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95-742Council File # �S" t T � n��r!t�.�l11 RESOLUTION CITY O� SAINT PAUL, MINN Green sheet # a� 86 � Presented Referred /3 Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the 2 attached 3uly 1, 1994 - 7une 30, 1996 Collective Bargaining Agreement between the City of Saint Paul and Machinist District Lodge No. 77. Requested by Department of: Off'ice of Labor Relations By: �"�'!7Q a—'i-�—y--t Fo Approv by City Attomey By: .� Adopted hy Council: Date S \ Adoption Certified by Council Secretaz s � �- . �,.,��.�-��—�- Approved by M o: Date � �/� By: V �-j....�,. By pro� �or for S mi i n to Council �� qS �� DEPAHTMENT/OFflCE/COUNCIL DATE INITIATED IV � L� �S b� an Resources-Labor Relations 5-15-95 GREEN SHEE CONTAC7 PEPSON & PHONE INRIAVDATE INITIAUDATE �DEPApTldENT�IftECTOq �dTYCOUNpL . Rea II0 266- 4 5 N Y EPFOR �CRYATTORNEY ��{�`�QS �CITYCLEFK MU5T E ON CqUNCIL AGE DA BY (DATE) pOUiING � BUDGET OIRECTOR � PIN. 8 MGT. SERVICES DIR. ORDEA � MAYOR (OR ASSISTANn O TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LACATIONS FOR SIGNA7URE) ACiION REQUESTED: This Resolution approves the attached Ju1y 1, 1994 - Sune 30> 1496 Agreement hetween the City of Saint Paul and Machinist District Lodge No. 77. RECAMMENDATIONS: Apprave (A� or Re�ect (R) pERSONAL SERVICE CONTpACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL $ERVICE COMMISS�ON �� Has this person/firm ever worketl under a contrect for this department? _ G�B COMMITfEE _ YES NO — SrqFF 2. Has this personffvm ever been a ciry empioyee? — YES NO _ �iSTRiCT COURT _ 3. Does this person/firm possess a skill not normally possessed by any current city employea? SUPPORTS WHICH CAUNqL O&IECTNE? YES NO Explain all yes answers on separate sheet and attach to�green sheet INITIATING PPOBLEM, ISSUE, OPPORTUNIN(Who, What. When, Where, Why�: See Attached. � �� UN 19 1995 � - �- ��P�� ADVANTAGES IF APPROVED " "" "' An Agreement in place thru June 30, 1996. DISADVANTACaES IFAPPROVE�: � �� None. JUL Q� �995 . ._.._. -- - .__�..+9 DISADVANTAGESIFNOTAPPROVED: No settlement reached and possible strike or arbitration. ��(� �S 199r� �6T� �TT�R�EY First.year: $12,000 TOTAL AMOUNT OFTHANSACTION $ Se��nd �ear � $60 _ 7 OO COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIfdG SOURCE ACTIVITV NUMBEH FINANCIAL INFORMATION� iEXPLAIN) 9� ��{� ATTACHMENT TO GREEN SHEET REGARDING THE 1994-1995 AGREEMEI3'T WITH Tf� MACF�NIST DISTRICT LODGE NO. 77 CONTRACT CHANGES 1. ACTIVE EMPLOYEE INSURANCE: The January, 1994 Employer's contribution toward family coverage is increased $16.99 per month to $265.96. In 3anuary, 1995 the Employer's contribution is increased $10.31 to $276.27 per month. In both years the increase represents 50 % of the increase in the premium for family coverage. 2. RETIREE INSURANCE: Employees hired prior to 1975, and who have 25 years of service, receive the full cost of the least eapensive single health insurance for life. (C�rrently ALL employees,regardless of date of hire, received this retiree insurance benefit.) Employees hired on or after 1975, who retire with at least 25 years of service, will receive the cost of the least e�cpensive single health insurance. However, the Employer's contribution will be capped at the cost of such insurance at the time of retirement. The Employer's contribution will be adjusted to reflect the full cost of the premium for single coverage at that time. Any future premium increases will be paid by the retiree. This change in retiree insurance benefit, in addition to the change made in the last agreement, cut the unfunded liability by approximately 70%. 3. SAFETY SHOES: Under the current contract, the Employer reimburses the employee $30.00 per toward the purchase of safetv shoes if the employee is required to wear safety shoes on the job. This amount is increased to $40.00 per year and may be used toward the cost of purchase or repair of the safety shoes. 95 -7�1� Machinist Green Sheet June 12, 1995 Page Two 4. WAGES: The agreement provides for a 0% wage increase in the first year (July, 1994). The second yeaz (July, 1995 thru June, 1996) increases are as follows: July, 1995 1.5% increase, implemented as $.25 per hour 7anuary, 1496 1% increase, implemented as $.17 per hour 5. SETTLEMENT COSTS: FIRST YEAR Wages: ;�7 Ins: $11,000 Safety Shoes: $ 1,000 TOTAL $12,000 SECOND YEAR $47,400 $ 7,000 0 $53,100 L�unulative total, including creep costs for pension, social security, etc., comes to the following for each year. $12,000 6. OTHER CI3ANGES: $6Q100 The Agreement aiso includes other minor changes which aze primarily housekeeping in nature. 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' .:s .�, i . _ . , .. . a ,:_' �- � ' ' _ ' e; AND =AER�SPAEE .�{}IZKEI�S A�'L=CIO . ; ti �. . �- .. > t :, . 5 r . , , .' .� .;� .-, x. r.«. - �' � _ . . � z^ma r 6,.-,�:' >n x M k - _ - a F �°""" : '. �. . � ._ .': c; � �� .., : : . .. , a ��. - « r � ° ., ,' ; . „ : ,.. - . - � ,: .. � „. �. , . , . �. �. ,3 " - .,. -� . . ,., ._ . � . . t , �„ .. . . . , . ,.. . r , . , ._.,.. . __ � .... , . .,. .,, . _L. ,. �v �,, r�.a,.. � _,. ,.,.... 3 r<:..i,�, �F-�iL-I� INDEX ART'ICLE TITLE PAGE 1 Recognition ...................................................... 