relationship to negotiation and administration of grievance procedure� This provision shall remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. 33 The Union will indemnify, defend and hold the Employer harmless against any claims made and against any suits instituted against the City, its officers or employees, by reason of negligence of the Union in requesting or receiving deductions under this Article. The City will indemnify, defend and hold the iJNION hazmless 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 making or forwarding deductions under this Article. ARTICLE 4 - iJPTION RIGHTS 4.1 The Union may designate employees within the bazgaining unit to serve as Union Stewazds and shall be required to administer this Agreement. 4.2 The Union shall furnish the Employer and appropriate Department Heads and Labor Relations Director with a list of Stewazds and alternates, and shall, as soon as possible, notify said appropriate City officials in writing of any changes thereto. Only those who are Officers and Stewards shall be recognized by the Employer for the purpose of ineetings. • 2 • 05-4'79 ARTICLE 4 - U1�TION RIGHTS (Continued) 43 There shall be no deduction from the pay of a Stewazd when directiy involved in meetings with management relating to the administration of this Agreement during working hours. 4.4 Designated Union Representatives shall be pezmitted to visit employees on job sites and at department buildings during worldng hours for the purpose of the administration of this contract. 4.5 Shop Steward - One shop stewazd from each department will be allowed to accompany an employee's authorized representative during regulaz working hours for the purpose of wage, salary, or fringe benefit discussions or other problems of their particulaz conceru involving employees of the City of St. Paul under the following conditions: 1) 2) 3) 4) � LJ That only one employee from any one department be allowed to leave his/her work. That the stewazd be expecfed to attend these meetings on his/her own time when they are held outside of his/tier regulaz working hours. That adequate notice is given to the department heads so that pernussion may be obtained. That the stewazd has officially been designated as such by the Union that he/she represents. 5) Union Conventions - Duly elected Union delegates shall be granted time off without pay for one week to attend such convention. Vacation or compensatory time may be used for this putpose. The Union shall give at least ten working days advance notice ofthe employees who will be participating in such conventions. ARTICLE 5 - SENIORITY 5.1 5.2 FXc? Seniority, for the purpose of this Agreement, shali be defined as follows: The length of continuous, regulaz and probationary service with the Employer from the date an employee was first appointed to a class title covered by this Agreement, it being further understood that seniority is confined to the current class assignment held by an employee. In cases where two or more employees are appointed to the same class title on the same date, the seniority shall be determiued by the employee's rank on the eligible list from which certification was made. Seniority shall terminate when an employee retires, resigns, or is discharged and to employees who transfer to ISD #625. Civil Service Rule 8.A3 and Civil Service Rule 14 shall not apply to applicants and employees who transfer from ISD #625. In the event it is detenniued by the Employer that it is necessary to reduce the work force, employees will be laid off by class title within each deparhnent based on inverse length of seniority as defined above. 5.4 In cases where there aze promotional series, such as Custodian Engineer I, II, III, etc., when the number of employees in the higher titles is to be reduced, employees who have held lower titles in the bazgaining unit � will be offered reductions to the highest title to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. b5-�79 ARTICLE 5 - SEivIORITY (Continued) 5.5 Recall from layoff shall be in inverse order of layof� except that recall righYs shall expire after two yeazs of layoff. 5.6 It is understood that such employees will pick up their former seniority date in any class of positions tha• they previously held. ARTLCLE 6 - MANAGEMENT RIGHTS 6.1 The Union recognizes the right of the Employet to operate and manage its affaus in all respects in accordance with applicable laws and regulations of appropriate autiiorities. The rights and authority which the Employer has not officially abridged, delegated, or modified by this Agreement are retained by tfie Employer. 6.2 A public Employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but aze not limited to, such areas of discretion of policy as the functions and programs of the Employer, its overall budget, utilization of technology, and organizational structure and selection and ditection and number of personnel. ARTICLE 7- HOURS, PREMIUM PAY 7.1 Hours of Employment - The normal work day and the normal work week sha1l be 8 consecutive hours in any 24-hour period and 40 hours in any 7-day period. (For employees on a shift basis, this shall be construed to mean an average of forty hours a week.) The normal work week shall consist of 5 consecutive normai work days. Within the Division of Libraries, the normal work week shall consist � 5 consecutive normal work days followed by two (2) consecutive days off. 7.2 CaIl-in-Pay - When an employee is called to work he/she shall receive iwo hours pay if not put to work. If an employee is called to work and commences work, he/she shall be guaranteed four s�aight time hours pay, or one and one-haif (1.5) times the employee's normal hourly rate for the actual n�ber of hours worked, whichever is greater. These provisions, however, sha11 not be effective wfien work is unable to proceed because of adverse weather conditions; nor shall these provisions apply to temporary or emergency employees nor to employees employed under any of the titles listed in Section 3.M of the Civil Service Rules under the heading "3pecial Employments"; nor fo any person whose regular scheduled workday is less tlian four hours. 