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07-1069Council File # Q7' Q� GreenSheet# 3045597 RESOLUTION 7 CITY �F SAINT PAUL, MINNESOTA Presented by 1 RESOLVED, that the Council ofthe City of Saint Paul hereby approves and ratifies the attached 2 January 1, 2008 through December 31, 2010 Agreement between the City of Saint Paul and the Saint Paul 3 Fire Supervisory Association, International Association ofFirefighters, I.oca13939. � oE Human Resources �� Hams ✓ By. Acting Humau Resources Director Helgen / Appro b ce o' anciai Services I.antry i Montgomery � B� — Th�me ✓ Approved b. City A a oS � BY x�'�������C �'"'� Adopted by Council: Date Adoption Certified by Co ncil Secretary gy, By � Approved y a- Date �� 27 6 By. � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Q� � ���� DepartmerNotflcekounciL• Date In(tlated: � Hu -��R�� ��T-0� Green Sheet NO: 3045597 Corrtact Person & Phone: Jason Schmidf 26 � 3 Doe.Type: RESOLUTIONWI$TRANSAC E-Documerrt Required: Y Document Contact: Sue Wegwesth Cor�tact Phone: 266-6513 � Assign Number For Routiag Order ToWI # of Signature Pages _(Clip AII Locations for Signature) 1. Has this perso�rm ever worked under a wntrac[ for this department? Yes No 2. Has ihis person/firm ever been a city employee? Yes No 3. Does this pewoNfirm possess a skill not nortnalty passessed 6y any cuneM city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet � Resolution approving the attached January I, 2008 through December 31, 2010 Collecrive Batgaining Agreement beriveen the City of Saint Paul and the Saint Paul Fire Supervisory Association, Intemaflonal Assocafion of Firefighters, L.oca13939. iaanons: qpprove �n� or ft Plannirg Commission CIB Committee Civii Service Commission InRiating Problem, lssues, Opportunity (Vllho, What, When, Where, Why): The Collective Bazgaining Agteement with the Saint Paul Fire Supervisory Association, Intemational Association of Firefighters, Local 3939 will expue on December 31, 2007. The City of Saint Paul is required to negoUate with the bargaining units. Advantages If Approved: An agreement reached through good faith bargaining will be in place tluough December 31, 2010. Disadvantages If Approved: None Disadvantages H Not Approved: The Ciry would be required to re-open negotiarions with this bazgaining unit. This would strain relations with the unit. Transaction: Funding Souree: Ff�ancial infarmation: (Explain) CostlRevenue BudgMed: 0 umanRemurces 1 nmanResourca D artmentDirector 2 'uanciat Servires ffice Fioauoal Services 3 ' Attosae 4 a or's Of6ce Ma r/Assistant 5 ounal Ci Conncii 6 i Clerk ' Clerk ActivftyNUmber. • �° �p,,� � � ({, October 25, 2007 2:59 PM Page 1 ��'OV� ATTACHMENT TO THE GREEN SHEET Fire Supervisory Associarion International Associarion of Firefighters Loca13939 Below is a summary of the changes in the collective bargaining agreement between the City of Saint Paul and IAFF Local 3939. Duration: January 1, 2008 - December 31, 2010 WaEes: May 1, 2008 (closest pay period) 3.25% Aprii l, 2009 (closest pay period) 3.25% 7anuary 1, 2010 (closest pay period) 3.25% Effective May 1, 2008 (closest pay period) a 20-year step is created at 3.00% higher than the 15-year step. Uniform Allowance Effective January 1, 2009, uniform allowances will be added to each employee's paycheck in Mazch each yeaz. C�rrent uniform balances will be frozen on December 31, 2008. Health Insurance: The insurance contribution increases follow the Memorandum ofAgreement reached with the vazious bargaining units for 2008-2010. Retiree health insurance is reduced to $100.00 per month for employees hired after December 31, 2007. Vacation• Vacation Sell Back is elnninated, effective January 1, 2010. Overtime• Eliminated contract provision for $97,417 in guaranteed overtnne. Replaced dollaz amount with cost-neutral language allotting eight (8) overtune shifts for each Deputy and District Chief. Added cost-neutral language allowing for a right-0f-first refusal for overtime shifts only when certain conditions aze met. Sick Leave• Sick leave accrual is reduced by sixteen (16) hours, effective 7anuary 1, 2010. Other Lan�uaae Changes: Other language changes were of a housekeeping nature for clarification and cleanup. D��IOCv�1 � JANUARY 1 2008 - DECEMBER 31; 2Q10 AGREEMENT BETWEEN � � �� �� __ � � ..� � THE CI'I`Y OF SAINT PAITL"- � "--� � A1�TD THE PAUL FIRE SIIPERVISORY ASSOGIATION � � � � IN'F�RNATIONAL�A�SOCI�i.TIOl�F �� FIRE�I�HTERS � , � � � , � � � � � � LOCAL 3g�9 : � � � � � ,� � � - � 0�-1 ataq r1 U • 21 Overtime ................................................................................................................ 22 22 Discipline .............................................................................................................. 23 23 Position Openings ................................................................................................. 24 24 City Mileage ..:....................................................................................................... 24 25 Durarion of Agreement ......................................................................................... 25 Appendix ........................................................................................................... Al Appendix B Biweekly Report ................................................................................Bl Appendix C Memoranduxn ofUnderstanding ........................................................Cl Appendix D Memorandum of Agreement ............................................................ D 1 • INDEX ARTICLE TiTLE 1 Purpose .................................................... 2 Defmitions ............................................... 3 Recognition ............................................. 4 Security ................................................... 5 Employer Authority ................................ PAGE ................................................... 1 ................................................... 1 ................................................... 2 ................................................... 3 ................................................... 3 6 Cmevance Procedure ............................................................................................... 3 7 Savings Clause ........................................................................................................ 6 8 Uniform Allowance ................................................................................................. 7 9 Legal Services ......................................................................................................... 7 10 Seniority ..................................................................................................................7 il Cail Back ................................................................................................................. 8 12 Insurance ................................................................................................................. 8 13 Vacation/FIoliday ..................................................................................................12 14 Tour of Duty Holidays .......................................................................................... 14 15 Sick Leave and Parental Leave ............................................................................. 15 16 SeverancePay .......................................................................................................16 17 Wages ....................................................................................................................18 18 Volunteerism and/or Outside Employxnent ........................................................... 18 19 Incapacitation ........................................................................................................ 19 20 Drug and Alcohol Testing ..................................................................................... 19 i o�-la(�� • ARTICLE 1— PURPOSE 1.1 The Employer and the Saint Paul Fire Supezvisory Associarion (SPFSA) agree that the purpose of entering into this Agreement is to: l.l(1) Achieve orderly and peaceful relarions, thereby establishing a system of uninterrupted operations and the highest level of performance that is consistent with the well being of all concerned. 1.1(2) l.l(3) 1.1(4) Establish the full and complete understanding of the parties conceming the terms and conditions of this Agreement. Establish procedures to orderly and peacefully resolve disputes as to the application of interpretation of this Agreement. Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. ARTICLE 2 — DEFINITIONS 2.1 • 2.2 2.3 2.4 2.5 2.6 2.7 • Association: Saint Paui Fire Supervisory Associarion (SPFSA), International Association of Firefighters, Loca13939 Employer: The City of Saint Paul Association Member: A member of Saint Paul Fire Supervisory Association (SPFSA). Employee: A member of the exclusively recognized bargaining unit as certified by the State Bureau of Mediation Services in Case No. 78-PR-1056-A dated August 1, 1978. Vacancy: As detemuned by the department head, a funded position opening in a class specified in Article 3.2. Position: Any specific office, employxnent or job in the Fire Deparhnent in a class specified in Article 3.2. Tour of Duty: A. For a fifty-six (56) hour work week employee: The performance of job duties and acceptance of the responsibilities of a position for a consecutive and uninterrupted twenty-four (24) hour period from 8:00 a.m. on a calendar day to 8:00 a.m. on the following calendar day. B. For a forty (40) hour work week employee: The performance of job duties and acceptance of the responsibilities of a position for a consecutive and uninterrupted eight (8) hour period within a calendaz day. ARTICLE 2 — DEFINITIONS (Continued) C. Notwithstanding B above, employees assigned to a forty (40) hour work week • may, tbrough mutual agreement with the Employer, work schedules other than schedules lixnited by B above. Overtime compensation for employees worlang under such agreements shall be subject to the provisions as set forth by the Fair Labor Standazds Act. 2.8 Department: The fire depariment of the City of Saint Paul as established and amended from time to time pursuant to Section 9A1 of the City Charter. 2.9 Overtime; Work performed by an Employee in excess of the Employee's tour of duty by order of the Employer. 2.10 Overtime Pay: For employees assigned to a fifty-six (56) hour work week, overtime pay, for the purpose of Article 21, will be based on a fifty-six (56) hour work week. For employees assigned to a forry (40) hour work week, oveitime pay, for the purpose of Article 21, will be based on a foriy (40) hour work week. ARTICLE 3 — RECOGiVITION 3.1 The Employer recognizes the SPFSA as the exclusive representative for the purpose of meeting and negotiating the terms and conditions of employment for supervisory Fire Depar�ient personnel. 3.2 7ob classes which are wi.thin the bazgauung unit and covered by this Agreement aze as • follows: Assistant Fire Marshal Chief Fire Investigator Deputy Fire Chief Deputy Training Chief Fire District Chief Fire Dispatch Supervisor Fire Emergency Management & Communications Chief EmergencyMedicat Services Chief Emergency Prepazedness Coordinator Fire Marshal Fire Training Officer 33 In the event the Employer and the Association are unable to agree as to the inclusion or exclusion of a new or modified job position, the issue shall be submitted to the Bureau of Mediation Services for deteimination. � D'1-/0(�� • ARTICLE 4 — SECURITY 4.1 The Employer shall deduct from the wages of Employees who authorize such a deduction in writing an amount necessary to cover monthly Association dues and assessments. Such monies shall be remitted as directed by the Association. 4.2 The Association may designate Employees from the bazgaining unit to act as stewazds and shall inform the Employer in writing of such choice. 43 The Association agrees to indemnify and hold the Employer harmless against any and all clauns, suits, orders or judgments brought or issued against the city as a result of any action taken or not taken by the city under the provisions of tkus article. ARTICLE 5 — EMPLOYER AUTHORITY 5.1 The SPFSA recognizes the prerogatives of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The prerogatives and authority which the Bmployer has not officially abridged, delegated or modified by this Agreement aze retained by the Bmployer. 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 programs of the employer, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. ARTICLE 6 — GRIEVANCE PR�CEDUR� 6.1 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. 6.2 SPFSA REPRESENTATIVES: The Employer will recognize representatives designated by the SPFSA as the grievance representafives of the bargaining unit hauing the duties and responsibilities established by this Article. The SPFSA shall notify the Employer in writing of the names of such SPFSA representatives and of their successors when so designated. 6.3 PROCESSING OF GRIEVANCE: It is recognized and accepted by the SPFSA and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employee and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and the SPFSA shall be allowed a reasonable • amount of time withaut loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the Employee and the SPFSA ARTICLE 6 - GRTEVANCE PROCEDITI2E (Continued) representatives have notified and received the approval of the designated supervisor who # has determiued that such absence is reasonable and would not be detrimental to the work program of the Employer. 6.4 PROCEDURE: Grievances, as defiued by Section 6.1 shall be resolved in conformance with the following procedure: Step i An Employee ciaimiug a violation conceming the interpretaiion or application of the Contract shall within twenty-one (21) calendar days after such alleged violarion has occuned present such grievance to the Employee's supervisor as designaYed by the Employer. The Employer- designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appeated in Step Z sha11 be pIaced in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Contract allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendaz days after the Employer-designated representative's final answer in Step 1. Any grievance nof appeaSed in writing to Step 2 by the SPFSA within ten (10) calendaz days shall be considered waived. Step 2 If appealed, the written grievance shall be presented by the SPFSA, and discussed with the Employer-designated Step 2 representative. The • Emptoyer-designated representative shatl g[ve the SPFSA the Employer's Step 2 answer in writing within ten (10) calendaz days after receipt of such Step 2 grievance: A grievance not resolved in Step 2 may be appealed to Step 3 withiu ten (10) calendar days following the Employer-designated representative's Step 2 answer. Any grievance not appealed in writing to Step 3 by SPFSA within Yen (10) calendar days shall be considered waived. Step 3 If appaaled, the written grievance shall be presented by the SPFSA to, and discussed with the Employer-designated Step 3 representative. The Employer-designaTed representative shall give the SPFSA the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed by the SPFSA to Step 4 withiu ten (10) calendar days fotlowing the Employer- designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the SPFSA within ten (10) calendar days shall be considered waived. � � • ARTICLE 6 — GRiEVANCE PROCEDURE (Continued) Optional iViediation Step b�-fllf�y If the grievance has not been satisfacCorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendar days, request mediation. If the parties agree tllat the grievance is suitable for mediation, the parties sha11 submit a joint request to the Minnesota Bureau of Mediarion Services for the assignment of a mediator. Grievance mediation shall be completed witl�in thuty (30) days of the assignment unless the parties mutually agree to lengthen the time limit. 2. Grievance mediation is an oprional and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance azbitration. 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 opportunity to present the evidence and argument to support their case. The mediator may meet with the parties in joint session or in sepazate 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 arbitrator might rule in this case. 5. The grievant shall be present at the grievance mediation 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 pzecedential. 6. If the grievance is not resolved and is subsequently moved to arbitration, such proceeding shall be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to their positions conceming resolution or offers of setflement may be used or referred to during arbitration. • Step 4 A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Bureau of Mediation Services. ARTICLE 6 - GRIEVANCE PROCEDURE (Continued) 6.5 A.RBITRATOR'S AUTHORITY: The arbitraTor shall have no right to aruend, modify, • nullify, ignore, add to, or subtract from the terms and conditions of the Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the SPFSA, and shail have no authority to make a decision on any other issue not so submitted. 6.6 The azbitrator 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 regulations having the force and effect of Iaw. The arbitrator's decision shalt be submitted in writing witkin tlurty (30) days following the close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. The decision shall be based solely on ffie azbitrator's interpretation or application of the express terms of tlus Agreement and to ffie facts of the grievance presented. 