1 2 Definitions .......................................................2 3 Maintenance of Standazds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Check Off and Adnunistrative Service Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Union Rights .....................................................5 6 ManagementRights ....:...........................................6 7 Aiscipline ........................................................'7 8 Hours, Overtime Pay ...............................................8 4 Tool Insurance and Clothing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10 Jury Duty .......................................................11 11 LegalServices ...................................................12 12 City Mileage .....................................................13 13 Active Empioyee Insuzance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 14 RetireeInsurance .................................................16 15 Holidays ........................................................18 16 Vacation ........................................................19 17 Grievance Procedures .............................................20 18 Savings Clause ...................................................23 19 Severance Pay ...................................................24 20 Wage Schedule ...................................................28 21 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 22 Sick Leave ......................................................30 23 Maternity Leave ..................................................31 24 Safety Shoes .....................................................32 25 Layoffand Bumping ..............................................33 26 Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 AppendixA .............................................. A1 i Rh-��(Z THIS AGREEMENT BETWEEN THE CITY OF SAINT PAUL AND DISTRICT LODGE #77, INTERNATIONAL ASSOCIATIOl� OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO. This AGREEMENT has been entered into between the City of Saint Paul, hereafter refened to as the EMI'LOYER, and District Lodge #77, Intemational Association of Machinists and Aerospace Workers AFL-CIO, hereafter refexred to as the iJNION. This AGREEMENT has as its purposes, the promotion of harmonious relations beriveen the EMPLOYER and the iJNION, the establishment of an equitable and peaceful procedure for the resolution of differences and the establishxnent of rates of pay, benefits, hows of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in fizll compliance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1984, as amended. ii qh -��L ARTICLE 1- RECOGivITION 1.1 The EMPLOYER recognizes the LTNION as the sole and exclusive bargaining agent for the purposes of establishing wages, benefits, hours and other conditions of employment for all of its employees as outlined in the certification by the State of Minnesota, Bureau of Mediation Services, dated August 15,1973, in case No. �4-PR-77-A, and as set forth below: All regulaz, probationary, and provisional vehicle and equipment maintenance personnel who are employed by the City of St. Paul or who have their "terms and conditions of employment" established by the goveming body of the City of St. Paul in the classifications of Auto Body Repairer, Communications Technician Helper, Equipment Repairer, Fire Buildings Repairer, Fire Equipment Servicer, Machinist, Marina-Mechanic, Mechanic-Welder, Parts Runner, Traffic Maintenance Worker, *Vehicle Maintenance Worker (Light), Vehicle Maintenance Worker (Heavy), Vehicle Mechanic, Vehicie Mechanic (FIeavy Truck & Equipment}, Vehicle Mechanic Leadworker, Vehicle Mechanic Supervisor, Vehicle Mechanic Trainee, Welder and Welder Leadworker, excluding supervisory, confidential, temporary, emergency and employees exciusively represented by other labor or employee organizations. 1.2 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 of this bazgaining unit, and the parties shall take all steps required under the Public Employment Relations Act to accomplish said objective. q��i�f2 ARTICLE 2 - DEFII�TITIONS 2.1 Collective Bazgaining. The EMPLOYER will bazgain collectively with the iJNION with respect to rates of pay, hours and conditions pertaining to employment for all of the employees in the unif hereinbefore set forth. 2.2 Discrimination. The EMPLOYER will not interfere with, reshk�a�in or coerce the employees covered by this AGREEMENT because of inembership in or activity on behalf of the LJNION. The EMPLOYER will not discriminate in respect to hire, tenure of employment or any term or condition of employment against any employee covered by this AGREEMENT because of inembership in or activity on behalf of the iJNION, nor will it discourage or attempt to discourage membership in the iJNION, or attempt to encourage membership in another Union. 23 This AGREEMENT sha[I designate and define benefits with the exception of pension benefits that shall be granted to the employees by the EMPLOYER. If subsequent to this AGREEMENT, any goveming body passes a provision which shall create a cost benefit for a employee in this unit, the cost of such benefit shall be paid by the employee until such time as the responsibility of the cost is subsequently negotiated. This provision shall not compel either parry to reopen negoriations during the course of an existing contract. �5- ��12 ARTICLE 3- MAINTENANCE OF STANDARDS 3.1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and ali other generat working conditions shail be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul, (Resolution No. 3250) and the Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this AGREBMENT, and the conditions of employment shall be improved wherever specific provisions for improvement aze made elsewhere in this AGREEMENT. � J`� �12m ARTICLE 4- CHECK OFF AND ADIVIINISTRATIVE SERVICE FEE 4.1 Dues. The EMPLOYER agrees to deduct the LIIVION membership dues once each month 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 tTNION and the aggregate deductions of all employees shall be remitted together with an iYemized statement Yo the representative by the fust of the succeediag month after such deductions are made or as soon thereafter as is possible. 