73 Overtime - Time on the payroll in �cess of the normal hours set fortfi above shaIl be "overtime work" and shall be done only by tlte order of the head of the deparhnent. An Employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half'basis for such overtime work. The basis on which such overtime shall be paid shaTl be determined by the employee provided there is money in the budget. In the Division of Libraries, overtime which is scheduled overtime shall be paid at the discretion of the Employer; overtime which is unscheduled sha11 be at the choice of the employee provided there is money in the budget. The overtime rate of one and one-half shall be computed on the basis of i/80th of the bi-weekly rate. . n ARTICLE 7- HOITR.S, PRENIILTM PAY (Continued) �� � �� 7.4 Premium Pay - To any employee who works on a regulazly assigned shift beginuing earlier than 6 a.m. or ending later than 6 p.m., provided that at least five hours of the shift are worked between the hours of 6 • p.m. and 6 a.m., there shall be paid a night differentiai for the entire shift. To any employee who works on a regulazly assigned shift, begiuning eazlier than 6 a.m. or ending later than 6 p.m., but less than five houLS of the shift aze worked between the.hours of 6 p.m. and 6 a.m., there cha71 be paid a night differential for the hours worked between the houts of 6 p.m. and 6 am. Notwithstanding Section III A of the Saint Paul Salary Plan and Rates of Compensation, employees working at the VTater Utility's Filtration Plant and who aze regularly assigned to a shift which begins at 2:30 p.m. shall be eligible for the night differential as stated in Section III A for the entire shift. 7.5 The night differentiat shall be 5% of the base rate, and shall be paid only for those night shifts actually worked; provided, however, that the provisions of this subsection shall not apply to employees holding titles listed in Section II of the Saint Paul Salary Plan and Rates of Compensation under the heading "Special Employments" in this bazgaining unit. 7.6 A premium pay of twenty-five (25) cents per hour shall be paid for all swing stage work, such as any work performed from a boatswain's chair or a swing scaffold, fifty (50) feet or more above the ground. All standazd safety laws shall be complied with. 7.7 Notwithstanding Article 7.1, employees may, through mutual agreement with the Employer, work schedttles other than schedules limited by the normal work day and work week as set forth in Article 7.1. � Overtime compensation for employees worldng under such agreements shall be subject to the provisions, for same, as set forth by the Fair Labor Staudards Act. 7.8 For employees who wish to share a position, the Employer will attempt to provide options for implementing a sharing arrangement. Such an arrangement must be mutually agreed upon by the Employer and the employees involved. Vacarion, holiday, and sick leave benefits for employees who share a posiiion shall be pro-rated based upon the percent of hours worked. Health insurance benefits shall be administered in accordance with the provisions of Article IS (Insurance) of this Agreement. In the event that one of the employees garticipating in the shazed position is terxninated or ternunates employment, the Employer shall post the job sharing vacancy for a period of ten (10) days. If, at the end of ten (10) days, such vacancy cannot be filled, the Employer shail have the option of increasing the remaining employee's work hours. 7.9 Articles 7.7, and 7.8 shall not be subject to the provisions of Article 14 (Discipline/Grievance Procedure) of this Agreement. ARTICLE 8 - SICK LEAVE 81 Sick Leave - Sick leave shall accumulate at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumulation is unlimited. To be eligible for sick leave employees must report to their supervisor no later than one-half hour past their regulaz scheduled starting � time. The granting of sick leave shall be subject to the terms and provisions of Resolution No. 3250 of the City of Saint Paul. Effective 1-1-2007, members of the bargaining unit shail accumulate sick leave at a rate of .0539 of a working hour for each full hour on the payroil, excluding overtime. ARTICLE 8 - SICK LEAVE(Continued) � ��� 8.2 Sick Leave For Employee - Any employee who has accumulated sick Ieave credits as provided above in 8.1 shall be granted leave with pay for absences due to illness or injury of the employee, for such period of time as the employee's supervisor deems necessary. Employee may be granted leave with pay for suc� time as is actually necessary for office visits to a doctor, dentist, optometrist, etc. 83 Use of Sick Leave For Employee Child - An employee may use sick leave for absences due to aa illness of the employee's child £or such reasonable periods as the employee's attendance with the child maq be necessary, on the same tem�s the employee is able to use sick leave for his or her own illness. 8.4 Use of Sick Leave for Parent/Household Member - In the case of a serious xllness or disability of an employee's child, parent, or household member, the head of the deparfinent shall grant leave with pay in order for the empioyee to care for or make arrangements for the caze of such sick or disabled persons. Such paid leave shall be drawn from the employees accumulated sick leave credits. Use of such sick lea�e shall be limited to 40 hours per incident. ARTICLE 9- LEAVE OF ABSENCE 9.1 Leave of Absence - After three montFi`s employment, an employee may make application for a Ieave of absence not to exceed one year. A leave of absence shall be granted on the basis established in the Civil Service Rules (Itesolution No. 3250). 9.2 Military L,eave - Any employee who engages in active service in time of war or other emergency declared by proper authority of any of the military or naval forces of the state or of the United States for which leave is not otherwise allowed by law shall be entitled to leave of absence from employment • wifhout pay during such service with right of reinstatement and subj ect to such conditions as aze imposed by law. Military leave shall conform to Minnesota Stafutes, Section 192, as amended from time to time and shall confer no additional benefits other than those granted by said statute. 