95-1170 Council Fue # 9 S— 1 L� O
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RESO IO �3
CITY OF SA UL
Presen d y
Reterred T Commlttee: Date
1 RESOLVED, that the Council of the City of Saint Paul hereby approves
2 and ratifies the attached May, 1994 - April, 1997 Collective Bargaining Agreement
3 between the City of Saint Paul and the Tri-Council Bargaining Unit represented by the
4 Laborers, Local 13a, Teamsters, Loca1 120, and IUOE, Loca149.�
Yeas Na s Absent
Blake
Grimm Requested by Department of:
Guerin
Harris O�ce of Labor Relations
Me ard
Rettman $y; �
Thune
�'..
Fo Ap ro by City Attorney
Adopted by Council: Date ��C .�, .� o l °� S
By:
Adoption Certified by Council Secretary
g Appro e by Ma or fo Sub ssion to Council
Approved Mayor: Date l� �l �f 5 BY�
sy:
`�S � t 1��1 �
�� ��� ���A�� N_ 2 7 8 7 5
L A B O R R E L A T I O N S 9 � a- 9 s GR E f N SMEE T .
CONTACT R PHONE �T� INITIAUDA7E
� DEPMRTMENT DIRE ' � CITY COUNCIL
MARX H. REARNEY 266�6495 �" (� ciTVnrroa►�r � cmc��c
MUBT BE A(iENDA BV (DJ1TE) pp� � Q BUDOET DfRECTOR ' � F�1. & MOT. SERVICES DIR.
�p � MAYOR (OR AS818TANT) ❑
TOTAL # OF SItiNATURE �GES �� � (CLIP ALL LOCATIONS FOR 8iGNATUAE)
�crior� REGUESrEO:
This resolution approves the attached May, 1994 .- Apri1, 1997 Agreement between the City
of Saint Paul and the Tri-Council Bargaining Unit represented by the Laborers, Loca1 I2U�3oZ
Teamsters, Local 120, and International Un�ion of Operating E�igineers, Local 49.
RECOMI�tENDAnONS: Approvs (A) w Repo lR) PERSONAL SERVICE CONTRACTS MUST ANSWER TNE FOLLOWINO QUE�TION8:
_ PLANNIN(i COMMISSION _ CML SERVICE COMMISSION i. Hi6 this pepONNrm eV9r MiO�'k!d urldM 8 EOrM►t1Ct �r dtli dsp8rfmint?
_ GB COI�AMITTEE _ YES 'NO
2. Has tMs psraonNirm ever been a dty employes?
— �� — YES NO '
_ DISTR�CT CouRr _ 3. Dosa thfa person/firm poaseas a sk� not noneqiN�r P� ��Y ��Y e�P��
SUPPORTS wHIGH COUNCIL OBJECTIVE4 YES NO
Explain aN yu answ�rs on s�p�nt�: sl�t and utt�ch to On�n sM�t
INRIATMICi PROBLEM, lSSUE. OPPARfUNRY (Who. Wh�t. Mlhsn. NThere. WhYY
See Attached
ADVANTAOE8IF APPROVEO:
E�n Agreenent in place through April, 1997.
DISADVANTAti66 IF APPROVED:
l�one . �
as�ovaNr�oes � rar na�ovec:
No settlement reached and posaible strike.
1994: 163,263
TOTAL AMOUNT OF TqANSACT{ON : 1995 :� 343 � �31 CpgT/REYENtlE sUDti�TED (CIRCLE ONE) YES NO
1996: 421,468
FUNDIHG SOURCE ACTIVRY NUNOER
FINANCIAL INFORMATION: (EXPLAIN)
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Costing Information for the Tfi-Council Settlement
5/94 - 4/95 5/95 - 4/96 5/96 - 4/97
Base Sala $13,609,542
Wages $0 0.00% $272,191 2.00% $277,635 2.00%
Active Health Insurance: $89,300 0.66% $37,821 0.28% $39,560 0.28%
Seasonal Health Insurance $0 0.00% $0 0.00% $66,186 0.48%
Vacation $34,644 0.25% $0 0.00% $0 0.00%
Forestry Crew Leader $10,649 0.08% 0.00% 0.00%
Driver Operator $3,236 0.02% 0.00% 0.00%
Water Service Worker Control Desk $3,132 0.02% 0.00% 0.00%
Water System Worker II $14,115 0.10% 0.00% 0.00%
Revolving Power Equip. Operator $0 0.00% 0.00% 0.00%
Safety Shoes $4,400 0.03% 0.00% $4,400 0.03%
Parks Mower - premium $0 0.00% 0.00% $2,000 0.01 °/a
Total $159,476 1.17% $310,012 2.28% $389,781 2.81%
The percentages listed represent percentages of the base salary dollars.
Cumulative totals, including cost for social security, pensions, etc., comes to the follwing for each yea;ke�y s�,9�95 �
Cumulative Total $163,263 $343,031 $421,468
The unfunded liability attributible to current employees of this unit was cut by 65%.
The unfunded liability for future hires was cut by 100%
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MEMORANDUM OF UNDERSTANDING
On Monday, September 25, 1995, the undersigned met with Alan Olson, Mediator from
the Bureau of Mediation Services, State of Minnesota, and agreed to the following
clarification of Appendix D:
The deletion of the last sentence of the Preamble to Appendix D shall not be construed
as a limitation upon the Employer's right to determine employee qualifications nor shall
its deletion be construed as a limitation upon the Union's right to challenge these
decisions when deemed necessary.
CITY OF SAINT PAUL TRI-COUNCIL
BY: �� �a �" IC- BY:�� °
Mary . Kearney Dave Erickson, Loca149
DATE: � S S�, t�t 5 ����
BY: G ���
on McGinn, Local
�
BY:
red ppl , 20
� S- Il�a
City of Saint Paul and Tri-Council
August 14,1995
ARTICLE/SUBJECT Current Status Proposal
WAGES 5/1/94: 0%
5/1/95: 2%
5/1/96: 2%
Active Health Insurance 5/1/94:
Single $164.88 Single: $164.88
Family $275.00 FaFnily: $315.86
1/1/95:
Single: $172.96
Family: $326.21
1/1/96:
Single: Full Single `96
Family: + 50% premium inc.
1/1/97:
Single: Full Single `97
Family: + 50% premium inc.
Retiree Health Insurance Early: (under age 65) Retire prior to 1/1/96:
Must be 58 w/ 25 yrs serv. (window period)
or age + yrs serv = 85 Same as 1993 Agreement
or > 30 yrs serv; Then get Retire after 1/1/96:
same monthly contribution as *Hired before 1/1/96
active *20 years service
Regular: (65 or older) *Rec'g PERA
If hired < 5/1/92 and have 10 *Separated from employ.
years serv., get full coverage for non-disciplinary
under Council Resolution reason
Hired > 5/1/92, need 20 years Then:
serv, and get full single Early: Same as active-
contribution Capped at $350/mo.
Regular:
Capped at $550/mo.
Health Insurance for None
Seasonal Layoff Effective 1/1/96:
For up to five months of
layoff the City will
contribute, to eligible
employees on seasonal
layoff, the same
contribution, (expressed in
dollar amounts) as
contributed for active
employees
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Vacation 1 st - 4 yr: 10 days 10 days Retro to 4/30/94
Sth - 9 yr: 15 days 16 days (+1)
lOth-15 yr:17 days 19 days (+2)
16th-23 yr: 21 days 23 days (+2)
24th and +: 26 days 26 days
Crew Leader position Forestry crew leader $17.23 Effective 9/3/94, increase to
$18.25
Other Crew leaders Agree if classification study
results in proposed increase,
City will negotiate. Increase
retro to 90 days after receipt
of request
Driver Operator pay $15.49/hour Effective 4/29/95:
Increase $ .OS/hour
Appendix A Premium increases are
effective first full payroll
period following final
adoption of contract, unless
otherwise noted
(A) Driver Op. & Service $.20/hour Increase to $.25/hour
Wrkr. assigned to tandem
truck
New--Driver Operator and none Add $.25/hour for lowboy,
Service worker assigned to truck trailer, show mobile
drive certain trailer
combination vehicles
(B) Chipping hammer prem. $.20/hour Increase to $.25/hour
(C) Chain saw prem. $.20/hour Increase to $.25/hour
(D) Tender for bricklayer $.15/hour Increase to $.20/hour
Add brick/paving setter
(F) 8 feet or lower $.25/hour Increase to 3% of base
Update titles in exclusion
(G) Jackhammer prem. $ .20/hour Increase to $ .25/hour
(H) Mortar Mixer $ .15/hour Increase to $ .20/hour
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(K) NSP crew $ .40/hour Increase to $ .50/hour
-regularly assigned delete "regularly"
New (M) Tacman/tamper $ .34/hour Increase to $ .50/hour
New (N) Oiler/Operator None Add at $.75/hour
Revolving Power Equip. Op. $ 18.65/hour Increase to $ 18.68/hour
Water service worker-- base pay Effect. 4/30/94: Increase to
Control Desk $16.13/hour $ 16.63 (+ $ .50)/hour
and Water System Worker II $16.06/hour $ 16.58 (+ $.52)/hour
Article
(1) Recognition None 50% of temporary
employees shall be referred
from Union hall
(1.1) Recognition Various outdated titles Update titles
(6) Safety $30.00 per contract year for 5/1/94, increase to $40.00.
safety shoes 1/1/96, increase to $50.00
(8.4) Hours, Premium Pay Call-in not applicable if work Delete language limiting
impossible due to weather applicability of call-in
(8.9) Hours, Premium pay step (6) All Public Works Insert new step (6)
calling for snow plowing volunteers "All Tri-Council" before
needs Public Works volunteers
(9.19) Flexible spending "effective 1/1/93 ..." Delete "effective 1/1/93"
(10) New -Optional None Extra optional step to
Grievance Mediation mediate grievance before
arbitration. See attachment
(11) Seniority in assignment Memo of Understanding -
Labor Management
Committees to be formed
(11.3) D. Update title Truck Driver Replace with Driver Operator
(13.2) Floating holidays Two per contract year Change to two per fiscal year
(16.4) wage study - Golf Obsolete language regarding Delete obsolete section 16.4
ranger 1992 study
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(19.6) Sick Leave Report illness by 1/2 hour Report illness by 1/2 hour
after shift begins before shift begins -
consistent with article 8.8
(23.2) Terms of agreement "through Apri130, 1994" Change to "Apri130, 1997"
Appendix B
Temporary rates various Have been negotiated in
separate agreement
Appendix D
Seniority applications intent clarified--See changes
preamble in attachment
Past Practice on For Parks Deparhnent -
50 H.P. - Parks School District language:
Effective the first payroll
period following final
adoption of contract:
Any Parks worker assigned
to operate a tractor with
power take-off over 50 horse
power which is used for
cutting grass shall receive
$ .45 per hour above the
regular base rate for each
hour or any part over one
fourth hour actually worked
in such an assignment.
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Language change to clarify Appendix D
The following are the general policies regarding seniority for personnel permanently assigned to the
Department of Public Works Street Maintenance and Sewer Maintenance Divisions and the department
of Community Services, Parks and Recreation Division in the classifications of Driver-Operator,
Laborer, Street Services Worker, Heavv Equi�ment Operator, Sewer Services Worker, Grounds Worker,
Parks Worker, Tree Trimmer II, Power Clam Operator and Tree Worker. �e These general policies
are-rie� will be followed when making job assignments to qualified emplo,�. �k
, The productivity
needs of the utilizing division mav be considered when making job assignments.
