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97-1080Council File # �� RESOLUTION Presented Referred To Green Sheet # 40163 Committee Date 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 1997-1998 Labor Agreement between the City of Saint Paul and The Saint Paul Manual & Maintenance 3 Supervisors Association. Requested by Deparnnent oG O�ce oFLabor Relations Adoption Certified by Council Secretary � Appi � B ""�" - "� Form Appro e o Y By: � � b ��/Lu-2 �' zD -�l 7 Approve by Ma x r Submissi Council BY� � i Adopted by Council: Date ��__�q� � ` , DEP.4RTp1E\T/OFFICE/COCVCIL DATE INITIATED GREEN SHEET No.: 40163 LABOR RELATIONS 08-19-97 � � - � o ` � C0�7ACTPERSOV $ PNO�E- I�I71wLUATE [N171AllDaTE NLIE KRAUS 266-6513 Assic*: 1 DEPARTMENT DI �� a cirv cour,c�L 'il'�!.18ER 2 CITY ATt'ORNEY CI7Y CLERf: �fUST BE O� COl"\C[L AGE\DA Bl' (DATE) FOR BUI7GET DIA. FIN. & MGT. SEAVICE DiR. ROITING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIG\qTl'RE PACES I (CLIP ALL LOCATIONS FOR S1G\ATURE) ncno� aeQresren. This resolution approves the attached 1497-1998 Labor Agreement between the City of Saint Paul and The Saint Paul Manual & Maintenance Supervisors Association. RECOMMENDA?101:5: Approve (A) or Rejett (R) PERSONAL SERVICE COlV7'RACTS ML'ST ANSWER THE FOLLOR'ING QUESTIONS: PLANNING COMMISSION _CIVIL SERVICE COMMISSION 1. Haa this persor✓fian ever worked under a wntract for this department? CIB COMMITI'EE Yes No STAFF 2. Has this penon/fimi ever been a city employee? _DISTRICT COURT Yes No SUPPORTS WHICH COL7JCIL OBIECTNE? 3. Does this person/firtn possess a skill noi normalty possessed by any curtent city employee? Yes No Explain all yes answers on separate sheet and attach fo green s6eei INI1'IATING PROBLEM, ISSL'E, OPPORTUNITY (Who, What, When, Where, W6y): � �'�F�' e....y._. �:i �,�t�� ,�� t�� ADVAN7'AGESIFAPPRO�'ED: -- "�—� --. - "'"�'—.�..._---�� AUG 2� ig97 DISAD�'ANTAGESIFAPPROVED: rY �gg�"a'� � �� g DISADVANTAGES IF NOT APPROVED: TOTAL AD70UNT OF TRANSACTIOti: COST/REVENUE BUDGETED: FF,'!CDING SOLiRCE: ACI'IVITY NUMBER: FINANC1.41 I'�FOR\fATIO\: (ERPLAIN) Lr�' Attachment to Green Sheet City of St. Paul Offer for Settlement of M&M 1997 Contract 1. 2. 3. 4. 5. Article 1 - Recognition (Clarification) Update language with title changes as approved by the City Council. Article 7.4 - Grievance Procedure (New - between Step 3 and Step 4) Creates an Optional Mediation Step as part of the grievance process. a'� - to�o Article 7.6 - Waiver Grievances shall be considered waived if not presented within one month of occurrence or if azbitration has not been requested within two months. Also allows the Union to appeal to the next step if the Employer does not answer a grievance within the specified time limits. Article 9.8 - Seniority (New) Creates bumping rights for employees, if the Tri-Council agrees to similar language in their contract. Article 13.1 - Uniforms Changes language in this article, to allow the employer to provide uniforms, with the employee responsible for maintaining the uniform. 6. Article 13.3 - Safety Shoes The Employer agrees to pay $50 per year (no change from 1996) for safety shoes. Employees may accrue $150.00 for the purchase of shoes or boots. 7. Article 16.2 - Health Insurance 8. 9. 1996 - Cunent benefit 1997 1998 Single $180.91 Single $191.40 Single Actual Cost Family $336.41 Family $349.85 Family $349.85 + 50% of increase Article 16.6(3) - Retiree Health Insurance Employment with Schooi District #625 wili not be counted toward the 20 year service requirement for employees hired after 011O1(97 toward years of service for retiree health eligibility. Article 19.1 - Working out of Classification Allows for out-of-title pay after 15 days working in higher title. 10. Article 23 - Aeferred Compensation Reduces eligibility for $300 defened compensation match from 15 yeazs to 10 years. No change for employees with twenty (20) yeazs of service. 11. Article 24 - Wages: 12. Memo of understanding: 01/01f47 2.0% 03/01/98 2.0% 08/O1/97 0.5% 11/01/98 0.8% 12/31/97 0.2% 1997 2.7% 199$ 2.8% Upgrade Forestry Supervisor II from grade 38 to grade 40. Create Park Maintenance Supervisor II in grade 40. q'1-1�8� MEMORANDUM OF UNDERSTAI�DING BETWEEN THE CITY OF SAINT PAUL AND THE SAINT PAUL MANUAL AND MAINTENANCE SUPERVISORS ASSOCIATION I. Effective June 21, 1997, the position of Forestry Supervisor II will be "unstarred" and moved from Grade 38 to Grade 40 of the Manual and Maintenance Supervisors Association. Effective June 21, 1997, James Layer will be realiocated to the position of Forestry Supervisor II. The muumum requirements far Forestry Supervisor II will include a Commercial Drivers License (CDL). The City agrees that the job specification, including the CDL requirement, shall be reviewed at the time the incumbent is repiaced. Backpay shall be retroactive to June 21, 1997. II. Effective June 21, 1997, the position of Park Maintenance Supervisor TI will be created in Grade 40 of the Manuai and Maintenance Supervisors Association and the classification Pazk Maintenance Supervisor shall become Pazk Maintenance Supervisor I. The following persons shall be reallocated to the position of Park Maintenance Supervisor II. Thomas Knutson Cyril Kosel, Jr. Richard Lallier Backpay shall be retroactive to June 21, 1997. III. As of the date of signing of this Memorandum, the following six (6) employees were employed in the classification of Park Maintenance Supervisor: Thomas Knutson Cyril Kosel, Jr. Richard Lallier Frank Saete Fredrick Voss Richard Wiener Notwithstanding Article 9.4 of the Collective Bazgaining Agreement, in the event it is determined by the Employer that it is necessary to reduce the work force in either of the titles of Puk Maintenance Supervisor I or Park Maintenance Supervisor II, employees will be laid off based on inverse length of their total seniority in either of the two classifications, regazdless of the classification in which they are currently working. This method of determining seniority shall expire August 1, 2000, after which, the regular seniarity/layoff provision of the contract will apply. City of Saint Paul n Mary Keamey Director of Labor Relations �-��-5� Date F:\LABREL\CONTR4CT\MMSUPVRY\1997 98\MOU2. The Saint Paul Manual and Maintenance Supervisors Association ��Q�� Daniel Palumbo President �/ �1�� Dat� � r � ' , g ..� - �' ' r t � ��-� �� , , - 1 � , ' - 199'T 1918 , - ; - - _ � =- : - _ : ; ,. < , �.. � i:A�dR .AG�ZE�N�E� ; _ __ , B�TWEEN y � � ` THE ; G�TY 4�' �A � �AUI1 ; r� �; � � _ � � h ) 1 T J t tu � ... - .a < �._o. _, . . . . ..e.�_ .. ...� .. ' . ... ... . . . . ... . .: . .+ v .c.�. . ...,,� /: � (''� T � �;'. � �.Jf��y-�'�^ � } � ` $ 5 -- x r � 3/ k ? n � � .� j . .' �;":- s s ;�,. � +��: � T t. V��1�� • � - �y' s � � � 5 {4 r: i a �. - _ - �.:k-,.�; c y � µ S < D F �� 1 - . >J ( e _ s _ w . �� ' _ �. _ q� - �og0 C� INDEX ARTICLE TITLE PAGE 1 Purpose of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Maintenance of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Employer Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Empioyer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Association Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Employee Rights-Grievance Procedure . . . . . . . . . . . . . . . . . . . . . 4 8 Savings Ciause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 Constitutional Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 Overtime and Premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 13 Uniforms .......................................11 14 Vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 • 15 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 16 Insurance ....................................... 13 17 City Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 18 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 19 Working Out of Classification . . . . . . . . . . . . . . . . . . . . . . . . . . 22 20 Sick Leave and Parental Leave . . . . . . . . . . . . . . . . . . . . . . . . . 22 • 21 No Strike, No Lockout . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 22 Right to Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 23 Deferred Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 2s� Wage Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 25 Terms of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 , � .�. ARTICLE 1- PURPOSE OF AGREEMENT � i.l This Agreement is entered into between the City of Saint Paul, hereinafter called the Empioyer, and the St. Paul Manual and Maintenance Supervisors Association, hereinafter called the Association. 1.1.1 Assure sound and mutually beneficiai worldng and economic relationships between the parties hereto; 1.1.2 Establish procedures for the resolution of disputes concerning this Agreement'S interpretation 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 Empioyer 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. ARTICLE 2 - RECOGivITION 2.1 The Employer recognizes the Association as the exciusive representative, under the Public Employment Iabor Relations Act of 1984, as amended, for all personnel in the following classifications: • All manual maintenance supervisors in the ciassification 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, Custodiai Supervisor--Civic Center, Custodian Engineer (Pubiic 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 5upervisor I, Park Maintenance Supervisor II, Public Works Field Supervisor, Public Works Sugervisor 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 Coilection, Supervisor of Water Production Maintenance, Traffic Maintenance Supervisor I, Traffic Maintenance Supervisor II, Vehicle Mechanic Supervisor I, Vehicle Mechanic Supervisor II, 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) 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. . � i!1 ARTICLE 2 - RECOGIVITION (Continued) 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. Ii is understood that this provision shall refer to the Bureau of Mediation Services only such issues as by law aze under its jurisdiction. 23 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 collecrively which in any way conflicts with the terms and conditions of this Agreement, except through the certified representarive. 2.4 Neither tke Association nor the Empioyer shaIl discriminate against any Employee because of Association membership or non-membership, or because of his/her race, color, sex, religion, national origin, or political opinion or affiliations. 2.5 All existing Civil Service Rules shall appiy except those superseded by this Agreement. ARTICLE 3- MAINTENANCE OF STANDARDS 3.1 The City agrees that all conditions of empioyment relating to wages, hours of work, overtime differentials, vacations and general working conditions shall be maintained at not less than the highesz minimum standard as set forth in the Czvil Service Rutes 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 improvement are made elsewhere in this Agreement. 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 interrupuon of or interference with the normal functions of the Employer. ARTTCLE 5 - EMPLOYER AUTFIORITY 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 authoriues. 5.2 Any terms and conditions of employment not specifically established or modifed by this Agreement shall remain solely within the discrerion of the Employer to modify, establish, or eIiminate. 2 • ARTICLE 5- EMPLOYER AIJTAORITY (Continued) a� '�o�Q 5.3 The exercise by the Employer of, or its waiver of, or iu 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 Empioyer, nor the subject or basis of any grievance not admissible in any azbitration proceeding. 5.4 A public Employer is not required to meet and negotiate on matters of inherent managerial policy which include, but are not Innited 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. 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 alternates and shali inform the 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 shali be limited and co�ned to numbers and locations as aze necessary and reasonable to admuuster 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 }udgments hrought or issued against tt�e 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 Empioyer's premises and without loss of pay the Association stewards shall be allowed to post official Association notices of the designated representatives, to uansmit communications authorized by the Association or its officers under the terms of this conuact, 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. • 3 q� - �og0 ARTICLE 6 - ASSOCIATION SECURITY (Continued) 6.7 Any present or future Employee who is not an Association member may be reguired to conuibute 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 sha11 the required contribuuon 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 specifically provided by Minnesota law, and as otherwise legal. It is also understood that the Association agrees to indemnify and hoid the Employer harmless against any and atl claims, suits, orders or judgments brought or issued against the Ciry as a result of any action taken or not taken by the City under the provisions of this section. ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Defuution of a Grievance - A grievance is defined as a dispute or Disagreement as to the interpretation or applicauon of the specific terms and conditions of this Agreement. 7.2 Associarion 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 Empioyer in writing of the names of such Association representatives and of their successors when so designated as provided by 6.2 of this Agreement. • 73 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 durittg normal working hours only when consistent with such Empioyee 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 notifed 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. 4 • ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE • (Continued) q� -1 a�o 7.4 Procedure - Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1. An Empioyee claiming a violation concerning the interpretation or appiication of this Agreement shall, within one month after such alleged violation has occuned, 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 shali 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 l. Any grievance not appealed in 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 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 resoived 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. Step 3. If appealed, the written grievance shail be presented by the Association and discussed with the Bmployer-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 resoived in Step 3 may be appealed to Step 4 within ten (10) calendar days foliowing the Employer-designated representative's final answer in Step 3. C� a�, ARTICLE 7 - �o�o -EMPLOYEE (Continued) RIGHTS - GRIEVANCE PROCEDURE Optional Mediation Step I. If the grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendar days, request mediation. If both parties agree that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota $ureau of Mediation Services for the assignment of a mediator. 2. Grievance mediation is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to azbitration shaII be delayed for the period of inediation. Either party may at any time opt out of inediation at which time, the Union may then proceed to arbitration. � 5. � 3. The grievance mediarion process shall be informal. Rules of evidence shall not apply, and no record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and azgument to support their case. The mediator may meet with the parties in joint session or in sepazate caucuses. At the request of both parties, the mediator may issue an oral tecommendation for settlement. Uniess the parties agree otherwise, the outcome shall not be precedential. If the grievance is not resolved and is subsequently moved to azbitration, such proceeding shall be de novo, in that, nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resoIution or offers of settlement may be used or referred to during azbitration. 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. � C� 6 • ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continued) • 7.5 Arbitrator's Authority - � `i� 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 Employer and the Association, and shail 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 arbivator's decision shall be submitted in writing within thir[y (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 Empioyer and the Association and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts ofthe grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shaii be borne equaily by the Employer and the Association provided that each party shall be responsible for compensating its own representatives and witnesses. If • either parry 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 equaliy. 7.6 If a grievance is (1) not presented within one month of its occurrence by the employee as described in Step 1, or (2) arbitration has not been requested by the Association within two months of the Association's filing of its written grievance in Step 2, it shall be considered "waived". 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 the step and immediately appeal 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 Empioyer 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 detemuned 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. • a�l -10�d� 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 parry. AIl other provisions of This Agreement shall continue in full force and effect. ARTICLE 9 - SElVIORITY 9.1 Seniority, for the purpose of this Agreement, shall be defined as follows: A. "City Seniority" - The length of continuous, regular and probationary service with the Employer from the last date of employment in any and all class tiUes. B. "Class Seniority" - The length of continuous, regular and probationary service with the Empioyer from the date an Employee was first certified and appointed to a class title covered by this Agreement, it being furtlter understood that class seniority is confined to the cunent 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 iilness or injury; is granted to aliow an Employee to accept an appointrnent 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 shali expire after � years of layoff. In cases where there are promotionai series, such as S�pervisor I, Supervisor II, Supervisor III, etc., when the number of Employees in these higher titles is to be reduced, Employees who have held lower tides which are in this bargaining unit will be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. 8 • ARTICLE 9 - SENIORITY (Continued) a� - �oBo 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 previousiy certified and appointed in said lower-paid class tifle. 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 assignments shall be subject to the ability of the Employer to maintain operations. 9.6 Promotions shali be handied in accordance with current Civil Service Rules and practices. 9.7 The Empioyer shall post a seniority list at least once every six (6) months. 9.8 If the Employee to be laid off as a result of Article 9.4 above is in a title in a promotional series and has held lower titles in the series in this or any other bargaining unit, such Employee will be offered a reduction to the highest of these titles within the department to which classification seniority as defined in Article 9.1 above would keep them from being laid of£ This Article 9.8 shall not be effective until and unless The Tri-Council � Local 120 - Local 49 and Local 132 collective bazgaining agreement has conesponding language. Until such conesponding language is included in such bazgaining agreements, the provisions of this Article 9.8 shall be applicable only to the extent that such reductions may be offered only to previously held lower titles within the department in the series which are in this bargaining unit. L� a�l - lQ�� ARTICLE 10 - DISCIPLINE 10.1 The Employer will discipline Employees for just cause only. Discipline wili be in the form of: a) Oral reprimand; b) Written reptimand; c) Suspension; d) Reduction; e) Discharge. 10.2 103 Suspensions, reductions and discharges will be in written form. 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 exanuned at reasonable times under the d'uect supervision of the Empfoyer. No documents concerning work evaluation or discipline of an Employee wiil be placed in the Employee's personnei file unless it contains the signature of the Emgloyee acknowledging the Employee's receipt of the document prior to placing it in the file. 10.5 Dischazges 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 uritiated 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 discipiinary action shall have the right to request that a Association representative be present. ARTICLE 11 - CONSTITUTIONAL PROTECTION 11.1 Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. • . 10 • ARTICLE 12 - OVERTIlVIE AND PREMIUMS q� -�0�0 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 rhe 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. � LJ . 12.3 An Employee who is called back to work following the completion of his/her regular work day shaii be guaranteed four (4) hours pay at his/her regular straight tune rate. 12.4 Ma}or holidays, for the purpose of ffiis 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 inc]ude the following: Martin Luther King Day, Presidents' Day, Veterans' Day, and the Day aHer Thanksgiving. An Employee working a major holiday as defined herein shall receave 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 overtime 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 eariier 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. ARTICLE 13 - LTNIFORMS 13.1 The Employer agrees that if any Employee is required to wear any kind of uniform or safety equipment as a condition of continued employment, such uniform and/or equipment shail be furnished 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 safery equipment provided pursuant to this Article, damaged in the line of duty, shall be replaced by the Employer, provided that said damage is not attributabie to the negligence or other improper act of the Employee. 11 a� -�o�o ARTICLE 13 - iJNIFORMS (Continued) 13.3 The Employer agrees to pay $50.00 per year for safety shoes purchased by an • Employee who is a member of this unit. The Employer shali only contribute toward the cost of one pair of shoes per contract year. This reimbursement shail be made only after investigation and approval by the unmediate supervisor of that Employee. This Employer conuibution shall apply only to those Employees who are required by the Employer to wear protective shoes or boots. Employees may accrue $150.00 for the purchase of shoes. ARTICLE 14 - VACATION 14.1 In each calendar year, each fu12-iime Employee shall be granted vacation according to the foliowing schedule: Years of Service 0 thru 4th year Sth year thru 9th year lOth yearthru 15th year 16th year thru 23rd year 24th tear and thereafter Vacation Granted IO days 17 days 19 days 24 days 26 days 14.2 Empioyees who work less than full-time shall be granted vacation on a pro rata basis. 14.3 The head of the depariment may pernut 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 pnrposes of this Article 14, years of service shall be defined as the niunber of years since the Employee's date of appointment. This shall not include years of service prior to a resignation. • • 12 • • • ARTICLE 15 - HOLIDAYS a� - �0�� 15.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Years Day Martin Luther King Day Presidents' Day Memoriai 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 fail 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. Tn 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 Empioyees not heretofore eligible shall receive holiday pay. 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 contracts negotiated by the Employer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by the benefit providers. However, the Employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. 16.2 Effective January 1, 1997, for each eligible Employee covered by this Agreement who is employed full-tirne and who selects Employee insurance coverage, the Employer agrees to contribute $191.40 toward the cost of singie health insurance premium. Effective January 1,1997, for each eligible full-time Empioyee who selects family health insurance coverage, the Employer will contribute the cost of such family coverage, or $349.85 per month, whichever is less. 13 �� o�o ARTICLE 16 - INSURANCE (Continued) Effective 7anuary 1,1998, for each eligible Employee covered by this Agreement who is employed full-tune and who selects Employee insurance coverage, the Employer agrees to contribute the fuIl cost of the single health insurance premium. Effective January 1, 1998, the Employer's contribution toward family insurance coverage shown above for 1997 shali be adjusted to reflect an increase of fifty percent (50%) of the largest 1998 premium increase for family health insurance coverage provided by ttie Employer. 16.3 For each etigible Empioyee the Employer agrees to contribate the cost of $5,0001ife insurance coverage. 