9.2(1) Pay Allowance - Any employee who shall be a member of the National Guazd, the Naval Militia or any other component of the militia of the state, now or hereafter organized or constituted under state or federal law, or who shall be a member of the Officer's Reserve Corps, the Enlisted Reserve Coxps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the United States, now or hereafter organized or constituted under Federal law, shall be entitled to leave of absence from employment without loss of pay, seniority status, efficiency rating vacation, sick leave or other benefits for all the time when such employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, provided that such leave shall not exceed a total of fifteen (15) days in any calendar yeaz and, fiuther provided that such leave shall be allowed only in case the required military or naval service is satisfactorily performed, which shall be presumed unless the contrary is established. Such leave sha11 not be allowed unless the employee: (1) rehtrns to his/her posifion immediately upon being relieved from such military or na�al service and not later than the expirarion of time herein Iimited for such leave, or (Z) is prevented from so returning by physical or mental disability or other cause not due to such employee's own fault, or (3) is required by proper authority to continue in such military or naval service beyond the time herein limited for such • leave. ARTICLE 9- LEAVE OF ABSEI�TCE (Continued) 1s ' • 93 Jury Duty - Employees who aze required to appeaz in court as jtuors or witnesses shall be paid their • regular pay while they aze so engaged, provided however, that any fees that employees may receive from the court for such service shall be paid to the Employer and be deposited with the Director of Finance and Management Services. Any employee who is scheduled to work a shift, other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as helshe is required to appeaz in court as a juror or witness. 9.4 Matemity and Pazental L.eave - Pregnant employees of the City of Saint Paul shall be eligible for the use of paid sick leave and unpaid leave of absence in the same manner as any other disabled or ill City employee. Such paid sick leave eligibility shall begin upon certification by the employee's attending physician that the employee is disabled in terms of her ability to perform the duties of her position. A twelve (12) month Parental leaue of absence without pay shall be granted to a natural pazent or an adoptive parent, who requests such leaue in conjunction v✓ith the birth or adoption of a child. Such leave may be extended an additional twelve (12) months by mutual agreement between the employee and the Employer. Re£usal on the part of the Employer to grant an extension of such leave shall not be subject to the provisions of Articlel4 of this Agreement. Employees who return following such leaves of absence shall be placed in a position of equivalent salary and tenure as the one held just prior to the beginuing of their leave. 9.5 School Leave - An employee shall be granted up to a total of sixteen (16) hours during a school year to attend school conferences or classroom activiiies related to the employee's child, provided the • conferences or classroom activities cannot be rescheduled during non-work hours. If the need for the leave is foreseeable, the employee must provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operation of the Employer. An employee shall be allowed to use vacarion or compensatory time for this leave; otherwise this leave shall be without pay. 9.6 Funeral Leave - Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, shall be granted such leave to attend the funeral of the employee's grandparent or grandchild and as much time as the Employer deems necessary for the death of the employee's mother, father, spouse, child, brother, sister, mother-in-law, father-in-law or other person who is a member of the household. ARTICLE 10 - SEVERANCE PAY 10.1 General. The Employer shall provide a severance pay plan as set forth in this Article. The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. This severance pay program shall be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control. � 7 05-�� 4 ARTICLE 10 - SEVERANCE PAY (Continued) 10.2 Eligibility: Effective 7anuary 1, 2004, an employee must meet the following requirements to receive a benefit under this plan. • (1) The employee must be voluntarily sepazated from City employment or have been subject to sepazafion by layoff or compulsory retirement. Those employees who aze discharged for cause, misconduct, inefficiency, incompetence, or any other disciplinary reason aze not eligible for the city severance pay program. For the purpose of this severance program, a death of an employee shail be considered as sepazation of empioyment and if the employee would have met all of the requirements set forth at the time of luslher death, payment of the severance pay shall be made to the employee's estate or spouse. For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School Disttict No. 625 employment is considered a separation of employment, and such transferee shall be eligible for the City severance program. For the puipose of this Article, service requirements for severance eligibility will not include yeazs of service with School District #625 for employees hired by the City or transferred to the City after December 31; 1998. (2) The employee must file a waiver of re-employment with the fIuman Resources D'uector, which will cleazly indicate that by requesting severance pay, the employee waives a11 claims to reinstatement or re-employment (of any type), with the City. (3) The employee must have a minimum of 12 years of service and 600 hours of sick leave credits at the time of his/her separation of service from the City. (4) If an employee requests severance pay and if the employee meets the eligibility requirements se� forth above, he or she will be granted severance pay as shown below. Minimum 12 yeazs of service and accrued sick leave credits of 600 700 800 900 IOOa 1100 1200 1300 1400 1500 1600 1700 Severance $4,000 $5,000 $6,000 $7,000 $8,000 $9,000 $10,000 $I1,000 $12,000 $13,000 $I4,000 $15,000 10.3 For any emptoyee who is eligible to receive severance from the City under flus Arficle, the City will contdbute 105% of the full amount of their severance payment to a post-employment health plan in lieu of any cash payment to the employee. � 05-�`�9 ARTICLE 11- CITY MII�EAGE i l.l Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, . as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 11.2 Method of Computation: To be eli�ble for such reimbursement, all officers and employees must receive written authorization from the Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actuatly used in perfornung the duties of the employee's position. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is auailable for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. Type 2. If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile . actually driven. If such employee is required to drive an automobile during employment and the department head or designated representarive deternunes that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and sha11 not be eligible for any per diem. 113 The City will provide parking at a location and manner of the employer's choice within a reasonable distance of the work site for City empioyees on either of the above menrioned types of reimbursement pians who aze required to ha�e their personal car auailable for City business. Such pazking will be provided only for the days the employee is required to have his or her own personai car available. 