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96-501Conncil File # `� S � r � #�� ..,' i�, � :� � �`. Green Sheet # � m Presented by Referred To 1 2 Committee Date 0 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1994 - 1996 Collective Bargaining Agreement between the City of Saint Paul and the St. Paul Professional 3 Employees Association. Requested by Departrnent of. Qffice of Labor Relations BY: �uu.�.,+w' � / Form App ove��m� ! C � $y: � Adopted by Council: Date �. �. � �� Adoption Certifizd by Council Secretary By ` _ Approved by Mayor: D te �/��'(�� G BY: / �/l, � ��",.�"v, PAUL, MINNESOTA B ppr� by ��or bnussion to Council _ .� J =DEPARTMENT/OFFTCE/COUNCIL: DATE I1VITiATED GREEN SHEET No.: 35876 �� LABOR RELATIONS April 30, 1996 �CONTACf PBRSOti & PHONE:` mmavDwTE L*71rtnUnpTE MAR.Y H. KEARNEY 266-6495 �'�SIGN T[7Mggg 1 D£PARTMENf DIlL 4 CITY COU?SCIL gpR 2 CITY ATTORNEY CITY CLERK MUST BE ON COUNCIL AGENDA BY (DAT� ROUTING gt7D(}ET DIIL FIIv. & MGT. SERVICE DII2. pgpgg 3 MAYOR (OR ASST.) TOTALStOFSIGNATliREPAGES 1 (CLIPALL7ACATIONSFORSTGIVATURE) — .,.c,� +� acrioN �vESrEn: This resolution approves the attached 7anuary 1, 1994 - Dece�� 1, 199 Agreement between the City of Saint Paul and the Professional Employees Association. 0 7 Jgy�. ��ri F �; � �,i �?r �d£; RECOMMENDATIONS: Approve (A) or Reject (R) pERSONAI. SERVICE CONTRACTS MUST ANSWER THE FOLLOWING Qi3ESTIONS: PLANNING COMMISSION _CIVIL SERVICE COMMISSION 1. Has this person/fim� ever worked under a comract for this depaztmeM? _CIBCOMMI"R'EE Yes No STAfF 2. Has ittis person�firtn ever been a city emp]oyce? _DISTRICT COURT Yes No SUPPORTS WHICH COl1NCIL OBJECTIVE? 3. Does lltis person/fvm possess a skill not aom�ally possessed by any cuaent city employee? Yes No Esplam all yes answers on sepsrate sheet and a[tach fo green sheet INITIATIIVG PROBLEM, ISSUE, OPPORTUNITY (Whq What, When, Where, Why): See Attached. anv.�rnces iF ArrxovEn: An Agreement in place through December 31, 1996. DISADVANTAGESIFAPPROVED: NORe. g � y ,.�� Li�r�e�,Q'e�� @ ;^s..d4'c2�� i�� Fv�� nisauv,uvrncES iF Nor arrxovsn: No settiement reached and possibie strike. TOTAL AMOtinT OF TRANSACTION: 1994 - 55,400 1995 - 553,398 COSTlREVENUS BUDGETED: 1996 - $91,063 FUNDING SOtiRCE: ACTSVITY NUMBLR: FINANCIAL INFORNLATION: (EXYLAIN} t,, �- o �,, o d .. :s � � � '� o 0 � � � r � � c =t�1 d N � � � >a B — � 5 m _ i: ` � .n � +n � � �o .o Z C\� C � y O C � � 3 � 3 - �� a�� ` P ^ < '' = y _ � U �' N N V � A «o .n� „�3 .�s� > - v L w� m a �' e 0 ZE Z�2 Zv Z� V ` � � = � � C � �`� a � � 1 � o � �M N u '^ � c 2 L d � D u m d � O O • 4 iL � d � 3 ' J 9 �L yC� . 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V F� N � � � C N � m s o f .e n m I(i N N . �; s � � u rs $� � W H Q d V w� �� x€e o' V aU o� V � � � i �� i N � o _'� y n � n C V ' F � � � c L �jE F� i � $�' � � y ' [' rh r � O � 5 �; � i c. � N I � I M I } �, O ,' „�°� � 2° 1 � � u ^ P P d P P C 0 P < � d L C C V y � Y N� W O� O ` M C �� L C 3� �- �e � c i� -� ° E �wu ru ..,5' � �' Zn V - v�i= �� 3 ` �£ �£E e£ A m v 2� Z V Z V 2� V F� �Ys I � � -� m � � n n n y ,q O d c _ � q N v� L � � � w N� W V O g O O y � m � „= E m� m0 mU m� m �i V cF� � c N � s`� M � 7.� ry N N N } C ' N W � L C u W o�s =»_ _= S� ��" �" C w� ` �' �' Z m' � 3�E � E E mF� zu z3 z„�.0 ro � v ' M �'� N y n � � m w T � � � m g T° E � N n a � �O s M � >m m ' �F � � � -� � .o .n m_.,-m V � � d V y V� V � G q � q J A y � � � w ^ � w � m=� m= m E o O t� , 1 o = � � o 0 � A �� t� n W�ggo„a ,�e5 "'o �Eo m V m V O� V , q�—so� { w � � c � S ie m A a � p � . C p � d d c E = „ H a� � � � X � n � N N � ^ u °� e E = � N �R 0 � � ' � G i: I �s_« ' oe 6 V �n� � a u � v °IG-sot ATTACI-IMENT TO GREEN SHEET 19941996 PROFESSIONAL EMPLOYEES ASSOCIATION Below represents the changes for the 1994-1996 tentative agreement between the City of Saint Paul and the Professional Employees Association. 1. DURATION This contract will be effective January 1, 1994 through December 31, 1996. 2. WAGES Effective 01-01-94: No wage increase. Effective 12-24-94: 2.0% base wage increase. Effective 12-23-95: 2.0% base wage increase. 3. GRIEVANCE PROCEDURE The parties agree to agree to add voluntary grievance mediation between steps 3 and 4. 4. ACTIVE HEALTH INSURANCE Effective the City contribution will increase by $46.03Jmonth. 5. RETIREE HEALTH INSURANCE For Employees appointed prior to 1-1-90 Early Retiree Insurance The City will contribute up to $350/month towards the cost of single or family healthinsurance. Regular Retiree Insurance The City will contribute up to $500/month towards the cost of single or family health insurance. For Employees appointed on or after 1-1-90 Early Retiree Insurance The City will contribute up to $300/month towards the cost of single or family health insurance. Regular Retiree Insurance The City will contribute up to $300lmonth towards the cost of single or family health insurance. 6. VACATION Effective 1-1-45 employees with eight (8) years service through fifteen (1 S) years service shall accrue two (2) additional days vacation, and employees with twenty (20) years of service shall accrue one (1) additional day ofvacation. 7. MII.EAGE Effective 1-1-94 the mileage shall be adjusted by $.OS/mile and parking by $1.00 per day. ° t� - S�t 8. SAFETY FOOTWARE Effective 1994 the amount shall be increased by $10.04 per yeaz. �`-so� ARTICLE 24 - DURATION AND EFFECTIVE DATE 24.1 Except as herein provided, this Agreement shall be effective as of January 1, 1994, and shall continue in full force and effect through December 31, 1996, 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. 24.2 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 Association. WITNESSES: CITY OF SAINT PAUL � Mary . Kearney Labor Relations Director DATED: �l ?, 1996 CITY OF SAINT PAUL PROFESSIONAL EMPLOYEES ASSOCIATION, INC. </1, � . �. �. I .i • - �- r 38 q�-so� ARTICLE 24 - DURATION AND EFFECTIVE DATE 24.1 24.2 Except as herein provided, this Agreement shall be effective as of January 1, 1994, and shall continue in full force and effect through December 31, 1996, and thereafter until modified or amended by mutual agreement of the parties. Either parry 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. 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 aiso subject to ratification by the Association. WITNESSES: CITY OF SAINT PAUL 1/�ta ' �'' Mary . arney Labor Relations Director DATED: � � 1996 CITY OF SAINT PAUL PROFESSIONAL EMPLOYEES ASSOCIATION, INC. /"/, � � �:. _ �`, _ �, . ,.! : �l6-Sol 1994 - 1996 COLLECTIVE BARGAI1vING AGREEMENT BETWEEN THE CITY OF SAINT PAUL :li�i7 THE CITY OF SAINT PAUL PROFESSIONAL EMPLOYEES ASSOCIATION, INC. � `-So� INDEX ARTICLE TITLE PAGE Preamble .......................................ii 1 Recognition ..................................... 1 2 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Management Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Maintenance of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Check Off and Service Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6 Hours of Work and Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7 Seniority ....................................... 9 8 Working Out of Classification . . . . . . . . . . . . . . . . . . . . . . . . . 11 9 Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 10 Legal Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 11 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 12 Wages ........................................ 18 13 Saving Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 14 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 15 Vacation ...................................... 