The URL can be used to link to this page

96-733Council File # 6-73.3 n R � � s�! � L Green Sheet # 35878 RESOLUTION CITY OF SAINT PAUL, MINNESOTA a' Comrnittee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1995 - 1996 Collective Bargaining Agreement between the City of Saint Paul and the International Union of Operating Engineers Local # 70. Requested by Department of: Office of Labor Relahons B � Form Appro d by City Attomey By ��l �� b�z��q6 Approved by May� r S �s n t� cil By. - __//1/� 0 Presented by Referred To By: � Approved by Mayor. Da e �� / s ��- k �/ Adopted by Council. Date �� Adoptio,�Certified by Council Secretary 96 _ 733 DEPARTMEVT/OFFICE/COtiNCIL: DATE INITIATED GREEN SHEET No.• 35878 LABOR RELATIONS May 20, 1996 ' CO?�TACf PERSO\ & PAO\E: L�'I17nI/DATE Ih1Tw1lDAiE MARY H. KEARNEY 266-6495 p Assic:� \ti11BER I DEPART�fE\T DIR 4 CIT1' COL'�CIL FOR 2 CITY ATTORtiEY CITY CLERK MI;�ST BE ON COIIICIL AGE\DA BY (DATE) ROtiTING BL'DGET DIR. FI?�. & MGT. SERtRCE DIR ORDER 3�IAYOR(OR.ASST.) TOTAL# OF SIG\ATtiRE PAGES I (CLIP AI,L LOCAT70RS FOR SIGTATIIRE) acrios xEQVESrEn: This resolution approves the attached January 1, 1995 - December 31, 1996 Agreement betrveen the City of Saint Paul and the Intemation Union of Operating Engineers Local # 70. RECOMME\DATIOtiS Approve (A) or Rgect (R) PERSONAl, SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QIiESTIONS: PLANK'ItiGCO�fMISSION _CIVILSERVICE COMMISSION 1. Aazihisperson/fim�everworkedunderaco�tractforthisdepartment? CIB COMMSITEE Yu No STAFF 2. Hu this persoNficm ever been a city employee? DISTRICT COliRT Yes No SLPPORTS WHICH COU�CIL OBJECTI�'E? 3. Does this persoNfirsn possess a skill not noirnalty possessed by any currrnt city employee? Yes No Explain all yes answ�ers on separate sheet and attach to green sheet INITIATI'.�G PROBLEM, ISSCE, OPPORTUI�ITY (Who, Whaq When, Where, Why): See Attached. nvvanrncES iF nrrxocEn An Agreement in place through December 31, 1996. DISADVA;�TAGESIFAPPROVED N0112. DISADVANTAGE5IF\OTAPPR04ED. NO SetY�ell]eIlt I'e3CIleC1 3RCI I70SS1ble S1rIICe. TOTAL AMOL'NT OF TRINSACTION: COST�REVENUE BUDGETED: FUNDING SOURCE: ACTMTY NUMBER: FIFANCIAL LFFOR:I�I9TI0:�: (EXPLAIn) °I G -�33 ATTACFIMENT TO GREEN SHEET 1995-1996 IN'I'ERNATIONAL LTNIQN OF QPERATING ENGINEERS, LOCAL #70 Below represents the changes for the 1995-1996 tentative agreement between the City of Saint Paul and the International Union of Operating Engineers, Local #70. DURA.TION This contract will be effective 7anuary l, 1995 through December 31, 1996. 2. WAGES Effective 12-24-94: 2.0% base wage increase. Effective 12-23-95: 2.0% base wage increase Effective 12-23-95: $.14 per hour employees whose job involve use or handling of hazardous material/blood born pathogens. 3. FUNERAL LEAVE Grandpazents - Grandchild added ACTIVE HEALTH INSURANCE Effective 1-1-95 -$326 21/month for family health Effective 1-1-96 -$336.41lmonth for family health 5. RETIREE HEALTH INSURANCE For Employees appointed prior to 1-1-96 Early Retiree Insurance The City will contribute up to $350/month towards the cost of single or family health insurance. Regular Retiree Insurance The City will contribute up to $350/month towazds the cost of single or family health insurance. For Employees appointed on or after 1-1-96 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 $300/month towards the cost of single or family health insurance. 6. VACATION Effective 1-1-95 employees with 16 thru 23 years of service shall have one additional day. 7. SAFETYSHOES The dollar amount shall be increase to $40.00 in 1995 and $50 00 in 1996. � U O a � Sa N � Y�L � wl � � a V `o V Y N � �� a 0 w �' O G m 0 +{ 0 � } r-I ° t+ � C H � � > � t �--I � F1a N � ro � W 0 L .� CJ z O i f W �. O � F� Z W W ..J F W c H C L�. O Z � � H u c�0 � ny � � � U d � V m Y N V � V O� � A� Y.-i � L �. P : O d d I � '� >6 c s c � ' V � �� e l N �C V y C 5 � O E 3 3_ $ °`_ ��'E �s v'c� M �+� M i u y c d r_ Z5 Zf ZV Z�U N 5 3 $ m' I , � ° �` �/5 N � C W d N y. � O 0 2� d � �•O q C�� N „ e „ ° c cV o�U � . m � yb qb �O J' � V &�0 � q� �F � � � � � r-' � s C 0 J N� W �� O � M� �s �� Ss a� s_ s� �� €= N` M` M n M � V M X N � Z O u« �� d-`�- �� uo uE E �'e Z 5 Z � Z� Z 0 Z U Z V Z� V r� I l N I9 Y N N N V q '$ Y C d = U '� C g C � C r 'r p 9 � J e 05 m5 mE � n � W � � W O • n a ri r d � n W � w rn � � �O � M �T � d =' o m � n n �'h y'� r u i � ' n � v a 'u m �+ o y - y� � .�' 3= 3 -°` ° E O` _. � S E J' C N� N L 9 � d ` d � V M� M E M' M�'� y$� C C N G A V�' d O y� p f ' �1 N � w 3 n w O'ZE Zf ZU Z�V ZS ZE ZE W N O� I� O I� tt �--� �Y' d W � M I� N O �i O� N I O t!) ^ �O ^ M M O 6 M c .7 N M ` ry0� r � ('1 p� lr1 �--i Cl P O � N 7 C N 1�1 Af �y d ° a H} y C 0 d C A � � _ O y - O .Y A 3 x� „�a � � g` � = � J � �� q� x� �"s xs m mv m" �v m= m= m"= � �O .a M � � � I W � I w w y _g �o ln a � � � TI m V P y N ? � � N� N� q Y� � � C 3 d � (� _` m � _`o N j.� >C p • S] y L i� N J N V.� O � b �a �� = > ova� ��o O,tiZ� ZU U d t") � w d� � W� fr � A r+ N m ^ ��YN (fl m � 3 c" m M. i � � fi} > FA" N � C N' m n p O W Q V d �O� y 5 � �O �� „�� m' V n�V � � � � M � p� n O y V � ^ s u 4' 2 � J � t � C � C � r � r � r � �' � w � u�i = zs zs ° r } o � 1 s I O I N � i � � � �O n b ... 1 o � n ^ � d �= �` � = � V � p E i- = P� r N rH f1 N N N N N C C d ' a'j O O L C� � 2.�. � v w � �� N V W y Q Y O��. } O d E � $ � �' ` � E �' E m'� vu cU m� �� a N � � q M � v Z� � C � s = m'O � M a: �f1 � M 1 � 3 d � o� 1� O • 6� v1 �O N � � O vl �7 M t+1 ti n �+l ,^ a v � m�c < H m Q � P < C Q Y � � c s c V = Y W �� O � M� � M � C � A � C �� C y' � � S! ^ C M V M� O g Z O V V) d 2'` 2E �EE y e` °° m v°'i ZV ZU Z�V H� 1��+ � � O I ^ < N � b � � � ~ n v� _ �_ i �`0 � � . `. ^ ' u w� Oa 0��..y >m' „ E „ � mU mU mLL V al� � N N ^ � O • � � ti M N N � � f � C ^ m � �pN ` N iP1 N N �y � C �V N Y p d L t C S X Y� � V Y d p N q W O� O M� {y' Y C w�. e �= � e � 0 c ��' L m � M � M V M� � Z m V E �L � �� ; ` �y E �E E _E ;FQ m,n Z� ZV Z�..1 ILL{..� f� fM P V � y V C U V V � � T � 2 � q VI d x„ �_ �„ �� mE sE m � o'� O ^ ^ 9 c c • O q O q q ` � ei W V � p V O 6 x= xe „Ee EV oV o�°V � � ( � n (n O ^ V� c �Y N Y 7 ' d� �r � q�_�33 I � n � : � � �g N E _ � P � � O m �+ R v o E � � ` Y C _' � d N A c � ! � I 1 � 1 A N N i � q w N `` � � � p « N Cm � J � C i. y � � C N C '= = . �v � i� -'� � � 1995 - 1996 LABOR AGREEMENT - between - THE CITY OF SAINT PAUL -and- INTERNATIONAL UNION OF OPERATING ��vTGIl�T�ERS LOCAL 70 � � I1�TDEX ARTICLE 1 � 3 4 � 6 7 8 9 10 11 12 13 14 1� 16 TITLE PAGE Preamble... ........ ..........................ii Recognicion . . - - - - � - � . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Definitions . . . . . . . . . . . . . . . . . . . . . � � - . . . . . . . . . . . . . 2 Dues - Fair Share . . - � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • - . . . . . . 5 Management Righu . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 H ours, Premium Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Leaves of Absence . . _ . . . . . . ` . . . . . . . . . . . . . . . . . . . . . . . .9 Military Leave of Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Jury Duty ................................... ... 12 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mileage . . . . . . . . . . ............................ Residencp ..................................... Working Out of Classification . . . . . . . . . . . . . . . . . . . . . . . . Discipline ..................................... lnsurance ...................................... 13 17 18 19 20 21 � � Holidays ........................................ 26 18 Vacation 28 19 Grievance Procedure . � � � � ..............................29 �� Waee Schedule .. .................................32 � Strikes, L.ockouts, Work Interference . . . . . . . . . . . . . . . . . . . . 33 �� Non-Discrimination . . . . . . . . . . . . . . . . . . . 34 '-' Safety Shoes . . . . . . . . . . . . . . . . . . . �� ... 35 - Terms of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 ��3 Appendix A - WaQes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Al Appendix $ - Como Park Conservator}�/Zoo Layoffs . , . . . . . . . . B1 g(� �, PREAMBLE This Aareement has been entered into benveen the City of Saint Pau1, hereafrer referred to as the Employer, and Local Union \ro. 70, International Union of Operating Enaineers, AFL-CIO, hereafter referred to as the Union. This A�reement has as its purpose the promotion of harmonious relations between the Employer and the Union, the establishment of an equitable and peaceful procedure for the resolution of differences, and the establishment of rates of pay, benefits, hours of work, and ocher conditions of employment. The parties hereto pledge that they shall pursue the above objectives in full compliance cvith the requiremenu of the Public Employment Labor Relations Act of the State of Minnesota of 1984, as amended. ii �(� ARTICLE 1 - RECOGNITION 1.1 The Employer reco�nizes the Union as the sole and exclusive barQaininR a,ent for the purposes of establishing wages, benefits, hours and other conditions of employment for all of its employees as outlined in the cenification by the State of Minnesota, Bureau of Mediation Services, under Case No. 73-PR-449-A, as amended, to read as Yollows: All reoular, probationary. and provisionat enginezring and buildinQ maintenance personnel who are employed by the City of St. Paul or who have their "terms and conditions of employment" established by the governin� body oT the City of St. Paui, and whose empioyment service exceeds the lesser of 14 hours per week or 35 percent of the normal work week and more than 67 work days per year in the following classifications: Building Maintenance Engineer, Chief Operating Engineer—Civic Center, Cusiodial Worker, Custodian, Custodian Engineer I, Custodian Engineer I--Libran�, Custodian Engineer I--Pubiic Safeiy, Custodian--Engineer II. Custodian En�ineer II--Library, Custodian Engineer III, Custodian En�ineer III--Library, Filter Plant Operator I, Filter Plant Operator II, Custodian (Light Duty), House Custodian II, Instrument Repairer (Filter Plan[), Maintenance Worker, Operating Engineer I, Operatin2 En;ineer II, Operating Enaineer--Civic Center. Park Ranger, Pumpino Engineer I, Pumping Engineer II. Pumping Engineer III, Securit}� Officer. Sewer Pumping Station Operator, Stadium Supervisor, Supervising Stationary Engineer, Watchman--Water Department, Water Plant Operator I, Water Plant Aide, Trainee (Custodian Enaineer): excluding supervisory, managerial, clerical confidential, temporary and emerQencl employees, those exclusively represented by other labor or employee or�anizations. and all other emplo}�ees. 1.2 The parties agree that any necv classifications which are an expansion of the above bargaining unit or which derive from the classifcations set forth in this �sreemer.t shall be recognized as a part of this ba:ga;r.ia� unir, aad the parties shail take a!! sTeps required under the Public Emplo;�ment Relations Act to accomplish said objective. I � J {Ui_��✓ ARTICLE 2 - DEFINITIONS 2.1 Co[fective Bargaining - The Employer will baraain coliecti��ety witl� the Union and with respect to rates of pay, hours and other conditions pertainin� to employment for all of the employees in the unit hereinbefore set for�h. 2.2 Maintenance of Standards - The Employer agrees that all conditions of employment relating to wages, hours of work, ovenime differentials, vacations, and eeneral workina conditions shall be maintained at not less than the hiahest minimum standard as set forth in the Civil Service Rules of the City of Saint paul, (Resolution No. 3250 and the Saint Paul Salary Plan and Rates of Compensation) at the time of the signing of this Agreement, and the canditions of employmeni shall be improved �i�herever specific provisions for improvement are made elsewhere in this Agreement. 2.3 Discrimination - The Employer will not interfere with, restrain or coerce the employees covered by this Agreement because of inembership in or activiry on behalf of the Union. The Employer will not discriminate in respect to hire, tenure of employment or any term or condition of employment against any employee covered by this Agreement because of inembership in or activity on behalf of the Union, nor will it discourage or attempt to discoura�e membership in the Union, or attempt co encourage membership in another Union. � '.4 The cerm "Employer" shall mean the Ci;y of St. Paul or the St. Paul Wacer Utility. 2 g�0"��J � , ARTICLE 3- DLTES - FAIR SHARE �-i Aues - The Employer agrees to deduct the Union membership initiation fee assessments and once each month dues from the pay to those employees �i-ho individually request in writing that such deducticns be made. The amounts to be deducted shall be certified to the Employer by a representative of the Union and the a�gregate deductions of all emplo��ees shall be remitted together �vith an itemized statement to the representative by the first of the succeeding month afrer such deductions are made or as soon thereafrer as is possibie. �.2 Fair share - Any present or furure employee who is not a Union member shall be required to contribute a fair share fee for services rendered by the Union. Upon notification by the Union, the Empioyer shall check off said fee from the earnings of the empioyee and transmit the same to the Union. 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 negotiation and administration of grievance procedures. This provision shall remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. 3.3 The Union witl indemnify, defend and hold the Employer harmless against any claims made and against any suits instituted aQainst the City, its officers or employees, by reason of neQligence of the Union in requesting or receiving deductions under this Article. The City wili indemnify, defend and hold the UNI01_V harmiess asainst ar.y claims made and against any suits instituted against the Union, iu officers or employees by reason of negligence on the part of the Empioyer in making or forwarding deductions under this Article. 3 q� ARTICLE 4 - UNION RIGHTS �.1 The Union may designate employees within the barRaining unit ro ser�e as Union Stewards and shall be required to administer this Aareement. 4.2 The linion shall furnish the Employer and appropriate Department Heads and Labor Relations Director with a list of Ste�c�ards and alternates, and sl�all, as soon as possible, natif}� said appropriate City officials in writin� of any changes thereto. Only those who are Officers and Stewards shall be recoanized by the Employer Yor the purpose of meetin�s. 4.3 There shall be no deduction from the pay of a Steward when directly im�olved in meetings with management relating to the administration of this Agreement during working hours. 4.4 Designated Union Representatives shall be permitted to visit employees on job sites and at deparunent buildings during working hours for the purpose of the administration of this contract. 