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08-492Council File # � '�'T 9� Green Sheet # 3053333 RESOLUTION OF PAUL, MINNESOTA Presenced � RESOLVED, that the Council ofthe City of Saint Paul hereby approves and ratifies the attached 2008 — 2010 Labor Agreement between the City of Saint Paul and the Intemational Union of Operating Engineers, L,oca170. of. Human Resources Adopted by Council: Date S�"Z � �(� Adoption C��'fied u il S retary � ' By. Approv by a D te �� D b By. 9 n Resources Director Services B y� `vv��V( Approved by C'ty Attorney BY � ' ��C Approved M oi fo b ss o Co c' By. � Green Sheet Green Sheet Green Sheet Green Sheet Green Sfieet Green Sheet �' �'(��" DepartmeMloffice/council: Data IniGated: Hu -HumanRaou�ces " 05-MAY-08 Green Sheet NO: 3053333 Cotrtact Person & Phone: Jason Schmidt 28Fr6503 Doc. Type: RESOLUTION W!$ TRANSAC E•Document Required: Y Document Contact: Sue Wegwerih Contact Phone: 266-6513 � Assign Number For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Q umanResources 1 umanResources D artme�7Nrectur 2 oaocial Services ce ESoancial Services 3 Attorce 4 a or's OiSce Ma orlAssistant 5 ouncil C5 Courtal 6 i Clerk Ci C{erk � � ..� Approve the attached January 1, 2008 through December 31, 2010 Labor Agreement between the Ciry of Saint Paul and the International Union of Operating Engineers, Loca170. Planning Commission CIB CommiUee Civil Service Commission 1. Has this persoNfirm ever worked under a contract for this department? Yes No 2. Has this persoNfirm ever been a city employee? Yes No 3. Does ihis person�rm possess a skill not nottnaliy possessed by any curtentciry employee? Yes No Explain all yes answers on separete sheet and aNach to green sheM InRiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The Labor Agreement with the International Union of Opera6ng Engineers, Loca170 has expired. The City of Saint Paul is required to negoriate with the bazgaining unit. Advantages If Approved: An ageement reached through good faith baz�gaining will be in place tUrough December 31, 2010. DlsadvanWges If Approved: None. DisadvanWges If Not Approved: The City would be requued to re-open negotiations with the bargaiaing unit. This would strain relarions with the bazgainiag unit and possibly lead to strike. Transaction: Funding Source: Pinancial IMormatio n: (Explain) Aetivity Tlumber: CosHRevenue BudgMed: May 5, 2�OS 3:53 PM Page 1 b8� �11 � ATTACHMENT TO THE GREEN SHEET INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 70 2008 — 2010 AGREEMENT Below is a sunmiary ofthe changes in the Collective Bargaining Agreement between the City of Saint Paul and International Union of Operating Engineers, Loca170. Duration: January l, 2008 through December 31, 2010. Wages: 2008: 3.25%, effective May 1(closest pay period) 2009: 3.25%, effective April 1(closest pay period) 2010: 3.25%, effective January 1(closest pay period) Health Insurance: The insurance contnbution increases follow the MOU reached w3ll all the bazgainuig units for 2008-2010. Safetv Shoes Allowance increased to $100.00 in 2008, and $125.00 in 2009. Effective 2009, shoe allowances bewme a contnbution to employees rather than reimbursement. MileaEe Convert to the IRS reimbursement rate, effective January 1, 2010. Other lanQUaEe chan�es: Other language changes are of a housekeeping nature for clarification and clean up. . . �'�y�" . 2008 - 2010 "-_ LABOR AGREEMENT � � � � _ � - _ � � _ " -�between -_ � . � � _ . � TI3E �ITY OF �AINT PAUL � � . .. _ � � � .` _ �a�d` � � �� -� � � _ � ,. _ � � v � _ INT�RNAT�QNAL_ UNION : OF OPERATII�TG � . � __ � _ � _ E�TG71���RS; � - - �_� , , ._ � � ;_ � � �� - _.L�C�I, 7Q _. _� ;� __ . � : . � _��' � � � � _� �� "� � , /�/ 1� � / � LJ ARTICLE T`ITLE PAGE Preamble ........................................................................................................ ri INDEX 1 Recognition ....................................................................................................1 2 Definirions ..................................................................................................... 1 3 Dues — Fair Share ........................................................................................... 2 4 Union Rights .................................................................................................. 2 5 Seniority ........................................................................................................3 6 Management Rights ....................................................................................... 4 7 Hours, PremiumPay ......................................................................................4 8 5ick Leave ..................................................................................................... 6 9 LeaveofAbsence ...........................................................................................6 10 Severance Pay ................................................................................................ 8 11 City Mileage .................................................................................................. 9 12 Residency .....................................................................................................11 • 13 Working Out of Classification ...................................................................... 11 14 Discipline/Cttievance .................................................................................... 11 IS Insurance ..................................................................................................... 14 16 Holidays .......................................................................................................19 17 Vacation ......................................................................................................20 18 Wage Schedule ............................................................................................ 21 19 Strikes, Lockouts, Work InterFerence ........................................................... 21 20 I3on-Discrnnination ...................................................................................... 21 21 Safety Shoes/Uniforms ................................................................................. 21 22 Defened Compensation ................................................................................ 22 23 Tern�s ofAgreement .................................................................................... 23 Appendix Wages ............................................................................... A- 1 • • PItEAMBLE �'�� � This Agreement has been entered into between the City of Saint Paul, hereafter referred to as the Employer, ar!d Local Union No. 70, International Union of Operating Engmeers, AFL-CIO, hereafter referred to as the Union. This Agre�ment has as its purpose the promotion of I�atmonious relations between the Employer and the Union, the establishment of an equitable and peaceful procedure for the resolution of differences, and the establishtnent ofrates ofpay, benefits, hours ofwork, and other conditions of employment. • The parties hereto pledge that they shall pursue the above objectives in full compliance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1984, as amended. l J n LJ AR'�IC�,E 1- RECOGNITION �g'� � l.l The Employer recognizes the Union as the sole and exclusive bazgaining agent for the purposes of establislvng wages, benefits, hours, and other conditions of employment for all of its employees as outlined in the certification by the State of Minnesota, Bureau of Mediation Services, under Case No. 73-PR-449-A, as amended, to read as follows: All regular, probationary, and provisionai engineering and building m.aintenance personnel who are employed by the City of Saint Paul or who have their "tenns and conditions of employment" established by the goveming body ofthe City of Saint Paul, and whose employment service exceeds the lesser of fourteen (14) hours per week or tivrty-five percent (35%) of the normal work week and more than si�cty-seven (67) work days per year in the following classifications: • • Building Maintenance Engineer, Chemical Feed System Repairer, C�istodial Wotker, C�stodian, G�astodian I, G�stodian II, Custodian-Engineer I, G�stodian-Engineer I-Library, Custodian-Engineer I-Public Safety, Llastodian-Engineer IT, C�astodian-Engineer II-Lbrary, Custodian-Engineer III, C.1�stodian Engineer III-Lbrary, Custodian (Light Duty), House Ctiastodian II, Maintenance Worker, Operating Engineer, Park Security Officer (Pazks), Pazk Securiry Officer-Lead, Police Security Ranger (Police), Pumping Engineer II, Security/Safety Officer-Library, Security Officer-Water iltility, Sewer Pumping Station Operator, Supervising Stationary Engineer, Water Plant Operator I, Water Plant Aide, Water Plant Worker, Water Treahnent Plant Operator II, Trainee (Custodian Engineer); excluding supervisory, managerial, clerical confidential, temporary, and emergency employees, those exclusively represented by other labor or employee organlzations, and a11 other employees. 