6.7 The fees and expenses for the azbitrators' services and proceedings shall be bome equally by the Employer and tbe SPFSA, provided that each party shall be responsible for compensating its own represenfafives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shazed equally. 6.8 WAIVER: If a grievauce is not presented within tke time lirnits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the • specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's,1ast answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the SPFSA may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit on each step may be extended by muhxal written agreement of the Employer and the SPFSA in each step. 6.9 RECORDS: All docuxnents, communications and records dealing with a grievance shall be filed separately from the personnel files o£ the involved employee(s). ARTICLE 7 — SAVINGS CLAUSE 7.1 This Agreement is subj ect to the laws of the United States, the State of Minnesota and the City of Saint Paui. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdicfion from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided, All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. �J 0 • ARTICLE 8 — UNIFORM ALLOWANCE a -�-���� 8.1 Effective 7anuary 1, 2002, the 2001 uniform allowance of $424.25 shall be increased by the negotiated across the boazd percentage wage increase for 2002. In each succeeding yeaz, the preceding yeazs' uniform allowance shall be increased by the negotiated across the board percentage wage increase. As of 7anuary 1, 2008, the allowance is $505.40. As of January 1, 2009, the allowance is $521.83. As of 7anuary 1, 2010, the allowance is $538.79. 8.2 Effective January 1, 2009, the ciothing allowance will be changed from a rennbursement to a direct payment to members of the bargainiug unit. The clothing allowance will be placed on the check for the first pay day in March for active employees. Empioyees are responsible for reporting for duty in a clean, Department authorized uniform. Employees who fail to do so wili be relieved of duty without pay until such time as they report wearing an acceptable uniform and may be subj ect to discipline. 8.3 Effecrive December 31, 2008, all existing uniform balances shall be frozen. Association members shall have until December 31, 2010 to spend down their balances under the current reimbursement system. ARTICLE 9 — LEGAL SERVICES • 9.1 Except in cases of malfeasance in office or wiliful or wanton neglect of duty, the Employer shall defend, save harmless and indemnify an Employee, and/or his/her estate, against any claun or demand, whethe: groundless or otherwise, arising out of an alleged act or omission occuning in the perforxnance and scope of the Employee's duties. 9.2 Notwithstanding Article 9.1, the employer shall not be responsible £or paying any legal service fee or for providing any legal service arising from any legal action where the employee is the Plaintiff. ARTICLE 10 - SEIVIORITY 10.1 Department Seniority: For the purposes of this Agreement seniority shall be defined as the length of continuous and uninterrupted employxnent in the fire department. 10.2 Loss of Department Senioriry: An Employee will lose acquired department seniority in the following instances: 10.2(1) Resignation 10.2(2) Discharge 10.2(3) Retirement • 103 Work Force Reduction: In the event of a reduction in the deparhnent work force, such reduction shall occur in accordance with Section 22 of the Civil Service Rules as of the date of the si in of this Agreement. 10.4 Reduction in Rank: Reduction in rank shall be in accordance with the Civil Service t Rules as of the date of the signing of this Agreement. Except as indicated below: 10.4(2) Reduction in rank for periods up to but no more than 3Q consecutive calendar days will be by platoon seniority. 10.4(2} Reduction in rank for more than 30 consecufive caIendar days sha11 be in accordance with the Civil Service Rules as of the date of the signing of this Agreement. ARTICLE 11- CALL BACK 11.1 Employees required by the Employer to report for work during off-duty time will be compensated at the overtime rate in accordance with Article 2.10 of this Agreement. The m;n;mum payment under this Article will be four (4} fames the Emptoyee's hourly rate. An eazly report of two (2) hours or less, or an extension of a normally scheduled tour of duty, shall not qualify an Employee for this m;nim� payment. ARTICLE 12 - INSURANCE 12.1 The insurance plans, premiums for coverages, and benefits contained in the insurance plans offered by the Employer shall be solely controlled by the contracts negotiated by • the Employer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by the benefit providers. However, the employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. If in any yeaz fhe nuxnber of plans increases, the increase will be based on the average prexnium. 12.2 Eligibility for full-time benefits is defined as appearing on the payroll an average of at least sixty-four (64) hours per biweekly pay period for the twelve (12) month period preceding the annual open enrollment or special enrollments of the employment period preceding initial eligibility. 123 EffecYive for Yhe January 1, 2008, insurance coverage, the Employer agrees to contribute to eligible employees who select single or family health insurance coverage a contribution as illustrated in Appendix D. 12.4 Effective for the 7anuary 2009, insurance premiums, for each eligible employee covered by this agreement who is employed fuil-time and who selects single or family employee health insurance coverage provided by the Employer, the Employer agrees to contribute a contribution as illustrated in Appendiac D. � ARTICLE 12 — TNSITRANCE (Continued) 0��1 • 12.5 Effective for the 7anuary 2010, insurance premiums, for each eligible employee covered by this agreement who is employed full-time and who selects single or fanuly employee health insurance coverage provided by the Employer, the Employer agrees to contribute a contribution as illustrated in Appendix D. 12.6 Under the cafeteria plan full-time, benefit eligible employees, (i.e. 40hrs/pay period or more) m4ist select at least singie heaith insurance coverage and employee life insurance in an amount of $10,000. The City will contribute the cost of the $10,000 mandatory life insurance. 12.6(1) An employee whose spouse is also employed by the City of St. Paul and is eligible to participate in the city's health insnrance plan will not be required to select the mandatory health insurance coverage as long as one of the spouses is participating in the city's health insurance plan with family coverage. The mandatory life insurance coverage continues to apply. In this event, two hundred twenty five dollazs ($225.D0) per month shall be eligible for payment as unused benefit dollars. • 12.7 Under the cafeteria plan, employees covered by this agreement will be eligible to participate in the Flexible Spending Accounts offered by the Employer. The service fee charged for employees participating in the Dependent Caze Account will be paid by the Employer. The service fee for employees participating in the Medicai Expense Account will be paid by the Employer. �urvivorInsurance 12.8 In the event of the death of an active empioyee, the dependents of the employee shall have the option, within thiriy (30) days, to continue the current hospitalization and medical benefits, including such plan improvements as may be made from time to time, which said dependents previously had, at the premium and Employer contribution applicable to eligible early retirees. The date of death shall be considered to be the date of retirement. In the event of the death of an early retiree or a regular retiree, the dependents, who were dependants of record of the retiree at time of retirement, shall have the option, within thirty (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the premiuxn and Employer contribution accorded to the eligible deceased retiree. In the event of the death of an employee killed in the line of duty, the Employer will contribute 100% of the premium for either single or family health insurance coverage for eligible dependents. An eligible dependent who is not enrolled in the City's health . insurance program at the time of the employee's death will haue an option to enroll at the next annual open enrollment period. • It is understood that such coverage shall cease in the event of: A9 ARTICLE 12 - INSURANCE (Continued) 12.8(1) The subsequent remarriage of the surviving spouse of the deceased employee or retiree. 