The URL can be used to link to this page

95-60ORIGIf�AL CouncilF�7e�t �' �U GreenSheet# 02 r/8 !� �}- RESOLUTION Presented Referred Committee: Date .� G 1 2 3 4 RESOLVED, that the Council of the C`ity of Saint Paui hereby approves and ratifies the attached 1994 Collective Bargaining Agreement between the City of Saint Paul and Local 1842, District Council 14, American Federation of State, County and Municipal Employees, AFL-CIO. Requested by Department of: Approved y Mayor for Submission to Council By: c��ue�— Adopted by Council: Date o,r� � �� .� Adoption Certified by Counc ecretary � �1 DEPARTMENT/OFFICFJCOUNCIL DATE INfTIATED N� 2 7 8 6 4 ��.nT r�s �-�z- s GREEN SHEE CANTACT PERSON 8 PHONE �NITIAVDA7E INfTIAVDATE �DEPAHTMENTOIFECTOR �GITYCAUNdL M�Y ��+Y ASSIGN �CITVATTOFiNEY �CRYCLERK MUST BE ON COUNCIL AGENDA BY (DATE) p0� GFOR ❑ BUDGEf OIqECTO � FIN. & MGT. SEFVICES DIP. OP�EH � MpYOR (OR ASSI5TANn O TOTAL # OF SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION RE�UESTED: . This Resolution approves the attached 1994 Agreement between the City of Saint Paul and AFSCME, District Council 14, Local 1842. RECAMMENDAT70N5: Apprave (A) or Rejecl (R) pER50NAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PIANNMCa COMMISSION _ CIVIL SERVICE CqMMISSION �� Has this perSOnHirtn ever worketl under a corrtract for this department? _ CIB COMMITfEE _ YES NO _ SSAFF 2. Has this person/firm ever been a city employee? — YES NO _ DISTRICT CqUR7 _ 3. Does this person/firm possess a skill not normally possessed by any current city employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO Explein all yes answers on separate sheet antl attach to green sheet INITIATING PflOBLEM, ISSUE, OPPORTUNITV (Who, What, When, Where, Why): See Attached. ADVANTAGES IFAPPFOVED: An Agreement in place thru December, 1994. DISADVANTAGES IF APPROVED. None. DISADVANTAGES IF NOT APPROVED� � No settlement reached and possible strike or arbitration TO7AL AMOUN7 OF TRANSACTION $ 176 300 COST/REVENUE BUDGETED (qRCLE ONE) YES NO FUNDIHG SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION. (EXPLAIN) ��'�� ATTACHMENT TO GREEN SHEET Technical Bargaining Unit Contract Changes A. Wages � C. This agreement provides for no wage increase in 1994. Insurance The agreement continues the City's contribution of the present cost of the Single premium for employees selecting single coverage. The increase to the City's obligation for insurance amounts to 50% of the 1994 premium increase for Family coverage, or $16.99/month per employee selecting family coverage. Vacation The vacation scale was increased by zero, one or two days vacation, depending on years of service. Years of Service lst year tbru 4th year 5th year thru 9th year lOth year thru 15th year 16th year thru 23rd year 24th year and thereafter Current 10 days 15 days 17 days 21 days 26 days Revised 10 days 16 days 19 days 23 days 26 days D. Mileage E. Mileage has been increased from $3.00 to $4.00 per day, and from $.15 to $.20 per mile. This increase amounts to $6,260.63 for this unit. Safety Shoes New language provides for a$10.00 increase to $40.00 for the Employer's contribudons toward the purchase of required safety shoes. Additional increases in the cost of items such as step increases, overtime, and other roll- up costs bring the total one year package cost to appro�mately i% over the base. q�-�Q �� AGREEMENT BETWEEN THE CITY OF 5AINT PAUL AND LOCAL UlvION 1842, DI5TRICT COUNCIL 14, OF THE AMERICAN FEDERATION OF 5TATE, COUNTY AND MUlvICIPAL EMPLOYEES, AFIrCIO �5 INDEX ARTICLE TITLE PAGE Preamble ...............................................ii 1 Recognition .............................................. 1 2 Check Off ............................................... 3 3 Hoursof Work ........................................... 4 4 Work Breaks ............................................. 5 5 Holidays ................................................ 6 6 Grievance Procedures ...................................... 7 7 City Mileage ............................................ 10 8 Residence .............................................. 12 9 Vacation ............................................... 13 10 Insurance .............................................. 14 12 Working Out of Classification . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 18 12 Seniority ............................................... 19 13 Employee Records ....................................... 22 14 $ulletin Boards .......................................... 23 15 Wages ................................................. 24 16 Maintenance of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 17 Leavesof Absence ....................................... 26 28 Military L,eave of Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 19 Management Rights ....................................... 30 20 Discipline .............................................. 31 21 Vacancies .............................................. 32 22 I.egalServices ........................................... 33 23 No Strike-No Lockout . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 24 Severance Pay ........................................... 35 25 Temporary Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 26 Nondiscrimination . . . ... . . ... . . .... .. . . . ... . . . . . . . .. .. . . . . 39 27 Sick Leave Usage for Dependent Care . . . . . . . . . . . . . . . . . . . . . . . . . 40 28 Safety ................................................. 41 29 Special Employment Titles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 30 Termsof Agreement ...................................... 43 AppendixA ............................................. A1 i �5 PREAMBLE This AGREEMENT entered into by the CTTY of Saint Paul, hereinafter refened to as the EMPL.OYER, and I.ocal UNION 1842, affiliated with Council 14, and the American Federation of State, County and Municipal Employees, AFL-CIO, hereinafter referred to as the UNION, has as its purpose the promotion of harmonious relations between the EMPLOYER and the UNION, the establishment of rates of pay, hours of work, and other conditions of employment. ii q5- �� ARTICLE 1 - RECOGNITION 1.1 The EMPLOYER recognizes the TJNION as the sole and exclusive bazgaining agent for the purpose of establishing salaries, wages, hours and other conditions of employment for all of its employees as outlined in the certification by the State of Minnesota, Bureau of Mediation Services, dated July 12, 1973, in Case No. 74-PR-7-A and as amended and as set forth in Section 1.2 below. 1.2 The bargaining unit covered by this AGREEMENT shall consist of the following: All technical personnel who are employed by tbe City of St. Paul or who have their "terms and conditions of employment" established by the governing body of the City of St. Paul, and whose employment service exceeds the lesser of 14 hours per week or 35 percent of the normal work week and more than 67 work days per year, in the classifications of: Accounting Technician I Accounting Technician II Accounting Technician III Accounting Technician IV Adaptive Recreation Assistant Adaptive Recreation Director Aquatics Manager Architectural Drafter Trainee Architecturai Drafter Business Relocation Specialist Citizen Service Analyst City Planning Aide City Planning Technician Clinic Nurse Community Education/Recreation Coordinator Community Liaison Officer Dental Assistant Dental Hygienist 'Depury License Inspector II Duplicating Shop Manager Duplicating Equipment Operator (Two-Color) EDP Lead Programmer EDP Network Specialist I EDP Network Specialist II EDP Programmer EDP Programmer Analyst EDP Progra�mer Trainee Engineering Aide I Engineering Aide II Engineering Assistant Environmental Health Aide Environmental Health Inspector *Environmental Health Inspection Supervisor Equal Empioyment Opportunity Specialist `Field Representative I Fire Aide Fire Communications Operator I Fire Communications Operator II Fire Prevention Inspector I Fire Prevention Inspector II Graphic Arts Technician—City Planning Health and Education Assistant Health and Education Assistant -Cambodian/Engiish Health and Education Assistant -Hmong/English Health and Education Assistant -Spanish/English Health Laboratory Technician I Health Laboratory Technician II Housing Counselor Housing