11.4 Rules and Regulafions: The Mayox shall adopt rules and regulations governing the procedures far automobile reunbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthiy affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts ofnot less than $100,000/$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. � �"'J-�l� ARTICLE 12 - RESIDENCY 12.1 The Residency Resolution effective August 4, 1979, in Council File No. 273378 shall apply to all • employees covered by this Agreement. ARTICLE 13 - WORHING OUT OF CLASSIF'ICATTON 13.1 Employer shall auoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any employee worlang an out-of-class assignment for a period in excess of fi$een (15) consecutive working days shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteentli (16th) day of such assigiment. For the purpose of this Article, an out-of-ciass 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 assigiment shall be the same rate the employee would receive if such employee received a regulaz appointment to the higher classification. ARTICLE 14 - DISCIPLINE/GRIEVANCE 14.1 The Employer wili discipline employees for just cause only. Discipline will be in the form of: (1) Oral reprimand; (2) Written reprimand; (3) Suspension; (4) Reduction; (5) Discharge . 14.2 A notice in writing of Suspensions, Reductions and Dischazges shall be sent to the employee and the nni seventy-two (72) hours after such action is taken. � 14.3 Employees and the Uniott will receive copies of written reprimands and notices of suspension and dischazge. 14.4 Employees may examine all information in the Employer personnel file thaT concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the Employer. 14.5 . Dischazges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or Union may request, and shall be entifled to a meeting with the Employer representative who initiated the suspension with intent to dischazge. During said five (5) day period, the Employer may affirm the suspension and dischazge or may modify, or withdraw same. 14.6 An employee to be questioned conceruing an investigation or disciplinary action shall have the right to request that a Union representative be present. 14.7 The Employer shall recognize Stewazds 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 Stewuds and of their successors when so named. 10 05 �`19 ARTICLE 14 - DISCIPLINE/GRIEVANCE (Continued) � 14.8 It is recognized and accepted by the Employer and tiie Union that the processing of gtievances as hereinafrer provided is limited by the j ob duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during worldng hours, provided, the Stewazd and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 14.9 The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alieged violation of the terms and conditions of ttris Agreement. It is understood that issues not related to terms and conditions of employment (for example: topics listed in Civil Service Rule 26 III A,B,C - perFormance reviews, exanunations and classification) shall continue to be processed in accordance with the grievance procedure outlined in the Civil Service Rules. - Grievances shall be resolved in conformance with the following procedure: 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 shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within fourteen (14) calendar . days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had laiowledge of the first occurrence of the event gving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendaz days after receiving the written grievance a designated Employer supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendaz days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 3. Within seven (7) calendaz days following receipt of a grievance referred $om 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) calendaz days following this meeting the Employer shall reply in writing to the Union stating the Employer's answer concetning 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) calendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the � response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The azbitration proceedings shall be conducted by an azbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. Ifil 0�=�7 p ARTICLE 14 - DISCIPLINE/GRIEVANCE (Continued) If the pazties fail to mutually agree upon an azbitrator within the said seven (� day period, either party � may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union sha11 ha�e the right to strike two (2) names from the panel. The Union shall strike the first (ist) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the azbitrator. 14.10 The azbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The azbitrator sha11 consider and decide only the specific issue submitted in writing by the Employer and the Union and shall ha�e 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 application of laws, rules or regutations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichevez be later, uniess the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the e�cpress terms of tlus Agreement and to the facts of the grievance presented. The decision of the azbitrator shall be final and binding on the Employer, the Union, and the employees. 14.11 The fees and expenses 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 proceedings, it may cause such a record to be made, providing it pays for the record. • 14.12 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. ARTTCLE 15- INSURANCE Active Employee Insurance 15.1 The insurance plans, premiums for coverage and benefits contained in the insurance plans offered by the Employer shall be solely controlled by the contracts negotiated by the Employer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by the benefit providers. However, the employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. 15.2 For the purpose of this Article, full-time employment is defined as appearing on the payroll an auerage of at least 32 hours per week for the twelve (12) month period preceding the annual open enrollment or special enrollments, or for the six (6) month period preceding initial enrollment. Three-quarter time employment is defined as appearing on the payroll an average of at least 26 hours per week, but less than 32 hours per week, for the twelve (12) month period preceding the annuat open enrollment or special enrollments, or for the sis (6) month period preceding initial enrollment. . 