16.4 In addition to the $5,000 Life Insurance Coverage in 163 the Employer agrees to contribute the cost of addiuonal Life Coverage or $0.59 per thousand dollars of coverage per month, whichever amount is less. The totai amount of Life Insurance Coverage provided under this Section and Section 16.3 for each Employee shall be equal to the EmpIoyee's annual salary to the nearest fuIl thousand dotlars. For the purpose of this section, the Employee's annual salary shall be based on the salary as of the beginning of a conuact period. This conuibution 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 time of retirement in order to be eligible for the Employer contributions, listed in Sections 16.6 through 16.16 below, toward a health insurance plan offered by the Employer: 16.5(1) Be receiving benefits from a public Employee retirement act at the tune of retirement, and 16.5(2) Have severed his/her relationship with the Ciry of Saint Paul for reasons other than misconduct, and 16.5(3) I3ave completed at least 20 years service with the City of St. Paul. Employment u�ith School District #625 will not be counted toward the service requirement for Employees hired after O1/Oi/97 towazd years of service for retiree health eligibility. • � � 14 ARTICLE 16 - INSURANCE (Continued) Early Retirees • • • 16.6 This Section shall apply to full time Employees who: 16.7 16.6(1) Retire on or after January 1, 1996, and 16.6(2) Were appointed on or before December 31, 1995, and 16.6(3) Have not attained age 65 at retirement, and 16.6(4) Meet the terms set forth in Section 16.5 above, and 16.6(5) Select a health insurance plan offered by the Employer. � ! �� Until such Employees reach sixty-five (65) years of age, ihe Employer agrees that for retirees selecting single coverage, the Employer will provide the same contribution as is provided for active Employees selecting single coverage under this Agreement. This amount, however, shall not exceed $350.00 per month. For Employees selecting family heaith insurance coverage, the Employer will contribute $350.00 per month toward the premium for famiiy 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 $S,OOO life insurance until the retiree attains ihe age of 65. When such eariy retiree attains age 65, the provisions of Section 16.8 shail apply. This Section shall apply to full tune Employees who: 16.7(i) 16.7(2) 16.7(3) 16.7(4) 16.7(5) Retire on or after January 1, 1996, and Were appointed on or after January 1, 1996, and Have not attained age 65 at retirement, and Meet the conditions set forth in Section 16.5 above, and Select a health insurance plan offered by the Employer. Until such retirees reach sixty-five (65) years of age, the Empioyer agrees to contribute a m�nnum 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 unul the retiree attains the age of 65. When such early retiree attains age 65, the provisions of Section 16.9 shall apply. Upon such retiree reaching the age of sixry-five (65), such Empioyer contribuuons toward such early retiree coverages shall terminate. The Employer wall 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 which time the life insurance coverage shall terminate. 15 q� � l�gd ARTICLE 16 - INSURANCE (Continued) Regular Retirees (Age 65 and over) 16.8 This Section shail apply to full time Employees who: 16.8(1) Retire on or after January 1, 1996, and 16.8(2) Were appointed on or before January 1, 1996, and 16.8(3) Have attained age 65 at retirement, and 16.8(4) Meet the terms set forth in Section 16.5 above, and 16.8(5) Select a health insurance plan offered by the Employer. The Employer agrees to contribute a masimum of $550.00 per month toward the premium for single or family health insurance coverage offered by the Employer to regutar retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Section shall atso apply to eariy retirees who retired under the provisions of Section 16.6 when such early retirees attain age 65. 16.9 This Section shall apply to fuil time Employees who: 16.9(1) Retire on or after January 1, 1996, and 169(2) Were appointed on or after 7anuary 1, 1996, and 16.9(3) Have attained age 65 at retirement, and 16.9(4) Meet the terms set forth in Sections 16.5 above, and 16.9(5) Select a health insurance plan offered by the Employer. The Employer agrees to coniribute a masimum 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 aiso apply to early retired under the provisions of Section 16.7 when such early retirees attain age 65. 16.10 If an Employee does not meet the condition of Section 16.5(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. 16.11 A retiree may not carry his/her spouse as a dependent if such spouse is also a Ciry retiree or City Employee and eligible for and is enrolled in the City's health insurance program. 16.12 Any cost of any premium for any Ciry-offered Employee or family insurance coverage in excess of the dollar amounts stated in this Article 16 shall be paid by the Employee. n LJ • r1 LJ 16 ARTICLE 16 - INSURANCE (Continued) a� - rogo 16.13 The contributions indicated in this Article 16 shali be paid to the Employer's Third • Party Admuustrator. 16.14 The Employer will provide a system whereby the Employee's conuibution toward premiums for the Empioyee selected health insurance coverages can be paid on a pre- tax basis. Employees covered by this Agreement will be eligible to participate in the Flexible Spending Account as offered by the Employer. The service fee charged to participating Employees shail be paid by the Empioyer. 16.15 Employees covered by this Agreement shail be eligible to participate in the Dependent Care Reimbursement Account offered by the Employer. The service fee charged to participating Empioyees shali be paid by the Employer. Survivor Insurance 16.16 The surviving spouse of an Employee carrying family coverage at the time of hislher death due to a job connected injury or illness which was determined to have arisen out of and in the course of his/her employment under worker's compensation law shall continue to be eligible for City contribution in the same proportions as is provided for retired Employees. • In the event of the death of an early retiree or a regular retiree, the dependents of the retiree shall have the option, within thirty (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the premium and Employer cantribution accorded to the eligibie deceased retiree. It is further understood that coverage shall cease in the event of: 16.16(1) Subsequent remarriage of the surviving spouse of the deceased Employee or retiree. 16.16(2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. � 17 a� - �ogo ARTICLE 17 - CITY MII.EAGE 17.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Adminisuative Code, as amended, pertaining to reunbursement of City officers and Employees for the use of their own automobiles in the performance of their duties, the following provisions are adopred. 17.2 Method of Computation: To be eligible for such reimbursement, all officers and EmpIoyees 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 reunbursed at the rate of $3.00 per day for each day the Employee's vehicie is actually used in performing the duties of the Employee's position. In addition, the Employee shatl 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 TtEGULARLY during employment, the Employee shail 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 EmpIoyee desires to use hisfher own automobile, then the Employee shall be reunbursed at the rate of $.15 ger mile driven and shall not be eligible for any per diem. 173 The Ciry wiil provide parking at the Civic Center Parking Ramp for City Employees on either of the above meniioned 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 repor[s indicating miles driven and shall file monthly a�davits stating the number of days worked and the number of miles driven, and further require that they maintain aucomobile liabiliry insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the City Clerk. • • � U I�'.3 ARTICLE 18 - SEVERANCE PAY L�� _�� 18.1 The Employer shall provide a severance pay program as set for[h 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 or older or must be eligible for pension under the "rule of 85" or "rule af 90" provisions of the Pubiic 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 compulsory retirement. Those Employees who are discharged for cause, misconduct, ine�ciency, incompetency, or any other disciplinary reason aze 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 unciassified 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 ciearly indicate that by requesting severance pay, the Employee waives all clauns to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. • 18.2.5 The Empioyee 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-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 maxunum 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 separation of employment, and if the Employee would have met all of ffie requirements set forth above at the tune of his or her death, payment of the severance pay may be made to the Employee's estate or spouse. 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. • 19 q� - ��d ARTICLE 18 - SEVERANCE PAY (Con�inued) 18.7 The manner of gayment of such severance pay shalt be made in accordance with the provisions of City Ordinance No. 11490. 18.8 This severance pay program shali be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this Article confiict with said ordinance and in such cases, tiie provisions of this Article shall control. 18.9 The provisions of this Article shall be effective December 31, 1984. 18.I0 Any Employee hired prior to December 31, I982, may, in any event, and upon meeting the qualifications of this ArticIe or City Ordinance No. 11490, as amended by City Ordinance No. 16303, Section 1, Section 6, draw severance pay. Aowever, 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 Employee hired after December 31, 1984, shall only be entitled to the benefits of this article upon meeting the qualifications herein. 18.11 For Empioyees regularly appointed to a title covered by this Agreement on or after January l, 1990, the Employer shall provide only the severance pay program as set forth in 18.12 through 18.18. I8.12 The Employer shalI 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 canse, misconduct, ine�ciency, 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 will cleariy indicate that by reqaesting severance pay, the Emplayee waives all claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 18.13.3 The Employee must have an accumulated baIance of at teast eighty (80) days of sick leave credits at the time of lus separation from service. • . • ►[I�] A.RTICLE 18 - SEVERANCE PAY (Continued) q�l - [08d I8.14 If an Employee requests severance pay and if the Employee meets the eligibility • requirements set forth above, he or she wili 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 maYimum as shown below based on the number of years of service in the Ciry_ Years of Service with the City At Least 20 21 22 23 24 25 �'� � . �� : 111 ' 11 1 It1 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 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. 18.17 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, ihe provisions of this Article shall control. 18.19 Notwithstanding Article 18.11, Employees regularly appointed to a title covered by this Agreement prior to 7anuary 1, 1940, 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 election by an Employee to draw severance pay under 18.13 through 18.14 shali constitute a bar to drawing severance pay under any other provisions set forth in this Article 18. Masimum Severance Pay � 21 a� - lo�o ARTICLE 19 - WORKING OUT O� CLASSIFICATION 19.1 Any Employee woridng an out-of-class assignment for a period in excess of fifteen (15) working days during any fiscal 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 assignment. For purposes of this article, an out-of-class assignment is defined as the full-time performance of ali of the significant duries 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 shai2 be the same rate the Employee would receive if he was promoted to the higher classification. ARTICLE 20 - SICK LEAVE AND PARENTAL LEAVE 20.1 Sick leave shall be earne@ and granted in accordance witiz the Civil Service Rules. 20.2 In the case of a serious illness or disability of an Employee's child, parent, or househoid member, the head of the department shalI grant leave with pay in order for the Employee to care for or make arrangements for the care of such sick or disabled persons. Such paid leave shall be drawn from the Employee's accumulated sick leave credits. Use of such sick leave shall be limited to 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 Parentai 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 maaner as any other disabted or ill Ciry Employee. Sach paid sick leave etigibiliry shail 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 posiuon. 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 tweive (12) months by mutual Agreement between the Employee and the Employer. Refusal on the part of the Employer to grant an extension of such leave shall not be subject to the provisions of Article 6 of this Agreement. Employees who return foliowing such leaves of absence shall be placed in a position of equivalent salary and tenure as the one held }ust prior to the beginning of their leave. • C� • 22 ARTICLE 20 - SICK LEAVE AND PARENTAL LEAVE (Continue�) � 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 ciassroom activities related to the Employee's chiid, 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 prior notice of the leave and make a reasonable effort to schedule the leave so as not to unduly disrupt the operations of the Employer. An Empioyee shall be allowed to use vacation or compensatory time for this leave; otherwise, this leave shali 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 without pay for up to 480 hours per fiscal year. During such leave of absence, the Employee shall 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. ARTICLE 21 - NO STRIKE, NO LOCKOUT 21.1 The Association 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 all possible means of peaceful settiement of any controversy that may arise. ARTICLE 22 - RIGHT TO SUBCONTRACT 22.1 The Empioyer may at anytime 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 shail give the Association a ninety (90) calendar day notice of the intention to subcontract. ARTICLE 23 - DEFERRED COMPENSATION 23.1 Beginning January 1, 1997 Employees who have completed ten (10) years of service shall have $300.00 for Deferred Compensation paid by the Employer on a dollar for dollar match. 23.2 Empioyees who have completed twenty (20) years of service shail have $500.00 for Defened Compensation paid by the Employer on a dollar for doliar match. • 23 ARTICLE 24 - WAGE SCHEDULE GRADE OlU • 481 DISPATCHER 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 19.76 19.86 19.90 2030 20.46 GRADE02U 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 19.90 20.00 20.Q4 20.44 20.60 GRADE 04U n U 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 19.93 20.03 20.07 20.47 20.63 B �Z) 20.67 20.77 20.81 21.23 21.40 C�RADE Q6U � �� 123A CUSTODIAL SUPV--CIVIC CENTER 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 1834 18.43 18.47 18.84 18.99 • 24 � • � , J 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 15.46 15.54 15.5 7 15.88 16.01 A (1) 1398.54 1405.53 140834 1436.51 1448.00 A (1) 1528.23 1535.87 1538.94 1569.72 1582.28 A (1) 1563.94 1571.76 1574.90 1606.40 1619.25 B (2) 1436.20 ]443.38 1446.27 1475.20 1487.00 B �2) 1571.00 1578.86 1582.02 1613.66 1626.57 B �2) 1607.90 1615.94 1619.17 1651.55 1664.76 GRADE 08U 212A NIGHT CUSTODIAL SUPV--CC GRADE 030 GRADE 033 304A MARINA SERVICES SUPERVISOR GRADE 034 25 a� - �o�o � 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 1589.43 159738 1600.57 1632.58 1645.64 B (2) 1632.21 164037 1643.65 1676.52 1689.93 GRADE 035 338A SEI3IOR ZOO KEEPER GRADE 036 � �:/ 475 FORESTRY SUPERVISOR 208 GOLF COURSE SUPERINTENDENT 076A PARK MAINTENANCE SUPERVISOR 368 PUBLIC WORKS SUPERVISOR I 416 SEWER SUEERVISOR I 172A TRAFFIC MAINTENANCE SUPV I 525A WATER MAINTENANCE SUPERVISOR 528 WATER SERVICE SUPERVISOR 532 WATERSHED SUPERVISOR I 536 ZOO SUPERVISOR • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 165815 1666.44 1 bb9.77 1703.17 1716.80 B �2) 1703.15 1711.67 1715.09 1749.39 176339 GRADE 037 � 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1} 166433 1672.65 1676.00 1709.52 1723.20 B �2) 170936 1717.91 172135 1755.78 1769.83 � a� - �o�o ... , : • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (i) 1750.25 1759.00 1762.52 1797.77 1812.15 268A BRIDGE MAINT SUPERVISOR I 230A METER OPERATIONS SUPERVISOR 369 PUBLIC WORKS SUPERVISOR II 809 SEWER SUPERVISOI2II 560 SUPV OF GAIZBAGE COLLECTION 964 VEHICLE MECIIAI3IC SUPERVISOR I 194 WATER UTILITY MAINS SUPERVISOR 542 WATERSHED SUPERVISOR II B �2) I 800.49 1809.49 1813.11 184937 1864.16 GRADE 039 173 EQUIPMENT MAINT SUPERVISOR i 12-21-96 07-19-47 12-20-97 02-28-98 10-24-98 A ��> 1795.04 1804.02 1807.63 1843.78 1858.53 B �z� 1845.28 1854.51 1858.22 189538 1910.54 GRADE 040 103 FORESTRY SUPERVISOR II 620 TRAFFIC MATNTENANCE SUPV II 394A VEHICLE MECHANIC SUPERVISOR II 557A WATER PLANT PRODUCTION SUPV PARK MAINTENANCB Si3PERVISOR II • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 1852.89 1862.15 1865.87 1903.19 1918.42 B �2) 190936 191891 1922.75 1961.21 1976.90 27 • • • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 190936 1918.91 1922.75 1961.21 1976.94 A (1) 2017.20 2027.29 203134 2071.97 2088.55 A (1) 2078.98 2089.37 2093.55 2I35.42 2152.50 A (1) 2141.76 2152.47 2156.77 2199.91 2217.51 GRADE 041 269A BRIDGE MAiNT SUPERVISOR II 233A BUILD MAINT SUPV-LIBRARIES 622 PUBLIC WORKS SUPERVISOR III 623 SEWER SUPERVISOR III B �2) 1963.82 1973.64 1977.59 2017.14 2433.28 CijC7�9I1Ii�] 079 BUILD MAINT SUPV--FIRE DEPT B (2) 2075.79 2086.17 2090.34 2132.15 2149.21 �� t,. 624 PUBLIC WORKS FIELD SUPERVISOR B �2) 2140.74 2151.44 2155.74 2198.85 2216.44 Cf7C7:�� 1 � j 680 BUILD MAINT SUPV--PARKS & REC B �2) 2205.63 2216.66 2221.09 2265.51 2283.63 P�3 Q�-lOgO � • • ARTICLE 25 - TERMS OF AGREEMENT �.�1-�080 25.1 This Agreement shall be effective as of January 1, 1997, and shall continue in effect through December 31, 1998. 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 shatl be recommended by the Director of Labor Relafions, 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 concerning the terxns and conditions of employment. The Agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. Any and all prior Agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this Agreement are hereby superseded. CITY OF SAINT PAUL Mary . Kearney � Director of Labor Relations �-��-�.7 Date THE SAINT PAUL MANUAL AND MAINTENANCE SUPERVISORS ASSOCIATION �� Daniel Palumbo President �// �1�7 Date �� d: Attachment to Green Sheet City of St. Paul Offer for Settlement of M&M 1997 Contract 1. 2. 3. 4. 5. 6. 7. Article 1 - Recognition (Clarification) Update language with title changes as approved by the City Council. Article 7.4 - Grievance Procedure (New - between Step 3 and Step 4) Creates an Optional Mediation Step as part of the grievance process. Article 7.6 - Waiver ��- `o� Grievances shall be considered waived if not presented within one month of occunence or if arbitration has not been requested within two months. Also allows the Union to appeal to the next step if the Employer does not answer a grievance within the specified time limits. Article 9.8 - Seniority (New) Creates bumping rights for employees, if the Tri-Council agrees to similar language in their contract. Article 13.1 - Uniforms Changes language in this article, to allow the employer to provide uniforms, with the employee responsible for maintaining the uniform. Article 13.3 - Safety Shoes The Employer agrees to pay $50 per year (no change from 1996) for safety shoes. Employees may accrue $150.00 for the purchase of shoes or boots. Article 16.2 - Heaith Insurance 1996 - Current benefit 1997 1998 Single $180.91 Single $191.40 Single Actual Cost Family $336.41 Family $349.85 Family $349.85 + 50% of increase 8. Article ]6.6(3) - Retiree Health Insvrance Employment with School District #625 wili not be counted toward the 20 year service requirement for employees hired after Ol/O1/97 toward years of service for retiree health eligibility. 9. Article 19.1 - Working out of Classification ASlows for out-of-title pay after I S days working in higher title. 10. Article 23 - Deferred Compensation Reduces eligibility for $300 deferred compensation match from 15 yeazs to 10 years. No change for employees with twenty (20) years of service. 11. Article 24 - Wages: 12. Memo of understanding: 01l01/97 2.0°!0 03/01/98 2.0% 08/Ol/97 0.5% 11/O1/98 0.8% 12/31/97 0. % 1997 2.7% 1998 2.8% Upgrade Forestry Supervisor II from grade 38 to grade 40. Create Park Maintenance Supervisor II in grade 40. �1.1�� MEMORANDi3M OF i3NDERSTANDING BETWEEN TI3E CITY OF SAINT PAUL AND THE SAINT PAUL MANUAL AND MAINTENANCE SUPERVISORS ASSOCIATION I. Effective June 21, 1997, the position of Forestry Supervisor II will be "unstarted" and moved from Grade 38 to Grade 40 of the Manual and Maintenance Supervisors Association. Effective June 21, 1997, James Layer wiil be reallocated to the posifion of Forestry Supervisor II. The minimum requirements for Foreshy Supervisor II will include a Commercial Drivers License (CDL). The City agrees that the job specification, including the CDL requirement, shall be reviewed at the time the incumbent is replaced. Backpay shali be retroactive to June 21, 1997. II. Effective June 21, 1997, the position of Park Maintenance Supervisar II will be created in Grade 40 of the Manual and Maintenance Supervisors Association and the classification Pazk Maintenance Supervisor shall become Pazk Maintenance Supervisor L The following persons shall be reallocated to the position of Park Maintenance Supervisor II. Thomas Knutson Cyril Kosel, Jr. Richazd Lallier Backpay shall be retroactive to June 21, 1997. III. As of the date of signing of this Memorandum, the following six (6) employees were employed in the classification of Park Maintenance Supervisor: Thomas Knutson Frank Saete Cyril Kosel, Jr. Fredrick Voss Richazd Lallier Richard Wiener Notwithstanding Article 9.4 of the Collective Bargaining Agreement, in the event it is determined by the Employer that it is necessary to reduce the work force in either of the titles of Park Maintenance Supervisor I or Park Maintenance Supervisor II, employees will be laid off based on inverse length of their total seniority in either of the two classifications, regardless of the classification in which they are currently working. This nnethod of determining seniority shall expire August 1, 2000, after which, the regular seniority/layoff provision of the contract will apply. City of Saint Paul (°rytw, � Mary H. Kearney Director of Labor Relations �—tp-47 Date F:\LABREL\CONTRACTIMMSUPVRY\1997 98\MOU2. The Saint Paul Manual and Maintenance Supervisors Association ��O�P�� Daniel Palumbo President �//9�97 Dat�— �- - � - ��,�nSf� - � �� ` - � _ : - � -- � `- ; .,_ ��9� - l - ��BQ�'f=AG��l�N'f ` ��'VEEN s Y � , ,_ ` ._ -: : .r' .. l d` . ' " t. } �� _CI�Y;4F S�N� PA�3Lv- - _, z . �� _� , , F ' � � �. . - � : .• ' ,• � ... . f �rr. `� � t i . i . . , ,; ` . TI�. �AIl�T'�.PA�,1�I�N�[7�L 8i r�A�NT�NAl�� . ,_;t � ,.. _ H. .. � �: _ � _ 1. �, , , ,. STfiP��R� �i��C3�AT��T __ „ 4 � J �. Y� � z` Lij � t ? " 4 �> S' y 1 Y : : � ` . \ 4 ��- +y L_ ,: : r F': �Gr �; i. 5 . f ;_1 y Z - _'C =:J ! �:.(' '! G�-1Q�0 • INDEX ARTICLE TITLE PAGE 1 Purpose of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Maintenance of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Employer Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Employer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Association Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Bmployee Rights-Grievance Procedure . . . . . . . . . . . . . . . . . . . . . 4 8 Savings Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 Constitutional Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 Overtune and Premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 13 Uniforms .......................................11 14 Vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 • 15 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 16 Insurance .. ... .. .......... .... ....... . . ... . ..... 13 17 City Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 18 5everance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 19 Working Out of Classification . . . . . . . . . . . . . . . . . . . . . . . . . . 22 20 Sick Leave and Parentai L.eave . . . . . . . . . . . . . . . . . . . . . . . . . 22 21 No Strike, No Lockout . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 22 Right to Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 23 Deferred Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 24 Wage Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 25 Terms of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 • ARTICLE 1- PURPOSE OF AGREEMENT �� 1.1 This Agreement is entered into between the City of Saint Paul, hereinafter called the Employer, and the St. Paui 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 rhe resolution of disputes concerning this Agreement'S interpretation andlor application; and 1.13 Piace in written form the parties' Agreement upon terms and conditions of employment for the duration of this Agreement. i.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. ARTICLE 2 - RECOGNITION 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: . All manual maintenance supervisors in the classification of Animal Control Supervisor, Bridge Maintenance Supervisor I, Bridge Maintenance Supervisoz II, Building Maintenance Supervisor--Fire Department, Building Maintenance Supervisor-Libraries, Building Maintenance Supervisor--Parks & Recreation, Custodiai Superoisor--Civic Center, Custodian Engineer (Public Safety Buiiding), 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 I, Park Maintenance Supervisor II, Public Works Field Supervisor, Public Works Supervisor I, Pubiic 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, Vehicie Mechanic Supervisor I, Vehicle Mecl�anic Supervisor II, 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) work days per year by the City of Saint Paul or who are under the conuol of the Ciry of Saint Paul in the setting of terms and conditions of employment, excluding all other Employees. C� � `.i ARTICLE 2 - RECOGNTI'ION (Continued) 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 bazgaining unit under the jurisdiction of this Agreement, either individually or collectively which in any way conflicts with tfie terms and conditions of this Agreement, except through the certified representative. 