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08-80Council File # OR " gD Green Sheet # 3047453 OF. rr�cea RESOLUTION PAUL, MINNESOTA RESOLVED, that the Council ofthe City of Saint Paul hereby approves and ratifies the attached January 1, 2008 through December 31, 2010 Collective Bargaining Agreement between the City of Saint Paul and the Tri-Council Locals 120, Loca149 and Local 132. Bosffom Yeas Requested by By. Angela Approved � By. Approved by � Adopted by Council: Date Adoption Certified by C��ncil Secretary g � Approv by Date � (� By. � Resources Services �� � .. . . �, � . . � .�. .. � � � �: �_ `�J� _� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � d$�� DepartmerNofflce/council: Date IniBated: „ -�,�„�Rgo,� ,�E�� Green Sheet NO: 3047453 ConWet Person 8 Phone: Jason Schmidt 26Cr6503 Must Be on Counal As�en y Assign Number For Routing Order 0 umanReso¢rces i amanResources De artmentDirector � 2 ioantial Servicg ce Finanosl Services 3 Attnrce � ` . 4 or's Oifice M or�Auistant 5 onncil Ci Councit 6 i Clerk Ci Clerk Doc.Type: RESOLUTION W/$TRANSAC E-0ocumeM Required: Y DocumentContaG: SueWegwerth CoMad Phone: 286-6513 I I Total # of Signature P�es _(Clip All Locatiore for Signature) Resolution approving the attacLed January 1, 2008 through December 31, 2010 Co1lecHve Bazgaining Agreement between the City of Saint Paul and Tri-Council Local 120, I.ocai 49 and Local 132. Pla��irg Commission CIB Committee Civil Service Commission t. Has this perso�rtn ever worked under a contract for this department? Yes No 2. Has this perso�rm ever been a ciry employee7 Yes No 3. Does this personffirm pwsess a skiil not normalty po5sessed by any curtent ciry employee? Yes No Explain aIl yes answers on separata sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): T6e Collective Bazgaining Ageement with Tri-Council will expire on December 31, 2007. The City of Saint paul is required to negotiate with the bargaining units. AdvantageslfApproved: An agreement reached through good faith bazgaining will be in place throught December 31, 2010. DisadvanWges H Approved: None DisadvanWges If Not Approved: The City would be required to re-open negotiations with this bazgaining unit. This would strain relations and lead to potential strike. TransacUon: Fundtngsource: Multiple Flnanciai IMormation: (Explain) Activity Number: Cost/Revenue BudgMed: December 14, 2007 10:29 AM Page 1 f , /� � ATTACHMENT TO THE GREEN SHEET 'I'RI-COiTNCIL (LOCALS 49,120 & 132) Below is a summary of the changes in the collective bazgaining agreement between the City of Saint Paul and the Tri-Council (Operating Engineers Loca149, Teamsters Loca1120 & Laborers Local 132). Duration: January l, 2008 - December 31, 2010 Wases: May 1, 2008 (closest pay period) 3.25% April l, 2009 (closest pay period) 3.25% January 1, 2010 (closest pay period) 3.25% An additional$0.25 per hour was added to selected job classifications in each year of the agreement. A twenty-year step was added effective April l, 2009 at $030 per hour. Health Insurance: The insurance contnbution increases follow the Memorandum of Agreement reached with the various bargaining units for 2008-2010. Sick Leave• Effective December 31, 2008, the sick leave accrual rate will be reduced from 14 days per year to 13 days per yeaz. Effective December 31, 2009, the sick leave accrual rate will be reduced from 13 days per year to 12 days per year. Pension Deduction: Agreed to increase the pension deduction by an additional $0.25 per hour for each year of the agreement. FloatinE Holidavs: City gave notice that Floating Holidays require prior approval for use. Effective December 31, 2010, one floating holiday is eliminated. Senioritv Agreed to implement a"Bid Driver" system at the Water Utility and increase the nuxnber of Bid Drivers at Public Works. Severance• Effective January 1, 2009, two old severance plans are elnninated and replaced with one new plan similaz to other bargaining units. /; = I rremiums• Campus and Abatement Crew Leader positions were added to the Abatement premium (Appendix A, Premiums, H) to reflect the current practice. Other LanauaEe Changes: Other language changes were of a housekeeping nature for clarification and cleanup. L�I,RCOMMOMCONTRACT\TRICNCL�2008-2009�gnattch08-l0.doc . .� , - . _ _ - . . -' . �/�� . - JANLTARY 1, 2008 - DECEMBER 31, 2010 � COLLECTIVE BARGAINING AGREEMENT � � � � � � BETWEEN � � � � � � � � �- THE C�TY OF SAINT PAi�, _ � A1vI3 ` _ - � _ .; �, _ , � � � THE�TRI-GOUNCII� " � ' � � � � _ LOCAL 120,- I.00AL 49.- AND LOCAL .132 - �: ^ - � r .- •ARTICLE 1 2 3 4 5 • 1TI'I.E Recognition ......................... Maintenance of Standazds ... Union Rights ....................... Payroll Deduction ................ Management Riglrts ............. INDEX ......................... .. ............ ......... ., ........................ ........................ PAGE ......................................................... • • • .............1 .................................°--......--•---......._...... _.........1 ......--•-•-•--•-• .......................................................2 .........................................................................2 .........................................................................3 6 Safety .........................................................................................................................................3 7 Discipline Procedures ..................................................................................................................4 8 Hours, Overtime, Snowplowing ..................................................................................................4 9 Insurance ........................................................•-• •---.._............---.........--• •- • °-...--°---°--°---° °--•----.... 10 Ernployee Rights - Grievance Procedure........•.----• ....................................................................10 11 Seniority ....................................................................................................................................12 12 Vacation ....................................................................................................................................i4 13 Holidays ....................................................................................................................................15 14 Jury Duty ..................................................................................................................................16 15 Severance Pay ...........................................................................................................................16 16 Wages .........................................................................•----•---.-°.--.............................................19 17 Savings Clause ..........................................................................................................................19 18 Jurisdiction ................................................................................................................................20 19 Sick Leave ................................................................................................................................20 20 Parental Leave ...........................................................................................................................21 21 Legal Services ...........................................................................................................................21 22 Strikes, L,ockouts, Work Interference ........................................................................................21 23 Deferred Compensation .................................................................•-•----.....................................22 24 Tern�s ofAgreement ..................................................................................................................22 Appendix A- Wage Schedules, Premiums ................................ Appendix B- Temporary Employee Wage Schedu2es ................ Appendix C- General Policies Regazding Seniority .................. Appendix D- General Policies Regazding Overtune .................. .................................. A-1 .................................. B-1 .................................. C-1 ................................. D-1 • /: . � • PRINCIPLES This Agreement is entered into to faciIitate the adjustment of grievances and disputes between the Employer and Employees to provide, insofar as possble, for the continuous employment of labor and to establish necessary procedures for the amicable adjustment of all disputes which may arise between the Employer and the Union. The Employer and the Union encourage the highest possble degree of practical, friendly, cooperative relationships between their respective representatives at all levels. The officials of the Employer and the Union realize that this goal depends primarily on cooperative attitudes between people in their respective organizations and at all levels of responsbility, and that proper attitudes must be based on full understanding of and regazd for the respective rights and responsbilities ofboth the Employer and the Employees. There shall be no discrimination against any employee by reason of creed, sex, disability, or Union membership. • The EmpIoyer and the Union affirm their joint opposition to any discriminatory practices in wnnection with employment, promotion, or training, remembering that the public interest remains in full utilization of employees' skill and ability without regazd to �nsideration of national origin, age, sex or disability. • ii �� .I ARTICLE 1- RECOGNITION �.1 The Employer recognizes the Union as the sole and exclusive collective bargaining agency for all employees that have been certified by the State of Minnesota, Case No. 73-PR-427-A, as follows: All employees of the City of Saint Paul in the classifications of Asphalt Plant Operator, Assistant Gardener, Assistant Golf Course Superintendent, Bridge Crew Leader, Bridge Maintenance Worker, *Driver-Operator, *Driver-Operator--Water Utitity, Forestry Crew Leader, Gazdener, Golf Ranger, Golf Worker III, Grounds Crew Leader, *Cttnundsworker, *Groundsworker--Water Utility, Heavy Equipment Operator, Heavy Equipment Operator—Sewer Utility, Heavy Equipment Operator--Water Utility, Jet Sewer Cleaner Operator, Labor Crew Leader, Landscape Worker, Lead Gardener, Lead Landscaper, Modified Duty Worker—Stores Laborer, Modified Duty Worker - Water Utility Worker II, Modified Duty Worker - Grounds Crew Leader, Parks Worker I, Pazks Worker I- Operation/Como Campus, Pazks Worker II, Pazks Worker III, Revolving Power Equipment Operator, Sewer Crew Leader, Sewer Services Worker, Stores Laborer, Street Services Worker, Trades Laborer, Tree Worker, *Unskilled Laborer, Utility Aide, Water Service Worker--Control Desk, Water System Worker I, Water System Worker II, Water Utility Worker I, and Water Utility Worker II who work more than 14 hours per week and more than 100 work days per year, excluding Supervisory, Confidential, emergency, and employees exclusively represented by other labor or employee organizations. The parties agree that any new classifications which aze an expansion of the above bazgaining unit or which derive from the classifications set forth in this Agreement shall be recognized as a part ofthis bargaining unit, and the parties shall take all steps required under the Public Employment Relations Act • to accomplish said objective. 1.2 The Employer agrees not to enter into any contractually binding agreements with any employee or representative not authorized to act on behalf of the Union. There shall be no individual agreements with any employees that conflict with the terms of this Agreement, and any such agreement or contract shall be null and void. 1.3 The Employer agrees to give the Union the right to supply fifty percent (50%) of all new qualified referrals for work as temporary employees. 1.4 It is recognized that temporary employees are within the unit covered by this agreement. However, except as specifically provided by this agreement, temporary employees shall not have nor acquire any rights or benefits other than specifically provided by the provisions of the Civil Service Rules. ARTICLE 2- MAINTENANCE OF STANDARDS 2.1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations and all other general worldng conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul and the Saint Pau1 Salary Plan and Rates of Compensation at the time of the signing of this Agreement, and the wnditions of employment shall be improved wherever specific provisions for improvement aze made elsewhere in this Agreement. • ARTICLE 3 - UNION RIGHTS 3.1 The Union may designate employees from within the bargaining unit to ad as Stewazds and shall info� -- — -- – -- the Employer in writing of such designations. Such employees shall have the rights and responsibilities as designated in Article 10 (GRIEVANCE PROCEDURE). There shall be no more than one Steward from each local involved in any one specific grievance. 32 There shall be no deduction ofpay from Stewazds when directly invoived in meetings with management during working hours for grievance procedures. 3.3 Designated Union Representatives shall be permitted to visit employees on job sites and at depaztment buildings during working time. ARTICLE 4 - PAYROLL DEDUCTION 4.1 The EmpIoyer shall, upon request of any Employee in the unit, deduct such sum as the Union may specify for the purpose of initiation fees and dues to the Union, providing the Union uses its best efforts to assess such deductions in as neariy uniform and standard amounts as is possbie. 