1.2 The parties agree that any new classifications which are an expansion of the above bazgaining unit or which derive from the ciassifications set forth in tlus Agreement shall be recognized as a part of this bazgaining unit, and the parties shall take all steps required under the Public Employment Relations Act to accomplish said objective. ARTICLE 2 - DEFINITIONS 2.1 Collective Bargaining: The Employer will bazgain collectively with the Union and with respect to rates of pay, hours, and other conditions pertaining to employment for all of the employees in the unit hereinbefore set forth. 2.2 Maintenance of Standards: The Employer agrees that all conditions of employment relating to wages, hours of work, overtime differentiats, vacations, and general working conditions shall be maintained at not less than the lughest minunum standard as set forth in the Civil Service Rules ofthe City of Saint Paul, (Resolution No. 3250 and the Saint Paul Salary Plan and Rates of Compensation) at the time of the signing of this Ag�eement, and the conditions of employment shall be improved wherever specific provisions for improvement aze made elsewhere in this Agreement. ARTTCLE 2 - DEFINITIONS (Conlinued) 23 Discrimination: The Employer wilt not iuterfere witty restrain, or coerce the employees • covered by this Agreement because of inembership in or activity on behalf of the Union. The Empioyer wi11 not disccimiaate iu respect to hire, tenure of employment, or any term or condition of em�loyment against any employee covered by this Agreement because of membership in or activity on behalf of the Union, nor will it discourage or attempt to discourage membership in the Union, or attempt to enwurage memberslup in another Union 2.4 The term `Bmployer" shall mean the City of Saint Paul or the Saint Paul Water Utility. ARTICLE 3- DUES - FAII2 SHARE 3.1 Dues: The Employer agrees to deduct the Union memberslrip initiation fee assessments and once eacfi month dues from the pay of tfiose employees who indivitdually request in writing that such deductions be made. The amounts to be deducted shall be certified to the Employer by a representative of the Union and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representarive by the first of the succeed'mg month after such deductions aze made or as soon thereafter as is possble. 3.2 Fair share: Any present or future employee who is not a Union member sliall be required to contnbute a fair share fee for services rendered by the Union Upon noti&catiott by the Union, the Employer shall check offsaid fee from the eamings ofthe employee and � transmit the same to the Union. In no instance shall the required contnbution exceed a pro rata share ofthe specific expenses incurred for services rendered by the representative in relationship to negotiation and admuaistration of grievance procedures. 'I'his provision shall remain operarive only so long as specifically provided by Minnesota law, and as otherwise legal 33 The Union will indemnify, defend, and hold the Employer harmless against any claims made and against any suits instituted against the City, its officers, or employees, by reason of negligence of the Union in requesting or receiving deductions under this Article. The City will indeitmmify, defend, and hold the Union bannless against any claims made and against any suits instituted against the Union, its officers, or employees by reason of negligence on the part ofthe Employer in maldug or forwazd"mg deductions under this Article. ARTICLE 4 — iJNION RIGHTS 4.1 'Fhe Union may designate employees within the bazgaining unit to serve as Union Stewazds and shall be required to administer tivs Agreement. 4.2 The Union sha11 fiunish the Employer and appropriate department heads and Labor Relarions Manager with a list of stewazds and alternates, and shall, as soon as possble, notify said appropriate City officiaLs in writing of atty cbanges thereto. Only those who � aze officers and stewards shall be recognized by the Employer for the purpose ofineetings. `� ���'F�i1E 4 — �,'���31`� �RIGFY�'S (Contineaed) �g-�ya- • 43 1 here s'•iall te �o deduction from the pay of a stewazd when directiy invoived in meetings with management re3ating to the administration of this Agreement during working hours. 4.4 �es:gnate4' Union Representatives shall be permitted to visit employees on job sites and at d�uartment buildings during worldng hours for the purpose of the administration of this Contract. 4.5 Shap Steward: One (1) Shop Stewazd from each department will be allowed to accompany an employee's authorized representative during regutar working haurs for the purpose ofwage, salary, or fringe benefit discussions or other problems of their particular concem invoiviug employees of the City of Saint Paul under the following conditions: i) That only one (1) employee from any one (1) department be allowed to leave hislher work. 2) That the steward be expected to attend these meetings on his/her own time when they aze held outside ofhis/her regular working hours. 3) That adequate notice is given to the department heads so that pernussion may be obtained. 4} That the stewazd has officially been designated as such by the Union that he/she represents. 5) Union Conventions: Duly elected Union delegates shall be granted time off without pay for one week to attend such convention. Vacation or compensatory • time may be used for this purpose. The Union shall give at least ten (10) working days advance notice of the employees who will be participating in such conventions. Al2'I'ICL� 5 — SENIOp2ITY 5.1 Seniority, for the purpose ofthis Agreement, shall be defined as follows: The length of continuous, regular, and probationary service with the Employer from the date an employee was first appointed to a class title covered by this Agreement, it being further understood that seniority is confined to the current class assignment held by an employee. In cases where two (2) or more employees are appointed to the same class title on the same date, the seniority shall be deteru�ined by the empioyee's rank on the eligible list from wluch certification was made. 5.2 Seniority shall teinvuate when an employee retires, resigns, or is discharged and to employees who transfer to Independent School District No. 625. Civil Service Rule 8.A3 and CivIl Service Rule 14 shall not apply to applicants and employees who transfer from independent School Distriet No. 625. 5.3 In the event it is determined by the Employer that it is necessary to reduce the work force, employees will be laid offby ciass title within each department based on inverse length of • se:uority as defined above. ARTICLE 5 — SElvIORITY (Continned) 5.4 In cases where there aze promotional series, such as C`ustodian Engineer I, II, III, etc., � when the number of employees in the higher titles is to be reduced, employees who have held lower titles in the bazgain;nv unit will be offered reductions to the highest title to wlrich class seniority would keep them from bemg laid o� before layoffs are made by any class title m any deparbnent. 5.5 Recall from layoff shall be in invecse order of layo$ except that recall rights shall expire after two (2) years of layoff 5.6 It is understood that such employees wi11 pick up their former seniority date m any class of positions that they previously held. ARTICLE 6 — MANAGEMENT RIGHTS 6.1 The Union recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regularions of appropriate authorities. The rights and authority wluch the Employer has not officially abridged, delegated, or modified by this Agreement aze retained by the Employer. 