2.4 Neither the Association nor the Employer shall discriminate against any Emgloyee because of Association membership or non-membership, or because of his/her race, color, sex, religion, national origin, or politicaf opinion or afFiliations. 2.5 All existing Civil Service Rules shali apply except those superseded by this Agreement. ARTICLE 3- MAINTENANCE OF STANDARDS 3.1 The City agrees that all conditions of employment relating to wages, hours of work, overtnne differentials, vacauons 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 Ciry 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 improved wherever specific provisions for improvement are made elsewhere in this Agreement. 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 suike, slow-down or other interruption of or interference with the normal functions of the Employer. ARTICLE 5 - EMPLOYER 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 ttus Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. 2 • ARTICLE 5- EMPLOYER AU'I'HORITY (Continued) q"l `�Qgo 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 arbivation proceeding. 5.4 A public Employer is not required to meet and negotiate on matters of inherent managerial policy which inciude, 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. 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 alternates and shall inform the 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 Innited and confined to numbers and locations as are necessary and reasonable to administer the provisions of this Agreement. 6.3 The Empioyer 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 Empioyer 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 Empioyer's premises and without loss of pay the Association stewards shall be allowed to post official Association notices of the designated representatives, to uansmit 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 Associauon 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, ccercion or discrimination against a steward because of the performance of such duties. L� q - �o�� ARTICLE 6- ASSOCIA ION SECURITY (Continued) 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 Empioyer shall check off said fee from the eaniings of the Employee and transmit the same to the Association. In no instance shall the required contribuuon exceed a pro-rata share of the specific expenses incurred for services rendered by the representative in relationsIup to negotiations and administration of grievance procedures. This provision shall remain operauve only so long as spec�cally provided by Minnesota law, and as otherwise legal. It is also understood that the Association agrees to indemnify and hoId the Empioyer harniless against any and all ciaims, suits, orders or judgments brought or issued against the Ciry as a result of any action taken 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 the specific terms and conditions of this Agreement. 7.2 Association Itepresentatives - The Employer will recognize Representatives designated by the Association as the grievance representauves of the bargaining unit having the duties and responsibilities established by this Article. The Associauon 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 Empioyer 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 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 detrimental to the work programs of the Employer. 4 � ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continued) ��' �' 1 • 7.4 Procedure - Grievances, as defined by Section 7.1, shali be resolved in conformance with the foilowing procedure: Step 1. An Empioyee claiming a violation concerning the interpretation or application of this Agreement shall, within one month after such alleged violation has occuned, present such grievance to the Employee's supervisor as designated by the Empioyer. 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 i. Any grievance not appealed in 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 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 final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Association within ten (10) calendar days shali be considered waived. Step 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. � a� - 1�g0 ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continued) Optional Mediation Ste� • 1. If the grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendaz days, request mediation. If both parties agree that the grievance is suitable for mediation, the parties shali submit a joint request to the Minnesota Bureau of Mediation Services for the assignment of a mediator. 2. Grievance mediation is an optionat and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance azbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to arbiri shalt be delayed for the period of inediation. Either pariy may at any time opt out of inediation at which tune, the Union may then proceed to arbitration. 3. The grievance mediation process shall be informal. Rules of evidence shall not apply, and no record shall be made of the proceeding. Both sides shall be provided ample oppommity to present the evidence and azgument to support their case. The mediator may meet with the parties in joint session or in sepazate caucuses. 4. At the request of both parties, the mediator may issue an oral recommendation for settlement. • 5. Unless the parties agree otherwise, the outcome shall not be precedential. 6. If the grievance is not resolved and is subsequently moved to azbitration, such proceeding shaIi be de novo, in that, nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resolution or offers of settlement may be used or referred to during arbitrarion. 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 arbivator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. • ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continued) • 7.5 Arbitrator's Authority - q�-1a�0 A. The arbitrator shall have no right to amend, modify, nuilify, 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 Employer and the Associauon, 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 conuary 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 shail 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. G 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 shail 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 equaily. 7.6 If a grievance is (1) not presented within one month of its occurrence by the employee as described in Step 1, or (2) azbitration has not been requested by the Association within two months of the Association's filing of its written grievance in Step 2, it shali be considered "waived". 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 the step and immediately appeal 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 understoad by the Association and the Employer that if an issue is determined by this grievance, that issue shali 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 deternuned by the grievance procedure under the Civil Service Rules and Regulations, it shali not again be submitted for arbitration under the procedures set forth in this Articie. \J ARTICLE S - S�GS 8.1 This Agreement is subject to the laws of the United States, the State of Minnesota. In the event any provision of tfiis 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. AII 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. ARTICLE 9 - SElvIORTTY 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 tities. 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 tiUe covered by this Agreement, it being further understood that class seniority is confined to the cusent class assignment held by an Employee. 9.2 Seniority shaIl 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 aliow an Employee to accept an appointment to the unclassified service of the EmpIoyer; 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, Empioyees 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 � years of layoff. In cases where there aze promotional series, such as Supervisor I, S�pervisor 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 wtuch class senioriry would keep them from being laid off, before layoffs are made by any class tide in any department. 8 • ARTICLE 9 - SENIORITY (Continued) � �:1 It is fur[her understood that a laid off Employee shail have the right to placement in any • lower-paid ciass title, provided said Employee has been previously certified and appointed in said lower-paid ciass 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, retum to originai ciass as provided in paragraph (A) above. 9.5 To the extent possible, vacation periods shaI] be assigned on the basis of "City Seniority," within each class, by division. It is however, understood that vacation assignments shall he suhject to the ability of the fimployer to maintain operations. • .� 9.7 Promotions shali be handled in accordance with current Civil Service Rules and practices. The Employer shall post a senioriry list at ]east once every six (6) months. 9.8 If the Employee to be laid off as a result of Article 9.4 above is in a title in a promotional series and has held lower titles in the series in this or any other bazgaining unit, such Employee will be offered a reduction to the highest of these tities within the department to which classification seniority as defined in Article 9.1 above would keep them from being laid off. This Article 9.8 shall not be effective until and uniess The Tri-Council Local 120 - Local 49 and Local 132 collective bazgaining agreement has corresponding language. Until such corresponding language is included in such bargaining agreements, the provisions of this Article 9.8 shall be applicable only to the extent that such zeductions may be offered only to previously held lower tities within the department in the series which are in this bargaining unit. • �l � lQ�� 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 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 wili be placed in tt�e 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 Associauon 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 the right to request that a Association representative be present. ARTICLE 11 - CONSTITUTIONAL PROTECTION 11,1 Employees sY�all have the rights granted to all citizens by the United States and Minnesota State Constitutions. 10 • ARTICLE 12 - OVERTIME AND PREMIiTMS q�-�ag0 12.1 Employees (with the excepuon 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 Employees in classifications in salary grade 41 or above shall be paid straight tune for work performed in excess of the regular work day and/or forty (40) hour work week. �J • 123 An Employee who is called back to work foliowing the completion of his/her regular work day shali be guaranteed four (4) hours pay at his/her 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; Iabor 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 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 shail be in addition to regular holiday pay. 12.5 An Employee shall be compensated in either compensatory time off or overtune payment in cash. 12.6 A night differential of fave 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 shiR 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 Empioyee shall be eligible for the night differential only for the hours actually worked during night shift hours. ARTICLE 13 - iJNIFORMS 13.1 The Empioyer agrees that if any Employee is required to wear any kind of uniform or safety equipment as a condition of continued empioyment, such uniform and/or equipment shall be furnished by the Employer. It is however, further understood that the Employer's obligation to provide uniforms and/or safery equipment shall be conf'med 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, shal] be replaced by the Employer, provided that said damage is not attributable to the negligence or other improper act of the Employee. 11 a� - �o�o ARTICLE 13 - iJNIFORMS (Continued) 13.3 The Employer agrees to pay $50.00 per year 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 reunbursement shall be made only after investigation and approval by the immediate supervisor of that Employee. This Empioyer contribation shalt apply only to those Employees who are required by the Employer to wear protective shoes or boots. Employees may accrue $150.00 for the purchase of shoes. 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 14.2 14.3 14.4 Vacation Granted 10 days 17 days 19 days 24 days 26 days Employees who work less than full-time shall be granted vacation on a pro rata basis. The head af the department may pemut an Employee to carry over into the following fiscal year up to one hundred twenty (120) hours of vacation. 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 shall not include years of service prior to a resignation. i . • 12 . ARTICLE 15 - HOLIDAYS a� -�a�o 15.1 Holidays recognized and observed. The following days shali 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 shail fail on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shali 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. 153 Eligibility Requirements. In order to be eligible for a holiday with pay, an Empioyee'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 payroli the last working day before the holiday and on tltree 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. ARTICLE 16 - INSURANCE 16.1 The insurance pians, 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 plans agree to accept any changes in benefits which a specific provider implements. u 16.2 Effective January 1, 1997, for each eligible Employee covered by this Agreement who is employed full-tirne and who selects Employee insurance coverage, the Employer agrees to contribute $191.40 toward the cost of single health insurance premium. Effective January 1,1997, for each eligible full-time Employee who selects family health insurance coverage, the Employer will contribute the cost of such family coverage, or $349.85 per month, whichever is less. 13 q�i -1��0 ARTICLE 16 - INSURANCE (Continued) Effective January 1,1998, for each eligible Employee covered by this Agreement who • is employed full-tnne and who selects Employee insurance coverage, the Employer agrees to contribute the full cost of the single health insurance premium. Effective January 1, 1998, the Employer's contribution toward family insurance coverage shown above for 1997 shall be adjusted to reflect an increase of fifty percent (50%) of the largest 1998 premium increase for family health insurance coverage provided by the Employer. 16.3 For each e2igible Emptoyee 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 conuibute 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 Empioyee shall be equal to the Emptoyee's annuai salazy to the nearest full thousand dolIars. For tfie purpose of this section, the Employee's annual salary shali 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 time of retirement in order to be eligible for the Employer contributions, listed in Secuons 16.6 through 16.16 below, toward a healTh insurance plan offered by the Employer: 16.5(1) Be receiving benefits from a public Employee retirement act at the time of retirement, and 16.5(2) Have severed his/her relationship with the City of Saint Paul for reasons other than misconduct, and 16.5(3) Have completed at least 20 yeazs service with the Ciry of St. Paul. Employment with School District #625 will not be counted toward the service requirement for Employees hired after Ol/O1/97 toward yeazs of service for retiree health eligibility. � � 14 ARTICLE 16 - INSURANCE (Continued) Early Retirees � 16.6 This Section shall apply to full time Employees who: 16.6(i) Retire on or after January 1, 1996, and 16.6(2) Were appointed on or before December 31, 1995, and 16.6(3) Have not attained age 65 at retirement, and 16.6(4) Meet the terms set forth in Section 16.5 above, and Ib.6(5) Select a health insurance plan offered by the Empioyer. a�-�o�o Until such Empioyees reach sixty-five (65) years of age, the Employer agrees that for retirees selecting single coverage, ihe Empioyer will provide the same contribution as is provided for active Employees selecting single coverage under this Agreement. This amount, however, shall not exceed $350.00 per month. For Employees selecting family health insurance coverage, the Employer will contribute $350.00 per month toward the premium for family health insurance coverage. Any unused portion of the Employer's contribution shali not be paid to the retiree. In addition, the Empioyer 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 16.8 shall apply. • 16.7 This Section shall appiy to fuil time Employees who: 16.7(1) Retire on or after January 1, 1996, and 16.7(2) Were appointed on or after January 1, 1996, and 16.7(3) Have not attained age 65 at retirement, and 16.7(4) Meet the conditions set forth in Section 16.5 above, and 16.7(5) 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 mazimum 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 eazly retiree attains age 65, the provisions of Section 16.9 shall apply. Upon such retiree reaching the age of sixry-five (65), such Employer contributions toward such early retiree coverages shali ternunate. T'he 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 which time the life insurance coverage shail terminate. • 15 °►�1 � 10�6� ARTICLE 16 - INSURANCE (Continued) Regutar Retirees (Age 65 and over) 16.8 This Section shaIl apply to full tune Employees who: 16.8(1) Retire on or after January 1, 1996, and 16.8(2) Were appointed on or before January 1, 1996, and 16.8(3) Have attained age 65 at retirement, and 16.8(4) Meet the terms set forth in Section 16.5 above, and 16.8(5) Select a health insurance plan offered by the Employer. The Employer agrees to contribute a maacimum of $550.00 per month toward ttte 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. 16.9 This Section shail apply to full time Employees who: 16.9(1) Retire on or after January 1, 1996, and 16.9(2) Were appointed on or after 7anuary l, 1996, and 16.4(3} Have actained age 65 at rerirement, and 169(4) Meet the terms set forth in Sections 16.5 above, and 16.9(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 appiy to eariy retired under the provisions of Section 16.7 when such early retirees attain age 65. 16.10 If an Employee does not meet the condition of Section 16.5{3), but has completed at least ten (10) years of service with the Ciry, 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. 16.11 A retiree may not carry his/her spouse as a dependent if such spouse is also a City retiree or City Employee and eligible for and is enrolled in the City's health insurance program. 16.12 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 ARTICLE 16 - INSURANCE (Continued) `"� t� l�g� 16.13 The conuibutions indicated in this Article 16 shall be paid to the Employer's Third • Party Administrator. 16.14 The Employer wili 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 will 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. 16.15 Empioyees covered by this Agreement shall be eligible to participate in the Dependent Care Reimbursement Account offered by the Employer. The service fee charged to participating Employees shall be paid by the Employer. Survivor Insurance 16.16 The surviving spouse of an Employee carrying family coverage at the time of his/her death due to a job connected injury or illness which was determined to have arisen out of and in the course of his/her employment under worker's compensation law shall continue to be eligible for City contribution in the same proportions as is provided for retired Employees. • In the event of the death of an early retiree or a regular retiree, the dependents of the retiree shail 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 shail cease in the event of: 16.16(1) Subsequent remarriage of the surviving spouse of the deceased Empioyee or retiree. 16.16(2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided hy 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. • 17 q"l - lOgO ARTICLE 17 - CITY MILEAGE 17.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Pau1 • Admuristrative Code, as amended, pertaining to rennbursement of Ciry officers and Employees for the use of their own automobiles in the perfonnance 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 perfomung 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 deternunes that an Employer vehicle is avaitabte for the Empioyee's use but the Employee desires to use his/her own automobile, then the Employee shall be reunbursed 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 automobiie REGiJLARLY 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 automotrile 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 Ciry will provide parking at the Civic Center Parking Ramp for Ciry Employees on either of the above mentioned types of reimbursement plans who are required to have their personai 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 indicaung miles driven and shall file monthly a�davits statmg 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 properry damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the Ciry of Saint Paul named as an additional insured. These rules and regulations, • together with the amendment thereto, shall be maintained on file with the City Clerk. m ARTICLE 18 - SEVERANCE PAY �� `�oo� 18.1 The 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 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 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. 18.2.3 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, the Employee waives ali claims to reinstatement or reemployment (of any type), with the City or with Independent Schooi 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-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 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 tune of his or her death, payment of the severance pay may be made to the Employee's estate or spouse. 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 empioyment, and such transferee shall not be eligible for the • City severance program. 19 a�i lo�o ARTICLE 18 - SEVERANCE PAY (Continued) 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 the specific provisions of this Article conflict with said ordinance and in such cases, the provisions of this Article shall conuol. 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 meeting the qualifications of this Article or Ciry Ordinance No. 11490, as amended by City Ordinance No. 16303, Section l, 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 Employee hired a8er 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 voluntazily separated from City employment or have been subject to separation by layoff or compuisory retirement. Those Employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the Ciry severance pay program. 18.13.2 The Employee must file a waiver of reemployment with the Auman Resource D'uector, which will clearly indicate that by requesung severance pay, the Employee waives all clauns to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 18.13.3 The Employee must have an accumulated balance of at least eighry (80) days of sick leave credits at the time of his separation from service. • 20 ARTICLE 18 - SEVERANCE PAY (Continued) � ��i 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 maacnnum as shown below based on the number of years of service in the Ciry. Years of Service with the City At Least 20 21 22 23 24 25 • 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 Empioyee 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 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 separation of employment, and such uansferee 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 shail 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 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 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 Articie 18. Maximum Severance Pay • 21 Q�1- �Og� ARTICLE 19 - WORKING OUT OF CLASSIFICATION 19.1 Any Employee working an out-of-class assignment for a period in excess of fifteen (15) • working days duzing any fiscal 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 assignment. For purposes of this article, an out-of-class assignment is defined as the full-time performance of all of the significant dudes and responsibilities of a classificauon 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 classificarion. ARTICLE 20 - SICK LEAVE AND PARENTAL LEAVE 20.1 Sick leave shall be eamed and granted in accordance with the Civil Service Rules. 20.2 In the case of a serious iilness or disability of an Employee's child, parent, or household member, the head of the department shalI grant leave with pay in order for the Empioyee to care for or make arrangements for the care of such sick or disabled persons. Such paid leave shall be drawn from the Employee's accumulated sick leave credits. Use of such sick leave shail be limited to 40 hours per incident. 203 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 grandchiid. 