07-1162Council File # b7' ����-
Green Sheet # 3046595
RESOLUTION
CITY�QF SAINT PAUL, MINNESOTA
Presented by
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1 RESOLVED, that the Council ofthe City of Saint Paul hereby approves and ratifies the attached
2 January 1, 2008 through December 31, 2010 Collective Bazgaining Agreement between the City of Saint
3 Paul and AFSCME-Legal, Loca13757.
Benanav
Bostrom
az t of. Human Resources
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Acting
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Services
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Thune
Adopted by Council: Date ���11j' ��7�7
Adoption Cerlified by Council Secretzry
By. � i
Approved b. c Date �L L V
By.
BY ��� ��
Approved M�,�, or for Submission to Council
By.
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
07 a-
HU — H�an Reso�¢ces
ConWet Person & Pho�:
Jason Schmidt
266-6503
Must Be on Councii Agen
Doe.Type: RESOLUl70NW/$7RANSAC
E-0oeumertt Required: Y
Document Contact: Sue WegvrerUi
CoMaet PFwne: 2666573
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Assign
Namber
For
Routing
Order
TMaI ft of Signature Pages _(Clip All Lowtions for Signature)
Green Sheet NO: 3046595
0 oman Resoarces
1 amanResonrces D aitmeutDi'eRor
2 inanda] Services ce PSnapaal Serriers . � q �
3 ' Attarne _. ��"-1 .
4 ar's 0t5ce Ma orfAssistant
5 oaodl Ci Connal
6 i Clerk Ci Clerk
Resolution approving the attached January 1, 2008 through December 31, 2010 Collective Bazgaining Agreement between the City
of Saint Paul and AFSCME - Legal, Local 3757.
�tlations: Approve (A) or rc
Planning Commission
CB Committee
Civil Service Commission
1. Has this persoNfirtn everworketl under a contract forthis department?
Yes No
2, Has this perso�rtn ever been a city employee?
Yes No
3. Does this persoNfirm possess a skill not normaiy possessed by arry
curtent ciry employee?
Yes No
Facplain all yes answers on separate sheet and aKach to green sheet
InkiaNng Problem, issues, Opportunity (Who, What, When, Where, Why):
The Collective Bazgaining Agreement with AFSCME-Legal, Local 3757 will expire on December 31, 2007. The City of Saint Paul is
required to negotiate with the bargaining unit.
Advantages If Approved:
An agreement reached through good faith bazgaining will be in place through December 31, 2010.
DlsadvanWges If Approved:
None.
Disadvantages If Not Approved:
The City would be required to re-open negotiations with this bazgaining unit This would strain relations and could result in an
azbihation settlement.
Financiai Irrformation:
(Explain)
Transadion:
Funding Souroe:
CosURevenue BudgMed:
Activity Number:
I
November 21, 2007 138 PM
Page 1
D�-i1l�a-
A1°I'ACHMENT TO THE GREEN SHEET
AFSCME Local 3757 - LEGAL
Below is a summary ofthe changes in the collective barganung agreement between the City of
Saint Paul and AFSCME L,oca13757 - LegaL
Duration: January 1, 2008 - December 31, 2010
Wa es: May l, 2008 (closest pay period) 3.25%
April l, 2009 (closest pay period) 3.25%
January 1, 2010 (closest pay period) 3.25%
Eliminate 10-yeaz $500.00 service payment for Attorney job classification.
Health Insurance•
The insurance contribution increases follow the Memorandum ofABreement reached with the
various bargaining units for 2008-2010.
Vacarion•
New language allowing employees to cash out vacation hours in excess ofone hundred twenty
(120) hours, subject to the discretion ofthe City Attorney, and subject to the DepartmenYs
budget.
Probation•
Implement eighteen month probation for new employees.
Deferred Comuensation:
Increase the City's matching contribution from $200.00 to $275.00 per yeaz.
Other LanEUa¢e ChanEes:
Other language changes were of a housekeeping nature for clarification and cleanup.
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07-IJ(� ,-
�.� JANUARY 1, 2008 - DECEMBER 31, 2010 �
COLLECTIVE BARGAINIIVG AGREEMENT
� , � � �- BETWEE�i � � , .
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TI3� �ITY O� SAINT PAIJL:
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�. �_ . � � AESC1kIE LOCAL 3757= LEG�L� � � _� � " - � � _ _ .
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INDEX
67�1 /lo a--
ARTICLE TITLE PAGE
Preamble........................................................................................................... ii
1 Recognition ......................................................................................................1
2 Severance Pay ...................................................................................................1
3 Management Rights ..........................................................................................4
4 Assignment of Work/Filing of Vacancies ..........................................................5
5 Residence .........................................................................................................7
6 Check Off .........................................................................................................7
7 Discipline .........................................................................................................8
8 Strikes, Lockouts, Work Interference ...............................................................8
9 Grievance Procedure .........................................................................................8
10 Wages/Merit Pay ............................................................................................ i l
11 Savings Clause ................................................................................................12
• 12 Insurance ........................................................................................................13
13 Vacation .........................................................................................................18
14 Holidays .........................................................................................................18
15 Leaves ofAbsence ..........................................................................................19
16 Non - Disr ......................................................................................21
17 Legal Services/Fees ........................................................................................21.
18 Seniority .........................................................................................................21
19 CityMileage ...................................................................................................22
20 Deferred Compensation ..................................................................................22
22 Probation ........................................................................................................23
23 Duration and Effective Date ............................................................................23
Appendiz A Salary Ranges ...................................................... A-1
Append'uc B Compensatory Tnne ............................................... B-1
Appendix C Merit Pay System .................................................. C-1
Appendix D Labor Management ............................................... D-1
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PREAMBLE
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This Agreement entered 'mto between the City of Saint Pau1, hereinafter referred to as
either the "Employer" or the "Cit}�', and the A.F.S.C.M.E. Loca13757-Legal hereinafter referred
to as the Union, for the purpose of fostering and promoting harmonious relations between the
City and the Union in order that a high level of public service can be provided to the citizens of
the City.
This Agreement attexnpts to accomplish this purpose by providing a fuller and more
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compiete understanding on the part of both the City and the Union of their respective rights and
responsibilities.
The provisions ofthis Agreement shall not abrogate the rights and/or duties ofthe
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Employer, the Union, or the employees as established under the pmvisions of the Public
Employee Labor Relations Act of 1984, as amended.
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• ARTICLE I - RECOGrTITION 6 �� // � �
1.1 The City recognizes the Union as the exclusive representative for AFSCME Loca13757-
Legal, as certified by the State of Minnesota Bureau of Mediation Services, dated 7uly
29, 1998, Case No.77 PCL-48. This unit above consists of attorneys employed in the
City who serve in the following job classifications:
Associate Attomey
Attorney
Senior Attomey
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1.2 Employees employed in the above class titles and assigned to confidential and/or
supervisory positions are not included in this Agreement.
1.3 It is recognized that temporary employees are within the unit covered by this Agreement
if they work for more than 67 days per calendaz year or aze anticipated upon hire to be
employed greater than 67 days, and meet the hours requirements of Minnesota Statutes
179A.03, subd. 14. A temporary employee, for purposes ofthis contract, is a person
employed to fill a position of a specific limited duration, not to exceed one yeaz.
Temporary employees shall not be eligible for vacation accrual, holiday pay, sick leave
accrual, heaith or other insurance premium contnbutions by the Employer, except as aze
specifically provided for elsewhere in this Agreernent.
ARTICL� 2 - SEVERANCE PAY
2.1 General. The Employer shall provide three (3) severance pay plans as set forth in this
Article. The manner of payxnent of such severance pay shall be made in accordance with
the provisions of City Ordinance No. 11490. Severance pay program(s) 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 ofthis article shall control.
