The URL can be used to link to this page

96-735�RIGlN�L Presented by Refeired To RESOLUTION CITY OF SAINT PAUL, MINNESOTA Council File # + Z �S Green Sheet # 35784 � Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1995 - 1996 Collective Bazgaining Agreement between the City of Saint Paul and the Manual and Maintenance Supervisors Union. Requested by Department of. Office of Labor Relations B H"� Form App ed by.City tto g � G'Z�i'7�I Adopted by Council Date � Adoption Certified by Council Secretary B y' ,/��, ��►•'�� Approved by Mayor. Date �a2 °/ By � -K �S� Approve� a�r for missio to Council B 1�e� Y ✓ DEPARTMENT/OFFICE/COti\CIL: DATE INITIATED GREEN SHEET No.• 35784 �`�� 3� LABOR RELATIONS May 21, 1996 ' CO'.�TACI'-PERSO\&PAO\E: ppSSIG� L�717nilDn7E L.7TL�LnaTE MARY A KEARNEY 266-6495 ?iti\1BER 1 DEP,ARTME\T DIR. - 4 CITY COL'.V'CIL FOR 2CIT1'ATTOR\EY CITY CLERK MliSTBEO\ WtitiCILAGESD�1 BY(DATE) ROti'II?�G BUDGETDIR. FIS &MG7.SERVICEDIR. ORDER 3 MAYOR (OR ASSTJ TOTAL C OF SIG;�A7'tiRE PAGES 2 (G7,IP ALL LOCATIOVS FOR SIGi�ATtiRE) ncrio:� �QuESrEV This resolution approves the attached 7anuary 1, 1995 through December 31, 1996 agreement between the City of Saint Paul and the Manual and Maintenance Supervisors. � � JUN 2 7 1�96 RECOMMENDATIOSS: Approvz (A) or Re�ea (R) PERSONAL SERVICE CONTRACTS VIUST ANSW'ER THE FOLLOWING ' QUESTIONS: PLA�v'NIKG CO:bf?JIISSIO\ _CIVIL SERVICE COMMISSION 1. Has ihis persodfirm evec worked under a contract for this department� CIB COMMITTEE Yes No STAFF 2. Has this personifimi ever bern a city employee? DISTRICTCOliRT Yes No SUPPORTS W HICH COL^eCIL OBJECTIVE� 3 Does this person/firm possess a skill not nonnally possessed b}' any cun'rnt nty employee? Yu No Explain all yes answers on sepante sheet and attach to green sheet ItiITIATI!VG PROBLEDI, ISSUE, OPPORTL':CITY (Who, What, When, Where, N'hy): See Attached. anva.:vTncES cF.�rrxovEn An Agreement in place through December 31, 1996 DISADVANTAGES IF APPRO\'ED NOIlO. DISADVANTAGES IF NOT APPROVED: NO SetYIe1112IlY C23C}le(1 311C1 3iU11r2t1011.. TOTAL Ab70U!CT OF TRAVSACTIO\: COST/REVE?VUE BtiDGETED: FUNDItiG SOtiRCE: ACTIVITY NUMBER: FINANCIAL ISFORMATIOV: (EXPLAIN) q�-�35 Attachment to Green sheet 1995-1996 Manual and Maintenance Supervisors I. Duration: This contract will be effective January 1, 1995, and shall continue in effect through December 31, 1996. 2. Wages: a. Effective 12/24/94: 2% across the board. b. Effective 12/23/95: 2% across the board. 3. Deferred comp: Effective in 1996 1. Employees with greater than 15 yeazs of service: $300 2. Employees with greater than 20 years of service: $500 Based on a dollar for dollar match . 4. Active Insurance: Effective 1/1/95 326.21/month for family Effective 1/1/96 the Employer's contribution toward family insurance coverage shown above for 1996 shali be adjusted to reflect an increase of fifty percent (50%) of the largest 1996 premium increase for family health insurance coverage provided by the Employer. 5. Retiree health insurance: A. No change for employees retiring before date of final contract approval. B. Full time employees must meet the following requirements at the time of their retirement to be eligible for the Employer contributions toward retiree health insurance benefits described below: l. be receiving benefits from a public employee retirement act; AND 2. have severed their relationship with the City of Saint Paul for reasons other than misconduct; AND 3. have completed at least 20 years of service with the City of Saint Paul. C. For those employees hired prior to 1/1/96. 1) Early Retirees Insurance: Single or family contribution not to exceed $350. 2) Regular Retirees (65 and older) The City will contribute $550 to the cost of single or family q�-'135 D. For those employees hired on/after 1/1/96, 1) Early Retirees Insurance: The City will contribute $300 toward the cost of single or family msurance. 2) Regular Retirees (65 and older) The City shall provide $300/ month towazd the cost of single or family insurance. 6. Safety Shoes: The EMPLOYER agrees to pay $40.00 in 1995 and $50.00 in 1996 for safety shoes purchased by an employee who is a member of this unit. �r r Z � 7 J W f � � F Z W W J F� W f/i �. O Y. Z � 2° � � O O V a d v I I _ � � >< o t �. L .-. — �O �O � HJ N� u yb =�0 �O C 5 N � C 3� 3_ o d�_ E o � �L > y�> �� NC' �C �C �C O� y � � - � � M 2 m � � a � u O V� 3 f ^ � u�i 6 M �� Z_ Zf ZV Z�C ZS Z= ZS � � � Y N m � � i 3 9 „ � m' �� O O V � } � O � � U �' � �. � w �° 0 � V > N V ' �� ` Vf N � C R d A 0 O Y Q n _ y,c'_ z� A oc e �v I 1 m� n J' �C � �O b C � � A C r 'r v d q C V � � U U L N W O� O O 2 ��M Y C � C � n � C � C E`^ n O ?� .n �«` «g »° g Zc u E F� u b. � � C �� ZO ZU ZU Z.�V !�� 1�w �) N !f T N N uf N N V � � Y C Y ` Y � m O � : m �„ �_„` �„ o� m = m'S � � � � � � � � d` �' �,-� i ► 9 d �O m � u � � U <J � N� f C V 1�1 q V O �� r � O � �i u � 3= 3_ �` °-'uo E � : � V J� V M� N V� � d � V S V ,n ��n d a h z L � 'j w `c •w m j o d d Y O d 3 V� 51 u�i �� y� u�i v 2E Z� ZU Z�V 2� ZE 2E � � � � - p Q" �� C �1 � � 9 . � � � r) �`/'}'� - _�+�$�. I'n N •-f N 6J' � � N " y� P O � 1�L V C N "1 nl W d c A� a�i � O y 3 �3 �a �� d� �� v� � O q � �Y. wC S�ii �Yi� w� Y.� m oV m�U m� m� m5 � � � � � � �? = � ` 1 ' -� � d _ — ° a ;� e � , V 6 d � N N � O N. N� � �� n � Y m m y O d � d � 3d 3 ' �v; � o � �I H >�C >C O N_._ `y `Y gd (ry ad sq �+ A i� u u u � � � � d � � � d' :� A M i � C ' �° m' uc d�c 3M �� O�E 2f �i Z�U Z� Z= Z5 � B � � � �[ .OI�� l �� I� I 4 � l` tw �+ _ T m ^ N ' �n i�:: �n � , .i ct 'C .n m ._. d m � �`odp � A 3 yd NCL � q 0 q � C . _ � = e �_ „�-= x„ �„ �„ � m m'V o�V m� m5 oE C = L' ` �= 9 �� O` 1` ` �=3 r t " � C�Id� r_ P � Q 9 N N m� N'�GN C � N d �i y � C �� N Y S C C N p W O� O � M C n T G � �� c .3oc �rA s CE « r «a' M,.�', Zm V£ �� 51 � d J � p �� E A� Y` � A in zo zu zu z:v r �F°» Q l 1� a � I � I .-e'. o � . eC} ^ _ t � � � � � � � n � � p ` � y d z � ° a `O n i u� O O » �= a= xe xES d� o O s V a V a� V ^� � N N N ' � O O A R ` r � � W u OE�' O� � x'e �� E � N L y p , �� m0 o V vU m� V � �t � `�� 1 �' � i t i �/ � 6 � �-I i {�� ! N Nf _' N d Y { m I f P � P P L T r C ' � � C � y C t C U y S Y N q W O� O � M C �� C C I �'� 3`n .�°. c��t d$ mn uE � M � ` M� M� Q Z O V E V1 � I �� 3 E 3� E� ' E e� =�n � ZO ZV ZV ZWV r� F.n � I ' � 1 i I � � �. I N PI T N � 1 f I � � � � /y � � C C ' . d p � W C • • ` N I 2� X j d r ' L O y y I & d � � � � $ E E » � m� m V mU m�i V oF ! K 9L -'13� � n A ^ L � ' �g L � �� N y� Q � < � N � � E � d > ` m C E = � y & N p� O Q 7 J _ � � ( n N N ' � I` ' � � � � � INxm � � ' J � I � L >. I d�C I "°' s„�_ I <d`v °� � - �3S 1995 - 1996 LABOR AGREEMENT BETWEEN THE CITY OF SAINT PAUL AND THE SAINT PAUL MANUAL & MAINTENANCE SUPERVISORS ASSOCIATION q(��s INDEX ARTICLE TITLE PAGE 1 Purpose of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Recognition .....................................2 3 Maintenance of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Employer Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Employer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Association Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Employee Rights-Grievance Procedure . . . . . . . . . . . . . . . . . . . . 8 8 Savings Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 9 Seniority ...................................... 12 10 Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 11 Constitutional Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 12 Overtune and Premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 13 Uniforms ...................................... 17 14 Vacation ...................................... 18 15 Holidays ...................................... 19 16 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 17 City Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 18 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 19 Working Out of Classification . . . . . . . . . . . . . . . . . . . . . . . . . 31 20 Sick Leave and Parental I,eave . . . . . . . . . . . . . . . . . . . . . . . . 32 21 No Strike, No Lockout . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 22 Right to Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 23 Deferred Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 24 Wage Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 25 Terms of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 �1, c� —'1 �S ARTICLE 1- PURPOSE OF AGREEMENT 1.1 This AGREEMENT is entered into between the Ciry of Saint Paul, hereinafter called the EMPLOYER, and the St. Paul Manual and Maintenance Supervisors Association, hereinafter called the ASSOCIATION. i.l.l Assure sound and mutually beneficial working and economic relationships between the parties hereto; 1.1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT' S interQretation and/or application; and 1.1.3 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. 1.2 The EMPLOYER and the ASSOCIATION, through this AGREEMENT, shall continue their dedication to the highest quality public service to the residents of the City of Saint Paul. Both parties recognize this AGREEMENT as a pledge of this dedication. 1 °I,t� -� � S ARTICLE 2 - RECOGNTI'ION 21 The EMPLOYER recognizes the ASSOCIATION as the exclusive representative, under the Public Employment L,abor Relations Act of 1984, as amended, for all personnel in the following classifications: All manual maintenance supervisors in the classification of Animal Control Supervisor, Bridge Maintenance Supervisor I, Bridge Maintenance Supervisor II, Building Maintenance Supervisor--Fire Department, Building Maintenance Supervisor-Libraries, Building Maintenance Supervisor--Parks & Recreation, C�stodial Supervisor--Cavic Center, Custodian Engineer (Public Safety Building), Dispatcher I, Equipment Maintenance Supervisor, Forestry Supervisor I, Forestry Supervisor II, Golf Course Superintendent, Marina Services Supervisor, Meter Operations Supervisor, Night Custodial Supervisor--Civic Center, Park Maintenance Supervisor, Public Works Field Supervisor, Public Works Supervisor I, Public Works Supervisor II, Public Works Supervisor III, Senior Zoo Keeper, Sewer Supervisor I, Sewer Supervisor II, Sewer Supervisor III, Supervising Gardener, Supervisor of Garbage Collection, Supervisor of Water Production Maintenance, Traffic Maintenance Supervisor I, Traffic Maintenance Supervisor II, Vehicle Mechanic Supervisor, Water Production Operations Supervisar, Water Service Supervisor, Water-Shed Supervisor I, Water-Shed Supervisor II, Water Utiliry Mains Supervisor and Zoo Supervisor who are employed for more than fourteen (14) hours per week and more than one hundred (100) work days per year by the City of Saint Paul or who are under the control of the City of Saint Paul in the setting of terms and conditions of employment, excluding all other employees. 2.2 In the event the EMPLOYER and the ASSOCIATION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. It is understood that this provision shall refer to the Bureau of Mediation Services only such issues as by law are under its jurisdiction. 2.3 The EMPLOYER shall not enter into any agreements covering terms and conditions of employment with the employees of the bargaining unit under the jurisdiction of this AGREEMENT, either individually or collectively which in any way conflicts with the terms and conditions of this AGREEMENT, except through the certified representative. 2.4 Neither the ASSOCIATION nor the EMPLOYER shall discruninate against any employee because of ASSOCIATION membership ar non-membership, or because of his/her race, color, sex, religion, national origin, or political opnuon or affiliations. 2.5 All existing Civil Service Rules shall apply except those superseded by this AGREEMENT. 2 ��-� �s ARTICLE 3- MAINTENANCE OF STANDARDS 3.1 The City agrees that all conditions of employment relating to wages, hours of work, overtime differentials, vacations and general working conditions shall be maintained at not less than the highest minunum standard as set forth in the Civil Service Rules of the City of Saint Paul and Saint Paul Salary Plan and Rates of Compensation at the tnne of the signing of this AGREEMENT, and the conditions of empioyment shall be unproved wherever specific provisions for nnprovement aze made elsewhere in this AGREEMENT. �,�.-�3s ARTICLE 4 - EMPLOYER SECURITY 4.1 The ASSOCIATION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with the normal functions of the EMPLOYER. � `-?3� ARTICLE 5 - EMPLOYER AUTHORITY 51 The EMPLOYER retains the sole right to operate and manage all manpower, facilities and equipment in accordance with appiicable laws and regulations of appropriate authorities. 5.2 Any terms and conditions of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or eluninate. 5.3 The exercise by the EMPLOYER of, or its waiver of, or its failure to exercise its full right of management or decision on any matter or occasion, shall not be a precedent or be binding on the EMPLOYER, nor the subject or basis of any grievance not admissible in any arbitration proceeding. 5.4 A public EMPLOYER is not required to meet and negotiate on matters of inherent managerial policy which include, but are not limited to, such areas of discretion or policy as the functions and programs of the EMPLOYER, its overall budget, utilization of technology and organizational structure and selection and direction and number of personnel. �`-�3s ARTICLE 6 - ASSOCIATION SECURITY 6.1 The EMPLOYER shall deduct from the wages of the employees who authorize such a deduction in writing an amount necessary to cover monthly ASSOCIATION dues. Such monies shall be remitted as directed by the ASSOCIATION. 6.2 The ASSOCIAITON may designate employees from the bargaining unit to act as stewards and alternates and shall inform ffie EMPLOYER in writing of such choices and of changes in the positions of stewards and/or alternates. It is further understood that the number and locations of stewards shall be lunited and confined to numbers and locations as are necessary and reasonable to administer the provisions of this AGREEMENT. 6.3 The EMPLOYER shall make space available on the employee bulletin board for the posting of ASSOCIATION notice(s) and announcements(s). 6.4 The ASSOCIATION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as � result of any action taken or not taken by the EMPLOYER under the provisions of this Article. 6.5 The EMPLOYER agrees that on the EMPLOYER'S premises and without loss of pay the ASSOCIATION stewards shall be allowed to post official ASSOCIATION notices of the designated representatives, to transmit communications authorized by the ASSOCIATION or its officers under the terms of this contract, and to consult with the EMPLOYER, its representative, ASSOCIATION officers or the ASSOCIATION representative concerning the enforcement of any provisions of this AGREEMENT, so long as such action does not interfere with regular Employee duties and is reasonable and necessary. 6.6 Stewards are authorized to perform and discharge the duties and responsibilities which are assigned to them under the terms of this AGREEMENT and any supplementary AGREEMENTS. The EMPLOYER agrees that there shall be no restraint, interference, coercion or discrimination against a steward because of the performance of such duties. 6.7 Any present or future employee who is not an ASSOCIATION member may be required to contribute a fair share fee for services rendered by the ASSOCIATION. Upon notification by the ASSOCIATION, the EMPLOYER shall check off said fee from the earnings of the employee and transmit the same to the ASSOCIATION. In no instance shall the required contribution exceed a pro-rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain operative only so long as specificaliy provided by aG-�3s ARTICLE 6 - ASSOCIATION SECURITY (CONT.) Minnesota law, and as otherwise legaL It is also understood that the ASSOCIATION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this section. � (� -'I 3� ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDLTRE 7.1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 Association Representatives - The EMPLOYER will recognize Representatives designated by the ASSOCIATION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The ASSOCIATION shall notify the EMPLOYER in writing of the names of such ASSOCIATION representatives and of their successors when so designated as provided by 6.2 of this AGREEMENT. 7.3 Processing of a Grievance - It is recognized and accepted by the ASSOCIATION and the EMPLOYER that the processing of grievances as hereinafter provided is lunited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved Employee and an ASSOCIATION Representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the ASSOCIATION Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrunental to the work programs of the EMPLOYER. 7.4 Procedure - Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1. An Employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within �ne month after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative's final answer in Step 1. Any grievance not appealed in E:3 9 ` -� 35 ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDLJRE (Continued) writing to Step 2 by the ASSOCIATION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the ASSOCIATION and discussed with the EMPLOYER-designated Step 2 representative. The BMPLOYER-designated representative shall give the ASSOCIATION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the ASSOCIATION within ten (10) calendar days shall be considered waived. 