27 16 Holidays ...................................... 28 17 City Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 18 Nondiscrimination ............................. ... 31 19 Parental Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 20 No Strike, No Lockout . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 21 Sick I.eave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 22 Voluntary Unpaid I.eave of Absence . . . . . . . . . . . . . . . . . . . . . 36 23 Safety Footwear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 24 Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Appendix A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . AI i a�-Sol PREAMBLE This Agreement is entered into between the City of Saint Paul, hereinafrer refened to as either the "Employer" or the "City", and the City of Saint Paul Professional Employees Association, Inc., hereinafter referred to as the "Association", for the purpose of fostering and promoting harmonious relations between the City and the Association in order that a high level of public service can be provided to the citizens of the City. This Agreement attempts to accomplish this puzpose by providing a fuller and more complete understanding on the part of both the City and the Association of their respective rights and responsibilities. The provisions of this Agreement shall not abrogate the rights and(or duties of the Employer, the Association or the employees as established under the provisions of the Public Employee Labor Kelations Act of 1971, as amended. ii q�-sot ARTICLE 1 - RECOGrTITION l.l The Citg reco�nizes the Association as the exclusive representative for The Classified Professional Employees Bargaining Unit, as certified by the State of Minnesota Bureau of Mediation Services, dated November 5, 1985, Case No. 85-PR-775-A. Employees shall be included in this certification in accordance with the Mianesota Public Employee Labor Relations Act of 1984, as amended. 1 aG-S�1 ARTICLE 2 - SEVERANCE PAY 2.1 The Employer shall provide a severance pay program as set forth in this Article. 2.2 To be eligible for the severance pay program, an employee must meet the following requirements: 2.2(i) The employee must be voluntarily separated from City employment or have been subject to separation by lay-off or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency or any other disciplinary reason are not eligible for the City severance pay program. 2.2(2) 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. 2.2(3) The employee must file a waiver of re-employment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all ciaims to reinstatement or re-employment (of any type), with the City or with Independent School District No. 625. 2.2(4) The employee must have accumulated a minimum of eighty (80) days of sick leave credits at the time of his/her separation from service. �� q��l ARTICLE 2 - SEVERANCE PAY (Continued) 2.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he/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 200 accrued sick leave days. 2.4 The maximum amount of money that any employee may obtain through this severance pay program is $7,OOQ. 2.5 For the purpose of this severance program, the 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 hislher death), payment of the severance pay shall be made to the employee's spouse or estate. 2.6 For the purpose of this severance program, a transfer of employment from 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. 2.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 16303. 3 �16-5°\ ARTICLE 3 - MANAGEMENT RIGHTS 3.1 The Association 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 which the Employer has not officially abridged, delegated or modified by this Agreement are retained by the Empioyer. 3.2 A public employer is not required to meet and negotiate on matters of inherent manageriai policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the Employer, its overall budget, utilization of technology, organizational structure and selection and direction and number of personnel. 4 °I�-So1 ARTICLE 4- MAIlVTENANCE OF STANDARDS 4.1 The parties agree that all conditions of employment relating to wages, hours of work, vacations and all other general working conditions, except as modified by this agreement, shail be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the Ciry of Saint Pau] (Resolution I�3o. 3250) 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. 5 9c.—So� ARTICLE 5- CHECK OFF AND SERVICE FEE 5.1 The Employer agrees to deduct the Association membership initiation fee assessments and, once each month, dues from the pay of those employees who individually request, in writing, that such deductions be made. The amounts to be deducted sha11 be cenified to the Employer by a representative of the Association and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 5.2 Any present or future employee who is not an Association member shal] be required to contribute a fair share fee for services rendered by the Association. Upon notification by the Association, the Employer shall deduct said fee from the earnings of the employee and transmit the same to the Association. In no event shall the fair share fee exceed 85% of the regular membership dues. It is also understood that in the event the Employer shall make an improper fair share deduction from the earnings of an emp]oyee, the Association shall be obligated to make the Employer whole to the extent that the Employer shall be required to reimburse such employee for any amount improperly withheld. This provision shall remain operative only so long as specifically provided by Minnesota law and as otherwise legal. 5.3 The Association agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Employer as a resuit of any action taken or not taken by the Employer under the provisions of this Article. G'. q`-sd� ARTICLE 6- HOURS OF WORK AND OVERTIlVIE 6.1 The normal hours of work for the employees shal] be a minimum of seven and three-fourths (7 3/4) hours in any twenty-four (24) hour period and thirty-eight and three-fourths (38 3l4) hours in a seven (7) day period. For employees on a shift basis this shall be construed to mean a minimum average of thirty-eight and three-fourths (38 3/4) hours a week. 6.2 An employee working in a class tifle which is in Salary Grade 11 or below shall receive overtime compensation in accordance with the Fair Labor Standards Act (FLSA). The method of this compensation shall be determined solely by the Employer. An employee working in a class title which is in Grade 12 or above and who, in other than normai circumstances, work more than their assigned normal work day or assigned norma] work week shall receive compensatory time or pay on a straight time basis for the extra hours worked. The method of compensation shall be determined solely by the Employer. 6.3 It is understood by the parties that Section 28H - Overtime Compensation of Resolution No. 3250 shall not apply to this unit. i7 ° 1�-So1 ARTICLE 6- HOURS OF WORK AND OVERTIlVIE (Continued) 6.4 Notwithstanding Article 6.1, employees may, through mutual agreement with the Employer, be assigned to a normal work day of up to nine and three-quarters (9 3/4) consecutive hours in a twenty-four (24) hour period and a normal work week of thirty-nine (39) hours in a seven (7) day period. Eznployees working more than their assigned hours sha11 receive compensation in accordance with Article 6.2, above. 