2.2 Eligibility. Any employee hired on or before December 31, 1983, may upon meeting the
qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance
No. 16303, section 1, section 6, draw severance pay under the tern�s of any ofthe three
severance plans described in this article. Any employee hired after December 31, 1983,
but on or before October 29, 1988 is eligible to participate only in Plan 2 or Plan 3 as set
forth in this article. Any employee hired after October 29, 1988 is eligible to participate
only in Plan 3 as set forth in tkris article. The election by the employee to draw severance
pay under one of the plans for which he/she is eligible shall be made at the time of
sepazation from service. Such election shall be irrevocable and the election of one of the
plans shall bar the employee from eligibility to receive benefits under any of the other
severance plans.
2.3 Plan 1. Plan 1 is the severance pay plan described in Ordinance No. 11490, as amended
by Ordinance No. 16303.
ARTICLE 2 — SEVERANCE PAY (Conrinued)
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Plan 2. In addition to the eligbility requirements set forth above in 2.2, an employee
must meet the following requirements to receive a benefit under Plan 2:
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2.4(1) The employee must be 58 years of age or older or must be eligble for pension
under the `�ute of 90" provisions ofthe Public Employees Retirement
Association (PERA). The `4vle of 85" or the `4�zle of 90" criteria shall aLso
apply to employees covered by a public pension plan other than PERA.
2.4(2) The employee must be votuntazily sepazated from City employment or have
been subject to sepazation by layoffor compuisory retirement. Those
employees who aze discharged for cause, misconduct, inefficiency,
incompetency, or any ofl�er disciplinary reason are not eligible for the City
severance pay program.
For the pur�wse of this severance program, a death of an employee shall be
considered as sepazation ofemployment, and ifthe employee would have met
all of the requirements set forth above, at the time of his/her death, payment of
the severance pay will be made to the employee's estate or spouse.
For the pucpose of this severance prograzn, a transfer from the City of Saint Paul
employment to Independent School District No. 625 empioyment is not
considered a separation of employment, and such transferee shalT not be eligble
for the City severance ptogram.
2.5
2.4(3) T'he empioyee must have at least ten (10) years of consecutive service under the
classified or unclassified Civil Service at the time of separation. For the
purpose of this Article, employment in either the City or in the Independent
School District No. 625 may be used in meeting this ten (10) yeaz service
requirement.
2.4(4) The employee must file a waiver of reemployment with the Director of Human
Resources, which will cleariy indicate that by requesting severance pay, the
employee waives all claims to reinstatement or reemployment (of any type),
with the City or with Independent School District No. 625.
2.4(5) The employee must have accumulated a minimum of sixty (60) days of sick
leave credits at the time of his/her sepazation from service.
2.4(6) If an employee requests severance pay and if the employee 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 subject to a
maximum of $6,500.
Plan 3. In addition to the eligibility requirements set forth above in 2.2, an employee
must meet the following requirements to receive a benefit under Plan 3:
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ARTICLE 2 — SEVERANCE PAY (Continued)
2.5(3) The employee must have an accumulated balance of at least eighty (80) days of
sick leave credits at the time of his/her sepazation from service.
• 2.5(1) The employee must be voluntarily sepazated from City employment or have
been subject to sepazation by layoff or compulsory retirement. Those
employees who are discharged for cause, misconduct, inefficiency,
incompetency, or any other disciplinary reason are not eligible for the City
severance pay program.
For the purpose of this severance prograzn, a death of an employee shall be
considered as separation of employment, and if the employee would have met
all o f the requirements set forth above, at the time of his/her death, payment of
the severance pay shall be made to the employee's estate or spouse.
For the purpose of tivis severance program, a transfer from the City of Saint Paul
employment to Independent School District No. 625 employment is not
considered a separation of employment, and such transferee shall not be eligible
for the City severance program.
2.5(2) The employee must $le a waiver of reemployment with the Human Resources
Director, which will clearly indicate that by requesting severance pay, the
employee waives all clanns to reinstatement or reemployment (of any type),
with the City or with Independent School Dishict No. 625.
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2.5(4) If an employee requests severance pay and if the employee 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 empioyee
on the date of separation for each day of accnxed sick leave subject to a
maximum as shown below based on the number ofyears of service in the City:
Yeazs of Service with the City
At Least 20
21
22
23
24
25
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Maximum Severance Pay
$5,000
$6,000
$7,000
$8,000
$9,000
$10,000
2.6 Plan 4. Effective December 1, 2007 an employee must meet the following requirements
to receive a benefit under plan 4.
2.6(1) The employee must be voluntarily sepazated from the City employxnent or have
been subject to separation by layoff or compulsory retirement. Those
employees who are discharged for cause, misconduct, inefficiency, in-
competency, or any other disciplinary reason aze not eligible for the city
severance pay program.
ARTICLE 2 — SEVERA,NCE PAY (Continued)
2.6(2) The employee must file a waiver of re-employment with the Human Resources •
Director, which will cleazly indicate thai by requesting severance pay, the
employee waives all claims to reinstatement or re-employment (of any type)
with the City.
2.6(3) The empioyee must have a minimum of 12 yeazs of service and 600 hours of
sick leave credits at the time of lvs/her sepazation of service from the City.
2.6(4) If an employee requests severance pay and if the empioyee meets the eligbility
requirements set forth above, he or she will be granted severance pay in the
amounts shown below:
Accumulated Sick
Leave
600
700
800
900
1000
1100
1200
1300
1400
2500
1600
1700
Severance
$4,000
$5,000
$6,000
$7,000
$8,000
$9,000
$10,000
$11,000
$12,000
$13,000
$14,000
$15,000
2.6(5) For the purpose ofthis severance program, the death of an employee shall be
considered as separation of employment and ifthe employee would have met all
of the requirements set forth above, (at the time of his/her death), payment of
the severance pay shall be made to the employee's spouse or estate.
2.7 Medical Retirement Acwunt (PEHP): Any employee entitled to severance pay as set
forth in the articles above shall receive such pay into a medical retirement account. Such
account shall only be made up of severance benefits and shall not be funded with unused
vacation. The MOU signed Tuly 8, 2003 is no longer in effect.
ARTICLE 3 — MANAGEMENT RIGHTS
3.1 The Union recognizes the right ofthe Employer to operate and manage its affairs in all
respects in accordance with applicable laws and regulations of appropriate authorities.
The rights and authority which the Employer has not officially abridged, delegated, or
modified by this Agreement are retained by the Employer.
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ARTICLE 3 — MANAGEMENT RIGHTS (Continued)
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• 3.2 A public employer is not required to meet and negotiate on matters of inherent
managerial policy, which include, but are not limited to, such azeas of discretion or policy
as the functions and programs ofthe Employer, its overall budget, utilization of
technology, and organizational struchue and selection and direction and number of
personnel.
33 Employees may request in writing that the City Attomey consider a job-shariug
arrangement. The City Attorney shall be free to deny or approve such proposed
arrangements at lus/her sole discretion. If approved, both job-sharing employees must
agree to the arrangement for its implementation. If so appmved and agreed to, vacation,
holiday, and sick leave benefrts for the position shall be pro-rated based upon the hours
each employee is assigned, but in no case may any employee work less than 50 percent
time. Health insurance benefits shall be administered in accordance with Article 12. In
the event that one of the employees is terminated or ternunates employment, the
Employer may with 10 calendaz days notice, increase the remaining employee's work
hours. Should the City Attorney determine that the arrangement does not meet work
needs of the office, he/she may return both employees to full-tnne with 30 calendaz days
notice. No aspect of these arrangements, including the approval or denial, is sub,}ect to
either the grievance or azbitration procedure.