Separate "Memorandum of Understanding" Regarding Seniority
(Proposed 6/28/95)
The City proposes that the following memorandum of agreement be entered into by the parties. The City
and Tri-Council recognize that each party has specific concerns in assuring that job assignments and
layoffs of a permanent nature be conducted equitably by Management, as long as productivity and the
efficiency of operations are not adversely affected in any way. Moreover, each Department and their
respective work forces have unique ideas and concerns.
Therefore, the City and Tri-Council agree that good faith considerations of these issues will occur in
department level labor-management cooperative committees. Each committee will set a specific time
period for discussing these issues, beginning no later than December 1, 1995. The Committees will
adhere to the guidelines relating to structure and procedure as established by the Minnesota Bureau of
Meditation Services. If no such committee currently exists in a department, one will be established for
this specific purpose.
Any joint recommendation(s) amending the labor agreement or a practice will be submitted to the
Director of Labor Relations and the Exclusive Representative for their approval.
(Proposed as addition, 7/20/95, 4:30 p.m.)
The following Ground rules shall apply unless committee members agree otherwise by consesus.
1) Union designated representatives, up to 2 per local, will include Business Agents.
2) Will meet a minimum of every six (6) weeks for up to eight (8) months, unless reach
resolution earlier.
3) For discussions of seniority, the only Union members will be from Tri-Council.
4) On City time.
UNIFORM SETTLEMENT FORM PUBLICEMPLOYER: C�ty Of Saint Paul EXCLUSIVEREPRESENTATIVE: TT��COUI1Cl1 UNIT:
. .• Base Year F � rst Year of Contrect 2nd Year Base SeC� n U Year of Contract (if aQplicable) 3rd Ycar Base T h i rd Year of Conlracl if a licabl
�ates t)5/93 2) 5/94-4/95 �a�es s�`�95 — 4/96 Dates a1 5/96 — 4/97
Base Wage 5) 13 , 609 � 54 �ew S by Wage Sch ule ease Wage 28� 3 640 � 674� f by Wage Sch Base Wage 51 � 3� 912 � 867New f by wage Sch�c1ule
tmprovement �4) 1 1 2* Improvement 37) ��2 � 193 Improvement Go) L77 635
New = by Wage Schedule _ New S by Wage Schedule New S by Wage Schedule
, Movement 15) � Movement 38) -- Movement 61) --
ease Social Sxurity ew S Social Security ease Social Security 043 51 e`^' S Social Security Base Social Securityl , 064 � 334�`1e�+' S Sociai Security
� Contribution ' SA� � 041 � 13 �ontribution i5A) 2 382 Conlribution 28�� ' �onlribulion 30A) 2�.823 Contribution S1A) Contribution 61A) 21 2
Qase State or New S State or Base State or New S Stale or Due State or New S State or
Local Retirement Local Retirement Local Retirement local Retirement local Retirement Local Retirement
Contribution ss� 609 � 707 Contribution l58) 1� 395 Contribution 20D) 611 , 102Contribution 38D) 12 ,194 Contribution S1B( 23. 29 fi Contribution 6iD) 12 , 438
ease Medical 8 � 4 241 New f for Medical Base Medical 9 63 541 New f for Meclical 3 �` 82 � Dase Medical New S(ot Medical 105 7 46
Insurance 6) � Insurance 16) 89 , 3�� Insurence 29) � Insurance 39) � Insurance 52� � �� 1 362 Insurance 62) �
Base Dental ' New S�or Dental Base Dental New S for Oental Base Dental New S for Dental
Insurance 7) -- Insurance 17) Insurence 30) -- Insurance 40) -- Insurance 53) -- Insurance 63) --
Base Li(e � New S(or Life Base Life New = for Life Base Life New i(or Life
Insurance 8) . -- Insurance 18) Insurance 31) -- Insurance 41) -- - insurance 54) -- Insurance 64) -- '
Dase Shi(t � New S for ShiR Base ShiR New S for Shi(t Base ShiR New f(or Shi(t
Differential 9)' -- Differential 19) Diffe�ential 32) -- Di(ferential 42) Di(ferential 55) Di(ferential GS) --
Base Extra- , New f for Extra- Base Extra= New S(or Extra- �ase Exlra- � New S for Extra-
Curricular• 10) -- Curricular 20) Curricular• 33) -- Curricular 43) -- Curricular• 56) -- Curricular 66) --
Base De(erred New f for Deferred Base Deferred New S for Deferred Dase De(erred __ New S for De(erred __
Compensation 11) Compensation 21) Compensation 34) -- Compensation 44) -- Compensalion 57) Compensalion 67)
13ase Olher New S(or Other Base Other New S for Other Base Other New S�or Other
forms o( � Forms o( 4, 41 � Forms o( Forms ot Forms of Forms of
Compensation � z� 13 230 Compensation 22) Compensation 35) , 640 Compensation 45) -- Compensation 58) 17 , 640 Compensa�ion 68) 4� 410
Total New S Change Total New S Change Total New S Change
Gom Baseline 23) 12$ . 619 from Baseline 46) �!a � ,.sL • from 13aseline 69) 421 , 468
�o Change % Change 2� 11 % Change
from Baseline 24) • 80 % from f3aseline 47) % (rom Das�line 70) 2. 54 %
UaseYear 7 6 147 HSOTotalfirstYear 16 276 469 QaseYear 6 276 46 a TotalSecondYear Basevear 16 619 50 (�oIaITl�irdYear 17 040 968
Total Baseline 13} � � S Settlement 25) + � Total Baseline 36� > > �S Settlement 46�-6 619 50� Total Daseline 59) > > SelUement 71) > >
----�--------------------------------------------------------�-------------�—
Lump Sum Payment 26 ' Lump Sum Payment 49 Lump Sum Payment 72
•Applies lo
� education qo Increase over �o Increase over qo Increace ooer
units only. Baseline 27) �o � Baseline 50) % Baceline 73) Yo
5 �n n4 �
*Change to specific titles as result of analysis of additional duties. �
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INDEX
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ARTICLE TITLE PAGE
Principles .......................................... 1
1 Recognition ........................................ 2
2 Maintenance of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
3 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Payroll Deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5 Management Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6 Safety ............................................. 7
7 Discipline Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
8 Hours, Premium Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
9 Insurance ......................................... 11
10 Employee Rights-Grievance Procedure . . . . . . . . . . . . . . . . . . . 17
11 Seniority .......................................... 21
12 Vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
13 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
14 Jury Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
15 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
16 Wages ............................................ 31
17 Savings Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
18 Jurisdiction ........................................ 33
19 Sick Leave ........................................ 34
20 ParentalLeave ..................................... 36
21 Legal Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
22 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . 38
23 Terms of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
AppendixA ....................................... A1
AppendixB ........................................ B1
Appendix C ....................................... C1
Appendix D .......................................D1
Appendix E ....................................... E1
i
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PRINCIPLES
. This Agreement is entered into to facilitate the adjustment of grievances and
disputes between the Employer and Employees to provide, insofar as possible, for the
' continuous employment of labor and to establish necessary procedures for the amicable
adjustment of all disputes which may arise between the Employer and the Union.
The Employer and the Union encourage the highest possible degree of practical,
friendly, cooperative relationships between their respective representatives at all levels.
The officials of the Employer and the Union realize that this goal depends primarily on
cooperative attitudes between people in their respective organizations and at all levels of
responsibility, and that proper attitudes must be based on full understanding of and
regard for the respective rights and responsibilities of both the Employer and the
Employees.
There shall be no discrimination against any employee by reason of creed, sex,
disability, or Union membership.
The Employer and the Union affirm their joint opposition to any discriminatory
practices in connection with employment, promotion, or training, remembering that the
public interest remains in full utilization of employees skill and ability without regard to
consideration of national origin, age, sex or disability.
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' ARTICLE 1 - RECOG1vITION
1.1 The Employer recognizes the Union as the sole and exclusive collective
_ bargaining agency for all employees that have been certified by the State of
Minnesota, Case No. 73-PR-427-A, as follows:
' All employees of the City of Saint Paul in the classifications of
Asphalt Plant Operator, Bridge Crew Leader, Bridge Maintenance
Worker, *Driver-Operator, Driver-Operator--Water Utility, Forestry
Crew Leader, Garden Laborer, Gardener, Golf Ranger, Grounds
Crew Leader, *Groundsworker, *Groundsworker--Water Utility,
Heavy Equipment Operator, Heavy Equipment Operator--Asphalt
Plant, Heavy Equipment Operator--Water Utility, Jet Sewer Cleaner
Operator, Labor Crew Leader, Lead Gardener, Modified Duty
Worker--Laborer, Park Aide, Parks Worker, *Power Clam Operator,
*Public Works Laborer, Revolving Power Equipment Operator,
Sewer Crew Leader, *Sewer Maintenance Laborer, Sewer Services
Worker, Stores I.aborer, Street Services Worker, *Tractor Operator
I, Tractor Operator II, Tree Worker, *Unskilled Laborer, Water
Service Worker--Control Desk, Water System Worker I, Water
System Worker II, Water Utility Worker I, and Water Utility
Worker II who work more than 14 hours per week and more than
100 work days per year, excluding Supervisory, Confidential,
temporary, emergency, and employees exclusively represented by .
other labor or employee organizations.
The parties agree that any new classi�cations which are an expansion of the above
bargaining unit or which derive from the classifications set forth in tlus Agreement
shall be recognized as a part of this bargaining unit, and the parties shall take all
steps required under the Public Employment Relations Act to accomplish said
objective.
1.2 The Employer agrees not to enter into any contractually binding agreements with
any employee or representative not authorized to act on behalf of the Union.
There shall be no individual agreements with any employees that conflict with the
terms of this Agreement, and any such agreement or contract shall be null and
void.
1.3 The Employer agrees to give the Union the right to supply fifty percent (50%) of
all new qualified refenals for work as temporary employees.
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ARTICLE 2- MAINTENANCE OF STANDARDS
2.1 The parties agree that all conditions of employment relating to wages, hours of
work, overtime differentials, vacations and all other general working conditions
shall be maintained at not less than the highest minimum standard as set forth in
the Civil Service Rules of the City of Saint Paul and the Saint Paul Salary Plan
and Rates of Compensation at the time of the signing of this Agreement, and the
conditions of employment shall be improved wherever specific provisions for
improvement are made elsewhere in this Agreement.
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ARTICLE 3 - U1vION RIGHTS
3.1 The Union may designate employees from within the bargaining unit to act as
Stewards and shall inform the Employer in writing of such designations. Such
employees shall have the rights and responsibilities as designated in Article 10
(GRIEVANCE PROCEDURE). There shall be no more than one Steward from
each local involved in any one specific grievance.
3.2 There shall be no deduction of pay from Stewards when directly involved in
meetings with management during working hours for grievance procedures.
3.3 Designated Union Representatives shall be pemutted to visit employees on job
sites and at department buildings during working time. .
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ARTICLE 4 - PAYROLL DEDUCTION "
4.1 The Employer sha11, upon request of any employee in the unit, deduct such sum
as the Union may specify for the purpose of initiation fees and dues to the Union,
providing the Union uses its best efforts to assess such deductions in as nearly '
uniform and standard amounts as is possible. The Employer shall remit monthly
such deduction to the appropriate designated Union.