20.4 If an Employee has an accumulation of sick leave credits in excess of one hundred and • eighry days, he/she may convert any part of such excess to vacauon at the rate of one-half day's vacation foz each day of sick leave credit. No Employee may convert more than ten (10) days of sick Ieave in each calendar yeaz 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 eligibiliry 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 (I2) months by mutual Agreement between the Employee and the Employer. Refusal on the part of the Employer to grant an extension of such leave shall not be subject to the provisions of Article 6 of this Agreement. Employees who return following such leaves of absence shall be placed in a position of equivalent salary and tenure as the one held just prior to the beginning of their leave. • 22 ARTICLE 20 - SICK LEAVE AND PARENTAL LEAVE (Continued)` t' lO D� 20.6 Leave for School Conferences: An Empioyee 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 prior notice of the leave and make a reasonable effon to schedule the 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-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 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. ARTICLE 21 - NO STRIKE, NO LOCKOUT 21.1 The Association 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. ARTICLE 22 - RIGHT TO SUBCONTRACT 22.1 The Employer may at anytime 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. ARTICLE 23 - DEFERRED COMPENSATION 23.1 Beginning January 1, 1997 Employees who have completed ten (10) years of service shall have $300.00 for Deferred Compensation paid by the Employer on a dollar for doilar match. 23.2 Employees who have compieted twenry (20) years of service shall have $500.00 for Deferred Compensation paid by the Employer on a dollar for dollar match. • 23 • ARTICLE 24 - WAGE SCHEDULE GRADE OlU 481 DISPATCHER 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 19.76 19.86 19.90 2030 20.46 GRADE 02U 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 19.90 20.00 20.04 20.44 20.60 GRADE 04U • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 19.93 20.03 20.07 20.47 20.63 B �Z) 20.67 20.77 20.81 21.23 21.40 GRADE 06U 123A CUSTODIAL SUPV--CIVIC CENTER 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 18.34 18.43 18.47 18.84 18.99 Q�l-l6Ba • 24 � . • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 15.46 15.54 15.57 15.88 16.01 A (1) 1398.54 1405.53 140834 1436.51 1448.00 A (1) 1528.23 1535.87 1538.94 1569.72 1582.28 A (1) 1563.94 1571.76 1574.90 1606.40 1619.25 B �2) 1436.20 144338 1446.27 1475.20 1487.00 B ��) 1571.00 15 78.86 1582.02 1613.66 1626.57 B �2) 1607.90 1615.94 1619.17 1651.55 1664.76 GRADE 08U 212A NIGHT CUSTODIAL SUPV--CC GRADE 030 GRADE 033 304A MARINA SERVICES SUPERVISOR GRADE 034 25 a� -�o�o • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 1589.43 159738 1600.57 1632.58 1645.64 B �2) 1632.21 164037 1643.65 1676.52 1689.93 GRADE 035 338A SENIOR ZOO KEEPER GRADE 036 q� - �ogo 475 FORESTRY SUPERVISOR 208 GOLF COURSE SUPERINTENDENT 076A PARK MAINTENANCE SUPERVISOR 368 PUBLIC WORKS SUPERVISOR I 416 SEWER SUEERVISOR I 172A TRAFFIC MAINTENANCE SUPV I 525A WATER MAINTENANCE SUPERVISOR 528 WATER SERVICE SUPERVISOR 532 WATERSHED SUPERVISOR I 536 ZOO SUPERVISOR • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 1658.15 1666.44 1669.77 1703.17 1716.80 B �2) 1703.15 1711.67 1715.09 174939 176339 CelC7.'1�J�17C� • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 166433 1672.65 1676.00 1709.52 1723.20 B �2) 170936 1717.91 172135 1755.78 1769.83 � • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 1750.25 1759.00 1762.52 1797.77 1812.15 • . . . :, Q� -1080 268A BRIDGE MAINT SUPERVISOR I 230A METER OPERATIONS SUPERVISOR 369 PUBLIC WORKS SUPERVISOR II 809 SEWER SUPERVISOR II 560 SUPV OF GARBAGE COLLECTION 964 VEHICLE MECIIANIC SUPERVISOR I 194 WATER UTILITY MAINS SUPERVISOR 542 WATERSHED SUPERVISOR II B �2) 1800.49 1809.49 1813.11 184937 1864.16 GRADE 039 173 EQUIPMENT MAINT SUPERVISOR • 12-21-96 07-19-97 12-20-9'7 02-28-98 10-24-98 A (1) 1795.04 1804.02 1807.63 1843.78 1858.53 B �2) 1845.28 1854.51 1858.22 189538 1910.54 GRADE 040 103 FORESTRY SUPERVISOR II 620 TRAFFIC MAINTENANCE SUPV II 394A VEHICLE MECHANIC SUPERVISOR II 557A WATER PLANT PRODUCTION SUPV PARK MAINTENANCE SUPERVISOR II r� L 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 1852.89 1862.15 1865.87 1903.19 1918.42 B �2) 1909.36 1918.91 1922.75 196121 1976.90 27 • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 190936 1918.91 1922.75 I96I.21 1976.90 GRADE 041 269A BRIDGE MAINT SUPERVISOR II 233A BUILD MAINT SUPV-LIBRARIES 622 PUBLIC WORKS SUPERVISOR III 623 SEWER SUPERVISOR III B �2) 1963.82 1973.64 1977.59 2017.I4 2033.28 GRADE 043 • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 2017.20 2027.29 203134 2071.97 2088.55 079 BUILD MATNT SUPV--FIRE DEPT B �2) 2075.79 2086.17 209034 2132.15 2149.21 GRADE 044 � �•` 624 PUBLIC WORKS FIELD SUPERVISOR 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 2078.98 208937 2093.55 2135.42 2152.50 B �Z) 2140.74 2151.44 2155.74 2198.85 2216.44 Ct7:7_\�l�Il � . 680 BUILD MAINT SUPV--PARKS & REC C� 12-21-96 Q7-19-97 12-20-97 02-28-98 10-24-98 A (1) 2141.76 2152.47 2156.77 2199.91 2217.51 B {2) 2205.63 2216.66 2221.09 2265.51 2283.63 m r� �i C� �� ARTICLE 25 - TERMS OF AGREEMENT `�� - �d�C� 25.1 This Agreement shall be effective as of January 1, 1997, and shall continue in effect through December 31, 1998. 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 Director of Labor Relations, 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 negofiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the tarms and conditions of employment. The Agreements and understandings reached by the parties after the exercise of this right aze fully and completely set forth in this Agreement. Any and all prior Agreements, resolutions, practices, policy or rules or regulations regazding the terms and conditions of employment to the extent they are inconsistent with this Agreement aze hereby superseded. CITY OF SAINT PAUL �%�� _ Mary . Kearney Director of Labor Relations s-�s- Date THE SAINT PAUL MANUAL AND MAINTENANCE SUPERVISORS ASSOCIATION ��C�r2c.G��`'� Daniel Palumbo President �/�/� � Date 29 Council File # �� RESOLUTION Presented Referred To Green Sheet # 40163 Committee Date 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 1997-1998 Labor Agreement between the City of Saint Paul and The Saint Paul Manual & Maintenance 3 Supervisors Association. Requested by Deparnnent oG O�ce oFLabor Relations Adoption Certified by Council Secretary � Appi � B ""�" - "� Form Appro e o Y By: � � b ��/Lu-2 �' zD -�l 7 Approve by Ma x r Submissi Council BY� � i Adopted by Council: Date ��__�q� � ` , DEP.4RTp1E\T/OFFICE/COCVCIL DATE INITIATED GREEN SHEET No.: 40163 LABOR RELATIONS 08-19-97 � � - � o ` � C0�7ACTPERSOV $ PNO�E- I�I71wLUATE [N171AllDaTE NLIE KRAUS 266-6513 Assic*: 1 DEPARTMENT DI �� a cirv cour,c�L 'il'�!.18ER 2 CITY ATt'ORNEY CI7Y CLERf: �fUST BE O� COl"\C[L AGE\DA Bl' (DATE) FOR BUI7GET DIA. FIN. & MGT. SEAVICE DiR. ROITING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIG\qTl'RE PACES I (CLIP ALL LOCATIONS FOR S1G\ATURE) ncno� aeQresren. This resolution approves the attached 1497-1998 Labor Agreement between the City of Saint Paul and The Saint Paul Manual & Maintenance Supervisors Association. RECOMMENDA?101:5: Approve (A) or Rejett (R) PERSONAL SERVICE COlV7'RACTS ML'ST ANSWER THE FOLLOR'ING QUESTIONS: PLANNING COMMISSION _CIVIL SERVICE COMMISSION 1. Haa this persor✓fian ever worked under a wntract for this department? CIB COMMITI'EE Yes No STAFF 2. Has this penon/fimi ever been a city employee? _DISTRICT COURT Yes No SUPPORTS WHICH COL7JCIL OBIECTNE? 3. Does this person/firtn possess a skill noi normalty possessed by any curtent city employee? Yes No Explain all yes answers on separate sheet and attach fo green s6eei INI1'IATING PROBLEM, ISSL'E, OPPORTUNITY (Who, What, When, Where, W6y): � �'�F�' e....y._. �:i �,�t�� ,�� t�� ADVAN7'AGESIFAPPRO�'ED: -- "�—� --. - "'"�'—.�..._---�� AUG 2� ig97 DISAD�'ANTAGESIFAPPROVED: rY �gg�"a'� � �� g DISADVANTAGES IF NOT APPROVED: TOTAL AD70UNT OF TRANSACTIOti: COST/REVENUE BUDGETED: FF,'!CDING SOLiRCE: ACI'IVITY NUMBER: FINANC1.41 I'�FOR\fATIO\: (ERPLAIN) Lr�' Attachment to Green Sheet City of St. Paul Offer for Settlement of M&M 1997 Contract 1. 2. 3. 4. 5. Article 1 - Recognition (Clarification) Update language with title changes as approved by the City Council. Article 7.4 - Grievance Procedure (New - between Step 3 and Step 4) Creates an Optional Mediation Step as part of the grievance process. a'� - to�o Article 7.6 - Waiver Grievances shall be considered waived if not presented within one month of occurrence or if azbitration has not been requested within two months. Also allows the Union to appeal to the next step if the Employer does not answer a grievance within the specified time limits. Article 9.8 - Seniority (New) Creates bumping rights for employees, if the Tri-Council agrees to similar language in their contract. Article 13.1 - Uniforms Changes language in this article, to allow the employer to provide uniforms, with the employee responsible for maintaining the uniform. 6. Article 13.3 - Safety Shoes The Employer agrees to pay $50 per year (no change from 1996) for safety shoes. Employees may accrue $150.00 for the purchase of shoes or boots. 7. Article 16.2 - Health Insurance 8. 9. 1996 - Cunent benefit 1997 1998 Single $180.91 Single $191.40 Single Actual Cost Family $336.41 Family $349.85 Family $349.85 + 50% of increase Article 16.6(3) - Retiree Health Insurance Employment with Schooi District #625 wili not be counted toward the 20 year service requirement for employees hired after 011O1(97 toward years of service for retiree health eligibility. Article 19.1 - Working out of Classification Allows for out-of-title pay after 15 days working in higher title. 10. Article 23 - Aeferred Compensation Reduces eligibility for $300 defened compensation match from 15 yeazs to 10 years. No change for employees with twenty (20) yeazs of service. 11. Article 24 - Wages: 12. Memo of understanding: 01/01f47 2.0% 03/01/98 2.0% 08/O1/97 0.5% 11/01/98 0.8% 12/31/97 0.2% 1997 2.7% 199$ 2.8% Upgrade Forestry Supervisor II from grade 38 to grade 40. Create Park Maintenance Supervisor II in grade 40. q'1-1�8� MEMORANDUM OF UNDERSTAI�DING BETWEEN THE CITY OF SAINT PAUL AND THE SAINT PAUL MANUAL AND MAINTENANCE SUPERVISORS ASSOCIATION I. Effective June 21, 1997, the position of Forestry Supervisor II will be "unstarred" and moved from Grade 38 to Grade 40 of the Manual and Maintenance Supervisors Association. Effective June 21, 1997, James Layer will be realiocated to the position of Forestry Supervisor II. The muumum requirements far Forestry Supervisor II will include a Commercial Drivers License (CDL). The City agrees that the job specification, including the CDL requirement, shall be reviewed at the time the incumbent is repiaced. Backpay shall be retroactive to June 21, 1997. II. Effective June 21, 1997, the position of Park Maintenance Supervisor TI will be created in Grade 40 of the Manuai and Maintenance Supervisors Association and the classification Pazk Maintenance Supervisor shall become Pazk Maintenance Supervisor I. The following persons shall be reallocated to the position of Park Maintenance Supervisor II. Thomas Knutson Cyril Kosel, Jr. Richard Lallier Backpay shall be retroactive to June 21, 1997. III. As of the date of signing of this Memorandum, the following six (6) employees were employed in the classification of Park Maintenance Supervisor: Thomas Knutson Cyril Kosel, Jr. Richard Lallier Frank Saete Fredrick Voss Richard Wiener Notwithstanding Article 9.4 of the Collective Bazgaining Agreement, in the event it is determined by the Employer that it is necessary to reduce the work force in either of the titles of Puk Maintenance Supervisor I or Park Maintenance Supervisor II, employees will be laid off based on inverse length of their total seniority in either of the two classifications, regazdless of the classification in which they are currently working. This method of determining seniority shall expire August 1, 2000, after which, the regular seniarity/layoff provision of the contract will apply. City of Saint Paul n Mary Keamey Director of Labor Relations �-��-5� Date F:\LABREL\CONTR4CT\MMSUPVRY\1997 98\MOU2. The Saint Paul Manual and Maintenance Supervisors Association ��Q�� Daniel Palumbo President �/ �1�� Dat� � r � ' , g ..� - �' ' r t � ��-� �� , , - 1 � , ' - 199'T 1918 , - ; - - _ � =- : - _ : ; ,. < , �.. � i:A�dR .AG�ZE�N�E� ; _ __ , B�TWEEN y � � ` THE ; G�TY 4�' �A � �AUI1 ; r� �; � � _ � � h ) 1 T J t tu � ... - .a < �._o. _, . . . . ..e.�_ .. ...� .. ' . ... ... . . . . ... . .: . .+ v .c.�. . ...,,� /: � (''� T � �;'. � �.Jf��y-�'�^ � } � ` $ 5 -- x r � 3/ k ? n � � .� j . .' �;":- s s ;�,. � +��: � T t. V��1�� • � - �y' s � � � 5 {4 r: i a �. - _ - �.:k-,.�; c y � µ S < D F �� 1 - . >J ( e _ s _ w . �� ' _ �. _ q� - �og0 C� INDEX ARTICLE TITLE PAGE 1 Purpose of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Maintenance of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Employer Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Empioyer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Association Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Employee Rights-Grievance Procedure . . . . . . . . . . . . . . . . . . . . . 4 8 Savings Ciause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 Constitutional Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 Overtime and Premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 13 Uniforms .......................................11 14 Vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 • 15 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 16 Insurance ....................................... 13 17 City Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 18 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 19 Working Out of Classification . . . . . . . . . . . . . . . . . . . . . . . . . . 22 20 Sick Leave and Parental Leave . . . . . . . . . . . . . . . . . . . . . . . . . 22 • 21 No Strike, No Lockout . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 22 Right to Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 23 Deferred Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 2s� Wage Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 25 Terms of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 , � .�. ARTICLE 1- PURPOSE OF AGREEMENT � i.l This Agreement is entered into between the City of Saint Paul, hereinafter called the Empioyer, and the St. Paul Manual and Maintenance Supervisors Association, hereinafter called the Association. 1.1.1 Assure sound and mutually beneficiai worldng and economic relationships between the parties hereto; 1.1.2 Establish procedures for the resolution of disputes concerning this Agreement'S interpretation 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 Empioyer 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. ARTICLE 2 - RECOGivITION 2.1 The Employer recognizes the Association as the exciusive representative, under the Public Employment Iabor Relations Act of 1984, as amended, for all personnel in the following classifications: • All manual maintenance supervisors in the ciassification 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, Custodiai Supervisor--Civic Center, Custodian Engineer (Pubiic 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 5upervisor I, Park Maintenance Supervisor II, Public Works Field Supervisor, Public Works Sugervisor 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 Coilection, Supervisor of Water Production Maintenance, Traffic Maintenance Supervisor I, Traffic Maintenance Supervisor II, Vehicle Mechanic Supervisor I, Vehicle Mechanic Supervisor II, 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) 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. . � i!1 ARTICLE 2 - RECOGIVITION (Continued) 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. Ii is understood that this provision shall refer to the Bureau of Mediation Services only such issues as by law aze under its jurisdiction. 23 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 collecrively which in any way conflicts with the terms and conditions of this Agreement, except through the certified representarive. 2.4 Neither tke Association nor the Empioyer shaIl discriminate against any Employee because of Association membership or non-membership, or because of his/her race, color, sex, religion, national origin, or political opinion or affiliations. 2.5 All existing Civil Service Rules shall appiy except those superseded by this Agreement. ARTICLE 3- MAINTENANCE OF STANDARDS 3.1 The City agrees that all conditions of empioyment relating to wages, hours of work, overtime differentials, vacations and general working conditions shall be maintained at not less than the highesz minimum standard as set forth in the Czvil Service Rutes 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 improvement are made elsewhere in this Agreement. 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 interrupuon of or interference with the normal functions of the Employer. ARTTCLE 5 - EMPLOYER AUTFIORITY 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 authoriues. 5.2 Any terms and conditions of employment not specifically established or modifed by this Agreement shall remain solely within the discrerion of the Employer to modify, establish, or eIiminate. 2 • ARTICLE 5- EMPLOYER AIJTAORITY (Continued) a� '�o�Q 5.3 The exercise by the Employer of, or its waiver of, or iu 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 Empioyer, nor the subject or basis of any grievance not admissible in any azbitration proceeding. 5.4 A public Employer is not required to meet and negotiate on matters of inherent managerial policy which include, but are not Innited 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. 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 alternates and shali inform the 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 shali be limited and co�ned to numbers and locations as aze necessary and reasonable to admuuster 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 }udgments hrought or issued against tt�e 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 Empioyer's premises and without loss of pay the Association stewards shall be allowed to post official Association notices of the designated representatives, to uansmit communications authorized by the Association or its officers under the terms of this conuact, 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. • 3 q� - �og0 ARTICLE 6 - ASSOCIATION SECURITY (Continued) 6.7 Any present or future Employee who is not an Association member may be reguired to conuibute 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 sha11 the required contribuuon 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 specifically provided by Minnesota law, and as otherwise legal. It is also understood that the Association agrees to indemnify and hoid the Employer harmless against any and atl claims, suits, orders or judgments brought or issued against the Ciry as a result of any action taken or not taken by the City under the provisions of this section. ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Defuution of a Grievance - A grievance is defined as a dispute or Disagreement as to the interpretation or applicauon of the specific terms and conditions of this Agreement. 7.2 Associarion 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 Empioyer in writing of the names of such Association representatives and of their successors when so designated as provided by 6.2 of this Agreement. • 73 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 durittg normal working hours only when consistent with such Empioyee 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 notifed 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. 4 • ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE • (Continued) q� -1 a�o 7.4 Procedure - Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1. An Empioyee claiming a violation concerning the interpretation or appiication of this Agreement shall, within one month after such alleged violation has occuned, 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 shali 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 l. Any grievance not appealed in 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 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 resoived 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. Step 3. If appealed, the written grievance shail be presented by the Association and discussed with the Bmployer-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 resoived in Step 3 may be appealed to Step 4 within ten (10) calendar days foliowing the Employer-designated representative's final answer in Step 3. C� a�, ARTICLE 7 - �o�o -EMPLOYEE (Continued) RIGHTS - GRIEVANCE PROCEDURE Optional Mediation Step I. If the grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendar days, request mediation. If both parties agree that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota $ureau of Mediation Services for the assignment of a mediator. 2. Grievance mediation is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to azbitration shaII be delayed for the period of inediation. Either party may at any time opt out of inediation at which time, the Union may then proceed to arbitration. � 5. � 3. The grievance mediarion process shall be informal. Rules of evidence shall not apply, and no record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and azgument to support their case. The mediator may meet with the parties in joint session or in sepazate caucuses. At the request of both parties, the mediator may issue an oral tecommendation for settlement. Uniess the parties agree otherwise, the outcome shall not be precedential. If the grievance is not resolved and is subsequently moved to azbitration, such proceeding shall be de novo, in that, nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resoIution or offers of settlement may be used or referred to during azbitration. 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. � C� 6 • ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continued) • 7.5 Arbitrator's Authority - � `i� 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 Employer and the Association, and shail 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 arbivator's decision shall be submitted in writing within thir[y (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 Empioyer and the Association and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts ofthe grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shaii be borne equaily by the Employer and the Association provided that each party shall be responsible for compensating its own representatives and witnesses. If • either parry 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 equaliy. 7.6 If a grievance is (1) not presented within one month of its occurrence by the employee as described in Step 1, or (2) arbitration has not been requested by the Association within two months of the Association's filing of its written grievance in Step 2, it shall be considered "waived". 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 the step and immediately appeal 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 Empioyer 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 detemuned 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. • a�l -10�d� 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 parry. AIl other provisions of This Agreement shall continue in full force and effect. ARTICLE 9 - SElVIORITY 9.1 Seniority, for the purpose of this Agreement, shall be defined as follows: A. "City Seniority" - The length of continuous, regular and probationary service with the Employer from the last date of employment in any and all class tiUes. B. "Class Seniority" - The length of continuous, regular and probationary service with the Empioyer from the date an Employee was first certified and appointed to a class title covered by this Agreement, it being furtlter understood that class seniority is confined to the cunent 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 iilness or injury; is granted to aliow an Employee to accept an appointrnent 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 shali expire after � years of layoff. In cases where there are promotionai series, such as S�pervisor I, Supervisor II, Supervisor III, etc., when the number of Employees in these higher titles is to be reduced, Employees who have held lower tides which are in this bargaining unit will be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. 8 • ARTICLE 9 - SENIORITY (Continued) a� - �oBo 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 previousiy certified and appointed in said lower-paid class tifle. 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 assignments shall be subject to the ability of the Employer to maintain operations. 9.6 Promotions shali be handied in accordance with current Civil Service Rules and practices. 9.7 The Empioyer shall post a seniority list at least once every six (6) months. 9.8 If the Employee to be laid off as a result of Article 9.4 above is in a title in a promotional series and has held lower titles in the series in this or any other bargaining unit, such Employee will be offered a reduction to the highest of these titles within the department to which classification seniority as defined in Article 9.1 above would keep them from being laid of£ This Article 9.8 shall not be effective until and unless The Tri-Council � Local 120 - Local 49 and Local 132 collective bazgaining agreement has conesponding language. Until such conesponding language is included in such bazgaining agreements, the provisions of this Article 9.8 shall be applicable only to the extent that such reductions may be offered only to previously held lower titles within the department in the series which are in this bargaining unit. L� a�l - lQ�� ARTICLE 10 - DISCIPLINE 10.1 The Employer will discipline Employees for just cause only. Discipline wili be in the form of: a) Oral reprimand; b) Written reptimand; c) Suspension; d) Reduction; e) Discharge. 10.2 103 Suspensions, reductions and discharges will be in written form. 