ARTICLE 4— ASSIGNMENT OF WORK/FILLING OF VACANCIES
• 4.1 The City Attorney retains the inherent managerial right to assign work and fill vacancies.
These management decisions are not subject to grievance or azbitration.
4.2 Classification Spec fcations. Each position represented by this bargaining unit shali be
assigned to one of three job classes (Associate Attorney, Attorney, Senior Attorney) as
defined by the advisory class specifications which shall include such information as the
description of the duties normaily associated with the classification, the competencies
normally demonstrated by the incumbents, and the minimum qualifications for the
classification. These ciassification specifications aze subject to modification by the City
Attorney at his/her discretion and are not grievable/arbitrable.
4.3 Tracancy. A vacancy exists when a new position is created, or when an incumbent
transfers or permanently sepazates from a position that is represented by this bargaining
unit. The City Attorney maintains the right to determine when a vacancy exists, the
classification ofthe vacancy, and retains the right to fill the vacancy, reassign the duties
ofthe vacancy among other positions or elimivate the duties ofthe vacancy.
4.4 Notifecarion. The City Attomey or hislher designee, agrees to provide a general
notification to current employees by e-maii or other suitable means of a vacancy which
the City Attorney intends to fill and to permit employees to express interest in the
vacancy. Such notification shall inciude: a description ofthe duties assigned to the
vacant position, the classification of the position, the salary range for the classification,
• the timelines for expressing interest in the position, the selection process and, to the
extent not includerl in the class specification, the minimum and preferred qualifications
for the position.
ARTICLE 4— ASSIGNMENT OF WORK/FILLING OF VACANCIES
(Continued) •
4.5 F�pression of interesG Employees ea�pressing an interest in a vacancy will be given
consideration for the position, and will be provided an interview if they meet the
minimum qualifications listed for the vacant position. The final decision on whether an
employee meets minimum qualifications or is appointed to a vacancy is the City
Attomey's and may not be grieved or arbitrated.
4.6 Unsuccessful candidates. An employee who is not granted an interview, or who is
granted an interview for a vacancy but not selected shall, upon request, be granted a
follow-up meeting to discuss the reasons for non-seleetion.
4.7 Probation. An intemal candidate who is selected to fili a vacancy in a higher
classification shall Serve a pmbarionary period of twelve months in the new job class. If
the employee successfully completes the probationary period, he/she shall be classified
into tfie Iugher class. If he/she does not successfully complete probation, helshe may
rehun to his/her prior job classification.
4.8 Reclass�cation. Nothing in this section 4.8 should be construed to limit the City
Attomey's discretion to reclassify positions at any tune.
4.8.1 Guideline. An emploqee is presumed to be working within the correct
classification ifthe employee's ruinimum qualifications, level ofeicpertise, and
at least fifty percent (50%) ofhis/her regulazly assigned duties aze those •
normally associated with his/her job class.
4.8.2 Petition for reclasszfzcation evaluation. An individual employee or the Union on
behalf of an employee may file a petition for reevaluation of the job class of an
employee who believes in good faith that the employee's level of expertise and
more than fifty percent (50%) of his/her regularly assigned duties are those
commonly attnbuted to a higher classification and that s/he meets the minunum
qualifications for the higher classification. Such a petition may not be filed
within one year of the date a previous petition was filed_and must be submitted
to the Office ofHuman Resources, with a copy to the Ciry Attomey. The
petition for reclassification is considered "filed" with the offce of Human
Resources on the date the employee provides a copy to the Office of Human
Resources and to the City Attomey. The petition is "filed" regardless of whether
the employee's direct supervisor and/or City Attomey have completed any
supplemental portions. When the petition is "filed" it shall be considered fully
completed by the employee_
4.8.3 Evaluation by Human Resources Office. Once a petition for reevahiation has
been filed, the Office of Human Resources shall conduct an evaluation of the
position and issue a written recommendation as to whether reclassification is
appropriate. Whenever possible, the Human Resources Office shall attempt to
complete the evaluation within 90 days ofreceipt of a petition. �
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ARTICLE 4— ASSIGNMENT OF WORK/FILLING OF VACANCIES
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4.8.4 Implementation by City Attorney's Office. Prior to January l, 2002, the
recommendation of the Human Resources Office as to the allocation of a
position shall be advisory to the City Attomey and shall not be binding on the
City Attorney. Effective January 1, 2002, if the Human Resource Office
recommendation is to reclassify the position upwazd, the City Attomey must
either reclassify the position or eliminate from the position those duties that aze
not consistent with the employee's eJCisting classification. The City Attomey's
choice between reclassification or elimination of duties shall not be
grievable/arbitrable. If the decision to reclassify the position leads to a pay
increase for the employee, such pay increase shall become effective the
beginning of the first pay period following the written recommendation by the
Office of Human Resources.
ARTICLE 5 — RESIDENCE
5.1 Employees covered by this Agreement shall have no residency requirements or
restrictions.
ARTICLE 6 — CHECK OFF
• 6.1 The Employer agrees to deduct the Union memberstvp initiation fee assessments and
once each month dues from the pay of those employees who individually request in
writing that such deductions be made. The amounts to be deducted shail be certified to
the Bmployer by a representative of the Union and the aggregate deductions of all
employees shall be remitted together with an itemized statement to the representative by
the first of the succeeding month after such deductions aze made or as soon thereafter as
is possible.
6.2 Any present or future empioyee who is not an Union member shall be required to
contribute a fair share fee for services rendered by the Union. Upon notification by the
Union, the Employer shall check offsaid fee from the ean�ings ofthe employee and
transmit the same to the Union. In no instance shall the required contribution exceed a
pro rata share of the specific eacpenses incurred for services rendered by the
representative in relationship to negotiations and admanistration of grievance procedures.
It is also understood that in the event the City shall make an improper fair share
deduction from the earnings of an employee, the Union shall be obligated to make the
City whole to the extent that the City shali be required to reimburse such employee for
any amount improperly withheld. This provision shall remain operative only so long as
specifically provided by Minnesota law, and as otherwise legal.
6.3 The Union agrees to indexnnify and hold the Employer harmless against any and all
claims, suits, order or judgments brought or issued against the City as a resuit of any
• action taken or not taken by the City under the provisions of this Article.
ARTICLE 7 - DISCIPLINE
7.1 The Employer may disciplitte employees in any of the forms listed below:
7.1(1) Oralreprimand;
7.1(2) Written reprixnand;
7.1(3) Suspension;
7.1(4) Demotion;
7.1(5) Discharge
Tke Employer will discipline for just cause only.
7,2 Discharges will be preceded by a five (5) working day preliminary suspension withont
pay. During said period the employee and/or Union may request, and shall be entitled to
a meeting with the Employer representative who initiated the suspension with intent to
discharge. During the five (5) day period, the Employer may affirm the suspension and
dischazge in accordance with Civil Service Rules or may modify, or withdraw same.
ARTICLE 8- STRIKES, LOCKOUTS, WORK INTERFERENCE
8,1 The Union and the Employer agree that there sball be no stnlces, work stoppages, slow-
downs, sitdown, stay-in, or other concerted interference with the Employer's business or
affairs by said Union and/oz members thereo� and there shall be no bannering during the
existence ofthis Agreement without first using all possble means ofpeacefixl settlement
of any controversy which may arise. Employees engaging in same shall be liable for
disciplinary action.
8,2 No lockout, or refusal to allow employees to perforn� available work, shall be instituted
by the Employer and/or its appointing authorities during the life ofthis Agreement.
ARTICLE 9 - GRIEVANCE PROCEDURE
9.1 A grievance is defined as a dispute or disagreement as to the interpretation or application
of the specific terms and conditions of this Agreement. The procedure established by this
Article shall be the sole and exclusive procedure for the pmcessing of grievances.