4.2 In accordance with M.S.A. 179.65, Subd. 2, the Employer agrees that upon
noti�cation by the Union, the Employer shall deduct a fair share fee from all
certified employees who are not members of the exclusive representative. In no
instance shall the required contribution 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.
4.3 The Union will indemnify, defend and hold the Employer harmless against any
claims made and against any suits instituted against the Employer, its officers or
employees, by reason of negligence of the Union in requesting or receiving
deductions under this Article. The Employer will indemnify, defend and hold the
Union harmless against any claims made and against any suits instituted against
the Union, its officers or employees by reason of negligence on the part of the
Employer in making or forwarding deductions under this Article.
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" ARTICLE 5 - MANAGEMENT RIGHTS
5.1 The Union 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 authority wluch the Employer has not officially
abridged, delegated, or modified by this Agreement are retained by the Employer.
5.2 A public Employer is not required to meet and negotiate on matters of inherent
managerial policy, which include but are not limited to, such areas of discretion of
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.
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ARTICLE 6 - SAFETY
6.1 Accident and injury free operations shall be the goal of all Employers and -
employees. To this end the Employer and employee will, to the best of their
ability, abide by and live up to the requirements of the several State and Federal _
Construction Safety Codes and Regulations.
6.2 To this end the Employer shall from time to time issue rules or notices to lus
employees regarding on the job safety requirements. Any employee violating such
rules or notices shall be subject to disciplinary action. No employee may be
discharged for refusing to work under unsafe conditions.
6.3 Such safety equipment as required by govemmental regulation, shall be provided
without cost to the employee. At the Employer's option, the employees may be
required to sign for safety equipment and shall be obligated to retum same upon
discharge, layoff, quit or other termination in comparable condition as when
issued, providing reasonable wear and tear. The Employer shall have the right to
withhold the cost of such safety equipment if not returned.
6.4 The Employer agrees to pay $40.00 toward the purchase of one pair of safety
shoes by an employee who is a member of this unit. The Employer shall
contribute toward the purchase of one pair of shoes per contract year and shall
not be responsible for any additional cost for that year. This reimbursement of
$40.00 shall be made only after investigation and approval by the immediate
supervisor of the employee. This contribution shall apply only to employees who
are required by the Employer to wear protective shoes or boots.
On January 1, 1996, the Employer contribution shall be increased to $50.00 per
payroll calendar year. The requirements for the Employer contribution shall
remain the same. No employee shall receive a contribution toward the purchase
of safety shoes which exceeds $90.00 during the 18 month period from May, 1995
through December of 1996.
6.5 The City shall fumish uniforms at no cost to the employees who work in the
Sewer Division of the Public Works Department.
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- ARTICLE 7 - DISCIPLINE PROCEDURES
7.1 The Employer will discipline employees for just cause only. Discipline will be in
- the form of:
a) Ora1 reprimand;
b) Written reprimand;
c) Suspension;
d) Reduction;
e) Discharge.
7.2 Suspensions, reductions and discharges will be in written form.
7.3 A notice in writing of suspensions, reductions and discharges shall be sent to the
employee and the Union within seventy-two (72) hours after such action is taken.
7.4 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 the
suspension with intent to discharge. During said five (5) working day period, the �
Employer may affirm the suspension and discharge in accordance with Civil
Service Rules or may modify, or withdraw same.
7.5 Grievance relating to this Article shall be processed in accordance with the
grievance procedure under Article 10.
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ARTICLE 8- HOURS, PREMIUM PAY
8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a
thirty (30) minute lunch period, except for employees assigned to the 4/40 shift -
where the normal work day shall be ten (10) consecutive hours per day, excluding
a thirty (30) minute lunch period.
The normal work week shall be five (5) consecutive normal work days in any
seven (7) day period except for employees assigned to the 4/40 shift where the
normal work week shall be four consecutive ten (10) hour work days in any seven
(7) day period. (For employees on a shift basis this shall be construed to mean
an average of forty hours a week.)
8.2 Except in cases of emergencies, the Employer shall notify the affected Union of
an intention to change a shift at least 24 hours prior to the beginning of the new
shift.
8.3 Employees shall report to work location as assigned by a designated Employer
supervisor. During the normal work day employees may be assigned to other
work locations at the discretion of the Employer.
8.4 Call-in-Pay. When an employee is called to work he/she shall receive two hours
pay if not put to work. If he/she is called to work and commences work, he/she
shall be guaranteed four straight time hours pay.
8.5 Overtime. Time on the payroll in excess of the normal hours set forth above shall
be "overtime work" and shall be done only by order of the head of the
department. An employee shall be recompensed for work done in excess of the
normal hours by being granted compensatory time on a time and one-half basis or
by being paid on a time and one-half basis for such overtime work. Employee
may express a written preference for the method of overtime payment, however,
the basis on which such overtime shall be paid shall be determined solely by the
� Employer. The time and one-half overtime rate shall be based on the total rate,
including any premium pay, being earned during the overtime hours worked.
8.6 A premium pay of fifty-cents ($.50) per hour shall be paid for all swing stage
work, such as work performed from a boatswain's chair or a swing scaffold or
hazardous work that requires the use of a safety belt fifty (50) feet or more above
the ground. All standard safety laws shall be complied with.
8.7 The two (2) work breaks shall not exceed fifteen (15) minutes from the time the
. employee stops working until he/she resumes work, and shall be taken in close
proximity of the employee's work station.
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- ART'�CLE 8- HOURS, PREMIUM PAY (continued)
8.8 Employees who are unable to report for their normal work day have the
. responsibility to notify their supervisor of such absence as soon as possible, but in
no event later than one-half hour before the beginning of such work day. Failure
to make such notification may be grounds for discipline.
8.9 The following will be the procedure for filling snow plowing needs:
1. Truck Drivers and Heavy Equipment Operators that are on layoff.
2. Street Service Workers who are on layoff.
3. All Truck Drivers, as well as Street Service Workers who were previously
Truck Drivers and Heavy Equipment Operators for overtime workers.
4. All other Street Service Workers for overtune.
5. Sewer Service Workers and Jet Sewer Cleaner Operators.
6. All Tri-Council members.
7. All other Public Works volunteers. �
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ARTICLE 9 - INSURANCE -
9.1 The insurance plans, premiums for coverages and benefits contained in the
insurance plans offered by the Employer shall be solely controlled by the contracts .
negotiated by the Employer and the benefit providers. The Employer will attempt
to prevent any changes in the benefits offered by the benefit providers. However,
the employees selecting the offered plans agree to accept any changes in benefits -
which a specific provider implements. IRS rules and regulations sha11 govern the
Employer provided health and welfare benefit program.
9.2 For each eligible employee covered by this Agreement who is employed full-time
and who selects employee health insurance coverage, the Employer agrees to
contribute $164.88 toward the cost of single coverage. For each full-time
employee who selects family health insurance coverage, the Employer will
contribute $315.86 per month toward the cost of such coverage. These
contribution levels shall be effective for the May, 1994 premiums.
9.3 For each eligible employee covered by this Agreement who is employed full-time
and who selects employee health insurance coverage, the Employer agrees to
contribute $172.96 toward the cost of single coverage. For each full-time
employee who selects family health insurance coverage, the Employer will
contribute $326.22 per month toward the cost of such family coverage. These
contribution levels shall be effective for the January, 1995 premiums.
9.4 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 Employer agrees to contribute $180.91 per month toward the cost of such
premium.
For each eligible full-time employee who selects family health insurance coverage,
the Employer will contribute $336.41 per month toward the cost of such family
coverage. These contribution levels shall be effective for the January, 1996
premiums.
9.5 Effective for the January, 1997 insurance premiums, 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 Employer agrees to
contribute the actual monthly cost of the 1997 single insurance premium.
For each eligible full-time employee who selects family health insurance coverage,
the Employer will contribute $336.41, plus 50% of the 1997 family insurance
premium increase, each month toward the cost of the family premium.
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� ARTICLE 9 - INSURANCE (Continued)
9.6 For the purpose of this Article, full-time employment is defined as appearing on
. the payroll at least 32 hours per week or at least 64 hours per pay period
excluding overtime hours.
- 9.7 For each eligible employee covered by this Agreement who is employed half-time
who selects employee 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 insurance coverage, the Employer will contribute fifty percent
(50%) of the amount contributed for full-time employees selecting family
coverage in the same insurance plan. For the purpose of this Article, half-time
employment is defined as appearing on the payroll at least 20 hours but less than
32 hours per week or at least 40 hours but less than 64 hours per pay period
excluding overtime hours. An employee will be considered half-time only if such
employee is assigned to a position which is regularly assigned half-time hours.
9.8 For each eligible employee the Employer agrees to contribute the cost of $15,000
of life insurance coverage.
Retiree Insurance
9.9 Employees who retire must meet the following conditions at the time of
retirement in order to be eligible for the Employer contributions, listed in
Sections 9.10 through 9.13 below, toward a health insurance plan offered by the
Employer:
9.9(1) Be receiving benefits from a public employee retirement act at the time of
retirement, and
9.9(2) Have severed his/her relationship with the C�ty of Saint Paul for reasons
other than misconduct, and
9.9(3) Have completed at least 20 years with the City of Saint Paul, and
9.9(4) Were hired prior to January 1, 1996.
Early Retirees
9.10 This Section shall apply to employees who:
9.10(1) Retire on or before December 31, 1995, and
9.10(2) Have not attained age 65 at retirement, and
9.10(3) Meet the terms set forth in Section 9.9(1) above, and
9.10(4) Have severed their relationship with the City of Saint Paul under
one of the early retiree plans, and
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ARTICLE 9 - INSURANCE (Continued)
9.10(5) Are 58 years of age and have completed 25 years of service, or the
combination of their age and years of service equals eighty-five or -
more, or have completed at least thirty (30) years of service with the
City of Saint Paul, and
9.10(6) Select a health insurance plan offered by the Employer.
Until such retirees reach sixty-five (65) years of age, the Employer agrees to make
the same contributions toward their health and life insurance as the Employer
makes for active employees under this agreement.
9.10(7) Full-time employees who were regularly appointed prior to January
_ 1, 1990, and who meet the conditions set forth in Sections 9.10(1-4)
and Section 9.10(6), but who meet none of the conditions set forth
in Section 9.10(5), shall be eligible for the following percentages of
the amount contributed by the Employer toward health insurance
for active employees in the same health plan.
Age plus Contribution Contribution
Years of Service Single Family
84 90% 90%
83 80% 80%
82 70% 70%
81 60% 60%
80 50% 50%
9.10(8) The Employer will provide for half time employees who retire
before December 31, 1995, �fty percent (50%) of the health and life
insurance contributions provided by the Employer for full time
employees who retire under Section 9.10. Such contributions shall
continue until such retirees attain the age of 65.
When retirees who leave under the provisions of Section 9.10 attain the age of 65,
the provisions of Section 9.12 shall apply.
9.11 This Section shall apply to full time employees who:
9.11(1) Retire on or after January 1, 1996, and
9.11(2) Were appointed on or before December 31, 1995, and
9.11(3) Have not attained age 65 at retirement, and
9.11(4) Meet the terms set forth in Section 9.9 above, and
9.11(5) Select a health insurance plan offered by the Employer
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" ARTICLE 9 - INSURANCE (Continued)
Until such employees reach sixty-five (65) years of age, the Employer agrees that
. for retirees selecting single coverage, the Employer will provide the same
contribution as is provided for active employees selecting single coverage under
this agreement. This amount, however, shall not exceed $350 per month.