Rehabilitation Advisor I -1- ` .i ARTICLE 1 - RECOGNITION (Continued) Housing Rehabilitation Advisor II Human Rights Technician `Instrumentman Library Assistant `Library Assistant II License and Permit Aide License and Permit Inspector License Enforcement Auditor Loan & Grant Assistant I Loan & Grant Assistant II Loan Specialist I I.oan Specialist II Medicai Assistant Medical Records Practitioner Nutrition Assistant I Nutrition Assistant II Payroll System Technician Plan Examiner I Plan Examiner II 'Plan Examiner III Practical Nurse Project Management Technician 'Public Buildings Technician II Public Works Technician 1 Public Works Technician II Public Works Technician III Real Estate Specialist I Recreation Center Director Recreation Lzader Registered Radiological Technologist Rehabilitation Supervisor Senior Plan F�caminer Service Worker III Surveyor Telecommunications Technician sTraffic Technician II Treasury Technician Valuation and Assessment Aide I Valuation and Assessment Aide II Valuation and Assessment Technician I Valuation and Assessment Technician II Valuation and Assessment Technician III Video Production Assistant Water Department Technician I Water Utility Technician II Water Department Technician III Water Laboratory Aide Zoning Aide Zoning Technician 'Title abolished except as to present incumbents. 1.3 Any present or future employee who is not a UNION member shali be required to contribute a fair share fee for services rendered by the LTNION, and upon notification by the UNION, the EMPLC3YER shall check off said fee from the earnings of the employee and transmit the same to the iJNION. In no instance shall the required contribuUon exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. 1.4 The UNION agrees to indemnify and hold harmless the EMPLOI'ER against any and all claims, suits, orders or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of Section 1.3 of this ARTICLE. -2- q5-�� ARTICLE 2 - CHECK OFF 2.1 The EMPLAYER agrees to deduct the U1vION membership initiation fee assessments and once each month dues from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the EMPLOYER by a representative of the UNION and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 2.2 The UNION agrees to indemnify and hold harmless the EMPLOYER against any and all claims, suits, orders or judgments brought or issued against the CTI'I' as a result of any action taken or not taken by the CTTI' under the provisions of this ARTTCLE. -3- � ` ARTICLE 3- HOURS OF WORK 3.1 The normal work day shall be seven and three/fourths (7'/a) consecutive hours per day, exciuding a forty-five (45} mi�ute lunch period, 15 (fifteen) minutes of which shall be paid. 3.2 The normal work week shall be five (5) consecuiive normai work days in any seven (7) day period. 3.3 For employees on a shift basis, this shall be construed to mean an average of thirty-eigl�t and three-fourths (38 hours per week. 3.4 This section shall not be construecl as, and is not a guazantee of, any hours of work per normal work day or per normal work week. 3.5 Time on the payroll in excess of the normal hours set forth above in this ARTTCLE shall be 'bvertime work" and shall be done only by order of the Head of the Department. 3.6 All employees in this bazgaining unit shall be recompensed for work done in excess of the normal hours established above in this ARTICL.E 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 overtime work. The overtime rate of one and one-half shall be computed on the basis of 1/80th of the biweekly rate. 3.7 Normal work schedules showing the employee's shifts, work days and bours shall be posted on all department bulletin boazds at all times. It is also understood that deviation from posted work schedules shall be permissible due to emergencies and acts of God, and overtime may be required. 3.8 Notwithstanding ARTICLES 3.2 through 3.6, empIoyees may, through mutual agreement with the EMPLOYER, work schedules other than schedules limited by the normai work day and work week as set.forth in ARTICLES 3.1, 3.2 and 3.3. Overtime compensation for employees worldng under such agreements shall be snbject to tbe provisions, for same, as set forth by the Fair Labor Standards Act. 3.9 For employees who wish to share a position, the EMPIAYER will attempt to provide options for implementing a sharing arrangement. Such an arrangement must be mutually agreed upon by the EMPLOYER and the employees involved. Vacation, holiday and sick leave benefits for employees who share a position shall be pro-rated based upon the percent of hours worked. Health insurance benefits shall be administered in accordance with the provisions of ARTICI.E 10 of this AGREEMENT. In the event that one of the employees participating in the shared position is terminated or terminates employment, the EMPLOYER shall post the job sfiaring vacancy for a period of ten (10) days. If at the end of ten (10) days, such vacancy cannot be filled, the EMPLOYER sha11 have the option of increasing the remaining emptoyee's work hours. 3.10 ARTICLES 3.8 and 3.9 shall not be subject to the provisions of ARTICLE 6 of this AGREEMENT. -4- q�-�0 ARTICLE 4 - WORK BREAKS 4.1 Rest Periods - All employees work schedules shall provide for a fifteen (15) minute rest period during each one-half shift. The rest period shall be scheduled by management at appro�mately the middle of each one-half shift whenever this is feasible. 4.2 If an employee is scheduled to work a full half shift beyond his/her regular quitting time, he/she shall be entitled to the rest period that occurs during said half shift. -5- � �, ARTICLE 5 - HOLIDAYS 5.1 Holidays recognized and observed - The following days sha11 be recognized and observed as paid holidays: New Yeaz's Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Labor Day Veterans' Day Thanksgiving Day Day After Thanksgiving Christmas Day Two floating holidays Eligible employees shall receive pay for each of ihe fiolidays listed above, on which they perform no work. Whenever any of the holidays listed above falls on a Saturday, the holiday shall be observed on the preceding Friday. Whenever any of the holidays listed above fa11s on a Sunday, the holiday shall be observed on the succeeding Monday. For those employees assigned to a work week other than Monday through Friday, the holiday shatl be observed on the calendar date of the hotiday. 5.2 The floating holidays set forth in Section 5.1 above may be taken at any time during the contract year, subject to approval of the Department Head of any employee. 5.3 Eligibility Requirements - In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for tbe purposes of this section. It is further understood that neither temporary, emergency nor other employee not heretofore eligible shall receive holiday pay. 5.4 Notwithstanding ARTICLE 5.3, a temporary employe pay only after such employee has been employed as a sixty-seven (67) consecutive work days. No temporary for any floating holidays. e shall be eligible for holiday temporary employee for employee shall be eligible � q 5 -�� ARTTCLE 6 - GRIEVANCE PROCEDURES 6.1 The EMPLOYER shall recognize stewards selected in accordance with UNION rules and regulations as the grievance representatives of the bargaining unit. The UI�TIOI�' shall notify the EMPLOYER in writing of the names of the stewards and of their successors when so named. 6.2 It is recognized and accepted by the EMPLOYER and the IJNION that tbe processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee's duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the stewazd and the employee have notified and received the approval of the supervisor to be absent to process a grievance and that such absence would not be detrimentai to the work programs of the EMPLOYER. 6.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure for the processing of grievances, which are de£ined as an alleged violation of the terms and conditions of this AGREEMENT. However, this ARTICLE does not abridge grievance rights possessed by eligible veterans under applicable veterans' rights statutes. 6.4 Grievances shall be resolved in conformance with the following procedure: Step 1- Upon the occurrence of an alleged violation of this AGREEMENT, the employee involved (with or without the stewazd) shall attempt to resolve 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. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within fourteen (14) work days of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2- Within seven (7) work days after receiving the written grievance, a designated EMPLOYER supervisor shall meet with the IJNION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unsolved, the EMPLOYER shall reply in writing to the UNION within seven (7) work days following this meeting. -7- q�-� ARTICLE 6 - GRIEVANCE PROCEDURES (Continued) The UIVION may refer the grievance in writing to Step 3 within seven (7) work days following receipt of the EMPLOYER'S written answer. Any grievance not refened in writing by the iJNION within seven (7) work days following receipt of the EMPLOYER'S answer shall be considered waived. Step 3- Within seven (7) work days following receipt of a grievance referred from Step 2, a designated EMPLOYER supervisor shall meet with the iJNION Business Manager or his/her designated representative, the employee and the stewazd and attempt to resolve the grievance. Within seven (7) work days following this meeting the EMPLOYER shall reply in writing to the LJ1vION stating the EMF'LOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unsolved, the ITNION may refer the grievance to Step 4. Any grievance not refened in writing by the UNION to Step 4 within seven (7) work days following receipt of the EMPLOYER'S answer shall be considered waived. Step 4- If the grievance remains unresolved, the LJNION may within seven (7) work days after the response of the EMPLOYER in Step 3 by written notice to the EMPLOYER, request azbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected from a permanent panel of 5ve (5) arbitrators. Arbitraiors shall be selected by lot within twenty (20) work days after notice has been given. In the event the EMPLOYER and the IJNION cannot mutually agree to five (5) arbitrators for the permanent panel, the parties wiil petition the Director of the Bureau of Mediation Services for a list of ten (10) arbitrators for each panel member for which the parties did not mutually agree. The parties shall alternately strike names from such list(s), the EMPIAYER suiking first, until one (1) name remains. Vacancies occurring on the permanent panel during the life of tlus AGREEMENT shall be filled by mutual agreement of the parties. If the parties cannot mutually agree, the vacancy shall be filled by the process noted in the preceding paragraph. This arbitrator selection process shall be effective only for the duration of this AGREEMENT unless both parties mutually agree to extend such provisions. At any time prior to the opening of an arbitration hearing, the parties may mutually agree to utilize the assistance of the Bureau of Mediation Services to attempt to mediate a resolution of the dispute. � q5-(� ARTICLE 6 - GRIEVANCE PROCEDURES (Continued) 6.5 T'he arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issues submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The azbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing of the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the azbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION, and the employees. 6.b The fees and e�cpenses for the arbitrator's services and proceedings shali be borne equally by the EMPLOYER and the UNION, provided that each party shali be responsible for compensating its own representatives and wituesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 6.7 The time lunits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. 6.8 It is understood by the UNION and the EMPIAYER that a grievance, other than a grievance arising from a disciplinary action, 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. 6.9 The provisions of this ARTTCLE 6 shall not apply to ARTTCLE 3.9 of this AGREEMENT. 6.10 The EMPLOYER agrees to provide courtesy copies of all conespondence to the Union Business Manager or Assistant D'uector to the President of Local 1842. This section shall not be grievable. � � .� ART`ICLE 7 - CITY MILEAGE '7.1 Automobile Reimbursement Authorized - Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, prrtaining to reimbursement of City o£ficers and employees for the use of their own automobiles in the performance of their duties, the fo2lowing provisions aze adopted. 7.2 Method of Computation - To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. Type 1- If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addition, the employee shall be reimbursed $0.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee sha11 be reimbursed at the rate of $0.20 per mile driven and shall not be eligible for any per diem. Type 2- If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $0.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department bead or designated representative determines tt�at an empIoyer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $0.20 per mile driven and shall not be eligible for any per diem. This ARTTCLE 7.2 shall become effective February 1, 1994. 7.3 The City will provide parldng at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their personal car available for City business. Such paridng will be provided only for the days the employee is reqtured to have his or her own personal car available. -10- �5 -�Q ARTICLE 7 - CTTY MILEAGE {Continued) 'I.4 Rules and Regulations - The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rales shall contain the requirement that recipients shall file daily reports indicating miles driven and shaIl file monthly af6davits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than $100,Q00/$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the C�ty of Saint Paut named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the City Cferk. -11- ��J" � ARTICLE S - RESIDENCE 8.1 The resolution pertaining to residence approved July 26, 1979, uader Council File No. 273378 shall apply to all employees covered by this AGREEMENT. -12- q5 -�0 ARTICLE 9 - VACATION 9.1 Vacation credits shall accumulate at the rates shown below for each full hour on the pa}�roll, excluding overtime. Years of Service lst year thru 4th year Sth year thru 9tfi yeaz lOth year thru 15th year 16th year thru 23rd yeaz 24th year and thereafter Hours of Vacation .0385 (10 days) .0616 (I6 days) .0731 (19 days) .0885 (23 days) .1000 (26 days) 9.2 The Head of a Department may permit an employee to carry over up to one hundred and twenty (120) hours of vacation into the following '�acation year." For the purpose of this ARTICL.E the 'bacation year" shall be the fiscal year (IRS payroll reporting year). 9.3 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Sub. H. 9.4 The City agrees that there shall be no penalty for any excess vacation carried over into 1995 as a result of the changes to Article 9.1. -13- �5��0 ARTICLE 10 - INSURANCE 101 The EMPLOYER will continue for the period of this AGREEMENT to provide for employees such health and life insurance benefits as are provided by the EMPL.OYER at the time of execution of this AGREEMENT. 10.2 The EMPLOYER will for the period of this AGREEMENT' provide for full-tiine empioyees who were regularly appointed prior to January 1, 1990 and who retire after the time of execution of this AGREEMEN'I' and until such employees reach sixty-five (65) years of age, such health insurance benefiu and ]ife insurance benefits as are provided by the EMPLOYER for active employees under this AGREEMENT. 10.3 The EMPL.OYER will for the period of this AGREEMENT provide for half-time employees who were regularIy appointed prior to January 1, 1990 and who retire after January 31, 1990 and until such employees reach sixty-five (65) years of age, fifty percent (50%) of such health insurance contributions and life insurance contributions as are provided by the EMPLOYER for full-time empioyees who retire under this AGREEMENT. 10.4 Employees who retire after January 31, 1990 must meet the following conditions at the time of retirement to be eligible for the Ciry contributions to health insurance set forth in ARTICLES 10.2, 10.3, and 10.7. 10.4.1 Be receiving benefits from a public employee retiree act at the time of retirement. AND 10.4.2 Have severed his/her relationship with the City of Saint Paul under one of the early retiree plans. 