4.S Shop Steward - One shop steward from each department will be allowed to accompany an employee's authorized representative during regular workins hours Yorthe purpose of wage, salary, or fringe benefit discussions or other probiems of their particular concern involving empioyees of the City of St. Paul under the followina conditions: 4.5.1 That only one employee from any one department be allowed to leave his/her work. 4.5.2 That the steward be expected to attend these meetings on his/her o« n time when they are held outside of his(her regular �uorKina hours. 4.5.3 That adequate notice is giver, ro the departmeat heads so that permssion may be obtained. 4.5.4 That the steward has officiaily been designated as such bv �he I: n(on that he/she represenu. � 4.�.� Union Conventions - Duly elected LJnion deleaates shall be aranted time off without pay for one �veek to attend such com�ention. Vacacion or compensatory time may be used for this purpose. The Union shatl gire at least cen working days advance notice of the employees who «�ill be participating in such com�entions. 4 �(� ' � ��J3 �, ARTICLE 5 - SENIORITY �.1 Senioriry, for the purpose of this Agreement, shal! be defined as follo�es: The ]enoth of continuous, reQular and probationary service with the Employer from the date an emplo}�ee was first appointed to a class tide covered by [his ARreement, it beina further understood that seniority is confined to the current class assignment heid by an employee. In cases where two or more employees are appointed [o the same ciass title on the same date, the seniority shall be determined by the employee's rank on the eli�ible list from which certification was made. �-Z Seniority shall terminate when an employee retires, resigns, or is discharged. 5.3 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 titie within each department based on inverse length of seniority as defined above. �.4 In cases where there are promotional series, such as Custodian Engineer I, II, III, etc., when the number of employees in the higher titles is to be reduced, employees who have heid lower titles in the bargaining unit 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. %-� Recall from layoff shall be in inverse order of ia}�off, except that recall riahts shali expire af[er two years of layoff. ` �.6 It is understood that such employees wi11 pick up their former seniorit}� da�e in any class of positions that they previously held. J q� - �33 ARTICLE 6 - MANAGEYIENT RTGHTS 6.1 Tl�e Union recognizes the riaht of the Empioyer to operate and maiia;z its affairs in all respects in accordance �vith applicable laws and reQulations oY appropriate authorities. The riahcs and authority cvhich the £mplo}�er has not officiall� abridaed, delegated, or modified by this A�reement are retained by the Employer. 6.2 A public Employer is not required to meet and neQotiate on matters of inherent manaQerial policy, which include, but are not timited to, such areas of discretion of policy as the functions and programs of the Employer, its overall budaet. utilization of technology, and organizationai structure and selection and direction and number of personnel. 0 9� - '733 ARTICLE 7- HOURS, PREMIUM PAY 7.1 Hours of Employment - The normal work day and the normal work week shall be 8 consecutive hours in any 24-hour period and 40 hours in any 7-day period. (For employees on a shifr basis, this shall be construed ro mean an average of forty hours a week.) The normal work week shall consist of � consecutive norma] cvork days. Within the Division of Libraries, the normal work �veek shall consist of � consecutive normal work days followed by two {2) consecutive days off. 7.2 Call-in-Pay - When an employee is called to work he/she shall receive two hours pay if not put to work. If an employee is called to work and commences work, he/she shall be guaranteed four straight time hours pay. These provisions, however. shall not be effective when work is unable to proceed because of adverse weather conditions; nor shall these provisions apply to temporary or emergency employees nor to employees employed under any of the titles listed in Section 3.M of the Civil Service Rules under the heading "Special Employments"; nor to any person whose regular scheduled workday is less than four hours. 7-3 Overtime - Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by the order of the head of the department. An Employee shall be recompensed for work done in excess of the normal hours by beina granted compensatory time on a time and one-half basis or by beina paid on a time and one-half basis for such overtime work. The basis on which such overtime shall be paid shall be deternuned by the employee provided there is monev in the budget. The overtime rate of one and one-half shall be computed on the basis of 1/SOth of the bi-weekiy rate. �� Premium Pav - To any employee who works on a reaularly assigned shiYt beainning earlier than 6 a.m. or ending later than 6 p.m., provided that at least five hours of the shift are worked between rhe hours of 6 p.m. and 6 a.m., rhere shail be paid a night diffe:ertial for the entire shifr. To any employee who works on a reaularl}� assianed shifr, beginnina earlier than 6 a.m. or ending later than 6 p.m.. but less than five hours of the shifr are �iorked betcveen the hours of 6 p.m. and b a.m., there shail be paid a niaht differential for the hours worked between the hours of 6 p.m. and 6 a.m. Notwithstanding Section III E of the Saint Pau] Salary Plan and Races of Compensation, employees working at the GTTater Utility's Filtration Plant and �vho are 2sulariv assitrned ro a shifr which betrins at 2_30 p.m. shall be eligible for the nioh[ differential as stated in Section III B for the entire shifr � 7 J � ARTICL� 7- HOURS, PREMIUM PAY (continued) gC0'�3`'J i.� The niaht differential shall be �90 of the base rate, and shall be paid oniy for those night shi8s actually worked; provided, however, that the proi�isions of this subsection shali not apply to emergencp or temporary employees in the Auditorium, or ro employees holdin� titles listed in Section II of the Saint Paul Salary Plan and Rates of Compensation under the headina "Special Emplopments" in tliis baraaining unit. i.6 A premium pay of twenry-five (25) cents per hour shalt be paid for all swing stage work, such as any work performed from a boatswain's chair or a swine scaffold, fifty (50) feet or more above the ground. A11 standard safety laws shall be complied with. 7.7 Notwithstanding Article 7_1, employees may, through mutual agreement with the Employer, work schedules other than schedules limited by the normal work day and work week as set forth in Article 7.1. Overtime compensation for employees working under such agreemenu shall be subject to the provisions, for same, as set forth by the Fair L,abor Standards Act. �.8 For employees who wish to share a position, the Employer will attempt to provide options for implementing a sharinQ arrangement. Such an arranQement must be mutually agreed upon by the Employer and the employees invol��ed. Vacation, holiday, and sack leave benefiu for employees who share a position shall be pro-rated based upon the percent ot hours worked. Health insurance benefiu shall be administered in accordance with the provisions of Article 16 (Insurance) of this Agreement. In the event that one of the employees participatinQ in the shared position is terminated or terminates employment, the Empioyer shail 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 Emptoyer shali have the option of increasinQ che remaining employee's work hours. � i.9 Articles ?.7, aad 7.8 sh2!1 r.or be subject to the p:ovisiens of Ar_icle .9 (Grievance Procedure) of this Agreement. 0 qi� -'733 � , ARTICLE 8- LEAVES OF ABSENCE 8.1 Leave of Absence - Afrer three month's employment, an employee may make app(ication for a leave of absence not to exceed one }�ear. A leave of absence shall be aranted on the basis escablished in the Cieil Service Ru1es (Resolution No. 3250). 8.2 Sick Leave - Sick ]eave shall accumulate at Lhe rate of A576 of a�vorkina hour for each full hour on the pa;�roll, excluding o��ertime. Sick teave accumulacion is unlimited_ To be eligible for sick leave employees must report to their supervisor no tater than one-half hour past their regular scheduled starting time. The �ranting of sick leave shall be subject to the terms and provisions of Resolution No. 3250 of the City of Saint Paul. 8-3 Any employee who has accumulated sick leave credits as provided above shall be granted leave with pay, for such period of time as the head of the department deems necessary, on account of sickness or injury of the employee, quarantine established by a public health enforcement agency, death of the employee's mother, father, spouse, child, brother, sister, mother-in-law, father-in-law, grandparent. Qrandchild or other person who is a member of the household; and may be granted teave wich pay for such time as is actually necessary for office visiu to a doctor, dentist. optomecrist, etc. 8.4 In the case of a serious illness or disabiliry of an employee's child, parent, or household member, the head of the deparment snall grant leave �� ith pa,, in order for the employee to care for or make arrangements for the care of such sick or disabled persons. Such paid leave shail be drawn from the employees accumulated sick leave credits. Use of such sick leave shall be limited to 40 hours per incident. � ��-��3 ARTICLE 8- LEAVES OF ABSENCE (continued) 8-S \4aternit}� and Parentai Lea�•e - Preanant employees of the Cin� of Saint Paul shall be elieible for the use of paid sick feave and unpaid leave oT absence in dte same manner as any other disabled or ill City employee. Such paid sick leave eliaibilin� shall beQin upon certification by the employee's attending physician that die emplo}�ee is disabled in terms of her ability to perform the duties of her position. A twelve (12) month Parentai leave of absence without pay shall be granted to a natural parent or an adoptive parent, who requests such leave in conjunction with the birth or adoption of a child. Such leave may be extended an additional twelve (12) months by mutual agreement between the employee and the Employer. Refusal on the part of the Employer to grant an extension of such leave shali not be subject to the provisions of Article 6 of this Agreement. Employees who return foliowing such leaves of absence shall be placed in a position of equivalent salary and tenure as the one held just prior [o the beginning of their leave. 8.6 School Conference Leace - An employee shall be granted up to a total of sixteen (16) hours during a school year to attend school conferences or classroom acti��ities related to the employee's chiid. provided the conferences or classroom activities cannot be rescheduled during non-crork hours. If the need for the leave is foreseeable, the employee must provide reasonabie prior notice of the leave and make a reasonable effort to schedule the leaae so as not to disrupt unduly the operation of the Empioyer. An employee shali be allowed to use vacation or compensatory time for this leave; otherwise this leave shall be without pay. [[I; � � ARTICLE 9- MILITARY LEAVE OF ABSENCE ��- w33 9.1 Pa�� Allo�vance - An}� empioyee who shal] be a member of the National Guard, the Naval Militia or any other component of the militia of the state, now or hereafter oraanized or constimted under state or federal lacv, or who shall be a member of the Officer's Reserve Corps, the Enlisted Reserve Corps, the Navai Reserve. the Marine Corps Reserve or an}� other reserve component of the military or nava] force of the United States, now or hereafrer oraanized or constituted under Federal law, shall be entifled to leave of absence from employment without loss of pay, seniority status, efficiency rating, vacation. sick leave or other benefits for all the time n�hen such employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, provided that such leave shall not exceed a total of fifteen (15) days in any calendaz year and, further provided ihat such leave shall be allowed only in case the required military or naval service is satisfactorily performed, which shall be presumed unless the contrary is established. Such leave shali not be allowed unless the employee: (i) returns to his/her position immediately upon being relieved from such military or naval service and not later than the expiration of time herein limited for such leave, or (2) is prevented from so returning by physical or mental disability or other cause not due to such employee's own fault, or (3) is required by proper authority to continue in such military or naval service beyond *he time herein limited for such le2ve. 9.2 Leave Without Pay - Anp employee who engages in active service in time of war or other emergency declared by proper authority of any of the military or na��ai forces of the state or of the United States for which leave is not otherwise allowed bv law shall be entitled to leave of absence from emplo}�ment without pay during such service with right o£ reinstatement and subject to such conditions as are imposed by la�i . 9.3 Such leave of absence as are granted Lnder Aaide 9 shali cenTCrm to iVlinnesoia Stztutes, Section 192. as z�ended from time to time and siiall ccnfe: no additioaal benefits other than those aranted by said starute. 11 Gc�—'��3 ARTICLE 10 - JURY DUTY 10.1 Employees �aho are required to appear in court as jurors or wimesses shall be paid their reQular pay while they are so en�aged, provided however. that an}� fees that employees may receive from the court for such service shall be paid to the Employer and be deposited wich the Director of Finance and ManaQement Sen�ices. An�� employee who is scheduied to �vork a shifr, other than the normal da}�time shifr, shall be rescheduled to work the normal daytime shifr durina such time as he(she is required to appear in court as a juror or witness. 12 ��- i�� ARTICLE I1 - SEVERAIVCE PAY 11 _ 1 The Employer shall provide a severance pa}� proaram as set for[tt in this Article. 112 To be elioible for the severance pay proaram, an emplo��ee mus[ nteet the follo�vin� requiremenu: ` 11.2(1) The employee must be 58 years of age or older or must be eligible for pension under the "rule of 8S' or the "rule of 90" provisions of the Public Employees Retirement Association (PERA). The "rule of 85" or the "rule of 90" criteria shall also apply to employees covered by a public pension plan oiher than PERA. ll.2(2) The employee must be voluntarily separated from Ciry employment or have been subject to separation by lay-off or compulsory retirement. Those employees who are discharged for cause, misconducc, inefficiency, incompetency, or any other discipiinary reason are not eligible for the City severance pay program. 11.2(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 Ciry or in the Independent School District No. 62� may be used in meeting this ten (10) year service requirement. 