For employees selecting family health insurance coverage, the Employer will
contribute $350 per month toward the premium for family health insurance
coverage. Any unused portion of the Employer's contribution shall not be paid to
the retiree.
When such early retiree attains age 65, the provisions of Section 9.13 will apply.
Regular Retirees (Age 65 and over)
9.12 This Section shall apply to full time employees who:
9.12(1) Retire on or before December 31, 1995, and
9.12(2) Have attained age 65 at retirement, and
9.12(3) Meet the conditions of Section 9.9 above, and
9.12(4) Select a health insurance plan offered by the Employer.
The Employer agrees to contribute 100% of the single or family premium for any
health insurance plan offered by the Employer to regular retirees and their
dependents.
This Section shall also apply to early retirees who retired under the provisions of
Section 9.10 when such early retirees attain age 65.
9.13 'Ifiis Section shall apply to full time employees who:
9.13(1) Retire on or after January 1, 1996, and
9.13(2) Were appointed on or before December 31, 1995, and
9.13(3) Have not attained age 65 at retirement, and
9.13(4) Meet the terms set forth in Section 9.9 above, and
9.13(5) Select a health insurance plan offered by the Employer
The Employer agrees to contribute a maximum of $550.00 per month toward the
premium for single or family health insurance coverage offered by the Employer
to regular retirees and their dependents. Any unused portion of the Employer's
contribution shall not be paid to the retiree.
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ARTICLE 9 - INSURANCE (Continued)
This Section shall also apply to early retirees who retired under the provisions of
Section 9.11 when such retirees attain age 65. -
9.14 A retiree's participation in the City's health insurance plan must be continuous. If
a retiree chooses not to participate at the time of his/her retirement or if a "
retiree discontinues his/her participation, such retiree will not be eligible for any
future participation or for any Employer contribution.
9.15 In the event of the death of a retiree who was hired on or after May 1, 1992 and
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 their/her own cost. Eligibility to continue to participate shall
terminate when such spouse or dependent remarries or becomes eligible for group
health insurance through any employer.
Survivor Insurance
9.16 The surviving spouse of an employee carrying family coverage at the time of
his/her death due to a job connected injury or illness which was detemuned to
have arisen out of and in the course of his/her employment under worker's
compensation law shall continue to be eligible for city contribution in the same
proportions as is provided for retired employees.
In the event of the death of an early retiree or a regular retiree, the dependents
of the retiree shall have the option, within thirty (30) days, to continue the current
hospitalization and medical benefits which said dependents previously had, at the
premium and Employer contribution accorded to the eligible deceased retiree.
It is further understood that coverage shall cease in the event of:
� 9.16(1) Subsequent remarriage of the surviving spouse of the deceased
employee or retiree.
9.16(2) The employment of the surviving spouse or dependent where health
insurance is obtained through a group program provided by said
Employer. In this event, however, the surviving spouse or
dependent shall have the right to maintain City health insurance for
the first ninety (90) days of said employment.
9.17 A retiree may not carry his/her spouse as a dependent if such spouse is also a
City retiree or City Employee and eligible for and is enrolled in the City health
insurance,program.
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ARTICLE 9 - INSURANCE (Continued)
Seasonal Layoff
9.18 Effective January 1, 1996, for full time eligible employees who have selected
health insurance offered by the Employer, and who are placed on seasonallayoff,
� the Employer shall, for up to five months of layoff, contribute $180.91 per month
toward the cost of single health insurance coverage and $336.41 per month toward
the cost of family health insurance coverage, regardless of whether or not such
employees have worked the appropriate hours within the qualifS►ing pay period.
Effective January 1, 1997, the contribution for single coverage shall be increased
to reflect the dollar amount of the single premium, and the contribution toward
family coverage shall be increased by 50% of the 1997 family premium increase.
9.19 The contributions indicated in this Article 9 shall be paid to the Employer's
Group Health and Welfare Plan.
9.20 Any cost of any premium for any City-offered Employee or family insurance
coverage in excess of the dollar amounts stated in this Article 9 shall be paid by
the Employee.
9.21 Any Employee having ten or more years of service with �he Employer who
becomes ill or injured so as to be unable to continue working and has exhausted
all his/her sick leave and vacation shall be eligible for City paid health and
welfare benefits for a maximum of three years.
9.22 The Employer will provide a system whereby the employee's contribution toward
the premiums for the employee selected health insurance coverages will be paid
on a pre-tax basis.
Employees covered by this Agreement will be eligible to participate in the
Flexible Spending Account and the Dependent Care Reunbursement Account as
offered by the Employer. The service fee chazged to participating employees in
the Flexible Spending Account shall be paid by the employee. The service fee
charged to participating employees in the Dependent Care Reimbursement
Account shall be paid by the Employer.
9.23 The provisions of this Article 9 shall not apply to employees in the titles of Golf
Ranger and Park Aide.
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ARTICLE 10 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
10.1 The Employer shall recognize stewards selected in accordance with Union rules
and regulations as the grievance representative of the bazgaining unit. The Union -
shall notify the Employer in writing of the names of the stewards and of their
successors when so named.
10.2 It is recognized and accepted by the Employer and the Union that the processing
of grievances as hereinafter provided is limited by the job duties and
responsibilities of the employees and shall therefore be accomplished during
working hours only when consistent with such employee 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 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.
10.3 The procedure established by this Article shall be the sole and exclusive
procedure for the processing of grievances, which are defined as an alleged
violation of the terms and conditions of this Agreement.
10.4 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 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 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 seven (7)
calendar days of the first occurrence of the event giving rise to the
grievance or with the use of reasonable diligence should have had
knowledge of the first occurrence of the event givi.ng rise to the
grievance, shall be considered waived.
Step 2. Within seven (7) calendar days after receiving the written grievance
a designated Employer supervisor shall meet with the Union
Steward and attempt to resolve the grievance. ff, as a result of tlus
meeting, the grievance remains unresolved, the Employer shall reply
in writing to the Union within three (3) calendar days following tlus
meeting. The Union may refer the grievance in writing to Step 3
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ARTICLE 10 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
(Continued)
' within seven (7) calendar days following receipt of the Employer's
written answer. Any grievance not referred in writing by the Union
_ within seven (7) calendar days following receipt of the Employer's
answer shall be considered waived.
Step 3. Within seven (7) calendar days following receipt of a grievance
referred from Step 2 a designated Employer supervisor shall meet
with the Union Business Manager or his designated representative
and attempt to resolve the grievance. Within seven (7) calendar
days following this meeting the Employer shall reply in writing to
the Union stating the Employer's answer concerning the grievance.
If, as a result of the written response the grievance remains
unresolved, the Union may refer the grievance to Step 4. Any
grievance not referred to in writing by the Union to Step 4 within
seven (7) calendar days following receipt of the Employer's answer
shall be considered waived.
Optional Mediation
1) If the grievance has not been satisfactorily resolved at Step 3, the
Union may, within ten (10) calendar days, request mediation. If
Management agrees that the grievance is suitable for mediation, the
parties shall submit a joint request to the Minnesota Bureau of
Mediation Services for the assignment of a mediator. Grievance
mediation shall be completed within thirty (30) calendar days of the
assignment.
2) Grievance mediation is an optional and voluntary part of the
grievance resolution process. It is a supplement to, not a substitute
for, grievance arbitration. When grievance mediation is invoked, the
contractual time limit for moving the grievance to arbitration shall
be delayed for the period of inediation.
3) The grievance mediation process shall be informal. Rules of
evidence shall not apply, and no record shall be made of the
proceeding. Both sides shall be provided ample opportunity to
present the evidence and argument to support their case. The
mediator may meet with the parties in joint session or in separate
caucuses.
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ARTICLE 10 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
(Continued)
4) At the request of both parties, the mediator may issue an oxal '
recommendation for settlement. Either party may request that the
mediator assess how an arbitrator might rule in this case. _
5) The grievant shall be present at the grievance proceeding. If the
grievance is resolved, the grievant shall sign a statement agreeing to
accept the outcome. Unless the parties agree otherwise, the
outcome shall not be precedential.
6) If the grievance is not resolved and is subsequently moved to
- arbitration, such proceeding shall be de novo. Nothing said or done
by the parties or the mediator during grievance mediation with
respect to their positions concerning resolution or offers of
settlement may be used or referred to during axbitration.
Step 4. The arbitration proceedings sha11 be conducted by an azbitrator to
be selected from a permanent panel of five (5) arbitrators.
Arbitrators shall be selected by lot within twenty (20) work days
after notice has been given. The permanent panel of arbitrators
shall be mutually agreed to by the Employer and the Union no later
than sixty (60) days after the signing of this Agreement. In the
event the Employer and the Union cannot mutually agree to five (5)
arbitrators for the permanent panel, the parties will 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 Employer striking first, until one (1) name remains.
� Vacancies occurring on the permanent panel during the life of this
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.
10.5 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 specif'ic issue submitted in writing by the Employer and the Union
and shall have no authority to make a decision on any other issue not so
submitted. The a.rbitrator shall be without power to make decisions contrary to or
inconsistent with or modifying or varying in any way the applications of laws,
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� ARTICLE 10 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
(Continued)
- rules, or regulations having the force and effect of law. The arbitrator'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 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.
10.6 The fees and expenses for the arbitrator's services and proceedings sha11 be bome
equally by the Employer and the Union, provided that each party shall be
responsible for compensating its own representatives and witnesses. 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.
10.7 The time limits in each step of this procedure may be extended by mutual
agreement of the Employer and the Union.
10.8 It is understood by the Union and the Employer that a grievance may be
determined by either the grievance procedure of this contract or by the provisions
of the Civil Service Rules of the City of Saint Paul. If an issue is determined by
this grievance procedure it shall not again be submitted for arbitration under the �
C`ivil Service Rules. If an issue is determined by the provisions of the Civil
Service Rules it shall not again be submitted for arbitration under this grievance
procedure.
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ARTICLE 11 - SENIORITY
11.1 Seniority, for the purpose of this Agreement, shall be defined as follows:
A. "City Seniority" - The length of continuous, regular and probationary
service with the Employer from the last date of employment in any and all �
class titles.
B. "Class Seniority" - The length of continuous, regular and Probationary
service with the Employer from the date an employee was first certif'ied
and appointed to a class title covered by this Agreement, it being further
understood that class seniority is confined to the cunent class assignment
held by an employee.
C. If an employee requests reverse seniority for the winter season he/she will
be placed at the bottom of the seniority list. An employee's request must
be submitted by October 15 of each year.
11.2 Seniority shall ternunate when an employee retires, resigns, or is discharged.
11.3 A. In the event it is determined by the Employer that it is necessary to reduce
the work force, employees will be laid off by class title within each division
based on inverse length of "Class Seniority." Recall from layoff shall be
inverse order of layoff, except that recall rights shall e�cpire after two years
of layoff.
B. In cases where there are promotional series, such as Unskilled Laborer,
Crew I.eader, etc., when the number of employees in these higher titles is
to be reduced, employees who have held lower titles which are in this
bargaining unit will be offered reductions to the highest of these titles to
which class seniority would keep them from being laid off, before layoffs
are made by any class title in any department.
C. It is further understood that a laid off employee shall have the right to
placement in any lower-paid class title in this bargaining unit, provided said
employee has been previously certified and appointed in said lower-paid
class title. In such cases, the employee shall first be placed on a
reinstatement register and shall have "Class Seniority" based on the date
originally certified and appointed to said class. Employees may also apply
for positions in a lower class but may, nevertheless, return to original class
as provided in paragraph (A) above.