10.5 In addition to meeting the eligibility requirements stated in 10.4.1 and 10.4.2 above, retiring employees must also meet the following condition in order to be eligible for the eazly retiree insurance benefits set forth in ARTTCLES 10.2, 10.3, and 10.7. 10.5.1 Must be at least 58 years of age and have completed 25 years of employment with the City of Saint Paul OR The combination of their age and their years of service must equal eighty-five (85) or more. OR Must have completed at least thirty (30) years of service. -14- q�-�o ARTICLE 10 - INSURANCE (Continued) 10.6 Fu11-time employees who were regularly appointed prior to January 1, 1990 and who retire and who meet the conditions set forth in 10.4,1 and 10.4.2 but who meet none of the conditions set forth in 10.5.1, shall be eligible for the following percentages of the amount contributed by the EMPIAYER towazd health insurance for active employees in the same health plan. Such retirees shall be eligible for such contribution until they reach sixty-five (65) years of age. Combination of Age and Years of Service 84 83 82 81 80 Contribution for Single Coverage 90% 80% 70% 60% 50% Contribution for Family Coverage 90% 80% 70% 60% 50% 10.7 The EMPLOYER will for the period of this AGREEMENT contribute for full-time employees who were regularly appointed on or after January 1, 1990 and who retire and who select the single health insurance coverage provided by the EMPLOYER and until such retirees reach sixty-five (65) years of age, the cost of such retiree coverage or $85.00 per month, whichever is less. For such retirees selecting family health insurance coverage the EMPLOYER will contribute the cost of such family coverage or $185.00 per month, whichever is less. 10.8 For employees who retire at the age of 65 or older or for eazly retirees upon reaching age 65, and who have completed at least twenty (20) years of service with the City at the time of their retirement, the EMPLOYER agrees to contribute, for the life of the retiree, the full cost of the single premium for any hospital-medical insurance offered by the EMPLOYER. For such employees or retirees who have not completed at least twenty (20) years of service with the City at the time of their retirement, the EMPLOYER will discontinue providing any health insurance contributions upon their retirement or in the case of early retirees, upon their reaching age sixty-five (65). However, if such retiree has completed at least ten (10) yeazs of service with the Ciry, he/she may purchase single or family health insurance coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by the retiree. T'his ARTICLE 10.8 shall not apply to employees who were regularly appointed to C�ty empioyment prior to February 29, 1988. Employees who were regularly appointed to City employment prior to February 29, 1988 and subsequently terminated shall be covered by this ART'ICLE 10.8 in the event that they are regularly appointed at a later date. -15- � �` ARTICLE 10 - INSURANCE (Continued) 10.9 A retiree may not carry his/her spouse as a dependent if such spouse is also a C�ty retiree or City employee and eligible for and is enrolled in tfie City health insurance program. ' 10.10 For each eligible employee covered by this AGREEMENT who is employed full-time and who selects employee health insurance coverage provided by the EMPLOYER, the EMPL,OYER agrees to contribute $172.96 or the actual cost, whichever is less, per month toward the cost of such premiums. For each eligible full-time employee who selects family health insurance coverage, the EMPI.OYER will contribute the cost of such family coverage or $315.86 per month, whichever is less. These contribution levels shall be effective for the January, 1994 premiums. 10.11 For the purpose of this ARTTCLE, full-time employment is defined as appearing on the payroll an average o£ at least 32 hours per week for the twelve (12) month period preceding the annuai open enrollment or special enrollments or the six (6) month period preceding initial enrollment. Three-quarter time employment is de6ned as appearing on the payroll an average of at least 26 hours per week but less than 32 hours per week for the twelve (12) month period preceding the annual open enroliment or speciai enrollments or the six (6) month period preceding initial enrollment. Half-time employment is defined as appearing on the payroll an average of at least 20 hours per week but less than 26 hours per week for the twelve (12) month period preceding the annuai open enrollment or special enrollments or the six (6) month period preceding initial enrollment. 10.12 For each eligible employee covered by this AGREEMENT who is employed half-time and who selects employee health insurance coverage, the EMPLOYER agrees to contribute fifty percent (50%) of the amount contributed for full-time employees selecting employee coverage in the same insurance plan. For each half-time employee who selects family health insurance coverage, the EMPLOYER will contribute fifty percent (50%) of the amount contributed for full-time employees selecting family health insurance coverage in the same insurance plan. -16- q5-�o ARTICLE 10 - INSURANCE (Continued) For each efigible employee covered by this AGREEMENT who is employed three-quarter time and who selects employee health insurance coverage, the EMPI,OYER agrees to contribute sevenry-five percent (75%) of the amount contributed for full-time employees selecting employee coverage. For each three-quarter time employee who selects family health insurance coverage, the EMPL.OYER will contribute seventy-five percent (75%) of the amount contributed for fuli-time employees selecting family health insurance coverage. 10.13 Notwithstanding ARTTCLE 10.12, employees covered by this AGREEMEN'I' and employed half-time prior to January i, 1986, shall receive the same health insurance contributions as full-time employees. This ART'ICLE 10.13 applies only to employees who were employed half-time during the month of December, 1985 and shall continue to apply only as long as such employee remains continuously employed half-time. 10.24 For each eligibie employee, the EMPIAYER agrees to contribute the cost of $15,000 oflife insurance coverage. 10.15 The contributions indicated in this ARTTCI.E 10 shall be paid to the EMPLOYER's Group Health and Welfare Plan. 10.16 Any cost of any premium for any City-offered employee or family insurance coverage in excess of the dollar amounts stated in this ARTICI.E 10 shall be paid by the employee. 10.17 The EMPL,OYER will provide a system whereby the employee's contribution toward the premiums for the employee selected health insurance coverages can be paid on a pre-tax basis. Employees covered by this AGREEMEN'I' will be eligible to participate in the Fleacible Spending Account as offered by the EMPIAYER. The service fee charged to participating empioyees shall be paid by the e�nployee. 10.18 Employees covered by this AGREEMENT sball be eligible to participate in the Dependent Care Reimbursement Account offered by the EMPLOYER. The service fee charged to participating employees shall be paid by the EMPLOYER. -17- ► �� ART'ICLE 11 - WORKING OUT OF CLASSIFICATION 11.1 EMPLOYER shall avoid, whenever possible, working an employee on an out-of-ciass assignment for a prolonged period of time. Any empioyee working an out-of-class assignment for a period in excess of fifteen (15) consecuuve working days during a year sha11 receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16) day of such assignment. For purposes of this ARTICI.E, an out-of-cIass assignment is defined as an assignment of an empioyee to perform, on a fiill-time basis, all of the significant duties and responsibilities of a position different from the employee's regulaz position, and which is in a classification higher than the classification held by such employee. Ttie rate of pay for an approved out-of-class assignment shall be the same rate the employee would receive if such employee received a regular appointment to the higher classification. � Q5-(�0 ART'ICLE 12 - SE1vIORITY 12.1 Seniority, for the purpose of this AGREEMENT, shali be defined as follows: The length of continuous, regular and probationary service with the EMPL.OYER from the date an employee was fust certified and appointed to a class tiile covered by this AGREEMENT, it being further understood that seniority is confined to the current class assignment held by an employee. In cases where two or more employees aze appointed to the same class tide on the same date, the seniority shall be determined by employee's rank on the eligible list from which certification was made. 12.