However, this Article does not abridge grievance rights possessed by eligible veterans
under applicable veterans' rights statutes.
9.2 The Employer will recognize representatives designated by the Union as the grievance
representatives ofthe bargaining unit having the duties and responsibilities established by
this Article. The Union sl�all notify the Empioyer in writing of the naznes of such Union
Representatives and of their successors when designated. The Emploqer shall notify the
Union in writing to its designated representatives.
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ARTICLE 9— GRIEVANCE PROCEDURE (Continued) 6 �,����
• 9.3 It is recognized and accepted by the Union and the Employer that the processing of
grievances as hereinafter provided is limited by the job duties and responsbilities of the
employees and shall therefore be accomplished during normal working hours when
consistent with such employee duties and responsibilities. The aggrieved employee and
an Union Representative shail be allowed a reasonab2e amount of time without loss of
pay when a grievance is investigated and presented to the Employer during normal
workinghours pmvided that the employee and Union Representative have narified and
received the approval of designated supervlsor and provided that such absence is
reasonable and would not be detrimental to the work programs of the Employer. It is
understood that the Employer shall not use the above limitation to hamper the processing
of grievances.
9.4 Crrievances, as defined by Section 9.1, shall be resolved in confonnauce with the
following procedure:
Step 1. An employee claiming a violation concerning the interpretation or application
of this Agreement st�all, within twenty-one (21) calendaz days after such alleged
violation has occurred, present such grievance to Uae employee's supervisor as
designated by the Empioyer. The Employer-designated representative will
discuss and give an answer to such Step 1 grievance within ten (10) calendaz
days after receipt. A grievance not resolved in Step 1 and appealed to Step 2
shall be placed in writing setting forth the nature of the grievance, the facts on
• which it is based, the provision or provisions of the Agreement allegedly
violated, the remedy requested, and shall be appealed to Step 2 by the Union
within fifteen (15) calendar days after the Employer-designated representative's
final answer in Step l. Any grievance not appealed in writing to Step 2 by the
Union within fifteen (15) calendar days shall be considered waived.
Step 2. If appealed, the written grievance shall be presented by the Union and discussed
with the Employer-designated Step 2 representative. The Employer-designated
representative shall give the Union Employer's Step 2 answer in writing within
ten (10} calendar days following the Employer-designated representative's final
Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union
within ten (10) calendar days shall be considered waived.
Step 3. If appealed, the written grievance shall be presented by the Union and discussed
with the Empioyer-designated Step 3 representative. The Employer-designated
representative shall give the Union the Employer's answer in writing within ten
(10) calendar days after ofsuch Step 3 grievance. A grievance not
resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days
following the employer-designated representative's final answer in Step 3. Any
grievance not appealed in writing to Step 4 by the Union within ten (10)
calendar days shall be considered waived.
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ARTICLE 9 — GRIEVANCE PROCEDURE (Con�inued)
Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be •
submitted to azbitration subject to the pmvisions ofthe Pubiic Employment
Labor Relations Act of 1971, as amended. The arbitration proceedings shall be
conducted by an azbitrator to be selected from a permanent panel o f five (5)
arbitrators. Arbitrators shall be selected by lot within twenty (20) work days
after notice has been given.
In the event the Employer and the Union cannot mutually agree to five (5)
arbitrators for the permanent panel, the paxties will petition the DirecYOr of the
Bureau ofMediation Services for a list of ten (10) arbitrators for each panel
member for which the parties did list(s), the Employer stnlcing first, until one
(1) name remains. Vacancies occurring on tfie permanent panel during the life
of this Agreement shall be filled by mutual agreement of the parties. If the
pazties cannot mutually agree, the vacancy shall be filled by the process noted in
the preceding pazagraph.
Step 5. The arbitrator shall have no right to amend, modify, nutlify, ignore the teims
and conditions ofthis Agreement. The arbitrator shall consider and decide only
the specific issue(s) submitted in writing by the Employet and the Union, and
shali have no authority to make a decision on any other issue not so submitted.
The arbitrator shall be without power to make decisions contrary to, or
inconsistent with, or modifying or varying in anyvvay the application of laws,
rules, or regulations having the force and effect of law. The arbitrator's •
decision shall be submitted in writing, capies to both parties and the Bureau of
Mediation Services wifhin thnty (30) days foIlowing the close of the liearing or
the submission ofbriefs by the parties, whichever be later, unless the parties
agree to an e�ension. The decision shall be binding on both the Employer and
the Union and shall be based solely on the azbitrator's interpretation or
application of the express terms of this Agreement and to the faets of the
grievance presented.
9.5 The fees and expenses for the arbitrator's services and pmceedings shall be borne equally
by the Employer and the Union provided tttat each party shall be responsible for
compensating its own representatives and witnesses. If either party desires a verbatim
record of the proceedings, ik may cause such a record to be made, providing it pays for
the record. If both parties desire a verbatim record of the proceedings the cost shall be
shared equally.
9.6 If a grievance is not presented within the time limits set forth above, it shall be
considered `Svaived". If a grievance is not appealed to the next step within tke specified
time limit or any agreed extension thereo� it shall be considered settled on the basis of
the Employer's ]ast answer, if the Employer does not answer a grievance or an appeal
thereof within the specified time limits, the iINION may eIect to treat the grievance to the
next step. The time littut in each step may be extended by mutual written agreement of
the Employer and the Union in each step. •
i[i7
• ARTICLE 10 - WAGES/MERIT PAY �� �
10.1 Genera! wage adjustment. Effeetive May 1, 2008 (or closest pay period) all salary rates
appLicable to individvals in this bazgaining unit (as well as the minunum, midpoint and
maximum rates for each salary range) shall be increased 3.25%. Effective April l, 2009
(or closest pay period) all salary rates applicable to individuals in this bazgaining unit (as
well as the m;n;rr,um, midpoint and maximum rates for each salary range) shall be
increased 3.25%. Effective January 1, 2010 (or closest pay period) all salary rates
applicable to individuais in this bargaining unit (as well as the ulinimum, midpoint and
maximum rates for each salary range) shall be increased 3.25%.
Retroactive wage adjustments shall oniy apply to employees who were employed by the
City as of the date of signing this Agreement.
L�
10.2 Merit-based increases, July 1,_2008, July 1, 2009, and July 1, 2010. Begimiing with the
July 2007 — June 2008 performance evaluations, the City Attorney shall detenuine which
members of this bazgaining unit shall be entitled to merit pay each perforuiance
evaluation year (July — June). This deteimination shall be based on the employee's
performance rating for the entirety of the previous year. (The City Attorney retains the
right to determuie how and when to administer merit-based increases for employees who
have not been employed in the City Attorney's Office for the entirety of the evaluation
period). Such merit pay raises shall be effective on the first full pay period following
July 1 st of each year, and shail be for the amounts listed below, based on the "mid point"
for each classification as defined and listed in Appendix A:
Perforinauce rating
4. Level 4.0%ofmidpoint added to base
3. Levei 2.5% of midpoint added to base
2. Level 0%
1. Level 0%
All merit ix:creases will be calculated as a percentagz of the midpoint ofthe salazy range
assigned to the employee's ciass title. An employee's base salary shall not be increased
above the salary range maximum for his/her title. If the merit inerease awarded would
result in an increase above the salary range maximuxn, the employee's base salary will be
adjusted to the range maximum and the balance of the increase will be paid to the
employee in a lump suxn. If employee is at the salary range maximum, the entire merit
based increase will be paid to the employee in a lump sum.