6.2 A public employer is not required to meet and negoriate on matters of inherent managerial poficy, which include, but are not limited to, such areas of discretion of policy as the functions and programs ofthe Employer, its overallbudget, ut�lizarion oftechnology, and organizational structure and selection and direction and number ofpersonneL � ARTICLE 7— HOURS, PREMIUM PAY 7.1 Hours of Employment: The normal work day and the normal work week shall be eight (8) consecutive hours m any twenty-four (24) hour period and forty (40) hours in any seven (7) day period. (For employees on a shift basis, this shall be construed to mean an average of forty hours a week_) The normal work week shall consist of five (S) consecutive normal work days. Withiu the Division of Lbraries, the nomial work week shall consist of five (5) consecutive normal work days followed by two (2) consecutive days off 7.2 Call-in-Pay: When an employee is called to work he/she shall receive two (2) hours pay ifnot put to work. If an empioyee is catled to work and commences work, he/she shall be gvaranteed four (4) straight time hours pay, or one and one-half (1.5) times the employee's normal hourly rate for the actual number ofhours worked, whichever is greater. These provisions, however, shall not be effective when work is unable to proceed because of adverse weather conditions; nor shall these provisions apply to temporary or emergency employees nor to employees employed under any of the titles listed in Section 3.M of the Civil Service Rules under the heading "Special Employments"; nor to any person whose regulaz scheduled work day is less than four (4) hours. • A�'�'I�I�� '7 - ��iTI3�, PitEMIiJM P�,Y (Continued) b$��f 12- • 7.3 �ver2uus: Time on the payroll in excess o£the normal hours set forth above shallbe "overtir,�e work" and sball be done only by the order of the head of the department. An �aployee shall be recompensed for work done in excess of the normai hours by being ,�anted compensatory time on a time and one-half (1.5) basis or by being paid on a time and one-half {1.5) basis for such overtime work. The basis on which such overtime shall be �iaid shall be detenuined by the employee provided there is money in the budget. In the Division of Lbraries, overtime which is scheduled overtime shall be paid at the discretion of the Employer; overtime which is unscheduled shall be at the choice of the employee y�rovidesi there is money in the budget. The overtime rate of one and one-half (1.5) shall be computed on the basis of i(80` of the bi-weekly rate. 7.4 Pa�ernium Pay: To any employee who works on a regularly assigned shift beginning earlier than 6:00 a.m or ending later than 6:00 p.m, provided that at least five (5) houzs of the shift aze worked between the hours of 6:00 p.m and 6:OQ a.m, there shall be paid a night differential for the entire shift. To any employee who works on a regulazly assigned shift, beginning earlier than 6:00 a.m or ending later than 6:00 p.m, but less than five (5) hours ofthe shift are worked between the hours of 6:00 p.m and 6:00 a.m, there shall be paid a night differential for the hours ti�, orked between the hours of b:DO p.m and 6:00 am Notwithstanding Section III A of the Saint Paul Salary Plan and Rates of Compensation, • employees working at the Water Utility's Filtration Plant and who are regularly assigned to a shift wluch begins at 2:30 p.m shall be eligxble for the night differential as stated in Section III A for the entire shift. 7.5 The night differential shall be five percent (5%) of the base rate, and shall be paid only for those night shifts actually worked; provided, however, that the provisions of this subsection shall not apply to employees holding titles listed in Section II of the Saint Paul Salary Plan and Rates of Compensation under the heading "Special Employments" in this barganring unit. 7.6 A premium pay of $.25 per hour shall be paid for all swing stage work, such as any work performed from a boatswain's chair or a swing scaffold, fifty (50) feet or more above the ground. All standard safety laws shall be complied with. 7.7 Notwithstanding Article 7.1, employees may, through mutual agreement with the Employer, work schedules other than schedules limited by the normai work day and v�ork wee�c as set forth in Article 7.1. Overtime compensation for employees working under such agreaments shall be subject to the provisions, for same, as set forth by the Fair Labor Standazds Act. • ARTICLE 7— HOURS, PREMIUM PAY (Continued) 7.8 For employees who wish to share a position, the Employer will attempt to pmvide options • for implementing a sharing arrangement. Such an arrangement must be mutually agreed upon by the Employer and the employces involved. Vacation, holiday, and sick leave benefits for employees who share a position shall be pro-rated based upon the percent of hours worked. Heahh insurance benefits shall be administered in accordance with the provisions ofArticle 15 (Insurance) ofthis Agreement. In tke event that one ofthe employees participating in the shared position is terminated or terminates employment, the Employer shall post tke job sharing vacancy for a period often (10) days. I� at the end of ten (10) days, such vacancy cannot be filled, the Employer shall have the option of increasing tfie r�a;n;,,g employee's work hours. 7.9 Articles 7.7 and 7.8 shall not be subject to the provisions of Article 14 (Discipline/Grievance) ofthis Agreement. ARTICLE 8 — SICK LEAVE 8. 2 Sick Leave: Sick leave shalt accvmulate at the rate of 0.0539 of a working hour for each full hour on the payroll, excluding ovextime. Sick leave accumulation is unlimited. To be eligble for sick leave employees must report to their supervisor no later thau one-haif hour past their regular scheduled starting time. The granting of sick leave shall be subject to the tenns and provisions of Resolution No. 3250 ofthe City of Saint Paul. 8.2 Sick Leave for Employee: Any employee who has accumulated sick leave credits as • provided above in 8.1 shall be granted leave with pay for absences due to illness or injury of the employee, for such period of time as the employee's supervisor deems necessary. Employee may be granted leave with pay for such time as is actually necessary for office visits to a doctor, dentist, optometrist, etc. 8.3 Use of Sick Leave for Employee Child: An employee may use sick leave for absences due to an illness of the employee's child for sach reasonable periods as the emploqee's attendance with the child may be necessary, on the same terms the employee is able to use sick leave for his/her own illuess. 8.4 Use of Sick Leave for ParentlHousehold Member: In the case of a serious illness or disability of an employee's child, parent, or household mzmber, the head of the department shall grant leave with pay in order for the employee to care for or make arrangements for the care of such sick or disable�l persons. Such paid leave shall be drawn from the employee's accumulated sick leave credits. Use oPsuch sick leave shall be limited to forry (40) hours per incident. ARTICLE 9— LEAVE OF ABSENCE 9.1 Leave of Absence: After three (3) month's employment, an employee may make application for a leave of absence not to exceed one year. A leave of absence shall be • granted on the basis established in the Civa1 Service Rules (Resolution No. 3250). r 1 � � l�i�'i"�C�,� � - �.s+'t� �� ��' �S�i`10E (Continued) l�$ ���I �' 9.2 �il'afax g€.eave: Any employee who engages in aotive service in time of war or other er.iergzrcy declar�3 oy proper authority of any of fhe military or naval forces of the state or of'the UniYed States for which leave is not otherwise allowed by law shall be entitled ta l�ave of absence &om employment without pay during such service with right of reu�statement and su�ject to such condirions as aze imposed by law. Military leave shall coniorm to Minnesota Statute, Section 192, as amended from time to time and shall confer no ad3itional benefits other than those granted by said statute. 9.2 (i) Y'ay Aiiowance: Any employee who shall be a member of the Narional Guard, the Naval Mili*.ia, or any other component of the militia of the state, now or hereafter organized or constituted under state or federal law, or who shall be a member of the Officer's Reserve Corps, the Enlisted Reserve Corps, the Navai Reserve, the Marine Corps Reserve, or any other reserve component of the military or naval force ofthe United States, now or hereafter organized or constituted under Federal law, shall be entitled to leave of absence from empioyment without loss of pay, seniority status, efficiency rating, vacation, sick leave, or other benefits for all Yhe time when such employee is engaged with such organization or component in trauiiug or active service ordered or authorized by proper authority pursuant to iaw, whether for state or federal purposes, provided that such leave shall not exceed a total of fifteen (15) days 3n any calendaz year and, fiuther provided that such leave shall be allowed only in case the required military or naval service is satisfactorily performed, which shall be presumed unless the contrary is estabiished. Such leaue sha11 not be allowed unless the employee: (1) retums to his/her position immediately upon being relieved from such military or naval service and not later than the eacpiration of tixne herein limited for such leave; or (2) is prevented from so returning by physical or mental disability or other ca�se not due to such employee's own fauit; or (3) is re�uired by proper authority to continue in such military or naval service beyond the time herein limited for such leave. � 9.3 .