5tep 3. If appealed, the written grievance shall be presented by the ASSOCIATION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall give the ASSOCIATION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the ASSOCIATION within ten (10) calendar days shali be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the ASSOCIATION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. 7.5 Arbitrator's Authority - A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the 0 q L - `135 ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDLTRE (Cont.) EMPLOYER and the ASSOCIATION, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the ASSOCIATION and shali 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. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the ASSOCIATION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. 7.6 Waiver - If a grievance is not presented within the time limits set forth above, it shail be considered "waived. " If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the ASSOCIATION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time lunit in each step may be extended by mutual written agreement of the EMPLOYER and the ASSOCIATION in each step. 7.7 It is understood by the ASSOCIATION and flie EMPLOYER that if an issue is determined by this grievance, that issue shall not again be submitted for arbitration under the provision of the Rules and Regulations of Civil Service. It is further understood that if an issue is submitted and determined by the grievance procedure under the Civil Service Rules and Regulations, it shall not again be submitted for arbitration under the procedures set forth in this Article. TI] �c.-� 35 ARTICLE 8 - SAVIlVGS CLAUSE 81 This AGREEMENT is subject to the laws of the United States, the State of Minnesota. In the event any provision of this AGREEMENT shali be held 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 provisions shall be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. All other provisions of this AGREEMENT shall continue in full force and effect. 11 ��-�3S ARTICLE 9 - SEIVIORITY 9.1 Seniority, for the purpose of this AGREEMENT, shall be defined as follows: A. "Ciry Seniority" - The length of continuous, regular and probationary service with the EMPLOYER from the last date of employment in any and all class titles. B. "Class Seniority" - The length of continuous, regular and probationary service with the EMPLOYER from the date an employee was first certified and appointed to a class title covered by this AGREEMENT, it being further understood that class seniority is confined to the current class assignment held by an employee. 9.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 9.3 Seniority shall not accumulate during an unpaid leave of absence, except when such leave is granted for a period of less than thirty (30) calendar days; is granted because of illness ar injury; is granted to allow an employee to accept an appointment to the unclassified service of the EMPLOYER; or is granted to take an elected or appointed full-time position with the ASSOCIATION. 9.4 In the event it is determined by the EMPLOYER that it is necessary to reduce the work force, employees will be laid-off by class title within each division based on inverse length of "Class Seniority." Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after t� years of layoff. In cases where there are promotional series, such as Supervisor I, Supervisor II, Supervisor III, etc., when the number of employees in these higher tifles is to be reduced, employees who have held lower titles which are in this bargaining unit will be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs are made by any class title in any depamnent. It is further understood that a laid off employee shall have the right to placement in any lower-paid class title, provided said employee has been previously certified and appointed in said lower-paid class title. In such cases, the employee shall first be placed on a reinstatement register and shall have "Class Seniority" based on the date originally certified and appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, return to original class as provided in paragraph (A) above. 9.5 To the extent possible, vacation periods shall be assigned on the basis of "City Seniority", within each class, by division. It is however, understood that vacation 12 �' `-�3S ARTICLE 9 - SENIORITY (Cont.) assignments shail be subject to the abiliry of the EMPLOYER to maintain operations. 4.6 Promotions shall be handled in accordance with current Civil Service Rules and practices. 9.7 The EMPLOYER shall post a seniority list at least once every six (6) months. 13 q�-� 35 ARTICLE 10 - DISCIPLINE 10.1 The EMPLOYER will discipline empioyees for just cause only. Discipline will be in the form of: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 10.2 Suspensions, reductions and discharges will be in written form. 10.3 Employees and the ASSOCIATION will receive copies of written reprimands and notices of suspension and discharge. 10.4 Employees may examine all information in their EMPLOYER personnel files that concerns work evaluation, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the EMPLOYER. No documents concerning work evaluation or discipline of an employee will be placed in the employee's personnel file unless it contains the signature of the employee acknowledging the employee's receipt of the document prior to placing it in the file. 10.5 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or ASSOCIATION may request, and shall be entided to a meeting with the EMPLOYER representative who initiated the suspension with intent to discharge. During said five (5) day period, the EMPLOYER may affirm the suspension and discharge in accordance with Civil Service Rules or may modify, or withdraw same. 10.6 An employee to be questioned concerning an investigation of disciplinary action shall have the right to request that a ASSOCIATION representative be present. 14 q � -'13s ARTICLE 11 - CONSTITUTIONAL PROTECTION 11.1 Employees shali have the rights granted to all citizens by the United States and Minnesota State Constitutions. 15 ��-73S ARTICLE 12 - OVERTIlVIE AND PRENIIUMS 12.1 Employees (with the exception of those covered in Section 12.2 hereo fl shall be paid one and one-half (1.5) times the regular rate of pay for work performed in excess of the regular work day and/or the forty (40) hour work week. 12.2 Employees in classifications in salary grade 41 or above shall be paid straight time for work performed in excess of the regular work day and/or forty (40) hour work week. 12.3 An employee who is called back to work following the completion of his/her regular work day shall be guaranteed four (4) hours pay at his regular straight time rate. 12.4 Major holidays, for the purpose of this Section, shall include the following: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day. Minor holidays, for the purpose of this Section, shall include the following: Martin Luther King Day, Presidents' Day, Veterans' Day, and the Day after Thanksgiving. An employee working a major holiday as defined herein shall receive time and one-half (1.5) his/her regular rate of pay for all work performed on such holiday, and an employee working a minor holiday as defined herein shall receive straight time for such holiday work, it being understood that all payments for holiday work shall be in addition to regular holiday pay. 12.5 An employee shall be compensated in either compensatory time off or overtnne payment in cash. 12.6 A night differential of five percent (5%) shall be provided to employees who work night shifts as defined herein. A night shift will be considered to be a regularly assigned shift beginning earlier than 6 a.m., or ending later than 6 p.m., provided that at least five (5) hours of said shift are worked between the hours of 6 p.m. and 6 a.m. It is further understood that in case of regularly assigned shifts beginning earlier than 6 a.m. or ending later than 6 p.m. which involve less than five (5) hours of work, an employee shall be eligible for the night differential only for the hours actually worked during night shift hours. 16 9� -�35 ARTICLE 13 - iTNIFORMS 131 The EMPLOYER agrees that if any employee is required to wear any kind of uniform or safery equipment as a condition of continued employment, such uniform and/or equipment shall be fumished and maintained by the EMPLOYER. It is however, further understood that the EMPLOYER' S obligation to provide uniforms and/or safety equipment shall be confined to present practices and/or requirements of law. 13.2 Any uniform or safety equipment provided pursuant to this Article, damaged in the line of duty, shall be replaced by the EMPLOYER, provided that said damage is not attributable to the negligence or other unproper act of the employee. 13.3 The EMPLOYER agrees to pay $40.00 in 1995 and $50.00 in 1996 for safety shoes purchased by an employee who is a member of this unit. The EMPLOYER shall only contribute toward the cost of one pair of shoes per contract year. This reimbursement shall be made only after investigation and approval by the immediate supervisor of that employee. This EMPLOYER contribution shall apply only to those employees who are required by the EMPLOYER to wear protective shoes or boots. 17 q�-�3s ARTICLE 14 - VACATION 14.1 In each calendar year, each full-time employee shall be granted vacation according to the following schedule: Years of Service 0 thru 4th year Sth yearthru 9th year lOth year thru 15th year 16th year thru 23rd year 24th tear and thereafter Vacation Granted 10 days 17 days 19 days 24 days 26 days 14.2 Employees who work less than full-time shall be granted vacation on a pro rata basis. 14.3 The head of the department may permit an employee to cany over into the following fiscal year up to one hundred twenty (120) hours of vacation. 14.4 The above provisions of vacation shall be subject to Resolution No. 6446, Section I, Sub. H. 14.5 For the purposes of this Article 14, years of service shall be defined as the number of years since the employee's date of appointment. This shali not include years of service prior to a resignation. m q� -�35 ARTICLE 15 - HOLIDAYS 15.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Years Day Labor Day Martin Luther King Day Veterans' Day Presidents' Day Thanksgiving Day Memorial Day Day After Thanksgiving Independence Day Cl�ristmas Day Two floating holidays Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 15.2 The floating holidays set forth in Section 15.1 above may be taken at any time during the contract year, subject to the approval of the Department Head of any employee. 15.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purpose of this section. It is further understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. 19 °Ic.- �3s 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 Empioyer will attempt to prevent any changes in the benefits offered by the benefit providers. However, the employees selecting the offered pians agree to accept any changes in benefits which a specific provider unplements. 16.2 Effective January 1, 1995, for each eligible employee covered by this Agreement who is employed full-time and who selects employee insurance coverage, the Employer agrees to contribute the full cost of the single health insurance premium. Effective January 1, 1995 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. Effective January 1, 1996 far each eligible employee covered by this Agreement who is employed full-time and who selects employee insurance coverage, the Employer agrees to contribute the full cost of the single health insurance premium. Effective January i, 1996 the Employer's contribution toward family insurance coverage shown above for 1996 shall be adjusted to reflect an increase of fifty percent (50 %) of the largest 1996 premium increase for family health insurance coverage provided by the Employer. 163 For each eligible employee the Employer agrees to contribute the cost of $5,000 life insurance coverage. 16.4 In addition to the $5,000 Life Insurance Coverage in 16.3 the Employer agrees to contribute the cost of additional Life Coverage or $0.59 per thousand dollars of coverage per month, whichever amount is less. The total amount of Life Insurance Coverage provided under this Section and Section 16.3 for each employee shall be equal to the employee's annual salary to the nearest full thousand dollars. For the purpose of this section, the employee's annual salary shall be based on the salary as of the beginning of a contract period. This contribution shall be paid to the City's Group Health and Welfare Plan. Retiree Insurance 16.5 Employees who retire must meet the following conditions at the tune of zetirement in order to be eligible for the Employer contributions, listed in SecUOns 16.1 through 16.17. 20 `t (� -'13S ARTICLE 16 - INSURANCE below, toward a health insurance plan offered by the Employer: 16.6(1) Be receiving benefits from a public empioyee retirement act at the time of retirement, and 16.6(2) Have severed his/her relationship with the Ciry of Saint Paul for reasons other than misconduct, and 16.6(3) Have completed at least 20 years service with the Ciry of St. Paul. Early Retirees 16.7 This Section shall apply to full time employees who: 16.7(1) 16.7(2) 16.7(3) 16.7(4) 16.7(5) .: Retire on or after January 1, 1996, and Were appointed on or before December 31, 1995, and Have not attained age 65 at retirement, and Meet the terms set forth in Section 16.6 above, and 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 empioyees 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 $350.00 per month toward the premium for family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. In addition, the Employer will contribute the cost for $5,000 life insurance until the retiree attains the age of 65. When such early retiree attains age 65, the provisions of Section 16.9 shall appiy. This Section shall apply to full tnne employees who: 16.8(1) 16.8(2) Retire on or after January 1, 1996, and Were appointed on or after January I, 1996, and 21 9�-�35 ARTICLE 16 - INSURANCE (Continued) 16.8(3) 16.8(4) 16.8(5) Have not attained age 65 at retirement, and Meet the conditions set forth in Section 16.6 above, and Select a health insurance plan offered by the Employer. Until such retirees reach sixry-five (65) years of age, the Employer agrees to contribute a maximum of $300.00 per month toward the cost of single or family health insurance coverage. Any unused portion shall not be paid to the retiree. In addition, the Employer will contribute the cost for $5,000 life insurance until the retiree attains the age of 65. When such early retiree attains age 65, the provisions of Section 16.10 shali apply. Upon such retiree reaching the age of sixty-five (65), such employer contributions toward such early retiree coverages shall terminate. The Employer will also contribute the cost for $5,000 of life insurance coverage for such earl}� retiree until the early retiree reaches age sixty-five (65), at wich time the life insurance coverage shall terminate. Regular Retirees (Age 65 and over) 169 This Section shali apply to full time employees who: 16.9(i) 169(2) 169(3) 16.9(4) 169(5) Retire on or after January 1, 1996, and Were appointed on or before January 1, 1496, and Have attained age 65 at retirement, and Meet the terms set forth in Section 16.6 above, and Select a health insurance plan offered by the Employer. The Employer agrees to contribute a maYimum of $550.00 per month toward the premium for single or family health insurance coverage offered by the Employer to regular retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Section shall also apply to early retirees who retired under the provisions of Section 16.6 when such early retirees attain age 65. 1610 This Section shall apply to full time employees who: 22 qG-�13S ARTICLE 16 - INSURANCE (Continued) 16.10(1) Retire on or after January 1, 1996, and 16.10(2) VJere appointed on or after January 1, 1996, and 16.10(3) Have attained age 65 at retirement, and 16.10(4) Meet the terms set forth in Sections 16.6 above, and 16.10(5) Select a health insurance plan offered by the Employer. The Employer agrees to contribute a maximum of $300.00 per month towards the cost of single or family health insurance coverage offered to regular retirees and their dependents. Any unused portion shall not be paid to the retiree. This Section shall also apply to early retired under the provisions of Section 16.8 when such early retirees attain age 65. 16.11 If an employee does not meet the condition of Section 16.6(3), but has completed at least ten (10) years 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. 16.12 A retiree may not carry his/her spouse as a dependent if such spouse is also a City retiree or City employee and eligible far and is enrolled in the City's health insurance program. 16.13 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. 16.14 The contributions indicated in this Article 16 shall be paid to the Employer's Third Party Administrator. 16.15 The Empioyer will provide a system whereby the employee's contribution toward premiums for the employee selected health insurance coverages can be paid on a pre- tax basis. Employees covered by this Agreement wili be eligible to participate in the Flexible Spending Account as offered by the Employer. The service fee charged to participating employees shall be paid by the employer. 16.16 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 empioyees shall be paid by the Employer. 23 q�-�3s ARTICLE 16 - INSURANCE (Continued) Survivor Insurance 16.17 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 Ciry 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: 16.17(1) Subsequent remarriage of the surviving spouse of the deceased employee or retiree. 