•
The City Attomey shall make a reasonable good faith effort to have performance
evaluations completed by July 1 of each applicable yeaz. If for some reason, the
evaluations are not complete, merit increases shall apply retroactively to the first full pay
period after July lst ofthat year. The substantive judgement ofthe employee's
supervisor regarding the employee's performance shaii not be subject to the grievance
procedure ofthis agreement nor shall it be subject to azbitration. The employee may
request a meeting with his/her supervisor and the City Attomey for the purpose of
reviewing the empioyee's perforniance evaluation.
11
ARTICLE 10 - WAGES/MERIT PAY (Continued)
103 City Attorney adjustments. The City Attomey reserves the right to increase salaries •
dtiring the mid-term of the Agreement for intemal pmmotion, equify treahnent,
assumption of increased responsibility or authority, employee retention or other business-
related reasons. The decision of the City Attorney, both as to the amount of such merit
raise and as to the method by which it shall be given, shall be at the sole discretion of the
City Attorney and shall not be subject to the grievance procedure of this agreement, nor
shall it be subject to arbitration.
10.4 Salary upon class change - reallocation or promotion to a higher class. TJpon
reallocation or promotion to a higher class, an employee shall normally receive a salary
increase of at least 4% or shall be moved to the bottom of the new salary range
(whichever is greater), t� higher salary increase may be granted at the discretion of the
City Attorney aad shall not be sabject to the grievance/azbitration procedure ofthis
agreement.
I0.5 SaZary upon posirion change within the same classif:cation. An employee's salary rate
shall not be changed upon transfer from one position within a classification to auother
position withia the same classification, except as deemed necessary by the City Attomey
under 10.5 above.
10.6 Salary upon class change to a Zower title, An employee who is demoted/laid
off/reallocated to a lower class for any reason other than demotion for cause shall retain
his/her current rate of pay unless that rate is higher than the range *naX;?num for the new •
classification In that case, the employee's pay rate shall normaIly be adjusted to the
maximum for the new lower classification. Exceptions to this general rule (ie., to allow
the pay rate to reznain above the maximum) shall be made at the diseretion of the City
Attomey.
ARTICLE 11- SAVINGS CLAUSE
11.1 This Agreement is subject to the laws of the United States, the State of Minnesota In the
event any provisions ofthis Agreement sha11 be field to be contrary to law by a court of
competent jurisdiction fron whose finai 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 parry. All other provisions of this Agreement shall continue in full force
and effect.
•
12
• ARTICLE 12 - INSURANCE � 7J ��� �'
r�
�
•
Retiree Insurance
12.1 Employees who retire must meet the following conditions at the time ofretirement in
order to be eligible for the Employer contnbutions, listed in Sections 12.2 through 12.5
below, towazd a health insurance pian offered by the Employer:
12.1(1) Be receiving benefits from a public employee retirement act at the time of
retirement, and
12.1(2) Have severed his/her relationship with the City of Saint Paul for reasons other
than misconduct, and
12.1(3) Have completed at least 20 years with the City of Saint PauL
Early Retirees
12.2
12.3
This Section shall apply to full titne employees who:
12.2(1) Retire on or after January 1, 1996, and
12,2(2j Were appointed on or before December 31, 1995, and
12.2(3) Have not attained age 65 at retirement, and
12.2(4) Meet the terms set forth in Section 12.1 above, and
12.2(5) Select a health insurance plan offered by the Employer.
Until such employees reach siety-five (65) years of age, the Employer agrees to
contribute a maximum of $350 per month towazd the cost of single or family health
insurance coverage. Any unused portion of the Employer's contnbution sha11 not be paid
to the retiree. In addition, the Ernployer will contribute the cost for $S,OOO life insurance
coverage until the retiree attains the age of sixty-five (65).
When such eazly retiree attains age 65, the provisions of Section 12.4 wiil apply.
This Section shall apply to full tnne employees who:
12.3(1) Retire on or after January 1, 1996, and
12.3(2) Were appointed on or after January 1, 1996, and
12.3(3) Have not attained age 65 at retirement, and
12.3(4) Meet the conditions of Section 12.1 above, and
123(5) Select a health insurance plan offered by the Employer.
Until such retirees reach sixty-five (65) years of age, the Empioyer agrees to contribute a
maximuxn of $300.00 per month toward the cost of single or family health insurance
coverage. Any unused portion shail not be paid to the retiree. In addition, the Employer
will contribute the cost for $5,000 life insurance coverage until the retiree attains the age
of sucty-five (65).
When such early retiree attains age 65, the provisions of Section 12.5 shall apply.
13
ARTICLE 12 — INSURANCE (Continued)
Regular Retirees (Age 65 and over)
12.4 This Section shall apply to full time employees who:
12.4(i) Retire on or after 7anuary 1, 1996, and
12.4(2) Were appointed on or before December 31, 1995, and
12.4(3) Have attained age 65 at retirement, and
12.4(4) Meet the terms set forth in Section 12.1 above, and
12.4(5) Select a health insurance plan offered by the Employer
The Employer agrees to contribute a nnaximum of $550.00 per month towazd the
premium for single or family health insurance coverage offered by the Employer to
regular retirees and their dependents. Any unused portion of the Employer's contnbution
shall not be paid to the retiree.
T'his Sectiott shall also apply to eariy retirees who retired under the provisions of Section
12.2 when such retirees attain age 65.
12.5 This Section shall apply to full time employees who:
12.5(1) Retire on or a$er January 1, 1996, and
12.5(2) Were appointed on or after January l, 1996, and
12.5(3) Have attained age 65 at retirement, and
12.5(4) Meet the conditions of Section 12.1 above, and
12.5(5) Select a health insurance plan offered by the Employer.
The Employer a�ees to contnbute a maX;mum of $300.00 per month toward the cost of
single or family 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 eazly retirees who retired under the provrsions of Section
12.3 when such early retirees attain age 65.
12.6 If an employee does not meet the conditions of Section 12.1(3), he/she may purchase
single or family health insurance coverage through the Employer's insurance program.
The total cost of such insurance coverage shall be paid by the retiree.
Any employee who is receiving a PERA disability benefit, or who is eligible for or
receiving a retirement annuity from a Minnesota public pension plan, may continue to
participate indefinitely in the City's group medical insurance plan at his/her own expense.
12.7 A retiree may not carry his/her spouse as a dependent if such spouse is also a City retiree
or City employee and eligbie for and is enrolled in the City heaith insurance pmgram.
•
•
12.8 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]ater date, such retiree will not be eligble for any
future participation or for any Employer contn'bution.
14
ARTICLE 12 — INSURANCE (Confinued)
�
Survivor Insurance
07-!l�a
12.9 The surviving spouse of an employee carrying family coverage at the time of his/her
death due to a job connected injury or illness which was detemuned to have arisen out of
and in the course of his/her employment under worket's compensation law shall continue
to be eligil�le for city contnbution in the same proportions as is provided for retired
employees.
In the event of the death of an early retiree or a regular retiree, the dependents of the
retiree shall have the option, within thirty (3Q) days, to continue the current
hospitalization and medicai benefits which said dependents previously had, at the
premium and Employer contnbution accorded to the eligible deceased retiree.
It is further understood that coverage shall cease in the event oF
12.9(1) Subsequent remarriage of the surviving spouse of the deceased empioyee or
retiree.
•
12.9(2) The employxnent 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.
Active Employee Insurance
1210 Effective for the January 2008 insurance premiums, for each eligibie empioyee covered
by this agreement who is employed full-tnne and who selects single employee heakh
insurance coverage provided by the Empioyer, the Employer agrees to con4ribute the
following amounts:
Open Access with $1,500 Deduchble:
Primary Clinic with $500 Deductble:
Distinctions:
$427.25 + $100 (to be deposited into
an account deteimnied by the LMC-
AI.)