12 �-��� ARTICLE 15 - INSURANCE (Continued) Ha1f-time employment is defined as appearing on the payroll at least 20 hours per week, but less than 26 � hours per week, for the iwelve (12) month period preceding the annual open enrollment or special enrollments, or for the six (6) month period preceding the initial enrollment. 153 For each eligible employee covered by this Agreement who is employed half-time and who selects employee health insurance coverage, the Employer agrees to contribute fifty percent (50%) of the amount contributed for full-time employees selecting employee coverage in the same insurance plan. For eack half=time employee who selects family health insurance coverage, the Employer agrees to contribute fifty percent (50%) of the amount contributed for full-time employees selecting family health insurance coverage in the same insurance plan. For each eligible employee covered by this Agreement who is employed three-quarter time and who selects employee health insurance coverage, the EMPLOYER agrees to contribute seventy-five (75%) of the amount contributed for full-time employees selecting employee coverage. For each three-quarter time employee who selects family health insurance coverage, the Empioyer agrees to conhibute seventy- five percent (75%) of the amount contributed for full-time employees selecting family health insurance coverage. 15.4 Effective for the 7anuary, 2005 insurance premiums, for each eligible employee covered by this agreement who is employed fu11-time and who selects single employee health insurance coverage provided by the Employer, the Employer agrees to contribute the 2004 single insurance contribution per month plus an amount equal to 70 % of the average increase to the single premium of all plans,for 2005 � [$44.23]. Employees pazticipating in either of the two low-cost plans shall receive, for 2005 only, an additional $15.22 per month toward the cost of the two low-cost plans, or the full cost of the two plans, whichever is less. Fbr each eligible fiill-time employee who selects family health insurance coverage, the Employer will contribute an amount equal to 70% of the average premium of a11 plans per month, plus for 2005 an additional $ lO.Od per month [Total is $772.58]. 15.5 Effective for the January, 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 contribute an amount equal to the 2005 single insurance contribution per month plus an amount equal to 70 % of the average increase to the single insurance 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 low cost plans, or the cost of the two low cost plans, whichever is less. For each eligible full-time employee who selects family health insurance coverage, the Employer will contribute an amount equal to 70°/a of the average premiuxn of all plans. 15.5(1)Effective for the January, 2007 insurance premiums, for each eligible employee covered by this agreement who is employed full-iime and who selects employee health insurance coverage provided by the Employer, the Employer agrees to contribute the amount of the 2006 single contribution per rnonth • plus 70% of the average increase to the single premium of all plans for 2007. For 2007 only, the Employer agrees to provide an additional $833 per month for employees who select either of the two low cost plans or the cost of the two low cost plans, whichever is less. 13 r�s-��q ARTICLE 15 - INSURANCE (Continued) For each eligible full-time employee who selects family health insurance coverage, the Employer will contribute 70% of the average premium of all plans per month. � In addition, the Employer wiIl contribute the cost for $20,000 life insurance until the retiree attains the age of 65. 15.6 Notwithstanding Article 15.3, eligible employees covered by this Agreement and employed half-time prior to January 1, 1986, shall receive the same insurance conhibutions as a full-time employee. This Article, 15.6, applies only to eligible employees who were employed half-time during the month of December, 1985, and shall continue to apply only as long as such employee remanvs continuously employed half-time. Retiree Insurance 15.7 Employees who retire must meet fhe following conditions at the time of retirement in order to be eligible for the Employer contributions, listed in Sections 15.8 ttuough 15.11 below, toward a health insutance plan offerefl by the Employer: (1) Be receiving benefits from a public employee retirement act at the time of retirement, and (2) Aave severed his/her relationship with the City of Saint Paul for reasons other than misconduct, and (3) Have completed at least 20 years with the CiTy of St. Paul or 15 years if receiving a disability • pension. (4) Service requirements for retiree health insurance eligibility will not include yeazs of service with School Dishict #625 for employees hired by the City, or transferred to the City, after December 31, 1998. (5) Additional dependants beyond those of record at the time of retirement may not be added to the retiree's health insurance plan at City expense after retirement. � Early Retiree 15.8 This Section shall apply to full time employees who: (1) Retire on or after January 1, 1996, and (2) Were appointed on or before December 31, 1995, and (3) Have not attained age 65 at retirement, and (4) Meet the terms set forth in Section 15.7 above, and (5) Select a health insurance plan offered by the Employer Until such employees reach sixty-five (65) years of age, the Employer agrees that for retirees setecting single coverage, the Employer will provide the same contribution as is provided for active employees • selecting single coverage under this agreement. T7us amount, however, shall not exceed $350.00 per month. 14 05-4 �► 9 ARTICLE 15 - INSURANCE (Continued) For employees selecting family health insurance coverage, the Employer will contribute $350 per month � toward 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 refiree attains age 65, the provisions of Section 15.10 shall apply. 15.9 This Section shall apply to full time employees who: (1) �2) (3) (4) (5) Retire on or after 7anuary 1, 1996, and Were appointed on or after January 1, 1996, and Aave not attained age 65 at retirement, and Meet the conditions set forth in Section 15.7 above, and Select a health insurance plan offered by the Employer. Until such retirees reach s�ty-five (65) years of age, the Employer agrees to contribute a ma�cimum of $300.00 per month toward the cost of single or family health insurance coverage. Any unused portion sha11 not be paid to the retiree. When such early retiree attains age 65, the provisions of Section 15.11 shall apply. Regular Retirees (Age 65 and over) 15.10 This Section shall apply to fuil time employees who: (1) Retire on or after January i, 1996, and . (2) Were appointed on or before December 31, 1995, and (3) Have attained age 65 at retirement, and (4) Meet the terms set forth in Section 15.7 above, and {5) Select a health insurance plan offered by the Employer The Employer agrees to contribute a masimum of $350.00 per month toward the premium for single or family health insurance coverage offered by the Employer to regulaz retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Section shall also apply to eazly retirees who retired under the provisions of Section 15.8 when such early retirees attain age 65. 