'Fhe Empioyer shali remit �nthly such deduction to the appropriate designated Union. 42 In accordance with M.S.A. 179.65, Subd. 2, the Employer agrees that upon notification by the Union, the Employer shall deduct a fair share fee from all certified employees who are not members of the exclusive representative. In no instance shall the required co�ution excced a pro rata share ofthe specific expenses incurred for services rendered by the representarive in relationslup to negotiations an� administration of grievance procedures. 4.3 Effective May 1, 2008 (or ciosest pay period), the Union authorizes the deduction of sixty doUars ($60.00) bi-weekly, from employees who are members of Laborer's Local #132 who akeady have pension credits in the Union's Pension Fund and choose to pazticipate in the Union's Pension Fund. The Employer will forward this to the Union's Pension Fund. The Union is to provide the Employer a list of eligi�ble members. 4.4 EffecEive May 1, 2008 (closest pay period), the Employer will contnl�ute $0.60lhour for each employee covered by this agreement to the Laborers' International Union ofNorth America, National (Indusfrial) Pension Fund. Effective April l, 2009 (closest pay period), this amount will be increased to $0.85/hour. Effective )anuary i, 2010 (closest pay period), this amount w�71 be increased to $1.10/hour. 4.5 The Union wil2 indemnify, defend and hold the Employer hazmless against any claims made and against any suits instirirted against the Employer, its officers or employees, by reason ofnegligence ofthe Union in requesting or receiving deductions under this Article. The Employer will indemnify, defend and fiold the Union hazmless against any claims made and against any suits instirirted against the Union, ifs officeis or employees by reason ofnegligence on the part ofthe Employer in making or forwazding deductions under this Article. • �; :I ARTICLE 5 - MANAGEMENT RIGHTS �.1 The Union recognizes the right of fhe 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 Ageement aze retained by the Employer. 5.2 A public Employer is not required to meet and negotiate on matters of inherent managerial policy, which include but are not limited to, such azeas of discretion ofpolicy as the functions and programs of the Employer, its overal3 budget, utilization oftechnology, and organizational structure and selection and direction and number of personnel. AR'I'ICLE 6 - SAFETY 6.1 Accident and injury free operations shall be the goal of all Employers and employees. To this end the Employer and employee will, to the best oftheir ability, abide by and live up to the requirements of the several State and Federal Construction Safety Codes and Regulations. 6.2 To this end the Employer shall from time to tnne issue rules or notices to his employees regarding on the job safety requirements. Any employee violating such rules or notices shall be subject to disciplinary action. No employee may be discharged for refusing to work under unsafe conditions. :3 Such safety equipment as required by govemmental regulation shall be provided without cost to the employee. At the Employer's option, the employees may be required to sign for safety equipment and shall be obligated to retum same upon discharge, layoi� quit or other termination in compazable condition as when issued, providing reasonable weaz and tear. The Employer shall have the right to withhold the cost of such safety equipment if not retumed. 6.4 The Employer agees to pay $75.00 per calendaz year towazd the purchase of one pair of safety shoes by an employee who is a member of this unit. The Employer shall contrbute towazd the purchase of one pair of shoes per calendar year and shall not be responsible for any additional cost for that yeaz. Employees may carry over, up to a total of $I50.00 for the purchase of shoes. Reimbursement shaIl be made only after investigation and approval by the unmediate supervisor of the employee. This contribution shall apply only to emp]oyees who aze required by the Employer to wear pmtective shoes or boots. In addition to the regulaz safety shoe reimbursement, employees who wear Kevlar boots as part of their regular job duties will receive an additional $25.00 per calendar yeaz for the pwchase of Kevlar safety boots. Such empioyees will be allowed to carry over, up to a total of $200.00 for the purchase of Kevlaz safety boots. The Employer will determine who is eligible for this additional reimbursement. Effective January 1, 2006, the Employer agrees to contn�bute $100.00 per payroll yeaz to each employee of the bargaining unit who is required by the Employer to wear protective shoes or boots. This contribution will be made for employees on the payroll as of January 1�. Employees hired after January 1�` will receive one-half the normal allowance for that payroll year. Returning employees from layoff • will receive the futl allowance for the payroll yeaz. 3 ARTICLE 6 - SAFETY (CONTINUED) In addition to the regular safety shoe reimbursement, empioyces who wear Kevlaz boots as part of their regulaz job duties will receive an additional $25_00 per payroll year for the purchase of Kevlar safety • boots. The Employer will determine who is eligi�ble for this additional reimbursement. Employees with cazryover balances will be allowed to continue to cazryover and use such balances until the end ofthe contrad term, December 31, 2007. 6.5 The City shall fumish uniforms at no cost to the employees who work in the Sewer Division ofthe Public Works Department. 6.6 The Water Utility will provide at its expense an initial uniform to employees required to wear a uniform The Water LRility wiil reimburse these employees up to $225.00 annually per calendar year beginning the year after the employee's initial issue. Employces must present receipts to be reimbursed. ARTICLE 7 - DISCIPLINE PROCEDURES '7.1 The Employer will discipline employees for just cause only. Discipline will be in the form of A. Oral reprimand; B. Written reprimand; C. Suspension; D. Reduction; E. Discharge. 7.2 Suspensions, reductions and discharges will be in written form • 7.3 A notice in writmg of suspensions, reductions and dischazges shatl be sent to the employee and the Union within seventy-two (72) hours after such action is taken. 7.4 Dischazges will be preceded by a five (5) working day preliminary suspension without pay. During said period, the employee and/or Union may request, and shall be entitled to a meeting w$h the Empioyer representative who initiated the suspension with intent to discharge. During said five (5) working day period, the Employer may affirm the suspension and discharge in accordance with Civil Service Rules or may modify, or withdraw same. 7.5 Grievance relating to this Article shali be processed in accordance with the grievance procedure under Article t 0. ARTICLE 8- HOURS, OVERTIME, SNOWPLOWING 8.1 The normai work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute lunch period, except for einployees assigned to the 4/40 shift where the normal work day shall be ten (10) consecutive houx� per day, excluding a thirty (30) minute lunch period. The normal work week shall be five (5) consecutive normal work days in any seven (7) day period except for employees assigned to the 4/40 shift where the normal work week shall be four consecutive • ten (10) hour work days in any seven (� day period. (For employees on a shift basis this shall be construed to mean an average of forty hours a week.} � ARTICLE 8- HOURS, OVERTIME, SNOWPLOWING (CONTINUED) Og'�D 2 Except in cases of emergencies, the Employer shall notify the affected employees of an intention to change a shift at least 24 hours prior to the beginning ofthe new shift. 8.3 Employees shall report to work location as assigned by a designated Employer supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the Employer. Management shall provide transportation or allow travel tune within normal working hours to the new work location. 8.4 CalT-in-Pay. When an employee is called to work he/she shall receive two (2) hours pay if not put to work. If he/she is called to work and commences work, he/she shall be guazanteed four (4) straight time hours pay. A person scheduled to work on a weekend solely to operate the showmobile shall be eligible for this call-in pay. 8.5 Overtime. Time on the payroll in excess of the nom�al hours set forth above shall be "overtime work" and shall be done only by order ofthe head ofthe department. An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such overtune work. Employee may express a written preference for the method of overtime payment, however, the basis on which such overtime shall be paid shall be detemiined solely by the Employer. The time and one-half overtime rate shall be based on the total rate, including any premium pay, being eamed during the overtime hours worked. .. . � � The two (2) work breaks shall not exceed fifteen ( I S) minutes from the time the employee stops working until he/she resumes work, and shall be taken in cIose proximity ofthe employee's work sfation. Employees who are unable to report for their normal work day have the responsbility to notify their supervisor of such absence as soon as possible, but in no event later than one-half hour before the beginning of such work day. Failure to make such notification may be grounds for discipline. The following will be the procedure for filling snowplowing or sanding needs. A. B. C. D. All listed categories of City employees will be offered one shift before any receive a second shift. For purposes of a declared snow emergency, both the night and day phases shall be considered shifts falling on the date of the day phase. Personnel shall be assigned to one of the two phases in the priority order shown below provided that no overtime shift results. In the event that overtime shifts are needed to fill any assignment, overtime shifts shall be offered in the same priority arder. Order to be called. I. Regular full-time *Driver Operators, Heavy Equipment Operators, `Bid Driver" assignees and Street Service Warkers on normally scheduled shifts. 2. *Driver Operators, Heavy Equipment Operators and `Bid Driver" assignees on IayofE 3. Street Services Workers on layoff. 4. Sewer Services Workers. 5. Jet Sewer Cleaner Operators and Heavy Equipment Operators — Sewer Utility. 6. Bridge Maintenance Workers. 7. Crew Leaders. 8. Other permanent Tri-Council members. ARTICLE 8- HOURS, OVERTTME, SNOWPLOWING (CONTINUED) 9. All other qualified Public Works voluuteers on normally scheduled sirifts. 10_ Qualified temporary Tri-Council members. • 8.9 Employer shali avoid, whenever possible, working an employee on an out-of-cIassassignment for a- prolonged period oftime. Any empIoyee working an out-of-class assignment for a period in excess of fifteen (15) consecutive working days during a yeaz shall receive the rate ofpay for the out-of-class assignment in a higher classification not later than the siYteenth (16) day ofsuch assignment. For purposes of this Article, an out-of-class assignment is defined as an assignment of an employee to perform, on a full-time basis, all ofthe significant duties and responsbilities of a position different from tfie empioyee's regular position, and which is in a classification higher than the classification held by such employee. The rate of pay for an approved out-of-cTass assignment shall be the same rate the employee would receive if such employee received a regular appointment to the Ivgher classification. ARTICLE 9 - INSURANCE Active EmpIoyee Insurance 9.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by the Employer shali be solely controlled by the cornracts negotiated by the Employer and the benefit providers. The Empioyer will attempt to prevent any changes in the benefits offered by the benefit providers, However, the employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. IRS rules and regulations shatl govern the Ernployer provided health and welfare benefrt program. 