16.17(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. 24 �`-�3S ARTICLE 17 - CTTY MII.EAGE 17.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Admuristrative Code, as amended, pertaining to reimbursement of Ciry officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 17.2 Method of Computation: To be 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 $3.00 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 $.15 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head ar designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use hislher own automobile, then the employee shall be reimbursed at the rate of $.15 per mile driven and shall not be eligibie 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 $3.00 per day for each day of work. In addition, the employee shall be reimbursed $.15 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 $.15 per mile driven and shall noY be eligible for any per diem. 17.3 The City will provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 17.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall £ile 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 25 �i (� -'135 ARTICLE 17 - CITY MII,EAGE (Cont.) liability insurance in amounts not less than �v300,000 single limit coverage, with the City of Saint Paul named as an addiuonal insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the City Clerk. 26 °� C -� 3S ARTICLE 18 - SEVERANCE PAY 18.1 The Employer shall provide a severance pay program as set forth in this Articie. 18.2 To be eligible for the severance pay program, an employee must meet the following requirements: 18.2.1 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 85" or "rule of 90" provisions of the Public Employees Retirement Association (PERA). 18.2.2 The employee must be voluntarily separated from City employment or have been subject to separation by layoff or compuisory retirement. Those employees who are discharged Por cause, misconduct, inefficiency, incompetency, ar any other disciplinary reason are not eligible for the City severance pay program. 18.2.3 The employee must have at least ten (10) years of service under the classified or unclassified Civil 5ervice at the tune of separation. 18.2.4 The employee must file a waiver of reemployment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any rype), with the City or with Independent School District No. 625. 18.2.5 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his/her separation from service. 18.3 If an employee requests severance pay, and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-haif of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maYimum of 200 accrued sick leave days. 18.4 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. 18.5 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all of the requirements set forth above at the time of his or her death, paymept of the severance pay may be made to the employee's estate or spouse. 27 °) (� -� 3S ARTICLE 18 - SEVERANCE PAY (Continued) 18.6 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. 18.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 18.8 This severance pay program shall be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where ihe specific provisions of this Article conflict with said ordinance and in such cases, the provisions of this Article shall control. 18.9 The provisions of this Article shall be effective December 31, 1984. 18.10 Any employee hired prior to December 31, 1982, may, in any event, and upon meeung the qualifications of this Article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, Section i, Section 6, draw severance pay. However, an election by the employee to draw severance pay under either this article or the ordinance shall consUtute a bar to receiving severance pay from the other. Any employee hired after December 31, 1984, shall only be entitied to the benefits of this article upon meeting the qualifications herein. 18.11 For employees regularly appointed to a title covered by this Agreement on or after January 1, 1990, the Employer shall provide only the severance pay program as set forth in 18.12 through 18.18. 18.12 The Employer shall provide a severance pay program as set forth in this Article. 18.13 To be eligible for the severance pay program, an employee must meet the following requirements: 18.13.1 The employee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 18.13.2 The employee must file a waiver of reemployment with the Human Resource Director, which wili clearly indicate that by requesting severance pay, f►.F:3 q � -� 3s ARTICLE 18 - SEVERANCE PAY (Continued) the employee waives all clanns to reinstatement or reemployment (of any type), with the Ciry or with Independent School District No. 625. 18.13.3 The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the tnne of his separation from service. 18.14 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum as shown below based on the number of years of service in the City. Years of Service with the City At I.east 20 21 22 23 24 25 Ma�umum Severance Pay 5,000 6,000 7,000 8,000 9,000 10,000 18.15 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all of the requirements set forth above, at the tnne of his or her death, payment of the severance pay shall be made to the employee's estate or spouse. 18.16 For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 empioyment is not considered a separation of empioyment, and such transferee shall not be eligible for the City severance program. 18.17 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 18.18 This severance pay program shall be subject to and governed by the provisions of City Ordinance No. 11490, except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this Article shall control. 18.19 Notwithstanding Article 18.11, employees regularly appointed to a title covered by this Agreement prior to January 1, 1990, who meet the qualifications as defined in 18.13, may elect to draw severance pay under the provisions set forth in 18.14. However, an 29 9 `-� 3s ARTICLE 18 - SEVERANCE PAY (Continued) election by an employee to draw severance pay under 18.13 through 18.14 shall constitute a bar to drawing severance pay under any other provisions set forth in this Article 18. � 9c -�3s ARTICLE 19 - WORKING OUT OF CLASSIFICATION 19.1 Any employee working an out-of-class assignment for a period in excess of fifteen (15) consecutive working days during any fiscal year (of the Employer) shall receive the rate of pay for the out-of-class assignment in a higher ciassification not later than the sixteenth day of such assignment. For purposes of this article, an out-of-class assignment is defined as the full-time performance of all of the significant duties and responsibilities of a classification by an individual in another classification. For the purpose of this article, the rate of pay for an out-of-class assignment shall be the same rate the employee would receive if he was promoted to the higher classification. 31 q�-�3s ARTICLE 20 - SICK LEAVE AND PARENTAL LEAVE 20.1 Sick leave shall be eamed and granted in accordance with the Civii Service Rules. 20.2 In the case of a serious illness or disability of an employee's child, parent, or household member, the head of the department shall grant leave with pay in order for the employee to care for or make anangements for the care of such sick or disabled persons. Such paid leave shall be drawn from the employee's accumulated sick leave credits. Use of such sick leave shall be limited to 40 hours per incident. 20.3 Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, may be granted one day of sick leave to attend the funeral of the employee's grandparent or grandchild. 20.4 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 to vacation at the rate of one-half day's vacation for each day of sick leave credit. No employee may convert more than ten (10) days of sick leave in each calendar year under this provision. 20.5 Parental Leave. Pregnant employees of the City of Saint Paul shall be eligible for the use of paid sick leave and unpaid leave of absence in the same manner as any other disabled or ill City employee. Such paid sick leave eligibility shall begin upon certification by the employee's attending physician that the employee is disabled in terms of her 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 child. Such leave may be extended an additional twelve (12) months by mutual agreement between the employee and the Employer. Refusal on the part of the Employer to grant an extension of such leave shall not be subject to the provisions of Article 6 of Chis Agreement. Employees who return following such leaves of absence shail be placed in a position of equivalent salary and tenure as the one held just prior to the beginning of their leave. 20.6 Leave for School Conferences: An employee shall be granted up to a total of sixteen (16) hours during a school year to attend conferences or classroom activities related to the employee's child, provided the conference or classroom activities cannot be scheduled during non-work hours. When the leave cannot be scheduled during non-work hours, and the need for the leave is foreseeable, the employee must provide reasonable priar notice of the leave and make a reasonable effort to schedule the leave 32 9�-�3s ARTICLE 20 - SICK LEAVE AND PARENTAL LEAVE so as not to unduly disrupt the operations of the Employer. An employee shall be allowed to use vacation or compensatory tune for tkus leave; otherwise, this leave shall be without pay. 20.7 Voluntary Unpaid Leave of Absence: Effective upon the date of the signing of this Agreement, a full-time employee may be granted a voluntary leave of absence without pay for up to 480 hours per fiscal year. During such leave of absence, the employee shail continue to earn and to accrue vacation and sick leave, seniority credits, and shall maintain insurance eligibility as though he or she was on the payroll. Any leave of absence granted under this provision is subject to the approval of the Department Head. 33 �( � -'? 3S ARTICLE 21 - NO STRIKE, NO LOCKOUT 21.1 The ASSOCIATTON and the EMPLOYER agree that there shall be no strikes, work stoppages, slow downs, sit-down, stay in, or other considered interference with the employers' business or affairs by the ASSOCIATION and/or the members thereof, and there shall be no bannering during the existence of this AGREEMENT without first using ail possible means of peaceful settlement of any controversy that may arise. 34 �� -�3s ARTICLE 22 - RIGHT TO SUBCONTRACT 22.1 The EMPLOYER may at anytune during the duration of this AGREEMENT contract out work done by the employees covered by this AGREEMENT. In the event that such contracting would result in reduction of the work force covered by this AGREEMENT, the EMPLOYER shall give the ASSOCIATION a ninety (90) calendar day notice of the intention to subcontract. 35 q�_�3s ARTICLE 23 - DEFERRED COMPENSATION 23.1 Effective January l, 1996 employees who have completed fifteen (15) years of service shall have $300.00 for Deferred Compensation paid by the Employer on a dollar for dollar match. 23.2 Effective January 1, 1996 employees who have completed twenty (20) years of service shall have $500.00 for Deferred Compensation paid by the Employer on a dollar for dollar match. � °IG-�3S ARTICLE 24 - WAGE SCHEDULE 481 DISPATCHER A (1) 18.99 1937 123A CUSTODIAL SUPV--CIVIC CENTER A (1) 17.63 17.98 212ANIGHT CUSTODTAL SUPV--CC 14.86 15.16 304A MARINA SERVICES SUPERVISOR A B �1) �2) 1468.88 1510.00 149826 154020 338A SElVIOR ZOO KEEPER 1527.71 1568.83 1558.26 160020 37 ° IC-�3S ARTICLE 24 - WAGE SCHEDULE Cont. 475 FORESTRY SUPERVISOR 208 GOLF COURSE SUPERINTENDENT 076A PARK MAINTENANCE SUPERVISOR 368 PUBLIC WORKS SUPERVISOR I 416 SEWER SUPERVISOR I 172A TRAFFIC MAINTENANCE SUPV I 525A WATER MAINTENANCE SUPERVISOR 528 WATER SERVICE SUPERVISOR 532 WATERSHED SUPERVISOR I 536 ZOO SUPERVISOR 1593.76 1637.01 1625.64 1669.75 268A BRIDGE MAINT SUPERVISOR I 103 FORESTRY SUPERVISOR II 230A METER OPERATIONS SUPERVISOR 369 PUBLIC WORKS SUPERVISOR II 809 SEWER SUPERVISOR II 560 SUPV OF GARBAGE COLLECTION 964 VEHICLE MECHANIC SUPERVISOR I 194 WATER UTILITY MA1NS SUPERVISOR 542 WATERSHED SUPERVISOR II 354 ANIMAL CONTROL SUPERVISOR 168228 1730.58 1715 93 1765.19 173 EQUII'MENT MA1NT SUPERVISOR A B � ��) 1725 33 1773.63 1759.84 1809 10 620 TRAFFIC MAINTENANCE SUPV II 557A WATER PLANT PRODUCTION SUPV 1780.94 183522 1816.56 1871 92 k�:3 �) G - � 3S ARTICLE 24 - WAGE SCHEDULE Cont. 233A BUII,D MAINT SUPV-LIBRARIES 622 PUBLIC WORKS SUPERVISOR III 623 SEWER SUPERVISOR III 269A BRIDGE MAINT SUPERVISOR II 1835.22 1887.56 1871.92 1925.31 079 BUII,D MAINT SUPV--FIRE DEPT 1938.87 1995.19 1977.65 2035.09 624 PUBLIC WORKS FIELD SUPERVISOR 199825 2057.61 203822 2098.76 680 BL7ILD MAINT SUPV--PARKS & REC 2058.59 2119.98 2099.76 216238 39 °� ` - � 3s ARTICLE 25 - TERMS OF AGREEMENT 25.1 This Agreement shall be effective as of January 1, 1995, and shall continue in effect through December 31, 1996. This Agreement shall not be extended orally and it is understood that it shall expire on the date indicated. 25.2 It is understood that this settlement shall be recommended by the City Negotiator, but is subject to approval by the City Council and Civil Service Commission. 253 The Employer and the ASSOCIATION acknowledged that during the meeting and negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any subject conceming the terms and condiuons of empioyment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this agreement. Any and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this agreement are hereby superseded. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this day of �h�rr� 1996. CITY OF SAINT PAUL � City I.a or Negotiato THE SAINT PAUL MANUAL AND MAINTENANCE SUPERVISORS ASSOCIATION resident ��P�� ., � q ` - ' 35 1995 - 1996 LABOR AGREEMENT BETWEEN THE CITY OF SAINT PAUL AND THE SAINT PAUL MANUAL & MAINTENANCE SUPERVISORS ASSOCIATION °I`-�3s INDEX ARTICLE TITLE PAGE 1 Purpose of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Recognition ..................................... 2 3 Maintenance of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Employer Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Employer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Association Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Employee Rights-Grievance Procedure . . . . . . . . . . . . . . . . . . . . 8 8 Savings Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i l 9 Seniority ...................................... 12 10 Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 11 Constitutional Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 12 Overtune and Premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 13 Uniforms ...................................... 17 14 Vacation ...................................... 18 15 Holidays ...................................... 19 16 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 17 City Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 18 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 19 Working Out of Classification . . . . . . . . . . . . . . . . . . . . . . . . . 31 20 Sick I,eave and Parental I,eave . . . . . . . . . . . . . . . . . . . . . . . . 32 21 No Strike, No L,ockout . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 22 Right to Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 23 Defened Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 24 Wage Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 25 Terms of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 �IC-�3� ARTICLE 1- PURPOSE OF AGREEMENT 11 This AGREEMENT is entered into between the City of Saint Paul, hereinafter called the EMPLOYER, and the St. Paul Manual and Maintenance Supervisors Association, hereinafter called the ASSOCIATION. 1.1.1 Assure saund and mutually beneficial working and economic relationships between the parties hereto; 1.1.2 Establish procedures foz the resolution of disputes concerning this AGREEMENT'5 interpretation and/or application; and 1.1.3 Place in written form the parties' agreement upon terms and conditions of employment for ihe duration of this AGREEMENT. 1.2 The EMPLOYER and the ASSOCIATION, through this AGREEMENT, shall continue their dedication to the highest quality public service to the residents of the City of Saint Paul. Both parties recognize this AGREEMENT as a pledge of this dedication. 1 9`-� 3s ARTICLE 2 - RECOGNTTION 2.1 The EMPLOYER recognizes the ASSOCIATION as the exclusive representative, under the Public Employment Labor Relations Act of 1984, as amended, for all personnel in the following classifications: Ali manual maintenance supervisozs in the classification of Auimal Conirol Supervisor, Bridge Maintenance Supervisor I, Bridge Maintenance Supervisor II, Building Maintenance Supervisor--Fire Departrnent, Building Maintenance Supervisor-Libraries, Building Maintenance Supervisor--Parks & Recreation, Custodial Supervisor--Civic Center, Custodian Engineer (Public Safety Building), Dispatcher I, Equipment Maintenance Supervisor, Forestry Supervisor I, Farestry Supervisor II, Golf Course Superintendent, Marina Sezvices Supervisor, Meter Operations Supervisor, Night Custodial Supervisor--Civic Center, Park Maintenance Supervisor, Public Warks Field Supervisor, Public Works Supervisor I, Pub19c Works Supervisor II, Public Works Supervisor III, Senior Zoo Keeper, Sewer Supervisor I, Sewer Supervisor II, Sewer Supervisor III, Supervising Gardener, Supervisor of Garbage Collection, Supervisor of Water Production Maintenance, Traffic Maintenance Supervisor I, Traffic Maintenance Supervisor II, Vehicle Mechanic Supervisor, Water Production Operations Supervisor, Water Service Supervisor, Water-Shed Supervisor I, Water-Shed Supervisor II, Water Utility Mains Supervisor and Zoo Supervisor who are employed for more than fourteen (14) hours per week and more than one hundred (100) wark days per year by the City of Saint Paul or who are under the control of the City of Saint Paul in the setting of terms and conditions of employment, excluding all other employees. 