4.2 Fairshare. Any present or future employee who is not a LJNION member shall be required to conYribute a fair share fee for services rendered by the IINION. Upon notification by the UIVION, the EMPLOYER shall check off said fee from the eamings of the employee and transmit the same to the LTNION. In no instance shall the required contriburion exceed a prorata shaze of the specific e�enses incurred for services rendered by the representative in relationship Yo negotiations and administrafion of grievance procedures. This provision shall remain operative only so long as specifically provided by Minnesota law and as othenvise legal. 43 The Union agrees that an administrarive fee of $6.00 per employee, per year sha11 be dedncted by the empioyer from the employee's eamings. This annual deduction shall be made from the first paycheck received in January of each year. 4.4 The IINION will indemnify, defend and hold the EMPLOYER hannless against any claims and all suits, or@ers or judgments brought or issued against the EMPLOYER, its off cers or emptoyees, as a resuit of any action taken or not taken by the EMPLOYER uuder ttte provisions of this section. �°�-��{� ARTICLE 5 - UNION RIGHTS 5.1 The ITNION may designate employees within the bargaining unit to serve as Union Stewazds. 5.2 The UNION shall fiunish the EMPLOYER and appropriate depaztment heads with a list of Stewazds and alternates, and shall, as soon as possible, notify said appropriate City officials in writing of any changes thereto. Only those who are Stewazds shall be recognized by the EMPLOYER for the purpose of ineetings. afi- ARTICLE 6 - MANAGEMENT RIGHTS 6.1 The [JNION recognizes the right of the EMPLOYER to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and auYhority which the EMPLOYER has not officially abridged, delegated, or modified by tius AGREEMENT aze retained by the EMPLOYER. 6.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such azeas of discretion or policy as the functions and programs of the EMPLOYER, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. ��-7��. ARTICLE 7 - DISCIPLINE 7.1 The BMPLOYER will discipline employees for just cause only. Discipline will be in the form o£ a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Dischazge. 7.2 Employees and the iJNION will receive copies of written reprimands and notices of suspension and dischazge. 73 Discharges wiil be preceded by a five (5) day preliminary suspension without pay. During said period, the empioyee and/or i1NION may request, and sha11 be entitled to a meeting with the Employer Representative who initiated the suspension with intent to discharge. During said five (5) day period, the EMPLOYER may affirm the suspension and discharge in accordance with Civil Service Rules or may modify, or withdraw same. � �5-��(2� ARTICLE 8- HOURS, OVERTIME PAY 8.1 Aours of Employment: The assigned normal work day shall be 8 hours excluding .5 hour for lunch in any twenry-four hour period and 40 hours in any seven-day period. (For emptoyees on a shift basis, this shall be conshued to mean an average of forty hours a week.) The normal work week shall consist of five consecutive normal work days. 8.2 Notwithstanding Article 8.1, a Department Head and ttie Union may mutuaily agree in writing to establish a normal work day of ten {10) consecutive hours, excluding a thirty (30) minute lunch period, and a normal work week of four (4) consecutive work days in a seven ('I) calendar day period. A Department Head may unilaterally cease a ten (10) hour work day, four (4) day work week with five (5) working days notice to the Union if such a schedule does not meet the operating needs of the affected Department. 83 Ca11-in-Pay: When an employee is called to work he shall receive two hours' pay if not put to work. If he is called to work and commences work, he shali be guaranteed four hours pay. These provisions, however, shall not be effective when work is unable to proceed because of adverse weather conditions. 8.4 Overtime: Tnne on the payroll in excess of the normal hours set forth above shall be "overtune work" and shall be done only by order of the head of the departrnent. Overtime will be assigned based on a rotating opportunity preset-set by class seniority among all eligible personnel in the affected division having the skills necessary for the job. In the be nnin of each calendar yeaz, the rotation for overtime oppommities will begin with the most semor employees. The individual may accept or decline. The next opporlunity for overtime will go to the next person on the list who may accept or decline. This will continue until the end of the list is reached and wi11 again start over with the most senior person. The Employer reserves the right to deviate from the aforementioned process in emergencies or in such situations where following such process would be 9��-��2 ARTICLE 8- HOURS, OVERTIME PAY (Continued) deuimental to the operafion of the affected unit. Class seniority shall be the determin;ng factor in shift assignment, however, the Employer will not be required to accept the most senior bidder or to assign the least senior employee when considering such factors as the duration of assignment and the productivity needs of the affected unit. Qualifications will be determined by the Employer based on requirements of the j ob, actual job perFormance and Civil Service certification. 8.5 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 overtime work. The basis on which such overtime shall be paid shall be determined solely by the EMPLOI'ER. �� ARTICLE 9- TOOL INSURANCE AND CLOTHING 9.1 The EMPLOYER will provide five changes of coveralls or five chaages of shirts and pants per week. T'he Department shall substitute coveralls for shirts and pants and vice versa at the employee's request. Employees may request such substitution no more tttan two times within a calendaz year. 9.2 The EMPLOYER agrees to reimburse employee for tools unintentionally damaged, intenfionally damaged by others or stolen subject to the following conditions: 9.2.1 Ali tools must be stored on Employer premises in locations designated by the Employer. 