9.2 Effective for the January 2008 insurance prexniums, for each eligible employee covered by this agreement who is employed fu11-time and who selects health insurance, the Employer agrees to make th following contn�butions per month: a Open Access with $1,500 Deductble Single: $427.25 +$100 (to be deposited in an account determined by the LMCHn Fanvly: $1,040.75 b. Primary Clinic with $500 Deducrible Single: $525.51 Family: $901.86 c. Distinctions SingIe: $457.54 Family: $901.86 93 Effective for the January 2009 insurance premiums, for eacfi eligible employee covered by this Agreement who is employed full-tune and who selects health insurance, the Employer agrees to make the following contnbutions per month: a_ Open Access with $1,500 Deductble Single: $467.84 +$100 (to be deposited in an account determined by the LMCH� Family: $1,120.75 b. Prunary Clinic wit}� $500 DeducUbie Single: $56'7.93 Family: $926.86 � c. Distinctions Single: $482.54 Family_ $926.86 0 ARTICLE 9 - INSURANCE (CONTINUED) li :I • 9.4 Effective for the January 2010 insurance premiums, for each eligible employee covered by this Agreement who is employed full-time and who selects heahh insurance, the Employer agrees to make the following conmbutions per month: a 9.5 �, • 9.7 � Open Access with $1,500 Deductible Single: $512.28 +$100 (to be deposited in an account determined by the LMCHn Family: $1,214.00 Primary Clinic with $500 Deduct�ble Single: $615.10 Family: $951.86 c. Distincrions SingTe: $507.54 Family: $951.86 For the pwpose ofthis Article, full-time employment is defined as appearing on the payroll at least thirty-two (32) hours per week or at least sixty-four (64} hours per pay period excluding overtime hours. For each eligible employee covered by this Agreement who is employed half-tune who selects employee insurance coverage, the Employer agrees to contribute fifty percent (50%) of the amount contnbuted for full-time employees selecting employee coverage in the same insurance plan. For each hatf-time employee who selects family insurance coverage, the Employer will contribute fifty percent (50%) of the amount contn�buted for full-time empioyees selecting family coverage in the same insurance plan. For the purpose of this Article, half-time employment is defined as appearing on the payroll at least twenty (20) hours but less than thirty-two (32) hours per week or at least forty (40) hours but less than siaty-four (64) hours per pay period excluding overtime hours. An employee will be considered half- time only if such employee is assigned to a position which is regularly assigned haif-time hours. For each eligibte employee the Employer agrees to wntnbute the cost of$15,000 oflife insurance coverage. Retiree Insurance 9.8 Employees who retue must meet the following conditions at the time of retirement in order to be eligible for the Employer contributions, listed in Sections 9.9 and 9.10 below, toward a health insurance plan offered by the Employer: � • C. � Be receiving benefits from a public employee retirement act at the time of retirement, and Have severed his/her relationship with the City of Saint Paul for reasons other than misconduct, and Have completed at least twenty (20) years with the City of Saint Paul, and (1) If an empIoyee takes a leave of absence to serve as a full-time union official, time served in such capacity, up to six (6) years will be applied toward meeting this twenty (20)-year requirement. (2) Ifan employee serves in that capacity for more than six years, the additional time may be purchased upon return to City service for $300.00 per month and appfied to this twenty (20)-year requirement. Were hired prior to January 1, 1996. ARTICLE 9 - INSURANCE (CONTINUED) Early Retirees 9.9 This Section shall apply to full time employees who: A. Retire on or after Januazy 1, 1996, and B. Were appointed on or before December 31, 1995, and C. Have not attained age sixty-five (65) at retirement, and D. Meet the terms set forth in Section 9.9 above, and E. Select a health inc�,�nce plan offered by the Employer Until such employees reach sucty-five (65) years of age, the Employer agrees that for retirees selecting single coverage, the Employer will provide the same contnbution as is provided for active employees selecting single coverage under this agreement. This amount, however, shall not exceed $350 per month � For employees selecting family health insurance coverage, the Employer will contn'bute $350 per month towazd the premium for family health insurance covetage. Any unused portion of the Employer's contnbution shall not be paid to the retiree. When such early retiree attains age sixty-five (65), the pmvisions of Section 9.10 will apply. Regalar Retirees (Age 65 and over) 9.10 This Section shall apply to full time employees who: � A. Retire on or after January 1, 1996, and B. Were appointed on or before December 31, 1995, and C. Have attained age sixty-five (65) at retiremern, and D. Meet the terms set forth sn Section 9.9 above, and E. Select a health insurance plan offered by the Employer The Employer agrees to comnbute a maximum of $550.00 per month towazd the premium for single or family health insurance coverage offered by the Employer to regulaz retirees and their dependents. Any unused portion of fhe Employer's contribution shall �rot be paid to the retiree. This Section shall aLso apply to early retirees who retired under the provisions of Section 9.9 when such retirees attain age sixty-five (65). 9.11 A retiree's participation m the City's health insurance plan must be continuous. If a retitee chooses not to participate at the time ofhis/her retirement or if a rdiree discontinues his/her participation, such retiree will not be eligi'ble for any firture participation or for any Employer contn�bution 9.12 In the event of the fleath of a retiree who was hired on or after May 1, 1992 and who is participating in the City's health �nc�*�nce prograzn, the surviving spouse or dependent ofthe deceased may continue to participate in the City's heahh insurance plan at their/her own cost. Eligibility to continue to par[icipate shall terminate when such spouse or dependent remazries or becomes elig�ble for gruup health insuranc� through any employer. ARTICLE 9 - INSURANCE (CONTINUED) �O ��5� Survivor Insurance �.13 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 determined to have arisen out of and in the course of his/her employment under worker's compensation law shall continue to be eligble for cify contnbution in the same proportions as is provided for retired employees. In the event of the death of an early retiree or a regulaz retiree, the dependents ofthe retiree sha11 have the option, within thirty (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the premium and Employer contnbution accorded to the eligble deceased retiree. It is further understood that coverage shall cease in the event oE A. Subsequent remarriage of the surviving spouse of the deceased employee or retiree. B. The employment ofthe 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 heakh insurance for the first ninety (90) days ofsaid empioyment. 914 A retiree may not catry hislher spouse as a dependent if such spouse is also a City retiree or City employee and eligible for and is enrolled 'm the City health insurance program �easonal Layoff 9.15 For each eligble employee covered by this Agreement who is employed full-time and who selects heakh insurance coverage provided by the Employer, and who is placed on seasonal layoff, the Employer shall, for up to five months of layoff, continue its contnbution towazds the cost of single or family health insurance premium, regazdless ofwhether or not such employee has worked the appropriate hours within the qualifying pay period. Article 9.15 shall not apply to employees in the title of Parks Worker II or Utility Aide. Miscellaneous 916 Pagers may be issued to Street Services Workers who are placed on seasonal layoff and are receiving the seasonal health insurance benefit as provided in Article 9.15. Laid off employees who are issued pagers will be expected to respond to pages from the employer. 9.17 The contributions indicated in this Article 9 shail be paid to the Ernployer's Group Heakh and Welfare Plan. 9.18 Any cost of any premium for any City-offered Empioyee or family insurance coverage in excess of the dollar amounts stated in this Articie 9 shall be paid by the Employee. �19 Any Ernployee having ten or more yeazs of service with the Employer who becomes ill or injure@ so as to be unable to continue working and has e�chausted all his/her sick leave and vacation shall be eligible for City paid health and welfare benefrts for a maximum o f three years. � ARTICLE 9 - INSURANCE (CONT7NUED) 9.2Q The Employer will provide a system whereby the employee's contn'bution toward the preuuums for the employee selected health insurance coverages will be paid on a pre-tax basis. Employees covered by this Agreement will be eligible to participate in the Fleuble Spending Account • and tfie Dependent-CaFe Reimbursement Account as offeredby-the Empioyer. Theservice fee charged to participafing employees in either of these Accounts shall be paid by the Employer. 9.21 Any employee who is receiving benefits under the terms of this contract and instead of layoff takes a voluntary reduction to Park Aide, to continue worlang during the winter, shatI continue to receive the benefits available to his/her permanent title. 9.22 All Season Full Time Pazk Aide: A. The Parks Department will identify the number ofAll Season Full Tnne Park Aide positions needed for full time employment by September of each year. The Department will choose first: (i ) Laid offPazks Workers who take a reduction to Park Aide; then if necessary (2) Laid off Parks Worker IIs who take a redudioa to Pazk Aide; then if necessary (3) Park Aides designated All Season Fuil Time Park Aide; then if necessary (4) Qualified Pazk Aides by Seniority. B. Any Park Aide who accepts full time winter employment (All Season Full Time Park Aide) by the Pazks Department, wili be eligble for single health ins�urance coverage as provided in Articles 9.I through 9.5 ofthis contract beginning in January following the offer ofwinter employment and continuing for all consecutive months worked as an All Season Full Time Park Aide. 923 The provisions of this Article 9 shall not apply to employees in the titles of Golf Ranger, Park Aide, and Park Worker I. ARTICLE 10 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE I0.1 The Employer shall recognize stewazds selected in accordance with i3nion rules and regulations as the grievance representative of the bazgaining unit. The Union shalI notify the Employer in writing of the names ofthe stewazds and oftheir successors when so named. 10.2 It is recognized and accepted by the Employer and the Union that the pmcessing of grievances as hereinafter provided is limited by the job duties and responsbilities ofthe employees and shall therefore be accomplished during working hoius only when consistern with such employee duties and responsbilities. The stewazd involved and a gieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the stewatd and the employee have notified and receive,d the approvai of their supervisor to be absent to process a grievance and that such absence would not be detrimental to tke work programs ofthe Employer. i d.3 The procedure established by this ArticIe shall be the sole and exclusive pmcedure for the pmcessing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 1 Q.4 Grievances shall be resoIved in conformance with the following pmcedure: • 10 ARTICLE 10 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (CONTIN� D ' Step 1 i3pon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resoive the matter on an informal basis with the employee's supervisor. • If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the Union. Tt�e written grievance shall set forth the nature ofthe grievance, ttte facts on which if is based, the alleged section(s) ofthe Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendaz days ofthe first occurrence ofthe event giving rise to the grievance or with the use ofreasonable diligence should have had knowledge ofthe first occ:urrence ofthe event giving rise to the gievance, shall be considered waived. Step 2 Within seven (7) calendar days after receiving the written grievance a designated Employer supervisor shall meet with the Union Stewazd and attempt to resolve the grievance. I� as a result ofthis meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt ofthe Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Ernployer's answer shall be considered waived. Step 3 Within seven (7) calendaz days following 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 foilowing this meeting the Employer shall reply in writing to the Union stating the • Employer's answer concerning the grievance. I� as a resuk ofthe written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred to in writing by the Union to Step 4 within seven (7) calendar days following receipt ofthe Employer's answer shall be considered waived. Optional Mediation 1) Ifthe grievance has not been satisfactorily resolved at Step 3, the Union may, within ten (10) calendaz days, request mediation. If Management agrees that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediation Services for the assignment of a mediator. Grievance mediation shall be completed within thirty (30) calendar days ofthe assignment. 2) Grievance mediation is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to arbitration shall be delayed for the period of inediation. 3) The grievance mediation process shall be informal. Rules of evidence shall not apply, and no record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and argument to support their case. The mediator may meet with the parties in joint session or in separate caucuses. • 4) At the request ofboth parties, the mediator may issue an orat recommendation for settlement. Either party may request that the mediator assess how an azbitrator might rule in this case. I1 ARTICLE 14 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (CONTINUED) 5) The grievant shalI be present at the grievance proceeding. If the grievance is resolved, the grievant shall sign a statement agreeing to accept the outcome. Unless the pazties agree otherwise, the outcome shall not be precedentiaL • 6� �f the grievance is not resolved and is subsequently moved fo ar�ri�ration, such proceeding shalt be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to ttteir positions concerning resohrtion or offers of setttement may be used or referred to diuing arbitration. Step 4 The arbitration proceed'mgs shall be conducted by an arbitrator to be selected from a permanent panet of five (5) azbitrators. Arbitrators shail be selected by tot within twenty (20) work days after notice has been given. The permanent panel of arbitrators shall be mutualiy agreed to by the Employer and the Union no later than sixty (60) days after the sigung of this Agreement. In the eve� the Employer and the Union have not agreed to five (5) arbitrators for the permanent panel, the parties will petition the Director of the Bureau of Mediation Services for a list of seven ('n arbitratots. The parties shall alternately stnke names from such list(s), the Employer str�lang fust, until one (1) name remains. 