6.5 For employees who wish to share a position, the employer will attempt to provide options for implementing a sharing arrangement. Such an arrangement must be mutually agreed upon by the Employer and the employees involved. Vacation, holiday and sick leave benefits for eznployees who share a position shall be pro-rated based upon the percent of hours worked. Health insurance benefits shall be administered in accordance with the provasions of Article 14 of this Agreement. In the event that one of the employees participating in the shared position is terminated or terminates employment, the Employer shall post the job sharing vacancy for a period of ten (10) days. If, at the end of ten (10) days, such vacancy cannot be filled, the Employer shall have the option of increasing the remaining employee's wark hours. 6.6 Article 6.5 shall not be subject to the provisions of Articie ll of this Agreement. 0 ° ARTICLE 7 - SEIVIORITY 7.1 Seniority, for the purpose of this Agreement, shall be defined as follows: The length of continuous, regular and probationary service with the Employer from the date an empioyee was first certified and appointed to a class title covered by this Agreement, it being further understood that seniority is co�ned to ihe cunent class assignment held by an employee. In cases where two or more employees are appointed to the same class title on the same date, the seniority shall be determined by the employee's rank on the eligible list from which certification was made. 7.2 Seniority sha11 terminate when an employee retires, resigns or is discharged. 7.3 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 Department based on inverse length of seniority as defined in Article 7.1 above. The Human Resources Department will identify such least senior employee in the title in which there is to be a lay-off in the Department reducing positions, and shall notify said employee of his/her reduction from the Department. If there are any vacancies in that title in any other City Department, the Human Resources Department shall place the affected employee in such vacancy. If two or more vacant positions are available, the Human Resources Department shall decide which vacant position the affected employee shall fill. If no vacancy exists in such tatle, then the least senior employee in the City in such title shall be identified, and if the employee affected by the original Departmental reduction is more senior, helshe shall have the right to claim that position and the least senior 0 � � -So� ARTICLE 7 - SElvIORITY (Continued) employee in the City, in that title, shall be laid off. For the purpose of this Article, the Board of Fducation is not considered a City Department nor is a Board of Education employee considered a City employee. 7.4 In cases where there are promotional series, such as Engineer I, II, III, etc., when the number of employees in the higher titles is to be reduced, employees who have held lower titles will be offered reductions to the highest title to which ciass seniority would keep them from being laid off, before layoffs are made by any class title in any Department. 7.5 Recali from ]ayoff shall be in inverse order of layoff, except that recall rights shall expire after two years of layoff. It is understood that such employees will pick up their former seniority date in any class that they previously held. 7.6 To the extent possible, vacation period shall be assigned on the basis of seniority. It is however, understood that vacation assignment shall be subject to the ability of the Employer to maintain operations. 10 q�-so� ARTICLE 8- WORKING OUT OF CLASSIFICATION 8.1 Employer shall avoid, whenever possible, working an employee in an out-of-class assi�nment for a prolonged period of time. Any employee working an out-of-class assi�nment for a period in excess of fifteen (1�) consecutive working days shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16th) day of such assignment. For purposes of this Article, an out-of-class assignment is defined as an assignment of an employee to perform, on a full time basis, all of the significant duties and responsibilities of a position different from che employee's regular position, and which is in a classification higher than the classification held by such employee. The rate of pay for an approved out-of-class assignment shall be the same rate the employee would receive if such employee received a regular appointment to the higher classification. il °l�-5�1 ARTICLE 9 — DISCIPLINE 9.1 The employer will discipline employees for just cause only. Discipline wil] be in the form of: 9.1(1) 9.1(2) 9.1(3) 9.1(4) 9.1(5) 9.2 ��c3 � � ., Oral Reprimand Written Reprimand Suspension Reduction Discharge The listing above of 9.1(1) through 9.1(5) does not indicate that such forms of discipline must be progressive and in such order for any one employee. Suspensions, reductions and discharges will be in written form. Employees and the Association will receive copies of written reprimands and notices of suspension, reduction and discharge. Employees shall have the right to examine all information in their personnel files. Files may be examined at reasonable times under supervision of the Employer. Discharges will be preceded by a five (5) working day preliminary suspension without pay. During said period, the employee and/or Association 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, modify or withdraw the suspension and discharge. An employee to be c�uestioned concerning an investigation of disciplinary action shall have the right to request that an Association representative be present. 12 �I �-So t ARTICLE 10 - LEGAL SERVICES 10.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the Employer shall defend, save harm]ess and indemnify an employee andlor hislher estate, a�ainst any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance and scope of the employee's duties. 10.2 Notwithstanding Article 10.1, the Employer shall not be responsible for paying any legal service fee or for providing any legal service arising from any legal action where the employee is the Plaintiff. 13 � 6 -So\ ARTICLE 11 - GRIEVAI�TCE PROCEDURE 11.1 The Employer shall recognize stewards selected in accordance with the Association rules and regulations as the grievance representative of the bargaining unit. The Association shall notify the Employer, in writing, of the names of the stewards and of their successors, when so named. 11.2 It is recognized and accepted by the Employer and the Association 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 detrimentai to the work programs of the Employer. 11.3 For the purposes of this Article 11, a grievance is defined as an alleged violation of the terms and conditions of this Agreement. The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances arising from this Agreement or arising from terms and conditions of employment in the City of Saint Paul Civil Service Rules and Salary Plan and Rates of Compensation. 11.4 A grievance shall be resolved in conformance with the following procedures: Step 1. Upon the occurrence of an aileged violation of this Agreement, the employee involved shall attempt, with or without the steward, 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, the Association may refer tt�e grievance to Step 2 hy sending a written grievance to the Employer designated representative and a copy to the Office of Labor Relations. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the specific sections of the Agreement alleged to be violated and the relief requested. The Association sha11 refer the grievance to Step 2 within fourteen (14) work days of an alleged violation giving rise to such grievance, or the grievance shali be considered waived. Step 2. The Employer designated representative shall, within seven (7) work days following receipt of the grievance, meet with the Association steward and attempt to resolve the grievance. The Association may refer 14 � �-So t ARTICLE 11 - GRIEVANCE PROCEDURE (Continued) the grievance to the Office of Labor Relations for Step 3 under the following conditions: a) Seven (7) work days have passed since the Employer received tY�e written grievance and no meeting has occurred; or h) Seven (7) work days have passed since the meeting and the Employer has not responded; or c) the Employer has responded and the issue remains unresolved. Any grievance not refened to Step 3 within fourteen (14) work days of the existence of any of the above three conditions shall be considered waived. Step 3. A representative from the Office of Labor Relations shall, wiChin seven (7) work days following receipt of a Step 3 grievance, meet with the Association's representative and the grlevant and shall attempt to resolve the issue. The Association may request arbitration of the grievance Step 4 if any of the above conditions (a, b or c) exist following the referral of the grievance to Step 3. If within fourteen (14) work days of the occurrence of the above listed conditions (a, b or c), the Associatfon has failed to give written notice to the Office of Labor Relations of the Association's intent to refer the grievance to Step 4, the grievance shall be considered waived. �i � ► � . �� •� If the grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendar days, request mediation. If the parties agree that the grievance is suitable for mediation, the parties sha11 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) days of the assignment unless the parties mutually agree to lengthen the time limiC. 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 contractuai time limit for moving the grievance to arbitration shall be delayed for the period of inediation. 15 q � -sfl \ ARTICLE 11 - GRIEVANCE PROCEDURE (Continued) 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 ampie 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. At the request of both parties, the mediator may issue an oral recommendation for settlement. Either party may request that the mediator assess how an arbitrator might rule in this case. The grievant shali be present at the grievance mediation 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 arbitration Step 4. If the grievance remains unresolved at Step 3, the parties may arbitrate the grievance. The arbitration proceedings shall be conducted by an arbitrator who will be selected from a permanent panel of five (5) arbitrators within twenty (20) work days after notice has been given. This permanent panel of arbitrators shall be mutually agreed to by the Employer and the Association no later than the date this Agreement is signed by the Employer and the Association. In the event the Employer and the Association cannot mutually agree to five (5) arbitrators for the permanent panel, the parties will petition tt�e 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 occuning on the permanent panel during the life of this Agreement shall be filled by mumal 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 16 9C-so� ARTICLE 11 - GRIEVANCE PROCEDURE (Continued) of this Agreement unless both parties mutually agree to extend such provisions. At any time prior to the opening of an arbitration hearing, the parties may mutually agree to utilize the assistance of the Bureau of Mediation Services to attempt to mediate a resolution of the dispute. 11.5 The time limits established in each step of the procedure may be extended by mutual agreement of the Employer and the Association. 11.6 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Association and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following c]ose of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of tt�is Agreement and to the facts of the grievance presented. The decision of the arbitrator shail be final and binding on the Employer, the Association and the employees. 11.7 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Association, 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 recard to be made, providing it pays for the record. 17 qG� S�l ARTICLE 12 - WAGES 12.1 Effective December 25, 1993, all salary rates applicable to titles in this bargaining unit shall be increased by zero percent (0%). 12.2 Effective December 24, 1994, all salary rates applicable to titles in this bargaining unit shall be increased two percent (2.0%). 12.3 Effective December 23, 1995, all salary rates applicable to titles in this bargaining unit shall be increased two percent (2.0%). 12.4 The wage schedule, for purposes of this contract, shall be Appendix "A", attached hereto. Both parties agree that the inclusion of the classifications and salary ranges in Appendix "A" does not preclude the Employer from the following: 1. Reorganizing 2. Abolishing 3. Establishing new classifications 4. Regrading classifications 5. Reclassifying positions 12.5 Aetroactive wage adjustments shall only apply to employees who were employed by the City as of the date of signing this Agreement with the exception of employees who have been laid off or retired from the City. This excegtion shall apply to this Agreement. ��:j q�-so1 ARTICLE 13 - SAVIl�iG CLAUSE 13.1 This Agreement is subject to the laws of the United States and the State of Minnesota. In the event any provisions of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose finai judgment or decree no appeal has been taken withan the time provided, such provisions shall be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. 19 qG—so� ARTICLE 14 - INSURANCE 14.1 The insurance pians, premiums for coverages and benefits contained in the insurance plans offered by the Employer shall be solely conuoiled 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 provlders. However, the employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. The Employer's Cafeteria Plan Docuznent and IRS rules and regulations shall govern the Employer provided health and welfare benefit program. Employer conuibutions under this Article shall not be considered salary. 14.2 For the purpose of this Article, Fuil-Time employment is defined as appearing on the payroll an average of at least thirty-two (32) hours per week for the twelve (12) month period preceding the annual open enrollment or special enrollments or the six (6) month period preceding initial enrollment. Three-Quarter Time employment is defined as appearing on the payroll an average of at least twenty-six (26) hours per week but less than thirty-two (32) hours per week for the twelve (12) month period preceding the annua] open enrollment or special enrollments or the six (6) month period preceding initial enrollment. Half-Time employment is defined as appearing on the payroll an average of at least twenty (20) hours per week but less than twenty-six (26) hours per week for the twelve (12) month period pzeceding the annual open enrollment or special enrollments or the six (6) month period preceding initial enrollment. 14.3 Effective 7anuary l, 1995, the Employer agrees to contribute for Full-Time employees $300.00 per month toward the cost of the employee selected insurance coverages under the "Cafeteria Plan". For Three-Quarter time employees, the Employer's contribution shall be $225.00 per month. For Half-Time employees, the Employer's conuibution shall be $150.00 per month. The maximum pre-tax dollar for life insurance shall be limited to the IRS qualification. 