2.2 In the event the EMPLOYER and the ASSOCIATION aze unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. It is understood that this provision shall refer to the Bureau of Mediation Services only such issues as by law are under its jurisdicrion. 2.3 The EMPLOYER shall not enter into any agreements covering terms and conditions of employment with the employees of the bargaining unit under the jurisdiction of this AGREEMENT, either individualiy or collectively which in any way conflic�s with the terms and conditions of this AGREEMENT, except through the certified representative. 2.4 Neither the ASSOCIATIQN nor the EMPLOYER shall discruninate against any employee because of ASSOCIATION membership or non-memberskup, or because of his/her race, color, sex, religion, national oragin, or political opinion or affiliations. 2.5 All existing Civil Service Rules shall apply except those superseded by this AGREEMENT. 2 qG-�3s ARTICLE 3- MAINTENANCE OF STANDARDS 3.1 The City agrees that all conditions of employment relating to wages, hours of work, overtime differentials, vacations and general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul and Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this AGREEMENT, and the conditions of employment shall be nnproved wherever specific provisions for unprovement are made elsewhere in this AGREEMENT. q � - �3s ARTICLE 4 - EMPLOYER SECURITY 41 The ASSOCIATION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with the normai functions of the EMPLOYER. 0 q t - �3S ARTICLE 5 - EMI'LOYER AUTHORITY 5.1 The EMPLOYER retains the sole right to operate and manage all manpower, facilities and equipment in accordance with applicable laws and regulations of appropriate authorities. 5.2 Any terms and conditions of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or elnninate. 5.3 The exercise by the EMPLOYER of, or its waiver of, or its failure to exercise its full right of management or decision on any matter or occasion, shall not be a precedent or be binding on the EMPLOYER, nor the subject or basis of any grievance not admissible in any arbitratian ptoceeding. 5.4 A public EMPLOYER is not required to meet and negotiate on matters of inherent managerial policy which include, but are not limited to, such areas of discretion or policy as the functions and programs of the EMPLOYER, its overall budget, utilization of technology and organizational structure and selection and direction and number of personnel. °I G - � 3S ARTICLE 6 - ASSOCIATION SECURITY 6.1 The EMPLOYER shall deduct from the wages of the employees who authorize such a deduction in writing an amount necessary to cover monthly ASSOCIATION dues. Such monies shall be remitted as directed by the ASSOCIATION. 6.2 The ASSOCIATION may designate employees from the bargaining unit to act as stewards and altemates and shall inform the EMPLOYER in writing of such choices and of changes in the positions of stewards andlor altemates. It is further understood that the number and locations of stewards shali be limited and confined to numbers and locations as are necessary and reasonable to administer the provisions of this AGREEMENT. 6.3 The EMPLOYER shall make space available on the empioyee bulletin board for the posting of ASSOCIATION notice(s) and announcements(s). 6.4 The ASSOCIATION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. 6.5 The EMPLOYER agrees that on the EMPLOYER'S premises and without loss of pay the ASSOCIATTON stewards shall be allowed to post official ASSOCIATION norices of the designated representatives, to transmit communications authorized by the ASSOCTATION or its officers under the terms of this contract, and to consult with the EMPLOYER, its representarive, ASSOCIATIQN officers ar the ASSOCIATION representative conceming the enfozcement of any provisions of this AGRLEMENT, so long as such action does not interfere with regular Employee duties and is reasonable and necessary. 6.6 Stewards are authorized to perform and discharge the duties and responsibilities which are assigned to them under the terms of this AGREEMENT and any suppiementary AGREEMENTS. The EMPLOYER agrees that there shall be no restraint, interference, coercion or discrnnination against a steward because of the performance of such duties. 6.7 Any present or future employee who is not an ASSOCIATION member may be required to contribute a fair share fee for services rendered by the ASSOCIATION. Upon notification by the ASSOCIATION, the EMPLOYER shall check off said fee from the earnings of the employee and transmit the same to the AS90GIATION_ 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 negotiarions and administrat9on of grievance procedures. This provision shall remain operative only so long as specifically provided by 6 �G-?35 ARTICLE 6 - ASSOCIATION SECURITY (CONT.) Minnesota law, and as otherwise legal. It is also understood that the ASSOCIATION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this section. 7 �1Z-�35 ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 Association Representatives - The EMPLOYER will recognize Represeniatives designated by the ASSOCIATION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The ASSOCIATION shail notify the EMPLOYER in writing of the names of such ASSOCIATIQN representatives and of their successors when so designated as provided by 6.2 of this AGREEMENT. 7.3 Processing of a Grievance - It is recognized and accepted by the ASSOCIATION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accompiished during normal working hours only when consistent with such Employee duties and responsibiliries. The aggrieved Employee and an ASSOCIATTON Representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the EMPLOYEE and the ASSOCIATION Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 7.4 Procedure - Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1. An Employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within �ne m�nth after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative's final answer in Step 1. Any grievance not appealed in °► c -� 3s ARTICLE 7- ENIPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continued) writing to Step 2 by the ASS�CIATION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the ASSOCIATION and discussed with the EMPLOYER-designated 3tep 2 representative. The EMPLOYER-designated representative shall give ihe ASSOCIATION the BMPLOYER'S Step 2 answer in wriring within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to 5tep 3 within ten (10) calendar days following the EMPLOYER-designated xepresentative's final Step 2 answex. Any grievance not appealed in writing to Step 3 by the ASSOCIATION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the ASSOCIATION and discussed with the EMPLOI'ER-designated Step 3 representative. The EMPLOYER-designated representative shall give the ASSOCIATION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the ASSOCIATION within Cen (10) calendar daps shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the ASSOCIATION sha11 be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitratar shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. 7.5 Arbitratox's Authority - A. The arbitrator shall have no right to amend, modify, nullify, ignore, add tQ, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the 9�-�35 ARTICLE 7- EMPLOYEE RIGI�TS - GRIEVANCE PROCEDURE (Cont.) EMPLOYBR and the ASSOCIATION, and shall have no authoriry to make a decision on any other issue not so submitted. B. The arbitrator shail be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the ASSOCIATION and sha11 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. C. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the AS50CIATION provlded that each party shall be responsible for compensating its own representatives and wiffiesses. If either party desires a verbatun record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatnn record of the proceedings the cost shall be shared equally. 7.6 Waiver - If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specif3ed time limit ox any agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER' S last answer. If the EMPLOYER does not answer a grievance or an appeal thexeof within the specified time limits, the ASSOCIATION may elect to treat the grievance as denied at that step and unmed'aately appeal the grievance to the next step. The rime limit in each step may be extended by mutual written agreement of the EMPLOYER and the ASSOCIATION in each step. 7.7 It is understood by the ASSOCIATION and the EMPLOYER that if an issue is determined by this grievance, that issue shall not again be submitted for arbitration under the provision of the Rules and Regulations of Civil Service. It is further understood that if an issue is submitted and determined by the grievance procedure under the Civil Service Rules and Regulations, it shall not again be submitted for axbitration under the procedures set forth in this Article. 10 °1 G - � 35 ARTICLE 8 - SAVINGS CLAUSE 8.1 This AGI2EEMENT is sub}ect to the laws of the United States, the State of Minnesota. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose finai }udgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. All other provisions of this AGREEMENT shall continue in full force and effect. 11 `i� - �35 ARTICLE 9 - SElVIORITY 9.1 Seniority, for ffie purpose of this AGREEMENT, sha11 be defined as foliows: A. "Ciry Seniority" - The length of continuous, regular and probatSonary service with the BMPLOYER from the last date of employment in any and all class titles. B. "Class Seniority" - The length of continuous, regular and probationary service with the EMPLOYER from the date an empioyee was first certified and appointed to a class title covered by this AGREEMENT, it being further understood that class seniority is confined to the current class assignment held by an employee. 9.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 9.3 Seniority shall not accumulate during an unpaid leave of absence, except when such leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appoinunent to the unclassified service of the EMPLOYER; or is granted to take an elected or appointed fizll-time position with the ASSOCIATION. 9.4 In the event it is determined by the EMPLOYER that it is necessary to reduce the work force, employees will be laid-off by class title within each division based on inverse length of "Class Seniarity. " Recall from layoff shall be in inverse arder of layoff, except that recall rights shali expire after i� years of layoff. In cases where there are promotional series, such as Supervisor I, Supervisor II, Supervisor III, etc. , when the numbex of employees in these higher ritles is to be reduced, employees who have held lower tatles which are in this bargaining unit will be offered reductions to the highest of these tifles to which class senioriry would keep them from being laid off, before layoffs are made by any class title in any department. It is further understood that a laid off employee shaA have the right to placement in any lower-paid class title, provided said empioyee has been previously certified and appointed in said lower-paid class title. In such cases, the employee shall first be placed on a reinstatement register and shall have "Class Seniority" based on the date originally certified and appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, return to ariginal class as provided in paragraph (A) above. 9.5 To the extent possible, vacation geriods shall be assigned on the basis of "City Senioriry", within each class, by division. It is however, understood that vacation 12 qG-�3s ARTICLE 9 - SElVIORITY (Cont.) assignments shail be subject to the ability of the EMPLOYER to maintain operations. 9.6 Promotions shall be handled in accordance with current Civi1 Service Rules and practices. 9.7 The EMPLOYER shall post a senioriry list at least once every six (6) months. 13 q�-�35 ARTICLE 10 - DISCIPLINE 10.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in the form of: a) Oral reprimand; b) Written reprunand; c) Suspension; d) Reduction; e) Discharge. 10.2 Suspensaons, reductions and discharges will be in written form. 10.3 Employees and the ASSOCIATION will receive copies of written reprimands and notices of suspension and discharge. 10.4 Employees may examine all information in their EMPLOYER personnel files that concerns work evaluation, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the EMPLOYER. No documents concerning work evaluation or discipline of an employee will be placed in the employee's personnel file unless it contains the signature of the employee acknowledging the employee's receipt of the document prior to placing it in the file. 10.5 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee aud/or ASSOCIATIdN may request, and shall be entitled to a meeting with the EMPLOYER representative who initiated the suspension with intent to discharge. During said five (5) day period, the EMPLOYER may affirm the suspension and discharge in accordance with Civil Service Rules or may modify, or withdraw same. 10.6 An employee to be questioned concerning an investigation of disciplinary action shall have fhe right to request that a ASSOCIATIQN representative be present. 14 q�-�3s ARTICLE 11 - CONSTITUTIONAL PROTECTION 11.1 Employees shall have the rights granted to al1 citizens by the United States and Minnesota State Constitutions. 15 q � -'13 5 ARTICLE 12 - OVERTIlVIE AND PRENIIUMS 12.1 Employees (with the exception of those covered in Section 12.2 hereo� shall be paid one and one-half (1.5) times the regular rate of pay for work performed in excess of the regular work day and/or the forty (40) hour work week. 12.2 Employees in classifications in salary grade 41 or above shail be paid straight time for wark performed in excess of the regular work day and/or forty (40) hour work week. 123 An employee who is calied back to work following the completion of hislher regular work day shall be guaranteed four (4) hours pay at his regular straight time rate. 12.4 Major holidays, for the purpose of this Section, shall include the following: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day. Minor holidays, for the purpose of this Section, shall inciude the following: Martin Luther King Day, Presidents' Day, Veterans' Day, and the Day after Thanksgiving. An employee working a major holiday as defined herein shall receive time and one-half (1.5) his/her regular rate of pay for all wark performed on such holiday, and an employee working a minor holiday as defined herein shall receive suaight time for such holiday work, it being understood that all payments for holiday work shall be in addition to regular holiday pay. 12.5 An employee shaIl be compensated in either compensatory time off or overtime payment in cash. 12.6 A night differential of five percent (5%) shali be provided to employees who work night shifts as defined herein. A night shift wi11 be considered to be a regularly assigned shift beginning earlier than 6 a.m., or ending later than 6 p.m., provided that at least five (5) hours of said shift are worked between the hours of 6 p.m. and 6 a.m. It as further understood that in case of regulariy assigned shifts beginning earlier than 6 a.m, or ending later than 6 p.m. which involve less than five (5) hours of work, an employee shall be eligibie for the night differenual only for the hours actually worked during niaht shift hours. 16 `'1 G -'13 S A.RTICLE 13 - UNIFORMS 131 The EMPLOYER agrees that if any employee is required to wear any kind of uniform or safery equipment as a condition of continued employment, such uniform and/or equipment shall be furnished and maintained by the EMPLOYER. It is however, further understood that the EMPLOYER'S obligatian to provide uniforms andfor safety equipment shall be conf'ined to present practices and/or requirements of law. 13.2 Any uniform or safety equipment provided pursuant to this Article, damaged in the line of duty, shall be replaced by the EMPLOYER, provided that said damage is not attributable to the negligence or other unproper act of the employee. 13.3 The EMPLOYER agrees to pay $40.00 in 1995 and $50.00 in 1996 for safety shoes purchased by an employee who is a member of this unit. The EMPLOYER shall only contribute toward the cost of one pair of shoes per contract year. This reimbursement shall be made only after investigation and approval by the immediate supervisor of that employee. This EMPLOYER contribution shall apply only to those employees who are required by the EMPLOYER to weax protective shoes or boots. 17 q G-�3s ARTICLE 14 - VACATION 14.1 In each calendar year, each full-tune employee shall be granted vacation according to the following schedule: Years of Service 0 thru 4th year Sth year thru 9th year lOth yearthru 15th yeac 16th year thru 23rd year 24th tear and thereafter Vacation Granted 10 days 17 days 19 days 24 days 26 days 14.2 Employees who work less than full-time shall be granted vacation on a pro rata basis. 14.3 The head of the depariment may permit an employee to carry over into the following fiscal year up to one hundred twenty (120} hours of vacation. 