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 12.3 In the event it is determined by the EMPI,OYER that it is necessary to reduce the work force, employees will be laid off by class title within each department based on inverse length of seniority as defined above. However, when layoff occurs in any of the titles listed below under Column A, layoff shall be based on inverse length of total seniority in aIl titles Hsted on the corresponding Iine under Column B. T'he Human Resources Department wiil identify such least senior employee in the department reducing positions, and shall notify said employee of his/her reduction from the department. If there are any vacancies in any of the titles under Column B on which seniority was based, in any other City department, the Human Resources Department shall place the affected employee in such vacancy. If two or more vacant positions are available, the Human Resources Department shall decide which vacant positions tbe affected employee shall fill. If no vacancy exists in such titles, then the least senior City employee in such titles shall be identified, and if the employee affected by the original departmental reduction is more senior, he/she shall have the right to claim that position and the least senior City employee in such titles shali be the employee laid off. For the purposes of this ART'ICLE, the Board of Education is not included as a City department nor is a Board of Education employee included as a CiTy employee. Column A Deputy License Inspector I Deputy License Inspector II Engineering Aide I Engineering Aide II Column B Deputy License Inspector I, Deputy License Inspector II Deputy License Inspector I, Deputy License Inspector II Engineering Aide I, Engineering Aide II, Traffic Eng. Aide II, Engr. Draftsman Eng. Aide I, Eng. Aide II, Tra�c Engr. Aide II, Engr. Draftsman -19- ��'� ARTICLE 12 - SEIVIORITY (Continued) Column A Fire Aide I Fire Aide II Housing Aide Housing Aide II Housing Rehab. Advisor I Housing Rehab. Trainee Library Assistant I Library Assistant II Operations Asst-Town Sq.Park Planning Aide I Planning Aide II Planning Assistant I Planning Assistant II Recreation Center Director Recreation Leader II Recreation Leader III Sanitarian Aide I Sanitarian Aide II Traffic Engr. Aide II Val. & Assess. Aide I Val. & Assess. Aide II .• u�� Fire Aide I, Fire Aide II Fire Aide I, Fire Aide II Housing Aide I, Housing Aide R, Sanitarian Aide I, Sanitarian Aide II Housing Aide I, Housing Aide II, Sanitarian Aide I, Sanitarian Aide II Housing Rehabilitation Trainee, Housing Rehabilitation Advisor I Housing Rehabilitation Trainee, Housing Rehabilitation Advisor I Library Assistant I, Library Assistant II Library Assistant I, Library Assistant II Recreation Leader II, Rec. Leader I, Rec. Director I, Rec. Center Director Planning Aide I, Planning Aide II, Planning Asst. I, Planning Asst. II Planning Aide I, Pianning Aide II, Planning Asst. I, Planning Asst. II Planning Aide I, Planning Aide II, Pianning Asst. I, Planning Asst. II Planning Aide I, Planning Aide II, Planning Asst. I, Planning Asst. II Recreation Leader II, Rec. Leader III, Recreation Director I, Operations Asst: Town Square Park Rec. Leader R, Rec. Leader III, Recreation Director I, Operations Asst: Town Squaze Pazk Rec. Leader II, Rec. Leader III, Recreation Director I, Operations Asst: Town Square Park Housing Aide I, Housing Aide II, Sanitarian Aide I, Sanitarian Aide II Housing Aide I, Housing Aide II, Sanitarian Aide I, Sanitarian Aide II Engineering Aide I, Engineering Aide II, Traffic Engineering Aide II Val/Assess Aide I, Val/Assess Aide II Val/Assess Aide I, Val/Assess Aide II -20- q5-�o ARTICLE 12 - SEIVIORITY (Continued) 12.4 In cases where there aze promotional series, such as Technician I, II, III, etc., when the number of empIoyees in these higher titIes is to be reduced, employees who have held lower ritles which are in this bargaining unit will be offered reductions to the Irighest of these tittes to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. 12.5 It is understood tfiat such employees will pick up their former seniority date in any class of positions that they previously held. 12.6 Recall from layoff shall be in inverse order of layoff, except that recali rights shall expire after two years of layoff, -21- ` •� ARTICLE 13 - EMPLOYEE RECORDS 13.1 Any written reprimand made concerning any member of this Bargaining Unit which is 51ed with the Office of H�man itesources or within any City department shall be shown to the member before it is placed on file. Before the reprimand is placed on file, the City shall request from the employee an acknowledgment, in writing, that the reprimand has been read by said employee. 13.2 Any member of the bargaining unit may, during usual worldng hours and with the approval of the supervisor, review any material placed in the employee's personnel file, after first giving proper nouce to the supervisor in custody of such file. 13.3 Any member of the bargaining unit may �le a grievance or a discrimination complaint and there shall be no retaliation by the City of Saint Paul for such action. _22_ q�-�o ARTICLE 14 - BULLETIN BOARDS 14.1 The EMPLOYER sball provide reasonable bulletin space for use by the UNION in posting notices of ITNION business and activities. Said bulletin board space shall not be used by the iJNION for political purposes other than iJNION elections. Use of this bulletin board is subject to approval of the Department Head. -23- q�-�o ARTICLE 15 - WAGES 15.1 The wage schedule, for purposes of this contract, shall be Appendix A, attached hereto. Both parties agree that the inclusion of the classifications and salary ranges in Appendix A does not preciude the EMPL.OYER from the following: 15.1.1 Reorganizing 15.1.2 Abolishing classifications 15.1.3 Establishing new classifications 15.1.4 Regrading classifications 15.1.5 Reclassifying positions Both parties also agree that titles and grades in Appendix A refer to employees in t�e positions at the date of signing of the AGREEMENT. No employee in this bargaining unit shall suffer any reduction in salary because of a regrading or reclassification during the contract period in whicb such regrading or reclassification takes place. -24- Q5-(�0 ARTICLE 16 - MAINTENANCE OF STANDARDS 16.1 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 *n;n;*num standard set forth in the Civil Service Rules of the City of Saint Paul and the Saint Paul Salary Pian and Rates of Compensation at the time of the signing of this AGREEMENT, and the conditions of employment shall be improved wherever speci5c provisions for improvement are made elsewhere in this AGREEMENT. -25- r� • ARTICLE 17 - LEAVES OF ABSENCE 171 Leave of Absence - A€ter three months of employment, an employee may make application for a leave of absence not to exceed one year. A leave of absence shall be granted on the basis estabiished in the Civii Service Rules (Resolution No. 3250). 17.2 Sick Leave - Sick Leave shall accumulate at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumulation is unlimited. To be eligible for sick leave, employees must report to their supervisor no later than one-half hour past their regulaz scheduled starting time. The granting of sick leave shall be subject to the terms and provisions of Resolution No. 3250 of the City of Saint Paul. For absences due to sickness of seven (7) or fewer calendar days, the EMPLOYER shall require a physician's certificate or additional certificates only when there is reason to suspect abuse of sick leave or to verify that an employee is 5t to return to his or her position. The EMPLOYER'S requirement of a certi£cate under ttsis section shall not be arbitrable. 