$525.51
$457.54
Effective for the January 2008 insurance premiuxns, for each eligible employee
covered by tl�is agreement who is employed full-time and who selects faxnily
heaith insurance coverage provided by the Employer, the Employer agrees to
contribute the following amounts:
•
Open Access with $1,500 Deduchble:
Frimary Clinic with $500 Deductible:
Distinctions:
$1,040.75
$901.86
$901.86
15
ART'ICLE 12 - INSURANCE (Coniinued)
Effective for the January, 2009 insurance prezniums, for each efigibie emptoyee
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 contnbute the following amounts:
Open Access with $1,500 Deductble: $467.84 +$100 (to be deposited into
an account determined by the LMC-
HI.)
Primary Clinic with $500 Deduch'ble: $567.93
Distinctions: $482.54
Effective for the January, 2009 insurance premiums, for each eligible full-time
employee who seleets family health insurance coverage, the Employer agrees to
contnbute the following amounts:
Open Access with $1,500 Deduchble: $1,120.75
Primary Clinic with $500 Deductible: $926.86
Distinctions: $926.86
Effective for the January, 2010 insurance premiums, for each eligi�ble employee
covered by this agreement who is employed fuil-time and who selects single
health insurance coverage provided by the Employer, the Employer agrees to
contn�bute the following amounts:
Open Access with $1,500 Deductble:
$512.28 + $100 (to be deposited into
an account determined by the LMC-
HI.)
Primary Clinic with $500 Deductible: $615.10
Distinctions: $507.54
Effective for the January, 2010 insurance premiums, for each eligible employee
covered by this agreement who is employed full-tixne and who selects family
health insurance coverage, the Employer agrees to contnbute the following
amounts:
Open Access wikh $1,500 Deduct�le: $1,214.00
Primary Clinic with $500 Deducrible: $951.86
Distinctions: $951.86
.
•
•
16
AItTICLE 12 — INSURANCE (Continued) ��..����
• For three-quarter time employees who select fanuly health insurance coverage,
the Employer agrees to contnbute 75% of the contnbution provided to full-tune
employees per month. For half-time employees who select family health
insurance coverage, the Employer agrees to contnbute 50% of the contnbution
provided to full-time employees per month.
Employees shall not use pre-tax Employer contnbution insurance dollazs for the
purchase of long term or short term disability coverage.
Part-time employees who aze permanently appointed to a full-time (80 hours per
biweekly period) position after the commencement of the plan yeaz, shall be made
eligble for the full-time benefits after they have completed at least forty hours in
a monthly qualifying pay period as a full-time employee. Full-tune employees
who aze pernianently appointed to a part-time (less than 80 hours per biweekly
period) position after the commencement of the plan yeaz shall be reduced to the
benefit level applicable for the hours scheduled by the department. Such
reduction shall take effeet on the first month the employee does not complete a
monthly qualifying pay period as a full-time employee.
12.11 For the purpose of this Article, full-time employment is defined as appearing on the
payroll an average of at least 32 hours per week for the twelve (12) month period
preceding the annual open enrollment or special enrollments or the 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 annual open enrollment or special enrollments or the period preced'mg
initial enrollment.
Half-time employment is defined as appearing on the payroll an average of at least 20
hours per week but less than 26 hours per week for the twelve (12) month period
preceding the annual open enrollxnent or special enrollments of the period preceding
initial enrollment.
12.12 All eligible employees regardless ofthe number of average hours worked must select at
least single coverage hospital-medical insurance and employee life insurance in an
amount $5000.
12.13 The contnbutions indicated in this Article 12 shail be paid.to a third party administrator
arid shall not be considered salary.
•
17
ARTICLE 13 - VACATION
�.J
13.1 Vacarion credits shall accumulate at the rates shown below for each full hour on the
payroll, excluding overtune.
Years of Service
1 st year thru 8th year
9th year thru 15th yeaz
16th yeaz and thereafter
Hours of Vacation
.0654 (17 days)
.0846 (22 days)
.1038 (27 days)
13.2 The head of the department may permit an employee to cazry over into the `�acation
yeaz" up to one hundred twenty (120) hours of vacation. For the purpose of this article
khe "vacation yeaz" shall be the fiscaI yeaz (IRS payroll reporting year).
13.3 The above provisions ofvacation shall be subject to the Saint Paul Sa1ary Plan and Rates
of Compensation, Section I, Sub. H.
13.4 If an employee has an accumulation of sick leave credits in excess of one hundred and
eighty days, the employee may convert any part of such excess of sick leave at the rate of
one-half day's vacation for each day of sick leave credit. No employee may convert
more than ten (10) days of sick leave in each calendaz year under this provisioa.
13.5 The City Attorney may permit an employee to carry over into the following IRS payroll
reporting year up to one hundred fwenty (120) hours ofvacation. However, ifreguested
by an employee, the City Attorney may, in hislher sole discretion, compensate the
employee in cash at the end of each IRS payroll reporting yeaz for any or all hours over
one fiundred and twenty hours (120) for which the employee requests payment. The
payment, if any, shall be at the rate of pay in effect at the time payment is made.
Additionally, such payments will only be made if such payments are within the
Department's budget. The decision whether to make such payments shall not be
grievable.
ARTICLE 14 - HOLIDAYS
14.1 Holidays recognized and observed. The following days shall be recognized and observed
as paid holidays.
New Yeaz's Day
Martin Luther King Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
•
Eligible employees shall receive pay for each of the holidays listed above, on which they
perform no work Whenever any of the holidays listed above shall fall on Saturday, the •
preceding Friday shaIl be observed as the hotiday. Whettever any of the holidays listed
above shall fall on Sunday, the succeeding Monday shall be observed as the holiday.
EE:3
ARTICLE 14 — HOLIDAYS (Continued)
• 14.2 Eligibility Requirements.
D�-1/l� a-
In order to be eligible for a holiday with pay, an employee must be employed as of the
date of the holiday and have paid hours on the payroll for that pay period. The amount of
holiday time earned shall be based upon the number of non-holiday hours paid to the
employee during that pay period (see proration charts in Salary Plan and Rates of
Compensation). For the purpose ofthis section only, non-holiday hours paid includes
hours actually worked, vacation time, compensatory time used, paid leave and sick leave.
It is further understood that neither temporary nor other employees, not heretofore
eligible, shall receive holiday pay.
14.3 Notwithstanding 14.2, a temporary employee shall be eligible for holiday pay after such
employee has been employed as a temporary employee for sixty-seven (67) consecutive
work days. No temporary employee shall be eligible for any floating holidays.
ARTICLE 15 — LEAVES OF ABSENCE
15.1 Each eligble employee shali accumulate sick leave credits at the rate of.0538 for each
hour on the payroll, excluding overtime.
15.2 Any employee who has accumulated sick leave credits as provided above shall be granted
leave with pay, for absences due to an illness or injury of the employee for such period of
• ticne as the employee's supervisor deems necessary and may be granted leave with pay
for such time as is actually necessary for office visits to a doctor, dentist, optometrist, etc.
An employee may use personal sick leave benefits provided by the Employer for
absences due to an illness or injury to the employee's child for such reasonable periods as
the employee's attendance with the child may be necessary, on the same terms the
employee is able to use sick leave benefits for the employee's own illness or injury. An
employee may also use up to forty (40) hours of sick leave in the case of sudden sickness
or disability of a member ofhis/her household in order to care for or make arrangements
for the caze of such sick or disabled person.
This section applies only to personal sick leave benefits payable to the employee from the
Employer's general assets. For purposes of this section, "personal sick leave benefits"
means tixne accrued and available to an employee to be used as a result of absence from
work due to personal illness or injury, but does not include short-term or long-term
disability or other salary continuation benefits.