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 exanuned at reasonable times under the d'uect supervision of the Empfoyer. No documents concerning work evaluation or discipline of an Employee wiil be placed in the Employee's personnei file unless it contains the signature of the Emgloyee acknowledging the Employee's receipt of the document prior to placing it in the file. 10.5 Dischazges 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 uritiated 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 discipiinary action shall have the right to request that a Association representative be present. ARTICLE 11 - CONSTITUTIONAL PROTECTION 11.1 Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. • . 10 • ARTICLE 12 - OVERTIlVIE AND PREMIUMS q� -�0�0 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 rhe 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. � LJ . 12.3 An Employee who is called back to work following the completion of his/her regular work day shaii be guaranteed four (4) hours pay at his/her regular straight tune rate. 12.4 Ma}or holidays, for the purpose of ffiis 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 inc]ude the following: Martin Luther King Day, Presidents' Day, Veterans' Day, and the Day aHer Thanksgiving. An Employee working a major holiday as defined herein shall receave 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 overtime 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 eariier 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. ARTICLE 13 - LTNIFORMS 13.1 The Employer agrees that if any Employee is required to wear any kind of uniform or safety equipment as a condition of continued employment, such uniform and/or equipment shail be furnished 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 safery equipment provided pursuant to this Article, damaged in the line of duty, shall be replaced by the Employer, provided that said damage is not attributabie to the negligence or other improper act of the Employee. 11 a� -�o�o ARTICLE 13 - iJNIFORMS (Continued) 13.3 The Employer agrees to pay $50.00 per year for safety shoes purchased by an • Employee who is a member of this unit. The Employer shali only contribute toward the cost of one pair of shoes per contract year. This reimbursement shail be made only after investigation and approval by the unmediate supervisor of that Employee. This Employer conuibution shall apply only to those Employees who are required by the Employer to wear protective shoes or boots. Employees may accrue $150.00 for the purchase of shoes. ARTICLE 14 - VACATION 14.1 In each calendar year, each fu12-iime Employee shall be granted vacation according to the foliowing schedule: Years of Service 0 thru 4th year Sth year thru 9th year lOth yearthru 15th year 16th year thru 23rd year 24th tear and thereafter Vacation Granted IO days 17 days 19 days 24 days 26 days 14.2 Empioyees who work less than full-time shall be granted vacation on a pro rata basis. 14.3 The head of the depariment may pernut 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 pnrposes of this Article 14, years of service shall be defined as the niunber of years since the Employee's date of appointment. This shall not include years of service prior to a resignation. • • 12 • • • ARTICLE 15 - HOLIDAYS a� - �0�� 15.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Years Day Martin Luther King Day Presidents' Day Memoriai 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 fail 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. Tn 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 Empioyees not heretofore eligible shall receive holiday pay. 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 contracts negotiated by the Employer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by the benefit providers. However, the Employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. 16.2 Effective January 1, 1997, for each eligible Employee covered by this Agreement who is employed full-tirne and who selects Employee insurance coverage, the Employer agrees to contribute $191.40 toward the cost of singie health insurance premium. Effective January 1,1997, for each eligible full-time Empioyee who selects family health insurance coverage, the Employer will contribute the cost of such family coverage, or $349.85 per month, whichever is less. 13 �� o�o ARTICLE 16 - INSURANCE (Continued) Effective 7anuary 1,1998, for each eligible Employee covered by this Agreement who is employed full-tune and who selects Employee insurance coverage, the Employer agrees to contribute the fuIl cost of the single health insurance premium. Effective January 1, 1998, the Employer's contribution toward family insurance coverage shown above for 1997 shali be adjusted to reflect an increase of fifty percent (50%) of the largest 1998 premium increase for family health insurance coverage provided by ttie Employer. 16.3 For each etigible Empioyee the Employer agrees to contribate the cost of $5,0001ife insurance coverage. 16.4 In addition to the $5,000 Life Insurance Coverage in 163 the Employer agrees to contribute the cost of addiuonal Life Coverage or $0.59 per thousand dollars of coverage per month, whichever amount is less. The totai amount of Life Insurance Coverage provided under this Section and Section 16.3 for each Employee shall be equal to the EmpIoyee's annual salary to the nearest fuIl thousand dotlars. For the purpose of this section, the Employee's annual salary shall be based on the salary as of the beginning of a conuact period. This conuibution 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 time of retirement in order to be eligible for the Employer contributions, listed in Sections 16.6 through 16.16 below, toward a health insurance plan offered by the Employer: 16.5(1) Be receiving benefits from a public Employee retirement act at the tune of retirement, and 16.5(2) Have severed his/her relationship with the Ciry of Saint Paul for reasons other than misconduct, and 16.5(3) I3ave completed at least 20 years service with the City of St. Paul. Employment u�ith School District #625 will not be counted toward the service requirement for Employees hired after O1/Oi/97 towazd years of service for retiree health eligibility. • � � 14 ARTICLE 16 - INSURANCE (Continued) Early Retirees • • • 16.6 This Section shall apply to full time Employees who: 16.7 16.6(1) Retire on or after January 1, 1996, and 16.6(2) Were appointed on or before December 31, 1995, and 16.6(3) Have not attained age 65 at retirement, and 16.6(4) Meet the terms set forth in Section 16.5 above, and 16.6(5) Select a health insurance plan offered by the Employer. � ! �� Until such Employees reach sixty-five (65) years of age, ihe Employer agrees that for retirees selecting single coverage, the Employer will provide the same contribution as is provided for active Employees selecting single coverage under this Agreement. This amount, however, shall not exceed $350.00 per month. For Employees selecting family heaith insurance coverage, the Employer will contribute $350.00 per month toward the premium for famiiy 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 $S,OOO life insurance until the retiree attains ihe age of 65. When such eariy retiree attains age 65, the provisions of Section 16.8 shail apply. This Section shall apply to full tune Employees who: 16.7(i) 16.7(2) 16.7(3) 16.7(4) 16.7(5) Retire on or after January 1, 1996, and Were appointed on or after January 1, 1996, and Have not attained age 65 at retirement, and Meet the conditions set forth in Section 16.5 above, and Select a health insurance plan offered by the Employer. Until such retirees reach sixty-five (65) years of age, the Empioyer agrees to contribute a m�nnum 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 unul the retiree attains the age of 65. When such early retiree attains age 65, the provisions of Section 16.9 shall apply. Upon such retiree reaching the age of sixry-five (65), such Empioyer contribuuons toward such early retiree coverages shall terminate. The Employer wall 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 which time the life insurance coverage shall terminate. 15 q� � l�gd ARTICLE 16 - INSURANCE (Continued) Regular Retirees (Age 65 and over) 16.8 This Section shail apply to full time Employees who: 16.8(1) Retire on or after January 1, 1996, and 16.8(2) Were appointed on or before January 1, 1996, and 16.8(3) Have attained age 65 at retirement, and 16.8(4) Meet the terms set forth in Section 16.5 above, and 16.8(5) Select a health insurance plan offered by the Employer. The Employer agrees to contribute a masimum of $550.00 per month toward the premium for single or family health insurance coverage offered by the Employer to regutar retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Section shall atso apply to eariy retirees who retired under the provisions of Section 16.6 when such early retirees attain age 65. 16.9 This Section shall apply to fuil time Employees who: 16.9(1) Retire on or after January 1, 1996, and 169(2) Were appointed on or after 7anuary 1, 1996, and 16.9(3) Have attained age 65 at retirement, and 16.9(4) Meet the terms set forth in Sections 16.5 above, and 16.9(5) Select a health insurance plan offered by the Employer. The Employer agrees to coniribute a masimum 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 aiso apply to early retired under the provisions of Section 16.7 when such early retirees attain age 65. 16.10 If an Employee does not meet the condition of Section 16.5(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. 16.11 A retiree may not carry his/her spouse as a dependent if such spouse is also a Ciry retiree or City Employee and eligible for and is enrolled in the City's health insurance program. 16.12 Any cost of any premium for any Ciry-offered Employee or family insurance coverage in excess of the dollar amounts stated in this Article 16 shall be paid by the Employee. n LJ • r1 LJ 16 ARTICLE 16 - INSURANCE (Continued) a� - rogo 16.13 The contributions indicated in this Article 16 shali be paid to the Employer's Third • Party Admuustrator. 16.14 The Employer will provide a system whereby the Employee's conuibution toward premiums for the Empioyee selected health insurance coverages can be paid on a pre- tax basis. Employees covered by this Agreement will be eligible to participate in the Flexible Spending Account as offered by the Employer. The service fee charged to participating Employees shail be paid by the Empioyer. 16.15 Employees covered by this Agreement shail be eligible to participate in the Dependent Care Reimbursement Account offered by the Employer. The service fee charged to participating Empioyees shali be paid by the Employer. Survivor Insurance 16.16 The surviving spouse of an Employee carrying family coverage at the time of hislher death due to a job connected injury or illness which was determined to have arisen out of and in the course of his/her employment under worker's compensation law shall continue to be eligible for City contribution in the same proportions as is provided for retired Employees. • In the event of the death of an early retiree or a regular retiree, the dependents of the retiree shall have the option, within thirty (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the premium and Employer cantribution accorded to the eligibie deceased retiree. It is further understood that coverage shall cease in the event of: 16.16(1) Subsequent remarriage of the surviving spouse of the deceased Employee or retiree. 16.16(2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. � 17 a� - �ogo ARTICLE 17 - CITY MII.EAGE 17.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Adminisuative Code, as amended, pertaining to reunbursement of City officers and Employees for the use of their own automobiles in the performance of their duties, the following provisions are adopred. 17.2 Method of Computation: To be eligible for such reimbursement, all officers and EmpIoyees 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 reunbursed at the rate of $3.00 per day for each day the Employee's vehicie is actually used in performing the duties of the Employee's position. In addition, the Employee shatl 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 TtEGULARLY during employment, the Employee shail 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 EmpIoyee desires to use hisfher own automobile, then the Employee shall be reunbursed at the rate of $.15 ger mile driven and shall not be eligible for any per diem. 173 The Ciry wiil provide parking at the Civic Center Parking Ramp for City Employees on either of the above meniioned 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 repor[s indicating miles driven and shall file monthly a�davits stating the number of days worked and the number of miles driven, and further require that they maintain aucomobile liabiliry insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the City Clerk. • • � U I�'.3 ARTICLE 18 - SEVERANCE PAY L�� _�� 18.1 The Employer shall provide a severance pay program as set for[h 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 or older or must be eligible for pension under the "rule of 85" or "rule af 90" provisions of the Pubiic 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 compulsory retirement. Those Employees who are discharged for cause, misconduct, ine�ciency, incompetency, or any other disciplinary reason aze 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 unciassified 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 ciearly indicate that by requesting severance pay, the Employee waives all clauns to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. • 18.2.5 The Empioyee 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-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 maxunum 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 separation of employment, and if the Employee would have met all of ffie requirements set forth above at the tune of his or her death, payment of the severance pay may be made to the Employee's estate or spouse. 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. • 19 q� - ��d ARTICLE 18 - SEVERANCE PAY (Con�inued) 18.7 The manner of gayment of such severance pay shalt be made in accordance with the provisions of City Ordinance No. 11490. 18.8 This severance pay program shali be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this Article confiict with said ordinance and in such cases, tiie provisions of this Article shall control. 18.9 The provisions of this Article shall be effective December 31, 1984. 18.I0 Any Employee hired prior to December 31, I982, may, in any event, and upon meeting the qualifications of this ArticIe or City Ordinance No. 11490, as amended by City Ordinance No. 16303, Section 1, Section 6, draw severance pay. Aowever, 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 Employee hired after December 31, 1984, shall only be entitled to the benefits of this article upon meeting the qualifications herein. 18.11 For Empioyees regularly appointed to a title covered by this Agreement on or after January l, 1990, the Employer shall provide only the severance pay program as set forth in 18.12 through 18.18. I8.12 The Employer shalI 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 canse, misconduct, ine�ciency, 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 will cleariy indicate that by reqaesting severance pay, the Emplayee waives all claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 18.13.3 The Employee must have an accumulated baIance of at teast eighty (80) days of sick leave credits at the time of lus separation from service. • . • ►[I�] A.RTICLE 18 - SEVERANCE PAY (Continued) q�l - [08d I8.14 If an Employee requests severance pay and if the Employee meets the eligibility • requirements set forth above, he or she wili 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 maYimum as shown below based on the number of years of service in the Ciry_ Years of Service with the City At Least 20 21 22 23 24 25 �'� � . �� : 111 ' 11 1 It1 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 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. 18.17 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, ihe provisions of this Article shall control. 18.19 Notwithstanding Article 18.11, Employees regularly appointed to a title covered by this Agreement prior to 7anuary 1, 1940, 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 election by an Employee to draw severance pay under 18.13 through 18.14 shali constitute a bar to drawing severance pay under any other provisions set forth in this Article 18. Masimum Severance Pay � 21 a� - lo�o ARTICLE 19 - WORKING OUT O� CLASSIFICATION 19.1 Any Employee woridng an out-of-class assignment for a period in excess of fifteen (15) working days during any fiscal 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 assignment. For purposes of this article, an out-of-class assignment is defined as the full-time performance of ali of the significant duries 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 shai2 be the same rate the Employee would receive if he was promoted to the higher classification. ARTICLE 20 - SICK LEAVE AND PARENTAL LEAVE 20.1 Sick leave shall be earne@ and granted in accordance witiz the Civil Service Rules. 20.2 In the case of a serious illness or disability of an Employee's child, parent, or househoid member, the head of the department shalI grant leave with pay in order for the Employee to care for or make arrangements for the care of such sick or disabled persons. Such paid leave shall be drawn from the Employee's accumulated sick leave credits. Use of such sick leave shall be limited to 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 Parentai 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 maaner as any other disabted or ill Ciry Employee. Sach paid sick leave etigibiliry shail 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 posiuon. 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 tweive (12) months by mutual Agreement between the Employee and the Employer. Refusal on the part of the Employer to grant an extension of such leave shall not be subject to the provisions of Article 6 of this Agreement. Employees who return foliowing such leaves of absence shall be placed in a position of equivalent salary and tenure as the one held }ust prior to the beginning of their leave. • C� • 22 ARTICLE 20 - SICK LEAVE AND PARENTAL LEAVE (Continue�) � 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 ciassroom activities related to the Employee's chiid, 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 prior notice of the leave and make a reasonable effort to schedule the leave so as not to unduly disrupt the operations of the Employer. An Empioyee shall be allowed to use vacation or compensatory time for this leave; otherwise, this leave shali 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 without pay for up to 480 hours per fiscal year. During such leave of absence, the Employee shall 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. ARTICLE 21 - NO STRIKE, NO LOCKOUT 21.1 The Association 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 all possible means of peaceful settiement of any controversy that may arise. ARTICLE 22 - RIGHT TO SUBCONTRACT 22.1 The Empioyer may at anytime 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 shail give the Association a ninety (90) calendar day notice of the intention to subcontract. ARTICLE 23 - DEFERRED COMPENSATION 23.1 Beginning January 1, 1997 Employees who have completed ten (10) years of service shall have $300.00 for Deferred Compensation paid by the Employer on a dollar for dollar match. 23.2 Empioyees who have completed twenty (20) years of service shail have $500.00 for Defened Compensation paid by the Employer on a dollar for doliar match. • 23 ARTICLE 24 - WAGE SCHEDULE GRADE OlU • 481 DISPATCHER 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 19.76 19.86 19.90 2030 20.46 GRADE02U 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 19.90 20.00 20.Q4 20.44 20.60 GRADE 04U n U 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 19.93 20.03 20.07 20.47 20.63 B �Z) 20.67 20.77 20.81 21.23 21.40 C�RADE Q6U � �� 123A CUSTODIAL SUPV--CIVIC CENTER 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 1834 18.43 18.47 18.84 18.99 • 24 � • � , J 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 15.46 15.54 15.5 7 15.88 16.01 A (1) 1398.54 1405.53 140834 1436.51 1448.00 A (1) 1528.23 1535.87 1538.94 1569.72 1582.28 A (1) 1563.94 1571.76 1574.90 1606.40 1619.25 B (2) 1436.20 ]443.38 1446.27 1475.20 1487.00 B �2) 1571.00 1578.86 1582.02 1613.66 1626.57 B �2) 1607.90 1615.94 1619.17 1651.55 1664.76 GRADE 08U 212A NIGHT CUSTODIAL SUPV--CC GRADE 030 GRADE 033 304A MARINA SERVICES SUPERVISOR GRADE 034 25 a� - �o�o � 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 1589.43 159738 1600.57 1632.58 1645.64 B (2) 1632.21 164037 1643.65 1676.52 1689.93 GRADE 035 338A SEI3IOR ZOO KEEPER GRADE 036 � �:/ 475 FORESTRY SUPERVISOR 208 GOLF COURSE SUPERINTENDENT 076A PARK MAINTENANCE SUPERVISOR 368 PUBLIC WORKS SUPERVISOR I 416 SEWER SUEERVISOR I 172A TRAFFIC MAINTENANCE SUPV I 525A WATER MAINTENANCE SUPERVISOR 528 WATER SERVICE SUPERVISOR 532 WATERSHED SUPERVISOR I 536 ZOO SUPERVISOR • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 165815 1666.44 1 bb9.77 1703.17 1716.80 B �2) 1703.15 1711.67 1715.09 1749.39 176339 GRADE 037 � 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1} 166433 1672.65 1676.00 1709.52 1723.20 B �2) 170936 1717.91 172135 1755.78 1769.83 � a� - �o�o ... , : • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (i) 1750.25 1759.00 1762.52 1797.77 1812.15 268A BRIDGE MAINT SUPERVISOR I 230A METER OPERATIONS SUPERVISOR 369 PUBLIC WORKS SUPERVISOR II 809 SEWER SUPERVISOI2II 560 SUPV OF GAIZBAGE COLLECTION 964 VEHICLE MECIIAI3IC SUPERVISOR I 194 WATER UTILITY MAINS SUPERVISOR 542 WATERSHED SUPERVISOR II B �2) I 800.49 1809.49 1813.11 184937 1864.16 GRADE 039 173 EQUIPMENT MAINT SUPERVISOR i 12-21-96 07-19-47 12-20-97 02-28-98 10-24-98 A ��> 1795.04 1804.02 1807.63 1843.78 1858.53 B �z� 1845.28 1854.51 1858.22 189538 1910.54 GRADE 040 103 FORESTRY SUPERVISOR II 620 TRAFFIC MATNTENANCE SUPV II 394A VEHICLE MECHANIC SUPERVISOR II 557A WATER PLANT PRODUCTION SUPV PARK MAINTENANCB Si3PERVISOR II • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 1852.89 1862.15 1865.87 1903.19 1918.42 B �2) 190936 191891 1922.75 1961.21 1976.90 27 • • • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 190936 1918.91 1922.75 1961.21 1976.94 A (1) 2017.20 2027.29 203134 2071.97 2088.55 A (1) 2078.98 2089.37 2093.55 2I35.42 2152.50 A (1) 2141.76 2152.47 2156.77 2199.91 2217.51 GRADE 041 269A BRIDGE MAiNT SUPERVISOR II 233A BUILD MAINT SUPV-LIBRARIES 622 PUBLIC WORKS SUPERVISOR III 623 SEWER SUPERVISOR III B �2) 1963.82 1973.64 1977.59 2017.14 2433.28 CijC7�9I1Ii�] 079 BUILD MAINT SUPV--FIRE DEPT B (2) 2075.79 2086.17 2090.34 2132.15 2149.21 �� t,. 624 PUBLIC WORKS FIELD SUPERVISOR B �2) 2140.74 2151.44 2155.74 2198.85 2216.44 Cf7C7:�� 1 � j 680 BUILD MAINT SUPV--PARKS & REC B �2) 2205.63 2216.66 2221.09 2265.51 2283.63 P�3 Q�-lOgO � • • ARTICLE 25 - TERMS OF AGREEMENT �.�1-�080 25.1 This Agreement shall be effective as of January 1, 1997, and shall continue in effect through December 31, 1998. 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 shatl be recommended by the Director of Labor Relafions, 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 concerning the terxns and conditions of employment. The Agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. Any and all prior Agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this Agreement are hereby superseded. CITY OF SAINT PAUL Mary . Kearney � Director of Labor Relations �-��-�.7 Date THE SAINT PAUL MANUAL AND MAINTENANCE SUPERVISORS ASSOCIATION �� Daniel Palumbo President �// �1�7 Date �� d: Attachment to Green Sheet City of St. Paul Offer for Settlement of M&M 1997 Contract 1. 2. 3. 4. 5. 6. 7. Article 1 - Recognition (Clarification) Update language with title changes as approved by the City Council. Article 7.4 - Grievance Procedure (New - between Step 3 and Step 4) Creates an Optional Mediation Step as part of the grievance process. Article 7.6 - Waiver ��- `o� Grievances shall be considered waived if not presented within one month of occunence or if arbitration has not been requested within two months. Also allows the Union to appeal to the next step if the Employer does not answer a grievance within the specified time limits. Article 9.8 - Seniority (New) Creates bumping rights for employees, if the Tri-Council agrees to similar language in their contract. Article 13.1 - Uniforms Changes language in this article, to allow the employer to provide uniforms, with the employee responsible for maintaining the uniform. Article 13.3 - Safety Shoes The Employer agrees to pay $50 per year (no change from 1996) for safety shoes. Employees may accrue $150.00 for the purchase of shoes or boots. Article 16.2 - Heaith Insurance 1996 - Current benefit 1997 1998 Single $180.91 Single $191.40 Single Actual Cost Family $336.41 Family $349.85 Family $349.85 + 50% of increase 8. Article ]6.6(3) - Retiree Health Insvrance Employment with School District #625 wili not be counted toward the 20 year service requirement for employees hired after Ol/O1/97 toward years of service for retiree health eligibility. 9. Article 19.1 - Working out of Classification ASlows for out-of-title pay after I S days working in higher title. 10. Article 23 - Deferred Compensation Reduces eligibility for $300 deferred compensation match from 15 yeazs to 10 years. No change for employees with twenty (20) years of service. 