12.8(2) The exnpioyment of the surviving spouse where hospital insurance coverage is obtainad through a group program provided by said Employer. However, it is fiirther understood that in said event, the surviving spouse shall have the right to maintain City health insutauce coverage for the first ninety (90) days of said employment. • Retiree Insurance 12.9 Employees who retire must meet the following condiiions in order to be eligible for Employer conhibutions listed in Articles 12.9 through 12.15 below towazd a health insurance plan offered by the Employer: 12.9(1) 12.9(2) Be receiving benefits from a public employee retirement act covering employees of the City of Saint Paul at the time of retirement, and Have severed his/her relationship with the City of Saint Paul under one of the retiree plans, and 129(3) Aave completed at least 20 fu11 time years of consecufive service with the City of Saint Paul or be receiving a disability pension from a public employee retirement fund covering employees of the City of Saint Paul, and 12.9(4) Early Retirees Have severed his/her relationship with the City of Saint Paul for reasons other than an involuntary termination for misconduct. 12.10 TYris Articie shall apply to employees who: 12.10(1) Were appointed on or before December 31, 1995, and 12.10(2) Have not attained age 65 at retirement, and 12.10(3) Meet the terms set forth in Article 12.9 above, and 12.10(4) Select a health insurance plan offered by the Employer. Until such retirees reach sixty-five (65) years of age, the Employer agrees to contribute a maximum of $350.00 per month towazd the premium for single or family health insurance coverage. Any unused portion of the Employer's coniribution shall not be paid to the retiree. When such early retiree attains age 65, the provisions of Article 12.13 shall apply. • • u l0A ARTICLE 12 — INSURANCE (Continued) • 12.11 This Article shall appiy to employees who: 12.11(1) Were appointed on or after 7anuary 1, 1996, and 12.11(2) Have not attained age 65 at retuement, and 12.11(3) Meet the texms set forth in Article 12.9 above, and 12.11(4) Select a health insurance plan offered by the Employer. 07� /D(� �I Until such retirees reach sisry-five years (65) of age, the Employer agrees to contribute a masimum of $300.00 per month towazd the cost of single or family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. When such early retiree attains age 65, the provisions of Article 12.14 shall apply, 12.12 This Article shall apply to employees who: 12.12(1) Were appointed on or after December 31, 2007, and 12.12(2) Have not attained age 65 at retirement, and 12.12(3) Meet the terms set forth in Article 12.9 above, and 12.12(4) Select a health insurance plan offered by the Employer. LTntil such retirees reach sixty five yeazs (65) of age, the Employer agrees to contribute a • ma7cimuxn of $100.00 per month toward the cost of single or family health insurance coverage. Any unused portion of the Employer contribution shall not be paid to the retiree. When such eazly retiree attains age 65, the provisions of Article 12.15 shall apply. Regular Retirees (Age 65 and over) 12.13 Tlus Article shall apply to employees who: 12.13(i) Were appointed prior to January 1, 1996, and 12.13(2) Haue attained age 65 at retirement, and 12.13(3) Meet the terxns set forth in Article 12.9 above, and 12.13(4) Select a health insurance plan offered by the Employer. The Employer agrees to conhibute a maximum of $550.00 per month toward tbe premium for single or fanuly health insurance coverage offered to regular retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. • 11 ARTICLE 12 — INSURANCE (Continued) 12.14 This Article shall apply to employees who: 12.14(1) Were appointed on or after January 1,1996, and 12.14(2) Have attained age 65 at retirement, and 12.14(3) Meet the terms set forth in Article 12.9 above, and 12.14(4) Select a health insurance plan offered by the Employer. The Employer agrees to contribute a maximum of $300.00 per month toward the premium for single or family health insurance coverage offered to regulaz retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. 12.15 This Article shall apply to employees who: 12.15(1) Were appointed on or after December 31, 2007, and 12.15(2) Have attaiued age 65 at retirement, and 12.15(3) Meet the terms set forth in Article 12.9 above, and 12.15(4) Select a health insurance plan offered by the Employer. The Employer agrees to contribute a maxixnum of $100.00 per month toward the premium for single or family health insurance coverage offered to regular retirees and their dependents. Any unused portion of the Employer's conhibution shall not be paid to the retiree. 12.16 The conhibutions indicated in this Article 12 shall be paid to the Employer's third pariy adminis�ator or designated representarive. 12.17 A retiree's participation in the City's health insurance plan must be continuous. The retiree must be participating in a City health insurance plan at the time of retirement. If a retiree chooses not to participate at the time of his/her retirement or if a retiree discontinues his/her participation at a later date, such retiree will not be eligible for any future participation or for any Employer contdbution. ARTICLE 13 — VACATION/HOLIDAY 13.1 In each fiscal year, each full-time employee shall be granted vacation according to the foltowing schedule: Yeazs of service lst year thru Sth year 6th year thru 15th yeaz 16th year thru 25th year 26th year and beyond 40 hour Employees 128 hours (16 days) (.0616) 176 hours (22 days) (.0847) 2l 6 hours (27 daysj (.1039) 224 hours (28 days) (.1077) n � �J • E� ARTICLE 13 - VACATION/HOLIDAY (Continued) D��'��G� • For 40 hour employees floating holidays aze included in the vacarion schedule. Designated holidays shall be handled in accordance with tbe Salary Plan and Rates of Compensarion (St. Paul Ordinance No. 6446). For 56 hour employees in each IRS payroll year, each full-time employee shall be granted vacation according to the following schedule: Yeazs of service 56 hour Em�lovees lst year thru Sth yeaz 252 hours (10 shifts 12 hrs)* 6ffi yeaz thru 15th year 308 hours (12 shifts ZO hrs)** 16th year thru 25th yeaz 375.2 hours (15 shifts 15 hrs 12 min)*** 26th year and beyond 386.4 hours (16 shifts 2 hrs 24 min)**** * 4.5 x designated work week ** 5.5 x designated work week *** 6.7 x designated work week **** 6.9 x designated work week For 56 hour employees all floating and designated holidays are included in the vacation schedule. One shift shall be the equivalent of 24 hours. For purposes of tYus Article, qualifying years of service shall be based on an employee's • original employment date with the City. 13.2 The department head may perxnit Employees to carry over into the following fiscal year, vacation time equivalent to three work weeks. Vacation schedules shall be fixed by the department head. An Employee not worldng full-time shall be granted vacation on a pro- rata basis. 133 Employees separated fxom employment by reason ofresignation shall be granted such vacation pay as has been earned and remains unused at the tune of sepazation, provided nofification of resignation has been sent to the department head, in writing, at least fifteen (15) calendar days prior to the date ofresignation. Employees separated from emplcyment by reason of discharge, retirement, ar death shall be granted such vacarion pay as has been eamed and remains unused at the time of separation. Employees granted more vacation time than eazned at the fvne of separafion from employment shall pay the Employer for such uneaxned vacation. Effective November 15, 2006, any member of the bazgaining unit who retires from the City and has accnxed but unused vacation will haue all such time paid out into a Post Employment Health Plan account if the member is eligible for and receives severance under Article 16 of this agreement. Post Employment Health Plan contributions will be made at the time of retu ement. • 13 ARTICLE 13 - VACATION/HOLIDAY (Continued) 13.4 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates • of Compensarion, Section I, Subdivision H, unless the contr�act provisions directly conflict with the Salary Plan. In such cases, the language of the contract shall supersede/replace the conflicting language of the Salary Plan. 13,5 Vacation Sell Back Employees may request compensation in cash for up to two (2) days of unused vacation within each IRS payroll reporting yeaz. Payment will be at the discretion of the Department Head and additionally, limited by the availability of funds in the DepartmenYs Budget. Such election must be made in writing on or before December 1 of each year. If the employee elects to sell vacation, the payment for such sold vacation sha11 be made in a Iump sum in the neazest full payroIl period folIowing the election date. The payment shall be in an amount equal to the number of hours sold times the employee's regulat rate of pay in effect as of the date of such election. Article 13.5 shall not be subject to the provisi6ns of Article 6 of this Agreement. 