14.4 Notwithstanding Article 14.3, an employee covered by this Agreement who was employed at Jeast twenty (20) hours but less than thirty-two (32) hours per week during the month of December, 1988, shall receive the same contributions as a full-time employee. This Article 14.4 shall continue to apply only as long as such employee remains continuously employed at least twenry (20) hours but less than thirCy-two (32) hours per week. [►�] q6- S� � ARTICLE 14 - INSURANCE (Continued) 14.5 Under the "Cafeteria Plan" all eligible employees, regardiess of the number of average hours worked, must select at least single coverage hospital-medical insurance and employee life insurance in an amount equal to the employee's annual salary to the nearest thousand dollars. Any unused portion of the Employer's contribution, for which an employee is eligible, is defined as unused benefit dollars, not salary, and shail be paid to the employee as taxable income. Such payment wiil be made during the month of December for the insurance year. For employees who terminate their employment with the City of Saint Paul, such payment shall be made within ninety (40) days following termination. 14.6 For employees who become disabled and are eligible for a disability pension from a retirement fund to which the City of Saint Paul has contributed, the Employer shall contribute toward the hospital-medical insurance program offered by the Employer in accordance with the retiree insurance provisions of this Agreement. 14.7 Employees who retire must meet the foilowing conditions at the time of retirement in order to be eligible for the Employer contributions, listed in Sections 14.8 through 14.18 below, toward a health insurance plan offered by the Employer: 14J(1) 14.7(2) Be receiving benefits from a Public Employee Retirement Act at the time of retirement, and Have severed his/her relationship with the City of Saint Paul for reasons other than misconduct. 14.8 The definition of Full-Time, Three-Quarter Time, and Half-Time shall be as per Section 14.2. Early Retirees 14.9 This Section applies to employees who: 149(I) 149(2) 149(3) 14.9(4) 149(5) 149(6) Retire on or after 7anuary 1, 1996, and Have completed twenty (20) years Full-Time with the City of Saint Paul, and Were appointed prior to January 1,1990, and Aave not attained age sixry-five (65) at retirement, and Meet the terms set forth in Section 14.7 above, and Select a health insurance pian offered by the Employer. 21 °14-sol ARTICLE 14 - INSURANCE (Continued) Until such employees reach sixry-five (65) years of age, the Employer agrees to contribute a maximum of $350.00 per month toward the cost of single or family health insurance coverage. Any unused portion shall not be paid to the retiree. In addition, the Employer will contribute the cost for $5,000 life insurance coverage until the retiree attains the age of sixty-five (65). When such eariy retiree attains age sixty-five (65), the provisions of Section 14.11 shall apply. 14.10 This Section shall apply to employees who: 14.10(1) 14.10(2) 14.10(3) 14.10(4) 14.10(5) Retire on or after January 1, 1996, and have completed twenry-five (25) years full-time with the City of Saint Paul, and Were appointed on or after January i, 1990, and Have not attained age sixty-five (65) at retiremenc, and Meet the conditions of Section 14.7 above, and Select a health insurance plan offered by the Employer. Until such employees reach sixty-five (65) years of age, the Employer agrees to contribute a maximum of $300.00 per month toward the cost of single or family health insurance coverage. Any unused portion shall not be paid to the retiree. In addition, the Employer will contribute the cost for $5,000 life insurance until the retiree attains the age of sixry-five (65). When such eariy retiree attains age sixty-five (65), the provisions of Section 14.14 shall apply. Regular Retirees (Age 65 and over) 14.11 This Section shall apply to Full-Time employees who: 14.11(1) Retire on or after January 1, 1996, and 14.11(2) Were appointed prior to January 1, 1990, and 14.11(3) Have completed twenty (20) years Full-Time with the City of Saint Paul, and 14.11(4) Have attained age sixty-five (65) at retirement, and 14.11(5) Meet the conditions of Section 14.7 above, and 14.11(b) Select a health insurance plan offered by the Employer. 22 aG-SQ� ARTICLE 14 - INSURANCE (Continued) The Employer agrees to contribute up to a maximum of $500.00 per month toward the cost of single or family health insurance coverage. Any unused portion shall not be paid to the retiree. No life insurance coverage will be provided. 14.12 This Section shall apply to Three-Quarter Tune employees who: 14.12(1) 14.12(2) 14.12(3) 14.12(4) 14.12(5) 14.12(6) Retire on or after January 1, 1996, and Were appointed prior to January 1, 1990, and Have completed twenty (20) years with City of Saint Paul and must have been eligible for benefits and enrolled in the City's medical plan for the five (5) years prior to retirement, and Have attained age sixty-five (65) at retirement, and Meet the conditions of Section 14.7 above, and Select a health insurance plan offered by the Employer. The Employer agrees to contribute up to a maximum of $375.00 per month toward the cost of single or family health insurance coverage. Any unused portion shall not be paid to the retiree. No life insurance coverage will be provided. 14.13 This Section shali apply to Half-Time employees who: 14.13(1) Retire on or after January 1, 1996, and 14.13(2) Were appointed prior to January 1, 1990, and 14.13(3) Have completed twenty (20) years with City of Saint Paul and must have been eligible for benefits and enrolled in the City's medical plan for the five (5) years prior to retirement, and 14.13(4) Have attained age sixty-five (65) at retirement, and 14.13(5) Meet the conditions of Section 14.7 above, and 14.13(6) 5elect a health insurance plan offered by the Employer. The Employer agrees to contribute up to a maximum of $250.00 per month toward the cost of single or family health insurance coverage. Any unused portion shail not be paid to the retiree. No life insurance coverage will be provided. 14.14 This Section shall apply to Full-Time employees who: 14.14(1) Retire on or after 7anuary 1, 1996, and 14.14(2) Were appointed on or after January 1, 1990, and 14.14(3) Have compieted twenty (20) years Full-Time with the City of Saint Paul, and 23 9 4-s ot ARTICLE 14 - INSURANCE (Continued) 14.14(4) Have attained age sixty-five (65) at retirement, and 14.14(5) Meet the conditions of Section 14.7 above, and 14.14(6) Select a health insurance plan offered by the Employer. The Employer agrees to contribute up to a maximum of $300.00 per month toward the cost of single or family health insurance coverage. Any unused portion shall not be paid to the retiree. No life insurance coverage wiil be provided. 14.15 This Section shall apply to Three-Quarter Time employees who: 14.15(1) 14.15(2) 14.15(3) 14.15(4) 14.15(5) 14.15(6) Retire on or after 7anuary 1, 1996, and Were appointed on or after January i, 1990 and prior to January 1, 1996, and Have completed twenty (20) years with City of Saint Paul and must have been eligible for benefits and enrolled in the City's medical plan for the five (5) years prior to retirement, and Have attained age sixty-five (65) at retirement, and Meet the conditions of Section 14.7 above, and Select a health insurance plan offered by the Employer. The Employer agrees to contribute up to a maximum of $225.00 per month toward the cost of single or family health insurance coverage. Any unused portion shall not be paid to the retiree. No ]ife insurance coverage will be provided. 