D. The provisions of Appendix B shall apply to the classification of Truck
Driver.
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� ARTICLE 11 - SENIORITY (Continued)
11.4 To the extent possible, vacation periods shall be assigned on the basis of "Class
- Seniority", within each class, by division. It is, however, understood that vacation
assignments shall be subject to the ability of the Employer to maintain operations.
" 11.5 Promotions shall be handled in accordance with cunent Civil Service Rules and
practices. However, the Water Utility may promote and assign a member of a
rotating emergency or night crew holding the secondary title of Water Service
Worker-Control Desk to a temporary Water Service Worker-Control Desk
vacancy on his assigned crew without reference to his seniority in that title.
Regular permanent promotions will continue to be made in order of seniority in
title.
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ARTICLE 12 - VACATION °
12.1 Vacation credits shall accumulate at the rates shown below far each full hour on
the payroll, excluding overtime. This vacation schedule shall be effective Apri130, .
1994. Increases in vacation credit shall be retroactive to that date.
Years of Service Hours of Vacation -
lst year thru 4th year .0385 (10 days)
Sth year thru 9th year .0616 (16 days)
10th year thru 15th year .0731 (19 days)
16th year thru 23rd year .0885 (23 days)
24th year and thereafter .1000 (26 days)
12.2 The head of the department may pernut an employee to carry over one hundred
and twenty (120) hours of vacation into the following "vacation year". For the
purpose of this article the "vacation year" shall be the fiscal year (IItS payroll
reporting year).
12.3 The above provisions of vacation shall be subject to the Saint Paul Salary Plan
and Rates of Compensation, Section I(one), Subsection H.
12.4 If an employee has an accumulation of sick leave credits in excess of one hundred
and eighty (180) days, he/she may convert any part of such excess at the rate of
two (2) days of sick leave for one (1) day of vacation up to a ma�umum of five (5)
days of vacation.
12.5 The maximum number of days' vacation allowed by the conversion of sick leave
credits shall be no more than five days on any one year so that with the maximum
vacation time which may be taken in any one year (including carry over allowed
from previous vacation year) shall be forty-six days including the regular vacation
period.
12.6 The provisions of this Article 12 shall not apply to employees working in the titles
of Golf Ranger or Park Aide.
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" � ��- i���
� ARTICLE 13 - HOLIDAYS
13.1 The following twelve (12) days shall be designated as holidays:
New Year's Day, January 1
Martin Luther King Day, third Monday in January
- Presidents' Day, third Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, first Monday in September
Veterans' Day, November 11
Thanksgiving Day, fourth Thursday in November
Day After Thanksgiving, fourth Friday in November
Christmas Day, December 25
Two floating holidays
Eligible employees shall receive pay for each of the holidays listed above, on
which they perform no work. When New Year's Day, Independence Day,
Veterans' Day or Christmas Day falls on a Sunday, the following Monday shall be
considered the designated holiday. When any of these four (4) holidays falls on a
Saturday, the preceding Friday shall be considered the designated holiday. For
those employees assigned to a work week other than Monday through Friday, the
holiday shall be observed on the calendar date of the holiday.
13.2 The floating holidays set forth in Section 13.1 above may be taken at any time
during the fiscal year, subject to the approval of the Department Head of any
employee.
13.3 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 the purposes of this section. It is further understood
that neither temporary, emergency nor other employees not heretofore eligible
shall receive holiday pay.
13.4 The ten (10) holidays shall be considered non-work days.
13.5 If, in the judgment of the Employer, personnel are necessary for operating or
emergency reasons, employees may be scheduled or "called back" in accordance
with Article 8.4 (Call-in-Pay).
-24-
q�-i��o
ARTICLE 13 - HOLIDAYS (Continued)
13.6 If an employee entitled to a holiday is required to work on Martin Luther King
Day, President's Day, Day After Thanksgiving or Veterans' Day, he/she shall be -
granted another day off with pay in lieu thereof as soon thereafter as the
convenience of the department permits, or the employee shall be paid on a _
straight time basis for such hours worked, in addition to lus/her regular holiday
pay. If an employee entitled to a holiday is required to work on New Year's Day,
Memorial Day, Independence Day, Thanksgiving Day or Christmas Day, he/she
shall be recompensed for work done on tlus day by being granted compensatory
time on a time and one-half basis or by being paid on a time and one-half basis
for such hours worked, in addition to his/her regular holiday pay.
_ Eligibility for Holiday pay shall be determined in accordance with Section I,
Subsection I of the Saint Paul Salary Plan and Rate of Compensation.
13.7 The provisions of this Article 13 shall not apply to employees working in the titles
of Golf Ranger and Park Aide.
-25-
- ��- II��
ARTICLE 14 - JURY DUTY
14.1 Any employee who is required during his/her regular working hours to appear in
court as a juror or witness, except as a witness in the employee's own behalf
� against the Employer, shall be paid his/her regular pay while so engaged. Any
fees that the employee may receive from 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 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.
-26-
q5-i ��0
ARTICLE 15 - SEVERANCE PAY
15.1 The Employer shall provide a severance pay program as set forth in this Article. ,
15.2 To be eligible for the severance pay program, an employee must meet the
following requirements: -
15.2(1) The employee must be 58 years of age or older or must be eligible
for pension under the "rule of 90" or the "rule of 85" provisions of
the Public Employees Retirement Association (PERA). The "rule of
90" criteria shall also apply to employees covered by a public
pension plan other than PERA.
15.2(2) The employee must be voluntarily separated from G`ity 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.
15.2(3) The employee must have at least ten (10) years of consecutive
service under the classified or unclassified Civil Service at the time
of separation. For the purpose of this Article, employment in either
the City or in the Independent School District No. 625 may be used
in meeting this ten (10) year service requirement.
15.2(4) The employee must file a waiver of reemployment 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.
. 15.2(5) The employee must have accumulated a minimum of sixty (60) days
of sick leave credits at the time of his/her separation from service.
15.3 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 of $6,500.
15.4 For the purpose of this severance program, a death of an employee shall be
considered as separation of employment, and 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 will be made to the employee's estate or spouse.
-27-
- q�- � � - �c�
ARTICLE 15 - SEVERANCE PAY (Continued)
15.5 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 transferee shall not be eligible
for the City severance program.
15.6 The manner of payment of such severance pay shall be made in accordance with
the provisions of C`ity Ordinance No. 11490.
' 15.7 This severance pay program shall be subject to and governed by the provisions of
City Ordinance No. 11490 except in those cases where the speci5c provisions of
this article conflict with said ordinance and in such cases, the provisions of this
article shall control.
15.8 The provisions of this article shall be effective as of May 31, 1984.
15.9 Any employee hired prior to May 31, 1984 may, in any event, and upon meeting
the qualifications of this article or City Ordinance No. 11490, as amended by City
Ordinance No. 16303, section 1, section 6, draw severance pay. However, an
election by the employee to draw severance pay under either this article or the
ordinance shall constitute a bar to receiving severance pay from the other.
15.10 For employees appointed to a title covered by this Agreement on or after May 1,
1989, the Employer shall provide only the severance pay program as set forth in
15.11 through 15.16.
15.11 To be eligible for the severance pay program, an employee must meet the
following requirements:
15.11(1) 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.
15.11(2) The employee must file a waiver of reemployment 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.
-28-
q5- I ��� -.
ARTICLE 15 - SEVERANCE PAY (Continued) �
15.11(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.
15.12 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 C`ity.
Years of Service with the City Maximum Severance Pay
At Least 20 $ 5,000
21 6,000
22 7,000
23 8,000
24 9,000
25 10,000
15.13 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 requirement set forth above, at the time of his or her death, payment of the
severance pay shall be made to the employee's estate or spouse.
15.14 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 transferee shall not be eligible
for the City severance program.
15.15 The manner of payment of such severance pay shall be made in accordance with
the provisions of City Ordinance No. 11490.
15.16 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.
-29-
� � q5�i��o
� ARTICLE 15 - SEVERANCE PAY (Continued)
- 15.17 Notwithstanding Article 15.10, employees appointed prior to May 1, 1989 to a title
covered by this agreement who meet the qualifications as defined in articles 15.11
and 15.12 may elect to draw severance pay under the provisions of 15.12.
� However, an election by an employee to draw severance pay under article 15.12
shall constitute a bar to drawing severance pay under any other provision set forth
in this Agreement.
15.18 Employees appointed on or after May 1, 1989 to a title covered by this agreement
shall not be eligible for any severance pay provisions other than the provisions as
set forth in article 15.10 thru 15.16.
- 30 -
q5-� l��
ARTICLE 16 - WAGES
16.1 The basic hourly wage rates as established by Appendix A shall be paid for all -
hours worked by provisional, regular and probationary employees.
16.2 The basic hourly wage rates in Appendix A reflect the following increases:
Effective 04-30-94 0% increase
Effective 04-29-95 2% increase
Effective 04-27-96 2% increase
-31-
_ ��- ► i �C�
- ARTICLE 17 - SAVINGS CLAUSE
17.1 This Agreement is subject to the laws of the United States, the State of
_ Minnesota, and the City of Saint Paul. In the event any provision of this
Agreement shall hold to be contrary to law by a court of competent jurisdiction
from whose final judgment or decree no appeal has been taken within the time
� provided, such provision shall be voided. All other provisions shall continue in
full force and effect.
- 32 -
q5-i���
ARTICLE 18 - JURISDICTION
18.1 Disputes concerning work jurisdiction between and among Unions is recognized as _
an appropriate subject for determination by the various Unions representing
employees of the Employer.
18.2 In the event of a dispute concerning the performance or assignment of work, the
Unions involved and the Employer shall meet as soon as mutually possible to
resolve the dispute. Nothing in the foregoing shall restrict the right of the
Employer to accomplish the work as originally assigned pending resolution of the
dispute or to restrict the Employer's basic right to assign work.
18.3 Any employee refusing to perform work assigned by the Employer shall be subject
to disciplinary action as provided in Article 7(Disciplinary Procedures).
18.4 There shall be no work stoppage, slow down, or any disn:pi:on of work resulting
from a work assignment.
18.5 1'he subcontracting of work done by the employees covered by this Agreement
shall in all cases be made only to Employers who qualify in accordance with
Ordinance No. 14013.
- 33 -
- q�-����
' ARTICLE 19 - SICK LEAVE
_ 19.1 Sick leave shall be earned and granted in accordance with the Civil Service Rules.
The accrual rate for eligible employees shall be .0576 of a worldng hour for each
full hour on the payroll, excluding overtime. Sick leave without pay may be
- granted in accordance with the provisions of Section 20H of the Civil Service
Rules for a period up to but not to exceed three years.
19.2 In the case of a serious illness or disability of an employee's child, 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 care of such sick
or disabled persons. Such paid leave shall be drawn from the employee's
accumulated sick leave credits. Use of such sick leave shall be limited to 40 hours
per incident.
19.3 Any employee who has accumulated sick leave credits, as provided in the Civil
Service Rules, may be granted one day of sick leave to attend the funeral of the
employee's grandparent or grandchild.
19.4 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.
19.5 The head of the Department or the Human Resources Director may require a
physician's certificate or additional certificates at any time during an employee's
use of sick leave for the purposes stated in 19.2 above. All such certificates shall
be forwarded by the appointing officer to the Human Resources Office.