13.5(1) Involdng the use of sick leave to vacation conversion as provided for in Article 15.4 at any time within the Il2S payroll reporting yeaz will prohibit the use of 13.5 above. 13.5(2) Effective the first pay period of 2010, Vacation Sell Back referenced in Article 13.5, and 13.5(i) shall be eliminated. � ARTICLE 14- TOUR OF DUTY HOLIDAYS 14.1 In each year of this agreement two tour of duty holidays shall be granted. These tour of duty Holidays may, at the option of the employee: (1) Be added to the employee's vacation schedule, or {2) the employee may choose to receive payment at his/her regular rate of pay in lieu of taking time off on the additional tour of duty Holiday provided herein. If the Employer has not received and approved an employee's request for his/her additional tour of day Holiday time off by November 15 of each calendaz year, such employee can only receive payment at the regular rate of pay and can no longer elect to take time off for that calendar year. Such payment shall be made no later than the last regulazly scheduled pay day of that calendar yeaz. 14.2 Eligibility criteria for Tour of Duty Holiday: 14.2(1) Employees must be a member of this bargaining unit as of 7anuary 1 of each year to qualify for the tour of duty holiday named in Article 14.1. • 14 ARTICLE 14 - TOUR OF DUTY HOLIDAY (Continued) O� �/��G� • 14.2(2) Employees who promote from Firefi�ters Union I,oca121 who are eligible for tv✓o tours of duty holidays in Loca121 shall remain eligibie for two tour of duty holidays under this agreement. Employees who promote from Firefighters Union I,ocal 21 who are eligible for one tour of duty holiday shall only receive one tour of duty holiday until the next 7anuary 1 as in 14.2(1). 14.2(3) Employees covered by this agreement shall be eligible for all tour of duty holidays as of 3anuary 1 of each year. 14.2(4) Employees who resign, retire or promote out of the Fire Supervisory Association who have not converted their tour of duty holidays to vacation shall be paid the tour of duty holidays upon their resignation, retirement or promotion. 14.3 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. 14.4 Eligibility for Holiday Pay shall be in accordance with Section I, Subsection H of the Salary Plan and Rates of Compensation Resolurion. 14.5 Effective the last pay period of 20Q5 (December 10, 2005), both Tour of Duty Holidays • aze eliminated. In exchange, the 15-yeaz step for ail classifications sha11 be ancreased by 1.6% at the same time the Tour of Duty Holidays are eliminated. ARTICLE 15 - SICK LEAVE AND PARENTAL LEAVE 15.1 Sick leaue shall be eamed and granted in accoxdance with the Civil Service Rules. Effective January 1, 2005, the sick leave accrual rate is reduced from .0576 of each worldng hour on the payroll, excluding overtime, to .0538 for each hour on the payroll, excluding overtime. Effective the first pay period of 2010, the sick leave accruat rate is reduced from 0.0538 of each worlang hour on the payroll, excluding overtime, to 0.0462 for each hour on the payroll, excluding overtime. The Association and the Employer agree to meet and confer during the term of this contract to discuss sick leave usage by the Association and possible impacts on Severance. 15.2 In the case of a serious illness or disability of an employee's child, pazent or household member, the head of the department shall grant leave with pay in order for the employee to caze for or make arrangements for the care of such sick or disabled persons. Such paid leave shall be drawn from the employee's accumulated sick leave credits. Use of such sick leaue shall be limited to the number of hours designated to be the employee's work week per incident. 15.3 Any employee �rho has accumulated sick leave credits, as provided in the Civil Service • Rules, may be granted one day of sick leave to attend the funeral of the employee's grandpazent or grandchild. 15 ARTICLE 15 - SICK LEAVE AND PARENTA,L LEAVE (Coniinued) 15.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he/she may convert any part of such excess to vacation at the rate of one-half day's vacation for each day of sick lea�e credit. No employee may convert more than ten (10) days of sick leave in each calendaz yeaz under this provision. 15.5 Matemity and Parental Leave. Pregnaat 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 Pazental leave of absence without pay shall be granted to a natural parent or an adoptive parent, who requests such leave in conjunction with the birth or adoption of a child. Such leave may be extended an additional twelve (12) months by mutual agreement between the employee and the Employer. Refusal on the part of the Employer to grant an extension of such leave shall not be subject to the provisions of Article 6 of this Agreement. Employees who retum following such leaves of absence shall be placed in a position of equivalenY saIary and tenure as the one held just prior to the beo nnittg of their leave. ARTICLE 16 — SEVERANCE PAY 16.1 The employer shall provide a severance pay program as set forth in this Articie 16. Employees aze not eligible for severance plans listed in City Ordinance No. 11490. 16.2 To be eligible for the severance pay program, an employee must meet the following requuements: 16.2(1) The employee must be voluntarily sepazated from City employment or have been subject to sepazation by lay-off or compulsory retirement. Those employees who are discharged for canse, iniscoaduct, inefficiency, incompetency, or any othez disciplinary reason are not eligible for the City Severance pay program. 16.2(2) The employee must file a waiver of re-employment with the Human Resources Director, which will cleaziy indicate that by requesting severance pay, the employee waives all claims to reinstatement or re- employment (of any type), with the City or with Independent School Dishict No. 625. 16.2(3) The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the tnne of his/her separation from service. • • � 16 A.RTICLE 16 — SEVERANCE PAY (Continued) 07�10�9 • 163 If an empioyee requests severance pay and if the empioyee meets the eligibility requirements set forth above, he/she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subj ect to a maximum as shown below based on the number of years of service with the City. Yeazs of Service with the City At least 20 21 22 23 24 25 Maximum Severance Pay $ 5,000 6,000 7,000 8,000 9,000 10,000 However, any employee separated from City employment on or after 7anuary 1, 1992 who has an accumulated balance of at least one thousand eight hundred fifty (1,850) hours of sick leave credits and at least twenty-five (25) years of service at the time of his/her separation from service shall be granted severance pay in the amount of thirty thousand dollars ($30,000). An employee with twenty (20) or more years of service who is ruled disabled and is • receiving a disability pension and who has 1850 hours of accuxnulated sick leave shall be allowed the mas'vnum severance benefit of $30,000. The manner of payment of such severance pay shall be made in three consecutive annual payments of ten thousand dollazs ($10,000) each. The annual payments shall be made in February of each yeaz. The first payment shall be made during the month of Februuy in the year following the year in which the employee separates hislher employment. 16.4 For the purpose of this severance program, a death of an employee shall be considered as sepuation of employment, and if the employee would have met all of the requirements set forth above at the time of his/her death, payment of the severance pay may be made to the employee's estate or spouse. 16.5 For the purpose of this severance prograzn, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a sepazation of employment, and such transferee shall not be eligible for the City severance program. 16.6 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 16.7 The manner o£payment of severance in amounts of ten thousand dollars ($10,000) or less • shall be made in accordance with the provisions of City Ordinance No. 11490. 