1416 This Section shall apply to One-Half Time employees who: 14.16(i) Retire on or after January l, 1996, and 14.16(2) Were appointed on or after January 1, 1990 and prior to January l, 1996, and 14.16(3) 14.16(4) 14.16(5) 14.16(6) Have completed twenty (20) years with City of Saint Paul and must have been eligible for benefits and enrolled in the City's medical plan for the five (5) years prior to retirement, and Have attained age sixty-five (65) at retirement, and Meet the conditions of Section 14.7 above, and Select a health insurance plan offered by the Employer. The Employer agrees to contribute up to a maximum of $150.00 per month toward the cost of singJe or family health insurance coverage. Any unused por[ion shall not be paid to the retiree. No life insurance coverage will be provided. 24 q��' s �� a ARTICLE 14 - INSURANCE (Continued) 14.17 In the event of reduction of hours of employment for budgetary reasons during the last twelve (12) months of employment, the eligibility will be determined by the previous fony-eight (48) months before the reduction. 14.18 Employees who have completed twenry (20) years of Full-Time service with the City of Saint Paul and reduce to Part-Time prior to retirement and who are eligible and enrolled in the City's medical plan continuously until retirement shall be eligible for Full-Time benefits at retirement. 14.19 The following list of employees is a good faith effort by the City and tt�e Association to identify employees, as of this contract date, who were hired prior to January 1, 1990, and who have less than twenty (20) years of service upon reaching the age of sixty-five (65). The intention of the parties is to include only those employees that are represented by the Association prior to January 1, 1996, and are still employed by the City as of the signing of this Agreement. 14.19(1) The following employees will qualify for up to the following dollar amounts at the age of sixty-five (65) with a minimum of ten (10) years of service. The requirements of Section 14.7 must be met by the employee. If any of the following employees choose to continue their employment beyond age sixty-five (65) with (20) twenty years of service with the City they may qualify as provided for under this Agreement. Eileen Moore Harriet Copeland Marilyn Rehnberg Robertson Moore Jean Hammar Carolyn Sorenson Karen Koeppe Pat Weisman $250.00 $250.00 $250.00 $125.00 $187.50 $125.00 $187.50 $125.00 25 R�-s�� ARTICLE 14 - INSURANCE (Continued) Survivor Insurance 14.20 The surviving spouse of an employee carryang family coverage at the Ume of his/her death due to a job connected injury or illness which was determined to have arisen out of and in the course of hislher employment under worker's compensation law shall continue to be eligible for City contribution in the same proponions 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. Tt is further understood that coverage shall cease in the event of: 14.20(1) Subsequent remarriage of the surviving spouse of the deceased employee or retiree. 14.20(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. 14.21 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 inthe City health insurance Program. 14.22 The contributions indicated in Article 14 shall be paid to the Employer's third party administrator. 14.23 Employees covered by this Agreement shall be eligible to participate in the Flexible Spending Account as offered by the Employer. The service fee charged to participating employees shali be paid by the employee. 14.24 Employees covered by this Agreement shall be eligible to participate in the Dependent Care Reimbursement Account offered hy the Employer. The service fee charged to parcicipating employees shail be paid by the Employer. 26 ��-Sot ARTICLE 15 - VACATION 15.1 In each calendar year, each Full-Time employee shall be granted vacation according to the following schedule: Years of Service One through seven years Eight through fifteen years Sixteen ttuough nineteen years Twenty years and beyond Vacation Granted 15 days 22 days 25 days 26 days This vacation schedule is effective as of 3anuary 1, 1995, and additional days shall be awarded to employees retroactive to that date. Employees who work less than full-time shall be granted vacation on a pro rata basis. 15.2 The Department Head may permit an employee to carry over into the following year up to fifteen (15) days' vacation. 15.3 The above provisions of vacation shall be subjectto the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 15.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty days, heishe may convert any part of such excess to vacation at the rate of one-half day's vacation for each day of sick leave credit. No employee may convert more than ten (10) days of sick leave in each calendar year under this provision. 27 °I�-sot ARTICLE 16 - HOLIDAYS 16.1 Holidays recognized and observed. The following days shail be recognized and observed as paid holidays: New Year's Day Labor Day Martin Luther King Day Veterans' Day Presidents' Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day Two floating holidays Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 16.2 The floating holidays set forth in Section 16.1 above may be taken at anytime during the contract year, subject to the approval of the Department Head of the employee. 16.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee's name must appear on the payroll the ]ast scheduled working day before the holiday and the first scheduled working day after the holiday. Part-Time employees wiil receive pro-rated holiday pay if they appear on the payroll any six of the nine days preceding the holiday or on the last working day before the holiday and any three days of the preceding nine days before the holiday. It is further understood that neither temporary nor other employees not heretofore eligible shall receive holiday pay. 16.4 Employees required to work on a holiday shall be compensated in accordance with Section I.I of the Saint Paul Salary Plan and Rates of Compensation. F�F: Q�-sot ARTICLE 17 - CITY MII.EAGE 17.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 17.2 Method of Computation: To be eligibie for such reimbursement, all officers and employees must receive written authorization from the Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addition, the employee shall be reimbursed $0.20 per mile for each mile actually driven. If such employee is required to drive aa automobile during employment and the Department Head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use hisfher own automobile, then the employee shall be reimbursed at the rate of $0.20 per mile driven and shall not be eligible for any per diem. Type 2. If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reimbursed at the rate oP $4.00 per day for each day of work. In addition, the employee shall be reimbursed $0.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the Departrnent Head ar designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $0.20 per mile driven and shall not be eligible for any per diem. 17.3 The City wiil provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his/her own personal car available. �� °[4-Soi ARTICLE 17 - CITY MILEAGE (Continued) 17.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall f le daily reports indicating mi]es driven and shall file monthly affidavits stating the number of days worked and the number of miles driven and further reguire that they maintain automobile liabiliry insurance in amounts of not less than $100,000!