15.11 This Secrion shall apply to full time employees who: • (1) Retire on or after January 1, 1996, and (2) Were appointed on or after 7anuary 1, 1996, and (3) Have attained age 65 at retirement, and (4) Meet the terms set forth in Sections 15.7 above, and (5) Select a health insurance plan offered by the Employer The Employer agrees to contribute a maximum of $300.00 per month towazd the cost of single or faxnily health insurance coverage offered to regulaz retirees and their dependents. Any unused portion shall not be paid to the retiree. This Section shall also apply to early retirees who retired under the provisions of Section 15.9 when such early retirees attain age 65. 15 O� ��q ARTICLE 15 - INSURANCE (Continued) 15.12 If an employee does not meet the condition of Section 15.7(3), but does satisfy the conditions in 15.7(1) and (2), he/she may purchase single or family health insurance coverage through the Employer's � insurance progam. The total cost of such insurance coverage shall be paid by the retiree. 15.13 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's health insurance program. 15.14 For each eligible employee the Employer agrees to conhibute the cost $20,000 of life insurance coverage. 15.15 Any cost of any premium for any City offered empioyee or family insurance coverage in excess of the dollaz amounts stated in this Article shall be paid by the employee. I S.I6 T'he Employer wi11 provide a system whereby the employee's contaibution towazd fhe premiums for flie employee's selected health insurance coverages can be paid on a pre-tax basis. Employees covered by the Agreement will be eligible to participate in the Flexible Spending Account as offered by the Employer. The service fee chazged to participating employees shall be paid by the Employer. 15.17 Empioyees covered by this Agreement shall be eligible to puticipate in the Dependent Care Reimbursement Account offered by the Employer. The service fee charged to participating employees shall be paid by the Employer. 15.18 The contributions indicated in this Article shall be paid to the Employer's Third Party Administrator. . Survivor Insnrance 15.19 The surviving spouse of an employee cazrying family coverage at the time of his/her death due to a job connected injury or illness which was determined to have arisen out of and in the course of his/her employment under worker's compensation law shall continue to be eligible for city contribution in the same proportions as is provided for retired employees In the event of the death of an eazly retiree or a regulaz retiree, the dependents of the retiree shall have the option, within thirty (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the premium and Employer conhibution accorded to the eligible deceased retiree. It is further understood that coverage shall cease in the event of: (1) Subsequent remarriage of the surviving spouse of the deceased employee or retiree. (2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. • 16 �-��� ARTICLE 16 - HOLIDAYS 16.1 A Holiday recogniz�d and observed. The foIlowing days shall be recognized and observed as paid holidays: � New Years Day - January 1 Mattin Luther King Day - 3rd Monday of 7anuary Presidents' Day - 3rd Monday of February Memorial Day - The last Monday of May Independence Day - 7uly 4 Labor Day - ist Monday of September Veterans' Day - November l I Thanksgiving Day - 4th Thursday of November The Day After Thanksgiving Christmas Day - December 25 Eligible employees shall receive pay for each of tha holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above sha11 fall on Sunday, the succeeding Monday shall be observed as the holiday. [As clarification, floating holidays were included in the vacation accrual schedule 1/1/02] For those employees assigned to a work week other than Monday tlirough Friday, the holiday shall be observed on the calendar date of the holiday. .16.2 Eligibility Requirements In order to be eligible for a holiday with pay, an empioyee must be employed as of the date of the holiday and have paid hours on the payroll for that pay period. The aznount of holiday tnne earned shall be based upon the number of non-holiday hours paid during that pay period. ( See proration charts in Salary Plan and Rates of Compensation) For purposes of this section only, non- holiday hours paid include hours actually worked, vacation time, compensatory time, paid leave and sick leave. In neither case shall the holiday be counted as a working day for the purposes of tlus section. It is further understood that neither temporary, exnergency nor other employees not heretofore eligible shall receive holiday pay. 16.3 If an employee antitled to a holiday is required to work on Martin Luther King Day, Presidents' Day, Veterans' Day or the Day after Thanksgiving he/she shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the depaztment permits, or he/she shall be paid on a straight time basis for such hours worked, in addition to his/her regular holiday pay. Employees assigned to a twelve (12) hour shift shall haue holiday overtime using a twelve (12) hour value. . If an employee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Cluistmas Day, he/she shall be recompensed for work done on this day by being granted compensatory time on a time and one haif basis or by being paid on a time and one-half basis £or such hours worked, in addition to his/her regular holiday pay. Employees assigned to a twelve (12) hour sluft shall have holiday overtime using a twelve (12) hour value. 17 o5-y�,�' ARTICLE 1 - VACATION 17.1 V acation credits shall accumulate at the rates shown below each full hour on the payroll, excluding overtime. Hours of Vacation .0462 (12 days) .0692 (18 days) .0807 (21 days) .0962 (25 days) .1077 (28 days) Years of Service lst yeaz thru 4th year Sth yeazthru 9th year l Oth yeaz thru 15th yeaz 16th yeaz thru 23rd year 24th yeaz and thereafter 17.2 The head of the deparfinent may permit an employee to cany over into the "vacation year" up to one-hundred twenty (120) hours of vacation. For the purpose of this article the "vacation year" sha11 be the fiscal yeaz (IItS payroll reporting year). A 17.3 The above provisions of vacation shall be subject to the Saint Paul Salary Pian and Rates of Compensation, Section I, Sub. H, unless the contract provisions directly conflict with the Salary Plan. In such cases, the language of the contract shall supercede/replace the conflicting language of the Salary Plan. 17.