17 ARTICLE 16 - SEVERANCE PAY (Continued) 16.8 For any employee who is eligible to receive severance from the City under this Article, the City will contribute the full amount of their severance payment to a post-employment health plan pnrsuaut to the Memorandum of Understanding between the parties dated March 12, 2003. ARTICLE 17 - WAGES 17.1 The biweekly rates for titles other than Distdct Fire Chief covered by this Agreement shall be adjusted to reflect The percent as shown below of the rates applicable to the title Dishict Fire Chief. TITLE Fire Dispatch Supervisor Assistant Fire Marshal PERCENT of DISTRICT FIlZE CHIEF Emergency Frepazedness Coordinator Fire Emergency Management & CommunicaYions Chief Fire Training Officer Chief Fire Investigator Deputy Fire Cluef Fire Marshal Emergency Medical Services Chief Deputy Trainixig Chief 85.7% 91.3% 92.9% 100.0% 100.0% 100.0% 1083% 1083% 1083% 1083% Such adjustments shall be effective on the first day of the first payroll period of the respective year. 17.2 Any Fire Captain currently receiving the premium as a pazamedic, hazmat or ATR with 12 yeazs of service who is promoted to Fire District Chief or Fire Training Officer shall begin atthe 10 yeaz step. 1�3 The wage schedule for the purpose of this Agreement shall be Appendix B attached hereto. ARTICLE 18 - VOLUNTEERISM AND/OR OUTSIDE EMPLOYMENT As a condition of employment, any position represented by the union as covered in the contract, will be prohibited from membership in any fire department other th� the Saint Paul Department of Fire and Safety Services. In addition, other outside employment related to fire suppression must be approved by the fire chief. � � • m • ARTICLE 19 — INCAPACITATION D�1 '�o�� 19.1 Regulaz, full time employees in the titles listed in Article 3 of this agreement who aze injured during the course of employment and thereby rendered incapable of perfomung job dufies and responsibiliries shall receive full wages during the period of incapacity, not to exceed the period equal to twelve (12) months plus accumulated sick leave. It is understood that in such cases, the twelve (12) month period shall first be utilized and only when same is eachausted shall accumulated sick leave be applicable. 19.2 Regulaz, fixll time employees in the titles listed in Article 3 of this agreement who aze disabled through injury or siclmess other than specified in Secrion 19.1 above shall receive full wages for a period equal to accumulated sick leave, plus six (6) months as provided herein. It is understood that in such cases, accusnulated sick leave shail fust be utilized before the six (6) months, or any part thereof, shall be applicable. It is fiutlier understood that the six (6) month period shall be available to members in this unit only in those yeazs where the last available Annual Report of the City Civil Service Office shall show average sick leave used per member of the Saint Paul Fire Department, (based on the 1972 Annual Report method of calculating same), of eight (8) days or less. Effective December 31, 2005, the City and Union agree that employees covered by tkus collective bargaining agreement are no longer eligible for the off duty benefit contained in this Article 19.2 and as set forth in the City Charter Section 12.10. � 193 Employees injured or incapacitated by illness in the line of duty shall be entitled to reinstatement at any time within five (5) years from the date of injury or incapacity provided they aze physically capable of resuming their job. 19.4 Except as specifically provided in this Article, all illness and incapacity rules and policies previously in effect shall continue. ARTICLE 20 — DRUG AND ALCOHOL TESTING 20.1 Policy: The Fire Department recognizes illegal drug and alcohol usage as a threat to the public welfare and the employees of the department. Thus, the Fire Department will take the necessary steps, including drug and alcohol testing, to eluninate illegal usage. It is the goal of this policy to prevent and rehabilitate rather than terminate the employment of workers who are abusing drugs or alcohol. No member of the Fire Department shall be discharged for illegal drug or alcohol use without first having been offered the opporiunity to discontinue use either through personal choice or by treatment far chemical dependency, if such treahnent is needed. The Union agrees, at the Employer's request, to re-open negoriafions of this Article during the term of this Agreement. 20.2 Infortning Employees about Drug and Alcohol Testing: All employees will be fiilly informed of the Fire DepartmenYs drug testing policy before testing is administered. Employees will be provided with information concerning the impact of the use of drugs • ar aicohol on job performance. Tn addition, the employer shall inform the employees of how the tests are conducted, how well the tests perform, when the tests will be 19 ARTICLE 20 - DRUG AND ALCOHOL TESTING (Continued} conducted, what the tests can detem�ine, and the consequences of testing positive for dnxg or alcohol use. All newly hired employees will be provided with this information on their initial date of hire. No employee shall be tested until this information is provided to lrim/her. 20.3 Employee Testing: No employee will be tested for drug or alcohol abuse unless there exists reasonable suspicion to believe that the employee to be tested is under the influence o£ illegal drugs or alcohol, Random or mass testing is prohibited. No such testing may be conducted without the written approval of the officer in charge of the unit. The officer in charge must document in writing who is to be tested and why tYce testiug was ordered. Failure to follow any of these procedures shall result in the elimination of the test results as if no test had been administered. The test results shall be destroyed and no discipline shall be tevied against the employee. 20.4 Urine collection shall be conducted in a manner wluch results in a legally acceptable sample as well as providing a high degree of security far the sample, freedom from adulteration of the sample, the highest possible accttracy of the clinical results while at the same time preserving the dignity of the employee. Administrative procedures shall be such as to prevent the submission of fraudulent tests. When appropriate, biologic testing of the samples may be included as part of such administrafive procedures. In testing which could result in employee discipline, if the test result is positive, a split sample shall be reserved for independent analysis wluch shall be performed at the request of the affected employee. Upon request, an employee shall be enfitled to the presence of a union representative before testing is aduunistered. 20.5 Testing Procedures: All samples shall be tested for Chemicat Adulteration, Nazcotics, Cannabis, PCP, Cocaiue, Amphetamiues, Alcohol and Sedatives. The testing shall be done by a Selected Laboratory and the following standards shall be used: Drug Testing Standards Alcohol Drug Group • ��.�- .�� .02 concentrarion as shown by an analysis of urine Drug or metabolite detected � ��.�- . � �- - �.��.�- .,. �� Cocaine metabolites Benzoylecgonine Marijuana metabolites delta-9-THC-9-COOfI Opiate metabolites Codeine Total Morphine Initial Test levei ng/ml 1,000 ng/ml 1,000 ng/ml 300 ng/ml 15 ng/ml 300 ng�m1 300 ng/ml � �J • GC/MS Confirmation 500 ng/ml 500 ng/ml I50 ngfml 15 ng/xnl 300 ng/ml 300 ng/ml . 20 n � ARTICLE 20 — DRUG AND ALCOHOL TE5TING (Continued) Phencyclidine Bazbiturates Benzodiazepine metaboIites Methadone Methaqualone PCP Secobazbital Pentobazbital Phenobazbital Butabarbital Oxazepam Methadone Methaqualone 25 ngfml 300 np�ml 1,000 ng/ml 3,000 ng/ml 1,000 ng/ml 11 �: .� 300 ng/ml 300 ngJml D�� Ia�9 25 ng/ml 1,000 ng/ml 1,000 ng/ml 1,000 ng�ml 1,000 ng/ml 300 nglml 300 ng/ml 300 ngJmi Propoxyphene Propoxyphene 300 ngJml 300 ng/mi Norpropoxyphene 300 ng/ml 300 ng/ml Any sample which has been adulterated or is shown to be a substance other than urine shall be reported as such. All samples which test positive on a screening test shall be confirmed by gas chromatography-mass spectrophotometry, and no records of unconfirmed positive tests shali be released or retained by the laboratory. • Testing shall be conducted in a ma:�ner to insure that an employee's legal drug use does not affect the test results. , All results shall be evaluated by a suitably trained occupational physician or occupational nurse prior to being reported. Test results shall be treated with the same confidentiality as other employee medical records. The test results shali not be reported outside the Fire Depaztment. 20.6 Chemical Dependency Program: Each person whose urine tests positive for illicit drugs shall be medically evaluated, counseled and treated forrehabilitation, if required. In addition, at any time an employee may voluntarily enter the chemical dependency prograxn without feaz of disciplinary actions against him. This Program is designated to provide care and treahnent to employees who aze in need of rehabilitation. Details concerning treatment any employee receives at this Program shall remain confid@ntiai and shall not be released to the public. The employee shall be responsible for the cost of treatment. • No employee shall be relieved or transfened to other than his usual duties on the basis of one test result although the employee may be re-evaluated for his duty assignment. When undergoing treatment and evaluation employees shall receive the usual compensation and fringe benefits provided at their assigned position. 