$300,000 for personai injury and $25,000 for property damage or liabiliry insurance in amounts not less than $3QO,OQO single Iimit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shail be maintained on file with the City Clerk. 17.5 Reimbursement as stated above will be retroactive to January 1, 1994. The 1994 amount shall be calculated for employees using the 1995 data. 30 9G-so� ARTICLE 18 - NONDISCRIMINATION 18.1 The terms and conditions of this Agreement will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, sexual orientation, disability or because of inembership or non-membership in the Association. 18.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public. 18.3 Employees covered by this contract will be covered by the City policy regarding nondiscrimination and sexuai harassment, as well as applicable local, state and federal laws. 31 9 6-snt ARTICLE 19 - PA.RENTAL LEAVE 19.1 A twelve (12) month Parentalleave of absence without pay shall be granted to a natural parent or an adoptive parent, who requests such leave in conjunction with the birth or adoption of a child. Such leave may be extended an additional twelve (12) months by mutual agreement between the employee and the Employer. Refusal on the part of the Employer to grant an extension of such leave shall not be subject to the provisions of Article 11 of this Agreement. Employees who return followin� such ]eaves of absence shall be placed in a position of equivalent salary and tenure as the one held just prior to the beginning of their leave. 19.2 Leave of absence for the adoption of a child or for paternity leave shall be in accordance with applicable laws. 19.3 In case of an employee adoption of a child up to five (5) years of age, employees shail be permitted to carry over into the following fiscal year up to eighty (80) additional hours of accrued vacation time each year up to a total of two hundred forty (240) hours. This Article 19.3 shall apply only to one City employee in the event that both adoptive parents are City employees. 32 q�-snl ARTICLE 20 - NO STRIKE, NO LOCKOUT 20.1 The Association and the Employer agree that there shail be no strikes, work stoppages, slow-downs, sitdowns, stay-ins or other concer[ed interference with the Employer's business or affairs by any of said Association and/or members thereof, and there shall be no bannering during existence of this Agreement without first using all possible means of peaceful settlement of any controversy which may arise. Employees engaging in same shall be liable for disciplinary action. 33 �.�-so1� ARTICLE 21 - SICK LEAVE 21.1 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 working hour for each full hour on the payroll, excluding overtime. 21.2 In the case of a serious illness or disability of an employee's child, parent or househoid member, the Department Head shali 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 forty (40) hours per incident. 21.3 Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, shall be granted one day of sick leave to attend the funeral of the employee's grandparent or grandchild. 21.4 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. 21.5 The Department Head 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 21.2 above. All such certificates shall be forwarded by the appointing officer to the Human Resources Office. � a�-so� ARTICLE 21 - SICK LEAVE (Continued) If an employee is absent because of the provisions of Article 21.2 above for three (3) or fewer calendar days helshe shall submit to the Department Head a certificate signed by the employee stating the nature of the child, parent or household member's sickness. If the sickness continues for more than three (3) 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 cenifying to the nature and period of the person's sickness is submitted and approved by the Department Head and forwarded to the Human Resources Office. 21.6 No sick leave shall be granted far the above reasons unless the employee reports to his/her Department Head the necessity for the absence not later than one-half hour after his/her regularly scheduled time to report for work, unless he/she can show to the satisfaction of the Aepartment Head that the failure to report was excusable. 21.7 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. 35 q� -So� ARTICLE 22 - VOLUN'I'ARY UNPAID LEAVE OF ABSENCE 22.1 A Full-Time employee may be granted up to four hundred eighty (480) hours of voluntary leave of absence without pay during the fiscal year. During such leave of absence, the employee shall continue to earn and accrue vacation and sick leave, seniority credits and maintain insurance eligibility as though he/she was on the payroll. Any leave of absence granted under this provision is subject to the approval of the Department Head. 36 `1C-Sot ARTICLE 23 - SAFETY FOOTWEAR 23.1 For those employees required by the Employer to wear safety shoes or boots, the Employer agrees to contribute $40.00 per calendar year toward the repair, repiacement or purchase of such shoes or boots. 37 �I G-So� ARTICLE 24 - DURATION AND EFF'ECTIVE DATE 24.1 24.2 Except as herein provided, this Agreement shall be effective as of January 1, 1994, and shall continue in full force and effect through December 31, 1996, 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. 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 Association. WITNESSES: CITY OF SAINT PAUL Mary H. Kearney L,abor Relations Director DATED: March , 1996 CITY OF SAINT PAUL PROFESSIONAL EMPLOYEES ASSOCIATION, INC. � y � ; ,/ ��,,�.� _ �`• ;��.- - : q`-so� � �� ,��►, : GRADE 002 (496A) ARCHITECT/LAI�TDSCAPE ARCHITECT/CIVIL ENG TRAINEE A B C D E F G 10-yr. 15-yr. Effective (1) (2) (3) (4) (5) (6) (7) (8) (9) 12-25-93 939.30 975.97 1016.66 1066.51 ll20.46 1175.42 1235.51 1272.13 1309.76 12-24-94 958.09 995.49 1036.99 1087.84 1142.87 1198.93 1260.22 1297.57 1335.96 12-23-95 977.25 1015.40 1057.73 1109.60 1165.73 1222.91 1285.42 1323.52 1362.68 GRADE 003 (372A) *LIBRARY SPECIALIST Effective 12-25-93 967.81 1Q06.50 1046.18 1099.10 1153.00 1212.07 1272.13 1310.76 1347.40 12-24-94 987.17 1026.63 1067.10 1121.08 1176.06 1236.31 1297.57 1336.98 1374.35 12-23-95 1006.91 1047.16 1088.44 1143.50 1199.58 1261.04 1323.52 1363.72 1401.84 GRADE 005 (007A) *LIBRARY SPECIALIST I (009A) *SUBSTITUTE LIBRARY SPECIALIST (165A) MANAGEMENT ASSISTANT I (130) PARK NATURALIST/EDUCATION SPEC (263A) VOLUNTEER COORDINATOR Effective 12-25-93 12-24-94 12-23-95 1027. 86 1068. 57 1109. 28 1167. 24 1224. 24 1285 . 32 1348.41 13 89.11 1428. 80 1048.42 1089.94 1131.47 1190.58 124$.72 1311.03 1375.38 1416.89 1457.38 1069.39 ll 11 J4 1154.10 1214.39 1273.69 1337.25 1402.89 1445.23 1486.53 GRADE 006 (886) ECONOMIC DEVLMT SPECIALIST I (976) GRAPHIC ARTIST I Effective 12-25-93 12-7A-94 12-23-95 1057.34 1100.12 1143.87 1201.88 1261.94 1323.99 1389.11 1431.85 1472.57 1078.49 1122.12 1166.75 1225.92 1287.18 1350.47 1416.89 1460.49 15�2.02 1100.06 1144.56 1190.09 1250.44 1312.92 1377.48 1445.23 1489.70 1532.06 A-i �b-sol APPENDIX A (Continued) GRADE 007 (008A) "LIBRARY SPECIALIST II (001) ACCOUNTANT I (542A) HUMAN RESOURCES SPECIALIST I (375A) MUNICIPAL EQUIPMENT COORDINATOR (820) NUTRITIONIST I (012A) PROJECT MANAGER I (038A) PUBLIC INFO SPECIALIST I (392) RESEARCH ANALYST I A B C D E F G 10-yr. 15-yr. Effective (1) (2) (3) (4) (5) (6) (7) (8) (9) 12-25-93 1087.88 1131.64 1178.50 1236.45 1299.58 1364.74 1431.85 1474.60 1517.35 12-24-94 1109.64 1154.27 1202.07 1261.18 1325.57 1392.03 1460.49 1504.09 1547.70 12-23-95 1131.83 1177.36 1226.11 1286.40 1352.08 1419.87 1489.70 1534.17 1578.65 GRADE 008 (306A) BUSINESS ASSIST SPECIALIST (2A4) LIBRARIAN I (220A) VIDEO PRODUCTION SPECIALIST Effective 12-25-93 12-24-94 12-13-95 1121.46 116'7.24 1214.06 127415 1336.19 1404.41 1474.52 1519.39 1563.14 1143.89 1190.58 1238.34 1299.63 1362.91 1432.50 1504.01 1549.78 1594.40 1166.77 121439 1263.11 1325.62 1390.17 1461.15 1534.09 1580.78 1626.29 GRADE 009 (128) CRIMINALIST I (908) EMPLOYMENT AND TRNG PLANNER (828) GRANTS ASSISTANT (977) GRAPHIC ARTIST II (575} HEALTH EDUCATOR I (896) LANDSCAPE ARCHITECT I (166A) MANAGEMENT ASSISTANT II (520) WATER QUALITY SPECIALIST I Bffective 12-25-93 12-24-94 12-23-95 1154.03 1201.88 1249.70 1311.81 1377.93 1447.15 1519.39 1563.14 160$.93 1177.11 1225.92 1274.69 1338.05 1405.49 1476.09 1549.78 1594.40 1641.11 1200.65 1250.44 1300.18 1364.