�u� d3uty: Employees who are required to appeaz in court as jurors or witnesses shall be paid their regular pay while they are so engaged, provided however, that any fees that �mployees may receive from the court for such service shall be paid to the Employer and be deposited with the Director of Financial Services. Any employee who {s scheduled to work a shift, other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as he/she is required to appear in c;ourt as a juror ar witness. 9.4 Maternity and Pareatal Leave: Pregnant employees of the City of Saint Paul shall be eligible for the use ofpaid sick leaue and unpaid leave of absence in the same manner as any other d•:sabled 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 tem�s of her abiliry to perform the duties of her position. ARTICLE 9— LEAVE OF ABSENCE (Continued) 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 mutuat agreement between the employee and the Emptoyer. Refusal on the part ofthe Employer to grant an e�ctension of such leave shall not be subject to the provisions of Articlel4 (Discipline/Crrievance) of this Agreeiuent. Employees who retum foIlowing such leaves of absence shall be placed in a position of equivalent salary and tenure as the one held just prior to the begnuvug of their leave. 9.5 School Leave: An employee shall be granted up to a totai of sixteen (I6) hours during a school year to attend school conferences or classroom activities related to the employee's child, provided Yhe conferences or classtoom activities cannot be rescheflulec3 during non- work hours. If the need for the leave is foreseeable, the employee must pmvide reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operation of the Employer. An employee shall be allowed to use vacation or compensatory timie for this Ieave; otherwise this leave shall be without pay. 9.6 Funeral Leave: flny employee who has accumulated sick leave credits, as provided iu the Civil Service Rules, shall be granted such leave to attend the funeral of the employee's grandpazent or grandcYrild and as much time as the Employer deems necessary for the death of the employee's mother, father, spouse, child, brother, sister, mother-in-law, • father-in-law or other person who is a member ofthe household. ARTICLE 10 - SEVERANCE PAY 10.1 General: The Employer shall provide a severance pay plan as set forth in this Article. T"he manner of payment of such severance pay shall be made in accordance with the provisions of City Ord'mance No. 11490. This severance pay pmgram shall be subject to and governed by the pmvisions of City Ordinance No. 11490 except in those cases where the specific provisions of this Article conflict with said ordinance and 'm such cases, the pmvisions of this Article shall controL 10.2 Eligibility: Effective January 1, 2004, an employee must meet the following requirements to receive a benefit under thas plan. 1) The employee must be voluntarily separated from City employment or have been subject to separation by layoffor compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetence, or any other disciplinary reason aze not eligible for the City severance pay program. For the purpose of this severance program, a death of an employee st�all be considered as sepazation of employment and if the employee would have met all of the requirements set forth 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 this 0 u • • t����C3�� �i� - ����u�I�i�E �'AY (Continued) 2} 3) 4) b8'�`� �' szveraece gragram, a transier from the City of Saint Paul employment to independ;nt School I3istrict No. 625 employment is considered a separation of d�+lo}�eat, and such tzansferee shall be eligible for the City severance program For the purpose of this Article, service requirements for severance eligibility will not include years of service with the Independent School District No. 625 for vmployEes hired by the City or transferred to the Ciry after December 31, 1998. The ensployee must file a waiver of r�employment with the Human Resources Director, which wffi cleazly indicate that by requesting severance pay, the empioyee waives all claims to reinstatement or re-employment (of any type), with th� City. The employee must have a ininimum of twelve (12) yeazs of service and six hu .dred (600) hours of sick leave credits at the time of his/her separation of service from the City. If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay as shown b�Iow. Muumu. 12 years of service and accrued sick leave credits of: 600 7�0 800 90a 1000 1100 1200 1300 1400 1500 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 $15,000 103 For any ernployee who is eligible to receive severance from the City under this Article, the City will ccantnbute one hundred five percent (105%) of the full amount of their severance payment to a Post Employment Health Plan (PEHP) in lieu of any cash payment to the employee. A�'Y'I�'I.E � i — CdTY 1bII�EAGE i 11 A.utomobile Iteimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Admuiistrative Code, as amended, pertaixung to reimbursement of City officers and empioyees for the use of their own automobiles in the perforniazice of t�eir duties, the following provisions are adopted. � ARTICLE 11- CITY MILEAGE (Continued) 11.2 Method of Computation: To be eligble for such reimbursement, all officers and • employees must receive written authorization from the Department Head. Effective 7anuary 1, 2010 (or closest pay period), employees shall receive the current IRS mileage reimbursement rate as modifred from rime to time by the IRS. The Type i and Type 2 reimbursement p]ans below shall be eliminated. Type 1 Tf an employee is required to use his/her own automobile Occasionally during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually used in perfonming the duries of the employee's posirion. In addition, the employee shall be reimburse@ $.20 per mile for each mile acivally driven. If such emp2oyee is requ'sed to drive an automobile during employment and the department head or designated regresentative determines that an employer vehicle is available far the employee's use but the employee desires to use ]�is/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligble for any per diem Type 2 If an employee is requ'sad to vse his/her own automobile Regcilarly during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shatl be reimbursed $.20 per mile for each mile actually driven. • If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use buY the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and sha11 not be etigible for any per diem. 113 The City w�l provide pazldng at a location and manner of the employer's choice within a reasonable distance ofthe work site for City employees on either ofthe above mentioned types ofreimbursement plans who aze required to have their personal car available for City business. Such parldng will be provided only for the days the employee is required to have his/her own personal car available. 11.4 Rules and Regulafions: The Mayor shall adopt rutes and regutations governing the procedures for automobile reimbursement, wtuch regulafions and rules sl�all contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and fiuther require that they maintain automobile liability insurance in amounts of at least the minimums reqvired by the StaYe of Mimiesota These rules aud regulations, together with the amendment thereto, shall be maintained on file with the city clerk. • 10 • • � A�"�"IC� � �z - ��IDENCY � - �f��-- 12.I T�e Residency Resolution effective August 4, 1979, in Council File No. 2?3378 shall apply to all employees covered by Uvs Agreement. ARTYCL�.13 — WORKING OUT OF CLASSIFICA3'ION 13.1 The Employer shall avoid, whenever possi�le, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assigiment for a period in excess of fifteen (15) consecutive working days shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sizteenth (16"`) day of such assignment. For the purpose of this Articte, an out-of-class assigument is defined as an assi�xnent of an employee to perform, on a full-time basis, all of the significant duties and responsibilities of a position different from the employee's regular position, and which is in a classification higher than the classification held by such employee. The rate ofpay for an approved out-of-class assignment shall be the same rate the employee would receive if such employee received a regulaz appointment to the higher classification. A.RTICLE 14 — DISCIPLINE/GRIEVANCE 14.1 The Employer will discipline employees for just cause only. Discipline will be in the form of. 1) Oral reprimand; 2) Written reprunand; 3) Suspension; 4) Reduction; 5) Discharge. 