21 ARTICLE 20 — DRUG AND ALCOHOL TESTTNG (Continued) 20.7 Right of Appeal: Each employee has the right to chatlenge the results of drug or alcohol • testing in the same manner that he/she may grieve any managerial action. 20.8 Duty Assignment after Treatment: Once an employee successfully completes rehabilitation, he/she shall be retumed to his/her regulaz duty assignment. Employee reassignment during treatment shall be based on each individual's circumstances. If follow-up caze is prescribed after treatment, this may be a condition of employment. Once treatment and any foliow-up caze is compieted, at the end of two yeazs the records of treatment and positive drug or alcohol test resuits shall be retired to a closed medical record. The employee shall be given a fresh start with a clean administrative record. 20.9 Right of Union Participation: At any time, tbe Union, upon request, will have the right to inspect and observe any aspect of the drug and alcohol testing program with the exception of individual test results. The Union may inspect individual test results if the release of this information is autkorized by the employee involved. 20.10 Union Held Harmless: This drug and alcohol testing program is solely initiated at the behest of the employer. The Fire Department shall be solely liable for any legal obligations and costs arising out of the provisions and/or application of this collective bazgaining agreement relating fo drug or alcohol festing. The LTnion shall be held harmless for the violation of any worker rights arising from the administration of the drug or alcohol testing program. 2011 Conflict with Other Laws: This Article is in no way intended to supercede or waive an • employee's federal or state constitutional rights. ARTICLE Zl - OVERTIME 21.1 Employees required to work in excess of tlteir assigned tour of duty will be compensated at the rate of one and one-half (1,5) times the employee's normal rate. Such compensation shall be made in cash or in compensatory time at the option of the Employer. 21.2 The purpose of this section is to effecfively elinuuate three (3) Fire Ilistdct Chief positions, i.e., those positions which have been traditionally lmown as the pool of Fire District Chiefs. Begixuung becember 31, 1997 the employer may assign Fire Captains to perform the duties of Fire District Chiefs only in accordance with subsections 2.1, 2.2, and 23 beIow. • 22 07'I ���I • 21.2(1) A11 Fire Deputy or District Chiefs assigned and available for work on a shi$ aze working as Fire Deputy or District Chief. 21.2(2) The Deparhnent may assign Captains as out-of-title District Chiefs for any absence (5cheduled absence, as used herein, is an absence that will be laiown when a segment schedule is prepazed and distributed for the next, i.e., immediately following segment). However, the out-of-title assignments will not occur until Deputy and Bisixict Chiefs, as a group haue scheduled or eamed, within the calendaz year, eight (8) overtime shifts per person. If a Deputy or Dishict Chief elects not to use all of their allotted overtime days, the remaining days shall be used by other Deputy or District Chiefs. This overtime will be earned by filling Deputy and District Chief scheduled absences. Once the eight (8) overtime shifts per person aze utilized, and a Captain is assigned to work out-of-title as a District Chief, and the assignment of a Captain to work out-o£-title directly results in overtime during that work sluft, no out-of-title assignments shall be made until such assignments aze first offered to members of the Association. The Association shall deteimine the means and process for contacting Association members for such assignments. The selection of personnel for such assignments shall not be subject to Article 6 of this Agreement. 21.2(3) The Association wiil determine the method and be responsible for • distributing the scheduled overtune tours of duty among the Deputy and District Chiefs. This will be done to the satisfaction of the employer that qualified personnel aze filling the positions. ARTICLE 22 - DISCIPLINE 22.1 The Employer may discipline employees in any form listed below: Oral Reprimand Written Reprimand Suspension Demotion The Employer will discipline employees for just cause only and in accordance with the concept ofprogressive discipline. Employees who aze disciplined pursuant to the terms of this Article may appeal the Employer's disciplinary action solely through the grievance procedure set forth in Article 6 of this Agreement. • 23 ARTICLE 23 — POSITION OPENINGS 23.1 To eapedite the filling of vacancies under the ciYil service procedures, the head of the department or designated representative will: Make requisition for certification of eligibles to fill a vacancy within fifteen (15) days after determining that a vacancy exists. Within fifteen (15) days after the department head has met with the certified eligibles, he/she will fill the vacancy. If no eligible list is in effect when a vacancy occurs, the department head shall, within fifteen (15) days, request the Human Resources Director to conduct an examination for the purpose of establishing an eligible list. , Nothiug in this Article 23 shall be construed to eliminate or lessen the Department Head's right to detexmine the number of employees in any class title. ARTICLE 24 — CITY MII.EAGE . 24.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertauiing 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. 24.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. Type 1 If an employee is required to use lus/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 actually used in perfonning the duties of the employee's position. In addition, the employee shall be rennbursed $.20 per mile for each mile acivaily driven. If such employee is required to drive an automobile during employment and the Department Head or designated representative detemvnes that an employer veiucle 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 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. • 24 A.RTICLE 24 - CITY NIILEAGE (Continued) b��lo�5 • If such employee is required to drive an automobile during employment and the department head or designated representative determiues that an employer vehicle is available for the employee's use but the employee desires to use Ius/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. 243 The City will provide pazking at the River Centre Parking Ramp for City employees on either of the above menrioned types of reixnbursement plans who aze required to have their personal car available for City business. Such pazking wili be provided only for the days the employee is required to have his/her own personal car available. Effective January 1, 2007, the above mentioned pians will no longer be in effect. Employees of this bazgaining unit shall be reimbursed at the IRS mileage reimbursement rate in effect. The rate of reunbursement to employees shali be reflective of any changes to the IRS rate. • ARTICLE 25 - DURATION OF AGREEMENT 25.1 Except as herein provided, this Agreement sha11 be effective as of the date the Agreement is executed by the parties, and shall continue in full force and effect through the 31st day of December, 2010, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify this Agreement shall notify the other in, writing so as to comply with the provisions of the Minnesota Public Employment Labor Relarions Act of 1984. Ketroactive pay adjushnents shall apply to all active employees of the bargaining unit on the date of signing of the agreement except those who have been ternunated for cause. 