10.5 The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions ofthis 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 nof so submitted. The azbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the applications of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following ciose ofthe hearing or the submission ofbriefs by the parties, whichever be later, • unless the parties agree to an e�Rension. 'I`he decisioa shall be based solely on the arbitrator's interpretation or application ofthe express terms ofthis Agreement and to the facts ofthe grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. I 0.6 1'he fees and elcpenses for the arbitrator's services and proceedings shall be bome equally by the Employer and the Union, provided that each party shall be responsble for compensating its own representatives and witnesses. If either party desires a verbatim record of the pmceedings, it may cause such a record to be made, providing it pays for the record 10.7 The tune limits in each step ofthis procedure may be eactended by mutual agreement ofthe Employer and the Union 10.8 It is understood by the Union and the Employer that a grievance may be determined by either the grievance procedure of this contract or by the provisions of the Civil Service Rules of the City of Saint PauL If an issue is determined by this grievance procedure it shall not again be submitted for arbitrarion under the Civil Service Rules. If an issue is determined by the pravisions of the CiviT Service Rules it shall not again be submitted for arbitrarion under ttus grievance procedure. ARTICLE 11- SENIORITY I 1.1 Seniority, for the purpose of this Agreement, shall be defined as follows: • A. "City Seniority" - The length of contiauous, regular and pmbarionary service with the Employer from the date of employment in any and all class titles. 12 ARTICLE 11- SENIORITY (CONTINUED) i: . ♦ • B. "Class Seniorit}�' - The length of continuous, regulaz and Probationary service with the Employer from the daie an employee was first certified and appointed to a class title covered by this Agreement, it being further understood that class seniority is confined to the current class assignment heid by an employee. (1) For Employees with dual tities, class seniority will be defined as the class title assignment for the day assigned and will continue to be that ctass title until the ne�ct regular assigned shift. During a declazed emergency when the assigned shift is finished, those who hold dual titles, such as Heavy Equipment Operator and *Driver Operator, will revert to the lower title in order oftheir seniority in that title. (1) � C. If an employee requests reverse seniority for the winter season he/she will be placed at the bottom of the seniority list. An employee's request must be submitted by October I S of each yeaz. All employees who have opted for reverse seniority will be returned to their original seniority on the call back list when the weather allows the employer to begin normal spring/summer operations, or on April 1 ofthe following year, whichever comes first. Parks Workers or Grounds Workers opting for reverse seniority will be placed at the bottom of the combined Parks Worker/Grounds Worker seniority list during the lay off- period. *Driver-Operators, Bid Drivers or Public Works Laborers opting for reverse seniority will be placed at the bottom of the Street Services Worker winter call in seniority list after any Street Services Warker has opted for reverse seniority. �2) 11.2 Seniority shall tenninate when an empioyee retires, resigns, or is discharged. 113 A. In the event it is detem�ined by the Employer that it is necessary to reduce the work force, employees will be laid offby class title within each division based on inverse length of "Class Seniorit}�'. Recall from layoff shall be inverse order of layof� except that recall rights shall expire after two years of layoff. �1.4 B. In cases where there aze promotional series, such as*Unskilled Laborer, Crew Leader, etc., when the number of employees in these higher titles is to be reduced, employees who have held lower titles which are in this bargaining unit will be offered reductions to the highest of these titles to which class seniority would keep them from being laid of� before layoffs aze made by any class title in any department. C. It is fiuther understood that a laid off employee shall have the right to placement in any lower- paid class title in this bargaining unit, provided said employee has been previously certified and appointed in said lower-paid class title. In such cases, the employee shalI first be placed on a reinstatement register and shall have "Class Seniorit}�' based on the date originally certified and appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, retum to original elass as provided in paragraph (A) above. To the extenf possble, vacation periods shall be assigned on the basis of "Class Seniorit}�', within each class, by division. It is, however, understood that vacation assignments shall be subject to the ability of the Employer to maintain operations. 13 ARTICLE 11- SErTIORITY (CONTINUED) 11.5 Promotions shall be handled in accordance with cuaent Civil Service Rules and practices. However, the Water Utility may promote and assign a member of a rotating emergency or night crew holding the secondary titIe of Water Service Worker-Control Desk to a temporary Water Service Worker-Control • Desk vacaucy on his assigned crew without reference to his seniority in that title: Regulaz permanent promotions will continue to be made in order of seniority in title. 11.6 When a seniority list is being used to call in employees for overtime, once the lisf is e�austed, the Employer shall order employees, in reverse order of seniority, to report to work. I:l :� M [�1 i1 �F�•/:L�l:ll Y_[�1►1 12.1 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, excluding overtime. For purposes of this article, effective January 1, 2006, qualifying years of service shall be determined based on calendar years of service. This shall apply to both part-time and full time employees. Years of Service Hours of Vacation lst year thru 4th year .0385 (10 days) Sth yearthru 9th year .0616 (16 days) l Oth year thru I Sth yeaz .0731 (19 days) 16th year Uuv 23rd yeaz .0885 (23 days) 24th year and thereafter .1000 (26 days) • 12.2 The head ofthe department may permit an employee to carry over one hundred and twenty (120) hours ofvacation into the following `�acation yeat". For ttte purpose ofthis article the "vacation yeaz" shaIl be the fiscal year (IRS payroll reporting year). 12.3 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I(one), Subsection H. 12.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty (180) days, he/she may convert any part of such excess at the rate of two (2) days of sick leave for one (1) day ofvacation up to a maximum of five (5) days of vacation. 12.5 The maximum number of days' vacation ailowed by the conversion of sick leave credits shall be no more than five days on any one year so that with the maximum vacation time wluch may be taken in any one year (including carry over allowed &om previous vacation year) shall be forty-suc (46) days including the regular vacation period. 12.6 The provisions of this Article 12 shail not apply to employees working in the titles of Golf Ranger, Park Aide, or Park Worker I. • 14 ARTICLE 13 - HOLIDAYS �3.1 The following twelve (12) days shall be designated as holidays: i: �� New Year's Day, January 1 Martin Luther King Day, thsd Monday in January Presidents' Day, third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veterans' Dag November 11 Thanksgiving Day, four[h Thursday in November Day after Thanksgiving, fourth Friday in November Christmas Day, December 25 Two floating holidays (One floating holiday, effective December 31, 2010) Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. When New Yeaz's Day, Independence Day, Veterans' Day or Christmas Day fa11s on a Sunday, the following Monday shall be considered the designated holiday. When any ofthese four (4) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 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. 13.2 The floating holidays set forth in Section 13.1 above may be taken at any time during the fiscal yeaz, • subject to the approval of the Deparhnent Head of any employee. Effective December 31, 2010, one (1) floating holiday shall be eliminated. 13.3 Eligibility Requirements. Eligibility for Holiday Pay shalI be detennvied in accordance with Seetion I, H, 8, A of the Saint Paul Salary Plan and Rate of Compensation. 13.4 The ten (10) holidays shall be considered non-work days. 13.5 I� in the judgment ofthe Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 8.4 (Call-in-Pay). 13_6 If an employee entitled to a holiday is required to work on New Yeaz's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Martin Luther King Day, PresidenYs Day, Day After Thanksgiving, ar Veterans' Day, he/she shall be recompensed for work done on this day by being granted compensatory time on a time and one-half basis or by being paid on a time and one- half basis for such hours worked, in addition to his/her regular holiday pay. 13.7 The provisions of this Article 13 shall not apply to employees working in the titles of Golf Ranger, Pazk Aide, and Pazk Worker I. • LF ARTICLE 14 - JURY DUTY 14.1 Any emptoyee who is required during his/her regulaz worlang hours to appear in court as a juror or • witness, except as a witness in the employee's own behalf against the Employer, shall be paid his/her regular pay while so engaged. Any fees that the empIoyee may receive from fhe court for such service shall be paid to the City and be deposited with the City Finance Director. Any employee who is scheduled to work a shi$, other than the normal daytime sfiift, shall be rescheduled to work the normal daytime shift during such time as he/she is required to appear in court as a juror or witness. ARTICLE 15 - SEVERANCE PAY 15.1 The Employer shaIl provide a severance pay program as set forth in this Article. 15.2 To be eligible for the severance pay program, an employee must meet the following requitemeuts: A. The employee must be 58 years of age or older or must be eIigble for pension under the "rule of 90" or the "rule of 85" provisions ofthe Public EmpIoyees Retsement Association (PERA). The `Yule of 9Q" criteria shall aiso apply to employees covered by a public pension plan other than PERA. B. The employee must be voluntarily separated from City employment or have been subject to separarion by layoffor compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligfbie for the City severance pay prograzn. C. The employee must have at least ten (10) years of consecutive service under the classified or • unclassified CiviI Service at the time of separation. D. The employee must file a waiver of reemployment with the Director of Hmnan Resources, wiuch will ciearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type), with the City. E. The employee must have accumulated a minimum ofsixty (60) days of sick leave credits at the time of his/her sepazation from service. 15.3 If an empIoyee requests severance pay and if the employee meets the eligbility reguirements set forth above, he or she will be granted severance pay in an atnount equal to one-halfofthe daily rate ofpay for the position held by the emptoyee on the date of sepazation for each day of accrued sick leave subject to a maximnm of $6,500. 15.4 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and ifthe employee would have met all ofthe requirements set forth above, at the time of his or her death, payment of the severance pay will be made to the employee's estate or spovse. I5.5 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. I 5.6 This severance pay program shail be subject to and governed by the provisions of City Ordinance No. • 11490 except in those cases where the specific provisions ofthis article conflict with said ordinance and in such cases, the provisions ofthis article shall control. 16 ARTICLE 15 - SEVERANCE PAY (CONTINUED) pg -�SD 15.7 The provisions of this article shall be effective as of May 31, 1984. � 5.8 Any employee hired prior to May 31, 1984 may, in any event, and 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. However, an election by the employee to draw severance pay under either this article or the ordinance shall constitute a bar to receiving severance pay from the other. 15.9 For employees appointed to a title covered by this Agreement on or after May 1, 1989, the Employer shall provide only the severance pay program as set forth in I 5.10 through 15.14. 15.10 To be eGgible for the severance pay program, an employee must meet the following requirements: A. The employee must be voluntarily sepazated from City employment or have been subject to separation by layoff or compulsory retirement. Those employees who are dischazged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the City severance pay program. B. The employee must file a waiver of reemployxnent with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all clauns to reinstatement or reemployment (of any type), with the City or with Independent Schooi District No. 625. C. 