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he/she may convert any part of such excess of vacation at the rate of one-half day's vacation for each day of sick leave credit. � The maximum number of days' vacation allowed by the conversion of sick leave credits shall be no more than five days in any one "vacation year". 17.5 For purposes of this article qualifying yeazs of service shall be determined based on calendar yeazs of service. This shall apply to both part-time and full time employees. ARTICLE 18 - WAGE SCHEDULE 18.1 The wage schedule for purposes of this contract shall be Appendi�c A attached hereto. The basic hourly wage rates in Appendix A reflect the following increases: 2005 Effective 01/01/05 2006 Effective Ol/07/06 2007 Effective Ol/06/07 0.00°/a (closest pay period) 2.50% (closest pay period) 2.50% (closest pay period) Retroactive pay adjustments shall apply to all active employees of the batgaining unit on the date of signing of the agreement except those who haue been terminated for cause. ARTICLE 19 - STRiI�S, LOCKOUTS, WORK INTERFERENCE 19.1 The Union and the Employer agree that there shall be no strikes, work stoppages, slow-downs, sit- • downs, stay-ins, or other concerted interference with the Employer's business or affairs by said Union and/or the members thereof, and there shall be no bannering during the existence of this Agreement without first using all possible means of peaceful settlement of any controversy which may arise. 18 ARTICLE 20 - NON-DISCRIMINATION � 7 � 20.1 The terms and conditions of this Agreement will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, or because of � membership or non-membership in the Union. 20.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 21- SAFETY SHOES/UNIFORMS 21.1 The Employer agrees to pay $75.00 per year towazd a safety shoe allowance for an employee who is a member of this unit. The contribution shall be made as a cash payment to be placed on the paycheck. For 2005 only, employees with an accumulated safety shoe balance as of 12/31/04, shall be allowed to utilize this balance on a reimbursemerit basis only. Any remaining balance as of 12/31/2005 shall be forfeited by the employee. This reimbursement shall be made only after investigation and approval by the immediate supervisor of that employee. The Employer contribution shall apply only to those employees who aze required by the Employer to wear protecrive shoes or boots. 21.2 For the purposes of this section 21.2, it is understood that employees shall only be reimbursed for uniform items that aze qualified as non-taxable and reimbursabie under the Water Utilit}�s uniform policy. Newly hired employees shali receive a one-time reimbursement for uutial uniform items purchased up to $289.00. The Employer agrees to provide a uniform allowance of up to $100 per calendaz yeaz towazd the cost of replacing uniforms for those employees who have participated in the uniform program in the previous yeaz. Employees must provide proof of uniform purchase to be � reimbursed. Employees participating in the program are responsible for care and upkeep of the uniform, must wear the uniform and must retum all reimbursable items to the Water Utility upon ternunarion. 21.3 The City shall furnish uniforms at no cost to employees required to weaz a uniform who work in the Sewer Division of the Public Works Department. The Employer sha11 retain the discrerion to deternune the uniform to be worn. 21.4 The Parks & Recreation Department shall fumish uniforms at no cost to employees in the title of Pazk Security Officer. The Employer shall retain the discretion to determine the uruform to be worn. 21.5 The Police Department shall fiunish uniforms at no cost to employees in the title of *Pazk Ranger and Police Security Ranger. The Employer shall retain the discretion to determine the uniform to be wom. For full-time permanent Police Security Rangers and *Pazk Ranger the Employer agrees to pay $75.00 per calendar yeaz toward the purchase of one pair of boots to a maxiixium benefit of $150.00 should an employee not utilize the benefit during a previous calendar year. 21.6 Except for Water Urility employees choosing not to participate in the uniform program as described in 21.2, all employees working in any City Deparhnent who aze provided a uniform shall wear such specified uniform. . 19 US ly ARTICLE 22 — DEFERRED COMPENSATION 22.1 Effective 1/1/06, employees with at least one yeaz of service will be eligible for a$200.00 deferred compensation match by the Employer subject to the criteria listed below. This match shall continue during each year of this agreement. � 22.1 Eligibility and implementation: a) For initial match, employees must have been employed for a minimum of one calendaz year. b) Employees must be a member of the bazgaining unit for a minimum of one calendaz yeaz. c) Employees must have made their complete conhibutions by December 31 S ` of the previous calendaz Y�• d) City matches will be made by April 1 of the following year. e) Employees must be on the payroll as of the date of deferred compensation match. fl If an employee takes a leave of absence to serve as a full-time union officiai, time served in such capacity, up to six years, will be counted towazd the years of service reguirement. g) Employees sepazated for cause from the bargaining unit are specifically excluded from the Employer match. ARTICLE 23 - TERMS OF AGREEMENT 23.1 Complete Agreement and Waiver of Bargaining - This Agreement shall represent the complete Agreement between the Union and the Employer. The parties aclmowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opporhmity to make requests and proposals with respect to any subj ect or matter not removed by law from the area of collective bargaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity aze set forth in this Agreement. Therefore, the Employer and the • Union, for the life of this Agreement, each voluntarily and unqualifiediy waives the right, and each agrees that the other shall not be obligated to bazgain collectively with respect to any subj ect or matter referred to or covered in tlus Agreement. 