If an employee is absent because of the provisions of Article 19.2 above for three
or fewer calendar days he/she shall submit to the head of the Department a
certi�cate 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 until 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 and approved by the head
of the department and forwarded to the Human Resources Office.
- 34 -
��- i ��c� _
ARTICLE 19 - SICK LEAVE (Continued) �
19.6 No sick leave shall be granted for the above reasons unless the employee reports -
to his/her department head the necessity for the absence not later than one-half
hour before his/her regularly scheduled time to report for work, unless he/she
can show to the satisfaction of the department head that the failure to report was '
excusable.
19.7 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.
19.8 The provisions of this Article 19 shall not apply to employees working in the titles
of Golf Ranger or Park Aide.
- 35 -
- � qS�Il�o
� ARTICLE 20 - PARENTAL LEAVE
- 20.1 Maternity Leave. Maternity is de�ned as the physical state of pregnancy of an
employee, commencing eight (8) months before the estimated date of cluldbirth,
as determined by a physician, and ending six (6) months after the date of such
� birth. In the event of an employee's pregnancy, the employee may apply for leave
without pay at any time during the period stated above and the Employer may
approve such leave at its option, and such leave may be no longer than one (1)
year.
20.2 School Conference I.eave. An employee shall be granted up to a total of sixteen
(16) hours during a school year to attend school conferences or classroom
activities related to the employee's child, provided the conferences or classroom
activities cannot be scheduled during non-work hours. When the leave cannot be
scheduled during non-work hours and the need 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 Employer. An employee shall be allowed to use vacation or compensatory
time for this leave; otherwise, this leave shall be without pay.
-36-
�5-����
ARTICLE 21 - LEGAL SERVICES
21.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the -
Employer shall defend, save harmless and indemnify an employee, and/or lus/her
estate, against any claim or demand, whether groundless or otherwise, arising out
of an alleged act or omission in the performance and scope of the employee's �
duties.
-37-
_ qF-II��
� ARTICLE 22 - STRIKES, LOCKOUTS, WORK INTERFERENCE
. 22.1 The Unions and the Employers 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 said Unions and/or the members thereof,
' and there shall be no bannering during the existence of this Agreement without
first using all possible means of peaceful settlement of any controversy which may
arise.
-38-
`"I������
ARTICLE 23 - TERMS OF AGREEMENT
23.1 The Employer and the Union acknowledge that during the meeting and -
negotiating which resulted in this Agreement, each had the right and opportunity
` to make proposals with respect to any subject concerning the terms and conditions
of employment. The agreements and understandings reached by the parties after
the exercise of this right are fully and completely set forth in this Agreement.
Any and all prior agreements, resolutions, practices, policy or rules or regulations
regarding the terms and conditions of employment to the extent they are
inconsistent with this Agreement are hereby superseded. In those areas where
Civil Service Rules are not inconsistent with this Agreement, the Civil Service
Rules shall continue to be in effect.
23.2 Except as herein provided this Agreement shall be effective as of the date it is
executed by the parties and shall continue in full force and effect thru April 30,
1997, and thereafter until modified or amended by mutual agreement of the
parties. Either party desiring to amend or modify this Agreement shall notify the
other in writing so as to comply with the provisions of the Public Employment
Labor Relations Act of 1971.
- 39 -
- . �5-�f7C�
' ARTICLE 23 - TERMS OF AGREEMENT (Continued)
23.3 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, the City Council and is also subject to ratification by
• the Unions.
WITNESSES:
CITY OF SAINT PAUL TRI-COUNCIL �
�
BY: BY:
M 3. Kearney u' ess ep., cal 120
City Labor Negotiator
DATE
DATE: g -Z� ' �15'-' _
BY:
usiness nager, Local 132
DATE:
BY:
Business Rep., Local 132
DATE:
BY: �.,,,�d�C ��u.c�,a��
Business Rep., Local 49
DATE:
BY:
Business Manager, Loca149
DATE:
- 40 -
APPENDIX A q5 ' I I��
The hourly wage rates for provisional, regular and probationary employees working in
. the classes listed below are as shown:
GROUP A
- Effective Effective Effective
04-30-94 04-29-95 04-27-96
. *Asphalt Raker $16.06 S 16.38 � 16.71
'Asphalt Shoveler 15.66 15.97 16.29
Bridge Crew Leader 16.29 16.62 16.95
Bridge Maintenance Worker 15.66 15.97 16.29
Grounds Crew Leader 16.17 16.49 16.82
Jackhammer Operator 15.78 16.10 16.42
*Kettle Fireman 15.66 15.97 16.29
Labor Crew I.eader 16.17 16.49 16.82
Miner 16.33 16.66 16.99
Miner--Water Department 16.33 16.66 16.99
Mortar Mixer 15.73 16.04 16.36
Parks Worker 15.54 15.85 16.17
*Plasterer's Tender 18.43 18.80 19.18
*Public Works Laborer 15.54 15.85 16.17
*Sanitation Laborer 15.54 15.85 16.17
Sewer Crew Leader 16.47 16.80 17.14
*Sewer Laborer 15.83 16.15 16.47
*Sewer Maintenance Laborer 15.83 16.15 16.47
Sewer Services Worker 15.83 16.15 16.47
Stores I.aborer 15.54 15.85 16.17
Street Services Worker 15.54 15.85 16.17
*Tamper 15.88 16.20 16.52
� Tunnel Laborer 15.83 16.15 16.47
"Unskilled Laborer 15.54 15.85 16.17
*Vibrator Operator 15.66 15.97 16.29
Water Utility Worker I 15.54 15.85 16.17
Water Utility Worker II 15.73 16.04 16.36
Water System Worker I 15.83 16.15 16.47
Water System Worker II 16.58 16.91 17.25
Water Service Worker-Control Desk 16.63 16.96 17.30
lst 2nd 3rd 4th
500 500 500 500+
Hours Hours Hours Hours
Golf Ranger Eff. 04-30-94 5.51 6.05 6.56 7.10
Eff.04-29-95 5.62 6.17 6.69 7.24
Eff.04-27-96 5.73 6.29 6.82 7.38
- A1 -
APPENDIX A (Continued) _
��-(+� O lst 2nd 3rd 4th
500 500 500 500+ '
Hours Hours Hours Hours
Park Aide Ef£ 04-30-94 6.30 6.84 7.35 7.89
Eff.04-29-95 6.43 6.98 7.50 8.05
Eff.04-27-96 6.56 7.12 7.65 8.21
Eff.04-30-94 Eff.04-29-95 Eff.04-27-96 �
After After After
Start 6 mos Start 6 mos Start 6 mos
Garden Laborer 14.36 14.77 14.65 15.07 14.94 15.37
Gardener 15.23 15.54 15.53 15.85 15.84 16.17
'Groundsworker 14.65 15.05 14.94 15.35 15.24 15.66
*Groundsworker-Wtr Uty 14.65 15.05 14.94 15.35 15.24 15.66
A Street Services Worker or Water Laborer (now titled Water Utility Worker I) assigned
to perform the duties of the following abolished titles shall receive a premium as shown
below.
Abolished Title Premium
*Asphalt Raker .45 per hour
*Asphalt Shoveler .10 per hour
*Kettle Fireman .10 per hour
*Sewer Maintenance Laborer .25 per hour
"Tacman/Tamper .50 per hour
* Vibrator Operator .10 per hour
An additional $.20 per hour shall be paid for assignment to the duties of
*Tacman/Tamper. This is in lieu of any clothing allowance and shall be paid only for
the hours worked performing such duties.
GROUP B
Effective Effective Effective
04-30-94 04-29-95 04-27-96
"Air Compressor Operator $15.52 $15.83 $16.15
*Bituminous C�rb Machine Operator 15.52 15.83 16.15
*Mixer Engineer 15.52 15.83 16.15
*Roller Engineer (Under 6 tons) 15.52 15.83 16.15
*Tractor Operator I 15.52 15.83 16.15
*1'his title abolished except as to present incumbents.
- A2 -
_ APPENDIX A (Continued) � G _ I � ��
J
GROUP C
/
Effective Effective Effective
04-30-94 04-29-95 04-27-96
Asphalt Plant Operator $18.43 $18.80 � 19.18
" Backfiller Operator 18.43 18.80 19.18
Bituminous Spreader Operator 18.43 18.80 19.18
, Heavy Equip. Operator 18.43 18.80 19.18
Heavy Equip. Operator--Asphalt Plant 18.43 18.80 19.18
Heavy Equip. Operator--Water Utility 18.43 18.80 19.18
Hoisting Engineer 18.43 18.80 19.18
Jet Sewer Cleaner Operator 18.00 18.36 18.73
Motor Equip. Operator 18.43 18.80 19.18
Motor Equip. Operator-Water Utility 18.43 18.80 19.18
Motor Patrol Operator 18.43 18.80 19.18
Paving Breaker (Hydra Hammer Oper.) 18.43 18.80 19.18
*Power Clam Operator 18.43 18.80 19.18
Pulvimixer Operator 18.43 18.80 19.18
Pumperete Operator 18.53 18.90 19.28
Revolving Power Equipment Operator 18.68 . 19.05 19.43
Roller Engineer (6 tons or over) 18.43 18.80 19.18
Snow-Go Operator 18.43 18.80 19.18
Sweeper Operator 18.43 18.80 19.18
Tractor Operator II 18.43 18.80 19.18
Tractor Operator II(Backhoe) 18.43 18.80 19.18
GROUP D
Effective Effective Effective
04-30-94 04-29-95 04-27-96
*Driver-Operator $15.49 $15.85 $16.17
GROUP E
Effective Effective Effective
04-30-94 04-29-95 04-27-96
After After After
Start 6 mos Start 6 mos Start 6 mos
Forestry Crew Leader 17.23 --- 18.62 --- 18.99 ---
*Tree Trimmer I
*Tree Trimmer II
Tree Worker 16.60 --- 16.93 --- 17.27 ---
*This title abolished except as to present incumbents.
- A3 -
APPENDIX A(Continued) q F_ I�,� _
J
The 04-30-94 rates in this Appendix "A" represent a 0.0% increase over the
10 rates. `
The 04-29-95 rates in this Appendix "A" represent a 2.0% increase over the
04-30-94 rates.
The 04-27-96 rates in this Appendix "A" represent a 2.0% increase over the
04-29-95 rates. �
The City agrees that if a classification study of a crew leader title results in a proposed
increase, the City will implement such increase retroactive to 90 days following receipt by
Human Resources of the completed job profile.
Effective upon the effective date of this contract the following premium pay provisions
shall apply:
A. *Driver-Operators and Street Services Workers assigned to drive tandem trucks,
or required to drive lowboy, truck trailer, or show mobile, shall receive $.25 per
hour above their base rate for each hour or any part thereof worked in such an
assignment.
B. Employees in this bargaining unit assigned to operate a Chipping Hammer shall
receive $.25 per hour above their regular base rate for each hour or any part
thereof worked in such an assignment.
C. Employees in this bargaining unit assigned to operate a Chain Saw, except
employees working under the title of Tree Worker shall receive $.25 per hour
above their regular base rate for each hour or any part thereof worked in such an
assignment.
D. Employees in this bargaining unit assigned to perform the duties of a Tender for
a Bricklayer or Blocklayer, or brick/paving setter shall receive $.20 per hour
above their regular base rate for each hour or any part thereof worked in such an
� assignment.