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. I5.11 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 in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of sepazation for each day of accrued sick leave subject to a maximum as shown below based on the number of yeazs of service in the City. Years of Service with the City At Least 20 21 22 23 24 25 Maxunum Severance Pay 5,000 6,000 7,000 8,000 9,000 10,000 I 5.12 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all ofthe requirements set forth above, at the time of his or her death, gayment of the severance pay shall be made to the employee's estate or spouse. 15.13 The mazmer of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. •5.14 This severance pay program shall be subject to and govemed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions ofthis article conflict with said ordinance and in such cases, the provisions of this article shall control. 17 ARTICLE 15 - SEVERANCE PAY (CONTINUED) 15.15 Notwithstanding Article I 5.9, employees appointed prior to May 1, 1989 to a title covered by this Agreement who meet fhe qualifications as defined in articles 15.10 and 15.11 may elect to draw severance pay under the provisions of 15.11. However, an elecfion by an employee to draw severance pay under article 15.11 shall constitute a baz to drawing severance pay under any other provision set forth in this Ageement. 15.16 EmpIoyees appointed on or after May I, 1989 to a title covered by this agreement shall not be eligi�ble for any severance pay provisions other than the pmvisions as set forth in Article 15.9 through 15.14. 15.17 Time with Independent School District No. 625 shall not be used to qualify for the benefrts in this Article for employees hired after January l, 1997. ] 5.18 For any employee who is eligible for and receives severance under this Article, the Emgloyer shall pay one hundred-five percent (105%) of the fuli severance amount into a Post Employment Heahh Plan (PEHP) estabiished by the Bmployer. 15.19 Effective January 1, 2009, an employee must meet the following requirements to receive a beneSt under this plan_ All other severance benefit plans shall be discontinued. (1) The employee must be voluntarily separated &om City employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharge3 for cause, misconduct, inefficiency, incompetence, or any other disciplinary reason are not eligi�ble for the • city severance pay pmgram. For the purpose of this severance pmgram, a death of an employee shall be considered as separation of employment and if the empIoyee would have met all of the requirements set forth at the time of his/her death, payment of the severance pay shalI be made to the employee's estate or spouse. For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is considered a sepatation of employment, and such transfetee shall be eIigible for the City severance program. For the purpose of this Article, service requirements for severance eligibility wili not include years of service with Independent School District No. 625 for employees hired by the City or transferred to the City after March 31, 2001. (2) The employee must file a waiver of re-employment with the Human Resources Director, which will clearTy indicate that by requesting severance pay, the empIoyee waives all claims to reinstatement or re-employment (of any type), with the City. (3) The employee must have a minimum of 12 years of service and 600 hours of sick leave credits at the time o f his/her sepazation of service from the City (4) If an employee requests severance pay and if the employee meets the eligbility requirements set forth above, he/she will be granted severance pay as shown below: r 1 LJ IE:3 ARTICLE 15 - SEVERANCE PAY (CONTINUED) Minirnum 12 years of service and accrued sick leave credits of • 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 1100 Severance j}�'� D $ 4,000 $ 5,000 $ 6,000 $ 7,000 $ 8,000 $ 9,000 $ 10,000 $ 11,000 $ 12,000 $ 13,000 $ 14,000 $ 15,000 15.20 With the exception of deceased employees referenced in 15.19(1), any employee who is eligible to receive severance from the City under this Ar[icle 15, the City will contn'bute 105% of the full amount oftheir severance payment to a Post Employment Health Plan (PEHP) in lieu of any cash payment to the employee. ARTICLE 16 - WAGES 16.1 �6.2 The basic hourly wage rates as established by Appendix A shall be paid for a11 hours worked by provisional, regular and probationary employees. The basic hourly wage rates in Appendiz A reflect the following increases: Effective payroll period closest to May 1, 2008: 3.25% increase* Effective payrolt period closest to April 1, 2009: 3.25% increase** Effective payroll period closest to January 1, 2010: 3.25% increase*** * At the time ofthis increase, wages will be decreased by $0.60/hour to be contnbuted to a supplemental pension plan as per Article 4.4. ** At the time ofthis increase, wages wil] be decreased by $0.85/hour to be contributed to a supplemental pension plan as per Article 4.4. ***At the time ofthis increase, wages will be decreased by $L10/hour to be contributed to a supplemental pension plan as per Article 4.4. ARTICLE 17 - SAVINGS CLAUSE 17.1 This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Saint Pau1. 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 appea) kas been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. • 19 ARTICLE 18 - JURISDICTION 18.1 Disputes concerning work jurisdiction between and among Unions is recognized as an appropriate • subject for determination by the vatious Unions representing employees ofthe Employer. -- 18.2 In the event of a dispute conceming the performance or assignme� of work, the Unions involved and the Employer shall meet as soon as mutually possble to resolve the dispute. Nothing in the foregoing shalI restrict the riglrt of the Empioyer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign wortc 18.3 Any employee refusing to perform work assigned by the Employer shall be subject to discipfinary action as provided in Article 7(Disciplinary Procedures). 18.4 There shall be no work stoppage, sTow down, or any disruption ofwork resuhing from a work assignment. 18.5 'Fhe subcontracting of work done by the employees covered by this Agrcement shall in alf cases be made only to Employers who qualify in accordance with Ordinance No. 14013. ARTICLE 19 - SICK LEAVE 19.1 Sick leave shall be earned and granted in accordance with the Civil Service Rules_ Effective January 1, 2007, eligfble employees shall earn sick leave at a rate of fourteen (14) days per year, or 0.0538 of a working hour for each full hour on the payrolL Effective December 31, 2008 (closest pay period), elig4bie employees shali earn sick leave at a rate ofthirteen (13) days per year, or 0.0498 of a working • hour for each full hour on the payroll. Effective December 31, 2009 (closest pay period), eligible employees shall earn sick leave at a rate oftwelve (12) days per year, or 0.0462 of a working hout for each full hour on the payroU. Sick leave without pay may be granted in accordance with the provisions of Section 20H of the Civil Service Rules for a period up to but not to exceed three years_ 14.2 In the case of a serious illness or disabiSity of an employee's child, parent or household member, the head of the department shal] grant leave with pay ia order for the employee to care for or make arrangements for the care of such sick or disabled persons. Such paid leave shall be drawn from the employee's accumulated sick leave credits. Use of such sick leave shall be limited to forty (40) hours per incident. 19.3 Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, may be granted one (1) day ofsick leave to attend the funerat ofthe employee's grandpazent or grandchild. 19.4 Pregnant employees of the City of Saint Paul shall be eligble for the use of paid sick leave and u�aid leave of absence in the same manner as any other disabled or iil City employee. Such paid sick leave eligibility shall begin upon certification by the employee's attending physician that the employee is disabled in terms ofher ability to perform the duties of her position. 19.5 'Fhe head of the Department or the Human Resources Director may require a physician's certificate or additional certificates at any time during an employee's use of sick leave for the purposes stated in tlrticle 19.2 above. A31 such certificates shaii be forwarded by the appointing officer to the Haman • Resources Office. 1�17 ARTICLE 19 — SICK LEAVE (CONTINUED) b � ,� If an empioyee is absent because of the provisions of Article 19.2 above for three (3) or fewer calendaz days he/she shall submit to the Head ofthe Deparfinent a cer[ificate signed by the employee stating the nature of the child, parent or household member's sickness. If the sickness continues for more than • three (3) calendar days, no further sick leave shall be grantad unless or until a physician is consuhed. The sick leave may be continued from and include the day of consultation, but only if a certificate signed by the physician certifying to the nature and period ofthe person's sickness is submitted and approved by the Head of the Department and forwarded to the Human Resources Office. 19.6 No sick leave shall be granted for the above reasons unless the employee reports to his/her department head the necessity for the absence not later than one-half hour before his/her regularly scheduled time to report for work, unless he/she can show to the satisfaction ofthe Department Head that the failure to report was excusable. 19.7 An employee shall be paid under the pmvisions ofthis paragraph only for the number of days or hours for which he/she would normally have been paid if he/she had not been on sick leave. 19.8 The provisions of this Article I 9 shall not apply to employees working in the titles of Golf Ranger, Park Aide, or Park Worker I. ARTICLE 20 - PARENTAL LEAVE 20.1 Maternity Leave. Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estnnated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the Employer may approve such • leave at its option, and such leave may be no longer than one (1) year. 20.2 School Conference Leave. An employee shall be granted up to a totaf of sizteen (16) hours during a school year to attend school conferences or classroom activities related to the employee's child, 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 far 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 operations of the Employer. An employee shall be allowed to use vacation or compensatory time for this leave; otherwise, this leave shall be without pay. ARTICLE 21- LEGAL SERVICES 21.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the Ernployer shatl defend, save harmless and indemnify an employee, and/or his/her estate, against any claim or demand, whether groundfess or oYherwise, arising out of an alleged act or omission in the performance and scope of the employee's duties. ARTICLE 22 - STRIKES, LOCKOUTS, WORK INTERFERENCE 22.1 The Unions and the Employers agree that there shall be no str�ces, work stoppages, slow-downs, sit down, stay-in, or other concerted interference with the Employer's business or affairs by any of said • Unions andJor the members thereo� and there shall be no bannering during the existence of this Agreement without first using all possible means of peaceful settlement of any controversy which may arise. 21 ARTICLE 23 - DEFERRED COMPENSATION 23.1 Empioyees who have completed ten (10) through nineteen (19) years of service with the City of Saint • Paul and who meet the eligibility requirements lisfed below shall be eligible for $600 per year for _ Defened Compensation paid by the Employer on a dollaz-for-dollar match Effective January 1, 2007, this amount shall be increased to $800. 23.2 Employees who have completed twenty (2Qj yeacs of service with the City of Saint Paul and who meet the eligibility requirements listed below shall be eligible for $800.00 per yeaz for Deferred Compensation paid by tfie Employer on a dollar-for-dollar match Effedive January 1, 2007, this amount shalT be increased to $1,000. 23.3 Effective January 1, 2007, employees who have completed five (5} through nine (9) years of service with the City of Saint Paul, and who meet the eligibiIity requirements Iisted below, shall be eligible for $200 per year for Deferred Compensation paid by the Employer on a doliar-for-dollar match 23.4 Eligbility and Implemeirtation: A. For initial match, employees mnst have been employed for a miniruum of five (5) years. B. Employees must have made their complete contnbutions by December 31 of the previous calendaz year. C. City matches will be made by April 1 ofthe following year. • D. Employees must be on the payroll as ofthe date ofthe Empioyer's payment. E. Empioyees not on the payroll at the time ofthe Employer's payment, due to seasonal layof� will still receive the Employer's contnbution amount ifthe employee has conm�buted double his/her contnbution aznount. F. Qualifying years of service for the 1 Q& 20 year rates mvst have been attained by January 1 of the previous year to which the payment is to be made. ARTICLE 24 - TERMS OF AGREEMENT 24.1 The Employer and the tFnion acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and imderstandings reached by the parties a$er the exercise ofthis right are fully and completely set forth in this Agreeme�. Any and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and canditions of employment to the eictent they are inconsistent with this Agreement are hereby superseded. In those areas where Civil Service Rules are not inconsistent with this Agreement, the Civil Service Rules shall corrtinue to be in effect. • 22 ARTICLE 24 — TERMS OF AGREEMENT (CONTINUED) �,�� 24.2 Except as herein provided this Ageement shall be effective as of the date it is executed by the parties and shall continue in full force and effect thru December 31, 2010, and thereafter until modified or • amended by mutual agreement ofthe parties. Either party desiring to amend or modify this Ageement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. 