14.2 A notice in writing of suspensions, reductions, and discharges shall be sent to the employee and the Union seventy-two (72) hours after such action is taken. 14.3 Employees and the Union will receive copies of written reprimands and notices of suspension and discharge. 14.4 Employees may examine all inforxnation in the Employer personnel file that concerns work evaluations, commendations andlor disciplinary actions. Files may be examined at reasonable times under the direct supervision of the Employer. 14.5 Discharges will be preceded by a five (5) day prelnnniary suspension without pay. During said period, the exnpioyee andlor Union may request, and shall be entitled to a meeting wifh the Employer representative who initiated the suspension with intent to discharge. During said five (5) day period, the Employer may affinn the suspension and dischazge or may modify, or withdraw sasne. 11 ARTICLE 14 — DISCIPLINE/GRIEVANCE (Continued) 14.6 An employee to be questioned concerning an investigation or disciplinary action shall have • the right to request that a Union representative be present. 14.7 The Employer shall recognize stewards selected in accordance with Union rules and regulations as the grievance representative of the bazgaining unit. The Union shall notify the Employer in writing of the names of the stewazds and of their successors when so named. 14.8 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsbilities of the empioyees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsbiliries. The stewazd involved and a grieving employee shall suffer no loss in pay when a grievance is processed during worldng hours, provided, the steward and the employee have notified and receivefl the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 14.9 The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, which aze defined as an alleged violation of the terms and conditions of this Agreement. It is understood that issues ttot related to terms and conditions of employment (for example: topics listed in Civil Service Rule 26 III A, B, C: perfoxmance reviews, examinations, and classificarion) shall continue to be processed in accordance with the grievance procedure outlined in the Civil Service Rules. Grievances � shall be resolved in conformance with the following procedure: Step 1 Upon the occurrence of an aileged violation offihis Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the emp2oyee's supervisor. Ifthe matter is not resotved to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written gievance shail set fortfi the nature of the grievance, the facts on wluch h is based, the alleged section(s) ofthe Agreement violated, and the reliefrequested. Any alleged violation ofthe Agreement not reduced to writing by the Union witkrin fourteen (14) calendaz days of the first occurrence of the event giving rise to the grievance or witkin the use of reasonable diligence should have had knowledge ofthe first occurrence ofthe event giving rise to the grievauce, sk�all be considered waive@. 9tep 2 Witivn seven (7) calendar days after receiving the written grievance a@esignated Employer supervisor shall meet with the Union Steward and attempt to resolve the grievance. I� as a result of tivs meeking, the grievance re*nainc unresolved, the Employer shall reply in writing to the Union within three (3) calendaz days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) • calendar days following receipt of the Employer's answer shall be considered waived. 12 ARTI��� 14 — �I�Ci��I��tE/GRIEVANCE (Continued} (I$�y'�j 2- • Step 3 Witkrin seven ('� calendaz days £ollowing receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If as a result of the written response the grievance r�+�+a�n� unresolved, the Union may refer the grievance to Step 4. Any grievance not referred to in writing by the Uaion to Step 4 within seven (7) calendar days following receipt of the E�ployer's answer shall be considered waived. Step 4 If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The azbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an azbitrator within the said seven (7) day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Empioyer and the Union shall have the right to stnke two (2) names from the panel. The Union shall strike the first (1�) • nazne; the Employer shall then stnke one (1) name. The process will be repeated and the r�+��n;ng person shall be the arbitrator. 14.10 The azbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall 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 vatying in any way the applicatiott of laws, rules, or regulations having the force and effect of law. The azbitrator's decision shall be submitted in writing within thu�ty (30) days following close of the hearing or the submission ofbriefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the eicpress tenns of this Agreement and to the facts of the grievance presented. The decision of the azbitrator shall be final and binding on the Employer, the Union, and the employees. 14.11 The fees and expenses for the azbitrator's services and proceedings shall be borne equally by the Employer and the LTnion, provided that each pariy shall be responsible for compensating its own representatives and witnesses. If either pariy desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the • record. 13 ARTICLE 14 - DISCIPLINE/GRIEVANCE (Continued) 14.12 The time limits in eack step of this procedure may be esctended by mutuai agreexnent ofthe • Empioyer and the Union. ARTICLE 15 - INSURANCE Active Employee Insurance 15.1 The insurance plans, premiums for coverage, and benefits contained in the insurance plans offered by the Employer shall be solely controlled by the contracts negoriated 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 selectixig the offered plans agree to accept any changes in benefits which a specific provider unplements. 15.2 For the purpose of this Article, full-time employment is defined as appearing on the payroll an average of at least thirty-two (32) hours per week for the twelve (12) month period preceding the annual open enrollment or special enrollments, or for the siz (6) month period preceding initial enrollment. Three-quarter time employment is defined as appearing on the payroll an average of at least twenty-six (26) hours per week, but less than tlurty-two (32} hours per week, for the twelve (12) month period preceding the annual open enrollment or special enrollments, or for the six (6) month period precediug initial enrollment. • Half-time employment is defined as appearing on the payroll at least twenty (20) hours per week, but less than twenty-six (26) hours per week, for the twelve (12) month period preceding the annual open enrollment or special enrollments, or for the six (6) month period preceding the initial enrollment. 15.3 For each eligible employee covered by tivs Ageement who is employed half-time and who selects employee health insurance coverage, the Employer agrees to contnbute fifty percent (50%) of the aznount contn'buted for full-time employees selecting employee coverage in the same insurance plan. For each half-time employee who selects fanu�y health insurance coverage, the Employer agrees to contnbute fiftypercent (50%) ofthe amount wntnbuted for full-time employees selecting family health insurance coverage in the same mc��ra plan. For each eligible en�loyee covered by tl�is Agreement who 4s ennployed three-quarter rime and who selects employee health insurance coverage, the Employer agrees to contn'bute seventy-five (75%) ofthe amount contnbuted for full-time employees selecting employee coverage. For each three-quarter time employee who selects family health insurance coverage, the Employer agrees Yo contnbute seventy-&ve percent (75%) of the amount contnbuted for fiill-time employees selecting family health insurance coverage. • 14 �.�'v'1C��b.�., 15 — AI�����l�IC� ���s�a�can��s�$ ���G� • I5.'� �:�ectide f�r the 3aauary 2v^08 insu, pre:ui�.zms, ;or each elig_`b?e employee covered by �s .��ee:�eat ;�rl is e�plcyed full-time ar.d �ho selects single enployee health �ns;�r�. :,e caverage provided �y t?�e E•apioyer, the �, ?piaye: ao �es ±o contnbute the follewir.g ano�ts: Open Ae�ess with $1,500 Deduch'o�e: 1'rimanj Cliflic wi�� �504 De3uctble: L'i�tir.ctions: a427.25, plus $I00 (to be deposited in an account deternvr,ed by the LMCHI.) �525.51 $457.54 For eac'�a elig�ble fi,itl-time employee whe selects family heai_th insurance coverage, the Emgloyer a�ees tc �ntnbute the follow;ng amcunts: Open Access with $1,500 Deduchble: $1,040.75 �rimary Cl:nic with $500 Deductible: $901.