17.3 Any employee who has accumulated sick leave credits as provided above shall be granted leave with pay for such period of time as the Head of the Department deems necessary, on account of sickness or injury of the employee, quarantine established by a public health enforcement agency, death of the employee's mother, father, spouse, child, brother, sister, mother-in-law, father-in-law, or other person who is a member of the household; and may be granted leave with pay for such time as is actually necessary for office visits to a doctor, dentist, optometrist, etc. 17.4 Leave Without Pay - Any employee who engages in active service in time of war or other emergency declared by proper authority of any of the military or naval forces of the State or of the United States for which leave is not otherwise allowed by law shall be entitled to leave of absence from employment without pay during such service with right of reinstatement and subject to such conditions as aze imposed by law. Such leaves of absence as are granted under ARTICI.E 18 shall conform to Minnesota Statutes Section 192, as amended from time to time and shall confer no additional benefits other than those granted by said statute. -26- g�-tno ARTICLE 17 - LEAVES OF ABSENCE (Continued) 17.5 Jury Duty - Employees required during their regular working hours to appear in court as jurors or witnesses, except in their own behalf against the City, shall be paid the'u regular pay while so engaged, provided that any fees that the employee may receive from the court for such service shall be paid to the City and be deposited with the CSty Finance D'uector. Any employee scheduled to work a shift other than the normal daytime shift shall be rescheduled to work the normal daytime shift during such time as he/she is required to appear in court as a juror or witness. 17.6 Education Leave - I.eave with pay may be granted for education purposes at the option of the EMPL.OYER. 17.7 Funeral Leave - Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, shall be granted one day of such leave to attend the funerai of the employee's grandparent or grandchild. 17.8 An employee elected or appointed to a full-time paid position by the exclusive representative may be granted a leave of absence without pay for not more than one year for the purpose of conducting the duties of the exclusive representative. 17.9 Maternity and Parental Leave - Pregnant employees of the City of Saint Paul shall be eligible for the use of paid sick leave and unpaid leave of absence in the same manner as any other disabled or ill City employee. Such paid sick leave eligibility shall begin upon certification by the employee's attending physician that the employee is disabled in terms of her ability to perform the duties of her position. A twelve (12) month Parental leave of absence without pay shall be granted to a natural parent or an adoptive parent, who requests such leave in conjunction with the birth or adoption of a child. Such leave may be extended an additional twelve (12) months by mutual agreement between the employee and the EMPLOYER. Refusal on the part of the EMPLOYER to grant an extension of such leave shall not be subject to the provisions of ART'ICLE 6 of this AGREEMENT. Employees who retum following such leaves of absence shall be placed in a position of equivalent salary and tenure as the one held just prior to the beginning of their leave. -27- q5-�o ARTICLE 17 - LEAVES OF ABSENCE (Continued) 1710 An employee shall be granted up io a total of sixteen (16) hours during a school year to attend school conferences or classroom activities related to the employee's child, provided the conference or classroom activiues cannot be scheduled during non-work hours. When the leave cannot be scheduled during non-work hours and the need for the leave is foreseeable, the employee must provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the EMPLAYER. An employee shall be allowed to use vacation or compensatory time for this leave; otherwise, this leave shall be without pay. 17.11 Voluntary Unpaid Leave of Absence - A full-time employee may be granted up to 480 hours of voluntary leave of absence without pay during the fiscal year. During such leave of absence, the employee shall continue to earn and accrue vacation and sick leave, seniority credits and maintain insurance eligibility as though he or she were on the payroll. Any leave of absence granted under this provision is subject to approval of the Department Head. �� '.� � i� ARTICLE 18 - MILITARY LEAVE OF ABSENCE 18,1 Pay Allowance - Any employee who shall be a member of the National Guard, the Naval Militia or any other component of the militia of the state, now or hereafter organized or constituted under state or federal law, or who shall be a member of the Officer's Reseroe Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the United States, now or hereafter organized or constituted under Federal law, shall be entitled to leave of absence from employment without loss of pay, seniority status, efficiency rating, vacation, sick leave or other benefits for all the time when such employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, provided that such leave shall not exceed a total of fifteen (15).days in any calendar year and further provided that such leave shall be allowed only in case the required military or naval service is satisfactorily performed, which shall be presumed unless the contrary is established. Such leave shall not be allowed unless the employee (i) returns to his/her position immediately upon being relieved from such military or naval service and not later than the eacpiration of time herein limited for such leave, or (2) is prevented from so returning by physical or mental disability or other cause not due to such employee's own fault, or (3) is required by proper authority to continue in such military or naval service beyond the time herein limited for such leave. -29- ��-�o ARTICLE 19 - MANAGEMENT RIGHTS 19.1 The IINION recognizes the right of the CTTY to operate and manage its affairs in al] respects in accordance with applicable laws and regulations of appropriate authorities. All rights and authority which the CITY has not off'icially abridged, delegated or modified by this AGREEMENT' aze retained by the CTTY. 19.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the EMPiAYER, and organizational structure and selection and direction and number of personnel. -30- � :i ARTICLE 20 - DISCIPLINE 20.1 The EMPL.OYER will discipline empioyees for just cause only. Discipline will be in the form of: 20.1.1 Oral reprimand; 20.1.2 Written reprimand; 2Q.1.3 Suspension; 20.1.4 Reduction; 20.1.5 Discharge. 20.2 Suspensions, reductions and discharges will be in written form. 20.3 Employees and the iJNION will receive copies of written reprimands and notices of suspension and discharge. , 20.4 Employees may examine a11 information in their EMPLOYER personnel files that concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the EMPLOYER. 20.5 Discharges 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 with the EMPLOYER representative who initiated tbe suspension with intent to discharge. During said five (5) working day period, the EMPLOYER may affirm, modify or withdraw the suspension and discharge. 20.6 An employee to be questioned concerning an investigation of disciplinary action shall have the right to request that a UNION representative be present. 20.7 Grievances relating to this ARTTCLE shall be processed in accordance with the grievance procedure under ARTICLE 6. -31- �� ARTICLE 21 - VACANCIES 21.1 The Human Resources Office will inform all departments that the department's timekeeper shall post nouces of all job vacancies in their department at least five days before submitting a requisition to the Iiuman Resources Office. -32- � �• ARTICLE 22 - LEGAL SERVICES 22.1 Except in cases of maifeasance in office or willful or wanton neglect of duty, the EMPLOYER shall defend, save barmless, and indemnify employees against tort claims or demands, whether groundless or otherwise, arising out of alleged acts or omission occurring in the performance or scope of the employee's duties. 