9.2.2 All tools must be locked in employee's tool box when not in use. 9.23 The employee mnst provir3e the Empioyer witk a complete and current inventory of all tools stored on the Employer's premises. The inventory shall be listed on forms provided by the Employer. Reimbursement sha11 be limited to those tools listed on the inventory list submitted by the employee. 9.2.4 In the case of theft, the employee beazs the burden of proving he/she has met all of the conditions of Articles 9.2.1, 9.2.2 and 9.2.3 above. 9.2.5 In the case of tools unintentionally damaged or intentionally damaged by others, the tools must be damaged beyond safe use. io �5-7y2 ARTICLE 10 - JURY DUTY 10.1 Any employee who is required during his regular working houts to appear in court as a juror or witness except as a witness in his own behalf against the City, shall be paid his regulaz pay while he is so engaged, provided however, that any fees that the empioyee may receive &om the 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 shift, other than the normal daytnne shift, shall be rescheduled to work the normal daytime shift during such time as he is required to appear in court as a juror or witness. ii �� -� ��. ARTICLE ll - LEGAL SERVICES 11.1 Except in cases of malfeasance in office or willful or wanYon neglecT of duty, or indifference to rights of others, the EMPLOYER shall defend, save harmless and indemnify an employee against tort claim or demand whether groundless or otherwise arising out of alleged acts or omission occurring in the performance or scope of the employee's dufies. 11.2 Notwithstanding the provisions of Section 11.1, the Employer shall not be required to defend or indemnify any employee against personal liability, or damages, costs or expense (a) resulting from a cIaim, suit, verdict, finding, determination or judgment that the employee has committed an intentional tort or torts, inclnding but not limited to slander, libel and/or other defamatory harms; or (b) arising out of cross claims, counterclaims, afSxmative defenses, and/or separate actions brought against such employee in response to or resulting from claims, allegations, demands or actions (whether or not litigation was actuatly commenced} brought, made or instihrted by such employee. i 1.3 Notwithstanding the provisions of Section 11.1 ar 11.2, the Employer may at its sole discretion defend an employee against allegations, cIaims, demands or actions wholly or in part based on or arising out of claimed intentional Yorts, and in such cases, the employee consents to the extent lawfully permitted to such representation without regazd to actual ar potential conflicts of interest. 11.4 Each employee, within 20 days after receiving notice of (1) a tort claim or demand, action, suit or proceeding against him or her, and (2) a judgment, verdict, finding or determination, either of wluch arises out of alleged or found acts or omissions occuning in the performance or scope of the employee's duties, shall notify the City by giving written notice thereof to the City Clerk. iz �.� -� �f � ARTICLE 12 - CITY MILEAGE 12.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Adminish Code, as amended, pertaining to reimbursement of City officers and employees for the use of their automobiles in the performance of their duties, the following provisions aze adopted. 12.2 Method of Computafion: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. If an employee is required to use his/her own automobile during employment, the employee sha11 be reimbursed at $.27.5 per mile for each mile actuaily driven. 123 The City will provide parking at the Civic Center Pazkiug Ramp for City employees who aze required to have their personal car available for City business. Such pazking will be provided only for the days the employee is required to have his or her own personal caz available. 12.4 Rules and Regulations: The Mayor shal] adopt rules and regulations governing the procedures for automobile reimbursement, such regularions and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shail file monthly �davits stating the number of days worked and the nuxnber of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than $100,000/$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 City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shali be maintained on file with ihe City Clerk. 13 �� -��2 ARTICLE 13 - ACTIVE EMPLOYEE INSURANCE 13.1 The insurance plans, premiums for coverages and benefits contained in the insurance ptans offered by ttie Employer shall be solely controlIed by the contracts negotiated by the EmpIoyer and the benefit providers. The Employer will attempt to prevent anq changes in the benefits offered by the benefit providers. However, the employees selecfing the ofFered plans agree to accept any changes in benefits which a specific provider implements. The Employer's Cafeteria Plan Document aud IRS rutes and regulations shall govern the Employer provided health and welfaze benefit program. 13.2 For the purpose of this Article, full-time employment is defined as appearing on the payroll an average of at least 32 hours per week for the imxnediately preceding iwelve (12) month period ending June 30th. Three-quarter Hme employment is defined as appearing on the payroll an average of at least 26 hours per week but less than 32 hours per week for the imxnediately preceding tweive (12} month period ending June 30th. Aalf-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 unmediately preceding twelve (12) month period ending June 30th. The above determination shall exclude periods of layoff and approved unpaid leave of absence when the employee retums to the same position and employment condition. The Employer shall determine the time status of a new or changed position based on the above definitions as to full-time, three-quarter or half-time employment. 