$6 �istinctions: $901.86 • 15.5 Fff�ctive fcr the January 20�9 insurance premiums, for ea�h eligible employee covered by ?�'ais Agreement wlao is employed full-time an�l who selects single employee health iasurance coverage provided by the Employer, Yhe Emplc�yer agrees to contnbute the iollowing amounts: O�en Access with $1,504 Deductble: $467.84, plus �I�JO {to be deposited in an acco�ant detemlinned by the LMCHI.) $567.93 $482.54 �'timary Clinic with $500 Deductble: �is49nctions: �or each eligible futl-time empioyee wl:a selects family h�alth insurance coverage, the �;�ployer agrees to contnbute the following amounts: t3pen Access with $1,50� Deductible: $1,120.75 Primary Clinic with $500 Deduchbie: $926.86 iJistinctions: $926.86 1 S.6 Effective for the January 2010 insurance premiums, for �ach eligible employee covered by this Agreement who is employed full-time and who selects singie employee health in�urance coverage provided by the Employer, the Employer agrees to contnbute the following amounts: Open Access with $1,500 Deductble: Primary CLnic with �500 Deductble: Distinctions: • $512.28, plus $100 (to be deposited in an account detennined by the LMCHI.) $615.10 $507.54 15 ARTyCLE 25 — INSURANCE (Continued) For each eligible full-time employee who selects family health insurance coverage, the Employer agrees to contnbute the following amounts: Open Access with $1,500 Deduchble: $1,214.00 Primary Clinic with $SQO Deduchble: $951.86 Distinctions: $951.86 In addition, the Employer will contnbute the cost for $20,000 life insurance until the retiree attains the age of sixty-five (65). 15.7 Notwithstanding Article 15.3, eligble employees covered by this Agreement and employed half-time prior to 7anuary 1, 1986, shall receive the same insurance contn'butions as a full-time employee. This Article, 15.7, applies only Yo eligible employees who were employed half-time during the month of December, 1985, and shall continue to appty only as 2ong as such employee re�*�ainc continuously empIoyed haif-time. Retiree Insurance 15.8 Employees who retire must meet the following conditions at the time ofretirement m order to be eligible for the Employer contnbutions, listed 'm Sections 15.9 through 15.IZ below, towaxd a heaith insurance plan offered by the Employer: 1) Be receiving benefits from a public employee retirement act at the time of retirement, and 2) Have severed his/her relationship with the City of Sainf Paul for reasons other than misconduct, and 3) Have completed at least twenty (20) years with the City of Saint Paul or fifteen (1 S) years if receiving a disability pension. 4) Service requirements for retiree health insurance eligib�7ity will not include years of service with Independent School District No. 625 for employees hired by the City, or transferred to the City, after December 31, 1998. 5) Addirional dependants beyond those of record at the time of retirement may not be added to the retiree's health insurance plan at City ea�pense after retiremenY. Early Retiree 15.9 This Section shall apply to full-time employees who: 1) Retire on or after January 1, 1996, and 2) Were appointed on or before December 31, 1995, and 3) Haue not attained age sixty-five (65) at retirement, and 4) Meet the terms set forth in Secrion 15.8 above, and 5) Select a health insurance plan offered by the EmpIoyer. U � • 16 A��Y��,� 15—�I�i��iT�I�T�� ��am���ed) b g'�ya- • tintil such employees r�ach s;lcty-fivv (65) y�azs of age, the Employer agrees that for retirees selecting s:ngle coverage, the Employer will provide the same contnbution as is �� �-°ai�ePi for act?1 e euzployees selecting singie coverage under this agreement. This amount, however shatl not exceed $350.00 per month. For employees selecti�g f�.*-�ily health iususance coverage, the Employer will wntnbute $350.00 per month towazd t�he premium for fanuly health insurance coverage. Any unused p�rtion of the Emp;oyer's contnbution shall not be paid to the retiree. When such early retirae attains age sixty-five (65), the provisions of Section 15.11 shall apply. 1 �.10 T�is Section shall apply to fuil-time employees who: 1) Retire on or after January 1, 1996, and 2) Were appointed on or after January 1, 1996, and 3} Have not attained age siacty-five (65) at retirement, and �) Maet the conditioas set forth in Section 15.8 above, and 5) Select a health insurance plan offered by the Employer. Until such retirees reach sixty-five (b5) years of age, the Employer agrees to contnbute a maximum of $300.00 per month toward the cost of siagle or familq health insurance coverage. Any unused portion shall not be paid to the retiree. • ST�/hen such eazly retiree attains age sixty-five (65), the provisions of Section 15.12 shall apply. Regular IL�tixees (Age b5 and over) i�.l 1 This Sec2ion shall apply to full-time employees who: 1) Retire on or after January 1, 1996, and 2) Were appointed on or before December 31, 1995, and 3j Have attained age su�ty-five (65) at retirement, and 4) Meet the terms set forth in Section 15.8 above, and 5) Select a health insurance plan offered by the Employer. The Empioyer agrees to contnbute a ina�citnuxn of $350.00 per month toward the premiuxn for single or family health insurance coverage offered by the Employer to regular retirees a.�d their dependents. Any unused portion of the Employer's contn�bution shall not be paid to the retiree. This Section shall aiso apply to eazly retirees who retired under the provisions of Section 15.9 when such eazly retirees attain age siYty-five (65). • 17 ARTICLE 15 — INSURANCE (Continued) 15,12 This Section shall apply to full-time employees who: 1) Retire on or after January 1, 1996, and 2) Were appointed on or after January 1, 1996, and 3) Have attained age sIICty-five (65) at retirement, and 4) Meet the terins set forth in Sections 15.8 above, and 5) Select a health insurance plan offered by the Employer. The Employer agrees to contnbute a ma�cimum of $300.00 per month toward the cost of smgle or family health insurance coverage offered to regular retirees and their dependents. Any unused portion shall not be paid to the retiree. Tlus Section shall also apply to early retirees who retired under the provisions of Section 15,10 when such eazly retirees attain age sixty-frve (65). 15.13 If an employee does not meet the condirion of Section 15.8 (3), but does satisfy the conditions in 15.8 (1) and (2), 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. • 15.14 A retiree may not cany his/her spouse as a dependent if such spouse is atso a City retiree or City employee and eligible far and is enrolled in the City's kealth insurauce pmgram. . 15.15 For each eligcble employee the Emptoyer agrees to contnbute the cost $20,000 ofIife insurance coverage. 15.16 Any cost of any premium for any City offered ennployee or family insurance coverage in excess of the dollar amounts stated in this Article shall be paid by the employee. 15.17 The Employer will provide a system whereby the employee's contnburion toward the premiums for the employee's selected health inc�,Tance wverages can be pai@ on a pre-taY basis. Employees covered by the Agreement will be efigble to participate in the Flexible Spending Account as offered by the Employer. The service fee charged to participating employees shall be paid by the Employer. 15.18 Employees covered by this Agreement shall be eligble to participate in the Dependent Care Reimbursement Account offered by the Employer. The service fee charged to participating employees shall be paid by the Employer. 15.19 The contnburions indicated in this Article shall be paid to the Employer's Third Party Administrator. � U Ef? t��'I'���,�'+s 15 — ��T��'�t�1"d��+ (�ofla�BZt��t�Z • . g.�jqa- 3urvzvor �nsarat��e � 15.20 T'?:; s,i vxvi,�g spoi:se of sn es,pioy� ca.�ry;ng fa.u,iiy coverage at the time ofhis/her death d�se to a job connected injurj or illn�s wirich was detennined to have arisen out of and in the course oFhis/her sm� un�er worker's campensation law shall continue to be eizglbie for rity can�^J3utios in t�e same proportians as is provided for retired employees In the event of the de�tn of an early retiree or a=egulaz retiree, the dependents of the retirse skall have the option within thirty (30) days, to continue the current hospitalization and inedical benefits which said dependents previously had, at the premiiun and Employer con.nbution accor3ed to the eL�bie deceased retiree. It is further understood that coverage sha11 cease in ihe event of: i) Subsequent reinarriage of the surviving spcuse ofthe deceased empioyee or retiree. 