11.2(4) The emplayee must file a waiver of re-employment with the Director of Human Resources. �vhich will clearly indicate that by requestinQ severance pay, the employee waives ali claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. i 1.2(Si The emplo}�ee must have accumulated a minimun: of sixt} i60) days of sick lea��e credits at the time of his/her separation from ser� ice. i 1.3 If an employee requests severance pay and if the employee meers che eligibiliry requirements set forth above, he or she 1vi11 be Qranted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the emplu� ee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave daps. 11.4 The maximum amount of money that any employee may obtain through �his sevecance pay program is $6,500. 13 °� - `�33 ARTICLE 11 - SEVERANCE PAY (continued) I LS For �he purpose of this severance proaram, a death of an employee shall be considered as separation of employment, and iY at the time of his or I�er death. the employee would have met ali of the requirements set forth above. payment of the severance pay may be made to the employee's estate or spouse. 11_6 For the purpose of this severance proQram, 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 Ciry severance program. 11.7 The manner of payment of such severance pay shatl be made in accordance with ihe provisions of City Ordinance No. 11490. 11.8 This severance pay program shail be subject to and governed by the provisions of Ciry 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. 11.9 The provisions of this anicle shall be effective as of December 24, 1983. 11.10 Any employee hired pr;or to December 31, 1983 may, in any event, and upcn meeting the qualifications of this artic!e or Ciry Ordinance No. 11490, as amended by Ciry Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either [his articie or the ordinance shall constitute a bar to receiving severance pay from the other. Any employee hired after December 31, 1983 shall oniy be entitled to the benefits of this article upon meeting the qualifications herein. 11. ll Articles 11.12 through 11.18 shail apply only to employees aPpeinted afre* Jure 26, 1990. 11.12 The Employer shali provide a severance pay proaram as set forth in Articles 11.13 throuoh ll.20. 11.13 To be eligible for the severance pay program, an employee must meet the foilowing requirements. 14 q�-'�33 , ARTICLE il - SEVERANCE PAY (coutinued) ll.13(1) The employee must be voluntarily separa�ed from [he Cit�� employment or liave been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiencc•. incompetency, or an}� other disciplinary reason are not eliaible for the city severance pa}� program. 1 L 13(2) The employee must file a�vaiver of reemployment with the Human Resources Director, which will clearly indicate [hat 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. 11.13(3) The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of his separation from the service. 11.14 If an employee requests severance pay and if the employee meets the eliQibility requirements set forth above. he or she will be granted severance pay in an amount equal to one-half of the dailg rate of pay for the position held b}� the employee on the date of separation for each dap of accrued sick leave subject to a maximum as shown below based on the number of years of service in the City. Years of Service with the Citv Maximum Severance Pav At I,east 20 21 22 23 24 25 � 5.000 S 6,000 S 7.000 S 8.a00 S 9.000 $10.000 I 1.1� For the purpose of this se�erance program, a death of an emplo}�ee shall be considered as separation of employment and if the emplo}�ee «�ould have met all of the requirements set forth abo��e, at the time of his/her death, payment of the severance pay shall be made to the empio��ee's estate or spouse. 11.16 For the purpose of this se��erance prosram, a transfer from the Cicy of Saint Paul employment to Independent School District No. 62� employment is not considered a separation of employment. and such transferee shall not be eligible for the City severance program. 1� � ARTICLE 11 - SEVERAIVCE PAY (continued) ��D " `�� 11.17 The manner of payment of such severance pay shall be made in accordance with tiie provision of the City's Sz��erance Pay Ordinance. 11.18 This severance pay proaram shall be subject [o and governed by the pro��isions of the City's Severance Pay Ordinance except in those cases where the specific provisions of this Article conflict wi[h said Ordinance and in such cases, the provisions of this Article shall control. 11.19 Notwithstanding Article 11.11, employees appointed prior to June 26, 1990 to a title covered by this Agreement who meet the qualifications as defined by the qualifications as defined in Articles 11.13 and 11.14 may elect to draw severance pay under the provisions of 11.14. However, an election by an employee to draw severance pay under Article i l. i4 shall constitute a bar to drawing severance pay under any other provisions set forth in this Article 11. 11.20 Employees appointed a8er June 26, 1990, to a title covered by this Agreement shall not be eliQible for any severance pay plan other than the provisions set forth in Articles 11.11 through 11.19. 16 ��n"!�9 ARTICLE 12 - CITY MII.EAGE 12.1 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. 12.2 Method of Computation: To be eligible for such reimbursement, all ofFicers and employees must receive written authorization from the Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. Type 2. If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. 12.3 The City will provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of rennbursement 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 or her own personal car available. 12.4 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 file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. 17 q� ARTICLE 13 - RESIDENCY 13.1 The Residency Resolution effective August 4, 1979, in Council File No. 273378 shall apply to all employees covered by this Agreement. �:j g�-�� ARTICLE 14 - WORKING OUT OF CLASSIF'ICATION 14.1 Employer shall avoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) working days shall receive the rate of pay for the out-of-class assagnment in a higher classification not later than the sixteenth (16th) day of such assignment. For the purpose of this Article, an out-of-class assignment is defined as an assignment of an employee to perform, on a full tune basis, all of the significant duties and responsibilities of a position different from the 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 shali be the same rate the employee would receive if such employee received a regular appointment to the higher classification. 19 ��3 ARTICLE 15 - DISCIPLINE 15.1 The Employer wIll discipline employees for just cause only. Discipline will be in the form of: 15.1(1) Oral reprunand; 15.1(2) Written reprimand; 15.1(3) Suspension; 15.1(4) Reducrion; 15.1(5) Discharge 15.2 15.3 A notice in writing of Suspensions, Reductions and Discharges shall be sent to the employee and the union seventy-two (72) hours after such action is taken. Employees and the Union wiil receive copies of written reprimands and notices of suspension and dischazge. 15.4 Employees may examine all information in the Employer personnel file that concerns wark evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the Employer. 15.5 Discharges will be preceded by a five (5) day preluninary suspension without pay. During said period, the employee andlor Union may request, and shail be entitled to a meeting with the Employer representative who initiated the suspension with intent to discharge. During said five (5) day period, the Employer may affirm the suspension and discharge in accardance with Civil Service Rules or may modify, or withdraw same. 15.6 An empioyee to be questioned concerning an investigation or disciplinary action shall have the right to request that a Union representative be present. 15.7 Grievances relating to this Article shall be processed in accordance with existing CivIl Service procedures, except that oral and written reprunands shall be taken up in the grievance procedure under Article 19 (Grievance Procedure). 2� ��/ - �� ARTICLE 16 - INSURANCE 161 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. 16.2 For the purpose of this Article, full-time employment is defined as appearing on the payroll an average of at least 32 hours per week for the twelve (12) month period preceding the annual open enrollment or special enrollments, or far the six (6) month period preceding initial enrollment. Three-quarter time employment is defined as appearing on the payroll an average of at least 26 hours per week, but less than 32 hours per week, for the twelve (12) month period preceding the annual open enrollment or special enrollments, or for the six (6) month period preceding initial enrollment. Half-time employment is defined as appearing on the payroll at least 20 hours per week, but less than 26 hours per week, for the twelve (12) month period preceding the annual open enrollment or special enrollments, or for the six (6) month period preceding the initial enrollment. 16.3 For each eligible employee covered by this Agreement who is employed half-time and who selects employee health insurance coverage, the Employer agrees to contribute fifty percent (50�) of the amount contributed far full-time employees selecting employee coverage in the same insurance plan. For each half-time employee who selects family health insurance coverage, the Employer agrees to contribute fifty percent (50%) of the amount contributed for full-time employees selecting family health insurance coverage in the same insurance plan. For each eligible employee covered by this Agreement who is employed three-quarter time and who selects employee health insurance coverage, the EMPLOYER agrees to contribute seventy-five (75%) of the amount contributed for full-time employees selecting employee coverage. For each three-quarter time employee who selects family health insurance coverage, the Employer agrees to contribute seventy-five percent (75%) of the amount contributed for full-time employees selecting family health msurance coverage. 21 a�-�� ARTICLE 16 - INSURANCE (continued) 16.4 Effective January 1, 1995, 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 the cost of the least expensive employee insurance offered by the Employer. For each eligible full-time employee who selects family health insurance coverage, the Employer will contribute the cost of such family coverage or $326.21 per month, whichever is less. 16.5 Effective January 1, 1996, for each eligible employee covered by this Agreement who is employed full-tune and who selects employee health insurance coverage, the Employer agrees to contribute the cost of the least expensive premium for employee health insurance offered by the Employer. For each eligible full-time employee who selects family health insurance coverage, the Employer's contribution toward family insurance coverage shown above in Article 16.4 shall be adjusted to reflect an increase in an amount equal to fifty percent (50%) of the largest 1995 premium increase for family heaith insurance coverage provided by the Employer. The 1996 contribution is $336.41. 16.6 Notwithstanding Article 16.3, eligible employees covered by this Agreement and employed half-time prior to January 1, 1986, shall receive the same insurance contriburions as a full-time employee. This Article, 16.6, applies only to eligible employees who were employed half-time during the month of December, 1985, and shall continue to apply only as long as such employee remains continuously employed half-time. Retiree Insurance 16.7 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 16.8 through 1611 below, toward a health insurance plan offered by the Employer: 16.7(1) Be receiving benefits from a public employee retirement act at the time of retirement, and 16.7(2) Have severed his/her relationship with the City of Saint Paul for reasons other than misconduct, and 16.7(3) Have completed at least 20 yeazs with the City of St. Paul. 22 �(� -'733 ARTICLE 16 - INSURANCE (Continued) Early Retirees � 16.9 This Section shall apply to full time employees who: 16.8(1) Retire on or before January 1, 1996, and 16.8(2) Were appointed on or before December 31, 1995, and 16.8(3) Have not attained age 65 at retirement, and 16.8(4) Meet the terms set forth in Section 16.7 above, and 16.8(5) Select a health insurance plan offered by the Employer 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 $350.00 per month. For employees selecting family health insurance coverage, the Employer will contribute $350 per month toward the piemium 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 16.10 shall apply. This Section shall apply to full time employees who: 169(1) 16.9(2) 169(3) 169(4) 169(5) Retire on or after January 1, 1996, and Were appointed on or after January 1, 1996, and Have not attained age 65 at retirement, and Meet the conditions set forth in Section 16.7 above, and\ Select a health insurance plan offered by the Employer. Until such retirees reach sixty-five (65) years of age, the Employer agrees to contribute a maximum of $300.00 per month towazd the cost of single or family health insurance coverage. Any unused portion shall not be paid to the retiree. When such early retiree attains age 65, the provisions of Section 16.10 shall apply. 23 q�-�� ARTICLE 16 - INSURANCE (Continued) Regular Retirees (Age 65 and over) 16.10 This Section shall apply to full time employees who: 16.10(1) Retire on ar after January 1, 1996, and 1610(2) Were appointed on or before December 31, 1995, and 16.10(3) Have attained age 65 at retirement, and 16.10(4) Meet the terms set forth in Section 16.7 above, and 1610(5) Select a health insurance plan offered by the Employer The Employer agrees to contribute a maximum of $350.00 per month towazd 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 sha11 not be paid to the retiree. This Section shall also apply to early retirees who retired under the provisions of Section 16.8 when such early retirees attain age 65. 1611 This Section shall apply to full time employees who: 16.11(1) Retire on or after January 1, 1996, and 16.11(2) Were appointed on or after January 1, 1996, and 16.11 (3) Have attained age 65 at retirement, and 16.11(4) Meet the terms set forth in Sections 16.7 above, and 16.11(5) Select a health insurance plan offered by the Employer The Employer agrees to contribute a maximum of $300.00 per month toward the cost of single or family heakh insurance coverage offered to regular retirees and their dependents. Any unused portion shall not be paid to the retiree. This 5ection shali also apply to early retirees who xetired under the provisions of Section 16.9 when such early retirees attain age 65. 