13.3 Effective January 1, 1994, the Employer agrees to contribute, for fuli-time employees, $265.96 per month towazd the cost of the employee selected insurance coverages under the "Cafeteria Plan." For three-quarter time employees the Empioyer's conlribution shaiI be $199.47 per month. For half-time employees the Employer's contribution sha11 be $132.98 per month. Effective January 1, 1995, the Employer's contribution toward the cost of selected insurance coverages for full-time employees shall be adjusted to $276.27 per month. For three-quarter time empIoyees the Employer's contribution shall be adjusted to $207.20 per month. For half-time employees the Employer's contribufion sha11 be adjusted to $138.14 per month. 14 ��-�� ARTICLE 13 - ACTIVE EMPLOYEE INSURANCE (Continued) 13.4 Under the "Cafeteria Plan," all eligible employees regazdless of the number of average hours worked must select at least single coverage hospital-medical insurance and employee life insurance in an amount of $5000. Any unused portion of the Employer's contribution for which an employee is eligible shall be paid to the employee as taYable income. Such payment will be made during the month of December for the Plan year. For employees who temunate their employment with the Ciry of Saint Paul, such payment sha11 be made within 90 days following ternunation. 13.5 For employees who become disabled and aze eligible for a disability pension from a retirement fund to which the City of Saint Paul has contributed, the Employer shall contribute toward the hospital-medical insurance program offered by the Employer in accordance with Article 14 of this Agreement. 13.6 The insurance benefits provided under this Article shall not apply to temporary or provisional employees. is ��'�� ARTICLE 14 - RETIREE INSURANCE 14.1 Full-time eligible employees must meet the following conditions at the time of retirement in order to be eligible for the Employer contribution towazd the hospital-medical insurance program offered by the Employer. 14.1.1 Have completed at teast twenty-five (25) yeazs of service with the City of Saint Paul, AND $e receiving a pension from a retirement fund to which the City of Saint Paul has contributed. 142 For employees who were hired prior to 7uly 1, 1975 and who, at the time of retirement, meet the eligibility requirements set forth in Article 14.1.1, the Employer agrees to contribute, for the life of the retiree, the following: The full cost of the least eatpensive single premium for hospital-medical insurance offerad by the Employer. 143 For employees who were hired on or after July 1, 1975, and who, at the time of retirement, meet the eligibiIity requirements set forth in Arficle 14.1. T, the Employer wiIl provide, for the life of the retiree, the futl premium cost of the least expensive single health insurance coverage provided by the Employer at the time the employee retires. The City's contribution level shall remain constant, except that such contributioa level shall be refigured aY the full cosY of the least expensive premium offered by fhe Employer at the time the retiree reaches age 65, if such date is after the date of retirement. For employees who retire and have not completed at least twenty-five (25) yeazs of service with the City at the time of their retirement, the Employer will discontinue providing any health insurance contributions upon their retirement. 16 L��-��I� ARTICLE 14 - RETIREE INSURANCE (Continued} 14.4 For employees who retvre who do not meet the eligibiliTy requirements set forth in 14.1.1, the Employer shall not make any contributions towazd insurance coverage. However, if such retiree has completed at least ten (10) years of service with the City of Saint Paul, he/she may purchase single and/or dependent health insurance coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by the retiree. 14.5 A retiree's participarion in the City's health insurance plan must be continuous. The retiree must be participating in a City health insurance plan at the time of refirement. If a retiree chooses not to participate at the time of his(her retirement or if a retiree discontinues his/her participation at a later date, such retiree wili not be eligible for any future participation or for any Employer contribution. 14.6 In the event of the death of a retiree who is participating in the City's health insurance program, the surviving spouse or dependent of the deceased may continue to participate in the City's health insurance plan at his/her own cost. Eligibility to continue to participate shall terminate when such spouse or dependent remarties or becomes eligible for group health insurance through any empioyer. 1� R5 -�� ARTICLE 15 - HOLIDAYS 15.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Yeaz's Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Two floating holidays 15.2 15.3 Labor Day Veterans' Day Thanksgiving Day Day after Thanksgiving Chrishnas Day Etigible emptoyees shall receive pay for each of the hotidays listed above, on which fhey perform no work. Whenever any of the hotidays 2isted above sha11 fatl on Saturday, the preceding Friday shall be observed as the holiday. Whenever anq of the holidays listed above sha11 fall on Sunday, the succeeding Monday shatl be observed as the hotiday. The floating holidays set forth in Section 15.1 above may be taken at any time during the fiscal year, subject to the approval of the degartment head. For the purpose of this article the "fiscal year" shall be the IRS payroll reporting year. Eligibility Requirements. In order to be eligible for a holiday witk pay, an employee's name must appear on the payroll on any six worldng days of the nine working days preceding the holiday; or an employee's name mnst 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 the purposes of this