2) The employment of th� surviving spouse or dependent where health insurance is obtained tkirough a group program provided by said employer. In this event, hov��ver, the surviving spouse et dependent shall have the right to maintain City health ins�zranc� for the first ninety (90} days of said employment. i �3 (�•.' • 16.1 �oliday r2eognized �nd observed: The following days shall be recognized and observed as paid holidays: New Years' Day — January 1 Martin Luther King Day — 3` Monday of January Presidents' Day — 3` Monday of February Memorial Day —The last Ivionday of May Indep�ndence Day — July 4 Labor Day-1�` Monday of September Veterans' Day—November 11 Tfianksgiving Day — 4` Thursday of November The Day after Thanksgiving Christmas Day — December 25 Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. 'Whenever aay of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. [As clarification, floating holidays were included i�z the vacation accrual schedule January 1, 2002.] For those employees assigned to a work week other than Monday through Friday, the • holiday shall be observed on the calendar date of the holiday. 19 ARTICLE 16 — HOLIDAYS (Continued) 16.2 Eligibility Requirements: 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 eazned shall be based upon the number of non- holiday hours paid during that pay period (See proration charts in the Saint Paul Satary Plan and Rates of Compensation) For purposes of this Section only, non-holiday hours paid include hours actvally worked, vacation time, compensatory time, paid leave, and sick leave. In neither case shall the holiday be counted as a worldng day for the purposes of this Section. It is fiuther understood that neither temporary, emergency, nor other employees not heretofore eligible shall receive holiday pay. 16,3 If an employee enrifled to a holiday is required to work on Martin Luther King Day, Presidents' Day, Veterans' Day, or the Day after Thanksgiving, he/she shall be granted another day offwith pay in lieu thereof as soon thereafter as the convenience of the department permits, or heJshe shall be paid on a straight time basis for sach hours worked, in addition to his/her regular holiday pay. Employees assigned to a twelve (12) hour shift shall have holiday overtime using a twelve (12) hour value. If an employee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Bay, or Christmas Day, he/she shall be recompensed for work done on this day by being granted compensatory time on a time and one-haif (1.5) basis or by being paid on a time and one-half (1.5) basis for such hours worked, m addition to his/her rega2ar holiday pay. Employees assigned to a twetve (12} hour strift shall have holiday overtime using a twelve (12) hour value. � ARTICLE 17 — VACATION 17.1 Vacation credits shall accumulate at the rates shownbelow each full hour on the payroll, excluding overtime. Hours of Vacation Years of Service .0462 (12 days) 1 st yeaz thru 4th year .0692 (18 days) Sth year thru 9th yeaz .0807 (21 days) l Oth year thru 15th year .0962 (25 days) 16th yeaz thru 23rd year .1077 (28 days) 24th year and thereafter 1'7.2 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 the `�acation year" shall be the fiscat yeaz (TRS payroll reporting year). 17.3 The above provisions ofvacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Sub. FI., uniess the Contract provisions directly conflict with the Salary Plan. In such cases, the lauguage ofthe Contract shall supercede/replace the � conflicting language of the Salary Pian. � �€'I'�CL,� 17 — �J�.�'�i'TIt�3+I (Con�nued) bg��� ?- • 17.4 If au em; loyee has an accumulation of sick leave credits in excess of one hundred eighty days, he/sha may convert any part of such excess of vacation at the rate of one-half day's v�;�aqio�i for each da; of sick leave eredit. Ti_:e maximum number oi days' vacation allowed by the conversion of sick leave credits shall be no mo: e?ra� five (5) days in any one `�acation yeaz". 17.5 For p�:sposes of this Arti�le qualifying years of service shall be determined based on calsndas year ef service. This shall apply to both part-time and full-tixne employees. AI�TI�L� 1$ — �'4'AGE �CHEDULE 18.1 The wage schedule for purposes of this Contract shall be Append'uc A attached hereto. The basic hourly wage rates in AppendiY A reflect the foIlowing increases: 2008: Effective OS/Ol/08 2009: Effective 04/01/09 2010: Effective Ol/Ol/10 3.25% (or closest pay period) 3.25% (or closest pay period) 3.25% (or closest pay period) Retroactive pay adjustments shall apply to all active employees ofthe bargaining unit on the date of signing of the agreement except those who have been tennivated for cause. • r��'�'A��,E 19 —�TIPII�S, LOCKOUTS, WORK INTER]FERENCE 19.1 The Union and the Employer agree that there shall be no strikes, work stoppages, slow-downs, sit-downs, stay-ins, or other concerted interference with the Employer's ousiness or affairs by said Union and/or the members thereo� and there shall be no bannering during the e�stence ofthis Agreement without first using all possible means of �;eaceful settiement of any controversy which xnay arise. AR'TiCI,E 20 — NON-DIS�RIMINATION 20.1 The tenns and conditions of this Agreement will be applied to employees equally without rega:d to, or discrinvuation for or against, any individual because of race, colox, creed, se�y age, or because of inembership or non-membership in the Union. 20.2 Employees will perform their duties and responsibilities in a non-dis�+�+minatory ma�uier as such duties and responsibilities involve other employees and the general public. ARTICI,E 21— SAFE�'Y SHOES/iJNIFORMS 21.1 The Employer agrees to pay $100.00 per year toward a safety shoe allowance for an employee who is a member of this unit. The contnbution shall be made as a cash payment . to be placed on the paycheck. The Employer contnbution shall apply only to those employaes who are required by the Employer to wear protective shoes or boots. 21 ARTICLE 21— SAFETY SHOES/CTNIFORMS (Continued) 21.2 For the purposes ofthis Section 21.2, it is understood that employees shaIl onty be • reimbursed for uniform items that aze qvalified as non-taxable and reimbursable under the Water Utitity's uniform policy. Newly fiired employees shall receive a one-time reimbursement for initial uniform items purchased up to $289.00. The Employer agrees to provide a uniform alIowance of up to $100.00 per caiendar year towazd the cost of replacing uniforms for those employees who have participated in the uniform program in the previous qear. Effective January 1, 2009 (or closest pay period), the uniform allowance shall be $125.00. For 2008 only, employees with an accumulated uniform batance as of December 31, 2007, shall be allowed to utilize the balance on a reimbursement basis. Any remaining balauce as of December 31, 2008, shall be forfeited by the employee. Employees must provide pmof of uniform purchase to be reimbursed. Employees participating in the program are responsble for care and upkeep of the uniform, must wear the uniform, and must reriun all reimbursable items to the Water Utility upon term�nation. Effective Januaty 1, 2009 (or closest pay period), such uniform allowance shall be made as a cash payment to be placed on the paycheck. 213 The Ciry shall furnish uniforms at no cost to employees required to wear a uniform who work in the Sewer Division of the Public Works Department. The Employer shall retain the discretion to determine the uniform to be worn 21.4 The Pazks & Recreation Department shall fumish uniforms at no cost to employees in the title of Pazk Security O�cer. The Employer shall retain the discretion to determnine the uniform to be wom � • 21.5 The Police Department shall fiunish uniforms at no cost to employees in the title of *Park Ranger and Police Security Ranger. The Employer shall retain the discretion to determine the uniform to be worn. For full-time pennanent Police Securiry Rangers and *Park Ranger the Employer agrees to pay $75.00 per calendar year toward the purchase of one pair of boots to a maximum benefit of $150.00 should an employee not utilize the benefit during a previous calendar year. 21.6 Except for Water UU7ity employees choosing not to participate in the uniform program as descrbed in 21.2, all employees worldng in any City Department who aze provided a uniform shall wear such specified uniform. ARTICLE 22 — DEFERRED COMPENSATION 22.1 Effective January 1, 2006, employees witlz at least one year ofservice will be eligeble for a $200.00 defened compensation match by the Employer subject to the criteria listed below. This match shall continue during each year ofYhis Agreement. • 22 ���I'I�3�E 22 - D�F'ET�� CQ��P�i�T�ATION (�ontinued) � �g-�ya-- 22.2 Eligibiiiry"ard 'anpiementation: a) Fcr initial maYch �ployees must have been employed for a minimum