16.12 If an employee does not meet the condition of Section 16.7(3), but has completed at least ten (10) year of service with the City, he/she may purchase single or family health insurance coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by the retiree. 1613 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's health insurance program. I�.'� a� -�33 ARTICLE 16 - INSURANCE (continued) 1614 For each eligible employee the Employer agrees to contribute the cost $15,000 of life msurance coverage. 16.15 Any cost of any premium for any City-offered employee or family insurance coverage in excess of the dollar amounts stated in this Article 16 shall be paid by the employee. 16.16 The Employer will provide a system whereby the employee's contribution towazd the premiums for the employee's selected health insurance coverages can be paid on a pre-tax basis. Employees covered by the Agreement will be eligible to participate in the Flexibie Spending Account as offered by the Employer. The service fee charged to participating employees shall be paid by the employee. 16.17 Employees covered by this Agreement shall be eligible to participate in the Dependent Caze Reimbursement Account offered by the Employer. The service fee charged to participating empioyees shall be paid by the Employer. 16.18 The contributions indicated in this Article 16 sha11 be paid to the Employer's Third Party Administrator. Survivor Insurance 16.19 The surviving spouse of an employee carrying family coverage at the time of his/her death due to a job connected injury or illness which was determined to have arisen out of and in the course of his/her employment under worker's compensation law shall continue to be 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: 16.19(1) Subsequent remarriage ofthe surviving spouse of the deceased employee or retiree. 16.19(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. 25 qlo - �133 ARTICLE 17 - HOLIDAYS 17.1 Holiday recognized and observed. The following days shall be recognized and observed as paid holidays: New Years Day - January 1 Martin Luther King Day - 3rd Monday of January Presidents' Day - 3rd Monday of February Memorial Day - The last Monday of May Independence Day - 7uly 4 Labor Day - 1 st Monday of September Veterans' Day - November 11 Thanksgiving Day - 4th 1�hursday of November The Day After Thanksgiving 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. 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. Far those employees assigned to a work week other than Monday through Friday, the holiday shall be observed on the calendar date of the holiday. 17.2 The floating holidays set forth in Section 171 above may be taken at any time during the contract year, subject to the approval of the Department Head of any employee. 173 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 warking 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 heretofare eligible shall receive holiday pay. 26 �� `�� ARTICLE 17 - HOLIDAYS (continued) 17.4 If an employee entitled to a holiday is required to work on Martin Luther King Day, Presidents' Day, Veterans' Day or the Day after Thanksgiving he/she shall be a anted another day off with pay in lieu thereof as soon thereafter as the convenience of the department pernuts, or he/she shall be paid on a straight time basis for such hours worked, in addition to his/her regular holiday pay. Employees assigned to a twelve (12) hour shift shall have holiday overtime using a twelve (12) hour value. If an employee entifled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, he/she shall be recompensed for wark done on this day by being granted compensatory time on a time and one half basis or by being paid on a time and one-half basis for such hours worked, in addition to his/her regular holiday pay. Employees assigned to a twelve (12) hour shift shall have holiday overtime using a twelve (12) hour value. 27 �l�O ' ! �.� ARTICLE 18 - VACATION 181 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, excluding overtime. Years of Service 1 st yeaz thru 4th year Sth yeaz thru 9th yeaz l Oth year thru 15th year 16th year thru 23rd yeaz 24th yeaz and thereafter Hours of Vacation .0385 (10 days) .0616 (16 days) .0731 (19 days) .0885 (23 days) .1000 (26 days) 18.2 The head of the department may permit an employee to cany over into the °vacation year" beginning December 7, 1985, and each "vacation year" thereafter up to one-hundred twenty (120) hours of vacation. For the purpose of this article the "vacation year" shall be the fiscal yeaz (IRS payroll reporting year). 183 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Sub. H. 18.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he/she may convert any part of such excess of vacation at the rate of one-half day's vacation for each day of sick leave credit. The masimum number of days' vacation allowed by the conversion of sick leave credits shall be no more than five days in any one 'bacation year". �:? q� -�� A.RTICLE 19 - GRIEVANCE PROCEDURE 19.1 The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargauung unit. The Union shall notify the Employer in writing of the names of the Stewards and of their successors when so named. 19.2 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. 193 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinazy action as provided by Article 15, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. Grievances shall be resolved in conformance with the following procedure: Step L 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 referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within fourteen (14) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated Employer supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt 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. f►�L9 ��-��3 ARTICLE 19 - GRIEVANCE PROCEDURE (continued) 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) calendaz 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. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The azbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an azbitrator within the said seven (7) day period, either parry may request the Public Employment Relation Board to submit a panel of five (5) arbitratars. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1 st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 19.4 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrazy 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 close of the heazing 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 arbitrator'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. 30 �� ARTICLE 19 - GRIEVANCE PROCEDURE (continued) 19.5 The fees and expenses for the azbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each pariy 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, providin� it pays for the record. 14.6 The time lunits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. 19.7 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 Civil 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. 31 a�-��3 ARTICLE 20 - WAGE SCHEDULE 20.1 The wage schedule for purposes of this contract shall be Appendix A attached hereto. 32 ��-`733 ARTICLE 21 - STRIKES, LOCKOUTS, WORK INTERFERENCE 211 The Union and the Employer agree that there shall be no strikes, work stoppages, slow-downs sit-downs, stay-ins, or other concerted interference with the Employer s business or affairs by said Union and/or the members thereof, and there shall be no bannering during the e�stence of this Agreement without fust using all possible means of peaceful settlement of any controversy which may arise. 33 gt� � `�33 A.RTICLE 22 - NON-DISCRIMINATION 221 The terms and conditions of this Agreement will be applied to employees equally without regazd to, or discrnnination for or a�ainst, any individual because of race, color, creed, sex, age, or because of inembership or non-membership in the Union. 22.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. 34 q� - i�3 ARTICLE 23 - SAFETY SHOES 23.1 T'he Employer agrees to pay $40.00 in 1995 and $50.00 in 1996 toward the cost of a pair of safety shoes purchased by an employee who is a member of this unit. The Employer shall contribute towazd the cost of one pair of shoes per contract year and shall not be responsible for any additional cost for any additional shoes thereafter. This reimbursement of shall be made only after investigation and approval by the immediate supervisor of that employee. The Employer contribution shall apply only to those employees who are required by the Employer to wear protective shoes ar boots. 35 �� - 733 ARTICLE 24 - TERMS OF AGREEMENT 241 Complete Agreement and Waiver of Bargaining - This Agreement shall represent the complete Agreement between the Union and the Employer. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make requests and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity aze set forth in this Agreement. Therefore, the Employer and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subj ect or matter referred to or covered in this Agreement. 24.2 Savings Clause - 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. 243 Terms of Agreement - 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 the 31 st day of December, 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 1984. In witness thereof, the parties have caused this Agreement to be executed this a�y� day of Jun2 , 1996. 24.4 This constitutes a tentative Agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City, the City Council, and is also subject to ratification by the Union. � ��'] 33 ARTICLE 24 - TERMS OF AGREEMENT (continued) WITNESSES: CTTY OF ST. PAUL � Mary Kearney City Labor Negotiator INTERNATIONAL LTNION OF OPERATING ENGINEERS, LOCAL NO. 70 Dick Lally Darwin Fure pr�t � C.�� v Sandra Bremer � ; Recording Secretary � Bill Nash Business Represent e o 70 R cot e�deric - Steward � // Mike rost - Steward � Terry Mar dey - Stewar f��y,�.,,�J,%"'( i.,/ - �� • Ken N vack - ewar Larry ovotny - Ste ard �� Chuck Bell - Stewazd _�$' �� APPENDIX A - WAGES The wage rates and salary ranges for classifications in this unit are as follows: Effecfive 12-24-94 First After 6 mos. 6 mos. Building Maintenance Engineer Chief Operating Engineer--Civic Ctr Custodian-Engineer I Custodian-Engineer I---Library Custodian-Engineer I--Public Safety Custodian-Engineer II Custodian-Engineer II---Library Custodian-Engineer III Custodian-Engineer III--Library Filter Plant Operator I Filter Plant Operator II House Custodian II Instrument Repairer (Filter Plant) Maintenance Worker Operating Engineer Operating Engineer--Civic Center Pumping Engineer I Pumping Engineer II Pumping Engineer III Sewer Pumping Station Operator Supervising Stationary Engineer Trainee (Custodian-Engineer) Water Plant Aide Water Plant Operator I $17.58 $19.03 $15.28 $15.28 $15.28 $15.63 $15.63 $16.79 $16.79 $16.53 $17.51 $11.59 $17.51 $16.53 $17.51 $17.51 $16.53 $17.51 $19.03 $18.26 $1737 $ 8.17 $15.29 $16.79 $17.58 $19.80 $15.96 $15.96 $15.96 $16.51 $16.51 $17.72 $17.72 $17.21 $18.23 $11.59 $18.23 $17.21 $18.23 $18.23 $17.21 $18.23 $19.80 $18.97 $18.07 $ 8.17 $15.99 $17.47 Effective-12-24-94 Start Custodian $1333 Custodial Worker $11.85 After After 6 mos. 1 vear $13.73 $13.95 $12.21 $12.47 - A1 - Effective 12-23-95 First After 6 mos. 6mos. $18.07 $19.55 $15.73 $15.73 $15.73 $16.08 $16.08 $17.27 $17.27 $17.00 $18.00 $11.96 $18.00 $17.00 $18.00 $18.00 $17.00 $18.00 $19.55 $18.77 $17.86 $ 8.47 $15.74 $17.27 $18.07 $2034 $16.42 $16.42 $16.42 $16.98 $16.98 $18.21 $18.21 $17.69 $18.73 $11.96 $18.73 $17.69 $18.73 $18.73 $17.69 $18.73 $2034 $19.49 $18.57 $ 8.47 $16.45 $17.96 After 2 vears $1439 $12.91 Q�-'733 APPENDIX A - WAGES (continued) After Effecfive-12-23-95 Start 6 mos. Custodian $13.74 $14.14 Custodial Worker $12.23 $12.59 PARK RANGERS Effective 12-24-94 0 -500 hrs 501 -1000 hrs 7.94 8.42 Effective 12-23-95 8.24 8.73 1001 -1500 hrs 8.90 9.22 After 1 vear $1437 $12.86 1501 + hrs 9.59 9.92 CUSTODIAN (LIGHT DUTY) Effective 12-24-94 726.61 75118 775.76 80130 830.00 858.61 877.07 896.46 Effective 12-23-95 75234 777.40 802.47 828.53 857.80 886.98 905.81 925.59 After 2 veazs $14.82 $1331 SECURITY OFFICER Effective 12-24-95 897.04 933.79 967.66 1004.46 1044.06 1087.86 1110.41 1138.70 Effective 12-23-95 926.18 963.67 998.21 1035.75 1076.14 1120.82 1143.82 1172.67 -A2- �i� -'�33 APPENDIX A - WAGES (continued) SECURITY OFFICER--WATER UTILITY Effecfive 12-24-94 943.92 974.73 1006.71 1041.09 1078.18 ll19.39 1147.85 ll73.67 Effective 12-23-95 974.00 1005.42 103 8.04 1073.11 1110.94 1152.98 1182.01 1208 34 Personnel hired for employment with the City after the date of the signing of this agreement, to a class listed in ARTICLE 1 above, shall be compensated at the "0 - 6 months" hourly wage rate during their probationary period. After completion of the probationary period the employee shall be paid at the "after 6 months" hourly wage rate. Employees promoted from any class listed in ARTICLE 1 above to any class listed in ARTICLE 1 above shall receive the "after 6 months" hourly wage rate. Temporary employees shall be paid the minimum rate indicated in this APPENDIX for the classification in which they are employed. SALARY INCREASE: The above December 24, 1994 rates represent a Two (2.0%) Increase and the December 23, 1995 rates represent a Two (2.0%) increase plus $.14 per hour for employees whose job involves use or handling of hazardous material/blood born pathogens. The retroactivity shall apply only to employees who are City employees on the date of the signing of this Agreement. �� qt�-�33 APPENDIX B- COMO PARK CONSERVATORY/ZOO LAYOFFS As of the date of signing of this Agreement, the following four (4) employees were employed in the classifications indicated below in the Como Park/Zoo work station. EMPLOYEE Otimo Vasquez William Struss Edward Erichsen Thomas Stellwag CLASSIFICATION Custodian-Engineer II Custodian-Engineer II Custodian-Engineer II Operating Engineer Notwithstanding ARTICLE 53 of this Agreement, in the event it is determined by the EMPLOYER that it is necessary to reduce the work force at the above referenced work station, employees will be laid off based on the inverse order in which their names appear in this Appendix B, regazdless of the classification indicated following their name. This Appendix B will only apply to the above named employees as long as they remain continuously employed in the classification indicated and at the above referenced work station. In the event an employee's classification or work station is changed, this Appendix B will no longer be applicable to such employee. This Appendix B applies only to the four employees listed above in this Appendix B. : q� - �'33 MEMORANDUM OF AGREEMENT The City of Saint PauI hereinafter referred to as the "Employer", and I.U.O.E. Loca170, hereina8er referred to as the "Union", agree that the Operations Department at the McCarron's Fiitration Plant at 1900 Rice Street, St. Paul, can impiement a work schedule consisting of three (3) twelve-hour days (1) four-hour day. This agreement is established pursuant to 29 U.S.C. § 207 (b) (1) of the Fair Labor Standards Act. It is further understood that employees within the Operations Department may, on a voluntary basis, agree to a pay period consisting of six (6) twelve-hour days and one(1) eight-hour day. The Union acknowledges that the affected employees hereby waive any and all claims to premium pay (overtime) for hours in excess of forty per week which res�it from this substitute schedule. The Union also acknowledges that for the employees covered by this Memorandum of Agreement, Article �.4 of the current collective Bargaining Agreement shail be revised to read "630" a.m. to "6:00". The result of this is that the employees working the 630 a.m. to 6:30 p.m. shift shall receive no premium pay for the last half-hour, while those working the shift beginning at 6:30 p.m. will receive the night differential for the hours worked on thae shift. Both parties agree that this Memorandum of Agreement shall become null and void imrnediately upon the Department of Labor filing a clann against the Employer, or upon the Department of Labor uphoiding the claim of an individual against the Employer as a result of this substitute work schedule. The undersigned have read and understand the above Agreement. Signed this c�y� day of �ng. , 1996. CTTY OF SAINT PAUL LU.O.E., LOCAL 70 `� � Mary . Kearney Dick Laliy, Bus gr. Directar of Labor Relations , /��/r.