secrion. It is further understood that neither temporary nor other employees not heretofore eligible sha11 receive holiday pay. ia 9�-��2 ARTICLE 16 - VACATION 16.1 In each calendar yeaz, each full-time employee shall be granted vacation according to the following schedule: Years of Service Less than 8 years After 8 yeazs thru 15 yeazs After 15 yeazs and thereafter 16.2 163 16.4 16.5 16.6 Vacation Granted 15 days 20 days 25 days Employees who work less than full-time shall be granted vacation on a pro rata basis. The head of the department may permit an employee to cany over into the following vacation year up to one hundred twenty (120) hours of vacation. The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. If an employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he may convert any part of such excess to vacation at the rate of one-haif day's vacation for each day of sick leave credit. The maximum number of days' vacafion allowed by the conversion of sick leave credits shall be no more than five days in any one yeaz so that the maximum vacation time which may be taken in any one yeaz shall be forty-five (45) days including the regulaz vacation period. 19 ��-�� i. ARTICLE 17 - GRIEVANCE PROCEDURES 17.1 The EMPLOYER shall recognize stewazds selected in accordance with iJNION mles and regelations as the grievance representative of the bazgaining unit. The ITrIION shall notify the EMPLOYER in writing of the names of the Stewards and of their successors when so named. 17.2 It is recognized and accepted by the EMPLOYER and the iJNION that the 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 emptoyee dufies and responsibilities. The steward involved and a grieving employee shall sufFer no loss in pay when a grievance is processed duting working hours, provided, the steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EMPLOYER. 173 The procedure established by this Article shall be the sole and exclusive alleged violation of the terms and condi6ons of this AGREEMENT. Grievances sha11 be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this AGREEMENT, the employee involved 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 refened to Step Z by the LINION. 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 refief requested. Any alleged violation of the AGI2EEMENT not reduced to writing by the iJNION within seven (7) calendar days o£the first occurrence of the event giving ntse to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the cvritten grievance a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shail reply in writing to the IJIVION within seven ('7) calendar days following flus meeting. The iJNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the LTNION within seven (7) zo '��-7�� ARTICLE 17 - GRIEVANCE PROCEDURES (Continued) calendar days foilowing receipt of the EMPLOYER'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 ('n calendar days following this meeting the EMPLOYER shall reply in writing to the IINION stating the EMPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the i7I�iION may refer the grievance to Step 4. Any grievance not refened to in writing by the LTrtION to Step 4 within seven (7) calendaz days following receipt of the EMPLOYER'S answer shall be considered waived. Step 4. If the grievance remains unresolved, the UI�IION may within seven (7) calendaz days after the response of the EMPLOYER in Step 3, by written norice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shali be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the i3NI0i�3 within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an azbitrator within the said seven (7) day period, either party may request the Public Employment Relation Boazd to submit a panel of five (5) azbitrators. Both the EMPLOYER and the IJI�IION shall have the right to strike two (2) names from the panei. The LJNION shall strike the fust (1 st) name; the EMPLOYER shali then strike one (1) name. The process will be repeated and the remaining person sha11 be the arbitrator. 17.4 The 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 issue submitted in writing by the EMPLOYER and the IJTIION and shall have no authoriTy to make a decision on any other issue not so submitted. The azbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The azbitrator s decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an ea�tension. 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 gtievance presented. The decision of the azbitrator shall be final and binding on the EMPLOYER, the LTNION, and the employees. zi ��J �� ARTICLE �7 - GRIEVANCE PROCEDURES (Continued) 17,5 The fees and expenses for the azbitrator's services and proceedings shall be bome equally by the EMPLOYER and the iJNION, provided that each parry shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatixn record of the proceedings, it may cause such a record to be made, providing it pays for the record. 17.6 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the LTrIION. zz �� -��{ � ARTICLE 18 - SAVINGS CLAUSE 181 This AGREEMENT is subject to the laws of the United States, the State of Minuesota, and the City of St. Paul. In the event any provision of this AGREEMENT shall hold to be contrary to law by a court of competent jurisdiction from who final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. 23 ��-��. ARTICLE 19 - SEVERANCE PAY 19.I The Employer shail provide a severance pay program as set forth in this Article. 19.2 To be eIigible for the severance pay prograui, an employee must meet the following requirements: 19.2.1 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Public Employees Retirement Associafion (PERA). 19.2,2 The employee must be voluntarily sepazated from City employment or have been subject to sepazation by lay-off or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the City Severance pay program. 