153 P,ny employee who has accumulated sick leave credits, shall be granted one day of such
leave to attend the funeral of the employee's graadpazent or grandchild, and as much tnne
as the employee's supervisor deems necessary for the death of the empioyee's mother,
father, spouse, child, brother, sister, mother-in-law, father-in-law, or other person who is
a member of the household.
•
19
ARTICLE 15 — LEAVES OF ABSENCE (Continued)
15.4 An employee shall be granted up to a total of sixteen (16) hours during a school year to •
attend school conferences or classroom activities related to the employee's cluld,
provided the conferences or classroom activities cannot be scheduled during non-work
hours. When the leave cannot be scheduled during non-work hours and the need for the
leave is foreseeable, the employee must provide reasonable prior notice ofthe leave and
make a reasonable effort to schedule the leave so as not to disrupt unduly the operation of
the Employer. An employee shait be altowed to use vacation or compensatory time for
this leave; otherwise, this leave shall be without pay.
15.5 Voluntary Unpaid Leave of Absence. A full-time employee may be granted up to 480
hours of voluntary leave of absence without pay during the fiscal yeaz. During such leave
of absence, the employee sYiall continue to eara and accrue vacation and sick leave,
seniority credits and maintain insurance eligi�bility as though he/she was on the payroll.
Any leave of absence granted under this provision is subject to the approval of the
Depaztment Head.
15.6 Adoption Leave. In case of an employee adoption of a child up to five years of age,
employees shall be permitted to carry over into the following fiscal year up to 80
additional hours of accrued vacation time each yeaz up to a total of 240 hours.
For up to two years from the date of the execution of this Agreement, employees may
additionally borrow up to 80 hours of unaccrued vacarion time from the ne�ct fiscal year.
These two adoption provisions shall apply only to one City employee in the event that •
both adoptive parents are City employees.
15.7 Employees will be granted leaves of absence in accordance with the Family Medical
Leave Act (FMLA). The employer agrees that under FMLA eack eligtble employee is
entitled to take up to twelve (12) weeks of unpaid leave in any tweive month period for
any of the following reasons: (According to City policy, available sick leave must be
supplemented for conditions specified as eligible for sick leave in this agreement).
• Birth of a child of the employee and in order to care for the clrild.
• Placement of a child with an employee for adoption or foster care.
. Take time off from work because of the employee's own serious health
condition
. In order to care for the spouse, pazent or child ofthe employee when said
spouse, pazent or child has a serious health condition.
15.8 Matemity/Pazental leave. Maternity is defined as the physical state of pregnancy on an
employee, commencing eight (8) months before the estimated date ofohildbirth, as
determined by a physician, and ending six (6) months a&er the date of such birkh. In the
event of an employee's pregnancy, the employee may apply for Ieave without pay at any
time during the period stated above and the Employer may approve such Ieave at its
option, and such leave may be no longer than one (1) yeaz. •
20
ARTICL� 15 — LEAVES OF ABSENCE (Continued) �j�//Cp �-
• 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 dssabled in terms of her ability to
performthe duties ofher position.
15.9 A twelve (12) month Pazental leave of absence without pay shall be granted to a natural
parent or an adoptive pazent, 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
mutuat 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 9 ofthis Agreement. Employees who retum following such leaves of absence
shall be placed in a position of equivalent salary and tenure as the one held just prior to
the beginning of their leave.
ARTICLE 16 — NON-DISCRIMINATION
16.1 The tern�s and conditions ofthis Agreement will be applied to employees equally without
regazd to, or diserunination for or against, any individual because of race, color, creed,
se� age, or because of inembership or non-membership in the Union.
16.2 Empioyees will perform their duties and responsibilities in a non-discriminatory manner
• as such duties and responsibilities involve other employees and the general public.
ARTICLE 17 — LEGAL SERVICES/FEES
17.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the
Employer shali defend save harniless and indemnify employee against tort claim or
demand whether groundless or otherwise azising out of alleged acts or omission oacurring
in the performance or scope of the empioyee's duties.
17.2 Notwithstanding Article 17.1, the Employer shall not be responsible for paying any legal
service fee ar for providing any legal service azising from any legal action where the
employee is the Plaintif£
173 The Employer shall pay for the cost of the license fee for retention of the employees'
attorney license. Employees shall provide the appropriate license xenewal form to the
Union president who shall present said forms to the accounts payable staff in a tnnely
manner such that payment may be made prior to any deadiines for renewal.
ARTICLE 18 — SENIORITY
18.1 Seniority, for the purpose ofthis Agreement, shall be defined as follows: The length of
continuous, regular or probationary service with the City Attorney's Office from the date
• an employee was fust appointed to an attorney position represented by this bazgaining
unit.
I 8.2 Seniority shall terminate when an employee retires, resigns, or is discharged.
21
ARTICLE 18 - SEIVIORITY (Continued)
18.3 In the event it is deternnined by the Employer tUat it is necessary to reduce the work force, •
employees will be laid offby class title based on inverse length of City Attorney seniority
as defined above.
18.4 When the number of employees in a higher title is to be reduced, employees in Yhe higher
titles who have more City Attorney seniority than employees in lower titles which are in
this bazgainnig unit will be offered reductions to the highest of these titles to which City
Attomey senioriry would keep them frombeing laid of� before layoffs aze made in any
class title.
18.5 Employees who have held class titles represented by this bazgaining unit who
subsequently accept appointments or assignments to attomeypositions wMch aze not
represented by this bargaining unit shall be allowed, in all cases, to return to the currently
held or comparable class title represented by this bargaining uniY upon cornpletion of
such appointments or assignments. The two attorneys providing legal services in the azea
of Labor Relations were allocated to the Senior Attomey classification as part of the
February 1 S, 2000 classification study. A,ny Deputy City Attomey or Supervisor
incumbents who have rights back into the bargaining unit and who were not allocated as
part ofthe February 18, 2000 study will be allocated to one of the new classes when and
if they retum to an appointmendassignment represented by this bargaining unit. Nothing
in this section shall be covstrued to negate any other agreements with regazd to these
employees. �
ARTTCLE 19 - CITY MILEAGE
19.1 Chapter 33 ofthe Saint Paul Administrative Code shall be superceded for members of
this bazgaining unit and replaced by sections 19.2 and 19.3 below.
19.2 To be eligible for mileage reimbursement, an employee must receive written
authorization in advance from the Department Head.
19.3 When an employee is required to use lvslher personal automobile to conduct authorized
City business, the City shall reimburse the employee at the then current Federal I.RS.
mileage reimbursement rate on the most direct route.
19.4 When an employee is required to park hislher automobile at an off-site location wlrile
conducting City business, the City shall reimburse the einployee for the parking expense.
Nothing in this section shall be construed to authorize the City's payment of the
employee's normal daily paxking expenses.
ARTICLE 20 — DEFERRED COMPEN5ATION
•
20.1 Effective January 1, 2008, employees witfi at Ieast one (1) year of service will be eligible
for a deferred compensation match of $275.00 per year by the Employer subject to the
criteria 13sted below. •
22
A.RTICLE 20 - DEFERRED COMPENSATION (Continued)
�
20.2 Eligbility and implementation:
v� �i��-
a) For initial match, employees must have been employed by the City of Saint Paut for a
minimum of one (1) calendaz yeaz.
b) Employees must bave made their complete contnbutions by December 31�` of the
previous calendar yeaz.
c) City matches will be made by April l of the following yeaz.
d) Employees must be on the payroll as of the date of deferred compensation match.
e) If an employee takes a leave of absence to serve as a full-tune union official, time
served in such capacity, up to six (6) years, will be counted toward the years of
service requirement.
•
•
ARTICLE 21- PROBATION
21.1 Ail new empioyees shall serve a one and a half year (i 'Iz yeaz) probation. Ali promoted
employees shall serve a one (1) yeaz probation subject to Article 4.7.