14.4 The above provisions of vacation shall be subject to Resolution No. 6446, Section I, Sub. H. 14.5 For the purposes of this Article 14, years of service shall be defined as the number of years since the employee's date of appointrnent. This shali not include years of service prior to a resignation. 18 qG-'135 ARTICLE 15 - HOLIDAY5 15.1 Holidays recognized and observed. The foliowing days shall be recognized and observed as paid holidays: New Years Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Two floating holidays Labor Day Veterans' Day Thanksgiving Day Day After Thanksgiving Christmas Day 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. 15.2 The floating holidays set forth in Section 15.1 above may be taken at any time during the contract year, subject to the approval of the Department Head of any employee. 15.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee's name must appeaz on the payroll on any six working days of the nine working days preceding the holiday; or an employee must appear on the payroll the last working day before the holiday and on three other wozking days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purpose of this section. It is further understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. 19 ° I G -� 35 ARTICLE 16 - INSURANCE 16.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by the Empioyer shall be solely controiled by the conuacts negotiated by the Employer and the benefit providers. The Employer wiil attempt to prevent any changes in ihe benefits offered by the benefit providers. However, ttae employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. 16.2 Effective January 1, 1995, for each eligible employee covered by this Agreement who is employed full-tnne and who selects employee insurance coverage, the Empioyer agrees to contribute the full cost of the single health insurance premium. Effeciive January 1, 1995 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. Effective January 1, 1996 for each eligible employee covered by this Agreement who is employed full-time and who selects employee insurance coverage, the Employer agrees to contribute the full cost of the single health insurance premium. Effective January 1, 1996 the Employer's contribution toward family insurance coverage shown above for 1996 shall be adjusted to reflect an increase of fifty percent (50%) of the largest 1996 premium increase for faznily health insurance coverage provided by the Employer. 16.3 For each eligible employee the Employer agrees to contribute the cost of $S,OOO life insurance coverage. 16.4 In addition to the $5,000 Life Insurance Coverage in 16.3 the Employer agrees to contribute the cost of additional Life Coverage or $0.59 per thousand dollars of coverage per month, whichever amount is less. The total amount of Life Insurance Coverage provided under this Section and Section 163 foz each employee shall be ec�ual to the employee's annual salary to the nearest fuil thousand dollars. For the purpose of this section, the employee's annual salary shall be based on the salary as of the beginning of a contract period. This contribution shall be paid to the Ciry's Group Health and Welfaze Plan. Retiree Insurance 16.5 Employees who retire must meet the foliowing conditions at the tune of retirement in order to be eligible for the Employer contributions, listed in Sections 16.1 through 16.17. 20 qG-�3s ARTICLE 16 - INSURANCE below, toward a health insurance plan offered by the Employer: 16.6(1) Be receiving benefits from a public employee retirement act at the time of retirement, and 16.6(2) Have severed hislher relationship with the Ciry of Saint Paul for reasons other than misconduct, and 16.6(3) Have completed at least 20 years service with the City of St. Paul. Early Retirees 16.7 This Section shall apply to full time employees who: 16.7(1) 16.7(2) 16.7(3) 16.7(4) 16.7(5) Retixe on or after January 1, 1996, and Were appointed on or before December 31, 1995, and Have not attalned age 65 at retirement, and Meet the terms set forth in Section 16.6 above, and 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, shail not exceed $350.00 per month. For employees selecting family health insurance coverage, the Employer will contribute $350.00 per month toward the premium for family health insurance coverage. Any unused portion of the Employer's cantriburion shall not be paid to the reriree. In addirion, the Employer wili contribute the cost for $S,OOO life insurance until the retiree attains the age of 65. When such early xetixee attains age 65, the pxovisions of Section 169 shall appiy. 16.8 This Section shall apply to full time employees who: 16.8(1) 16.8(2) Retire on or after January i, 1996, and Were appointed on or after January 1, 1996, and 21 q`-�3s ARTICLE 16 - INSURANCE (Continued} 16.$(3) 16.8(4) 16.8(5) Have not attained age 65 at retirement, and Meet the conditions set forth in Section 16.6 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 maYimum of $300.00 per month toward the cost of single or family health insurance coverage. Any unused portion shall not be paid to the retiree. In addition, the Employer will contribute the cost for $S,OOO life insurance until the retiree attains the age of 65. When such early retiree attains age 65, the provisions of Section 16.10 shali apply. Upon such retiree reaching the age of sixty-five (65), such employer contributions toward such early retiree coverages shall terminate. The Employer will also contribute the cost for $5,000 of life insurance covexage for such early xetiree untii the early retiree reaches age sixty-five (65), at wich time the life insurance coverage shall terminate. Regular Retirees (Age 65 and over) 16.9 This Section shall apply to full time employees who: 16.9(1) 16.9(2) 169(3) 169(4) 169(5) Retire on or after January 1, 1996, and Were appointed on or before January 1, 1996, and Have attained age 65 at retirement, and Meet the terms set forth in Section 16.6 above, and Select a heaith insurance plan offered by the Employer. The Employer agrees to contribute a maxunum of $SSQ.00 per month toward the premium for single or family health insurance caverage offered by the Employer to regular retirees and their dependents. Any unused portion of the Employer's contribut3on shali not be paid to the retizee. This Section shall also apply to early retirees who retired under the provisions of Section 16.6 when such early retirees attain age 65. 1610 This Sectian shall apply to full time employees who: 22 9 c -135 ARTICLE 16 - INSURANCE (Continued) 16.10(1) Retire on or after January 1, 1996, and 1610(2) Were appointed on or after January 1, 1996, and 16.10(3) Have attained age 65 at retirement, and 16.10(4) Meet the terms set forth in Sections 16.6 above, and 16.10(5) Select a health insurance plan offered by the Employer. The Employer agrees to contribute a ma;cimum of $300.00 per month towards the cost of single or family health insurance coverage offered to regular retirees and their dependents. Any unused portion shall not be paid to the retiree. This Section shall also apply to early retired under the provisions of Section 16.8 when such early retirees attain age 65. 16.11 If an employee does not meet the oondition of Section 16.6(3), but has completed at least ten (10) years of service with the City, heJshe may puxchase 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. 16.12 A retiree may not carry hisJher 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. 16.13 Any cost of any premium far any City-offered employee or family insurance coverage in excess of the dollax amounts stated in this Article 16 shall be paid by the employee. 16.14 The contxiburions indicated in this Article 16 shall be paid to the Employer's Third Party Administxator. 16.15 The Employer will provide a system whereby the empioyee's contribution toward premiums for the employee selected health insurance coverages can be paid on a pre- tax basis. Employees covered by this Agreemant will be eligible to participate in the Flexible 5pending Account as offered by the Employer. The service fee charged to participating employees shall be paid by the employer. 16.16 Employees covered by this Agreement sha11 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. 23 q`-'13S ARTICLE 16 - INSURANCE (Continued) Survivor Insurance 16.17 The surviving spouse of an employee carrying family coverage at the tune of his(her death due to a job connected injury or illness which was determined to have arisen out of and in the course of hislher employment under worker's compensation law shali continue to be eligible far City contribution in the same proportions as is provided for retired employees. In the event of the death of an eariy retiree ot 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 previousiy had, at the premium and Employer contribution accorded to the eligible deceased retiree. It is fuzther understood that coverage shall cease in the event of: 16.17(1) Subsequent remarriage of the surviving spouse of the deceased empioyee or retiree. 16.17(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 shail have the right to maintain Ciry health insurance for the first ninety (90) days of said employmeni. 24 qt-?35 ARTICLE 17 - CITY MII,EAGE 17.1 Automobile Reimhursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 17.2 Method of Computation: To be eligible for such reunbursement, a11 officers and employees must receive written authorization from the Deparnnent Head. Type i. If an employee is required to use hisiher own automobile OCCASIONALLY during employment, the employee shall be reunbursed at the rate of $3.00 per day for each day the emgloyee's vehicle is actually used in performing the duties of the employee's position. In addition, the employee shall be reimbursed $.15 per mile foz each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative deteimines that an employer vehicle is available for the employee's use but the employee desires to use hisfher own automobile, then the employee shall be reimbursed at the rate of $.15 per mile driven and shall not be eligible for any per diem. Type 2. If an employee is required to use hisJher own automobile REGULARLY during employment, the employee shaii be reimbursed at the rate of $3.00 per day far each day of work. In addition, the employee shall be reimbursed $.15 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 hislher own automobile, then the employee shall be reimbursed at the rate of $.15 per mile driven and shali not be eligible for any per diem. 17.3 The Ciry will provide parking at the Civic Center Parking Ramp fox City employees on either of the above mentioned types of reimbursement plans who are required to have their personal car availabie for Ciry business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 17.4 Rules and Regulations: The Mayor shall adopt rules and rea lations 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 warked and the number of miles driven, and further require that they maintain automobile liability insurance in unounts of not less than $100,000/$300,000 for personai injury, and $25,000 for property damage, or 25 qG-�3S ARTICLE 17 - CTTY MII.EAGE (Cont.) liability insurance in amounts not less than $300,000 single lunit coverage, with the City of Saint Pau1 named as an additionai insured. These rules and ragulations, together with the amendment thereto, shall be maintained on file with the City Clerk. f►�P, `� G -'l 3 S ARTICLE 18 - SEVERANCE PAY 18.1 Tbe Employer shall provide a severance pay program as set forth in this Article. 18.2 To be eligible for the severance pay program, an employee must meet the following requirements: 18.2.1 The employee must be 58 years of age oz older or must be eligible for pension under the "rule of 8S' or "rule of 90" provisions of the Public Employees Retirement Association (PERA). 18.2.2 The employee must be voluntarily separated from City employment or have been subject to separation by layoff ar compuisory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 18.2.3 The employee must have at least ten (10) years of service under the classified or unclassified Civil Service at the time of separation. 18.2.4 The employee must file a waiver of reemployment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, ffie employee waives ail claims to reinstatement or reemploymettt (of any rype), with the City or with Independent School District No. 625. 18.2.5 The employee must have accumulated a minimum of sixty (60) days of sick leave credits aC the time of his/her separarion from service. 18.3 If an empiayee requests sevezance pay, and if the employee meets the eligibiliry 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 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. 18.4 The mucimum amount of money that any empioyee may obtain through this severance pay program is $6,500. 18.5 For the purpose of this severance program, a death of an employee shall be considered as separarion of employment, and if the employee svould have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 27 °I�.-�35 ARTICLE 18 - SEVEIZANCE PAY (Continued) 18.6 For the purpose of this severance program, a uansfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a sepantion of employment, and such transferee shall not be eligible for the Ciry severance program. 18.7 T}ie manner of payment of such severance pay sha11 be tnade in accordance with the provisions of City Ordinance No. 11490. 18.8 This severance pay pzogram sha11 be sub}ect to and govemed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this Article conflict with said ordinance and in such cases, the provisions of this Azricle shall control. 18.9 The provisions of this Article shall be effective December 31, 1984. 18.10 Any employee hired prior to Aecember 31, 1982, may, in any event, and upon meeting the qualifications of this Article or Ciry Ordinance No. 11490, as amended hy City Ordinance No. 16303, Section 1, Section 6, draw severance pay. However, an election by the employee to draw severance pay under either this article or the ordinance shall constitute a bar to receiving severance pay from the other. Any empleyee hired afrer December 31, 1984, shall oniy be entitled to the benefits of this article upon meeting the qualifications herein. 18.11 For employees regularly appointed to a tade covered by this Agreement on or after January 1, 199Q the Employer shall provide only the severance pay program as set forth in 18.12 through 18.18. 18.12 The Employer shail provide a severance pay program as set forth in this Articie. 18_ 13 To be e>igibie for tha severa�ice pay pregram, an empioyee must meet rhe foilowing requirements: 18.13.1 The employee must be voluntarily separated from Ciry empioymenr or have been subject to separation by layoff or compulsory retirement. Those empioyees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 18.13.2 The employee must file a waiver of reemployment with the Human Resource Director, which wiil ciearly indicate that by requesting severance pay, � � C -�3s ARTICLE 18 - SEVERANCE PAY (Continued) the employee waives all clauns to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 18.133 The employee must have an accumulated balance of at least eig�ty (80) days of sick leave credits at the time of his separation from service. 18.14 If an empIoyee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum as shown below based on the number of years of service in the City. Years of Service with the City At L,east 20 21 22 23 24 25 M�imum Severance Pay $ 5,000 6,000 7,000 8,000 9,000 10,400 18.15 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay shall be made to the employee's estate or spouse. 18.16 For the puzpose of this severance program, a ttansfer from the City of Saint Paul employment to Independent School District No. b25 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 1817 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 18.18 This severance pay program shall be subject to and govexned by the provisions of City Ord'anance No. 11490, except in those cases where the specifac provisions of this article conflict with said ordinance and in such cases, the provisions of this Article shall control. 18.19 Notwithstanding Article 18.11, employees regularly appointed to a ritle covered by this Agreement prSor to 7anuary 1, 1990, who meet the qualifications as defined in 1813, may elect to draw severance pay under the provisions set forth in 18,14. However, an 29 �1 t� _'� 3s ARTICLE 18 - SEVERANCE PAY (Continued) election by an employee to draw severance pay under 18.13 through 18.14 shall constitute a bar to drawing severance pay under any other provisions set forth in this Article 18. 30 9c. — �35 ARTICLE 19 - WORKING OUT OF CLASSIFICATION 19.1 Any employee working an out-of-class assignment for a period in excess of fifteen (15) consecutive working days during any fiscal yeat (of the Empioyer) shall receive the rate of pay for the out-of-class assignment in a higher classification not ]ater than the sixteenth day of such assignment. For purposes of this art9cle, an out-of-class assignment is defined as the full-time performance of all of the significant duties and responsibilities of a classification by an individual in another classification. For the purpose of this article, the rate of pay for an out-of-class assignment shall be the same rate the employee would receive if he was promoted to the higher classification. 31 �(, -'13 S ARTICLE 20 - SICK LEAVE AND PARENTAL LEAVE 20.1 Sick leave shall be earned and granted in accordance with the Civil Service Rules. 