06-246Council File #�— �� y
Green Sheet # 3029971 �
RESOLUTION
OF,�AINT PAUL, MINNESOTA
Presented
1 RESOLVED, that the Council ofthe City of Saint Paul hereby approves and rarifies the attached
2 Memorandum of Agreement between the City of Saint Paul and the Professional Employees Association,
3 Inc. to resolve differences in interpretation and application of Article 19 — Crrievance Procedures in the
4 cuaent January 1, 2005 — December 31, 2007 Collective Bazgaining Agreement.
Benanav
Requested by Department of:
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Adopted by CouncIl: Date
Adoption Certi�fi by CouncIl Secretary Form
BY• // ls� ��i9fii _ 0 By.
Approve y a or: Date o� —O�
By.
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HU Human Ruou�ces
Contact Person 8 Phone:
Jason Schmidt
266-6503
Must Be on Council A9en�
ContractType:
RE-RESOLUTION
07-MAR-06
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Assign
Number
For
Routing
Order
Tota� # of SignaW re Pages _{Clip /UI Locations for Signature)
Green Sheet NO: 3029971
0 aman R
1 aman esoarces De arMeut irector
2 i
3 a or's c Ma or/ i ot
4 n '1 "
5 erk � Clerk
Approval of the attached Memorandum of Agreement between the City of Saint Pau] and the Professional Employees Association,
Inc.
iUations: Appm�e (A) or Reject (R):
Planning Commission
CIB Committee
CiHI Service Commission
Personal Service Contracts Must Mswer the Following questions:
1. Has this persoNfirtn e�er worked under a contracl for this department?
Yes No
2. Has this persoNfirtn e�er been a city employee?
Yes No
3. Does this persoNfirtn possess a skill nW nortnally possessed by any
current city employee?
Yes No
ExpWin all yes answers on separate sheetand attach to green sheet
Infiating Problem, issues, Opportunity (Who, What, When, Where, Why):
Misunderstandings regazding the language interpretation of Article 19 - Grievance Procedures in the cusent 2005 - 200�
bargaining agreement.
Advantages NApproved:
Resolve the differences in intecpretation and application of Article 19 - Cttievance Procedures in the cucrent collective bargaining
agreement.
Disadvantages 1f Approved:
None.
DisadvanWges NNOtAPproved:
T1te City and the Union will confinue to disagree on the interpretarion of the current conhact language.
Total Amount of
Transaction:
Funding Source:
Financiai Information:
(Explain)
CosURevenue Budgeted:
Activily Number:
tr �
MAR 0 7 2005
March 7, 2006 11:09 AM Page 1
MEMORANDUM OF AGREEMENT BETWEEN '
THE CITY OF SAINT PAUL ��� Z�I�
AND
THE PROP'ESSIONAL EiVIPLOYEES ASSOCIATION
The City of Saint Paul (hereinafter "Cit�') and Professional Employees Association (hereinafter
"Union") enter into this Memorandum of Agreement (hereinafter "MOA") for ttie purpose of
resolving differences in the interpretation and application of Article 19 - Grievance Procedure in
the parties' collective bargaining a�eement (hereinafter "CBA'�. The parties mutually desire to
reconcile the procedure so as to provide a fair, efficient and unambiguous process of addressing
�ievances without subjecting all alleged Civil Service Rule violations to the grievance
arbitration process while also prohibiting employees from proceeding in more than one forum.
3`herefore, the parties aa ee to the following:
1) The parties agree to strike the existing Article 193 in the 2005-2007 CBA as follows:
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2) In replacement of the stricken Article 193 (above), the parties agree to apply the
following language to the existing contract and its successors, unless mutually
modified through subsequent negotiations:
19.3 DEFINITION OF GRIEVANCE A grievance is defined as a dispute or
disagreement as to the interpretation or application of the specific terms and
conditions of the AGREEMENT
It is specifcally understood that any matters governed by or excluded by the Civil
Service Rules or sfiatutory provisions shall not be considered grievances and
subject to the grievance procedure hereinafter set for-th. However, disciplinary
actions (excluding reprimands) may be appealed to either the Civil Service
Commission or to an arbitrator. If disciplinary action is gr�ieved under the terms
of this contract, the union's S`tep 2 written grievance must state whether the
grievance, if still unresolved after Step 3, will be appealed to the Civil Service
Commission or to an arbitrator.
Nothing in this Article precludes employees from pursuing whatever recourse they
may have under the terms of the yeterans Preference Act.
The remainder of the CBA is
FOR
Labor Relations Manager
Date: _.%���
No precedent i stablished by this MOA.
F R THE ION:�
� � 1 �/l�/I,
David C. Peterson
President, PEA
Date: �- � �- O �