�, Bili Nash, B s. Rep. � ,�rTi�-� . Mik Trost, Steward F.ALqBREUCONSRAC'11DPENG701MOAHOURS. qC� - `133 1995 - 1996 LABOR AGREEMENT - between - THE CITY OF SAINT PAUL -and- INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 70 � INDEX ARTICLE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 TITLE Preamble . . . . . . . . . . . . . . `��' ��J PAGE ........................ii Recognition ......................................1 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Dues - Fair Share . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Management Righu . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Hours, Premium Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 I,eaves of Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 Military Leave of Absence . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 7uryDuty ...................................... 12 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Mileage ........................................ 17 Residency ...................................... 18 Working Ou[ of Classification . . . . . . . . . . . . . . . . . . . . . . . . . 19 Discipline .................................... .. 2Q Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 1� Holidays . . . ....:. ..............................26 18 Vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 19 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 20 Wage Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 21 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . 33 ?2 Non-Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 23 Safety Shoes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 24 Terms of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Appendix A - Wages . . . . . . . . . . . . . . . . . . . . . . . . . . Appendix B- Como Park Conservatory/Zoo Layoffs ..... .. A1 ... B1 i � Q� - �33 PREAMBLE This A�reement has been entered into betcveen the City of Sain[ Paul, hereafrer referred to as the Employer, and Local Union No. 70, International Union of Operating Engineers, AFL-CIO, hereafter referred to as the Union. This Agreement has as its purpose the promotion of harmonious relations between the Employer and the Union, the establishment of an equitable and peaceful procedure for the resoluTion of differences, and the establishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge thac they shall pursue the above objectives in full compliance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1984, as amended. ii �� 33 ARTICLE 1 - RECOGNITION l.l The Employer recognizes the Union as the sole and exclusive bargaining agent for the purposes of establishing wages, benefits, hours and other conditions of employment for all of its empioyees as outlined in the certification by the State of Minnesota, Bureau of Mediation Services, under Case No. 73-PR-449-A, as amended, to read as follows: All reaular, probationary, and provisional engineerin� and buildina main[enance personnel who are employed by the City of St. Paul or who have their "terms and conditions of employment" established by the governing body of the City of St. Paul, and whose employment service exceeds the lesser of 14 hours per week or 35 percent of the normal work week and more than fi7 work days per year in the Tollowing classifications: Building Maintenance Engineer, Chief Operating Engineer--Civic Center, Custodial Worker, Custodian, Custodian Engineer I, Custodian Engineer I—Library, Custodian Bngineer I--Public Safety, Custodian--Engineer II, Custodian Engineer II--Library, Custodian Engineer III, Custodian Engineer III--Library, Filter Plant Operator T, Filter Plant Operator II, Custodian (Light Duty), House Custodian II, Instrument Repairer (Filter Plant), Maintenance Worker, Operating Engineer I, Operating Engineer II, Operating Engineer--Civic Center, Park Ranger, Pumping Engineer I, Pumping Engineer II, Pumping Engineer III, Security Officer, Sewer Pumping Scation Operator, Stadium Supervisor, Supervising Stationary Engineer, Watchman--Water Department, Water Plant Operator I, Water Plant Aide, Trainee (Custodian Engineer): excluding supervisory, managerial, clerical confidential, temporary and emergencti� employees, those exclusively represented by other labor or employee organizations, and all other employees. 1.2 The parties agree chat any new classificatior�s which are an expansion of the above bargaining unit oz which derive from the ciassifications set forth in this AQreement shall be recognized as a part of this bargainin� unit, and the parties shall take all steps required under the Public Employment Relations Act to accomplish said objective. 1 �� ARTICLE 2 - DEFINTTIONS 2.1 Collective Bargaining - The Employer wili bargain collectively with the Union and with respect to rates of pay, hours and other conditions pertaining to employmen[ for all of the employees in the unit herein6efore set forth. 2.2 Maintenance of Standards - The Employer agrees that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and �eneral working conditions sball be maintained at not less than the highes� minlmum standard as set forth in the Civii Service Rules of the City of Saint'Paul, (Resolution No. 3250 and the Saint Paul Salary Plan and Rates of Compensation) at the time of the signing of This Agreement, and the canditions of employment shall be improved wherever speci�c provisions for improvement are made elsewhere in this Agreement. 2.3 Discrimination - The Employer will not interfere with, restrain or coerce the employees covered by this Agreement because of inembership in or activity on behalf of the Union. The Employer will not discrirninate in respect to hire, tenure of employment or any term or condition of employment against any employee covered by this Agreement because of inembership in or activity on behalf of the i3nion, nor will it discourage or attempt to discourage membership in the Union, or attempt to encourage membership in another Union. 2.4 The term "Empioyer" shail mean the City of St. Paul or the St. Paul Wacer Utility. � q� �'��3 ARTICLE 3- DLTES - FAIR SHARE 3.1 Dues - The Employer agrees to deduct the Union membership initiation fee assessments and once each month dues from the pap tQ those employees who individually request in writino that such deducticns be made. The amounts to be deducted shall be certified to the Employer by a representative of the Union and the aggregate deductions of ali employees shali 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. 3_2 Fair share - Any present or future employee who is not a Union member shall be required to contribute a fair share fee for services rendered by the Union. Upon notification by the Union, ffie Empioyer shali check off said fee from the earnings of the employee and transmit the same to the Union. In no instance shail the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiation and administration of grievance procedures. This provision shall remain operative only so long as specificaily provided by Minnesota law, and as otherwise legai. 3.3 The Union will Sndemnify, defend and hold the Employer harmless against any claims made and against any suits instituted against the City, its officers or employees, by reason of negligence of the CJnion in requesting or receiving deductions under this Article. The City will indemnify, defend and hold the UNIGN harmless against any claims made and against any suits instimted against the Union, its officers or employees by reason of negligence on the part of the Employer in making or forwarding deductions under this ArticIe. 3 �(� - '7 33 ARTICLE 4 - UNION RIGHTS 4.1 The Union may designate employees within the barQaining unit to serve as Union Stewards and shall be required to administer this A�reement. 4.2 The Union shall furnish the Employer and appropr9ate Department Heads and L,abor Relations Director with a list of Stewards and alternates, and shalt, as soon as possible, notify said appropriate City officials in writing of any changes ihereto. Only those who are Officers and Stewards shall be recognized by ihe Employer for the purpose of meetings. 43 There shall be no deduction from the pay of a Steward when directly involved in meetings with management relating to the administration of this Agreement during working hours. 4.4 Designated Union Representatives shali be permitted to visit empioyees an job sites and at department buildings during working hours for the purpose of the administration of this contract. 4.5 Shop Steward - One shop steward from each department will be allowed to accompany an employee's authorized representative during regular working hours forthe purpose of wage, salary, or fringe benefit discussions or other problems of their particular concern involving employees of the City of St, Paul under the foilowin� conditions: 4.5. i That only one employee from any one department be aliowed to leave hislher work. 4.5.2 That the steward be expected to attend these meetings on hisJher o�vn time when they are held outside of his/her regular workina hours. 4.5.3 That adequate notice is given to the department heads so that permission may be obtained. 4.5.4 That the steward has officially been desianated as such by the Union that he/she represents. 4.5.5 Union Conventions - Duly elected Union delegates shall be granted time off without pay for one week to attend such convention. Vacation or compensatory time may be used for this purpose. The Union shall give at least ten working days advance notice of The emptoyees who wi11 be participating in such conventions. � � ARTICLE 5 - SENIORITY g� �`733 �.1 Seniority, for the purpose of this Agreement, shalt be defined as foliows: The length of continuous, regular and probationary service with the Emp(oyer from the date an employee was first appointed to a class title covered by rbis Agreement, it being further understood that seniority is confined to the current class assignment held by an employee. In cases where two or more employees are appointed to the same class title on the same date, the seniority shail be determined by the employee's rank on the eligible list from which certification was made. 5.2 Seniority shall ternunate when an employee retires, resigns, or is discharged. 5.3 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 titie within each department based on inverse length of seniority as defined above. 5.4 In cases where there are promotional series, such as Custodian Engineer I, II, III, etc., when the number of employees in the higher titles is to be reduced, employees who have heid lower tities in the bargaining unit will be offered reductions to the highest title to which class seniority would keep them from being laid off, before layoffs are made by any class citle in any department. `.5 Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after two years of layoff. �.6 It is understood that such employees wi11 pick up their former seniority date in any class of positions that they previously held. 5 �1� - r�3 ARTICLE 6 - MANAGEMENT RIGHTS 6.1 The Union recognizes the right oY 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 officiall}� abridged, delegated, or modified by this Agreement are retained by the Employer. 62 A public Employer is not required to meet and neQotiate 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. � �b-`�33 ARTICLE 7- HOURS, PREMIIJM PAY 7.1 Hours of Employment - The normai work day and the normal work week shall be 8 consecutive hours in any 24-hour period and 40 hours in an}� 7-day period. {For employees on a shift basis, this shall be construed to mean an average of forry hours a week.) The normal work week shall consist of 5 consecutive normal work days. Within the Division of Libraries, the normal work week shall consist of 5 consecutive normal work days followed by two (2) consecutive days off. 7.2 Call-in-Pay - When an employee is cailed to work helshe shall receive two hours pay if not put to work. If an employee is called to work and commences work, heJshe shall be guaranYeed four straight time hours pay. These provisions, however, shall not be effective when work is unable to proceed because of adverse weather conditions; nor sha11 these provisions appiy to temporary or emergency empioyees nor to employees employed under any of the tides listed in Section 3.M of the Civil Service Rules under the heading "Special Employments"; nor to any person whose regular scheduled workday is less than four hours. 