E. Any "Groundsworker or Water Shed Laborer (now titled Water Utility Worker
II) assigned to operate a Chipping Maclune shall receive $.25 per hour above
their regular base rate for each hour or any part thereof worked in such an
assignment.
F. Employees in this bargaining unit required to work eight (8) feet or lower beneath
ground shall receive three percent (3%) per hour above their regular base hourly
rate for each hour or any part thereof worked in such an assignment. Tlus
provision shall not apply to employees working under the titles of Water System
Worker I or Water System Worker II.
G. Employees in this bargaining unit assigned to operate a Jackhammer, shall receive
$.25 per hour above their regular base rate for each hour or any part thereof
� worked in such an assignment.
- A4 -
_ APPENDIX A(Continued) (� 5_ I �--� O
' H. Employees in this bargaining unit assigned to operate a Mortar Mixer, shall
receive $.20 per hour above their regular base rate for each hour or any part
thereof worked in such an assignment.
� I. Tree Workers in this bargaining unit assigned to operate the large Tree Spade
shall receive $.50 per hour above their regular base rate or any part thereof
. worked in such an assignment.
J. Tree Workers in this bargaining unit assigned to operate the Stump Chipper shall
receive $.50 per hour above their regular base rate or any part thereof worked in
such as assignment.
K. Tree Workers assigned to the crew performing tree trimming duties in assisting
Northern States Power Company shall receive $.50 per hour above their regular
base rate or any part thereof worked in such as assignment.
L. Any regularly appointed *Driver-Operator assigned to operate any of the
equipment covered by the abolished class titles listed below shall receive $.03 per
hour above their regular base rate for each hour actually worked in such an
assignment.
*Air Compressor Operator *Bituminous C�irb Machine Operator
*Mixer Engineer *Roller Engineer (under 6 tons)
*Tractor Operator I
M. Employees in this bargaining unit assigned the duties of Oiler Operator shall
receive $.75 per hour above their regular base rate for each hour or any part
thereof worked in such an assignment.
N. Effective the first payroll period following final adoption of the contract: Any
Parks Worker assigned to operate a tractor with power take-off over 50 horse
power which is used for cutting grass shall receive $.45 per hour above the regular
base rate for each hour or any part over one fourth hour actually worked in such
an assignment.
- AS -
APPENDIX B n G , � � � �
`1 `J
. 1. The hourly rates for temporary Employees working in the classes listed below are
as shown:
Effective Effective Effective
• 04-30-94 04-29-95 04-27-96
Bridge Crew I.eader $15.66* $16.28* $16.95*
� Bridge Laborer 15.07* 15.69* 16.36*
Water System Worker I 15.36* 15.98* 16.65*
Jackhammer Operator 15.25* 15.87* 16.54*
Labor Crew Leader 15.65* 16.27* 16.94*
Miner 15.76* 16.38* 17.05"
Miner--Water Department 15.76* 16.38* 17.05"
Mortar Mixer 15.13 * 15.75 * 16.42*
Parks Worker 14.97* 15.59* 16.26*
Sewer Crew Leader 16.06* 16.68* 17.35"
Sewer Services Worker i5.36* 15.98* 16.65*
Stores Laborer 14.97* 15.59* 16.26*
Street Services Worker 14.97* 15.59* 16.26*
Tunnel Laborer 15.36 * 15.98 * 16.65 *
Water Utility Worker I 14.97* 15.59* 16.26*
Water Utility Worker II 15.07* 15.69* 16.36*
Water System Worker II 15.47* 16.09* 16.76*
For temporary Employees working in the titles listed in (1) above the following fringe
benefit contributions shall be made to the Minnesota Laborers' Fringe Benefit Fund:
Effective Effective Effective
04-30-94 04-29-95 04-27-96
Health and Welfare $ 2.04 $ 2.14 $ 2.24
Pension 2.10 2.10 2.10
Vacation 1.05 * * 1.05 *" 1.05 * *
Training .08 .08 .08
*This rate includes the taxable vacation contribution.
* *This contribution is taxable.
-B1-
APPENDIX B (Continued) _
��' � (��
2. The hourly wage rates for temporary Employees working the class listed below are
as shown: `
Effective Effective Effective .
04-30-94 04-29-95 04-27-96
Plasterer's Tender $18.37 * $18.99 * $19.66 * � �
For temporary Employees working in the title of Plasterer's Tenderer the following •
Fringe Benefit contributions shall be made to the Minnesota Laborers' Fringe Benefit
Fund:
Effective Effective Effective
04-30-94 04-29-95 04-27-96
Health and Welfare $ 2.04 $ 2.14 $ 2.24
Pension 2.10 2.10 2.10
Vacation 1.05 * * 1.05 * * 1.05 * *
- Training .08 .08 .08
*This rate includes the t�able vacation contribution.
* *This contribution is taxable.
3. The hourly rates for temporary Employees working in the classes listed below are
as shown:
Effective Effective Effective
04-30-94 04-29-95 04-27-96
Asphalt Plant Operator $17.73 $17.83 $18.73
Backfiller Operator. 17.73 17.83 18.73
Bituminous Spreader Operator 17.73 17.83 18.73
Forestry Crew Leader 17.23 18.62 18.99
Heavy Equip. Oper.--Asphalt Plant 17.73 17.83 18.73
Heavy Equip. Oper.--Water Utility 17.73 17.83 18.73
Hoisting Engineer 17.73 17.83 18.73
Jet Sewer Cleaner Operator 17.30 17.40 18.30
Motor Equipment Operator 17.73 17.83 18.73
Motor Equipment Oper.-Water Utility 17.73 17.83 18.73
Motor Patrol Operator 17.73 17.83 18.73
Paving Breaker (Hydra Hammer Oper.) 17.73 17.83 18.73
Power Clam Operator 17.73 17.83 18.73
Power Shovel Operator 18.12 18.22 19.12
Pulvimixer Operator 17.73 17.83 18.73
Pumperete Operator 17.73 17.83 18.73
Roller Engineer (6 tons or over) 17.73 17.83 18.73
Sno-Go Operator 17.73 17.83 18.73
Sweeper Operator 17.73 17.83 18.73
Tractor Operator II 17.73 17.83 18.73
Tractor Operator II (Backhoe) 17.73 17.83 18.73
Tree Worker 16.60 16.93 17.27
-B2-
APPENDIX B (Continued) � � _ I � � �
For temporary Employees working in the titles listed in (3) above the following fiinge
. benefits shall be made to Funds designated by ILJOE, Loca149:
Effective Effective Effective
• 04-30-94 04-29-95 04-27-96
Health and Welfare $ 2.80 $ 3.00 $ 3.00
Pension 2.45 3.00 3.00
� Training .10 .15 .15
4. The hourly wage rates for temporary employees working in classes listed below
shall be the same as the wage rates applicable to provisional, regular and
probationary employees working in said classes as shown in Appendix A:
Garden I.aborer
Gardener
Water-Shed Laborer
Water Service Worker-Control Desk
For temporary employees working in the titles listed in (4) above the following fringe
benefit contributions shall be made to the Minnesota Laborers' Fringe Benefit Fund:
Effective Effective Effective
04-30-94 04-29-95 04-27-96 �
Health and Welfare $ 2.04 $ 2.14 $ 2.24
Pension 2.10 2.10 2.10
Vacation 1.05 * * 1.05 * * 1.05 *"
Training .08 .08 .08
5. The hourly wage rates for temporary Employees working in classes listed below
shall be the same as the wage rates applicable to provisional, regular and
probationary Employees working in said classes as shown in Appendix A.
*Driver-Operator
For temporary Employees working in the titles listed in (5) above the following
fringe benefits shall be made to funds designated by IUOE, Local 49:
Effective Effective
04-29-95 04-27-96
Health and Welfare $2.55 $2.75
Pension 1.20 1.25
Apprenticeship .08 - .08
B3 -
APPENDIX B (Continued) �
`1�J"��7d
6. Regular Employees who are laid off and then called back in to work on a `
temporary basis shall receive the regular rate of pay as shown in Appendix A for
such titles worked and shall continue to earn and accrue City benefits for such
hours worked. .
7. For temporary Employees working in titles listed in this Appendix "B" whose •
length of service and eamings require that they be subject to Public Employees
Retirement Association contributions, the rate of pay shall be the rate shown in
this Appendix "B" for such title divided by 1.04.
8. If the union elects to have the fringe benefit contributions listed in this Appendix
"B" increased or decreased, the Employer may adjust the applicable rates
accordingly.
-B4-
APPENDIX C Q�. I ���
. The following are special provisions for *Driver-Operator seniority:
All *Driver-Operators hired subsequent to July 1, 1970, except the six who were
hired with the promotion rights from the Apri17, 1975 eligible list by departments
� other than Public Works, will be laid off at the end of December 1, 1978.
� Subsequent to December 1, 1978, the Public Works Department shall hire from
the layoff list all *Driver-Operators who will be needed throughout the City for
the remainder of the year.
Subsequent to December 1, 1978, all reinstatements and new appointments will be
made to the Public Works Department.
Department or division promotion rules shall not apply to the classification of
*Driver-Operator.
Any *Driver-Operator taking an examination on a promotional basis for any other
title shall be considered a promotional candidate in the department in which
he/she is working on the date of the examination regardless of the fact that such
employee appears as *Driver-Operator on the Public Works Department payroll.
In the event that such employee is transfened to another department after the _
date of the examination, such employee shall be considered a promotional
candidate in the department to which he/she is transferred.
No change in assignment shall be made prior to the date of the examination for
the purpose of changing the department in which the employee qualifies as a
promotional candidate under this article.
Employees appointed from the promotion list of the March 3, 1978, Truck Driver
examination shall have *Driver-Operator seniority in the same order as the order
in which their names appear on the promotional eligible list from which they were
appointed. This does not apply to employees appointed from this list to the
Board of Education.
-Cl-
r
APPENDIX D q�� � ���
The following are general policies regarding seniority for personnel permanently
� assigned to the Department of Public Works Street Maintenance and Sewer
Maintenance Divisions and the Department of Community Services, Parks and
Recreation Division in the classifications of Driver-Operator, Laborer, Street
Services Worker, Heavy Equipment Operator, Sewer Services Worker,
� Groundsworker, Parks Worker, Tree Trimmer II, Power Clam Operator and Tree
Worker. These general policies will be followed when making job assignments to
� qualified employees. The productivity needs of the utilizing division may be
considered when making job assignments.
A. Department of Public Works
1. Class seniority in the Driver-Operator and Laborer titles shall take
precedence over the Street Services Worker and Sewer Services Worker
titles for all work assignments. This includes Heavy Equipment Operators
who also hold the title of Driver-Operator and who are reduced to the title
of Driver-Operator.
2. Class seniority in the titles of Driver-Operator and Street Services Worker
shall be used to make temporary job assignments for Heavy Equipment
Operator positions in the Street Maintenance Division.
3. Class seniority shall be used for bidding the average seasonal
Driver-Operator job assignments of a primary nature and a minimum of
seventy-five (75) percent of the "permanent" seasonal Driver-Operator jobs
will be assigned by class seniority. Exceptions may be made in order to
assign personnel with work limitations.
4. Assignment to a shift eligible for shift differential premium pay shall be
made based on class seniority. Senior employees in the affected class shall
not be required to accept such assignment if there are employees in such
class with less class seniority.