11. Article 24 - Wages: 12. Memo of understanding: 01l01/97 2.0°!0 03/01/98 2.0% 08/Ol/97 0.5% 11/O1/98 0.8% 12/31/97 0. % 1997 2.7% 1998 2.8% Upgrade Forestry Supervisor II from grade 38 to grade 40. Create Park Maintenance Supervisor II in grade 40. �1.1�� MEMORANDi3M OF i3NDERSTANDING BETWEEN TI3E CITY OF SAINT PAUL AND THE SAINT PAUL MANUAL AND MAINTENANCE SUPERVISORS ASSOCIATION I. Effective June 21, 1997, the position of Forestry Supervisor II will be "unstarted" and moved from Grade 38 to Grade 40 of the Manual and Maintenance Supervisors Association. Effective June 21, 1997, James Layer wiil be reallocated to the posifion of Forestry Supervisor II. The minimum requirements for Foreshy Supervisor II will include a Commercial Drivers License (CDL). The City agrees that the job specification, including the CDL requirement, shall be reviewed at the time the incumbent is replaced. Backpay shali be retroactive to June 21, 1997. II. Effective June 21, 1997, the position of Park Maintenance Supervisar II will be created in Grade 40 of the Manual and Maintenance Supervisors Association and the classification Pazk Maintenance Supervisor shall become Pazk Maintenance Supervisor L The following persons shall be reallocated to the position of Park Maintenance Supervisor II. Thomas Knutson Cyril Kosel, Jr. Richazd Lallier Backpay shall be retroactive to June 21, 1997. III. As of the date of signing of this Memorandum, the following six (6) employees were employed in the classification of Park Maintenance Supervisor: Thomas Knutson Frank Saete Cyril Kosel, Jr. Fredrick Voss Richazd Lallier Richard Wiener Notwithstanding Article 9.4 of the Collective Bargaining Agreement, in the event it is determined by the Employer that it is necessary to reduce the work force in either of the titles of Park Maintenance Supervisor I or Park Maintenance Supervisor II, employees will be laid off based on inverse length of their total seniority in either of the two classifications, regardless of the classification in which they are currently working. This nnethod of determining seniority shall expire August 1, 2000, after which, the regular seniority/layoff provision of the contract will apply. City of Saint Paul (°rytw, � Mary H. Kearney Director of Labor Relations �—tp-47 Date F:\LABREL\CONTRACTIMMSUPVRY\1997 98\MOU2. The Saint Paul Manual and Maintenance Supervisors Association ��O�P�� Daniel Palumbo President �//9�97 Dat�— �- - � - ��,�nSf� - � �� ` - � _ : - � -- � `- ; .,_ ��9� - l - ��BQ�'f=AG��l�N'f ` ��'VEEN s Y � , ,_ ` ._ -: : .r' .. l d` . ' " t. } �� _CI�Y;4F S�N� PA�3Lv- - _, z . �� _� , , F ' � � �. . - � : .• ' ,• � ... . f �rr. `� � t i . i . . , ,; ` . TI�. �AIl�T'�.PA�,1�I�N�[7�L 8i r�A�NT�NAl�� . ,_;t � ,.. _ H. .. � �: _ � _ 1. �, , , ,. STfiP��R� �i��C3�AT��T __ „ 4 � J �. Y� � z` Lij � t ? " 4 �> S' y 1 Y : : � ` . \ 4 ��- +y L_ ,: : r F': �Gr �; i. 5 . f ;_1 y Z - _'C =:J ! �:.(' '! G�-1Q�0 • INDEX ARTICLE TITLE PAGE 1 Purpose of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Maintenance of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Employer Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Employer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Association Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Bmployee Rights-Grievance Procedure . . . . . . . . . . . . . . . . . . . . . 4 8 Savings Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 Constitutional Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 Overtune and Premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 13 Uniforms .......................................11 14 Vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 • 15 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 16 Insurance .. ... .. .......... .... ....... . . ... . ..... 13 17 City Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 18 5everance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 19 Working Out of Classification . . . . . . . . . . . . . . . . . . . . . . . . . . 22 20 Sick Leave and Parentai L.eave . . . . . . . . . . . . . . . . . . . . . . . . . 22 21 No Strike, No Lockout . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 22 Right to Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 23 Deferred Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 24 Wage Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 25 Terms of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 • ARTICLE 1- PURPOSE OF AGREEMENT �� 1.1 This Agreement is entered into between the City of Saint Paul, hereinafter called the Employer, and the St. Paui 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 rhe resolution of disputes concerning this Agreement'S interpretation andlor application; and 1.13 Piace in written form the parties' Agreement upon terms and conditions of employment for the duration of this Agreement. i.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. ARTICLE 2 - RECOGNITION 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: . All manual maintenance supervisors in the classification of Animal Control Supervisor, Bridge Maintenance Supervisor I, Bridge Maintenance Supervisoz II, Building Maintenance Supervisor--Fire Department, Building Maintenance Supervisor-Libraries, Building Maintenance Supervisor--Parks & Recreation, Custodiai Superoisor--Civic Center, Custodian Engineer (Public Safety Buiiding), 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 I, Park Maintenance Supervisor II, Public Works Field Supervisor, Public Works Supervisor I, Pubiic 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, Vehicie Mechanic Supervisor I, Vehicle Mecl�anic Supervisor II, 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) work days per year by the City of Saint Paul or who are under the conuol of the Ciry of Saint Paul in the setting of terms and conditions of employment, excluding all other Employees. C� � `.i ARTICLE 2 - RECOGNTI'ION (Continued) 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 bazgaining unit under the jurisdiction of this Agreement, either individually or collectively which in any way conflicts with tfie terms and conditions of this Agreement, except through the certified representative. 2.4 Neither the Association nor the Employer shall discriminate against any Emgloyee because of Association membership or non-membership, or because of his/her race, color, sex, religion, national origin, or politicaf opinion or afFiliations. 2.5 All existing Civil Service Rules shali apply except those superseded by this Agreement. ARTICLE 3- MAINTENANCE OF STANDARDS 3.1 The City agrees that all conditions of employment relating to wages, hours of work, overtnne differentials, vacauons 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 Ciry 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 improved wherever specific provisions for improvement are made elsewhere in this Agreement. 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 suike, slow-down or other interruption of or interference with the normal functions of the Employer. ARTICLE 5 - EMPLOYER 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 ttus Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. 2 • ARTICLE 5- EMPLOYER AU'I'HORITY (Continued) q"l `�Qgo 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 arbivation proceeding. 5.4 A public Employer is not required to meet and negotiate on matters of inherent managerial policy which inciude, 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. 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 alternates and shall inform the 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 Innited and confined to numbers and locations as are necessary and reasonable to administer the provisions of this Agreement. 6.3 The Empioyer 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 Empioyer 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 Empioyer's premises and without loss of pay the Association stewards shall be allowed to post official Association notices of the designated representatives, to uansmit 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 Associauon 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, ccercion or discrimination against a steward because of the performance of such duties. L� q - �o�� ARTICLE 6- ASSOCIA ION SECURITY (Continued) 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 Empioyer shall check off said fee from the eaniings of the Employee and transmit the same to the Association. In no instance shall the required contribuuon exceed a pro-rata share of the specific expenses incurred for services rendered by the representative in relationsIup to negotiations and administration of grievance procedures. This provision shall remain operauve only so long as spec�cally provided by Minnesota law, and as otherwise legal. It is also understood that the Association agrees to indemnify and hoId the Empioyer harniless against any and all ciaims, suits, orders or judgments brought or issued against the Ciry as a result of any action taken 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 the specific terms and conditions of this Agreement. 7.2 Association Itepresentatives - The Employer will recognize Representatives designated by the Association as the grievance representauves of the bargaining unit having the duties and responsibilities established by this Article. The Associauon 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 Empioyer 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 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 detrimental to the work programs of the Employer. 4 � ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continued) ��' �' 1 • 7.4 Procedure - Grievances, as defined by Section 7.1, shali be resolved in conformance with the foilowing procedure: Step 1. An Empioyee claiming a violation concerning the interpretation or application of this Agreement shall, within one month after such alleged violation has occuned, present such grievance to the Employee's supervisor as designated by the Empioyer. 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 i. Any grievance not appealed in 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 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 final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Association within ten (10) calendar days shali be considered waived. Step 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. � a� - 1�g0 ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continued) Optional Mediation Ste� • 1. If the grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendaz days, request mediation. If both parties agree that the grievance is suitable for mediation, the parties shali submit a joint request to the Minnesota Bureau of Mediation Services for the assignment of a mediator. 2. Grievance mediation is an optionat and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance azbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to arbiri shalt be delayed for the period of inediation. Either pariy may at any time opt out of inediation at which tune, the Union may then proceed to arbitration. 3. The grievance mediation process shall be informal. Rules of evidence shall not apply, and no record shall be made of the proceeding. Both sides shall be provided ample oppommity to present the evidence and azgument to support their case. The mediator may meet with the parties in joint session or in sepazate caucuses. 4. At the request of both parties, the mediator may issue an oral recommendation for settlement. • 5. Unless the parties agree otherwise, the outcome shall not be precedential. 6. If the grievance is not resolved and is subsequently moved to azbitration, such proceeding shaIi be de novo, in that, nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resolution or offers of settlement may be used or referred to during arbitrarion. 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 arbivator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. • ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continued) • 7.5 Arbitrator's Authority - q�-1a�0 A. The arbitrator shall have no right to amend, modify, nuilify, 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 Employer and the Associauon, 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 conuary 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 shail 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. G 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 shail 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 equaily. 7.6 If a grievance is (1) not presented within one month of its occurrence by the employee as described in Step 1, or (2) azbitration has not been requested by the Association within two months of the Association's filing of its written grievance in Step 2, it shali be considered "waived". 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 the step and immediately appeal 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 understoad by the Association and the Employer that if an issue is determined by this grievance, that issue shali 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 deternuned by the grievance procedure under the Civil Service Rules and Regulations, it shali not again be submitted for arbitration under the procedures set forth in this Articie. \J ARTICLE S - S�GS 8.1 This Agreement is subject to the laws of the United States, the State of Minnesota. In the event any provision of tfiis 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. AII 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. ARTICLE 9 - SElvIORTTY 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 tities. 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 tiUe covered by this Agreement, it being further understood that class seniority is confined to the cusent class assignment held by an Employee. 9.2 Seniority shaIl 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 aliow an Employee to accept an appointment to the unclassified service of the EmpIoyer; 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, Empioyees 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 � years of layoff. In cases where there aze promotional series, such as Supervisor I, S�pervisor 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 wtuch class senioriry would keep them from being laid off, before layoffs are made by any class tide in any department. 8 • ARTICLE 9 - SENIORITY (Continued) � �:1 It is fur[her understood that a laid off Employee shail have the right to placement in any • lower-paid ciass title, provided said Employee has been previously certified and appointed in said lower-paid ciass 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, retum to originai ciass as provided in paragraph (A) above. 9.5 To the extent possible, vacation periods shaI] be assigned on the basis of "City Seniority," within each class, by division. It is however, understood that vacation assignments shall he suhject to the ability of the fimployer to maintain operations. • .� 9.7 Promotions shali be handled in accordance with current Civil Service Rules and practices. The Employer shall post a senioriry list at ]east once every six (6) months. 9.8 If the Employee to be laid off as a result of Article 9.4 above is in a title in a promotional series and has held lower titles in the series in this or any other bazgaining unit, such Employee will be offered a reduction to the highest of these tities within the department to which classification seniority as defined in Article 9.1 above would keep them from being laid off. This Article 9.8 shall not be effective until and uniess The Tri-Council Local 120 - Local 49 and Local 132 collective bazgaining agreement has corresponding language. Until such corresponding language is included in such bargaining agreements, the provisions of this Article 9.8 shall be applicable only to the extent that such zeductions may be offered only to previously held lower tities within the department in the series which are in this bargaining unit. • �l � lQ�� 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 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 wili be placed in tt�e 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 Associauon 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 the right to request that a Association representative be present. ARTICLE 11 - CONSTITUTIONAL PROTECTION 11,1 Employees sY�all have the rights granted to all citizens by the United States and Minnesota State Constitutions. 10 • ARTICLE 12 - OVERTIME AND PREMIiTMS q�-�ag0 12.1 Employees (with the excepuon 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 Employees in classifications in salary grade 41 or above shall be paid straight tune for work performed in excess of the regular work day and/or forty (40) hour work week. �J • 123 An Employee who is called back to work foliowing the completion of his/her regular work day shali be guaranteed four (4) hours pay at his/her 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; Iabor 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 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 shail be in addition to regular holiday pay. 12.5 An Employee shall be compensated in either compensatory time off or overtune payment in cash. 12.6 A night differential of fave 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 shiR 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 Empioyee shall be eligible for the night differential only for the hours actually worked during night shift hours. ARTICLE 13 - iJNIFORMS 13.1 The Empioyer agrees that if any Employee is required to wear any kind of uniform or safety equipment as a condition of continued empioyment, such uniform and/or equipment shall be furnished by the Employer. It is however, further understood that the Employer's obligation to provide uniforms and/or safery equipment shall be conf'med 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, shal] be replaced by the Employer, provided that said damage is not attributable to the negligence or other improper act of the Employee. 11 a� - �o�o ARTICLE 13 - iJNIFORMS (Continued) 13.3 The Employer agrees to pay $50.00 per year 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 reunbursement shall be made only after investigation and approval by the immediate supervisor of that Employee. This Empioyer contribation shalt apply only to those Employees who are required by the Employer to wear protective shoes or boots. Employees may accrue $150.00 for the purchase of shoes. 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 14.2 14.3 14.4 Vacation Granted 10 days 17 days 19 days 24 days 26 days Employees who work less than full-time shall be granted vacation on a pro rata basis. The head af the department may pemut an Employee to carry over into the following fiscal year up to one hundred twenty (120) hours of vacation. 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 shall not include years of service prior to a resignation. i . • 12 . ARTICLE 15 - HOLIDAYS a� -�a�o 15.1 Holidays recognized and observed. The following days shali 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 shail fail on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shali 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. 153 Eligibility Requirements. In order to be eligible for a holiday with pay, an Empioyee'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 payroli the last working day before the holiday and on tltree 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. ARTICLE 16 - INSURANCE 16.1 The insurance pians, 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 plans agree to accept any changes in benefits which a specific provider implements. u 16.2 Effective January 1, 1997, for each eligible Employee covered by this Agreement who is employed full-tirne and who selects Employee insurance coverage, the Employer agrees to contribute $191.40 toward the cost of single health insurance premium. Effective January 1,1997, for each eligible full-time Employee who selects family health insurance coverage, the Employer will contribute the cost of such family coverage, or $349.85 per month, whichever is less. 13 q�i -1��0 ARTICLE 16 - INSURANCE (Continued) Effective January 1,1998, for each eligible Employee covered by this Agreement who • is employed full-tnne and who selects Employee insurance coverage, the Employer agrees to contribute the full cost of the single health insurance premium. Effective January 1, 1998, the Employer's contribution toward family insurance coverage shown above for 1997 shall be adjusted to reflect an increase of fifty percent (50%) of the largest 1998 premium increase for family health insurance coverage provided by the Employer. 16.3 For each e2igible Emptoyee 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 conuibute 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 Empioyee shall be equal to the Emptoyee's annuai salazy to the nearest full thousand dolIars. For tfie purpose of this section, the Employee's annual salary shali 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 time of retirement in order to be eligible for the Employer contributions, listed in Secuons 16.6 through 16.16 below, toward a healTh insurance plan offered by the Employer: 16.5(1) Be receiving benefits from a public Employee retirement act at the time of retirement, and 16.5(2) Have severed his/her relationship with the City of Saint Paul for reasons other than misconduct, and 16.5(3) Have completed at least 20 yeazs service with the Ciry of St. Paul. Employment with School District #625 will not be counted toward the service requirement for Employees hired after Ol/O1/97 toward yeazs of service for retiree health eligibility. � � 14 ARTICLE 16 - INSURANCE (Continued) Early Retirees � 16.6 This Section shall apply to full time Employees who: 16.6(i) Retire on or after January 1, 1996, and 16.6(2) Were appointed on or before December 31, 1995, and 16.6(3) Have not attained age 65 at retirement, and 16.6(4) Meet the terms set forth in Section 16.5 above, and Ib.6(5) Select a health insurance plan offered by the Empioyer. a�-�o�o Until such Empioyees reach sixty-five (65) years of age, the Employer agrees that for retirees selecting single coverage, ihe Empioyer will provide the same contribution as is provided for active Employees selecting single coverage under this Agreement. This amount, however, shall not exceed $350.00 per month. For Employees selecting family health insurance coverage, the Employer will contribute $350.00 per month toward the premium for family health insurance coverage. Any unused portion of the Employer's contribution shali not be paid to the retiree. In addition, the Empioyer 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 16.8 shall apply. • 16.7 This Section shall appiy to fuil time Employees who: 16.7(1) Retire on or after January 1, 1996, and 16.7(2) Were appointed on or after January 1, 1996, and 16.7(3) Have not attained age 65 at retirement, and 16.7(4) Meet the conditions set forth in Section 16.5 above, and 16.7(5) 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 mazimum 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 eazly retiree attains age 65, the provisions of Section 16.9 shall apply. Upon such retiree reaching the age of sixry-five (65), such Employer contributions toward such early retiree coverages shali ternunate. T'he 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 which time the life insurance coverage shail terminate. • 15 °►�1 � 10�6� ARTICLE 16 - INSURANCE (Continued) Regutar Retirees (Age 65 and over) 16.8 This Section shaIl apply to full tune Employees who: 16.8(1) Retire on or after January 1, 1996, and 16.8(2) Were appointed on or before January 1, 1996, and 16.8(3) Have attained age 65 at retirement, and 16.8(4) Meet the terms set forth in Section 16.5 above, and 16.8(5) Select a health insurance plan offered by the Employer. The Employer agrees to contribute a maacimum of $550.00 per month toward ttte 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. 16.9 This Section shail apply to full time Employees who: 16.9(1) Retire on or after January 1, 1996, and 16.9(2) Were appointed on or after 7anuary l, 1996, and 16.4(3} Have actained age 65 at rerirement, and 169(4) Meet the terms set forth in Sections 16.5 above, and 16.9(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 appiy to eariy retired under the provisions of Section 16.7 when such early retirees attain age 65. 16.10 If an Employee does not meet the condition of Section 16.5{3), but has completed at least ten (10) years of service with the Ciry, 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. 16.11 A retiree may not carry his/her spouse as a dependent if such spouse is also a City retiree or City Employee and eligible for and is enrolled in the City's health insurance program. 16.12 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 ARTICLE 16 - INSURANCE (Continued) `"� t� l�g� 16.13 The conuibutions indicated in this Article 16 shall be paid to the Employer's Third • Party Administrator. 16.14 The Employer wili 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 will 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. 16.15 Empioyees covered by this Agreement shall be eligible to participate in the Dependent Care Reimbursement Account offered by the Employer. The service fee charged to participating Employees shall be paid by the Employer. Survivor Insurance 16.16 The surviving spouse of an Employee carrying family coverage at the time of his/her death due to a job connected injury or illness which was determined to have arisen out of and in the course of his/her employment under worker's compensation law shall continue to be eligible for City contribution in the same proportions as is provided for retired Employees. • In the event of the death of an early retiree or a regular retiree, the dependents of the retiree shail 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 shail cease in the event of: 16.16(1) Subsequent remarriage of the surviving spouse of the deceased Empioyee or retiree. 