7.3 Overtinie - Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by the order of the head of the department. An Empioyee shall be recompensed for work done in excess of the normal hours by being granted compensatory tune on a time and one-half basis or by being paid on a time and one-half basis for such overtime �vork. The basis on which such overtime shall be paid shall be deternuned by the employee provided there is money in the budget. The overtime rate of one and one-half shall be computed on the basis of 1/80th of the bi-weekly rate. 7.4 Premium Pay - To any employee who works on a regularly assianed shift beginning earlier than 6 a.m. or ending later than 6 p.m., provided that at least five hours of the shift are worked between the hours of 6 p.m. and 6 a.m., rhere shall be paid a night differential for the entire shift_ To any employee who works on a regularly assigned shif[, beginning earlier than 6 a.m. or ending later than 6 p.m., but less than five hours of the shift are worked between the hours of 6 p.m. and 6 a.m. there sha11 be paid a night differential for the hours worked between the hours of 6 p.m. and 6 a.m. Notwithstanding Section III B of the Saint Paul Salary Plan and Rates of Compensation, employees working at the Water Udliry's Filtration Plant and who are reaularly assigned to a shift which beoins at 230 p.m. shall be eligible for the night dif#erential as stated in Section III B for the entire shifr 7 J ARTTCLE 7- HOURS, PREMIUM PAY (continued} `1� �� 7.5 The night differential shall be 5% of the base rate, and shall be paid only for those night shifts actualiy worked; provided, however, that the provisions of this subsection shatl not apply to emergency or temporary employees in the Auditorium, or to employees holding tities listed in Section II of the Saint Paul Salary Plan and Rates of Compensation under the heading "Special Employments" in this bargainin� unit. 7.6 A premium pay of twenry-five (25) cents per hour shall be paid for all swing stage work, such as any work performed from a boatswain's chair or a swing scaffold, fifty (50) feet or more above the ground. All standard safety laws shali be complied with. 7J Notwithstanding Article 7.1, empioyees may, through mutua( agreement with the Employer, work schedules other than schedules limited by the normal work day and work week as set forth in Article 7.1. Overtime compensation for employees working under such agreements shall be subject to the provisions, for same, as set forth by the Fair Labor Standards Act. 7.8 For employees who wish to share a position, the Employer will attempt to provide options for implementing a sharin� arrangement. Such an arrangement must be mutually agreed upon by the Employer and the employees involved. Vacation, holiday, and sick leave benefits for employees who share a position shall be pro-rated based upon the percent oi hours worked. Health insurance benefits shall be administered in accordance with the provisions of Article 16 (Insurance) of this Agreement. In the event tt�at one of the employees participating in the shared position is terminated or terminates empioyment, 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 increasina the remaining employee's work hours. � 7.9 Articies 7.7, aad 7.8 shall nor be subject to the provisicns of Articie i9 (Grievarce Procedure) of this Agreement. : q� - `��3 ARTICLE $ - LEAVES OF ABSENCE 8.1 Leave of Absence - After three month's employment, an employee may make application for a leave of absence not to exceed one year. A leave of absence shali be granted on the basis established in the Civil Service Rules (Resolution No. 3250). 8.2 Sick Leave - Sick leave shall accumulate at the rate of .0576 of a workin� hour for each fuil hour on the pa}�roll, excluding overtime. Sick leave accumulation is unlimited. To be eligible for sick leave employees must report to their supervisor no Iater than one-half hour past their regular scheduled starting time. The �ranting of sick leave shall be subject to the terms and provisions of Resolution No. 3250 of the City of Saint Paui. 8.3 Any employee who has accumulated sick leave credits as provided above shall be granted leave with pay, for such period of time as the head of the department deems necessary, on account of sickness or injury of the employee, quarantine established by a public health enforcement agency, death of the employee's mother, father, spouse, child, brother, sister, mother-in-law, father-in-law, grandparent, grandchild or other person who is a member of the household; and may be granted leave wich pay for such time as is actually necessary for office visits to a doctor, dentist, optome[risc, etc. 8.4 In the case of a serious illness or disability of an employee's chiid, parent. or household member, the head of the department shall grant leave �vith 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 employees accumulated sick leave credits. Use of such sick leave shall be limited to 40 hours per incident. 7 �� - �� ARTICLE 8- LEAVES OF ABSENCE (continued) 8.5 Maternity and Parental Leave - Pre�nant 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 Ciry employee. Such paid sick leave eligibiliry sha11 begin upon certification by the employee's attending physician that the employee is disabled in terms of her abiliry to perform the duties of her position. A twelve (12) month Parental leave of absence without pay shall be granted to a natural parent or an adoptive parent, who requests such leave in conjunction with the birth or adoption of a chitd. Such Ieave 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 6 of this Agreement. Employees who return following such leaves of absence shall be placed in a position of equivalent salary and tenure as the one held just prior to the beginning of their leave. 8.6 School Conference Leave - 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 rescheduled during non-work hours. If the need for the leave is foreseeable, the employee must provide reasonable prior notice of the leave and make a reasonahle effort to schedule the leave so as not to disrupt unduly the operation of the Employer. An employee shall be ailowed to use vacation or compensatory time for this leave; otherwise this teave shatl be without pay. 10 � ARTICLE 9- MILITARY LEAVE OF ABSENCE q��`I33 9.1 Pay Allowance - Any employee who shall be a member of the National Guard, the Naval Militia or any other component of the militia of the state, now or hereafter organized or constituted under state or federal law, or who shall be a member of the Officer`s Reserve Corps, the Enlisted Reserve Cotps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the United States, now or hereafter organized or constituted under Federal law, shall be entitled to leave of absence from employment without loss of pay, seniority status, efficiency rating, vacation, sick leave or other benefits for all the time when such employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, provided that such leave shall not exceed a total of fifteen (15) days in any calendar year and, further provided that such leave shall be allowed only in case the required military or naval service is satisfactorily performed, which shall be presumed uniess the contrary is established. Such leave shali not be allowed unless the employee: (1) returns to hislher posirion immediately upon being relieved from such military or naval service and not later than the expiration of time herein limited for such leave, or (2) is prevented from so retuming by physical or mental disability or other cause not due to such employee's own fault, or {3) is required by proper authority to coniinue in such military or naval service beyond the time herein limited for such leave. 9.2 Leave Wifhout Pay - Any employee who engages in active service in time of war ar other emergency declared by proper authority of any of the military or naval forces of the state or of the United States for which leave is not otherwise allowed by law shail be entitled to leave of absence from empioyment without pay during such service with right of reinstatement and subject to such conditions as are imposed by law. 9.3 Such leave of absence as are granted under Article 9 shali cenform to Minnesota Statutes, Section i92, as 2mended from time to time and siiall ccnfer no additionai benefits other than those granted by said statute. 11 �� "`�� ARTICLE 10 - JiTRY DUTY 10.1 Employees who are required to appear in court as jurors or witnesses shall be paid their regular pay while they are so engaged, provided however, that any fees that employees may receive from the court for such service shail be paid to the Employer and be deposited with the Director of Finance and Management Services. Any employee who is scheduled ta work a shift, other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as helshe is required to appear in court as a juror or witness. 12 �� - '733 ARTICLE 11 - SEVERANCE PAY 11.1 The Employer shall provide a severance pay proeram as set forch in this Article. 11.2 To be eligible for the severance pay program, an employee must meet the foliowing requirements: 11_2(1) The employee must be 58 years of age or older or must be eligibie for pension under the "rule of 85" or the "rule of 90" provisions of the Public Employees Retirement Association (PERA). The "rule of 85" or the "rule of 90" criteria shall also apply to employees covered by a pubiic pension plan other than PERA. 11.2(2) The employee must be voluntarily separated from City employment or have been subject to separation by lay-off or compuisory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any o[her disciplinary reason are not eligible for the City severance pay program. 11.2(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 eiiher the City or in the Independent Schoot District No. 625 ntay be used in meeting this ten (10) year sereice requirement. 11.2(4) The employee must file a waiver of re-empioyment 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. 11.2(5) The employee must have accumulated a minimum of sixt}� (6Q) days of sick leave crediTS at the time of hisfher separation from service. 11.3 If an empioyee requests severance pay and if the employee meets the elioibiliry requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily iate of pay for the position heid 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. 11.4 The maximum amount of money that any empioyee may obtain through this severance pay program is $6,500. 13 � ARTTCLE 11 - SEVERANCE PAY (continued) �� "�� 1 i.5 For the purpose of this severance pro2ram, a death of an employee shall be considered as separation of employment, and if at the time of his or her death. the employee would have met ali of the requirements set for�h above, payment of the severance pay may be made to the employee's estate or spouse. 11.6 For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 11.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 11.8 This severance gay program shall be subject to and govemed by the provisions of City Ordinance No. 11490 except in those cases where the speci£ic provisions of this article conflict with said ordinance and in such cases, the provisions of this article shali control. 11.9 The provisions of this articie shall be effective as of December 24, 1983. I1.10 Any employee hired prior to December 31, 1983 may, in any event. and upon meeting the qualifications of this articte or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section i, section 6, draw severance pay. However, an etection by the employee to draw severance pay under either this article or the ordinance shall constitute a bar to receiving severance pay from the other. Any employee hired after December 31, 1983 shall only be entitled to the benefits of this article upon meeting the gualifications herein. 11.11 Articles 11.12 through 11.1$ shall apply only to employees appointed after June 26, 1990. 11.12 The Employer shall provide a severance pay pro;ram as set forth in Articles 11.13 through 11.20_ 11.13 To be eligibie for the severance pay program, an employee must meet the following requirements. 14 a�-�� , ARTICLE 11 - SEVERANCE PAY {continued) ll.13(1) The empioyee must be voluntarily separated from the Clty employment or have been subject to separation by layoff or compulsory retirement. Those employees who are dischar�ed for cause, misconduct, inefficiency, incompetency, or any other discipiinary reason are not eligible for the city severance pay pro�ram. 11.13(2) The employee must file a waiver of reemployment with the Human Resources Director, which wiil 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. 11.13(3) The employee must have an accumulated balance of at least eighry (80) days of sick leave crediu at the time of his separation from the service. 11.14 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the emgloyee on the date of separation for each day of accrued sick leave subject to a maximum as shown below based on the number of years of service in the City. Years of Service with the CitY Maximum Severance Pay At Lzast 20 21 22 23 24 25 $ 5,000 $ 6,000 $ 7,000 $ 8,000 $ 9,000 �10,000 11.15 For the purpose of this severance program, a death of an empio}-ee shall be considered as separation of emgloyment and if the empioyee would have met all of the requirements set forth above, at the time of riis/her death, payment of the severance pay shall be made to the emptoyee's estate or spouse. 11.16 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 [ransferee shail not i�e eligible for the City severance program. 1J ��-`�33 ARTICLE 11 - SEVERANCE PAY (continued) 11.17 The manner of payment of such severance pay shall be made in accordance with the provision of the City's Severance Pay Ordinance. 11.18 This severance pay program shall be subject to and governed by the provisions of the City's Severance Pay Ordinance 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. 11.19 Notwithstanding Articie 11.11, employees appointed prior to June 26, 1990 to a title covered by this Agreement who meet the quallfications as defined by the qualifications as defined in Articles 11.13 and 11.14 may elect to draw severance pay under the provisions of 11.14. However, an election by an employee to draw severance pay under Article 11.14 shall constitute a bar to drawing severance pay under any other provisions set forth in this Article 11. 11.20 Employees appointed after June 26, 1990, to a title covered by this Agreement shall not be eligible for any severance pay plan other than the provisions set forth in Articles i l. l i through 11.19. Q� , �� - '?33 ARTICLE 12 - CITY MILEAGE 12.1 Automobile Reimbursement Authorized: Fursuant 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. 122 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. Type i. If an empioyee is required to use his/her own automobile OCCASIONALLY during empioyment, 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 $.20 per mile for each mile actually driven. If such empioyee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shail be reimbursed at the rate of $.20 per mile driven and shall not be ellgible for any per diem_ Type 2. If an empioyee is required to use his/her own automobile REGLTI,ARLY during employment, the employee shall be reimbursed at the rate of �4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such emplc;�ee is required to drive an zutomobile during employment and the depar[ment head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. 123 The Ciry will provide parking at the Civic Center Parking Ramp for Ciry 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 oe provided only for tne days tile employee is required to have his or her own personal car availabie. 12.4 Rules and Regulations: The Mayor shall adopi rules and regulations governing the procedures for automobile reimbursement, which regutations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain au[omobile liability insurance in amounts of not less than $100,000!