22.2 Notwithstanding ARTICLE 22.1, the EMPLOYER shall not be responsible for paying any legal service fee or for providing any legal service arising from any legal action where the employee is the Plaintiff. -33- ! �� ARTICLE 23 - NO STRIKE - NO LOCKOUT 23.1 Neither the UNION, its officers or agents, nor any of the employees covered by this AGREEMENT' will engage in, encourage, sancUOn or support any strike, or the withholding in whole or in part of the full performance of theu duUes during the life of this AGREEMEN'T, except as specifically allowed by the Public Employment Labor Relations Act. In the event of a violation of this ARTICLE, the EMPLOYER will warn employees of the consequences of their action and shall instruct them to immediately return to their normal duties. Any employee who fails to retum to his/her full duties within twenty-four (24) hours of such warning may be subject to the penalties provided in the Public Employment Labor Relations Act. 23.2 No lockout, or refusal to allow employees to perform available work, shall be instituted by the EMPLOYER and/or its appointing authorities during the life of this AGREEMENT. -34- Q5-/D ARTICLE 24 - SEVERANCE PAY 24.1 The EMPLOYER shall provide a severance pay program as set forth in this ARTICLE. 24.2 To be eligible for the severance pay program, an employee must meet the following requiremenu: 24.2.1 The employee must be 58 yeazs of age or older or must be eligible for pension under the "rule of 85" or the "rule of 90" provisions of the Pubiic Employees Retirement Association (PERA). The "rule of 85" or the "rule of 90" criteria shall also apply to employees covered by a public pension plan other than PERA. 242.2 The employee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 24.2.3 The employee must have at least ten (10) years of consecutive service under the classified or unclassi�ed Civil Service at the time of separation. For the purpose of this ARTICLE, employment in either the City or in the Independent School District No. 625 may be used in meeting this ten (10) year service requirement. 24.2.4 The employee must file with the Human Resources D'uector a waiver of reemployment which will clearly indicate that by requesting severance pay, the employee waives ali claims to reinstatement or reemployment (of any type) with the City or with Independent School District No. 625. 24.2.5 The empioyee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his/her separation from service. 24.3 If an empioyee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she wiil be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave, subject to a maximum of 200 accrued sick leave days. 24.4 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. 24.5 For the purpose of this severance program, a death of an employee shail be considered as separation of employment, and if at the time of his/her death, the employee would have met all of the requirements set forth above, payment of the severance pay will be made to the empioyee's estate or spouse. -35- �� ARTICLE 24 - SEVERANCE PAY (Continued) 24.6 For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such uansferee shall not be eligible for the City severance program. 24.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 24.8 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 of this ARTICLE conflict with said ordinance, and in such cases, the provisions of this ARTICLE shall control. 24.9 The provisions of this ARTICLE shall be effective as of December 24, 1983. 24.10 Any employee hired prior to December 31, 1983 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. Any employee hired after December 31, 1983 shall only be entitied to the benefits of this ARTTCLE upon meeting the qualifications herein. 24.11 ARTICLES 24.12 through 24.18 shall apply only to employees appointed on or after January 1, 1990 to a title covered by this AGREEMENT. 24.12 The EMPLOYER shall provide a severance pay program as set forth in ARTTCLES 24.13 through 24.18. 24.13 To be eligible for the severance pay program, an employee must meet the following requirements: 24.13.1 The employee must be voluntarily sepazated from City employment or have been subject to separarion by lay-off or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 24.13.2 The employee must file a waiver of reemployment with tbe Human Resources Director, w2rich will cleazly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. -36- q�-� ARTICLE 24 - SEVERANCE PAY (Continued) 24.13.3 The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of his/her separation from service. 24.14 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 separation for each day of accrued sick leave subject to a maximum as shown below based on the number of years of service in the City. Years of Service with the City At Least 20 21 22 23 24 25 Maximum Severance Pay $ 5,000 6,000 7,000 8,000 9,000 10,000 24.15 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if at the fime of his or her death the employee would have met ali of the requirements set forth above, payment of the severance pay shall be made to the employee's estate or spouse. 24.16 For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent Schooi District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 24.17 T'he manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 24.18 This severance pay program shall be subject to and governed by the provisions of City Ordinance No. 11490, except in those cases where the speci�c provisions of this ARTTCLE conflict with said ordinance. In such cases, the provisions of this ARTICLE shall control. 24.19 Notwithstanding ARTICLE 24.11, any employee hired prior to January 1, 1990 may, upon meeting the qualification of ARTICLE 24.13, draw severance pay in accordance with ART'ICLE 24.14. However, an election by the employee to draw such severance pay shall constitute a baz to receiving severance pay from any other. Any empioyee hired on or after January 1, 1990 shall only be entitled to the benefits of ARTICLES 24.12 thru 24.18. -37- �5-�0 ARTICLE 25 - TEMPORARY EMPLOYEES 25.1 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 or acquire any rights or benefits other than specifically provided by the provisions of the Civil Service Rules and/or the Saint Paul Salary Plan and Rates of Compensation. �c '.� y s� ARTICLE 26 - NONDISCRIMINAT'ION 26.1 The terms and conditions of this AGREEMENT will be applied equally to employees without regard to, or discrimination for or against any individual because of race, color, creed, se� age, disability, or because of inembership or nonmembership in the IJNION. 26.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other empioyees and tt�e general public. -39- ��-�o ARTICLE 27 - SICK LEAVE USAGE FOR DEPENDENT CARE 27.1 In the case of a serious illness or disability of a parent or household member, the Head of the Department shall grant leave with pay in order for the employee to care for or make arrangements for the caze 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 40 hours per incident. An employee may use sick leave for absences due to an iliness of the employee's child for such reasonable periods as the employee's attendance with the child may be necessary, on the same terms the employee is able to use sick leave for his or her own iliness. An employee may also use up to forty (40) hours per incident to anange for the care of a seriously ill or disabled child. 27.2 The Head of the Department or the Director of Human Resources 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 27.1 above. All such certificates shall be forwarded by the appointing officer to the Office of Human Resources. If an empioyee is absent because of the provisions of ARTICLE 27.1 for three ot fewer calendar days he/she shall submit to the Head of the Department a certificate signed by the employee stating the nature of the child, parent, or household member's sickness. If the sickness continues for more than three calendar days, no further sick leave shall be granted unless or unul a physician is consulted. 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 of the person's sickness is submitted to and approved by the Head of the Department and fonvarded to the O�ce of Human Resources. 27.3 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 after his/her regularly scheduled time to report for work, unless he/she can show to the satisfaction of the Department Head that the failure to report was excusable. 