16.16(2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided hy 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. • 17 q"l - lOgO ARTICLE 17 - CITY MILEAGE 17.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Pau1 • Admuristrative Code, as amended, pertaining to rennbursement of Ciry officers and Employees for the use of their own automobiles in the perfonnance 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 perfomung 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 deternunes that an Employer vehicle is avaitabte for the Empioyee's use but the Employee desires to use his/her own automobile, then the Employee shall be reunbursed 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 automobiie REGiJLARLY 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 automotrile 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 Ciry will provide parking at the Civic Center Parking Ramp for Ciry Employees on either of the above mentioned types of reimbursement plans who are required to have their personai 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 indicaung miles driven and shall file monthly a�davits statmg 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 properry damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the Ciry of Saint Paul named as an additional insured. These rules and regulations, • together with the amendment thereto, shall be maintained on file with the City Clerk. m ARTICLE 18 - SEVERANCE PAY �� `�oo� 18.1 The 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 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 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. 18.2.3 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, the Employee waives ali claims to reinstatement or reemployment (of any type), with the City or with Independent Schooi 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-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 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 tune of his or her death, payment of the severance pay may be made to the Employee's estate or spouse. 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 empioyment, and such transferee shall not be eligible for the • City severance program. 19 a�i lo�o ARTICLE 18 - SEVERANCE PAY (Continued) 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 the specific provisions of this Article conflict with said ordinance and in such cases, the provisions of this Article shall conuol. 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 meeting the qualifications of this Article or Ciry Ordinance No. 11490, as amended by City Ordinance No. 16303, Section l, 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 Employee hired a8er 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 voluntazily separated from City employment or have been subject to separation by layoff or compuisory retirement. Those Employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the Ciry severance pay program. 18.13.2 The Employee must file a waiver of reemployment with the Auman Resource D'uector, which will clearly indicate that by requesung severance pay, the Employee waives all clauns to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 18.13.3 The Employee must have an accumulated balance of at least eighry (80) days of sick leave credits at the time of his separation from service. • 20 ARTICLE 18 - SEVERANCE PAY (Continued) � ��i 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 maacnnum as shown below based on the number of years of service in the Ciry. Years of Service with the City At Least 20 21 22 23 24 25 • 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 Empioyee 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 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 separation of employment, and such uansferee 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 shail 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 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 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 Articie 18. Maximum Severance Pay • 21 Q�1- �Og� ARTICLE 19 - WORKING OUT OF CLASSIFICATION 19.1 Any Employee working an out-of-class assignment for a period in excess of fifteen (15) • working days duzing any fiscal 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 assignment. For purposes of this article, an out-of-class assignment is defined as the full-time performance of all of the significant dudes and responsibilities of a classificauon 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 classificarion. ARTICLE 20 - SICK LEAVE AND PARENTAL LEAVE 20.1 Sick leave shall be eamed and granted in accordance with the Civil Service Rules. 20.2 In the case of a serious iilness or disability of an Employee's child, parent, or household member, the head of the department shalI grant leave with pay in order for the Empioyee to care for or make arrangements for the care of such sick or disabled persons. Such paid leave shall be drawn from the Employee's accumulated sick leave credits. Use of such sick leave shail be limited to 40 hours per incident. 203 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 grandchiid. 20.4 If an Employee has an accumulation of sick leave credits in excess of one hundred and • eighry days, he/she may convert any part of such excess to vacauon at the rate of one-half day's vacation foz each day of sick leave credit. No Employee may convert more than ten (10) days of sick Ieave in each calendar yeaz 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 eligibiliry 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 (I2) months by mutual Agreement between the Employee and the Employer. Refusal on the part of the Employer to grant an extension of such leave shall not be subject to the provisions of Article 6 of this Agreement. Employees who return following such leaves of absence shall be placed in a position of equivalent salary and tenure as the one held just prior to the beginning of their leave. • 22 ARTICLE 20 - SICK LEAVE AND PARENTAL LEAVE (Continued)` t' lO D� 20.6 Leave for School Conferences: An Empioyee 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 prior notice of the leave and make a reasonable effon to schedule the 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-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 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. ARTICLE 21 - NO STRIKE, NO LOCKOUT 21.1 The Association 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. ARTICLE 22 - RIGHT TO SUBCONTRACT 22.1 The Employer may at anytime 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. ARTICLE 23 - DEFERRED COMPENSATION 23.1 Beginning January 1, 1997 Employees who have completed ten (10) years of service shall have $300.00 for Deferred Compensation paid by the Employer on a dollar for doilar match. 23.2 Employees who have compieted twenry (20) years of service shall have $500.00 for Deferred Compensation paid by the Employer on a dollar for dollar match. • 23 • ARTICLE 24 - WAGE SCHEDULE GRADE OlU 481 DISPATCHER 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 19.76 19.86 19.90 2030 20.46 GRADE 02U 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 19.90 20.00 20.04 20.44 20.60 GRADE 04U • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 19.93 20.03 20.07 20.47 20.63 B �Z) 20.67 20.77 20.81 21.23 21.40 GRADE 06U 123A CUSTODIAL SUPV--CIVIC CENTER 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 18.34 18.43 18.47 18.84 18.99 Q�l-l6Ba • 24 � . • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 15.46 15.54 15.57 15.88 16.01 A (1) 1398.54 1405.53 140834 1436.51 1448.00 A (1) 1528.23 1535.87 1538.94 1569.72 1582.28 A (1) 1563.94 1571.76 1574.90 1606.40 1619.25 B �2) 1436.20 144338 1446.27 1475.20 1487.00 B ��) 1571.00 15 78.86 1582.02 1613.66 1626.57 B �2) 1607.90 1615.94 1619.17 1651.55 1664.76 GRADE 08U 212A NIGHT CUSTODIAL SUPV--CC GRADE 030 GRADE 033 304A MARINA SERVICES SUPERVISOR GRADE 034 25 a� -�o�o • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 1589.43 159738 1600.57 1632.58 1645.64 B �2) 1632.21 164037 1643.65 1676.52 1689.93 GRADE 035 338A SENIOR ZOO KEEPER GRADE 036 q� - �ogo 475 FORESTRY SUPERVISOR 208 GOLF COURSE SUPERINTENDENT 076A PARK MAINTENANCE SUPERVISOR 368 PUBLIC WORKS SUPERVISOR I 416 SEWER SUEERVISOR I 172A TRAFFIC MAINTENANCE SUPV I 525A WATER MAINTENANCE SUPERVISOR 528 WATER SERVICE SUPERVISOR 532 WATERSHED SUPERVISOR I 536 ZOO SUPERVISOR • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 1658.15 1666.44 1669.77 1703.17 1716.80 B �2) 1703.15 1711.67 1715.09 174939 176339 CelC7.'1�J�17C� • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 166433 1672.65 1676.00 1709.52 1723.20 B �2) 170936 1717.91 172135 1755.78 1769.83 � • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 1750.25 1759.00 1762.52 1797.77 1812.15 • . . . :, Q� -1080 268A BRIDGE MAINT SUPERVISOR I 230A METER OPERATIONS SUPERVISOR 369 PUBLIC WORKS SUPERVISOR II 809 SEWER SUPERVISOR II 560 SUPV OF GARBAGE COLLECTION 964 VEHICLE MECIIANIC SUPERVISOR I 194 WATER UTILITY MAINS SUPERVISOR 542 WATERSHED SUPERVISOR II B �2) 1800.49 1809.49 1813.11 184937 1864.16 GRADE 039 173 EQUIPMENT MAINT SUPERVISOR • 12-21-96 07-19-97 12-20-9'7 02-28-98 10-24-98 A (1) 1795.04 1804.02 1807.63 1843.78 1858.53 B �2) 1845.28 1854.51 1858.22 189538 1910.54 GRADE 040 103 FORESTRY SUPERVISOR II 620 TRAFFIC MAINTENANCE SUPV II 394A VEHICLE MECHANIC SUPERVISOR II 557A WATER PLANT PRODUCTION SUPV PARK MAINTENANCE SUPERVISOR II r� L 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 1852.89 1862.15 1865.87 1903.19 1918.42 B �2) 1909.36 1918.91 1922.75 196121 1976.90 27 • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 190936 1918.91 1922.75 I96I.21 1976.90 GRADE 041 269A BRIDGE MAINT SUPERVISOR II 233A BUILD MAINT SUPV-LIBRARIES 622 PUBLIC WORKS SUPERVISOR III 623 SEWER SUPERVISOR III B �2) 1963.82 1973.64 1977.59 2017.I4 2033.28 GRADE 043 • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 2017.20 2027.29 203134 2071.97 2088.55 079 BUILD MATNT SUPV--FIRE DEPT B �2) 2075.79 2086.17 209034 2132.15 2149.21 GRADE 044 � �•` 624 PUBLIC WORKS FIELD SUPERVISOR 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 2078.98 208937 2093.55 2135.42 2152.50 B �Z) 2140.74 2151.44 2155.74 2198.85 2216.44 Ct7:7_\�l�Il � . 680 BUILD MAINT SUPV--PARKS & REC C� 12-21-96 Q7-19-97 12-20-97 02-28-98 10-24-98 A (1) 2141.76 2152.47 2156.77 2199.91 2217.51 B {2) 2205.63 2216.66 2221.09 2265.51 2283.63 m r� �i C� �� ARTICLE 25 - TERMS OF AGREEMENT `�� - �d�C� 25.1 This Agreement shall be effective as of January 1, 1997, and shall continue in effect through December 31, 1998. 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 Director of Labor Relations, 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 negofiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the tarms and conditions of employment. The Agreements and understandings reached by the parties after the exercise of this right aze fully and completely set forth in this Agreement. Any and all prior Agreements, resolutions, practices, policy or rules or regulations regazding the terms and conditions of employment to the extent they are inconsistent with this Agreement aze hereby superseded. CITY OF SAINT PAUL �%�� _ Mary . Kearney Director of Labor Relations s-�s- Date THE SAINT PAUL MANUAL AND MAINTENANCE SUPERVISORS ASSOCIATION ��C�r2c.G��`'� Daniel Palumbo President �/�/� � Date 29 Council File # �� RESOLUTION Presented Referred To Green Sheet # 40163 Committee Date 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 1997-1998 Labor Agreement between the City of Saint Paul and The Saint Paul Manual & Maintenance 3 Supervisors Association. Requested by Deparnnent oG O�ce oFLabor Relations Adoption Certified by Council Secretary � Appi � B ""�" - "� Form Appro e o Y By: � � b ��/Lu-2 �' zD -�l 7 Approve by Ma x r Submissi Council BY� � i Adopted by Council: Date ��__�q� � ` , DEP.4RTp1E\T/OFFICE/COCVCIL DATE INITIATED GREEN SHEET No.: 40163 LABOR RELATIONS 08-19-97 � � - � o ` � C0�7ACTPERSOV $ PNO�E- I�I71wLUATE [N171AllDaTE NLIE KRAUS 266-6513 Assic*: 1 DEPARTMENT DI �� a cirv cour,c�L 'il'�!.18ER 2 CITY ATt'ORNEY CI7Y CLERf: �fUST BE O� COl"\C[L AGE\DA Bl' (DATE) FOR BUI7GET DIA. FIN. & MGT. SEAVICE DiR. ROITING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIG\qTl'RE PACES I (CLIP ALL LOCATIONS FOR S1G\ATURE) ncno� aeQresren. This resolution approves the attached 1497-1998 Labor Agreement between the City of Saint Paul and The Saint Paul Manual & Maintenance Supervisors Association. RECOMMENDA?101:5: Approve (A) or Rejett (R) PERSONAL SERVICE COlV7'RACTS ML'ST ANSWER THE FOLLOR'ING QUESTIONS: PLANNING COMMISSION _CIVIL SERVICE COMMISSION 1. Haa this persor✓fian ever worked under a wntract for this department? CIB COMMITI'EE Yes No STAFF 2. Has this penon/fimi ever been a city employee? _DISTRICT COURT Yes No SUPPORTS WHICH COL7JCIL OBIECTNE? 3. Does this person/firtn possess a skill noi normalty possessed by any curtent city employee? Yes No Explain all yes answers on separate sheet and attach fo green s6eei INI1'IATING PROBLEM, ISSL'E, OPPORTUNITY (Who, What, When, Where, W6y): � �'�F�' e....y._. �:i �,�t�� ,�� t�� ADVAN7'AGESIFAPPRO�'ED: -- "�—� --. - "'"�'—.�..._---�� AUG 2� ig97 DISAD�'ANTAGESIFAPPROVED: rY �gg�"a'� � �� g DISADVANTAGES IF NOT APPROVED: TOTAL AD70UNT OF TRANSACTIOti: COST/REVENUE BUDGETED: FF,'!CDING SOLiRCE: ACI'IVITY NUMBER: FINANC1.41 I'�FOR\fATIO\: (ERPLAIN) Lr�' Attachment to Green Sheet City of St. Paul Offer for Settlement of M&M 1997 Contract 1. 2. 3. 4. 5. Article 1 - Recognition (Clarification) Update language with title changes as approved by the City Council. Article 7.4 - Grievance Procedure (New - between Step 3 and Step 4) Creates an Optional Mediation Step as part of the grievance process. a'� - to�o Article 7.6 - Waiver Grievances shall be considered waived if not presented within one month of occurrence or if azbitration has not been requested within two months. Also allows the Union to appeal to the next step if the Employer does not answer a grievance within the specified time limits. Article 9.8 - Seniority (New) Creates bumping rights for employees, if the Tri-Council agrees to similar language in their contract. Article 13.1 - Uniforms Changes language in this article, to allow the employer to provide uniforms, with the employee responsible for maintaining the uniform. 6. Article 13.3 - Safety Shoes The Employer agrees to pay $50 per year (no change from 1996) for safety shoes. Employees may accrue $150.00 for the purchase of shoes or boots. 7. Article 16.2 - Health Insurance 8. 9. 1996 - Cunent benefit 1997 1998 Single $180.91 Single $191.40 Single Actual Cost Family $336.41 Family $349.85 Family $349.85 + 50% of increase Article 16.6(3) - Retiree Health Insurance Employment with Schooi District #625 wili not be counted toward the 20 year service requirement for employees hired after 011O1(97 toward years of service for retiree health eligibility. Article 19.1 - Working out of Classification Allows for out-of-title pay after 15 days working in higher title. 10. Article 23 - Aeferred Compensation Reduces eligibility for $300 defened compensation match from 15 yeazs to 10 years. No change for employees with twenty (20) yeazs of service. 11. Article 24 - Wages: 12. Memo of understanding: 01/01f47 2.0% 03/01/98 2.0% 08/O1/97 0.5% 11/01/98 0.8% 12/31/97 0.2% 1997 2.7% 199$ 2.8% Upgrade Forestry Supervisor II from grade 38 to grade 40. Create Park Maintenance Supervisor II in grade 40. q'1-1�8� MEMORANDUM OF UNDERSTAI�DING BETWEEN THE CITY OF SAINT PAUL AND THE SAINT PAUL MANUAL AND MAINTENANCE SUPERVISORS ASSOCIATION I. Effective June 21, 1997, the position of Forestry Supervisor II will be "unstarred" and moved from Grade 38 to Grade 40 of the Manual and Maintenance Supervisors Association. Effective June 21, 1997, James Layer will be realiocated to the position of Forestry Supervisor II. The muumum requirements far Forestry Supervisor II will include a Commercial Drivers License (CDL). The City agrees that the job specification, including the CDL requirement, shall be reviewed at the time the incumbent is repiaced. Backpay shall be retroactive to June 21, 1997. II. Effective June 21, 1997, the position of Park Maintenance Supervisor TI will be created in Grade 40 of the Manuai and Maintenance Supervisors Association and the classification Pazk Maintenance Supervisor shall become Pazk Maintenance Supervisor I. The following persons shall be reallocated to the position of Park Maintenance Supervisor II. Thomas Knutson Cyril Kosel, Jr. Richard Lallier Backpay shall be retroactive to June 21, 1997. III. As of the date of signing of this Memorandum, the following six (6) employees were employed in the classification of Park Maintenance Supervisor: Thomas Knutson Cyril Kosel, Jr. Richard Lallier Frank Saete Fredrick Voss Richard Wiener Notwithstanding Article 9.4 of the Collective Bazgaining Agreement, in the event it is determined by the Employer that it is necessary to reduce the work force in either of the titles of Puk Maintenance Supervisor I or Park Maintenance Supervisor II, employees will be laid off based on inverse length of their total seniority in either of the two classifications, regazdless of the classification in which they are currently working. This method of determining seniority shall expire August 1, 2000, after which, the regular seniarity/layoff provision of the contract will apply. City of Saint Paul n Mary Keamey Director of Labor Relations �-��-5� Date F:\LABREL\CONTR4CT\MMSUPVRY\1997 98\MOU2. The Saint Paul Manual and Maintenance Supervisors Association ��Q�� Daniel Palumbo President �/ �1�� Dat� � r � ' , g ..� - �' ' r t � ��-� �� , , - 1 � , ' - 199'T 1918 , - ; - - _ � =- : - _ : ; ,. < , �.. � i:A�dR .AG�ZE�N�E� ; _ __ , B�TWEEN y � � ` THE ; G�TY 4�' �A � �AUI1 ; r� �; � � _ � � h ) 1 T J t tu � ... - .a < �._o. _, . . . . ..e.�_ .. ...� .. ' . ... ... . . . . ... . .: . .+ v .c.�. . ...,,� /: � (''� T � �;'. � �.Jf��y-�'�^ � } � ` $ 5 -- x r � 3/ k ? n � � .� j . .' �;":- s s ;�,. � +��: � T t. V��1�� • � - �y' s � � � 5 {4 r: i a �. - _ - �.:k-,.�; c y � µ S < D F �� 1 - . >J ( e _ s _ w . �� ' _ �. _ q� - �og0 C� INDEX ARTICLE TITLE PAGE 1 Purpose of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Maintenance of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Employer Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Empioyer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Association Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Employee Rights-Grievance Procedure . . . . . . . . . . . . . . . . . . . . . 4 8 Savings Ciause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 Constitutional Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 Overtime and Premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 13 Uniforms .......................................11 14 Vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 • 15 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 16 Insurance ....................................... 13 17 City Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 18 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 19 Working Out of Classification . . . . . . . . . . . . . . . . . . . . . . . . . . 22 20 Sick Leave and Parental Leave . . . . . . . . . . . . . . . . . . . . . . . . . 22 • 21 No Strike, No Lockout . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 22 Right to Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 23 Deferred Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 2s� Wage Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 25 Terms of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 , � .�. ARTICLE 1- PURPOSE OF AGREEMENT � i.l This Agreement is entered into between the City of Saint Paul, hereinafter called the Empioyer, and the St. Paul Manual and Maintenance Supervisors Association, hereinafter called the Association. 1.1.1 Assure sound and mutually beneficiai worldng and economic relationships between the parties hereto; 1.1.2 Establish procedures for the resolution of disputes concerning this Agreement'S interpretation 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 Empioyer 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. ARTICLE 2 - RECOGivITION 2.1 The Employer recognizes the Association as the exciusive representative, under the Public Employment Iabor Relations Act of 1984, as amended, for all personnel in the following classifications: • All manual maintenance supervisors in the ciassification 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, Custodiai Supervisor--Civic Center, Custodian Engineer (Pubiic 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 5upervisor I, Park Maintenance Supervisor II, Public Works Field Supervisor, Public Works Sugervisor 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 Coilection, Supervisor of Water Production Maintenance, Traffic Maintenance Supervisor I, Traffic Maintenance Supervisor II, Vehicle Mechanic Supervisor I, Vehicle Mechanic Supervisor II, 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) 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. . � i!1 ARTICLE 2 - RECOGIVITION (Continued) 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. Ii is understood that this provision shall refer to the Bureau of Mediation Services only such issues as by law aze under its jurisdiction. 23 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 collecrively which in any way conflicts with the terms and conditions of this Agreement, except through the certified representarive. 2.4 Neither tke Association nor the Empioyer shaIl discriminate against any Employee because of Association membership or non-membership, or because of his/her race, color, sex, religion, national origin, or political opinion or affiliations. 2.5 All existing Civil Service Rules shall appiy except those superseded by this Agreement. ARTICLE 3- MAINTENANCE OF STANDARDS 3.1 The City agrees that all conditions of empioyment relating to wages, hours of work, overtime differentials, vacations and general working conditions shall be maintained at not less than the highesz minimum standard as set forth in the Czvil Service Rutes 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 improvement are made elsewhere in this Agreement. 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 interrupuon of or interference with the normal functions of the Employer. ARTTCLE 5 - EMPLOYER AUTFIORITY 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 authoriues. 5.2 Any terms and conditions of employment not specifically established or modifed by this Agreement shall remain solely within the discrerion of the Employer to modify, establish, or eIiminate. 2 • ARTICLE 5- EMPLOYER AIJTAORITY (Continued) a� '�o�Q 5.3 The exercise by the Employer of, or its waiver of, or iu 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 Empioyer, nor the subject or basis of any grievance not admissible in any azbitration proceeding. 5.4 A public Employer is not required to meet and negotiate on matters of inherent managerial policy which include, but are not Innited 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. 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 alternates and shali inform the 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 shali be limited and co�ned to numbers and locations as aze necessary and reasonable to admuuster 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 }udgments hrought or issued against tt�e 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 Empioyer's premises and without loss of pay the Association stewards shall be allowed to post official Association notices of the designated representatives, to uansmit communications authorized by the Association or its officers under the terms of this conuact, 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. • 3 q� - �og0 ARTICLE 6 - ASSOCIATION SECURITY (Continued) 6.7 Any present or future Employee who is not an Association member may be reguired to conuibute 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 sha11 the required contribuuon 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 specifically provided by Minnesota law, and as otherwise legal. It is also understood that the Association agrees to indemnify and hoid the Employer harmless against any and atl claims, suits, orders or judgments brought or issued against the Ciry as a result of any action taken or not taken by the City under the provisions of this section. ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7.1 Defuution of a Grievance - A grievance is defined as a dispute or Disagreement as to the interpretation or applicauon of the specific terms and conditions of this Agreement. 7.2 Associarion 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 Empioyer in writing of the names of such Association representatives and of their successors when so designated as provided by 6.2 of this Agreement. • 73 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 durittg normal working hours only when consistent with such Empioyee 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 notifed 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. 4 • ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE • (Continued) q� -1 a�o 7.4 Procedure - Grievances, as defined by Section 7.1, shall be resolved in conformance with the following procedure: Step 1. An Empioyee claiming a violation concerning the interpretation or appiication of this Agreement shall, within one month after such alleged violation has occuned, 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 shali 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 l. Any grievance not appealed in 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 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 resoived 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. Step 3. If appealed, the written grievance shail be presented by the Association and discussed with the Bmployer-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 resoived in Step 3 may be appealed to Step 4 within ten (10) calendar days foliowing the Employer-designated representative's final answer in Step 3. C� a�, ARTICLE 7 - �o�o -EMPLOYEE (Continued) RIGHTS - GRIEVANCE PROCEDURE Optional Mediation Step I. If the grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendar days, request mediation. If both parties agree that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota $ureau of Mediation Services for the assignment of a mediator. 