19.23 The employee must have at least ten (10) yeazs of service under the classified or unclassified Civil Service at the time of sepazation. 19.2.4 The employee must file a waiver of reemployment with the Director of Human Resources, which 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. 19.2.5 The employee must have accumulated a minimum of sixry (60) days of sick leave credits ai the time of his separation from service. 193 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 sepazarion for each day of accrued sick leave subject to a ma�cimum of 200 accrued sick leave days. 19.4 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. 24 _ ��-�42 ARTICLE 19 - SEVERANCE PAY (Continued) 19.5 For the purpose of this severance program, a death of an empioyee shall be considered as sepazation of employment, and if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 19.6 For the purpose of this severance program, a transfer from the Ciry of Saint Paul employment to Independent School District No. 625 employment is not considered a sepazation of employment, and such transferee shall not be eligible for the City severance program. 19.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. I]490. 19.8 This severance pay program shall be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control. 19.9 An employee 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 an employee to draw severance pay under either this article or the ordinance sha11 constitute a baz to receiving severance pay &om the other. 19.10 The above Articles 19.1 through 19.9 apply only to employees hired prior to July l, 1989. 19.11 Employees hired on or after July 1, 1489 shall be covered by the provisions of the following Articles 19.12 through 19.17. as � �'-� L(� ARTICLE 19 - SEVERANCE PAY (Continued) 19.12 For employees hired on or after July 1, 1989 the Employer shall provide a severance pay program as set forth in the following Article 19.13 through 19.17. 19.13 To be eligible for the severance pay program, an employee must meet the following requirements: 19.13.1 The employee must be voluntarily sepazaYed from City employment or have been subject to separation, lay-off or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinazy reason aze not eligible for the City severance pay program. 19.13.2 The employee must file a waiver of reemploymenY with the Director of Human Resources, which will clearly 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. 19,13.3 The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of his/her sepazation from service. 19.14 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 dai2y rate of pay for the position held by the empioyee on the date of sepazation for each day of accrued sick leave subject to a masimum of as shown below based on the number of yeazs of service with the Ciry. Years of Service with the City Ma%imum Severance Pay t Least 20 21 22 23 24 25 $4,000 $4,600 $5,200 $5,800 $6,400 $7,000 26 ��-�� ARTICLE 19 - SEVERANCE PAY (Continued) 19.15 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 of the requirements set forth above, at the tune of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 19.16 The manner of payment of such severance pay shail be made in accordance with the provisions of City Ordinance No. 11490. 19.17 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 article conflict with said ordinance and in such cases, the provisions of this article shali control. z� �� ARTICLE 20 - WAGE SCHEDULE 20.1 The wage schedule for purposes of this contract shall be Appendix A, attached hereto. 20.2 The Vehicle Mechanic Leadworker rate will be $.29 per hour higher than the Vehicle Mechanic rate. 203 The Welder Leadworker rate will be $.29 per hour higher than the Welder rate. 2a ��-�a�z ARTICLE 21- STRIKES, LOCKOUTS, WORK INTERFERENCE 21.1 The IJNION and the EMPLOYER agree that there shall be no strikes, work stoppages, slow-downs, sitdown, stay-in, or other concerted interference with the EMPLOYER'S business or affairs by any of the said UIV10N and/or the members thereof, and there shall be no bannering during the e�stence of this AGREEMENT without first using all possible means of peaceful settlement or any controversy which may arise. Employees engaging in same shall be liable for disciplinary action. 29 � 5-��IZ ARTICLE 22 - SICK LEAVE 22. i Sick Leave With Pay. During any period in which an emptoyee is absent from work on sick leave with pay, the employee shall not be employed or engaged in any occupation for compensation outside of his reguIaz city employment. Violation of the provision of this paragrapb by any employee shall be grounds for suspension or dischazge. 22.2 In the case of a serious illness ar disability of an employee's child, the Employer shall grant leave of absence in accordance with State Legislation. Such leave shall be deducted from the employee's accumulated sick leave credits. If the employee has no accumutated sick leave credits, such leave shall be granted without pay. 223 In the case of a serious illness or disability of an employee's dependent, parent or household member, other than a child, the head of the department shall grant leave with pay in order for the employee to care for or make arrangements for the care of such disabled persons. Such leave shall be drawn from the employee's accumulated sick leave credits. Use of suck sick leave shall be limited to forty (40) hours per incident. 30 `��-�� ARTICLE 23 - MATERNITY LEAVE 23. I Maternity Leave. MatemiTy is defined as the physical state of pregnancy of an empioyee, commencing eight (8) months before the estimated 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. 