24.3 This constihrtes a tentative agreement between the parties which will be recommended by the City Negotiator but is subject to the approval of the Administration of the City, the City Council and is also subject to ratification by the Unions. WIT'NESSES: CITY OF SAINT PAUL TRI-COUNCIL BY: ��-r ason Sc Labor Relations Manager DATE: O � � � �o - � DO S' r1 LJ � BY: - 'L C./����J �Z+ Business Representative, Local 120 DATE: BY: Business M ager, Local 132 DATE: BY: / t�dr[ 1�_ Business Representative, Local 132 DATE: BY: i����=�c�� �//���;yu-''' Business Repr sentative, Local 49 DATE: BY: ��� a�i�-- Business ger, L,oca149 DATE: 23 APPENDIX A- Wage Schedules, Premiums b� ��5� •The hourly wage rates for pmvisional, regular and probationary employees working in the classes listed below are as shown: Effective on the following dates: GROUP A Note: 2008 wage includes $0.60/hour deduction as per Article 4.4 2009 wage includes $0.85/hour deduction as per Article 4.4 2010 wage includes $1.10/hour deduction as per Articie 4.4 (Each yeaz pension deductions will increase $0.25 each yeaz -- $0.25 in 2008, $0_50 in 2009, and $0.75 in 2010. The January 1, 2008 rate reflects the $035 deduction already taken.) *This title is abolished except as to present incumbents. ** 20-year st based on em loyment date. 01/Ol/08 OS/Ol/08 04/Ol/09 0}/Ol/10 (closest pay period) (closest pay period) (closest pay eriod) (closest pay period) Brid e Crew Leader Start 22.65 23.64 24.66 25.71 **20-year --- --- 24.96 26.02 Bridge Maintenance Worker Start 20.75 21.67 22.62 23.61 **2p-Year --- --- 22.92 23.91 Grounds Crew Leader Start 21.27 22.21 23.18 24.18 *#20-year --- --- 23.48 24.49 Labor Crew Leader Start 21.27 21.96 22.67 23.41 **2p-Yeaz --- --- 22.97 23.72 Sewer Crew Leader Start 22.56 23.54 24.56 25.61 **20-year --- --- 24.86 25.92 Sewer Services Worker Start 20.53 21.45 22.40 23.38 **20-yeaz --- --- 22.70 23.69 Stores Laborer Start 20.15 20.80 21.48 22.18 **2p-Year --- --- 21.78 22.49 treet Services Worker Start 2015 21.05 21.98 22.94 *#2p-Year -- --- 22.28 23.25 A-1 APPENDIX A- Wage Schedules, Premiums (Continned) �Unskilled Laborer Start 20.15 20.80 21.48 22.18 **20 _Y�' --- --- 2I.78 22.49 Water Ut�ity Worker I Start 20.15 Z1.05 21.98 22.94 �� --- --- 22.28 23.25 Water Utility Worker II Start 20.80 2I.73 22.69 23.68 � --- --- 22.99 23.99 Water System Worker I Start 20.53 21.45 22.40 2338 * � 20- Y� --- -- 22.70 23_69 Water System Worker II Start 21.81 22.77 23.76 24.78 **20- --- --- 24.06 25.09 Water Service Worker- Contral Desk Start 21.86 22.82 23.81 24.83 ** Zp_Yeaz --- --- 24.11 25.I4 Golf Ranger First 500 hours 6.88 7.I0 733 7.57 Second 500 hours 7.60 7.85 8.11 8.37 Third 500 hours 8.26 8.53 8.81 9.10 Fourth 500 hours 8.98 9.27 9.57 9.88 **20 _Y� --- --- 9.87 10.19 Util' Aide First 1040 hours 10.80 11.15 11.51 11.88 Second 1040 hovrs 11.92 1231 12.71 13.12 Thud 1.040hours t3.59 14.03 14.49 14.96 Fourth 1040 hours 15.27 I 5.7'7 16.28 16.81 **20 _Y�' --- --- 16.58 17.12 Parks Worker I First 500 hours 8.14 8.40 8.67 8.95 Second 500 hours 8.85 9.14 9.44 9.75 Third 500 hours 9.53 9.84 T 0.16 10.49 Fowth 500 hours I0.23 10.56 10.90 11.25 **20- --- --- 11.20 11.56 • • r1 U A-2 APPENDIX A- Wage Schedules, Premiums (Continued) 08'�b Parks Worker I - Operations Como Campus 1- 499 hours 8.85 9.14 9.44 9.75 500 -1499 hours 9.53 9.84 10.16 10_49 1500+ hours 1Q.23 10.56 10.90 11.25 **20-year --- --- 11.20 11.56 Pazks Worker II First 1040 hours 13.03 13.45 13.89 1434 Second 1040 hours 13.59 14.03 14.49 14.96 Third 1040 hours 14.44 14.91 15.39 15_89 Fourth 1040 hours 15.27 15.77 16.28 16.81 #*20- ear --- --- 16.58 17.12 Pazks Worker III Start 20.15 21.05 2�.98 22.94 **20_year --- --- 22.28 23.25 Golf Worker III Start 20.15 21,05 21.98 22.94 �*20-Year --- --- 22.28 23.25 arden Laborer Start 18.55 19.15 19.77 20.41 ABer 6 months 19.09 19.96 20.86 21. 79 **20-year --- --- 21.16 22.10 Gardener Start T9.69 2033 20.99 21.67 After 6 months 20.11 21.01 21.94 22.90 **2p-Year --- --- 22.24 23.21 Lead Gardener Start 21.88 22.84 23.83 24.85 **20-year --- --- 24.13 25.16 Lead Landsca er Start 21.88 22.84 23.83 24.85 **20-year --- --- 24.13 25.16 �Groundsworker Sfart 18.96 19.58 20.22 20.88 After 6 months 14.49 20.37 21.28 22.22 •*2p_year --- --- 21.58 22.53 A-3 APPENDIX A- Wage Schedules, Premiums (Continued) *Groundsworker- Water Ut7ity Start 18.96 19.58 20.22 20.88 A$er 6 months 19.49 20:37 2I .28 22.22 *# Zp_Y� --- --- 2I.58 22.53 Assistant GolfCourse Su eriatendent Start 22.12 23.09 24.09 25.12 **2 p_Y�' -- -- 24_39 25.43 Assistant Gazdener Start 14.26 14.72 1520 15.69 After 6 months I4.81 15.29 15.79 16.30 * � 2 � - Y�' --- -- 16.09 16.61 Landscape Worker Start 14.26 14.72 15.2d 15.69 After 6 months 14.81 15.29 15.'79 16.30 **20-yeaz --- --- 16.09 16.61 GROUP B No titles remaining in this �uP• GROUP C • • � U m APPENDIX A- Wage Schedules, Premiums (Continued) �g '�� Heavy Equip. Oper. / Sewer tility Start 23.90 24.93 25.99 27_08 **2p-Year --- --- 26.29 2739 Jet Sewer Cleaner Operator Start 23.90 24.93 25.99 27.08 **2p-Year --- --- 26.29 2739 Revolving Power Equip. Operator Start 26.95 27.83 28.73 29.66 **20-year --- --- 29.03 29.97 :• 1' � :� a *Driver based on employment date. O1/01/08 Udlx!! � 2135 'ver O erator- Water Start 20.44 21.35 a* Zp - Ye�' --- --- *This titte abolished except as to present incumbents. GROUP E 22.29 22.59 22.29 22.59 23.26 23.57 23.26 23.57 ** 20-year step based on employment date. 01/01108 OS/Ol/08 04/Ol/09 01/Ol/10 (closest ayperiod) (closest ayperiod) (closestpayperiod) (closestpay �od) Forestry Crew Leader Start 23.96 24.99 26.05 27.15 *�2Q-year --- --- 26.35 27.46 Tree Worker Start 21.56 22.45 23.43 24.44 **20-year --- --- 23.73 24.75 PREMIUMS Employees required to work eight (8) feet or lower beneath ground shall receive three and one-half percent (3.50%) per hour above the regular base hourly rate for each hour or any part thereof worked in such an assignment. This provision shall not apply to emgloyees working under the titles of Water System Worker I or Water System WorkerII. � APPENDIX A— Wage Schedules, Premiums (Continued) B. A premium pay of fifty-cents ($.50) per hour shail be paid for a11 swing stage work, such as work performed from a boatswain's chair or a swing scaffold or hazardous work that requires ttte use of a safefy beh. All standard safety laws shall be complied with Effective January 1, 2006, a premium pay oftwo and on�hal (2.50%) per hour sha12 be paid for all swing stage work, such as work performed from a boatswain's chair � a swing scaffoid or hazardouswork that requiresthe vse of a safety beh. Employees assigned to the Reachall shall aLso be elig�ble for this premium. AIT standard safety laws shall be compIied with. C. Tree Workers assigued to the crew performing tree mmming duties in assisting Northern States Power Company shall receive four perceirt (4%) per hoia above the regular base rate or any part thereof worked in such an assignment. D. Employees assigned the duries of Oiler Operator or I,oad & Pack sball receive six percent (6%) per hour above the regular base rate for each hour or any part thereof worked in such an assignment. E_ Street Services Workeis, Pazks Worker or Water Utility Workers I assigned to perform duties of an �Asphalt Raker shall receive three percent (3%) per hour above the regular base rate for each hour or any part thereof worked in such assignment. F. Street Services Workers, Water Utility Workers I, Pazks Workers, or Bridge Workers assigned to perform duties of an*Tacman/Tamper shall receive six percent (6%) per hour above the regular base rate for each hour or any part thereof worked in such assignment. This is in lieu of any clothing allowance and shaIl be paid only for hours worked perfornung such duties. G. Any Parks Worker/*Grounds Worker assigned to operate a 580-D or a rotary grass cutting machine having a cutting width of over fifteen (15) feet shall receive forty-five cents ($.45) per hour above the regular base rate for each hour or any part over one fourth hoiu actually worked in such an assignment. Effective Janua� 1, 2006, any Parks Worker/*Grounds Worker assigned to operate a 580-D or rotary grass cutting machine having a cutting width ofover fifteen (15) feet shall receive two and one-half (2.50%) per hour above the regular base rate. The regular operators of the 580.D equipment from previous seasons will be considered first for these assignments. For new openings, the Division will post the opening and take the senior qualified candidate. However the Division does not waive its rights to assign premium pay positions to less senior employees if it deems it necessary. This premium does not include reel mowers or 7-gang mowers. H. Parks Workers or Grounds Workers assigned to an abatement crew on a summary abatement deemed to be hazardous by the Heaith Department Inspector and PED summary abatement supervisor and requiring the use of special protective clothing shall receive sixty cents ($.60) per bour above the regular base rate for each hour or any part thereofworked in this assignment. Effective January l, 1999 upon wmpletion of training. This premium shall also apply to Campus and Abatement Crew Leader positions. I. Street Services Workers, Water Utility Worker Ps, and Pazks Workers assigned to drive tandem trucks, or required to drive lowboy, huck trailer, wing plow, or show mobile, or Water utility Worker I's at Vadnais assigned to operate tUe farm tractors shall receive twenty-five cents ($.25) per hour above the base rate for each hour or any pazt thereofworked in such an assignment. *Driver-Operators and Street Services Workers paid as `Bid Drivers" as deSned under the provisions of Appendi�c D, A3 aze not eligi'ble for this premium • � APPENDIX B— Temporary Employee Wage Schedules Effective 2008 * s � * s * � emporary employees shall be paid one hundred percent (100%) ofthe appropriate wage rates established by e Highway and Heavy Agreement then in effect between the Unions and the Associated General Contraciors of Minnesota (AGC). Appropriate AGC fringe benefit contn�butions shall also be paid to the jointly trusted funds. Effective upon ratification of the contract. 1. The hourly rates for temporary Employees working in the classes listed below are as shown: Bridge Maintenance Worker Water System Worker I Water Utility Worker I Pazks Worker III Sewer Services Worker Street Services Worker • 2. • Effective 2009 x* ** *:� ** ** ** / / � • Effective 2010 ** *� ** *� ** ** The hourly wage rates for teinporary employees working in classes listed below shall be the same as the wage rates applicable to provisional, regulaz and probationary employees working in said classes as shown in Appendix A: Gazden Laborer Gardener For temporazy Employees working in the classes listed above the following fringe benefit contnbutions shall be made to the Minnesota Laborers' Fringe Benefit Fund: Health and Welfare Pension Vacation*** Training LECET Effective 2008 � a * * * Effective 2009 ** ** ** ** ** Effective 2010 ** ** ** m� m� * At the time of the signing of this agreement rates were not available. ** At the time of the signing of this agreement rates were not available. ***This contnbution is t�able. The hovrly rates for temporary Employees working in the ciasses listed below are as shown: Effective 2008 Heavy Equipment Operator * Revolving Power Equipment Operator * Effective 2009 mz ** Effective 201Q ** ** I� APPENDIX B— Temporary Employee Wage Schedules (Continued) � 'Fhe hourly wage rates for temporary Employees in the classes listed below shall be the same as the wage rates applicable to provisional, regular and probationary Employees worldng in said classes as shown in Appendix A. • Tree Worker For temporary Employees working in the classes listed above the following fringe benefits shall be made to Funds designated by IUOE, L,ocai 49: Health and Welfaze Pension Tiaining Effective 2008 a * * Effective Effective 2009 2010 x* *s ** xs s� ** * At the time of the signing of this agreement rates were not avaitabie. #' At the time of the signing of this ageement rates were not available. The hourly wage rates for temporary Employees in the classes listed below shail be the same as the wage ntes applicable to provisional, regular and probationary Employees worlang in said classes as shown in Appendix A. #Driver-Operafor 4. Regular Emptoyees who are laid off and then cailed back in to work on a temporary basis sha11 receive• the regular rate of pay as shown in Appendix A for such titles worked and shali continue to earn and accrue City benefits for such hours worked. 