20.2 In the case of a serious iliness or disabiliry of an employee's child, parent, or household member, the head of the department shall grant leave with pay in order for the employee to care for or make anangements for the care of such sick or disabled persons. Such paid leave shall be drawn from the employee's accumulated sick leave credits. Use of such sick leave shall be limited to 40 hours per incident. 2Q.3 Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, may be granted one day of sick leave to attend the funeral of the employee's grandparent or grandchild. 20.4 Tf an employee has an accumulation of sick leave credits in excess of one hundred and eighry days, helshe may convert any part of such excess to vacation at the rate of one-half day`s vacation for each day of sick leave credit. No employee may convert more than ten (10) days of sick leave in each calendar year under this provision. 20.5 Parental Leave. Pregnant employees of the City of Saint Paul shall be eligible for the use of paid sick leave and unpaid leave of absence in the same manner as any other disabled or ill City employee. Such paid sick leave eligibility shall begin upon certification by the employee's attending physician that the employee is disabled in terms of her ability to perform ffie duties of her position. A twelve (12) month Parental leave of absence without pay shall be granted to a natural parent or an adoptive parent, who requests such leave in conjunction with the birth or adoption of a child. Such leave may be extended an additional twelve (12) months by mutual agreement between the employee and the Employer. Refusal on the part of the Employer to grant an extension of such leave shall not be subject to the provisions of Article 6 of trus 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. 20.6 Leave for School Conferences: An employee shall be granted up to a total of sixteen (16) hours duxing a school year to attend conferences or classroom activities related to the employee's child, provided the conference or ciassroom activities cannot be scheduled during non-work hours. When the leave cannot be scheduled during non-work hours, and the need for the leave is foreseeabie, the employee must provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave 32 °lL -� 3S A.RTICLE 20 - SICK LEAVE AND PARENTAL LEAVE so as not to unduly disrupt the operations of the Employer. An employee shali be allowed to use vacation or compensatory tune for this leave; otherwise, this leave shall be without pay. 20.7 Voluntary Unpaid Leave of Absence: Effective upon the date of the signing of this Agreement, a full-time employee may be granted a voluntary leave of absence without pay for up to 4$0 hours per fiscal year. During such leave of absence, the employee shali continue to earn and to accrue vacation and sick leave, seniority credits, and shall maintain insurance eligibility as though he or she was on the payroll. Any leave of absence granted under this provision is subject to the approval of the Department Head. 33 �.�,-�� ARTICLE 21 - NO STRII�, NO LOCKOUT 21.1 The ASSOCIATION and the EMPLOI'ER agree that there shall be no strikes, work stoppages, slow downs, sit-down, stay in, or other considered interference with the employers' business or affairs by the ASSOCIATION and/or the members thereof, and there shall be no bannering during the existence of this AGREEMENT without first using all possible means of peaceful settlement of any controversy that may arise. 34 �� ARTICLE 22 - RIGHT TO SUSCONTRACT 22.1 The BMPLOYER may at anytime during the duration of this AGREEMENT conrract out work done by the employees covered by this AGREEMENT. In the event that such contracting would result in reduction of the work force covered by this AGREEMEI3T, the EMPLOYER shall give the ASSOCIATION a ninety (90) calendar day notice of the intention to subconuact. 35 �, c. �� S ARTICLE 23 - DEFERRED COMPENSATION 23.1 Effective January 1, 1946 employees who have completed fifteen (15) years of service shail have $300.00 for Deferred Compensation paid by the Employer on a dollar for dollar match. 23.2 Effective January 1, 1996 employees who have completed twenty (20) years of service shall have $500.00 for Deferred Compensation paid by the Employer on a dollar for dollar match. 36 �� V�U ARTICLE 24 - WAGE SCHEDULE 481 DISPATCHER A (1) 18.99 1937 123A CUSTODIAL SUPV--CIVIC CENTER A (1) 17.63 17.98 212A 1VIGAT CUSTODIAL SUPV--CC 14.86 15.16 304AMARINA SERVICES SUPERVISOR A B � ��) 1468.88 1510.00 149826 1540.20 � 3 c Z: �� .' 1�� i�� I�d �Z� l�� J 7 1527.71 1568.83 1558.26 1600.20 37 �(,��35 ARTICLE 24 - WAGE SCHEDULE Cont. 475 FORESTRY SUPERVISOR 208 GOLF COURSE SUPERINTENDENT 076A PARK MAIN'I'ENANCE SUPERVISOR 368 PUBLIC WORKS SUPERVISOR I 416 SEWER SUPERVISOR I 172A TRAFFTC MAINTENANCE SUPV I 525A WATER M1IINTENANCE SUPERVISOR 528 WATER SERVICE SUPERVISOR 532 WATERSHED SUPERVISOR I 536 ZOO SUPERVISOR 1593.76 1637.01 1625.64 1669.75 2b8A BRIDGE MAINT 5UPERVISOR I 103 FORESTRY SUPERVISOR II 230A METER OPERATIONS SUPERVISOR 369 PUBLIC WORKS SUPERVISOR IT 809 SEWER SUPERVISOR II 560 SUPV OF GARBAGE COLLECTION 964 VEHICLE MECAANIC SUPERVISOR I 194 WATER UTII,ITY MA1NS SUPERVISOR 542 WATERSHED SUPERVISOR II 354 ANIMAL CONTROL SUPERVISOR 168228 1730.58 1715.93 1765.19 173 EQUIPMENT MAINT SUPERVISOR A B � t�) 172533 1773 63 1759.84 180910 620 TRAFFIC MAINTENANCE SUPV II 557A WATER PLANT PRODUCTION SUPV 1780.94 1835.22 1816.56 1871.92 38 ARTICLE 24 - WAGE SCHEDULE Cont. 233A BUII.D MAINT SUPV-LIBRARIES 622 PUBLIC WORKS SUPERVISOFC III 623 SEWER SUPERVISOR III 269A BRIDGE MAiNT SUPERVISOR II 183522 1887.56 187192 192531 � • : ��rlilT/\I�Y�7.Y/JZ��t�� 1938.87 1995.19 1977.65 2035.09 624 PUBLIC WORK5 FIELD 5UPERVISOR 199825 2057 61 2038.22 2098 76 . .1 : _ ��2��/:�1��.Yi ' ' �f'i�3. : :�y 2058.59 2119.98 2099.76 2162.38 �`�� 39 q�-�3.� ARTICLE 25 - TERMS OF AGREEMENT 251 This Agreement shall be effective as of 7anuary 1, 1995, and shall continue in effect through December 31, 1996. This Agreement shall not be extended orally and it is understood that it shall expire on the date indicated. 25.2 It is understood that this settlement shall be recommended by the City Negotiator, but is subject to approval by the City Council and Civil Service Commission. 25.3 The Employer and the ASSOCIATION acknowledged that during the meeting and negotiating which resulted in this AGREEMENT, each had the right and opporiunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this agreement. Any and all prior agreements, resolutions, practices, policy or rules or reguiations regarding the terms and conditions of employment to the extent they are inconsistent with this agreement are hereby superseded. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this day of �uN1z- 1996. CITY OF SAINT PAUL ��' �--�---, i City La or Negotiato THE SAINT PAUL MANUAL AND MAINTENANCE SUPERVISORS ASSOCIATION o � resident �o��.I�fD � —,.,.--^--- --�� .� / � �- ��5 C� 1995 -1996 LABOR AGREEMENT BETWEEN THE CITY OF SAINT PAUL AND THE SAINT PAUL MANUAL & MAINTENANCE � SUPER�ISORS ASSOCIATION r �� -'�35 � INDEX ARTICLE TITLE PAGE 1 Purpase of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Recognition ..................................... 2 3 Maintenance of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Employer Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 Employer Authoriry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Association Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Empioyee Rights-Grievance Procedure . . . . . . . . . . . . . . . . . . . . 8 8 Savings Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 9 Seniority .......... .............. .. . .. . ... .. .. . 12 10 Discipiine . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 11 Constitutional Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 12 Overtime and Premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 13 Uniforms ...................................... 17 14 Vacation ...................................... 18 • IS Holidays ...................................... l9 16 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 17 City Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 18 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 19 Working Out of Classification . . . . . . . . . . . . . . . . . . . . . . . . . 31 20 Sick Leave and Parental L.eave . . . . . . . . . . . . . . . . . . . . . . . . 32 21 No Strike, No Lockout . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 22 Right to Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 23 Deferred Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 24 Wage Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 25 Terms of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 • r.� �" � �� • ARTICLE i- PURPOSE OF AGREEMENT i.l This AGREEMENT is entered into betureen the City of Saint Paul, hereinafrer called the EMPLOYER, and the St. Paul Manual and Maintenance Supervisors Association, hereinafter called the ASSOCIATION. 1.1.1 Assure sound and mutuaily bene�cial working and economic relationships between the parties hereto; 1.1.2 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation andJor application; and 1.13 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. 1.2 The EMPLOYER and the ASSOCIATION, through this AGREEMENT, shall continue their dedication to the highest quality public service to the residents of the City of Saint Paul. Both parties recognize this AGREEMENT as a pledge of this dedication. • C� ��-�3� ARTICLE 2 - RECOGNI'S'ION • 2.1 The EMPLOYER recognizes the ASSOCIATION as the exclusive representative, under the Public Employment Iabor Relations Act of 1984, as amended, for a11 personnel in the foilowing classifications: All manual maintenance supervisors in the class�cation of Animai Control Supervisor, Bridge Maintenance Supervisor I, Bridge Maintenance Supervisor II, Building Maintenance Supervisor--Flre Department, Building Maintenance Supervisor-Libraries, Buiiding Maintenance Supervisor--Parks & Recreation, Custodial Supervisor--Civic Center, Custodian Engineer (Public Safety Building), Dispatcher I, Equipment Maintenance Supervisor, Forestry Supervisor I, Forestry Supervisor IT, Golf Course Superintendent, Marina Services Supervisor, Meter Operations Supervisor, Night Custodia] Supervisor--Civic Center, Park Maintenance Supervisor, Public Works Fieid Supervisor, Public Works Supervisor 1, Public Works Supervisor II, Public Works Supervisor III, Senior Zoo Keeper, Sewer Supervisor I, Sewer Supervisor II, Sewer Supervisor III, Supervising Gardener, Supervisor of Garbage Collection, Supervisor of Water Production Maintenance, Traffic Maintenance Supervisor I, Traffic Maintenance 3upervisor II, Vehicle Mechanic Supervisor, Water Production Operations Supervisor, Water Service Supervisor, Water-Shed Supervisor I, Water-Shed Supervisor Il, R�ater Utility Mains Supervisor and Zoo Supervisor who are employed for more than • fourteen (14) hours per week and more than one hundred (100) work days per year by the City of Saint Pau] or who are under the control of the City of Saint Paul in the setting of terms and conditions of employment, excluding all other employees. 2.2 In the event the EMPLOYER and the ASSQCIATION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. It is understood that this provision shall refer to the Bureau of Mediation Services only such issues as by law are under its jurisdictzon. 2.3 The EMPLOYER shall not enter into any agreements covering terms and conditions of employment with the employees of the bargaining unit under the jurisdiction of this AGREEMENT, either individually or collectively which in any way conflicts with the terms and conditions of this AGREEMENT, except through the certified representative. 2.4 Neither the ASSOCIATION nor the EMPLOYER shall discrnninate against any employee because of ASSOCIATION membership or non-membership, or because of his/her race, color, sex, religion, nationai origin, or political opinion or affiliations. 2.5 A13 existing Civii Service Rules shall appiy except those superseded by this AGREEMENT. � 2 ��- ��; . ARTICLE 3- MAII�'TENANCE OF STANDARDS 3.1 The City agrees that all conditions of employment relating to wages, hours of work overtime differentials, vacations and general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul and Saint Paui Salary Plan and Rates of Compensation at the time of the signing of this AGREEMENT, and the conditions of employment shall be nnproved wherever specific provisions for improvement are made elsewhere in this AGREEMENT. • � �� U� ARTICLE 4 - EMPLOYER SECURITY • 4.1 The ASSOCIATTON agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow-down or other interruption af or interference with the normal functions of the EMPLOYER. • C , J R� ARTICLE 5 - EMPLOYER AUTHORTTY • 5.1 The EMPLOYER retains the sole right to operate and manage all manpower, facilities and. equipment in accordance with appiicable laws and regulations of appropriate authorities. 5.2 Any terms and conditions of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish, or �l'uninate. 5.3 The exercise by the EMPLOYER of, or its waiver of, or its failure to exercise its fuil right of management or decision on any matter or occasion, shall not be a precedent or be bindina on the EMPLOYER, nor the subject or basis of any grievance not admissible in any arbitration proceeding. 5.4 A public EMPLOYER is not requited to meet and negotiate on matters of inherent managerial policy which include, but are not limited to, such areas of discretion or policy as the functions and programs of the EMPLOYER, its overall budget, utilization of technology and organizational suucture and selection and direction and number of personnel. • C� ��f1 `� �J� � ARTICLE 6 - ASSOCIATION SECURITY 6.1 The EMPLOYER shall deduct from the wages of the employees who authorize such a deduction in writing an amount necessary to cover monihly ASSOCIATION dues. Such monies shall be remitted as directed by the ASSOCIATION. 6.2 The ASSOCIAT'ION may designate employees from the bargaining unit to act as stewards and alternates and shall inform the EMPLOYER in writing of such choices and of changes in the positions of stewards and/or a3ternates. It is further understood that the number and locations of stewards shall be limited and confined to numbers and locations as are necessary and reasonable to administer the provisions of this AGREEMENT. 6.3 The EMPLOYER shall make space available on the employee bul]etin board for the posting of ASSOCIATION notice(s) and announcements(s). 6.4 The ASSOCIATION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders, or,}udgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. 6.5 The E?viPLOYER agrees that on the EMPLOYER'S premises and without loss of pay the ASSOCIATION stewards shall be allowed to post official ASSOCIATION notices of the • designated representatives, to transmit communications auffiorized by the ASSOCIATION or its officers under the terms of this contract, and to consult with the EMPLOYER, its representative, ASSOCIATION officers or the ASSOCIATTON representative concerning the enforcement of any provisions of this AGREEMENT, so long as such action does not interfere with regular Empioyee duties and is reasonable and necessary. 6.6 Stewards are authorized to perform and discharge the duties and responsibilities which are assi�ned to them under the terms of this AGREEMENT and any supplementary AGREEMEI3TS. The EMPLOYER agrees that there shall be no restraint, interference, coercion or discrimination against a steward because of the performance of such duties. 6.7 Any present or future employee who is not an ASSOCIATION member may be required to contribute a fair share fee for services rendered by the ASSOCIATION. Upon notification by the ASSOCIATION, the EMPLOYER shall check off said fee from the earnings of the employee and uansmit the same to the ASSOCIAI'ION. In no instance shali the required contribution exceed a pro-rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shali remain operative only so long as specifically provided by � 6 ��- �3� ARTICLE 6 - ASSOCIATION SECURITY � (CONT.) Minnesota law, and as otherwise legal. It is also understood that the ASSOCIATION agrees to indemnify and hold the EMPLOYER harniless against any and all claims, suits, orders or judgments brought or issued against the City as a result of any action caken or not taken by the City under the provisions of this section. • � ^- �� • ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of ihe specific terms and conditions of this AGREEMENT. 7.2 Association Representatives - The EMPLOYER will recognize Representatives designated by the ASSOCIATION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Artic]e. The ASSOCIATION shall notify the EMPLOYER in writing of the names of such ASSOCIATTON representatives and of their successors when so designated as provided by 6.2 of this AGREEMENT. 