27.4 An employee shall be paid under the provisions of this 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. � �5-60 ARTICLE 28 SAFETY The EMPL.OYER and Employee shall cooperate in the enforcement of ali applicable regulations for the enforcement of job safety. If an employee feels that his/ber work duties or responsibilities require such empioyee to be in a situation that violates state safety laws or legally promulgated standards, the matter shall be immediately considered by the EMPLOYER. For those employees required by the EMPL.OYER to wear safety sboes or boots, the EMPIAYER agrees to contribute $40.00 per calendar year toward the purchase of such shoes or boots. -41- � �� ARTICLE 29 - SPECIAL EMPLOYMENT TTTLES Upon completion of 1040 working hours, excluding overtime hours, employees working in "Special Employment" titles recognized by the Bureau of Mediauon Services as being appropriately included in this bargaining unit shall be eligible for benefits under this AGREEMENT on the same basis as all otber employees covered by this AGREEMENT. -42- � s� ARTICLE 30 - TERMS OF AGREEMENT 30.1 Compiete AGREEMENT and Waiver of Bargaining - Ttris AGREEMENT shall represent the complete AGREEMENT between the UNION and the EMPLOYER. The parties acl�owledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make requesu and proposals with respect to any subject or matter not removed by law from the area of collective bazgaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set fonh in this AGREEMENT. Therefore, the EMPLOYER and the UIVION, for the life of this AGREEMENT, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this AGREEMENT. 30.2 Savings Clause - This AGREEMEN'T is subject to the laws of the United States, the State of Minnesota, and the City of Saint Paul. In the event any provision of this AGREEMENT shall hoid to be contrary to law by a court of competent jurisdiction from whose final judgment or decrees no appeal has been taken within the time provided, such piovision shall be voided. All other provisions shall continue in full force and effect. 30.3 Terms of AGREEMENT - This AGREEMEN'T shall be in full force and effect from January 1, 1994 thru December 31, 1994, and shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing that it desires to modify or terminate this AGREEMENT. In witness thereof, the parties have caused this AGREEMENT to be executed this lith day of January, 1995. -43- q�-�o ARTICLE 30 - TERMS OF AGREEMENT (Continued) 30.4 This constitutes 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 and the City Council and is also subject to ratification by the iJNION. WITl`�ESSES: FOR 1`HE CITY LOCAL iTNION NO. 1842, DISTRICT COUNCIL NO. 14 OF THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES AFIrCIO Mary . Kearney Director of Iabor Relations � , ��jlu .�•.��_ �`� � •� ' Q o'6� Q `�� Robin Madsen President � Q5-� APPENDIX A A (1) 12-25-93 588.23 (548) RECREATION LEADER 3 mo. 6 mo. 1-yr. 2-yr. 3-yr. 4-yr. 10-yr. � � � � � ��) �g) 632.16 676.07 719.99 746.64 774.67 804.43 824.57 is-y�. Zo-yt. zs- (9) (10) (il) 842.78 856.43 870.�9 (340A} VIDEO PRODUCI'ION ASSISTANT A B C D E F 10-yr. 15-yr. 20-yr. 25-yr. (i) (2) (3) (4) (5) (6) (7) (8) (9) (10) 12-25-93 747.84 774.67 804.43 835.13 867.73 905.15 924.34 94639 960.05 973.71 (039A) SERVICE WORKER III 12-25-93 766.94 794.80 825.55 857.18 889.79 924.34 946.39 969.45 983.10 996.76 (121A) ADAPTIVE RECREATION ASSISTANT (284A) CITY PLANNING AIDE (618) DENTAL ASSISTANT (167) ENGINEERING AIDE I (313A) HEALTH & ED ASST-CAMBODIAN/ENG (312A) HEALTH & ED ASST-HMONG/ENG (313A) HEALTH & ED ASST-SPANISA/ENG (064A) HEALTH & EDUCATION ASSISTANT (410A) LICENSE AND PERMIT AIDE (146A) LOAN & GRANT ASSISTANT I (066A) NUTRITION ASSISTANT I (606) WATER LABORATORY AIDE 12-25-93 875.43 909.93 947.39 988.61 1027.93 1071.12 1098.96 1124.85 1138.51 1152.18 (252A) ENVIRONMEN'I'AL HEALTH AIDE A B C D E F 5-yr. 6-yr. 10-yr. 15-yr. 20-yr. 25-yr. (1) (2) (3) (a> (s) (6) (�> (s) (9) (lo) (11) (lz) 12-25-93 875.43 909.93 947.39 988.611045.23 1087.43 1133.46 1176.64 1207.371239.02 1252.68 1266.33 (373A) COMMUNITY LIAISON OFFICER A (1) 1245-93 897.33 B C D E F 10-yr. 15-yr. 20-yr. 25-yr. (2) (3) (4) (5) (6) (7) (8) (9) (10) 932.97 970391007.11 1049.99 1094.15 1121.011145.021158.68 117234 �� f54� APPENDIX A (Continued) (312) VALUATION & ASSESS AIDE I A B C D E F 10-yr. 15-yr. 20-yr. 25-yr. Effec[ive (1) (2) (3) (4) (5) (d) (7) (8) (9) (10) 12-25-93 920.54 956.00 994.35 1036.59 1079.75 1123.89 1151.70 1181.43 1195.09 1208.75 (006A) sLIBRARY ASSISTANT II (318A) F'IRE AIDE (277A) LIBRARY ASSISTANT (893) MEDICAL ASSISTAIVI' (025A) PLAN EXAMINER I 12-25-93 940.66 976.14 1018351056.741100.851144.031174.731202.561216.211229.87 (O15) ARCHITECTURAL DRAFI'ER TRAINEE (168) ENGINEERING AIDE II (147A) LOAN & GRANT ASSISTANT II (324) VALUATION & ASSESS AIDE II 12-25-93 962.691005.891045.231087.431133.461176.641207371239.021252.68126633 (468A) VIDEO PRODUCTION TECHNICIAN 12-25-93 988.611026.971071.121115.251147.651215.021246.681279.311292.971306.63 (393A) CITIZEN SERVICE ANALYST (279A) CIT'Y PLANNING TECHNICIAN (369A) DUPL EQUIP OPR (TWO-COLOR) (112A) HEALTH LABORATORY TECH I 12-25-93 1011.64 1055.78 1100.85 1145.02 1196.80 1248.61 1282.15 1314.81 1328.46 1342.12 (685) ACCOUNTING TECHNICIAN I (016) ARCHTTECTURAL DRAFTER (201A) EDP PROGRAMNiER TRAINEE (615) GRAPHIC ARTS TECH-CITY PLNG (197A) HUMAN RIGHTS TECHNICIAN (115A) MEDICAL RECORDS PRACTITIONER (067A) NUTRITION ASSISTANT II (078A) PROJECT MANAGEMENT TECHNICIAN (373) PUBLIC WORKS TECHNICIAN I (357) VALUATION & ASSESS TECH I (523) WATER UTILITY TECI-INICIAN I (343A) ZONING AIDE 12-25-93 1037.53 1081.66 1125.79 1175.70 1226.52 1280.24 1312.88 1348.35 1362.01 1375.67 � q5 -�o APPENDIX A (Continued) (363A) TREASURY TECHNICIAN A B C D E F 10-yr. 15-yr. 20-yr. 25-yr. Effective (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) 12-25-93 1062.47 1108.53 1154.59 1202.56 1256.29 1311.92 1347.42 1374.10 1392.?6 1406.41 (]25A) HOUSING REHAB ADVISOR I (200A) LICENSE ENFORCEMENT AUDPI'OR (863) LOAN SPECIALIST I (178) PRACTTCAL NURSE 12-25-93 108934 1138.26 1187.22 1234.20 1289.84 1348.35 1380.02 1420.31 1433.97 1447.63 (441) CLIIVIC NURSE (138) DENTAL HYGIENIST (461A) EDP NETWORK SPECIALIST I 12-25-93 1116.21 1166.09 1216.96 1270.65 1323.45 1380.02 142031 1458.71 147236 1486.02 (686) ACCOUNTING TECHNICIAN II (OSOA) FIRE COMMUNICATIONS OPR I (156A) LICENSE AND PERMIT INSPECTOR (374) PUBLIC WORKS TECHNICIAN II (524) WATER UTILITY TECHNICIAN II 12-25-93 1145.02 1196.80 1248.61 1303.29 1360.85 142031 1458.71 1496.11 1509.76 1523.42 (253A) ENVIRONMENTAL I-IEALTH INSPECTOR (319A) FIRE PREVENT'ION INSPECTOR I (113A) HEALTH LABORATORY TECH II (049A) HOUSING COUNSELOR (026A) PLAN EXAMINER II {289A) REGISTERED RADIOLOGICAL TECHLG (371) VALUATION & ASSESS TECH II (349A) ZONING TECHIVICIAN 12-25-93 1175.70 1226.52 1280.24 1335.90 139539 1458.71 1496.11 1536.40 1550.06 1563.'72 � q5-� APPENDIX A (Continued) (122A) ADAPTIVE RECREATION DIRECTOR (462A) EDP NETWORK SPECIALIST II (567) EDP PROGRAMMER (OS1A) FIRE COMMUNICATIONS OPR II (126A) HOUSING REHAB ADVISOR II (869) REAL ESTATE SPECIALIST (055A) RECREATION CENTER DIRECTOR (474) SURVEYOR A B C D E F 10-yr. 15-yr. 20-yr. 25-yr. Effective (1) (2) (3) {4) (5) (6) (7) (8) (9) (10) 12-25-93 1207.37 1260.09 1314.81 137233 1433.74 1498.98 1539.29 1580.52 1594.18 1607.85 (027A) (049A) (375) (870) (246A) (390) (525) sPLAN EXAMINER III COMMUIVITY EDUCAITON/REC COORD PUBLIC WORKS TECHNICIAN III REHABILTTATION SiIPERVISOR TELECOMMUI�ICATIONS TECHNICIAN VALUATION &.ASSESS TECH III WATER UTILTI'Y TECHIVICIAN III 12-25-93 1272.59 1325.35 1385.'79 1445.28 1511.49 1575.77 1621.79 1664.02 1677.67 1691.33 (093A) AQUATICS MANAGER (432A} PAYROLL SYSTEM TECHNICIAN 12-25-93 1304.25 1361.78 1422.23 1481.92 1549.85 1636.19 1664.02 1724.43 1738.08 1751.74 (353) ACCOUNTING TECHIVICIAN III (871) BUSINESS RELOCATION SPECIALIST (077A) DUPL SHOP MANAGER (190A) EDP PROGRAMMER ANALYST (254A) ENVIRONMENTAL HEALTH INSP SUPV (169A) LOAN SPECIALIST II 12-25-93 1338.79 1398.26 1461.59 1523.00 1592.05 1664.95 1709.09 1757.05 1770.70 1784.36 �� g5-60 APPENDIX A (Continued) (873) ENGINEERING ASSISTANT (320A) FIRE PREVENTION INSPECTOR II (243A) SENIOR PLAN EXAMINER Effective 12-25-93 I37427 1434.71 1499.97 1566.15 I 637.14 1710.04 1757.05 1805.97 1819.63 1833.29 (890) ACCOUNTING TECHNIICIAN IV (191A} EDP LEAD PROGRAMMER Effective 12-25-93 1486.49 1554.61 1624,67 2699.50 177430 1853.94 1905.75 1959.49 1973.15 1986.81 The above December 25, 1993 rates for Steps A Yhrough 25-yr. reIIect an increase of zero petcent (0%) over the June 26, 2993 rates. �