5. For temporazy EmpIoyees working in titles listed in this Appendix B whose length of service and eamings requ'se that they be subject to Public Employees Retirement Association contnbutions, the rate ofpay shall be the rate shown in this Appendix B for such title divided by 1.0518. 6. Ifthe union elects to have the fringe benefit contnbutions listed in tlus Appendix B increased or decreased, the Employer may adjust the applicable rates accord'mgly. 7. The Union will notify the Employer as soon as possble when these rates and their effective dates have been negotiated with the AGC. For their application in this agreement, adjustments will be made on the closest effective payroll dates. • f:�►a APPENDIX C— Generai Policies Regarding Seniority �g.�� The following aze general policies regarding seniority for personnel permanently assigned to the Department of �blic Works Street Maintenance and Sewer Maintenance Divisions and the Division of Parks and Recreation m the classifications of *Driver-Operator, Laborer, Street Services Worker, Heavy Equipment Operator, Sewer Services Worker, Groundsworker, Pazks Worker, Tree Trimmer II, Power Clam Operator and Tree Worker. These generaI policies will be followed when making job assignments to qualified employees. The productivity needs of the utilizing division may be considered when making job assignments. A. Department of Public Works Class seniority in the *Driver-Operator and Laborer titles shall take precedence over the Street Services Worker and Sewer Services Worker titles for all work assignments. This includes Heavy Equipment Operators who also hold the title of *Driver-Operator and who are reduced to the title of *Driver-Operator. 2. Class seniority in the titles of *Driver-Operator and Street Services Worker shall be used to make temporary job assignments for Heavy Equipment Operator positions in the Street Maintenance Division. 3. The Division shatl identify the number ofprimary Driving Jobs needed each year by May 2, or after the full spring call back, whichever comes first. The primary Driving Jobs not assigned to *Driver-Operators shall be bid using Class Seniority with employees holding the title Street Services Workers. The Street Service Workers selected shall be referred to as"Bid Drivers" and shall be assigned by seniority. • a. *Driver-Operators and `Bid Drivers" shall have their base pay increased by $.ZS per hour. b. `Bid Drivers" will hold that designation and pay far one (1) year until the next annual bid is implemented. a"Bid Drivers" wili not be on Street Service Workers Overtime lists. d, If laid off during the Winter lay of� `Bid Drivers" will be called m prior to Street Services Workers when there is a need for driving jobs. 4. Assignment to a shift eligible for shift differentiai premium pay shall be made based on cIass seniority. Senior employees in the affected class shall not be required to accept such assignment ifihere are employees in such class with less class seniority. 5. Regulaz assignments to the night shift or weekend shift shall be bid seasonally by seniority. Winter season bids shall be made between October I Sth and November I Sth each year. Suimner season bids shall be made after the full spring call back. The hours of each shift shall be defined on the bid sheet. Employees assigned a shift by seniority shall remain on that shift for the duration of the season, unless the shift is discontinued or mutually agreed to by the employee and the Deparhnent. The complaint assignments shall be exempt from these provisions and shall be at the discretion of the Employer. 6. Temporary vacancies on a shift shall be made by upgading the seniar eligible employee on the • shift, who holds the title for the assignment. Should additional assignments become necessary, they shall be made by classification seniority from a temporary vacancy list. An empIoyee may add or remove his/her name from this vacancy list at any time. If a temporary vacancy cannot be filled from the vacancy list, the position witl be filled from the master seniority list. GI APPENDIX C— General Policies Regarding Seuiority (Continned) B. Division of Parks and Recreation 2. Class seniority in the Crroundsworker and YDriver-Operator titl s hall take precedence over the• Parks Worker frtTe m fillmg GroimdswotTcer and �Driver-Operator posirions respectively. In the event of a Iayoff in the title of Groimdsworker or in the ritle of Parks Worker, for employees who are certified to the title of Groundsworker and who are then certified to the new title of Parks Worker, their seniority in the title of Groundsworker shall prevail. 2. Class seniority in the Trce Trimmer II and Power Clam Operator titles shall take precedence over Tree Worker titie for assignment to Tree Trimmer II or Power Ciam Operator duties respectively. In the eveut of a layoff in the title of Tree Trimtner II or in the title of Tree Worker, employees who aze certified to the title of Tree Trimmer II and who are then certified to the new title of Tree Worker, their seniority in the title of Tree Trimmer II shall prevail. 3. Assignment to a sluft eligible for shift differential premium pay shall be made based on class seniority. Senior employees in the affected class shall not be required to accept such assignment ifthere are employees in such class with less seniority. 4_ Assignment to the NSP Crew wilt be based on following: a. Vacancies in the Forestry NSP Crew wil2 be filled by certified line clearance tree trimmers who have satisfactory or higher perFormance ratings for at least the preceding year and have no medical restrictions that limit the employee's abiTity to perform the essential fundions of the work required of the NSP crew. A positive drug/alcohol test will disqualify a crew • member for a period of one (1) yeaz from date of test. b. A list of Tree Workers interested in working on the NSP Crew, who meet the minimum qualifications, will be solicited annually. The senior tree worker(s) on the sign-up list will be assigned to the NSP Crew. Ifthe selected Tree Worker tums down an opening, his/her name will be moved to the bottom of the list for firture openings for the annual sign-up period. c. NSP Crew members will remain on the crew until they notify the supervisor they want a change, no Ionger meet the minimum qualifications; or are replaced by a more senior tree worker under the annual sign-up procedute. C. Water Utitity The following procedures will be used to detennine the selection ofpersonnel for overtime work assignments. The selection ofpersonnel wiil vary somewhat due to varying circumstances. This policy shall apply to all bargaining unit titles. JOB ASSIGNMENTS: Job assignments for members ofthe Tri-Council at the Distnbution Division ofthe Water i3tlity will be made using the following criteria: a. Short term (less than the full winter or summer cycle) assignments will be made at • managements' disctetion. G2 APPENDIX C— General Policies Regarding Seniority (Continued) �g,� b. Full term (the entire uom�al winter or summer cycle) assignmenYS will be made on the basis in a given title when openiugs occur on a particular crew. If there will be an opening for a � full cycIe on a crew, management will ask those employees working the same title as that opening ifthey aze interested in the position. 'This will be recorded, and fhe most senior employee working in thaT title interested in the job will be given the position, provided the employee is qualified. Should management have valid reasons not to appoint this candidate to the position, those reasons shall be given to the candidate in writing. Ifno one is interested in a position, the assignment wilt be made to the least senior Emptoyee regularly workiag that tifle. c. Definitions for this section: 2. Seniority used shall be Class Seniority per 11.1 B. 2. "Normal" working cycles for the Utility are late November to late March (winter) and late March to late November (summer). 3. An "Opening" is defined as a vacancy on a crew expected to last at least one entire cycle. d. If a short term assignment is tnade and fhe tune arrives to make assignments for the next cycle, management will review the assignment to detern�ine whether it will be considered an "opening" or not. If it is considered an opening, Section B shall be followed. Z. The Utility shall identify the number ofprirnary Driving Jobs needed each year by April 1, or after the full spring call back, whichever comes first. The prunary Driving Jobs not assigned to *Driver-Operators Water Utility shall be bid using Class Seniority with employees holding the classi$cation Water Utility Worker I. The Water Utility Worker I's selected shall be referred to • as "Bid Drivers" and shall be assigned by seniority. a. "Bid brivers" shall have their base pay increased by $.25 per hour. b. "Bi@ Thivers" will hold thaY designation and pay for one (l ) yeaz until the next annual bid is implemented. c. "Bid Drivers" will only be on the Truck Drivers Overtime lists. • C-3 APPENDIX D— GeneraI Policies Regarding Overtime � � following are general policies regarding the assignment of overtitne. A. Department of Public Works 1. Sewer Maintenance Division It is the policy of the Sewer Maintenance Division to assign overtune in a way which is both fair to all employees and efficient for the administration of this division. In order to implement this policy the following guidelines will be used by the supervisor in charge of setting up crews to work overtime. a An OVERTIME AND CALL OUT SCHEDULE witl be maintained. Names will be listed in order of seniority. This list will be updated petiodically. When people aze called from this list, they will be called by title in order of seniority with the following exceptions: A person who is on sick leave will not be called unless no one else is available. 2. A person who is on vacation will not be called unless all people on the list who worked that day aze unavailable for overtime. In the case of overtime during the weekend, those people who worked on Friday will be called first. 3. People paid under a certain title during the workday will be called out for overtime under • that title. If enough laborers or service workers cannot be found or if a jet operator is needed, then people who worked a different title that day may be called. 4. If a supervisor gets a call during the workday on a job that may go into overtime, he/she will assign the crew that is most available at that time to do the job. 5. If a crew is on the job and that job has to go into overtime, that crew will work the overtime. If this happens on a Friday and it will be necessary to work during the weekend, that same crew will be caIled first. The only exception will be For steaming during the weekend, in which case crews will be set up by seniority. 6. All peisons on light duty wiTl be moved to the bottom ofthe Overtime and Call Out Schedule. b. It will be up to the supervisor who checks out the complaint to determine what equipment is needed and to call out a crew to complete the job. a Nothing in this policy will prevent a supervisor from deviating from this policy when, in his/her judgment, an emergency e�cists or it is in the best interest of the division to do so. • D-1 APPENDIX D— General Policies Regarding Overtime (Continued) 2. Stre� Maintenance Division a. Week-end and Holiday overtime wilI be assigned by seniori�, from a posted sigu-up list. _This • procedure will be used only when all Heavy Equipmern Operatois, *Driver-Operators, "Bid Drivers" assignees and Street Service Workers have been assigned to work 40 hours. The assigned crew that starts a job s2�a11 continue on the job, when overtime is required to finish the job. If the job requires the week-end to finisty the original assigned crew will be assigned to fuush the }ob. . b. *Driver-Operators, Heavy Equipment Operatots, Street Service Workers or `Bid Driver" assignees tempordrily assigned for more than one week to other divisions (including for this purpose, the asphatt plant) or to other departments, sHail be moved to the bottom ofthe Street Maintenance Divisian seniority list for purposes of overtime for the duration of the assignment. c. The Dispatcher will take up to two (2) phone numbers for each employee to be put on the seniority Iist. When work is available the Dispatcher w�71 start calling from the top of the seniority list. The calls w�71 be made with no waiting between calIs and first to answer will get the work. Wizen a message is left, available work will go to the fust to respond. d. If an employee is off a day fur vacaYion, floating holiday, or oomp time, he/she will be eligble to be called for overtime work that starts after the conclusion of the regular work day. If an employee is offa day for sick leave, he/she will not be called for overtime work until the following day. If an emgloyee is off sick on the last day of the regular work week, heJshe may be called for overtime work, on his/her two regulaz days of� if he/she bas called in to retum to • work_ Ifthat employee, is then offsick on the Srst day oflvslher work week he/she will need a dodor's certificate to be paid for that day. B. Division of Parks and Recreation Parks Maintenance Section Overtime assignment within the Parks Department will be made withiu crews by classification seniority to employees qualified to do the work. Disputes arising from these assignments may be appealed up to and includ'mg Step 3 ofthe grievance procedure ofUvs Agreement. a. When overtnne is required and a crew does not have enongh employees to cover the event, the supervisor will fill the crew first using crew seniority involving ernployees under his/her budget authority and then will have the option to choose the crew he/she deems most appmpriate. b. For the purpose of this section an employee assigned to a building or facility alone will be deemed a crew of one. . � APPENDIX D— General Policies Regarding Overtime (Con6nued) OVERTIME LIST SELECTION PROCEDURES -- DAY CREWS b o� � pecson does not have to be on the voluntary standard overtime list however, if a person is on the list they will be required to work when called. Calling out for overtime shall be done in a cautious and courteous manner. When calling on the phone, the caller should identify themselves and state the reason why the call is being made. Overtime is important to all and should be treated as such The foreman should be called frrst as he has to obtain utilities. If there is any question as to the need to work on, overtime the circumstances should be discussed with the foreman before the decision is made to call a crew. An additional 30 minutes to call the rest of the crew should be no pmblem. Only the Foreman, or Control Desk Worker may actually do the calling -- it should not be delegated any fiuther. The form shall be completely and accurately filled in and signed by the caller. Two attempts to a maximum of two (2) numbers, shall be made to call each person to assure that wrong numbers, busy signals and no answers are double-checked. It is suggested that others be called while giving 10 minutes between first and second attempts. A quick response is expected to the overtime offer, so that a crew can be constructed and work will not be delayed. During the normal work day, it is understood that in some cases, up to an hour may be necessary to contact, family, etc., before the decision to work can be made. However, after 1:00 p.m., it is necessary to g� an answer within I S minutes so as not to delay the job as people aze leaving for the day. The foreman will, to the extent feasible, allow employees the opportunity to make a quick phone call if necessary. 