31 � g ARTICLE 24 - SAFETY SHOES 24.1 Effective July l, 1995, the EMPLOYER agrees to pay $40.00 towazd the cost or repair of safety shoes purchased by an employee who is a member of this unit. The EMPLOYER shall contribute towazd the cost or repair of oue pair of shoes per contract yeaz and shall not be responsible for any additional cost for any shoes or repairs thereafter. This reimbursement of $40.00 shall be made only after investigation and approval by the immediate supervisor of that employee. This $40.00 EMPLOYER conhiburion shall apply only to those employees who aze required to weaz protective sl�oes or boots by the EMPLOYER. 32 9�-��2 ARTICLE 25 - LAYOFF AND BUMPING 25.1 As of the effecfive date of tius Agreement, all Vehicle Mechanics and Vehicle Mechanics (Heavy Truck & Equipment) in all Departments other than Fire and Police shall be considered Vehicle Mechanics (Heavy Truck & Equipment). Further, Vehicle Mechanic (Heavy Truck & Equipment) class seniority shall be based on ail continuous tune served in regulaz or probationary status as a Vehicle Mechanic and Vehicle Mechanic (Heavy Truck & Equipment) since the last date of appointment to either class. 25.2 For purposes of layoff the Employer shall determine the location and number of employees to lay off. Upon the effective date of layoff, a Vehicle Mechanic (Heavy Truck & Equipment), Vehicle Maintenance Worker (Heavy) and Weider may bump the least senior Vehicie Mechanic (Heavy Truck and Equipment), Vehicle Maintenance Worker (Heavy), and Welder, respectively, Citywide, excluding the Police and Fire Departments and Independent School District No. 625. An employee exercising a bump across Department lines shall serve up to six (6) months probation in the Departrnent to which he/she bumps. An employee who does not pass probation shall be laid of£ The provisions of this section shall not be subject to Article 17, Grievance Procedure. 253 In the event that the Employer merges gazage operations, the seniority lists of the affected classes for those merged operations only shail be merged. 33 q�-�1y2 ARTICLE 26 - DIJRATION AND EFFECTIVE DATE 261 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opporlunity to make proposals with respect to any subject concerning the terms and conditions of employxnent. The agreements and understandings reached by the parties after the exercise of this right aze fully and completely set forth in this agreement. Any and all prior agreements, resolutions, practices, policies or rules or regulations regazding the terms and conditions of employment to the eatent they are inconsistent with this Agreement aze hereby superseded. In those areas where Civil Service Rules are not inconsistent cvith this Agreement the Civil Service Rules shall continue to be in effect. 26.2 Except as herein provided, this Agreement shall be effective as of the date it is executed by the parties and sha11 continue in full force and effect through June 30, I996, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend, or modify tlus Agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1984. Any retroactivity sha11 be owed only to employees who continue to be employed by the City at the time this Coliective Bazgaiuiug Agreement is approved. 26.3 This constitutes a tentative agreement between the parties which will be recommended by the City Negofiator, but is subject to the approval of the Aduiinistration of the City, the City Council and is also subject to ratification by the Union. WITNESSES: CITY OF SAINT PAUL DISTRICT LODGE NO. 77, INTERNATIONAL ASSOCIATION OF MACHIIVISTS AND AEROSPACE WOKKERS AFL-CIO BY: BY: Mary H. Kearney City Labor Negotiator � Y J�/7.z� � Gary Sc 'dt Business Representative \ � \ . , s � � 1 Li� 1 34 APPENDIX A The wage rates and salary ranges for classifications in this unit are shown below: 0 Auto Body Repairer Machinist Mechanic-Welder Vehicle Mechanic Vehicle Mechanic (Heavy Truck & Equipment) Vehicle Mechanic Leadworker Welder Welder Leadworker Equipment Repairer Fire Buiidings Repairer Fire Equipment Servicer Marina Mechanic Traffic Maintenance Worker (Appt. prior to July 1, 1991) Traffic Maintenance Worker (Appt. on or after July 1, 1991) Vehicie Mntnce Worker (Heavy) (Appt. prior to July l, 1991) Vehicle Mntnce Worker (Heavy) (Appt. on or after July i, 1991) *Vehicle Mntnce Worker (Light) EFFECTIVE June 25, 1994 $17.84 17.84 17.84 17.84 17.84 18.13 17.84 18.13 EFFECTIVE June 25, 1994 START 6 MOS $14.88 $15.65 14.88 15.65 14.88 15.65 14.58 15.27 14.88 15.65 18.38 18.55 18.09 18.26 1838 18.55 EFFECTIVE EFFECTIVE June 24, 1945 Dec. 23, 1995 START 6MOS START 6MOS $15.13 $15.9� $15.30 $16.�7 15.13 15.90 1530 16.07 15.13 15.90 1530 16.07 14.83 15.52 15.00 15.69 15.13 15.90 1530 16.07 12.95 13.61 13.20 13.86 1337 14.03 14.88 15.65 15.13 15.90 1530 16.07 12.95 13.61 13.20 13.86 1337 14.03 13.87 14.56 14.12 14.81 14.29 14.98 9�-�� EFFECTIVE EFFECTIVE June 24, 1995 Dec. 23, 1995 $18.09 $18.26 18.09 18.26 18.09 18.26 18.09 18.26 18.09 18.26 A 1 `��`��{� APPENDIX A (Continued) EFFECTIVE 7une 25, 1994 START 6 MOS 1 YR EFFECTIVE June 24, I995 START 6MOS 1 YR EFFECTIVE Dec. 23, 1995 START 6MOS lYR Parts Runner $ 937 $10.24 $11.15 $ 9.62 $10.49 $11.40 $ 9.79 $10.66 $11.57 Communications Tech. Helper $10.31 $10.58 $I1.15 $10.56 $10.83 $11.40 $10.73 $11.00 $11.57 Vehicle Mechanic Trainee First 2,000 hours 60% of the Velucle Mechanic base rate Third 1,000 hours 65% of the Velricle Mechanic base rate Fourth 1,000 hours 70% of the Velucle Mechanic base rate Fifth 1,000 hours 75% of the Vehicle Mechanic base rate Sia�th 1,000 hours 80% of the Vehicle Mechaaic base rate Seventh 1,000 hours 85% of the Vehicle Mechanic base rate Eighth 1,000 hours 90% of the Vehicle Mechanic base rate The above June 25, 1994 rates represent a 0% increase over the December 25, 1993 rates. The above June 24, 1995 rates represent a$.25 per hour increase over the 7une 25, 1994 rates. (1.5% of unit's average rate.} The above December 23, 1995 rates represent a$.17 per hour increase over the 7une 24, 1995 zates. (1.0% of unit's average rate.) �