23.2 Savings Clause - This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Saint Paul. In the event any pmvision of this Agreement shall hold to be contrary to law by a court of competent jurisdiction from whose finat jud�ent 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. 233 Terms of Agreement - Except as herein provided, this Agreement shall be effective as of the date it is executed by the parties and shall coafinue in fizll force and effect tkru the 31 st day of December, 2007, and thereafter until modified or amended by mutual agreement of the parties. Either pariy desiring to amend, or modify this Agreement sha11 notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1984. In witness thereof the parties have caused this Agreement to be executed this day of April, 2005. 23.4 This constitutes a tentative Agreement between the parties wluch will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City, the City Council, and is also• subj ect to ratification by the Union. 20 ARTICLE 23- TERMS OF AGREEMENT (Continued) WITNESSES: � TTY OF SAINT PAUL � ��� ames VoLlmer Date HR Specialist S� o.� on Schmidt ate Labor Relations Manager � �� 05���9 TJNION OF OPERATING �I, 3d�( . 70 Business Manager Date � � � (( b�p`� Presi nt /�,,� /� Date �G7.��'/�'- s���^�� s��ojo5 Recording Secretary Date ���-�---� .�l�v/os Business Representative Date ll�G�r. � / � � a5 Negotiat�ommittee Date � f����. ��lfl�,�� Negotiating Committee Date ��-y'�/J/ J� l�—OS Negotiating Committee Date �� �%/�a� Negotia ' g Committee Date _� ' � �// Ol Negotiating Committee Date Negotiating Committee Date Negotiating Committee Date Negotiating Committee Date 21 APPENDIX A - VVAGES GRADEOlU � 502 HOUSE CUSTODIAN II A 20 yr �1) �2) 1225/04 14.59 1/7/06 14.95 15.10 1/6/07 1533 15.48 GRADE02U 231 CUSTODIAN A B C D (i) t2) (3) (4) 12/25/04 16.77 17.26 17.54 18.07 1/7/06 17.19 17.69 17.98 18.52 1/6/07 17.62 18.13 18.43 18.98 � 12/25/04 1/7/06 1/6/07 12/25/04 1/7/06 1/6/07 . GRADE03U 131 CUSTODIAN-ENGINEER I 631 CUSTODIAN-ENGINEER I--LIBRARY 632 CUSTODIAN-ENGINEER I--PUB SAFETY A B 20 yr (1) (Z) (3) 19.18 20.03 19.66 20.53 20.68 20.15 21.04 21.19 GRADE 04U 132 CUSTODIAN-ENGINEER II 605 CUSTODIAN-ENGINEER II-LIBRARY 235B WATER PLANT' WORKER A B ZO yr �1) �Z) �3) 19.61 20.71 20.10 21.23 21.38 20.60 21.76 21.91 o� 4��� A-1 APPENDIX A - WAGES (Continued) A B 20 yr �1) �Z) �3) 12/25/04 21.08 22.21 1/7/06 21.61 22.77 22.92 1/6/07 22.15 2333 23.48 GRADE05U 133 CUSTODIAN-ENGINEER III � 056A CUSTODIAN-ENGINEER III--LIBRARY GRADE 06U 585 MAINTENANCE WORKER a5-��� A B ZO yr �1) �2) �3) IZ/ZS/04 Z1.18 22.02 1/7/06 21.71 22.57 22.72 1/6/07 22.25 23.13 23.28 A B 20 yr �1) �2) �3) ll/25/04 20.73 21.59 1/7/06 21.25 22.13 22.28 1/6/07 21.78 22.68 22.83 GRADE07U NOT UTILIZED AT THIS TiIv1E. � A B 20 yr �l) �2) �3) 12/25/04 21.08 21.93 1/7/06 21.61 22.48 22.63 1/6/07 22.15 23.04 23.19 . . 1 1: 515A WAT'ER PLANT OPERATOR I � A-2 APPENDIX A - WAGES (Continued) GRADE 09U � 286A OPERATII�tG ENGINEER . 378 PLJMPING ENGINEER II 602A WATER TREATMENT PLANT OPERATOR II A B 20 yr (1) �Z) (3) 12/25/04 21.97 22.85 1/7/06 22.52 23.42 23.57 1/6/07 23.08 24.01 24.16 A B 20 yr (1) �2) �3) 12/Z5/04 22.94 23.77 1/7/06 23.51 24.36 24.51 i/6/07 24.10 24.97 25.12 � A B 20 yr �1) �2) �3) 12/25/04 22.59 23.46 1/7/06 23.15 24.05 24.20 1/6/07 23.73 24.65 24.80 A B 20 yr �1) �Z) �3) 12/25/04 23.85 24.82 1/7/06 24.45 25.44 25.59 1/6/07 25.06 26.08 26.23 � GRADE l0U 420. SEWER PUMPING STATION OPERATOR GRADE 11U 624A CHEMICAL FEED SYSTEM REPAIRER GRADEiZU 281 PUMPING ENGINEER III �-y �� A-3 APPENDIX A - WAGES (Continued) ��-��� GRADEI3A 12/25/04 1/7/06 1/6/07 NOT UTILIZED AT THIS TIME A B C D E F 10-yc 15-yr. (1) (2) (3) (4) (5) (6) {7) (8) 1130.26 1176.03 1218.18 1264.00 1313.29 1367.81 1395.88 1431.09 1158.52 1205.43 1248.63 1295.60 1346.12 1402.01 1430.78 1466.87 1187.48 1235.57 1279.85 1327.99 1379.78 1437.06 1466.55 1503.54 GRADEI3M 234 CUSTODIAN (LIGH'I' DUTY) A B C D E F 10-yc 15-yc ( (Z) (3) (4) (5? (6) (7) ($) 12/Z5/04 918.14 948.71 97931 1011.11 1046.82 1082.43 1105.42 1129.55 1/7/06 941.09 972.431003.79 103639 1072.99 1109.49 1133.06 1157.79 1/6/07 964.62 996.741028.89 1062.30 1099.82 1137.23 1161.38 1186.73 GRADEI3U 670 WATER PLANT AIDE A B 20 yr �1) � � 12/l5/04 19.19 20.07 1/7/06 19.67 20.57 20.72 1/6/07 20.16 21.09 21.24 GRADEISU NOT UT'ILIZED AT THIS TIME A B 20 yr �1) �2) �3) 12/25/04 20.68 21.81 1/7/06 21.20 2236 22.51 1/6/07 21.73 22.91 23.06 GRADEI6U 464 SUPERVISING STATIONARY ENGINEER A B 20 yr (I) (2) (3) 12�L5/04 21.81 22.66 1/7/06 22.36 23.23 23.38 1/6/07 22.91 23.81 23.96 � U � � G�� APPENDIX A - WAGES (Continued) GRADE 017 � 12/25/04 i/7106 1/6/07 NOT UTILIZED AT THIS T[ME A B C D E F 10-yr. 15-yr. (1) (2) (3) (4) (5) (6) (7) (8) 982.82 1019.00 1056.55 I096.88 1140.01 1185.94 1216.54 124435 100739 1044.48 1082.96 1124.30 1168.51 1215.59 1246.95 1275.46 1032.58 1070.59 1110.04 1152.41 1197.72 1245.98 1278.13 130735 GRADEI7A 519 SECURITYOFFICER-WATERUTILITY 228B SECURITY/SAFETY OFFICER-LIBRARY 12/25/04 i/7/06 1/6/07 A B (1) (Z) 1188.64 1226.99 121836 1257.66 1248.81 1289.11 C D E (3) (4) (5) 1266.77 1309.57 1355.74 1298.44 134231 1389.63 1330.90 1375.87 1424.3 7 GRADE 17U F 10-yr. 15-yr. (6) (7) (8) 1407.06 1442.50 1474.60 1442.24 1478.56 1511.47 1478.29 1515.53 1549.25 806 TRAINEE(CUSTObIAN ENGINEER) � A B 20 yr �1) �Z) �3) 12/25/04 10.34 10.67 1/7/Q6 10.60 20.94 ll.09 1/6/07 10.86 11.21 1136 GRADE 18U 188A CUSTODIAL WORKER 12/25/04 1/7/06 i/6/07 A B C D (1) (2) (3) (4) 14.93 15.38 15.70 16.24 1530 15.76 16.09 16.65 I5.69 16.16 16.49 17.06 GRADE 20U 216A BUILDING MAINTENANCE ENGINEER � 12/25/04 1/7/06 1/6/07 A (1) 22.05 22.60 23.17 20 yr - {2) 22.75 2332 A-5 05-�� 9 APPENDIX A - WAGES (Continued) �5--��z9 GRADE 21U 656A PARK SECURITY OFFICER 12/ZS/04 1[7/06 i/6/07 A B C D (1) (2) (3) (4) 10.04 10.64 11.Z5 I2.09 10.29 10.91 11.53 12.39 10.55 11.18 11.82 12.70 GRADE 22U 117B POLICE SECURITY RANGER 12/25/04 1/7/06 1/6/07 Stazt 6 mo. 1-yr. 2-yr. 3-yr. 4-yr. 5-yr. (i) (Z) (3) (4) (5) (6) (7) 10.04 11.65 12.09 12.70 13.30 13.76 14.66 10.29 11.94 12 39 13.02 13.63 14.10 15.03 10.55 12.24 12.70 13.34 13.97 14.46 15.40 � Personnel hired for employment with the City after the date of the signing of this agreement, to a class listed in. ARTTCLE 1 aUove, shall be compensated at the "0 - 6 months" hourly wage rate during their probationacy period. After completion of the probationary period the employee shall be paid at the "after 6 months" hourly wage rate. Employees promoted from any class listed in ARTICI.E 1 above to any class listed in ARTICLE 1 above shall receive the "after 6 months" hourly wage rate. Temporary employees shall be paid the minimum rate indicated in ttris APPENDIX for the classification in which they aze employed. � GQ7