1. The standard overtiine list will be used for calling out people for overtnne. If the person who is • up that week cannot work, the other people shall be called by rotating through the standard overtime list and if no one is available then the stand-by overtime list will be used, except if calling for a WIJW II or W[JW I- then the night overtime list will be used, then the day stand-by list. Temps will be used as a last resort. 2. Rules for Standby Overtime: Water System Worker II: After e�austing the WSW II overtime lisY, proceed in the following sequence: a Go to the WSW I Standazd Overtnne List. b. Go to the Rotating WSW II/WSW I Standby Over[ime List. Water System Worker I: After ea�hausting the WSW I overtime list, pmceed in the following sequence: a. Go to the WSW II Standazd Overtime List. b. Go to the Rotating WSW II/WSW I Standby Overtime. 3. Personnel will be selected from the overtime list for emergency jobs that come in after normal working hours (inain breaks, etc.) or for planned overtime jobs where no crew has previously worked on the project during normal working hours. • �� APPENDIX D— General Policies Regarding Overtime (Continued) 4. If a crew cannot complete a job in normal worlang fiours and the decision is made to continue the job into overtime, all crew members aze eicpecfed to work the overtime. Ff prior • commitments prolubik crew members &om working the overtime, they may be replaced; acc6rding to #I aliove however, they are to stay on tfie job unt� t7�ei� repIaceme� arcives so as not to delay job completioa Iftfie job will go beyond Z l�urs of overtime, any HEO's not on the standard overtime list shall be replaced at 4:00 p.m If the job, includ'mg the street repair crew, will go beyond 4:00 p.m., the Truck Driver (if it is not his week) shall be replaced. Those not hokling the proper supervisor title shall be replaced. If possble, the Dispatcher shall switch drivers on jobs between 2:00 p.m and 4:00 p.m to allow the driver who is up to be on the overtime job. Ifthis is not possble, the replacement driver shall begin at 4:00 p.m. with a different truck. The daytime driver shall be released when the truck is emgty (i.e. if the truck is being &lled the driver shall be released after emptying at the landfill and if hauling fiIl to the job tfie driver shall be reIeased when the fill has been dumped.) If more thaz► one truck is needed for overtime, the overtime list shall be followed as per the above procedures. Other replacement workets w�l be pemutted only in emergencies. If there are multiple overtime jobs on a normal working day, the tcvck driver who is on his/her scheduled overtime week shall be switched to the job arnicipated to last the longest. This shall be done when the job helshe is presently working has been completed, or at some practical point. 5. If a crew is working on a projecf and the decision is made that work wi11 have to be scheduTed during overtime hours (due to shutoff compiications, etc.) the crew that is on the job at that tane will also work the overtime, except for the Truck Drivers, HEO's not on the standard overtime list, and any employee working out-0f-title. They will be called offthe standard overtime list. � any other members ofthe crew cannot work the overtime, the vacancy will be filled from the overtime list. 6. If a job comes in after 2:00 p.m and will resuh in overtime, it shall be at the discretion of the Superintendent or Assistant Superintendent if #3 or #4 will apply. 7. Anyone working overtime through the night will not be allowed to work overtime the following night. 8. Temporazy workers may not work more than one hour of unscheduled overtime unless no one etse is available aftet following the overtime selection procedutes defined in section 1 and 2. Ifa temporary worker is on a job and needs to be replaced because the job is going to last more than an hour, replacement workeis will be called out according to sections 1 and 2. OVERTIME LIST SELECTION PROCEDURES - NIGHT CREWS Night crews shall schedule vacation so only one employee is off at a time_ If a person is missing on the evening shi8 and a large amount of work is carried forward from the day shift into the evening, a day shift UW II may be kept to hetp clear up the backlog or a replacement called in at managemenYs option (generally, this will depend on whether or not there are more than 2 hours of work). \J D-5 APPENDIX D— General Policies Regarding Overtime (Continued} D $, g � If the decision is made to call in a replacement or supplemental crewmember, the overtime callout pmcedure �all be as fo]lows: In general, replacement personnel shali be called from the standard list covering the title that is absent, i.e. the title the absent crew member would normally work, or, in the case of supplemental help, the title that is needed. 1. Ifthe CDW is absent and a replacement is needed, a CDW is called. 2. Ifthe WUW II is absent and a replacement is needed, a WUW II is called. During the period from November 15th to March 15th, it may be necessary to replace both employees (all three if all are of� depending on workload on the late and weekend shifts. It is managemenYs intention to maiutain a three person crew during this period. This three person crew includes the evening shift Monday through Friday UW I, and late shift UW I if so used. If no one can be found to come in from the standard night overtime list, a replacement shall be sought from the day standazd overtime list, before going to the night standby list. The night crew overtime list shall rotate as used. DISTRIBUTION DIVISION OVERTIME POLICY: The following procedures will be used to detenniue the selection of personnel for overtime work assignments. � he selection ofpersonnel will vary somewhat due to circuxnstances. This policy shall apply to all titles. New sts will be established in, March, July, and November of each year in order by seniority and rotated by four months. OVERTIME POLICY FOR THE THAWING RIGS: In the event it is necessary to work overtime to thaw frozen services, the following policy will apply: 1) Generally, the crew will include one Heavy Equipment Operatar (HEO), and one Utility Worker II (UW II), and may include one Utility Worker I(CJW I). 2) If it is necessary to continue working the rig after working a regular work day, the crew will be called off the thawing overtime list. 3) For the case of starting a crew during overtune hours, the entire crew wiIl be called offthe list. 4) For either case, the usual rules about xnaximum number of hours worked consecutively will apply. 5) The "IisY' will consist of all those day employees holding the above titles who are interested in working. This list will be developed each November and will be listed in order of seniority in that title. The list will "rotate", i.e., an employee's name will be moved to the bottom of the list after working or being given an opportunity to work. If no UW II from days is able to work, a UW II will be called offthe night list. OVERTIME POLICY FOR WATER DEPARTMENT SNOWPLOWING: � list of those Heavy Equipment Operators interested in plowing snow on overtune wi11 be developed in order of seniority by November of each year. The list will rotate, each Heavy Equipment Operator will be moved to the bottom of the list after working or being given an opportunity to work �. APPENDTX D— General Policies Regarding Overtime (Continued) 2. C. Forestry Section A sign up list will be circulated prior io each weekend during the storm season. Employces that will be• avaiIable for emergency call out work durin� that weekend wiIl so indicate on the sign up sheet. Attempts will be made to call out employees in the order of their seniority, however, conditions may prevail that prevent this in order to provide for a response to an emergency situation If a crew is on storm damage clean up during normal working houis, that crew may continue after the eight hour work day has ceased until the Supervisor dismisses the crew. Water Utility The following procedures will be used to de,tern�ine the selection ofpersonnel for overtime work assignments. The selection ofpersonnel wilt vary somewhat due to varying circumstances. This policy shall apply to all bargaining uait titles. IIEFINITIONS: Standard Overtime List: Stand-by Overtime List: Weekly on-call overtime list List used ifthe Employer can not ge# anyone from the standard list to report. OVERTIME LIST ELIGIBILITY: 2. 3. There shall be a standard overtime ]ist and a stand-by overtiine list with the night sTvft and day • sIufts having separate standard overtime lists. A person holding more than one title shall use his/her �m�at working title for the standazd overtime list and any other titles on the stand-by overtime lists. A person not volunteering for the standard overtime list with hislher normal working title, may be on the stand-by list. 4. If a person is off a day for vacation, floating holiday or compensatory time, he/she will, be eligi'ble to be called for overtime work that starts after the conclusion of their regular work day. If an empioyee is off a day for sick leave, he/she will not be called for overtime work until the following day. If an employee is ofF sick on the last day of the regular work week, he/she may be calied for overtitne work on his(her two reguiaz days off if heishe has called in to retum to work. Ifthat employee, is then off sick on the first day of hislher work week, helshe wiIl need a doctor's certificate to be paid for that day. 5. Peisoimel assigned to the night sluft will not be on the standard overtime list for days but may be on the stand-by overtime Fist. 6_ An overtime assigunent call-out sheet shall be used for both day and shift overtime call outs to verify proper use of the procedures. Anyone intentionally misusing the overtime policy shall � subject to discipline. D-3 � APPENDIX D— General Policies Regarding Overtime (Continued) bg ��� VADNAIS STATION/HIGHLAND OVERTIME POLICY: �ater Utility Worker UGroundsworker The following procedures shall be used to d�emune the selection of personnel for overtune work assignments. (1) All overtime will be approved by the Watershed Supervisor II. (2) The Watershed Supervisor II will call personnel for overtune. (3) Personnel will be called in for overtime based on seniority defined as combined continuous experience as a Water Utility Worker I or Grounds worker at Vadnais/Highiand. There aze exceprions/clarifications to this rule as outlined below: a. Many ofthe duties ofthe Water Utility Worker I's and Groundsworkers are similaz The Grrounds worker will not be calied in when the overtime task involves duties exclusive to the Water Utility Worker I title such as reservoir cleaning, conduit work and sludge field pipe work. b. Monday through Thursday: If an employee takes time off on a Friday or the day before a holiday and they make it known to the Watershed Supervisor II that they are available for overtime, they will be eligble for overtime. c. Friday or the day before a holiday: If an employee takes time offon a Friday or the day before a holiday and they make it known to the Watershed Supervisor II that they aze . available for overtime, they will be eligible for overtime, d. When a crew is on a job that goes into overtime, that crew will wntinue the job unfii it is suspended for the day_ NOTE: Management reserves the right to operate differently from the above Water Utility policies when it is deemed necessary. Every effort will be made to follow Yhe above policies. • D-7