of one (I ) �alendaz yeaz. b) �mployzes must be a member of the bazgaining unit for a minimum of one (1) calendar year. c) Employees must have made their complete contn'butions by Deceinber 31�` of the pr�vious calendaz yeaz. d j City matches will be made by April 1 of the following yeaz. • • e) Employees must be on the payroll as of the date of deferred wmpensation match f} If an em�Ioyes takes a leave of absence to serve as a full-time union official, time se: ved in such capacity, up to six years, will be counted toward the yeazs of service requiremen`. g) Employees separated for cause from the bargaining unit aze specifically excluded from?he Employer match �'�Y�'I�� 23� '�'��S a]F AGItIEEMENT 23.1 Co�g�ete tlgreex�e�t amd Waiver of Bargaining: This Agreement shall represent the complete Agreement between the Union and the Employer. The parties acknowledge that during the neg�tiations wluch resulted in this Agreement, each had the unlunited right and • opportunity to make requests and proposals with respect to any subject or matter not renavad by law from the azea of coAective bargaining, and that the complete understandings and agreements arrived at by the parties after the exereise 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 bargain collectively with respect to any subject or matter referred to or covered in this Agreement. 23.2 Savings Clause: Tiris Agreement is subject to the laws ofthe United States, the State of Minnesota, and the City of Saint PauL In the event any provision of this Agreement shall hold to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be vdided. All other provisions shall continue in full force and effect. 23.3 ',��rans o€ Agreemen4: Except as herein provided, this Agreement shall be effective as of the date it is executed by the parties and shall continue in full force and e�ect through the 31 �` day of Decembe:, 2010, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend, or modify tivs Agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1984. � 23 ARTICLE 23 - TERMS OF AGI2EEMENT (Continued) 23.4 This wnstitutes a tentative Agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration ofthe City, the City Council, and is also subject to ratification by the Union. WITNESSES: CITY OF SA1NT PAUL S-o2-o; Steven BarrB Date Labor Relations Snecialis�, // Labor Relations Manager Date INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 70 `/��Z�` � ' Business Manag , Date i � � � •� ':,�-, �.- �/ / � � ' � Recording Secretary Date • C�.t-Q C����' z� • Business Representative Date � ::.. d'�-": � , � r . ; -•� . !• •����� - �. - �— y �-� Date I/ . ; �:, • � �� - ��/� Date ����F, ���� s-�-o�' Negotiating Committee Date Negotiating Committee Date • ir7� u ��p��� � - �����s GR�.DE OlU 502 HOUSE CliSTGBIAN iI r1 U O1/OS/08 04/26l08 03/28/09 01/U211fl 01/OS/08 04/26/08 03/2�I03 O1/02110 tl) 15.32 15.82 16.33 16.86 20-yr f2) 15.48 15.98 16.50 I7.04 GRADE 02U 231 CUSTODIAN 342B CUSTODIAN II Start" 6 mo i-yr 2-yr (11 {2) 17.62 18.13 18.43 18.98 18.19 I8.72 19.03 i9.60 18.78 19.33 19.65 20.24 19.39 13.9E 20.2� 20.90 bg�y GRADE 03U 131 CUSTODIAN-ENGINEER I 631 CUST�1'TAN-ENGINEER I-LIBRARY 632 CUSTODIAN-ENGINEER I-PUBLIC SAFETY 29�� PARI� SECUI�ITY OFFICER-LFAD � O1/OS/08 04/26f08 63/2�J09 oiio2�io (1) 20.15 20.80 21.48 a2.is �Z) 21.04 21.72 22.43 23.16 20-yr (3) 21.20 21.89 2z.�o 2333 A-1 APPENDIX A (Continned) O1/OS/08 04/26/08 03/28/09 Oi/02/10 Ol/OS/08 04/26/08 03/28/09 O1/OZ/IO Ol/OS/08 04/26/08 03/28/09 01/02/10 Oi/OSi08 04/26/08 03/28/09 O1/02/10 (1) 20.60 21.27 21.96 22.67 (1) 22.15 22.87 23.61 2438 ��) 22.25 22.97 23.72 24.49 (1) 21.78 22.49 23.22 23.97 GRADE 04U 132 CUSTODIAN-ENGINEER II 605 CUSTODIAN-ENGINEER II-LIBRARY 235B WATER PLANT WORKER �2) 21.76 22.47 23.20 23.95 20-yr (3) 21.91 22.52 2336 24.12 GRADE OSU 133 CUSTODIAN-ENGINEER III 056A CUSTODIAN-ENGINEER III-LIBRARY �2) 23.34 24.10 24.88 25.69 20-yr (3) 23.49 24.25 25.04 25.85 GRADE 06U 585 MAINTENANCE WORKER �Z) 23.13 23.88 24.66 25.46 20-yr � 23.29 24.05 24.83 25.64 GRADE ON NOT UTILIZED AT THIS TIlVIE �2) 22.68 23.42 24.18 24.97 20-yr (3) 22.84 23.58 24.35 25.14 • � n � A-2 � A���l�TI3i'X A (Cc��tin���i} Ol/OS/08 04l26/08 03/28!a9 ovoan a ti) 22.15 22.87 23.51 z�.�a ag -�y �- GIZP.DE 08Li S15A WAT`�A giAtiT OPERATOR I t2) 23.04 23.79 24.56 25.35 2�-yr (31 23.20 23.45 24.73 25.53 G:2ADE G9U 286A OFERATlIvTG ENGINEER 37� PUlV�'ING EN�'i1NEER II 602A WATER TREATN�NT PLANT OPERATOR II � Ol/QSl08 0�/26J08 03/28/09 airoar}o 01/Q5/08 04/26/08 �312�1�4 Ol/02/10 tl) 23.Q8 23.83 24.60 25.4Q ti) 24.10 24.88 25.69 26.52 2�-yr i l�) 24.�1 24.16 24.74 24.95 25.60 25.76 25.43 �5.60 GRADE lOLT 420 SEWER PUIVIP1N.r'i STATION OPERATOR �2) 24.97 25.78 26.62 27.49 20-yr t 25.12 25.94 26.78 27.65 GRADE 11U 624A CHEMiCAL F�F,� SYSTEM 1�EPAIRER • Ol/05/08 t!4/26/08 03/28/09 Ql/02/10 (1) 23.73 25.Od 25.81 26.65 �2) 24.65 25.95 26.79 27.66 20-yr (3) 24.81 25.12 26.97 27.85 A-3 APPENDIX A (Continued) GRADE 12U 281 PUMPING ENGINEER III O1/OS/08 04/26/08 03/28/09 O1/02/10 O1/OS/08 04/26/08 03/28/09 01102/10 t�) 14.84 15.33 I5.82 1634 ��) �Z) 25.06 26.08 25.87 26.93 26.71 27.81 27.58 28.71 �2) 15.44 15.95 16.46 17.00 20-yr (3) 26.23 27.08 27,96 2&.87 GRADE 13A NOT UTILIZED AT THIS TIME (3) (4) (5) (6) 16.00 1 b. 60 17.25 17.96 16.52 17.14 17.81 18.55 17.06 17.70 18.39 19.15 17.61 18.27 18.98 19.77 GRADE 13M 234 CUSTODIAN (LIGHT DtTTY} 341B CUSTODIAN I O1/OS/08 04/26/0$ 03/28/09 O1/02/10 ��) 12.06 12.45 12.85 13.27 �2) 12.46 12.86 13.28 13.71 (3) (4) (5) 12.86 13.28 13.75 13.28 13.71 14.19 13.71 14.16 14.66 14.16 14.62 15.13 GRADE 13U 670 WATER PLANT AIDE Q1/OS/08 04/26/08 03/28/09 Ol/02/10 (1) 20.16 20.82 21.50 22.20 �2) 2I.08 21.77 22.48 23.21 20-yr (3) 21.24 21.93 22.64 2338 (6) 14,22 24.b8 15.15 15.65 10-yr ��) 18.33 18.93 19.54 20.18 10-yr (�) 14.52 14.99 15.48 15.98 15-yr �$) 18.79 19.41 20.04 20.69 15-yt <$) 14.83 Z5.32 15.81 16.33 . � r 1 U � • . r1 L J t���ilT37I�i �. (�os��it�€x�d� Ol/OS/08 Q4l26/08 03/28l09 01102/10 Ol/05/08 04/26/OS 03/28/09 O1/02/10 O1/05/08 04/26/OS 03/28/09 Q? /02/10 Ol/05/08 04126/OS 03/28/09 01f02/10 (1) 12.91 1333 13.76 14.21 (1) 15.61 16.12 16.64 17.18 (1) 21.73 22.44 23.17 23.92 (1} 22.92 23.66 24.43 25.22 �Z) 13.38 13.82 14.27 14.73 �2) i6.11 16.64 17.18 17.74 S'iitADE i 5U :VGT UTILIZET� AT THIS TiME (2} 22.92 23.6fi 24.43 25.22 2O-yT (3) 23.07 23.82 24.59 2534 bg� U y�- Gi2ADE 16U 464 SUPERVISING STATIONARY ENGINEER (2) 23.81 24.58 25.38 26.20 20-yr (3) 23.56 24.74 25.54 25.37 GItAI3E Ol i NOT UTILIZED AT THIS TIME (3) (4} (5'� (6) 13.88 14.41 14.97 15.57 14.33 14.87 15.46 16.08 14.79 15.36 15.96 16.60 15.27 15.86 16.48 17.14 10-yr ��) 15.98 16.50 17.03 17.59 GI2AI3E 17A 519 S�CURITY OFFTCER-WATERUTILITY 228B SECURITY/SAFETY OFFICER-LIBRARY � 16.64 17.18 17.74 1831 (4) 17.20 17.76 18.33 18.93 (5) 17.80 18.38 18.98 19.60 (6) 18.48 19.08 19.70 20.34 10-yr ��) 18.94 19.56 20.20 20.85 F' 15-yr �g) 16.34 16.87 17.42 17.99 15-yr � 19.37 20.G0 20.65 21.32 APPENDIX A (Continued) O1/OS/08 04/26/OS 03/28/09 Ol/02/10 O1/OS/08 04/26/08 03/28/09 Ol/02/10 Oi/OS/08 04/26/08 03/28/09 Q1/02/1Q Ol/OS/08 04/26lOS 03/28/09 Ol/02/10 (1) 10.87 11.22 11.58 I1.9b Start (1) 15.68 16.19 16.72 17.26 (1) 23.17 23.92 24.70 25.50 0-500 Hours (1) 10.55 I0.89 11.24 11.61 GRADE 17U 806 TRAINEE (CUSTODIAN-ENGINEER} 20-yr �2) �3) 11,21 11.37 11.57 11.74 11.95 12.12 12,34 12.51 GRADE I8U 188A CUSTODIAL WORKER 6 mo 1-yr 2-yr �2) �3) �4) 16.15 16.49 17.07 16.67 17.03 17.62 17.21 17.58 18.19 17.77 18.15 18.78 GRADE 20U 216A BUILDING MAINTENANCE ENGINEER 20-yr {2) 2332 24.08 24.86 25.67 • � GRADE 21U 656A PARK SECURITY OFFICER (PARK3) 501-1000 Hours �2) 11.18 11.54 11.92 1231 1001-1500 Hours (3} 11.82 12.20 12.60 13.01 �501+ Hours (4) 12.70 13.11 13.54 13.98 • � AP��N�� A (C��a�ns��d) r� LJ • • O1/OS/Q8 04/26/08 03/28(09 Ol/02/10 Start {1) i 0.55 10.89 l I.24 ll.bi 6-mo ��) 12.24 12.64 13.C5 ? 3.47 �:Ra�� z2LT b8-'�y � 1 i 7B POLICE S�CURITY RANGER i-yr 2-yr 3-yr 4-yr 5-yr ( ( ( ( (�) 12.70 1335 13.97 14.45 15.41 13.11 13.78 14.42 14.92 15.91 13.54 14.23 14.89 15.40 16.43 13.98 14.69 15.37 15.90 16.96 Personnel hired for employment with the C:ty after the date of the signing of this agreement, to a class listed in Article 1 above, shall be compensated at the "0 — 6 months" hourly wage rate during their probationary perio3. tSfrer compietion of the probationary period the employee shall be paid at the "after 5 months" hourly wage rate. Empioyees promoted from any class listed in Article 1 above to any class listeci in .�xticle i above shall receive the "after 6 months" hourly wage rate. Temporary employees shall be paid the m;r�iuxmm sate indicated in this Appenduc for the classificaYion in which they are employed. A-7