7.3 Processing of a Grievance - It is recognized and accepted by the ASSOCIATION and the EMPLOYER 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 normal working hours only when consistent with such Employee duties and responsibilities. The aLgrieved Employee and an ASSOCIATION Representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the � EMPLOYEE and ffie ASSOCIATION Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 7.4 Procedure - Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step I. An Employee claiming a violation concerning the interpretation or application of this AGREEMENT sha11, within �ne m�nth after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the EMPLOYER. The EMPLOYER-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance notresolved in Step 1 and appealed to Step 2 shail be placed in writing setting forth the nature of the grievance, the facts on which it is based, ihe provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated representative's final answerin Step 1. Any grievance not appealed in • ��-'�� • ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continued) writing to Step 2 by the ASSOCIATION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the ASSOCIATION and discussed with the EMPLOYER-designated Siep 2 representative. The EMPLOYER-designated representative shall give the ASSOCIATION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER-designated representative's fina] Step 2 answer. Any grievance not appealed in writing to Step 3 by the ASSOCIATION within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shail be presented by the ASSOCIATION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall give • the ASSOCIATION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER-designated representative's finai answer in Step 3. Any grievance not appealed in writing to Step 4 by the ASSOCIATION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appea]ed to Step 4 by the ASSOCIATION shail be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rules Goveming the Arbitration of Grievances" as established by the Pubiic Empioyment Relations Board. 1.5 Arbitrator's Authority - A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the • :� ��/J' f `.�,.i ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDLTRE � (Cont.) EMPLOYER and the ASSOCIATION, and shali have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the appiication of laws, rules, or regulations having ihe force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days fol]owing close of the hearing or the submission of btiefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the ASSOCIATION and shail be based solely on the arbitrator's interQretation or application of the express terms of this AGREEMENT and to the facu of the grievance presented. C. The fees and expenses far the arbitrator's services and proceedinss shall be borne equally by the EMPLOYER and the ASSOCIATION provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. • 7.6 Waiver - If a grievance is not presented within the time limits set forth above, it shall be considered "waived. " If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shali be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the ASSOCIATION may elect to treat the grievance as denied at that step and immediately appea] the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the ASSOCIATION in each step. 7.7 It is understood by the ASSOCIATION and the EMPLOYER that if an issue is determined by this grievance, that issue shall noc again be submitted for arbitration under the provision of the Rules and Regulations of Civil Service. It is further understood that if an issue is submitted and determined by the grievance procedure under the Civil Service Rules and Regulations, it shall not again be submitted for arbitration under the procedures set forth in this Article. • 10 �C�-`Z3� • ARTICLE S - SAVINGS CLAUSE 8.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota. In the event any provision of this AGREEMENT shall be held 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 provisions shall be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party_ All other provisions of this AGREEMENT shall continue in Full force and effect. • • I1 �G- �3� � ARTICLE 9 - SENIORITY 9.1 Seniority, for the purpose of this AGREEMENT, shall be defined as follows: A. "City Senioriry" - The length of continuous, regular and probationary service with the EMPLOYER from the last date of employment in any and all ciass titles. B. "Class Senioriry" - The length of continuous, regular and probationary service with the EMPLOYER from the date an employee was first certified and appointed to a class title covered by this AGREEMENT, it being further understood that class seniority is co�ned to the curtent class assignment held by an employee. 9.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 9.3 Seniority shall not accumulate during an unpaid leave of absence, except when such leave is granted for a period of ]ess than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appoinunent to the unclassified service of the EMPLOYER; or is granted to take an elected or appointed full-time position with the ASSOCIATION. • 9.4 In the event it is determined by the EMPLOYER that it is necessary to reduce the work force, employees will be laid-off by class title within each division based on inverse 1enQth of "Class Seniority." Recall from layoff shall be in inverse order of layoff, except that recall rights shali expire after txn years of layoff. In cases where there are promotional sezies, such as Supervisor I, Supervisor II, Supervisor III, etc., when the number of employees in these higher titles is to be reduced, employees who have held lower titles which are in this bargaining unit will be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs are made by any class titie in any department. It is further understood that a laid off employee shall have the right to placement in any lower-paid class titie, provided said employee has been previously certified and appointed in said lower-paid class tiile. In such cases, the employee shall first be placed on a reinstatement register and shali have "Class Seniority° based on the date originally certified and appointed to said class. Emp]oyees may also appiy for positions in a lower ciass but may, nevertheless, return to original class as provided in paragraph (A) above. 9.5 To the extent possible, vacation periods shaii be assigned on the basis of "City Seniority", within each class, by division. It is however, nnderstood that vacation � 12 �t� - ��5 ARTICLE 9 - SEiVIORTTY � (Cont.) assignmenu shall be sub}ut to the ability of the EMPLOYER to maintain operations. � J 9.6 Promotions shail be handled in accordance with current Civil Service Rules and practices. 9.7 The EMPLOYER shall post a seniority list at least once every six (6) months. • 13 �f� �3� � ARTICLE 10 - DI5CIPLINE 10.1 The EMPLOYER will discipline employees for just cause only. Discipline wiil be in the form of: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 10.2 Suspensions, reductions and discharges will be in written form. 10.3 Employees and the ASSOCIATION wili receive copies of written reprimands and notices of suspension and discharge. 10.4 Employees may examine all information in their EMPLOYER personnel files that concerns work evaluation, commendations andlor discipiinary actions. Fi]es may be examined at reasonable times under the direct supervision of the EMPLOYER. No documents concerning work evaluation or discipline of an employee wiil be placed in the employee's personnel file unless it contains the signature of the emp]oyee acknowledging the employee's receipt of the document prior to placing it in the file. • 10.5 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or ASSOCIATION may request, and shall be entitled to a meeting with the EMPLOYER representative who initiated the suspension with intent to discharge. During said five (5) day period, the EMPLOYER may affirtn the suspension and discharge in accordance with Civil Service Rules or may modify, or withdraw same. 10.6 An employee to be questioned concerning an investigation of disciplinary action shall have the right to request that a ASSOCIATION representative be present. � 14 ��- �� • ARTICLE 11 - CONSTITUTIONAL PROTECTION C� 11.1 Employees shali have the rights granted to all citizens by the United States and Minnesota State Constitutions. • 15 ��"�� • ARTICLE 12 - OVERTIME AND PRENIIUMS 12.1 Employees (with the exception of those covered in Section 12.2 hereofl shall be paid one and one-half (1.5) times the regular rate of pay for work performed in excess of the regular work day and/or the forty (40) hour work week. 12.2 Empioyees in classifications in salary grade 41 or above shall be paid straiDht time for work performed in excess of the tegular work day and/or forry (40) hour work week. 12.3 An employee who is called back to work following ihe completion of his/her regular work day shall be guaranteed four (4) hours pay at his regular straight time rate. 12.4 Major holidays, for the purpose of this Section, shal] include the following: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day. Minor holidays, for the purpose of this Section, shall include the following: Martin Luther King Day, Presidents' Day, Veterans' Day, and the Day after Thanksgiving. An employee working a major holiday as defined herein shall receive time and one-half (1.5) his/her regular rate of pay for ali work performed on such holiday, and an employee working a minor holiday as defined herein shall receive straight time for such holiday work, it being understood that ai1 payments for holiday work shall be in addition to regular holiday pay. • 12.5 An employee shall be compensated in either compensatory time off or overtime payment in cash. 12.6 A night differential of 5ve percent (5%) shail be provided to employees who work night shifrs as defined herein. A night shift wil] be considered to be a regulariy assigned shift beginning earlier than 6 a.m., or ending ]ater than b p.m., provided that at least five (5) hours of said shift are worked between the hours of 6 p.m. and 6 a.m. It is further understood that in case of regularly assigned shifts beginning earlier than 6 a.m. or ending later than 6 p.m. which involve less than five (5) hours of work, an employee shall be eligible for the night differential only for the hours actually worked during night shift hours. • 16 �(�- ��5 • ARTICLE 13 - UNIFORMS 13.1 The EMPLOYER agrees that if any employee is required to wear any kind of uniform or safen� equipment as a condition of continued employment, snch uniform and/or equipment shall be fumished and maintained by the EMPLOYER. It is however, further understood that the EMPLOYER'S obligation to provide uniforms and/or safery equipment shall be confined to present practices and/or requiremenu of law. 13.2 Any uniform or safety equipment provided pursuant to this Article, damaged in the line of duty, shali be repiaced by the EMPLOYER, provided that said damage is not attributable to the negiigence or other unproper act of the employee. 133 The EMPLOYER agrees to pay $40.00 in 1995 and $50.00 in 1996 for safety shoes purchased by an empioyee who is a member of this unit. The EMPLOYER shal] only contribute toward the cost of one pair of shoes per contract year. This reimbursement shall be made only after investigacion and approval by the immediate supervisor of that employee. This EMPLOYER contribution shall apply only to those employees who are required by the EMPLOYER to wear protective shoes or boots. • • 27 q��-�1�� • ARTICLE 14 - VACATION 14.1 In each calendar year, each full-titne employee shall be granted vacation according to the following schedule: Years of Service 0 thru 4th year Sth year thru 9th year lOth year thru 15th year 16th yearthru 23rd year 24th tear and thereafter Vacation Granted 10 days 17 days 19 days 24 days 26 days 14.2 Employees who work less than full-time shail be granted vacation on a pro rata basis. 14.3 The head of the department may permit an employee to carry over into the following fiscal year up to one hundred twenty (120) hours of vacation. 14.4 The above provisions of vacation shall be subject to Resolution No. 6446, Section I, Sub. H. 14.5 For the purposes of this Article 14, years of service shall be defined as the number of • years since the employee's date of appointmenc. This shali not include years of service prior to a resignation. u EE�? �� -�,�� ARTICLE 15 - HOLIDAYS 15.1 Holidays recognized and observed. The fallowing days shali be recognized and observed as paid holidays: New Years Day Labor Day Martin Luther King Day Veterans' Day Presidents' Day Thanksgiving Day Memorial Day Day After Thanksgiving Independence Day Christmas Day Two floating holidays Eligible empioyees 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 shal] be observed as the holiday. 15.2 The floatiag holidays sei forth in Section 15.1 above may be taken at any time during the contract year, subject to the approval of the Department Head of any employee. � 15.3 Eligibility Reqvirements. In order to be eligibte 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 must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purpose of this section. It is further understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. . 19 � '�� t 3�, � ARTICLE 16 - INSURANCE 16.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by the Employer shall be solely controlled by the conuacts negotiated by the Employer and the benefit providers. T'he 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 impleTnents. 16.2 Effective January 1, 1995, for each eligible employee covered by this Agreement who is employed full-time and who selects employee insurance coverage, the Emp]oyer agrees to conuibute the full cost of the single health insurance premium. Effective January 1, 1995 for each eIigible 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 ]ess. Effective January 1, 1996 for each eligible employee covered by this Agreement who is employed full-time and who selects employee insurance coverage, the Employer agrees to contribvte the full cost of the single health insvrance premium. Effective January 1, 1996 the Employer's contribution toward family insurance coverage shown above for 1996 shall be adjusted to reflect an increase of fifty percent • (50%) of the largest 1996 premium increase for family health insurance coverage provided by the Employer. 16.3 For each eligible employee the Employer agrees to contribute the cost of $5,000 life insurance coverage. 16.4 In addition to the $5,000 Life Insurance Coverage in 16.3 the Employer agrees to contribute the cost of additional Life Coverage or $0.59 per thousand dollars of coverage per month, whichever amount is less. The tota] amount of Life Insurance Coveraee provided under this Section and Section 16.3 for each employee shall be equal to the employee's annua] salary to the nearest full thousand dollars. For the purpose of ihis section, the employee's annual salary shall be based on the salary as of the beginning of a contract period. This contribution shall be paid to the City's Group Health and WeIfare Plan. Retiree Insurance 16.5 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 I6.1 through 16.17. . � gL�° `�l �� • • ARTICLE 16 - INSURANCE below, toward a health insurance plan offered by the Employer: 16.6(1) Be receiving benefits from a public employee retirement act at the tune of retirement, and 16.6(2) Have severed his/her re2ationship with the Ciry of Saint Paul for reasons other than misconduct, and 16.6(3) Have completed at least 20 years service with the City of St. Paul. EarIv Refirees 16.7 This Section shail apply to fuil time employees who: 16.7(1) 16.7(2) 16.7(3) 16.7(4) 16.7(5) � Retire on or after January 1, 1996, and Were appointed on or before becember 31, 1995, and Have not attained age 65 at retirement, and Meet the terms set forth in Section 16.6 above, and Select a health insurance plan offered by the Employer. Until such emp]oyees 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, shali not exceed $350.00 per month. For employees selecting family health insurance coverage, the Employer will contribute $350.00 per month toward the premium for family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. In addition, the Employer wili contribute the cost for $S,OOO life insurance until the retiree attains the age of 65. When such early retiree attains age 65, the provisions of Section 16.9 shal] apply. This Section shall apply to full time employees who: 16.8(1) 16.8(2) Retire on or after January 1, 1996, and Were appointed on or after January 1, 1996, and 21 ��-`�� ARTICLE 16 - INSURANCE (Continued) 16.8(3J 16.8(4) 16.8(5) Have not attained age 65 at retirement, and Meet the conditions set forth in Section 26.6 above, and Select a heakh insurance pian 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 toward the cost of single or family health insurance covenge. Any unused portion shail not be paid to the retiree. In addition, the Employer wil] conuibute the cost for $S,OOO life insurance unti] the retiree attains the age of 65. When such early redree attains age 65, the provisions of Section 16.10 shall aAP�Y- Upon such retiree reaching the aee of sixty-five (65), such employer contributions toward such early retiree coverages shall terminate. The Employer will also contribute the cost for $5,000 of life insurance coverage for such early retiree until the early retiree reaches age sixty-five (65), at wich time the life insurance coverage shall terminate. • Regular Retirees (Age 65 and over) 16.9 This Section shall apply to full time employees who: 169(1) 169(2) 16.9(3) 16.9(4) 16.9(S) Retire on or after January 1, 1996, and Were appointed on or before January 1, 1996, and Have attained age 65 at retirement, and Meet the terms set fonh in Section 16.6 above, and Select a health insurance plan offered by the Employer. The Employer agrees to contribute a maximum of $550.00 per month toward the premium for single or family health insurance coverage offered by the Employer to reguIar retirees and their dependents. Any unused portion of the Empioyer's contribution shall not be paid to the retiree. This Section sha21 aiso appty to early retirees who retired under the provisions of Section 16.6 when such early retirees attain age 65. • 16.10 This Section shall apply to full time employees who: 22 �L • ARTICLE 16 - INSURANCE (Continued) 16.10(1) 16.10(2) 16.10(3) 16.10(4) 16.10(5) Retire on or afrer January 1, 1996, and Were appointed on or after January 1, 1996, and Have attained age 65 at retirement, and Meet the terms set forth in Sections 16.6 above, and Select a health insurance plan offered by the Employer. The Employer agrees to contribute a maximum of $300.00 per month towards the cost of singIe or family health insurance coverage offered to regular retirees and their dependents. Any unused portion shail not be paid to the retiree. This Section shall also apply to early retired under the provisions of Section 16.8 when such early retirees attain age 65. 