$1 1433.60 1505.61 1580.78 1626.29 1673.93 A-2 �{(.-soi APPENDIX A (Continued) GRADE O10 (684) ARBORIST (934) CITY PLANNER II (887) ECONOMIC DEVLMT SPECIALIST II (425A) HEALTH & FITNESS SPECIALIST (233) HEALTH STATISTICIAN (114A) MEDICAL RECORDS ADMINISTRATOR (013A) PROJECT MANAGER II (393) RESEARCH ANALYST II (424A) RESEARCH LIBRARIAN (658) SOCIAL WORKER A B C D E F G 10-yr. 15-yr. Bffective (1) (2) (3) (4) (5) (6) (7) (8) (9) 12-25-93 1190.69 1236.45 1285.32 1350.43 1418.63 1489.87 1563.14 1610.97 1658.83 12-24-94 1214.50 1261.18 1311.03 1377.44 1447.00 1519.67 1594.40 1643.19 1692.01 12-23-95 1238.79 1286.40 1337.25 1404.99 1475.94 1550.06 1626.29 1676.05 1725.85 GRADE 011 (133A) *OFFICE SERVICES ADMIN-SUPERV (002) ACCOUNTANT II (011) ARCHITECT I (370A) CITIZEN SERVICE SENIOR ANALYST (105) CIVIL EI�3GINEER I (659) CIVIL ENGINEER I--WATER UTIL (130A) COUNCIL RESEARCH ANALYST (SOlA} CRIME PREVENTION COORDINATOR (255A) ENVIRONMENTAL HEALTH SPEC I (257A) ENVIRONMENTAL HEALTH SUPV (543A) HUMAN RESOURCES SPECIALIST II Effective 12-25-93 1225.29 1275.15 1326.02 139216 1461. 37 1535.69 1610.97 1655.75 1708.68 12-24-94 1249. 80 1300. 65 1352. 54 1420.00 1490.60 1566.40 1643 .19 1688. 87 1742. 85 12-23-95 1274.80 1326.66 1379.59 1448.40 1520.41 1597.73 1676.05 1722.65 1777.71 A-3 °f`-S�o� APPENDIX A (Continued) GRADE 012 (184A) EDP SYSTEMS ANALYST I (395A) ACTMAN RIGHTS SPECIALIST (383) RECREATION DIRECTOR II (326A} VALUE ANALYST I A B C D E F G 10-yr. 15-yr. Effective (1) (2) (3) (4) (5) (6) (7) (8) (9) 12-25-93 1262.91 1312.80 1365.71 1432.88 1505.15 1580.44 1658.83 1710.70 1759.58 12-24-94 1288.17 1339.06 1393.02 1461.54 1535.25 1612.05 1692.01 1744.91 1794.77 12-23-95 1313.93 1365.84 1420.88 1490.77 1565.96 1644.29 1725.85 1779.81 1830.67 GRADE 013 (888) ECONOMIC DEVLMT SPECIALIST III (256A) ENVIRONMENTAL HEALTH SPEC II (829) GRANTS SPBCIALIST (576) HEALTH EDUCATOR II (897) LANDSCAPE ARCHITECT II (167A) MANAGEMENT ASSISTANT III (296A) MEDICAL TECHNOLOGIST (821) NUTRITIONIST II (974) OCCUP SAFETY & HEALTH ANALYST (039A) PUBLIC INFO SPECIALIST II (288A) SAFETY OFFICER (909) SEI�iIOR EMPLOYMENT & TRNG PLNNR (330A) VIDEO PRODUCTION COORDINATOR (521) WATER QUALITY SPECIALIST II Effective 12-25-93 1300.58 1351.47 1406.43 1477.66 1548.89 1627.28 1710.70 1760.59 1810.41 12-24-94 1326.59 1378.50 1434.56 1507.21 1579.87 1659.83 1744.91 1795.80 1846.62 12-23-95 1353.12 1406.07 1463.25 1537.35 1611.47 1693.03 1779.81 1831.72 1883.55 I� 96-so� APPENDIX A (Continued) GRADE Q14 (924) ADMIN ASSISTANT-CITY PLANNING (598) CITIZEN PARTICIPATION COORD (935) CITY PLANNER III (544A) HUMAN RESOURCES SPECIALIST III (250) LIBRARIAN II (139A) NURSE PRACTITIONER-OB GYN (565) PUBLIC HEALTH NIJRSE (394) RESEARCH ANALYST III A B C D E F G 10-yr. 15-yr. Effective (1) (2) (3) (4) (5) (6) (7) (8) (9) 12-25-93 1339.26 139216 1448.14 1520.43 1597.77 1676.13 1760.59 1812.47 1866.42 12-24-94 1366.05 1420.00 1477.10 1550. 84 1629. 73 1709.65 1795.80 1848. 72 1903 JS 12-23-95 1393.37 1448.40 1506.64 1581.86 1662.32 1743.84 1831.72 1885.69 1941.83 GRADE O15 (246) **LANDSCAPE ARCHITECT II (003) ACCOUNTANT III (012) ARCHITECT II (026) ASSISTANT CHIEF SURVEYOR (106) CIVIL ENGINEER II (108) CIVIL ENGINEER II-WATER UTIL (129) CRIMINALIST II (129A) ENVIRON HEALTH ADM ANALYST (110A) HEALTH ANALYST (530A) PUBLIC EDUCATION OFFICER-FIRE DEPT. Effective 12-25-93 1379.96 1435.93 1491.91 1565.20 1644.55 1725.98 1812.47 1868.46 1923.43 12-24-94 1407.56 1464.65 1521 JS 1596.50 1677.44 1760.50 1848.72 1905.83 1961.90 12-23-95 1435.71 1493.94 1552.19 1628.43 1710.99 1795.71 1885.69 1943.95 2001.14 � °��-So� APPENDIX A (Continued) GRADE 016 (092A) ADMIN ASSISTANT--FIRE DEPT (321A) ARTS DEVELOPMENT MANAGER (391A) EDP DATABASE COORDINATOR (185A) EDP SYSTEMS ANALYST II (04A) MANAGEMENT ANALYST (088A) PHYSICAL FITNESS COORDINATOR (776) PROGRAM COORDINATOR (014A) PROJECT MANAGER III (413A) SELECTION & VALIDATION SPEC (327A) VALUE ANALYST II A B C D E F G 10-yr. 15-yr. Effective (1) (2) (3) (4) (5) (6) (7) (8) (9) 12-25-93 1421.69 1478.70 1536.71 1614.05 1694.44 1778.89 1868.46 1923.43 1979.39 12-24-94 1450.12 1508.27 1567.44 1646.33 1728.33 1814.47 1405.83 1961.90 2018.48 12-23-95 1479.12 1538.44 1598.79 1679.26 1762.90 1850.76 1943.95 2001.14 2059.36 GRADE 017 (389A) CHILD CARE COORDINATOR (517A) PHYSICIAN ASSISTANT Effective 12-25-93 12-24-94 12-23-95 1464.43 1522.45 1583.49 1660.88 1743.26 1831.83 1923.43 1982.43 2041.48 1493.72 1552.90 1615.16 1694.10 1778.13 1868.47 1961.90 2022.08 20$2.31 1523.59 1583.96 1647.46 1727.98 1813.69 1905.84 2001.14 2062.52 2123.96 GRADE O18 (081A) EPIDEMIOLOGIST (898) LANDSCAPE ARCHITECT III (379A) LIBRARIAN III (APPTD AFTER 7/7/88) Effective 12-25-93 12-24-94 12-23-95 1508.22 1567.20 1629.31 1712.70 1797.24 1888.81 1982.43 2042.47 2099.47 1538.38 1598.54 1661.90 174fi.95 1833.18 1926.59 2022.08 2083.32 2141.46 1569.15 1630.51 1695.14 1781.89 1869.84 1965.12 2062.52 2124.99 2184.29 � Q b-So1 APPENDIX (Continued) GRADE 019 (280A) HUMAN RIGHTS PROGRAM ANALYST A B C D E F G 10-yr. 15-yr. Effective (1) (2) (3) (4) (5) (6) (7) (8) (9) 12-25-93 1553.98 1615.03 1678.13 1762.62 1851.15 1943.76 2042.47 2100.46 2163.56 12-24-94 1585.06 1647.33 1711.69 1�97.87 1888.17 1982.64 2083.32 2142.47 22a6.83 12-23-95 1616.76 1680.28 1745.92 1833.83 1925.93 2022.29 2124.99 2185.32 2250.97 GRADE 020 (013) ARCHITECT III (591) CITY PLANNER IV (107) CIVIL ENGINEER III (109) CIVIL ENGINEER III--WATER UTIL (889) ECONOMIC DEVLMT SPECIALIST IV (117A) ECONOMIC PLANNER (454A} EDP DATABASE ADMINISTRATOR (186A) EDP SYSTEMS ANALYST III (160) ELECTRICAL ENGINEER ITI (533A) FIRE PROTECTION ENGINEER (830) GRANTS MANAGER (251) LIBAARIAN III(APPTD ON/BEFORE 717/88) (395) RESEARCH ANALYST IV (444) STRUCTURAL ENGINEER Effective 12-25-93 12-23-94 12-24-95 1599.82 1663.90 1730.05 1816.56 1907.12 2002.76 2102.54 2164.60 2228.71 1631.82 1697.18 1764.65 1852.89 1945.26 2042.82 2144.59 2207.89 2273.28 1664.46 1731.12 1799.94 1889.95 1984.17 2083.68 2187.48 2252.05 2318.75 GRADE 022 (879) PROJECT MANAGER IV (294A) PROJECT MANAGER IV--PUBLIC WKS (328A} VALUE ANALYST III Effective 12-25-93 12-24-94 12-23-95 1696.47 1763.63 1834.87 1926.45 2023.15 2123.88 2229.70 2296.90 2364.06 1730.40 1798.90 1871.57 1964.98 2063.61 2166.36 2274.29 2342.84 2411.34 1765.01 1834.88 1909.00 200428 2104.88 2209.69 2319.78 2389.70 2459.57 A-7 q4-So� ` APPENDIX A (Continued) The above December 25, 1993 rates for Steps A through 15-yr. reflect a zero percent (0`7) over the June 26, 1993 rates. The above December 24, 1994 rates for Steps A through 15-yr. reflect an increase of two percent (2A%o) over the December 25, 1943 rates. The above December 23, 1995 rates for Steps A through 15-yr. reflect an increase of two percent (2.0%) over the December 24, 1994 rates. *These titles have been abolished except as to the present incumbents. �