25.2 The wage schedule attached hereto as Appendix "B" shall take force and effect at such time as is specified in the adnunistrative resolution recognizing and approving this Agreement in accordance with Section 12.09 of the Saint Paul City Charter. WITNESSES: CITY OF SAINT PAUL SAINT PAUL FIItE SUPERVISORY � � Labor Relations Manager Date President Date 25 A,PPENDIX A • Regulation "West Point" long sleeve police shirt Regulafion "West Point" short sleeve police shirt Ranking Officer's white uniform shirt, long sleeve, West Point 7500C Ranldng Offlcer's white uniform shirt, short sleeve, West Point 7500C Jersey type long sleeve sweat shirt, navy blue - Wilson 8632 Jersey type 3/4 sleeve sweat shirt, navy blue - Wilson 8632 Fechheimer Bros. navy blue trousers 32200 Fechheimer Bros. navy blue trousers 32250 Jacket - Light weight, waist style Fechheimer 32100 Fur coat - Energy 100FD - Sizes 48 - 50 add 10% - longs add 10% Jacket - California thermal chief - Horace Small Pazka - Navy - Butwin 111 SP Regular sizes 34 - 46 Extra sizes 48, 50, 52, Long • Liners for suinmer uniform fixe fighter jacket - Fechheimer Bros. 32704 Sewing CosCs: No cost when ordered with jacket, othetwise Caps Trooper Cap Chiefs Navy-Stype Midwest-N.W. 8 pt. Midwest-N.W. Belts - leather - biack - 1.5 inch Shoes Socks Wedge style oxford - Red Wing shoe #101 Slip on style oxford - FLOAT-AWAYS #J5347 Slip on style oxford - FLOAT-AWAYS #J5318 Lace style oxford - FLOAT-AWAYS Z5096 Siip on style oxford Weinbrenner 1635 Slip on style oxford Weinbrenner 1435 Lace style oxford T5152 Mocc toe Lace style oxford Weinbrenner 1225 Lace style oxford Weinbrenner 1250 • Munsingwear #40 Munsingwear #415 - stretch style Ties - black, 4-in-hand, or snap-on style D�'l � I�il MEMt3RANDUM �F t7NDE12STANDING BE'�WEEN TF3E CITY UF SAINT FAUL & THE SAINT PAUL FIRE SUPERVIS�RY ASSOCTATI�N LOCAL 3�339 The Cifiy o£ Saint Paui (City) and the SainY Paul �re Snpervisory Associafian {Uoion) agree #a the foIlawing: The Ci#y witl provide a one-time reimbursement t�f up tu S25Q ta each member oi the bargaining unit #'or tiie pnrchase of the new dress aniform. �mployees must have ardered fhe uevr dress unifarm by July lfi, 2005, and be wearing it as per direction af t�e Chief ance reeeived. Emplopees w�o have a3ready purehased a dress ua�ifornn shaEt be eligibie for reimbnrseme�t with appropriate ducnmen#ation o�the pnrchase: This MOiT shail remain in effect unti# July 1G, 2UflB. 'This M(3U shall set no ,precedettt WITPIESSES: i ; a� y�� UiHT01Y ason Sc i#dt Labor Relations Manager DATE• .���' O.5 C i�--� Robert Marriso President DATE: � � L 0 �� n LJ r� L • A-2 • APPENDIX B: BIWEEKLY RATES ��'I� �!J �I Salary ranges applicable to tifles covered by this Agreement shall be as shown below: Grade 041 422A FIILE DISPATCH SUPERVISOR Ol/OS/08 04/26/08 03/28/09 Ol/02/10 Grade 044 031 ASSISTANT FIRE MARSHAL • • 01/05/OS 04/26/08 03/28/09 Ol/02/10 A (1) 2,179.64 2,250.48 2,323.62 2,399.14 A (1) 2,322.05 2,397.52 2,475.44 2,555.89 B C D E F 10-YR � � �d) � � ��) 2,287.30 2,400.37 2,496.17 2,622.46 2,727.68 2,868.06 2,361.64 2,47838 2,57730 2,707.69 2,81633 2,961.27 2,438.39 2,558.93 2,661.06 2,795.69 2,907.86 3,057.51 2,517.64 2,642.10 2,747.54 2,886.55 3,002.37 3,156.88 B �2) 2,436.76 2,515.95 2,597.72 2,682.15 C D E F 10-YR (3) (4) (5) (6) (7) 2,557.22 2,659.29 2,793.84 2,905.93 3,055.43 2,64033 2,745.72 2,884.64 3,000.37 3,154.73 2,726.1A 2,834.96 2,97839 3,09�.88 3,257.26 2,814.74 2,927.10 3,075.19 3,198.56 3,363.12 15-YR � 2,985.25 3,082.27 3,182.44 3,285.87 15-YR � 3,180.31 3,283.67 3,39039 3,500.58 Geade �45 057A EMERGENCY PP�EPAREDNESS COORDINATOR Ol/OS/08 04/26/08 03/28/09 O1/02/10 O1/OS/08 04/26/08 03/28/09 O1/02/10 A (1) 2,362.77 2,439.56 2,518.85 2,600.71 A (1) 2,54334 2,626.00 2,71135 2,799.47 B C D E F 10-YR 15-YR � � � � � ��) � 2,479.43 2,602.04 2,705.88 2,842.80 2,956.89 3,108.99 3,236.06 2,560.01 2,686.61 2,793.82 2,935.19 3,052.99 3,210.03 3,341.23 2,643.21 2,773.92 2,884.62 3,030.58 3,152.21 3,31436 3,449.82 2,729.11 2,864.07 2,97837 3,129.07 3,254.66 3,422.08 3,561.94 Cnade 046 442A CHIEF FIRE IlW ESTIGATOR 150 FIItE DISTRICT CHIEF 271B FIRE EMERGENCY MGMT & COMM CHIEF 691 FIRE TRAINING OFFICER B C D E F 10-YR 15-YR � � � � � ��) � 2,668.95 2,800.90 2,912.73 3,060.09 3,182.86 3,346.59 3,48337 2,755.69 2,891.93 3,00739 3,159.54 3,28630 3,45535 3,596.58 2,845.25 2,985.92 3,105.13 3,262.23 3,393.10 3,567.65 3,713.47 2,937.72 3,082.96 3,206.05 3,368.25 3,50338 3,683.60 3,834.16 20-YR (9) 3,174.74 3,277.92 3,384.45 20-YR (9) 3,382.18 3,492.10 3,605.59 20-YR (9) 3,441.47 3,553.32 3,668.80 20-YR (9) 3,704.48 3,824.88 3,94919 M:�I APPENDIX B: BTWEEKLY RATES (Continued) Grade 049 193A DEPUTY FIltE CFiIEF (LJ) 327A DEPUTY TRAINING C�F (IJ) 193B EMERGENCY MEDICAL SERVICES CfIIEF 186 FIRE MARSHAT, A (1) Ol/OS/08 2,754.44 04l26/08 2,843.96 03/28/09 2,936.39 Ol/02/10 3,031.82 B C D E F 10-YR (2) (3} (4) (5} (� (7} 2,890.46 3,033.37 3,154.44 3,314.06 3,447.00 3,624.36 2,984.40 3,131.95 3,256.96 3,421.77 3,559_03 3,742.15 3,08139 3,233.74 3,362.81 3,532.98 3,674.70 3,863.77 3,181.54 3,338.84 3,472.10 3,647.80 3,794.13 3,989.34 15-YR � 3,772.49 3,895.10 4,021.69 4,15239 20-YR (9) 4,011.95 4,14234 4,276.97 � • • � • APPRENDIX C MEMORANDUNF OF UNDERSTANDING ��'�� � � This Memorandum of Understanding (heteinafrer "MOU'� is made and entered into this � Z�'clay of M� � c �a � 2�03, by and between ihe City of Saint Paui ('nereina8er "City"), and the Saint Faui Fire Supervisory Association of the Intemational Association of Fire Fighters, Local 3939 (hereinafter "FSA"} to modify Article 16 of the 2Q02 - 2003 Collective Barg3fII12Ig Agreement between ihe City and FSA The parties undersiand and agsee to ihe following: I.�Aiticle 16 of the Coliective Bargaining Ageement shati be modified by adding the fallowing: . 7 6.8 For any amployee who is eligible to receive severance from the City under rhis Article, the City wiil coniribute the full amount of their severance payment to a post-empIayment health glan. , �3xis will spply to all FSA meznbers who separate &om serviee with the City after the date of tYus MOU. It is agreed by all pazties to tkus M�U that this modifxcation to Article 16 wiil be �cluded in t6e next ColIective Bargaining Agreement between the City and FSA. • CIT'Y OF S.b.II TT PAUL �� Te altiuet Labor Relations Manager Approved as fo form: � f���-,_.. p John I�cCormick AssSstant Ciry Aitomey � I�ITERNATIONAL ASSOCTATTON OF � FIGHTERS, LL)CA � 3439 r:�� 1�..�.�--. Bob Mosrison Pzesid8nt �».J �� Dave Pleasants Secretary - Treasurer C-1 • • APPENDIX D MEMORANDUM OF AGREEMENT BETWEEN THE CIT`Y OF SAINT PAUL f11�tD The �re Supervisory Association 6 -��/�C��I The City of Saint Paul (hereinafter "Cit�') and the Fire Supervisory Association (hereinafter "Union") agree to the terms of tYris Memorandum of Agreement (hereinafter "MOA") for the purposes o£ establishing the City's contributions rates to health insurance preauums for City employees who are eligible for such conhibutions. 1. Following a required request for proposal, the Labor Management Committee for Health Insurance (hereinafter "LMCHI'� recommended Health Partners to provide health insurance far City employees for 2008-2010. 2. The LMCHI recommended three health insurance plans from Health Partners: Distincfions, Primary Clinic with $500 Deductible, and Open Access with $1,500 Deductible. 3. The City has accepted the LMCHPs recommendarion. 4. The LMCHI's recommendation does not equate to a selection of benefits, the selection of plans to be offered in subsequent years, nor shall in any way be conshued as a form of negotiations. 5. The collecfive bazgaining agreement between the City and Union will expire on December 31, 2007. 6. Since negotiation of a new agreement may not be completed by Open Enrollment in October 2007, the City and Union have entered into this MOA to establish contribution levels for each plan so individual employees can make an informed decision regarding their health insurance. 7. The language of this MOA will be incorporated into the subsequent collective barganung agreement. The City will make the following monthly contributions for health insurance in 200&: a. Open Access with $1,500 Deductible .S1Tlg'le: $427.2,5 } �100 (tobedeposited'manaccountdetercninedbytheLMCHn Family: $1,040.75 b. Primary Clinic with $500 Deductible Single: $525.51 Family: $901.86 a Distinctions • Single: $457.54 Ramily: $901.86 r� 9. The City wiil make the following monthly contributions for health insurance in 2009: a. Open Access with $1,500 Deductible S'1T1�.0: �Q�67.g4 '{- $10� {to be deposited in an account determined by the LMCfiI) Faxnily: $1,120.75 b. Primary Clinic with $500 Deductible Singie: $567.93 Family: $9Z6.86 c. Distinctions Single: $482.54 Family: $926.86 10. The City will make the following monthly conhibutions for health insurance in 2010: a. Open Access with $1,500 Deductible 5121�C: $$12.28 -I' � l�� (to be deposited'm an account determined by the LMCHI) Fautily: $1,214.00 b. Primary Clinic with $500 Deductible Single: $615.10 Family: $951.86 c. Distinctions Single: $507.54 Family: $951.86 11. The City's additional compensation for single coverage employees who select the Open Access with $1,500 Deductible plan may be reduced by $25 per month if a VEBA account is selected by the LMCHI that allows employees to draw upon that money while employed. 12. The Union agrees to waive any and all rights to file a grievance or court action regazding this change in health insurance plans or the aggregate value of the benefits provided by the health insurance plans recommended by the LMCHI for 2008-2010 health insurance. FdR TIiE CiTY: � , L'ry Sc I.abar Itelat�ns Maaager l . 138#e• r'�� %�l � tiIRCQM1t01�^�1MCi�3A06 7out B[ Ne�4M9-'1114'bd� MOA -Firt Supcviwu (�{)���e�:�f�►�� � ..�i� �-- \ Patridc Smith ' President — Fire Supervisary Association Date: � 1 � � • � D-2