16. I I If an empioyee does not meet the condition of Section 16.6(3}, but has completed at least ten (10) years of service with the City, helshe may purchase single or family � health insurance coverage through the Employer's insurance program. The total cost of such insurance coverage shail be paid by the retiree. 16.12 A retiree may not carry his/her spouse as a dependent if such spouse is also a City retiree or City empioyee and eligible for and is enrolled in the City's hea2th insurance program. 26.13 An}� cost of any premium for any City-offered employee or famity insurance coverage in excess of the dollar amounts stated in this Article 16 shall be paid by the employee. 16.14 The contributions indicated in this Article 26 shall be paid to the Employer's Third Party� Administrator. • 16.15 The Emptoyer will provide a system whereby the employee's conuibution toward premiums for the employee selected heaith insurance coverages can be paid on a pre- tax basis. Empioyees covered by this Agreement will be eligibie to participate in the Flexible Spending Account as offered by the Employer. The service fee charged to participating employees shall be paid by the employer. 16.16 Employees covered by this Agreement shall be eligible to participate in ihe Dependent Care Reimbursement Account offered by the Employer. The service fee charged to participating employees shall be paid by the Employer. 23 (�!- �� t� ��J • ARTICLE 16 - INSURANCE (Continued) Survivor Insurance 16.17 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 empIoyees. In the event of the deatl� of an earIy retiree or a regular retiree, the dependents of the reTiree shall have Yhe option, within thirty (30) days, to continue the current hospitalization and medical benefits which said dependents previousiy 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: 16.27(1) Subsequent remarriage of the surviving spouse of the deceased employee or retiree. . 16.17(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 ninery (90) days of said employment. . 24 �-�,�9 `� ✓J • ARTICLE 17 - CTTY MII,EAGE 17.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and empioyees for the use of their own automobiles in the performance of their duties, the foIlowing provisions are adopted. 17.2 Method of Coarputation: To be etigible for such reimbursement, ati of£cers and empioyees must receive written authorizatian from the Department Head. Type 1. If an empioyee is reguired to use his/her own automobile OCCASIONALLY during emp]oyment, the employee shall be reimbnrsed at the rate of $3.00 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 $.15 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 $.15 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 $3.00 per day for each day of work. In addition the employee shall be reimbursed $.15 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 $.15 per mile driven and shall not be eligible for any per diem. 17.3 The City wi11 provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their personai car available for Ciry b¢siness. Such parking will be provided onty for the days the employee is required to have his or her own personal car available. 17.4 Rules and Regutations: The Mayor shall adopt rules and regulations governing the procedures for antomobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file � monthl}� affdavits 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 25 �� ARTICLE Z7 - CTTY MII.EAGE � (Cont.) liability insurance in amounts not less than $300,000 single lunit coverage, with the City of Saint Pau] named as an additional insured. These rules and regulations, together witt� the amendment t[iereto, shaIl be maintained on file with the City Cierk. � . 26 ��i�- ��5 . ARTICLE 18 - SEVERANCE PAY 18.1 The Employer shall provide a severance pay program as set forth in this ArticIe. 28.2 To be eligible for the severance pay program, an employee must meet rhe follawing requirements: 18.2.1 The emptoyee must be 58 years of age or older or must be eligible for pension under the "rule of 85" or "rule of 90" provisions of the Public Employees Retirement Association (PERA). 18.2.2 The empioyee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement. Those empIoyees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 18.2.3 The employee must have at least ten (10) years of service under the classified or unclassified Civil Service at the time of separation. 18.2.4 The employee must file a waiver of reemployment with the Director of Human � Resources, which wili ciearly 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. 18.2.5 The employee must have accumulated a minimum of sixty {64) days of sick leave credits at che time of his/her separation fram service. 18.3 If an emplo}�ee requests severance pay, and if the employee meets the eligibility requirements set forth above, he or she wii] be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 18.4 The maxirnum amount of money that any employee may obtain through this severance pay program is $6,500. 28.5 fior the purpose of this severance program, a death of an employee shalt be considered as separation of employment, and if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. • 27 q� � i �� ARTICLE 18 - SEVERANCE PAY (Continued) 18.6 For the purpose of this severance program, a transfer from the Ciry of Saint Paul employment to Independent School District No. 625 empioyment is not considered a separation of empIoyment, and such transferee shall not be eligible for the City severance program. 18.7 The manner of payment of such severance pay shaII be made in accordance with the provisions of City Ordinance No. 11490. 18.8 This severance pay program shatt be sabject to and govemed by the provisions of City Ordinance No. 11490 except in those cases where ffie specific provisions of this Article conflict with said ordinance and in such cases, the provisions of Uus Article shall conuol. 18.9 The provisions of this Article shall be effective December 31, 1984. 18.10 Any emptoyee hired prior to December 31, 1982, may, in any event, and upon meeting the qualifications of this Article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, Section 1, Section 6, draw severance pay. However, an election by the employee to draw severance pay under either this articie or the • ordinance shaIl constitute a bar to receiving severance pay from the other. Any emglcyee hired after December 31, 1984, shall only be entitled to the benefits of this article upon meeting the qaalifications herein, 18.11 For employees regularly appointed to a title covered by this Agreement on or afrer January 1, 1990, the Employer shall provide only the severance pay program as set forth in 18.12 through 18.18. 18.12 The Employer shall provide a severance pay program as set forth in this Article. 18.13 To be e:igible for the severance pay pregram, an employee must meet the foilowing requirements: 38.13,1 The employee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement. Those empIoyees who are discharged for cause, misconduct, inefficiency, incampetency, or any other discipIinary reason aze not eligible for the Ciry severance pay program. 18.13.2 The employee must fiFe a waiver of reemployment with the Human Resource Director, which wiil clearly indicate that by requesting � severance pay, � ��- �� ARTICLE 28 - SEVERANCE PAY (Continued) the employee waives all ciaims to reinstatement or reemployment (of any type), with the Cit}� or with Independent School District No. 625. 18.133 The employee must have an accumulated batance of at least eighty (80) days of sick leave credits at the time of his separation from service. 18.14 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she witl be granted severance pay in an amount equat to one-half of the daily rate of pay for the position held by the employee on the date of sepazation for each day of accrued sick leave subject to a maximum as shown below based on the number of years of service in the City. Years of Service with the City • At Least 20 21 22 23 24 25 Maximum Severance Pay 111 . 111 11 : 111 � 1�� 1 t11 28.15 For the purpose af this severance program, a death of an employee shail be considered as separation of employment, and if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay shall be made to the employee's estate or spouse. l 8.16 For the purpose of this severance program, a transfer from ihe City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and snch transferee shall not be eligible for the City severance program. i8. i7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 18.18 This severance pay program shall be subject to and governed by the provisions of City Ordinance No. 11490, except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this Article shall control. 18.19 Notwithstanding Article 18.11, employees regularly appointed to a tide covered by this � Agreement prior to 7anuary 1, 1990, who meet the qualifications as defined in 18.13, may etect to draw severance pay under the provisions set fonh in 18. 24. However, an 29 ��^," �� ARTICLE 18 - SEVERANCE PAY (Continued) election by an employee to flraw severance pay under 18.13 through 18.14 shall constitute a bar to drawing severance pay under any other provisions set forth in this Article 18. � � 30 ��- l,�F • ARTICLE 19 - WORKING OUT OF CLASSIF'ICATION • 19.1 Any employee working an out-of-ciass assignment for a period in excess of fifteen (15) consecutive working days during any fiscai year (of the Employer) shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth day of such assignmeni. For purposes of this article, an out-of-class assignment is defined as the full-time performance of all of the significant duties and responsibilities of a classification by an individual in another classification. For the purpose of this article, the rate of pay for an out-of-class assignment shall be the same rate the employee would receive if he was promoted to the higher classi£cation. • 31 �� • ARTICLE 20 - SICK LEAVE AND PAREN'I'AL LEAVE 20.1 Sick leave shail be eamed and granted in accordance with the Civil Service Rules. 20.2 In the case of a serious illness or disability of an empioyee's child, parent, or household member, the head of the department shall grant leave with pay in order for the employee to care for or make azrangements for the caze of such sick or disabled persons. Such paid leave shail be drawn from the employee's accumu]ated sick leave credits. Use of such sick leave shali be limited to 40 hours per incident. 20.3 Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, may be granted one day of sick leave to attend the funeral of the employee's grandparent or grandchild. 20.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he/she may conven any part of such excess to vacation atthe rate of one-haif day's vacation for each day of sick leave credit. No employee may convert more than ten (10) days of sick leave in each calendar year under this provision. 20.5 Parental Leave. Pregnant employees of the City of Saint Paul shali be eligibie for the use of paid sick leave and unpaid leave of absence in the same manner as any other • disabled or ill City employee. Such paid sick leave eligibility shali begin upon cenification by the employee's attending physician that the employee is disabled in terms of her ability to perform the duties of her position. A twelve (12) month Pazental 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 adopcion of a child. Such leave may be extended an additional twelve (12) months by mutua] agreement between the employee and the Empioyer. 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 foilowing 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. 20.6 Lea��e for Schoof Conferences: An employee shall be granted up to a tota] of sixteen (16) hours during a school year to attend conferences or classroom activities related to the empioyee's child, provided the conference or classroom activities cannot be scheduled during non-work hours. When the leave cannot be scheduled during non-work hours, and the need for the leave is foreseeabie, the emp]oyee must provide reasonable prior notice of the leave and make a reasonable effort to schedule the leave • 32 �� ^ // u�J �� ARTICLE 20 - SICK LEAVE AND PARENTAL LEAVE so as not to unduly disrupt the operations of the Employer. An employee shall be allowed to use vacation or compensatory time for this leave; otherwise, this leave shall be without pay. 20.7 Voluntary Unpaid Leave of Absence: Effective upon the date of the signing of this Agreement, a full-tune employee may be granted a voluntary leave of absence wathout pay for up to 480 hours per fiscal year. During such leave of absence, the employee sha11 continue to earn and to accrue vacation and sick leave, seniority credits, and shall maintain insurance eligibility as though he or she was on the payroil. Any leave of absence granted under this provision is subject to the approval of the Department Head. n LJ C J 33 - 1 U �JJ • ARTICLE 21 - NO STRIKE, NO LOCKOUT • 21.1 The ASSOCIATIOIV and the EMPLOYER agree that there shall be no strikes, work stoppages, slow downs, sit-down, stay in, or other considered interference with the employers' business or affairs by the ASSOCIATION and/or the members thereof, and there shall be no bannering durin; the existence of this AGREEMENT without first using al] possibie means of peacefui sett]emem of any controversy that may arise. • 34 g� -�� ARTICLE 22 - RIGH'I' TO SUBCONTRACT � 22.1 The EMPLOYER may at anytime during the duration of this AGREEMENT contract out work done by the empioyees covered by ihis AGREEMENT. In the event that such contracting would result in reduction of the work force covered by this AGREEMENT, the EMPLOYER shail give the ASSOCIATION a ninety (90) calendar day notice of the intention to subcontract. , 35 �1C� •• ARTICLE 23 - DEFERRED COMPENSATION • 23.1 Effective January 1, 1996 empioyees who have completed fifteen (IS) years of service • shall have $300,00 for Deferred Compensation paid by the Employer on a dollar for dollar match. 23.2 Effective January i, 1996 employees who have completed twenty (20) years of service shall have $500.00 for Defened Compensation paid by the Employer on a doliar for doilar match. • 36 • ARTICLE 24 - WAGE SCHEDULE 481 DISPATCHER A (1) 18 99 19.3? 123A CUSTODIAL SUPV--CIVIC CENTER A (1) 17 63 17.98 212A NIGHT CUSTODIAL SUPV--CC 14.86 15 16 � 304A MARINA SBRVICES SUPERVISOR A B �1) C�) l 468.88 I S l 0.00 149826 154020 338A SENIOR ZOO KEEPER 1527.71 1568.83 155826 164020 �� - �� , 37 i ARTICLE 24 - WAGE SCHEDULE Cont. 475 FORESTRY SUPERVISOR 208 GOLF COURSE SUPERINTENDENT 076A PARK MAINTENANCE SLTPERVISOR 368 PUBLIC WORKS SUPERVISOR I 416 SEWER SUPERVISOR I 172A TRAFFIC MAINTENANCE SUPV I 525A WATER MAINTENANCE SUPERVISOR 528 WATER SERVICE SUPERVISOR 532 WATERSHED SUPERVISOR I 536 ZQO SUPERVISOR 1593.7b ]637.O1 1625.64 3669 75 268A BRIDGE MA1NT SUPERVISOR I 103 FORESTRY SUPERVISOR II 230A METER OPERATIONS SUPERVISOR 369 PtTBLIC WORKS SUPERVI30R II � 809 SEWER SUPERVISOR II 560 SUPV OF GARBAGE COLLECTIOI�3 964 VEHICLE MECHANIC SUPERVISOR I 194 WATER UTILITY MAINS SUPERVISOR 542 WATERSHED SUPERVISOR II 354 ANIMAL CONTROL SUPERVISOR 1682.28 1730.58 1715 93 1765.19 173 EQIJIPMENT MAINT SUPERVISOR A B ��) �2) 172533 ]773.63 1754 84 1809.10 620 TRAFFIC MAINTENANCE SIJPV II 557A WATER PLAI�T PRODUCTION SUPV 178�.94 183522 1816.56 1871 92 ��° � �5 , 38 . � ARTICLE 24 - WAGE SCHEDULE Cont. 233A BUII,D MA1NT SUPV-LIBRARIES 622 PUBLIC WORKS SUPERVISOR III b23 SEWER SUPERVISOR III 269A BRIDGE MAINT SUPERVISOR II 1835.22 1$87.56 1871.92 1925 31 079 BUII.D MAII3T SUPV--FIRE DEPT 1938.87 1995 ]9 1977.65 2035.09 624 PUBLIC WORKS FTELD SUPERVIS�R 1998.25 2057 61 2038.22 2098.76 680 BUII.D MAINT SUPV--PARKS & REC • 2058.59 2119 98 2099 75 216238 ��- `�'3� , 39 �� i • ARTICLE 25 - TERM5 OF AGREEMENT 25.1 This Agreement shall be effective as of January 1, 1995, and shail continue in effect through December 31, 1996. This Agreement shall not be extended orally and it is understood that it shail expire on the date indicated. 25.2 It is understood that this settlement shail be recommended by the City Negotiator, but is subject to approval by the City Council and Civil Service Commission. 25.3 The Employer and the ASSOCIATION acknowledged that during the meeting and negotiating which resulted in tfus AGREEMENT, each had the right and opportunity to make proposais with respect to any sub}ect concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this agreement. Any and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the extent they are inconsiscent with this agreement are hereby supersecled. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed this day vf �k../1i-- i996, CITY OF SAINT PAUL �t,�tk.-.G� ��.-'�----, � City or Negotiato THE SAINT PA[JL MANUAL AND MAINTENANCE SUPERVISORS ASSOCIATION � �� President ��..� _.�—� =��J=' � -- . e��