$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not ]ess than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. 17 �b - �133 ARTICLE 13 - RESIDENCY 13.1 The Residency Resolution effective AuQust 4, 1979, in Council File No. 273378 shall app]y to all employees covered by this A�reement. 18 ��-�33 ARTICLE 14 - WORKING OUT OF CLASSIFICATION 14.1 Employer shall avoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any employee workin� an out-of-class assignment for a period in excess of fifreen (15) working days shali receive the rate of pay for the out-of-class assignment in a higher classification not tater than the sixteenth (16th) day of such assignment. For the purpose of this Article, an out-of-class assignment is defined as an assignznent of an employee to perform, on a full time basis, all of the significant duties and responsibilities of a position different from the employee's regular position, and which is in a classification higher than the classification held by such employee. The race of pay for an approved ou[-of-class assignment shall be the same rate the employee would receive if such employee received a regular appointment to the higher classification. 19 q� ARTICLE 15 - DI5CIPLINE l�.l The Employer will discipline employees for just cause only. Discipline will be in the form of: 15.1(1) oral reprimand; 15.1(2) Written reprimand; 15.1(3) Suspension; 15.1(4) Reduction; 15.1(5) Discharge 15.2 A notice in writing of Suspensions, Reductions and Discharges shall be sent to the emQloyee and the union seventy-two {72) hours af[er such action is taken. 15.3 Employees and the Union will receive copies of written reprimands and notices of suspension and discharge. 1�.4 Employees may examine all information in the Employer personnel file that concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the Employer. 1�.3 Discharges wili be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and(or Union may request, and shail be entitled to a meeting with the Employer representative who initiated the suspension with intenc to discharge. During said five (5) day period. the Employer may affirm the suspension and discharge in accordance with Civil Service Rules or may modify, or withdraw same. 15.6 An employee to be questioned concerning an investigadon or disciplinary ac[ion sha11 have the right to request that a Union representative be present. 1�.7 Grievances relating to this Article shall be pracessed in accordance with existing Civil Service pro�edures, except that ora] and written reprimands shall be taken up in the grievance procedure under Article 19 (Grievance Procedure). 20 q(�"'��j A.RTICLE 16 - INSLJRANCE 16.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by the Employer sha11 be solely controlled by the contracts negotiated by �he Empioyer and the benefit providers. The Employer will attempt to prevent any changes in the benefiu offered by the benefit providers. However, the employees selecting the offered plans agree to accept any changes in benefits which a specific provider implemenu. 16.2 For the purpose of this Article, fuil-time emplovment is defined as appearing on the payroll an average of at least 32 hours per week for the twelve (12) month period preceding the annual open enrollment or special enrollments, or for the six (6) month period preceding initial enrollment. Three-quarter time employment is defined as appearing on the payroll an average of at least 2b hours per week, but less than 32 hours per week, for the tweive (12) month period preceding the annuai open enrollment or special enrollments, or for the six (6) month period preceding initial enroilment. Half-time employment is defined as appearing on the payroll at least 20 hours per week, but less than 26 hours per week, for the tweive (12) month period preceding the annual open enrollment or special enrollments, or for the six (6) month geriod preceding the initial enrollment_ 16.3 For each eligible employee covered by this Agreement who is employed half-time and who selects employee heaiTh insurance coverage, the Employer agrees to contribute fifry percent (50%) of the amount contributed for fu11-time employees seleccing employee coverage in the same insurance plan. For each half-time empioyee who selects family heaith insurance coverage, the Empioyer agrees to contribute fifty percent (50%o) of the amount contributed for full-time employees selectina family health insurance coverage in the same insurance plan. ror each eligible emptoyee covered by this Agreement who is employed three-quarter time and who selects employee heaith insurance coverage, the EMPLOYER agrees to contribute seventy-five (7570) of the amount contributed for full-time employees selecting empioyee coverage. For each three-quarter time employee who selects family health insurance coverage, the Employer agrees to contribute sevenry-five percent (75 %) of the amount contcibuted for full-time employees selecting family health insurance coverage. 21 � ARTICLE 16 - INSURANCE (continued) ql�- �33 16.4 Effective 3anuary 1, 1995, for each eligible emplo}�ee covered by this Agreement who is emp3oyed full-time and w.ho selects employee health insurance coverage, the Employer aarees to contribute the cost of the least expensive employee insurance offered by the Employer. For each eligible full-time employee who selects family health insurance coverage, the Employer will contribute the cost of such family coverage or $326.21 per month, whichever is less. 16.5 Effective January 1, 1996, for each eligible employee covered by this Agreement who is empioyed full-time and who selects employee health insurance coverage, the Employer agrees to contribute the cost of the least expensive premium for employee health insurance offered by the Employer. For each eligible full-time employee who selects family health insurance coverage, the Employer's contribution toward family insurance coverage shown above in Article 16.4 shall be adjusted to reflect an increase in an amount equal to fifry percent (50%) of the largest 1995 premium increase for family heaith insurance coverage provided by the Employer. The 1996 contribution is $336.41. 16.6 Notwithstanding Article 16.3, eiigible employees covered by this Agreement and employed half-time prior to 7anuary i, 1986, shall receive the same insurance contribudons as a full-time employee. This Article, 16.6, applies only to eiigible employees who were employed half-time during the month of December, 1985, and shall continue to apply oniy as long as such employee remains continuously empioyed half-time. Retiree Insurance 16.7 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 16.8 through 16.1 I below, toward a heaith insurance plan offered by the Employer: 16.7(I ) Se receiving benefits from a public employee retirement act at the time of retirement, and 16J(2) Have severed his/her relationship with the City of Saint Paul for reasons other than misconduct, and 16J(3) Have compleCed at least 20 years with the City of St. Paul. � qb - ��3 ; ARTICLE 16 - INSURANCE (Contiaued) Earl}' Retirees 16.8 This Section shall agpty to fuil time employees �;�ho: 16.8(1) Retire on or before Januar}= l. 1996, and 16.8(2) Were appointed on or before December 31, 1995. and 16.8(3) Have not attained age 6� at retirement, and 16.8(4) Meet the terms set forth in Section 16.7 above, and 16.8(5) Select a health insurance plan offered by the Employer Until such employees reach sixty-five (65) yeazs of age, the Employer aorees 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 $35Q.00 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 shail not be paid to the retiree. When such early retiree attains age 6�, the provisions of Section 1610 shall apply. 16.9 This Section shall apply to full time employees who: 169(I ) Retire on or after January I, 1996, and 16.9(2) Were appointed on or after January 1, 1996, and 16.9(3) Have not attained age 65 at retirement, and 16.9(4) Meet the conditiQns set forth in Section 16.7 above, and\ 16.9(�) Select a health insurance plan offered by the Employer. Until such retirees reach siaty-five (6�) years of aQe, the Employer agrees to contribute a maximum of $3G0.00 per month toivard the cost of single or family health insurance coverage. Any unused portion shall not be paid to the retiree. When such early retiree attains age 65, the provisions of Section 16.10 shall apply. � 9�-��3 ARTICLE 16 - INSURAI�TCE (Continued) Regular Retirees (Age 6� and o��er) 1610 This Section shatl apply to full time emplo}'ees �uho: 16.10(1) Retire on or after January l, 1996, and 16.10(2) Were appointed on or before December 31 16.10(3) 16.10(4) 16.10(5) 1995,and Have attained age 65 at retirement, and Meet the terms set forth in Section 16J above, and Select a heaith insurance plan offered by tl�e Employer The Employer agrees to contribute a maximum of $350.00 per month toward the premium for single or familv health insurance coverage offered by the Employer to regular retirees and their dependents. Any unused portion of the Employer's contribuuon shall not be paid to the retiree. This Section shall also appl}� to early retirees who retired under the provisions of Section 16.8 when such eazly retirees attain age 65. 16.11 This Section shall apply to full time employees who: 16.11(1) Retire on or after January 1. 1996, and 16.11(2) Were appointed on or after January 1, 1996. and 16.1 I(3) Have attained age 65 at retirement, and 16.1 I(4) Meet the terms sei fortla in Sections 16.7 above, and 16.11(5) Select a health insurance plan offered 6y tl�e Employer The Employer agrees to contribute a maximum of $300.00 per month toward the cost of single or famil} health insurance coverage offered to regular retirees and their dependents. Anc unused portion shall not be paid to the retiree. This Section shali also appl j� to early retirees who retired under the provisions of Section 16.9 when such eazly retirees attain age 65. 1 b.12 If an employee does not meet the condition of Section 16J(3), but has completed at least ten (10) year of service with the City, he/she may purchase single or family health insurance coverage through the Employer's insurance pro�ram. The total cost of such insurance coverage shall be paid by the retiree. 16.1; A retiree may not carry his/her spouse as a dependent if such spouse is aiso a City retiree or City enlpto�'ee and eligible for and is enrolled in the City s health insurance program. 24 , ARTICLE 16 - INSURANCE (continued) 9� " �13J 16.14 For each eligible employee the Bmployer agrees to contribute the cost $1 �,OQO o£ life insurance covera�e. 16.15 Any cost of any premium for any City-offered employee or family insurance coverage in excess of the dollar amounu stated in this Article 16 shall be paid by the empiayee. 16.16 The Employer will provide a system whereby the employee's contribution toward the premiums for the employee's selected health insurance coverages can be paid on a pre-taY basis. Employees covered by the Agreement will be eligible to participate in the Flexibie Spending Account as offered by the Employer. The service fee charged to participating employees shall be paid by the employee. 16.17 Employees covered by this Agreement shall be eligible to participate in the Dependent Care Reimbursement Account offered by the Employer. The service fee charged to participating employees shall be paid by the Employer. 16.18 The contributions indicated in this Article 16 shall be paid to the Employer's Third Party Administrator. Survivor Insurance 16.19 The surviving spouse o; an emp;o}ee c�ying family coverage at the time of his/her death due to a job connected in}ury or illness which was determined to have arisen out of and in the course of hislfier employment under workers compensation law shali 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 thirry (30) days to continue the current hosp:talizatioa 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 coveraQe shall cease in the erent of_ 16.19(I ) Subsequent remarriaae of the surviving spouse of the deceased employee or retiree. 16.19(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 emplo}�ment. 25 q� - � 33 ARTICLE 17 - HOLIDAYS 17.1 Holiday reco�nized and observed. The follovrin, days shall be recognized and observed as paid holidays: New Years Day - lanuar} 1 Martin Luther King Day - 3rd Monday of January Presidents' Day - 3rd Monday of February Memorial Dap - The last Monday of May Independence Day - July 4 Labor Day - 1 st Monday of September Veterans' Da�� - November I 1 Thanksgiving Day - 4th Thursday of November The Day After Thanksgiving 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. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shal] be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunda}, the succeeding Monday shall be observed as the 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. 17.2 The floating holidays set forth in Section 17.1 above may be taken at any time during the contract yeaz, subject to the approval of the Department Head of any employee. 17.3 Eligibility Requirements In order to be eligible for a holiday with pay, an employee's name must appear on the payroil on any six workin� days of the nine working days preceding the holiday; or an employee's nanie must appear on the payroll the last working day before the holiday and on three other working days of the niile working days precedi�zg the holida} . In neither case shall t�`�e holiday be counted as a�vorking day for the purposes of this seciion. It is funher understood that neither temporary, emergency nor other employees not heretofore eligible s11a11 receive holiday pay. 26 Q� - `�33 ARTICLE 17 - HOLIDAYS (continued) 17.4 If an employee entitled to a holiday is required to �vork on Martin Luther Kine Day, Presidents' Day, Veterans' Day or the Day after Thanksgiving he/she shall be granted another day off with pay in lieu thereof as soon thereafter as the com�enience of the department permits, or he/she shall be paid on a straight time basis for such hours worked, in addition to his/her regular holida}� pay. Employees assigned to a twelve (12) hour shift shall hace holiday overtime usins a twelve (12) hour value. If an employee entitled to a holiday is required to work on New Year's Day. Memorial Day, Independence Day, Labor Day. Thanksgivin� Day or Christmas Day, helshe sha11 be recompensed for work done on this day by being granted compensatory time on a time and one half basis or by being paid on a time and one-half basis for such hours worked, in addition to his/her regular holiday pay. Employees assigned to a twelve (12) hour shift shall have holiday overtime using a twelve (12) hour value. 