ARTICLE 22 - DURATION AND EFFECTNE DATE
22.1 Complete Agreement With Waiver of Bargaining. This Agreement shall represent the
complete Agreement between the Union and the Employer. The parties acknowledge
that during the negotiations which resulted in tlus Agreement, each had the unlimited
right and opportunity to make requests and proposals with respect to any subject or
matter not removed by law from the azea of collecrive bargaining, and that the complete
understandings and agreements arrived at by the parties after the exercise of that right and
opportunity are set forth in this Agreement. Therefore, the Employer and the Union, for
the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each
agrees that the other shall not be obligated to bazgain collectively with respect to any
subject or matter referred to or covered in this Agreement.
22.2 Except as herein provided this Agreement shall be effective as of January 1, 2008, and
shall continue in full force a� effect through December 31, 2010, and thereafter until
modified or aznended 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 Public Employment Labor Relations Act of 1984.
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ARTICLE 22 — DURATION AND EFFECTIVE DATE (Continued)
223 This constitutes a tentative agreement between the parties which will be recommended by •
the Director of Labor Relations, but is subject to the approval ofthe Administration of the
City, the City Council and is also subject to the ratification by the Uzuon.
WITNESSES:
CITY OF SAINT PAUL
i
LOCAL iINION NO. 3757, DISTRICT
COUNCIL NO. 5 OF THE AMERICAN
FEDERATION OF STATE, COiTN'fY
AND MUNICIT'AL EMPLOYEES-LEGAL
L z - -c��
wen Date
Business Representative
('C�.,���'�� �z�3���
Cheri Sisk � Date
President
�
U
•
24
Labor Relations Specialist
• APPENDIX A
a�-��r� a-
Salary ranges applicable to titles covered by this Agreement shall be as shown below:
Effective January 1, 2008 (or closest pay period)
Effective May i, 2008 (or closest pay period) (3.25%)
Job Class Range Minimum Mid Point Range Maxiinum
Associate Attorney $48,280 (1849.81) $62,884 (2409.35) $77,488 ($2968.89)
Attomey $61,395 (2352.30) $79,701 (3053.70) $98,008 (3755.09)
Senior Attomey $73,315 (2809.00) $94,776 (3631.26) $116,237 (4453.51)
Effective April l, 2009 (or closest pay period) (3.25%)
•
Effective 3anuary 1, 2010 (or closest pay period) (3.25%)
L J
A-1
6��(ll� �-
� APPENDIX B - WORK SCHEDULES
l.l All bargaining unit employees aze exempt from the overtime pay provisions of the federal
Fair Labor Standards Act and similar state legislation as professionat employees and aze
salaried employees of the City who aze not compensated on an hourly basis.
1.2 The normal work schedule for full-time employees covered by this Agreement shall
wnsist of a minimum of eighty (80) hours withiu each biweekly payroll period.
Employees are generally expected to be working during the normal business hours,
weekdays between 8:00 am and 5:00 p.m., or as otherwise established by the Employer
for the employee's work group, subject to the leave provisions of ttus Agreement, and
applicable state and federal statutes. Due to the nature of their work, however, the job
duties ofpersons in this bazgaining unit may require the empioyees to work irregular
hours, and work on holidays and weekends. Such work ret�uirements aze considered an
integral part of the job. Therefore, maintaining consistent starting and quitting tirnes and
scheduling specific numbers of hours worked in any day or week may be unpractical.
Where their assigned duties and responsibilities permit, however, and where their
Department Head or Supervisor approves, bargaining unit employees may exercise
reasonable and prudent discretion in scheduling or vaz•ying the normal business hours at
which their work is performed.
13 Employees who work more than eighty (80) hours in a two-week payroll period may be
• granted compensatory tune with the approval of their department head or luslher
designee. If granted, compensatory time will be based on a straight time hour for hour
basis for titne that the supervisor approves.
1.4 Compensatory time off shall be scheduled and approved in advance. Employees and '
their supervisors shall diligently work together to schedule compensatory time off so that
exnployees may make maximum use of their acerued compensatory time without
unreasonably disrupting the business of the Employer.
1.5 Employees leauing the City or the City Attorney's Office must use up any accrued
compensatory time and shall not be paid for it under any circumstances.
1.6 Employees and the Union accept the fact that employees aze required to attend to the
ethical obligations associated with the practice of law, must act to fuily serve the needs of
their clients and are obligated to observe scheduled court appeazances, depositions,
agency and other scheduled meetings, and other such requirements of the practice of law,
and agree that this provision affecting hours of work does not remove those requirements.
1.7 Decisions made or not made under this clause on any individuai case zre not grievable or
arbitrable. However, systematic or repeated decisions which aze contrary to the spirit of
this Appendiz may be grieved under the process set forth in ,Article 9.
• 1.8 The City and the Union agree that this modification of hours ofwork is experimental and
shall not extend beyond the term of f.his Agreement unless both parties act affirmatively
to renew or modify this clause in bazgaining for the nest corrtract.
I:�1
� APPENDIX C- MERIT PAY SYSTEM
���II (� �-
This letter confizms that the parties entered into the 2008-2010 agreement with the following
intentions and expectations regazding the merit pay system:
•The performance system and criteria used under this contract shall be the same performance
system and criteria in place at the tune ofthe signing of this agreement.
•An employee's performance rating shall be based solely on the employee's performance and not
on the financial situation of the City or the City Attomey's Office.
•Although dependent on employee performance, the percentage of employees rated at each
performance rating is unlikely to change draznatically from the ratings issued over the past four
years(1997-2000).
•In the event that the percentage of empioyees rated below a"3" increases from the four-yeaz-
average (1997-2000) by more than 10% of the number of employees in the bargauung unit; or in
the event that the percentage of employees rated a"4" decreases from the four-year-average
(1997-2000) by more than 20% of the four-year-auerage of "4" ratings; the Union coutd file a
class action grievance alleging that the City has artificially decreased ratings in order to garner
cost savings. The Union shall bear the burden of proving allegations under this provision.
• •The City could defend itself against such a grievance by demonstrating that performance ratings
were based on legitunate performance problems or changes, as documented in the performance
review process. If the City asserts such a defense, the City shali beaz the burden of proving that
the perforniance ratings were based on legitnnate perfonnance issues.
•All of the above numbers are based on net changes in the numbers of employees rated at various
levels. It is understood that the performance rating of individual employees may vary from yeaz
to year, based on performance.
•The City agrees to provide the Union with aggregate data indicating the number of employees
rated at each rating level within 30 days after the performance ratings aze completed each year.
•This letter in no way abridges the City Attorney's rights to evaluate performance as outlined in
Article 10.4 ofthis Agreement.
CITY OF SAINT PAUL
•
LOCAL IJNION NO. 3757, DISTRICT
COUNCIL NO. 5 OF THE AMERICAN
FEDERATION OF STATE, COUNTY
ANI1�v1 ICIP �MPLOYEES-LEGAL
� @ � � �- � �I
C Cowen Date
Business Representative
���� �i�� �=- ��j ��7
Cheri Sisk Date
President
c-i
HR Consultant
• APPENDIX D- Labor Managexnent Committee ������ °�
A Labor Management Committee shall be formed consisting of at least one management
representarive and no more than four union representarives. This committee shall meet at the
request of either party, not to exceed once every other mornh (unless mutually agreed to meet
more often). Both parties agree that a labor management committee is a forum for discussion of
issues; not a foivm for negotiations. Management retains all rights as expressed in Article 3
(Management Rights) of this agreement. The City and the Union agree that this labor
management committee shall not extend beyond the term of this Agreement unless both parties
act affinnatively to renew or modify this clause in bazgainin.g for the next contract.
�
•
D-1