B. Department of Community Services
1. Class seniority in the Groundsworker and Driver-Operator titles shall take
precedence over the Parks Worker title in filling Groundsworker and
Driver-Operator positions respectively. In the event of a layoff in the title
of Groundsworker or in the title of Parks Worker, for employees who are
certi�ied to the title of Groundsworker and who are then certified to the
new title of Parks Worker, their seniority in the title of Groundsworker
shall prevail.
2. Class seniority in the Tree Trimmer II and Power Clam Operator titles
shall take precedence over Tree Worker title for assignment to Tree
Trimmer II or Power Clam Operator duties respectively. In the event of a
layoff in the title of Tree Trimmer II or in the title of Tree Worker, for
- D1 -
APPENDIX D (Continued) �
`1�' ( ���
employees who are certified to the title of Tree Trimmer II and who are -
then certified to the new title of Tree Worker, their seniority in the title of
Tree Trimmer II shall prevail.
3. Assignment to a shift eligible for shift differential premium pay si�all be �
made based on class seniority. Senior employees in the affected class shall
not be required to accept such assignment if there are employees in such •
class with less seniority.
4. A. The Parks Division agrees to request a Driver-Operator from the
City-wide Driver-Operator seniority list to fill behind a Driver-
Operator absent from his/her position in the Parks Division in cases
where the City has reason to believe that the absence will be for
five (5) working days or longer.
B. Both parties agree that the Employer is not required to follow the
procedure in Item A above when the vacant position requires the
handling of the "Showmobile" or other pieces of equipment that
requires special training and/or experience.
C. The Union and Employer agree that in the event of a separation of
employment of the current Driver-Operators in the Parks Division,
the decision to refill those affected positions and the decision of the
appropriate class with which to refill the affected position
subsequent to the separation of employment shall be made solely by
the Employer.
-D2-
APPENDIX E � �.. � � �O
The following are general policies regarding the assignment of overtime.
� A. DIVISION OF PARKS AND RECREATION
1. Parks Maintenance Section
r
Overtime assignment within the Parks Department will be made within crews by
classification seniority to employees qualified to do the work. Disputes arising
� from these assignments may be appealed up to and including Step (3) of the
grievance procedure of this Agreement.
2. Forestry Section
A sign up list will be circulated prior to each weekend during the storm season.
employees that will be available for emergency call out work during that weekend
will so indicate on the sign up sheet.
Attempts will be made to call out employees in the order of their seniority,
however, conditions may prevail that prevent this in order to provide for a
response to an emergency situation. If a crew is on storm damage clean up
during normal working hours, that crew may continue after the eight hour work
day has ceased until the Supervisor dismisses the crew.
B. DEPARTMENT OF PUBLIC WORKS
Sewer Maintenance Division .
It is the policy of the Sewer Maintenance Division to assign overtime in a way
which is both fair to all employees and efficient for the administration of this
division. In order to implement this policy the following guidelines will be used
by the supervisor in charge of setting up crews to work overtime.
1. An OVER1'IME AND CALL OiTT SCHEDULE will be maintained.
Names will be listed in order of seniority. This list will be updated
periodically. When people are called from this list, they will be called by
title in order of seniority with the following exceptions:
A. A person who is out sick will not be called unless no one else is
available.
B. A person who is on vacation will not be called unless all people on
the list who worked that day are unavailable for overtime. In the
case of overtime during the weekend, those people who worked on
Friday will be called first.
C. People paid under a certain title during the workday will be called
out for overtime under that title. If enough laborers or service
workers cannot be found or if a jet operator is needed, then people
who worked a different title that day may be called.
E1 -
APPENDIX E (Continued)
`_ � " � � � �
D. If a supervisor gets a call during the workday on a job that may go `
into overtime, he/she will assign the crew that is most available at
that time to do the job.
E. If a crew is on the job and that job has to go into overtime, that �
crew will work the overtime. If this happens on a Friday and it will
be necessary to work during the weekend, that same crew will be •
called first. The only exception will be for steaming during the
weekend, in which case crews will be set up by seniority.
F. All persons on light duty will be moved to the bottom of the
Overtime and Call Out Schedule.
2. It will be up to the supervisor who checks out the complaint to determine
what equipment is needed and to call out a crew to complete the job.
3. Nothing in this policy will prevent a supervisor from deviating from this
policy when, in his/her judgment, an emergency exists or it is in the best
interest of the division to do so.
Equipment Services Division
The parties agree to use a sign-up sheet to determine who is interested in
overtime on weekend and holidays. The need for overtime drivers will be filled
by offering overtime on a seniority basis. It is also agreed that this procedure will
be used only when all drivers have worked forty hours. It is further agreed that
the employer would not break up crews that had started work earlier in the week
and needed the weekend to finish the project.
C. WATER UTILITY
The following procedures will be used to determine the selection of personnel for
. overtime work assignments. The selection of personnel will vary somewhat due to
varying circumstances. This policy shall apply to all bargaining unit titles. New
lists will be established in November of each year in order by seniority and
rotated for twelve months.
DEFINTTIONS:
Standard Overtime List: Weekly on-ca11 overtime list
Stand-by Overtime List: List used if the Employer can not get anyone from the
standard list to report.
OVERTIME LIST ELIGIBILITY:
1. There shall be a standard overtime list and a stand-by overtime list with
the night shift and day shifts having separate standard overtime lists.
-E2-
APPENDIX E (Continued) q 5 _ � , � �
.
2. A person holding more than one title shall use his/her normal working
, title for the standard overtime list and any other titles on the stand-by
overtime lists.
3. A person not volunteering for the standard overtime list with his/her
. normal working title, may be on the stand-by list.
4. If a person is off a day for sick leave, vacation, floating holiday or
` compensatory time, he/she will not be called for overtime on that day but
will be called after midnight for the next working day or if it's a Friday,
he/she will be called for Saturday, Sunday or a holiday.
5. Personnel assigned to the night shift will not be on the standard overtime
list for days but may be on the stand-by overtime list.
OVERTIME LIST SELEC'I'ION PROCEDURES -- DAY CREWS
A person does not have to be on the voluntary standard overtime list, however, if
a person is on the list they will be required to work when called (except for
emergencies). Three rejections (when your name is up) of overtime will mean
removal from the standard overtime list. That person then may go on the
stand-by overtime list.
Calling out for overtime shall be done in a cautious and courteous manner.
When calling on the phone, the caller should identify themselves and state the
reason why the call is being made. Overtime is important to all and should be
treated as such. The foreman should be called first as he has to obtain utilities.
If there is any question as to the need to work on the broken main, the �
circumstances should be discussed with the foreman before the decision is made
to call a crew. An additiona130 minutes to call the rest of the crew should be no
problem. Only the Foreman, Control Desk Worker or Engineering Aide may
actually do the call -- it should not be delegated any further. The form shall be
completely and accurately filled in and signed by the caller. Two attempts shall
be made to call each person to assure that wrong numbers, busy signals and no
answers are double-checked. It is suggested that other titles be called while giving
10 minutes between first and second attempts.
1. The standard overtime list will be used for calling out people for overtime.
If the person who is up that week cannot work, the other people shall be
called by rotating through the standard overtime list and if no one is
available then the stand-by overtime list will be used, except if calling for
WSI or Water Laborer-then the night overtime list will be used, then the
day stand-by list.
2. In the case of the Water System Works I title, if the standard and stand-by
lists have been exhausted, the WSII standard list will be used.
3. Personnel will be selected from the overtime list for emergency jobs that
come in after normal working hours (main breaks, etc.) or for planned
-E3-
APPENDIX E (Continued) � � I I .� � ,
overtime jobs where no crew has previously worked on the project during
normal working hours. '
4. If a crew cannot complete a job in normal working hours and the decision
is made to continue the job into overtime, all crew members shall be
required to work the overtime. If the job will go beyond 2 hours of a
overtime, any HEO's not on the standard overtime list shall be replaced at
4:00 p.m. If the job, including the street repair crew, will go beyond 4:00 •
p.m., the Truck Driver (if it is not his week) shall be replaced. If possible,
the Dispatcher shall switch drivers on jobs between 2:00 p.m. and 4:00 p.m.
to allow the driver who is up to be on the overtime job. If this is not
possible, the replacement driver shall begin at 4:00 p.m. with a different
truck. The daytime driver shall be released when the truck is empty (i.e. if
the truck is being �illed the driver shall be released after emptying at the
landfill and if hauling fill to the job the driver shall be released when the
fill has been dumped.) If more than one truck is needed for overtime, the
overtime list shall be followed as per the above procedures. Other
replacement workers will be pernutted only in emergencies.
If there are multiple overtime jobs on a normal working day, the truck
driver who is on his/her scheduled overtime week shall be switched to the
job anticipated to last the longest. This shall be done when the job he/she
is presently working has been completed, or at some practical point.
5. If a crew is working on a project and the decision is made that work will
have to be scheduled during overtime hours (due to shutoff complications,
etc.) the crew that is on the job at that time will also work the overtime,
except for the Truck Drivers, HEO's and any employee working
out-of-title. They will be called off the standard overtime list. If any other
members of the crew cannot work the overtime, the vacancy will be filled
from the overtime list.
6. If a job comes in late in the day (after 2:15) and will result in overtime, it
shall be at the discretion of the Superintendent or Assistant Superintendent
if #3 or #4 will apply.
7. If a job will continue into the night, such that workers on the crew will
need to work more than 16 hours in a row--which means the job will go
past midnight, the foreman should use his/her judgment as to the fatigue
of the crew and the ability of the crew to safely work longer.
8. Anyone working overtime through the night will not be allowed to work
overtime the following night.
NOTE: Management reserves the right to operate different from the above
policy when it is deemed necessary. Every effort will be made to
follow the above policy.
-E4-
M
� � q � - � i��
_ MEMORANDUM OF AGREEMENT
This Memorandum of Agreement is entered into between the City of Saint Paul and the
Tri-Council, Local 120, Local 49 and Local 132. The parties agree to the following:
The City and Tri-Council recognize that each party has specific concems in assuring that
job assignments and layoffs of a permanent nature be conducted equitably by
Management, as long as productivity and the efficiency of operations axe not adversely
affected in any way. Moreover, each Department and its respective work force have
unique ideas and concerns.
Therefore, the City and Tri-Council agree that good faith considerations of these issues
will occur in department level labor-management cooperative committees. Each
committee will set a specific time period for discussing these issues, beginning no later
than December 1, 1995. The Committees will adhere to the guidelines relating to
structure and procedure as established by the Minnesota Bureau of Mediation Services.
If no such committee currently exists in a department, one will be established for this
specific purpose.
Any joint recommendation(s) amending the labor agreement or a practice will be
submitted to the Director of Labor Relations and the Exclusive Representative for their
approval.
�
The following ground rules shall apply unless committee members agree otherwise by
consensus.
1. Union designated representatives, up to 2 per local, will include
Business Agents.
2. Will meet a minimum of every six (6) weeks for up to eight (8)
months, unless reach resolution earlier.
��-i��r�
3. For discussions of seniority, the only Union members will be
representatives of Tri-CounciL
, 4. On City time.
.
CITY OF SAINT PAUL TRI-COUN IL
BY: t" BY: �
Ma . Kearney ess ep., 120
DATE: � - 2 S—'�! � DATE:
BY: �
�:�����-^
usiness Mgr., Local 132
DATE: G�� �y� � .5��
BY:
Business Rep., Local 132
DATE:
BY: C�Q�-�--
Business Rep., Loca149
DATE: l9 9
� BY: � �
Business l�igr., Loca149
DATE: q� �'�`�S