27 �C� - `l33 ARTICLE 18 - VACATION I 8.1 Vacation credits shall accumulate at the rates shown below for each fuil hour on tl�e payroll, excludina overtime. Years of Service 1 st year thru 4th year 5th yearthru 9th year l Oth year thru 1�th year I6th year thru 23rd year 24th yeaz and thereafter Hours of Vacation 0385 (10 days) .0616 (16 days) .0731 (19 days) .088� (23 days) .1000 (26 days) 18.2 The head of the depar[ment may permit an employee to cany over into the 'bacation year" beginning December 7, 1985, and each "vacation yeaz° thereafrer up to one-hundred twenty (120) hours of vacation. For the purpose of this article the "vacation year" shall be the fiscal year (IRS payroll reporting yeaz). 18.3 The above provisions of vacation shall be subject to the Saint Paul Salar� Plan and Rates of Compensation Section I, Sub. H. 18.4 I: an employee has an accumnlation of sick ieave credits in excess of one hundred and eaghty days, he/she may convert any part of such excess of vacation at the rate of one-half day's vacation for each day of sick leave credit. The maximum number of days' vacation allowed by the conversion of sick leave credits shall be no more than five days in any one "vacation year". 28 ��p `` I�J�J � ARTICLE 19 - GRIEVANCE PROCEDLTRE 19.1 The Employer sha11 recoenize Ste� ards selected in accordance �vith Union rules and reaulatious as the �rievance representative of the bargaining unit. The Union shail notify the Employer in �c riting of the names of the Stewards and of their successors when so named. 19.2 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 Qrocessed 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. 19.3 The procedure established by this Article sl�all be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article 15, for the processing of grievances, which are defined as an alieged violation of the terms and conditions of this Agreement. Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee invoived shall attempt to resoive the matter on an informa: basis with the employee's supexvisor. If the matter is not resolved to the employee's satisfaction b}� the informal discussion, it may be reduced to writin� and referred to Step 2 by the Union. The written grievance shall set forth the nature of ihe grievance. the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. An}' alleged violation of the Agreement not reduced to writing by the Union within founeen (14) calendaz days of the first oceurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occunence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grieva�ue a designated Employec supervisor shall meet with dle Linion Steward and attempt to resolve the grievance. If. as a result of this meeting, the grievance remains unresolved. the Employer shall reply in wciting to die Unioti witliin three (3} calendai days following this meeTing. The Union nlay refer the grie��ance in writiiig to Step 3 within severi (7} calendar days followiilg receipt of the Emgloyer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days fo(towing receipt of the Employer's answer shall be considered �n�aived. � g� �'�33 ARTICLE 19 - GRIEVANCE PROCEDURE (continued) Sfep 3. Within seaen (7) calendar da}�s followin� receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Uuion Business Manager or his designated representative and attempt to resolve the srievance. Within seven (7) calendar days foltowing this meeiina the Employer shall reply in writm� to the Union stating the Employer's answer concernina the grievance. If as a result of the �vritten response the grievance remains unresolved. the Union may refer the grie� ance 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. Step 4. If the grievance remains unresol��ed, the Union may withii� seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutuai agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relation Board to submit a panel of five (�) arbitrators. Both the Employer and the Union shall have the riaht to strike two (2) names from the paneL The Union shail strike the first (lst) uame; the Employer shal] then strike one (I) name. The process will be repeated and the remainine person sha11 be the arbitrator. � 19.4 The arbitrator shail have no right to amend, modify, nullify, ignore, add to. or subtract from the provisions of this Agreement. The azbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on ang other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modif}�ing or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbiCrator s decision shall be submitted in writin� within thirty (30) da� s following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agcee to an extension. The decision shall be based solely on the arbitxator's interpretatiou or applicatiou of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and bindins on the Employer, the Union, and fhe employees. 30 q(�- r�� ARTICLE 19 - GRIEVANCE PROCEDURE (continued) ] 9.5 The fees azid expenses for the arbitrator's services and proceedines shall be bome equally by the Employer and the linion, provided that each party s11a11 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 tnade. pro�'idinr it pavs for the record. 19.6 The time limits in each step of this procedure may be extended bv mutual agreement of the Employer and the Union. 19.7 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 Civil 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. 31 Q� - �33 ARTICLE 21 - STRIKES, LOCKOUTS, WORK INTERFERENCE 21.1 The Union and the Employer agree that there shall be no strikes. work stoppages, slow-downs, sit-downs, stay-ins, or oiher concerted interference �vith the Employer's business or affairs by said Union and/or the members thereof, and there shall be no bannering during the existence of this Agreement ticithout first usin� all possible means of peaceful settlement of any controversy which may arise. 33 � ARTICLE 22 - NON-DISCRIMINATION �� ,� J ✓ 22.1 The terms and conditions of this A�reement will be applied to employees equally without regard to, or discrimination for or asainst, any individual because of race, color, creed, sex, age, or because of inembexship or non-membership in the Union. 22.2 Employees wili perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the aeneral public. 34 `��C'�� ARTICLE 23 - SAFETY SHOES 23.1 The Employer agrees to pay $40.00 in 199� and ��0.00 in 1996 toward the cost of a pair of safety shoes purchased by an employee who is a member of this unit. The Employer shall contribute toward the cost of one pair of shoes per contract } ear and shall not be responsible for any additional cost for any additional shoes thereafter. T1iis reimbursement of shall be made only after investi�ation and approval b�� the immediate supervisor of that employee. The Employer contribution shall apply only to those employees who are required by the Employer to wear protective shoes or boots. 35 ��- �� ARTICLE 24 - TERMS OF AGREEMENT 24.1 Complete Agreement and Waiver of Bargaining - This Agreement shall represenY the complete Agreement between the Union and the Employer. The parties acknowledge that during the negotiations which resulted in this A�reement, each had the unlimited right and opportunity to make requests and proposals with respect to any subject or matter not removed by law from the azea of collective baraaining, and that the complete understandings and agreements azrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Employer and the Union, for the life of this Agreement, each voluntari(y and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement. 242 Savings Clause - 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 courC 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. 24.3 Terms of Agreement - 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 the 31st day of December, 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 1984. In witness thereof, the parties have caused this Agreement to be execuTed this ay� day of Jon 2 , 1996. ^ 24.4 This constitutes a tentarive Agreement between the parties which will be recommended by the City Negotiator, buT is subject to the approval of the P.dministration of the City, the City Council, and is also subject to ratification by the Union. 36 Q1, -`l 33 ARTICLE 24 - TERMS OF AGREEMENT (continued) WITNESSES: CTTY OF ST. PAUL � Mary� Kearney City Labor Negotiator INTERNATIONAL TJNION OF OPERATING ENGINEERS, LOCAL NO. 70 Dick Lally B ne s Managef ��. Danvin Fure Presi n Sandra Bremer � ;� Recording Secretary �i.L� ///� Bill Nash Busis� ss e es tive c 7 Ronald Scott eideric - Steward _ � Mike ost - Steward �- �� Terry Mar ey - Stewazd ��,� �r ��,�- Ken vack - St ard Larry votny - Ste rd ��-�z--. �'�e�G Chuck Bell - Steward � q��3 , APPENDIX A - WAGES The wa�e rates and salary ranaes for classifications in this unit are as follows: Effective 12-24-94 First After 6 mos. 6 mos. Building Maintenance Engineer Chief Operating Engineer--Civic Ctr Custodian-Engineer I Custodian-Engineer I---Library Custodian-Engineer I--Public Safety Custodian-Engineer II Custodian-Engineer II---Library Custodian-Engineer III Custodian-Engineer III--Library Filter Plant Operatoi I Filter Plant Operator II House Custodian II Instrument Repairer (Filter Plant) Maintenance Worker Operating Engineer Operating Engineer--Civic Center Pumping Engineer I Pumping Engineer II Pumping Engineer III Sewer Pumping Station Operator Supervising Stationary Engineer Trainee (Custodian-Engineer) Water Plant Aide Water Piant �perator I $17.58 $19.03 $15.28 $15.28 $15.28 $15.63 $15.63 $16.79 $16J9 $1b.53 $17.51 $11.59 $17.51 $16.53 $17.51 $17.51 $16.53 $17.51 $19.03 $18.26 $1737 $ 8.17 $15.29 $16.79 $17.�8 $19.80 $15.96 $15.96 $15.96 $16.51 $16.51 $17.72 $17.72 $17.21 $18.23 $11.59 $18.23 $17.21 $18.23 $18.23 $17.2i. $18.23 $19.80 $18.97 $18.07 $ 8.i7 $15.99 $17.47 Effective-12-24-94 Start Custodian $1333 Custodial Worker $11.85 After Afrer 6 mos. 1 vear $13.73 $13.95 $1221 $12.47 -Al- Effective 12-23-95 First Afrer 6 mos. 6mos. $18.07 $19.5� $15.73 $15.73 $15.73 $16.08 $16.08 $17.27 $17.27 $17.00 $18.00 $ I I .96 $18.00 $17.00 $18.00 $18.00 $17.00 $18.00 $19.55 $18.77 $17.86 $ 8.47 $15.74 $17.27 $18.07 $2034 $16A2 $16.42 $16.42 $1G.98 $16.98 $18.21 $18.21 $17.69 $18.73 $11.96 $18.73 $17.69 $18.73 $18.73 $17.69 $18.73 $2034 $19.49 $18.57 $ 8.47 $16.45 $1796 Afrer 2 vears $14.39 $12.91 q�-`�33 APPENDIX A - WAGES (continued) After Effective-12-23-95 Start 6 mos. Custodian $13.74 �14.14 Custodial Worker $12.23 $1259 After 1 vear �1437 $12.86 After 2 vears $14.82 $13.31 PARK RANGERS Effective 12-24-94 0 -500 hrs 501 -1000 hrs 7.94 8.42 Effective 12-23-95 8.24 8.73 1001 -1500 hrs 8.90 9.22 1501 +hrs 9.59 9.92 CUSTODIAN (LIGHT DUTI� Effective 12-24-94 726.61 75118 775J6 80130 830.G0 858.61 877.07 896.46 Effective 12-23-95 75234 777.40 802.47 828.53 857.80 886.98 9U5.81 925.59 SECURITY OFFICER Effective 12-24-9� 897_04 933.79 967.66 1004.46 1044.06 1087.86 1110.41 1138.70 Effective 12-23A5 926.18 963.67 998.21 1035.75 1076.14 1120.82 1143.82 1172.67 , -A2- q� APPENDIX A - WAGES (continued) SECURITY OF�'ICER--WATER UTILITY Effecfive 12-24-94 943.92 974.73 1006.71 1041.09 107818 111939 1147.8� ll73.67 Effective 12-23-9� 974.00 1005.42 1038.04 1073.11 1110.94 I I�2.98 1182.01 120834 Personnel hired for employment with the City after the date of the signing of this agreement, to a class listed in ARTICLE 1 above, shall be compensated at the "0 - 6 months" hourly wage rate during their probationary period. After completion of the probationazy period the employee shall be paid at the "after 6 months" hourly wage rate. Employees promoted from any class listed in ARTICLE 1 above to any class listed in ARTICLE 1 above shall receive the "after 6 months" hourly wage rate. Temporary employees shall be paid the minimum rate indicated in this APPENDIX for the classification in which they are employed. SALARY INCREASE: The above December 24, 1994 rates represent a Two (Z.0%) Increase and the December 23, 1995 rates represent a Two (2.0%) increase plus �.14 per hour Yor employees whose job involves use or handling of hazazdous material/blood born pathogens. Ihe retroactivity shall apply only to emplo��ees who are City employees on the date of the signing of this Agreement. -A3- q�-7�3 APPENDIX B- COMO PARK CONSERVATORYIZOO LAYOFFS As of the date of signing of this Agreement, the followina four (4) employees were employed in the classifications indicated below in the Como Park/Zoo work station. EMPLOYEE CLASSIFICATION Otimo Vasquez Custodian-Engineer II William Struss Custodian-Engineer II Edward Erichsen Custodian-Engineer II Thomas Stellwag Operating Engineer Notwithstanding ARTICLE 5.3 of this Agreement, in the event it is determined by the EMPLOYER that it is necessary to reduce the work force at the above referenced work station, employees will be laid off based on the inverse order in which their names appeaz in this Appendix B, regazdless of the classification indicated following their name. This Appendix B will only apply to the above named employees as long as they reinain conrinuously employed in the classification indicated and at the above referenced work station. In the event an employee's classification or work station is changed, this Appendix B will no longer be applicable to such employee. This Appendix B applies only to the four employees listed above in this Appendix B. � C q�-�33 MEMORANDUM OF AGREEMENT The City of Saint Paul hereinafrer referred to as the "Employer", and I.U_O.E. Local 70, hereinafrer referred to as the "Union", agree that the Operations Department at the McCarron's Filtration Plant at 1900 Rice Street, St. Paul, can implement a work schedule consistin� of three (3) twelve-hour days (1) four-hour day. This aareement is established pursuant to 29 U.S.C. § 2o7 (b) (1) of the Fair L.abor Standards Act. It is further understood that employees within the Operations Department may, on a voluntary basis, agree to a pay period consisting of six (6) twelve-hour days and one(1) eight-hour day. The Union acknowledges that the affected employees hereby waive any and all claims to premium pay (overtime) for hours in excess of forty per week which result from this substitute schedule. The Union also acknowledges that for the employees covered by this Memorandum of Agreement, Article 7.4 of the current collective Bargaining Agreement shall be revised to read "6:30" a.m. to "6:00". The result of this is that the employees working the 6:30 a.m. to 6:30 p.m. shift shall receive no premium pay for the last half-hour, while those working the shift beQinning at 6:30 p.m. will receive the night differential for the hours worked on Ihat shift. Both parties agree that this Memorandum of Agreement shall become null and void imme3iately upon the Department of Labor filing a claim against the Employer, or upon the Department of Labor upholding the claim of an individual against the Employer as a result of this substitute wark schedule. The undersigned have read and understand the above Agreement. Signed this ay� day of �,�Un2 , 1996. CITY OF SAINT PAUL Mary . Kearney Director of Labor Relations I.U.O.E.. LOCAL 70 ��/�� Bill Nash, B� s. Rep. ,GG � Dick Lally, Bus gr. .��. Mik Trost, Steward P,La6REl\CONTRACTOPENG401MOAHpURS