2. Grievance mediation is an optional and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to azbitration shaII be delayed for the period of inediation. Either party may at any time opt out of inediation at which time, the Union may then proceed to arbitration. � 5. � 3. The grievance mediarion process shall be informal. Rules of evidence shall not apply, and no record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and azgument to support their case. The mediator may meet with the parties in joint session or in sepazate caucuses. At the request of both parties, the mediator may issue an oral tecommendation for settlement. Uniess the parties agree otherwise, the outcome shall not be precedential. If the grievance is not resolved and is subsequently moved to azbitration, such proceeding shall be de novo, in that, nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resoIution or offers of settlement may be used or referred to during azbitration. 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. � C� 6 • ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continued) • 7.5 Arbitrator's Authority - � `i� 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 Employer and the Association, and shail 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 arbivator's decision shall be submitted in writing within thir[y (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 Empioyer and the Association and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts ofthe grievance presented. C. The fees and expenses for the arbitrator's services and proceedings shaii be borne equaily by the Employer and the Association provided that each party shall be responsible for compensating its own representatives and witnesses. If • either parry 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 equaliy. 7.6 If a grievance is (1) not presented within one month of its occurrence by the employee as described in Step 1, or (2) arbitration has not been requested by the Association within two months of the Association's filing of its written grievance in Step 2, it shall be considered "waived". 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 the step and immediately appeal 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 Empioyer 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 detemuned 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. • a�l -10�d� 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 parry. AIl other provisions of This Agreement shall continue in full force and effect. ARTICLE 9 - SElVIORITY 9.1 Seniority, for the purpose of this Agreement, shall be defined as follows: A. "City Seniority" - The length of continuous, regular and probationary service with the Employer from the last date of employment in any and all class tiUes. B. "Class Seniority" - The length of continuous, regular and probationary service with the Empioyer from the date an Employee was first certified and appointed to a class title covered by this Agreement, it being furtlter understood that class seniority is confined to the cunent 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 iilness or injury; is granted to aliow an Employee to accept an appointrnent 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 shali expire after � years of layoff. In cases where there are promotionai series, such as S�pervisor I, Supervisor II, Supervisor III, etc., when the number of Employees in these higher titles is to be reduced, Employees who have held lower tides which are in this bargaining unit will be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. 8 • ARTICLE 9 - SENIORITY (Continued) a� - �oBo 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 previousiy certified and appointed in said lower-paid class tifle. 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 assignments shall be subject to the ability of the Employer to maintain operations. 9.6 Promotions shali be handied in accordance with current Civil Service Rules and practices. 9.7 The Empioyer shall post a seniority list at least once every six (6) months. 9.8 If the Employee to be laid off as a result of Article 9.4 above is in a title in a promotional series and has held lower titles in the series in this or any other bargaining unit, such Employee will be offered a reduction to the highest of these titles within the department to which classification seniority as defined in Article 9.1 above would keep them from being laid of£ This Article 9.8 shall not be effective until and unless The Tri-Council � Local 120 - Local 49 and Local 132 collective bazgaining agreement has conesponding language. Until such conesponding language is included in such bazgaining agreements, the provisions of this Article 9.8 shall be applicable only to the extent that such reductions may be offered only to previously held lower titles within the department in the series which are in this bargaining unit. L� a�l - lQ�� ARTICLE 10 - DISCIPLINE 10.1 The Employer will discipline Employees for just cause only. Discipline wili be in the form of: a) Oral reprimand; b) Written reptimand; c) Suspension; d) Reduction; e) Discharge. 10.2 103 Suspensions, reductions and discharges will be in written form. 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 exanuned at reasonable times under the d'uect supervision of the Empfoyer. No documents concerning work evaluation or discipline of an Employee wiil be placed in the Employee's personnei file unless it contains the signature of the Emgloyee acknowledging the Employee's receipt of the document prior to placing it in the file. 10.5 Dischazges 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 uritiated 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 discipiinary action shall have the right to request that a Association representative be present. ARTICLE 11 - CONSTITUTIONAL PROTECTION 11.1 Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. • . 10 • ARTICLE 12 - OVERTIlVIE AND PREMIUMS q� -�0�0 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 rhe 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. � LJ . 12.3 An Employee who is called back to work following the completion of his/her regular work day shaii be guaranteed four (4) hours pay at his/her regular straight tune rate. 12.4 Ma}or holidays, for the purpose of ffiis 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 inc]ude the following: Martin Luther King Day, Presidents' Day, Veterans' Day, and the Day aHer Thanksgiving. An Employee working a major holiday as defined herein shall receave 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 overtime 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 eariier 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. ARTICLE 13 - LTNIFORMS 13.1 The Employer agrees that if any Employee is required to wear any kind of uniform or safety equipment as a condition of continued employment, such uniform and/or equipment shail be furnished 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 safery equipment provided pursuant to this Article, damaged in the line of duty, shall be replaced by the Employer, provided that said damage is not attributabie to the negligence or other improper act of the Employee. 11 a� -�o�o ARTICLE 13 - iJNIFORMS (Continued) 13.3 The Employer agrees to pay $50.00 per year for safety shoes purchased by an • Employee who is a member of this unit. The Employer shali only contribute toward the cost of one pair of shoes per contract year. This reimbursement shail be made only after investigation and approval by the unmediate supervisor of that Employee. This Employer conuibution shall apply only to those Employees who are required by the Employer to wear protective shoes or boots. Employees may accrue $150.00 for the purchase of shoes. ARTICLE 14 - VACATION 14.1 In each calendar year, each fu12-iime Employee shall be granted vacation according to the foliowing schedule: Years of Service 0 thru 4th year Sth year thru 9th year lOth yearthru 15th year 16th year thru 23rd year 24th tear and thereafter Vacation Granted IO days 17 days 19 days 24 days 26 days 14.2 Empioyees who work less than full-time shall be granted vacation on a pro rata basis. 14.3 The head of the depariment may pernut 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 pnrposes of this Article 14, years of service shall be defined as the niunber of years since the Employee's date of appointment. This shall not include years of service prior to a resignation. • • 12 • • • ARTICLE 15 - HOLIDAYS a� - �0�� 15.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Years Day Martin Luther King Day Presidents' Day Memoriai 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 fail 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. Tn 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 Empioyees not heretofore eligible shall receive holiday pay. 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 contracts negotiated by the Employer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by the benefit providers. However, the Employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. 16.2 Effective January 1, 1997, for each eligible Employee covered by this Agreement who is employed full-tirne and who selects Employee insurance coverage, the Employer agrees to contribute $191.40 toward the cost of singie health insurance premium. Effective January 1,1997, for each eligible full-time Empioyee who selects family health insurance coverage, the Employer will contribute the cost of such family coverage, or $349.85 per month, whichever is less. 13 �� o�o ARTICLE 16 - INSURANCE (Continued) Effective 7anuary 1,1998, for each eligible Employee covered by this Agreement who is employed full-tune and who selects Employee insurance coverage, the Employer agrees to contribute the fuIl cost of the single health insurance premium. Effective January 1, 1998, the Employer's contribution toward family insurance coverage shown above for 1997 shali be adjusted to reflect an increase of fifty percent (50%) of the largest 1998 premium increase for family health insurance coverage provided by ttie Employer. 16.3 For each etigible Empioyee the Employer agrees to contribate the cost of $5,0001ife insurance coverage. 16.4 In addition to the $5,000 Life Insurance Coverage in 163 the Employer agrees to contribute the cost of addiuonal Life Coverage or $0.59 per thousand dollars of coverage per month, whichever amount is less. The totai amount of Life Insurance Coverage provided under this Section and Section 16.3 for each Employee shall be equal to the EmpIoyee's annual salary to the nearest fuIl thousand dotlars. For the purpose of this section, the Employee's annual salary shall be based on the salary as of the beginning of a conuact period. This conuibution 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 time of retirement in order to be eligible for the Employer contributions, listed in Sections 16.6 through 16.16 below, toward a health insurance plan offered by the Employer: 16.5(1) Be receiving benefits from a public Employee retirement act at the tune of retirement, and 16.5(2) Have severed his/her relationship with the Ciry of Saint Paul for reasons other than misconduct, and 16.5(3) I3ave completed at least 20 years service with the City of St. Paul. Employment u�ith School District #625 will not be counted toward the service requirement for Employees hired after O1/Oi/97 towazd years of service for retiree health eligibility. • � � 14 ARTICLE 16 - INSURANCE (Continued) Early Retirees • • • 16.6 This Section shall apply to full time Employees who: 16.7 16.6(1) Retire on or after January 1, 1996, and 16.6(2) Were appointed on or before December 31, 1995, and 16.6(3) Have not attained age 65 at retirement, and 16.6(4) Meet the terms set forth in Section 16.5 above, and 16.6(5) Select a health insurance plan offered by the Employer. � ! �� Until such Employees reach sixty-five (65) years of age, ihe Employer agrees that for retirees selecting single coverage, the Employer will provide the same contribution as is provided for active Employees selecting single coverage under this Agreement. This amount, however, shall not exceed $350.00 per month. For Employees selecting family heaith insurance coverage, the Employer will contribute $350.00 per month toward the premium for famiiy 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 $S,OOO life insurance until the retiree attains ihe age of 65. When such eariy retiree attains age 65, the provisions of Section 16.8 shail apply. This Section shall apply to full tune Employees who: 16.7(i) 16.7(2) 16.7(3) 16.7(4) 16.7(5) Retire on or after January 1, 1996, and Were appointed on or after January 1, 1996, and Have not attained age 65 at retirement, and Meet the conditions set forth in Section 16.5 above, and Select a health insurance plan offered by the Employer. Until such retirees reach sixty-five (65) years of age, the Empioyer agrees to contribute a m�nnum 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 unul the retiree attains the age of 65. When such early retiree attains age 65, the provisions of Section 16.9 shall apply. Upon such retiree reaching the age of sixry-five (65), such Empioyer contribuuons toward such early retiree coverages shall terminate. The Employer wall 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 which time the life insurance coverage shall terminate. 15 q� � l�gd ARTICLE 16 - INSURANCE (Continued) Regular Retirees (Age 65 and over) 16.8 This Section shail apply to full time Employees who: 16.8(1) Retire on or after January 1, 1996, and 16.8(2) Were appointed on or before January 1, 1996, and 16.8(3) Have attained age 65 at retirement, and 16.8(4) Meet the terms set forth in Section 16.5 above, and 16.8(5) Select a health insurance plan offered by the Employer. The Employer agrees to contribute a masimum of $550.00 per month toward the premium for single or family health insurance coverage offered by the Employer to regutar retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Section shall atso apply to eariy retirees who retired under the provisions of Section 16.6 when such early retirees attain age 65. 16.9 This Section shall apply to fuil time Employees who: 16.9(1) Retire on or after January 1, 1996, and 169(2) Were appointed on or after 7anuary 1, 1996, and 16.9(3) Have attained age 65 at retirement, and 16.9(4) Meet the terms set forth in Sections 16.5 above, and 16.9(5) Select a health insurance plan offered by the Employer. The Employer agrees to coniribute a masimum 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 aiso apply to early retired under the provisions of Section 16.7 when such early retirees attain age 65. 16.10 If an Employee does not meet the condition of Section 16.5(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. 16.11 A retiree may not carry his/her spouse as a dependent if such spouse is also a Ciry retiree or City Employee and eligible for and is enrolled in the City's health insurance program. 16.12 Any cost of any premium for any Ciry-offered Employee or family insurance coverage in excess of the dollar amounts stated in this Article 16 shall be paid by the Employee. n LJ • r1 LJ 16 ARTICLE 16 - INSURANCE (Continued) a� - rogo 16.13 The contributions indicated in this Article 16 shali be paid to the Employer's Third • Party Admuustrator. 16.14 The Employer will provide a system whereby the Employee's conuibution toward premiums for the Empioyee selected health insurance coverages can be paid on a pre- tax basis. Employees covered by this Agreement will be eligible to participate in the Flexible Spending Account as offered by the Employer. The service fee charged to participating Employees shail be paid by the Empioyer. 16.15 Employees covered by this Agreement shail be eligible to participate in the Dependent Care Reimbursement Account offered by the Employer. The service fee charged to participating Empioyees shali be paid by the Employer. Survivor Insurance 16.16 The surviving spouse of an Employee carrying family coverage at the time of hislher death due to a job connected injury or illness which was determined to have arisen out of and in the course of his/her employment under worker's compensation law shall continue to be eligible for City contribution in the same proportions as is provided for retired Employees. • In the event of the death of an early retiree or a regular retiree, the dependents of the retiree shall have the option, within thirty (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the premium and Employer cantribution accorded to the eligibie deceased retiree. It is further understood that coverage shall cease in the event of: 16.16(1) Subsequent remarriage of the surviving spouse of the deceased Employee or retiree. 16.16(2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. � 17 a� - �ogo ARTICLE 17 - CITY MII.EAGE 17.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Adminisuative Code, as amended, pertaining to reunbursement of City officers and Employees for the use of their own automobiles in the performance of their duties, the following provisions are adopred. 17.2 Method of Computation: To be eligible for such reimbursement, all officers and EmpIoyees 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 reunbursed at the rate of $3.00 per day for each day the Employee's vehicie is actually used in performing the duties of the Employee's position. In addition, the Employee shatl 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 TtEGULARLY during employment, the Employee shail 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 EmpIoyee desires to use hisfher own automobile, then the Employee shall be reunbursed at the rate of $.15 ger mile driven and shall not be eligible for any per diem. 173 The Ciry wiil provide parking at the Civic Center Parking Ramp for City Employees on either of the above meniioned 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 repor[s indicating miles driven and shall file monthly a�davits stating the number of days worked and the number of miles driven, and further require that they maintain aucomobile liabiliry insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the City Clerk. • • � U I�'.3 ARTICLE 18 - SEVERANCE PAY L�� _�� 18.1 The Employer shall provide a severance pay program as set for[h 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 or older or must be eligible for pension under the "rule of 85" or "rule af 90" provisions of the Pubiic 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 compulsory retirement. Those Employees who are discharged for cause, misconduct, ine�ciency, incompetency, or any other disciplinary reason aze 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 unciassified 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 ciearly indicate that by requesting severance pay, the Employee waives all clauns to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. • 18.2.5 The Empioyee 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-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 maxunum 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 separation of employment, and if the Employee would have met all of ffie requirements set forth above at the tune of his or her death, payment of the severance pay may be made to the Employee's estate or spouse. 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. • 19 q� - ��d ARTICLE 18 - SEVERANCE PAY (Con�inued) 18.7 The manner of gayment of such severance pay shalt be made in accordance with the provisions of City Ordinance No. 11490. 18.8 This severance pay program shali be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this Article confiict with said ordinance and in such cases, tiie provisions of this Article shall control. 18.9 The provisions of this Article shall be effective December 31, 1984. 18.I0 Any Employee hired prior to December 31, I982, may, in any event, and upon meeting the qualifications of this ArticIe or City Ordinance No. 11490, as amended by City Ordinance No. 16303, Section 1, Section 6, draw severance pay. Aowever, 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 Employee hired after December 31, 1984, shall only be entitled to the benefits of this article upon meeting the qualifications herein. 18.11 For Empioyees regularly appointed to a title covered by this Agreement on or after January l, 1990, the Employer shall provide only the severance pay program as set forth in 18.12 through 18.18. I8.12 The Employer shalI 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 canse, misconduct, ine�ciency, 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 will cleariy indicate that by reqaesting severance pay, the Emplayee waives all claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 18.13.3 The Employee must have an accumulated baIance of at teast eighty (80) days of sick leave credits at the time of lus separation from service. • . • ►[I�] A.RTICLE 18 - SEVERANCE PAY (Continued) q�l - [08d I8.14 If an Employee requests severance pay and if the Employee meets the eligibility • requirements set forth above, he or she wili 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 maYimum as shown below based on the number of years of service in the Ciry_ Years of Service with the City At Least 20 21 22 23 24 25 �'� � . �� : 111 ' 11 1 It1 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 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. 18.17 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, ihe provisions of this Article shall control. 18.19 Notwithstanding Article 18.11, Employees regularly appointed to a title covered by this Agreement prior to 7anuary 1, 1940, 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 election by an Employee to draw severance pay under 18.13 through 18.14 shali constitute a bar to drawing severance pay under any other provisions set forth in this Article 18. Masimum Severance Pay � 21 a� - lo�o ARTICLE 19 - WORKING OUT O� CLASSIFICATION 19.1 Any Employee woridng an out-of-class assignment for a period in excess of fifteen (15) working days during any fiscal 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 assignment. For purposes of this article, an out-of-class assignment is defined as the full-time performance of ali of the significant duries 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 shai2 be the same rate the Employee would receive if he was promoted to the higher classification. ARTICLE 20 - SICK LEAVE AND PARENTAL LEAVE 20.1 Sick leave shall be earne@ and granted in accordance witiz the Civil Service Rules. 20.2 In the case of a serious illness or disability of an Employee's child, parent, or househoid member, the head of the department shalI grant leave with pay in order for the Employee to care for or make arrangements for the care of such sick or disabled persons. Such paid leave shall be drawn from the Employee's accumulated sick leave credits. Use of such sick leave shall be limited to 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 Parentai 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 maaner as any other disabted or ill Ciry Employee. Sach paid sick leave etigibiliry shail 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 posiuon. 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 tweive (12) months by mutual Agreement between the Employee and the Employer. Refusal on the part of the Employer to grant an extension of such leave shall not be subject to the provisions of Article 6 of this Agreement. Employees who return foliowing such leaves of absence shall be placed in a position of equivalent salary and tenure as the one held }ust prior to the beginning of their leave. • C� • 22 ARTICLE 20 - SICK LEAVE AND PARENTAL LEAVE (Continue�) � 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 ciassroom activities related to the Employee's chiid, 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 prior notice of the leave and make a reasonable effort to schedule the leave so as not to unduly disrupt the operations of the Employer. An Empioyee shall be allowed to use vacation or compensatory time for this leave; otherwise, this leave shali 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 without pay for up to 480 hours per fiscal year. During such leave of absence, the Employee shall 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. ARTICLE 21 - NO STRIKE, NO LOCKOUT 21.1 The Association 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 all possible means of peaceful settiement of any controversy that may arise. ARTICLE 22 - RIGHT TO SUBCONTRACT 22.1 The Empioyer may at anytime 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 shail give the Association a ninety (90) calendar day notice of the intention to subcontract. ARTICLE 23 - DEFERRED COMPENSATION 23.1 Beginning January 1, 1997 Employees who have completed ten (10) years of service shall have $300.00 for Deferred Compensation paid by the Employer on a dollar for dollar match. 23.2 Empioyees who have completed twenty (20) years of service shail have $500.00 for Defened Compensation paid by the Employer on a dollar for doliar match. • 23 ARTICLE 24 - WAGE SCHEDULE GRADE OlU • 481 DISPATCHER 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 19.76 19.86 19.90 2030 20.46 GRADE02U 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 19.90 20.00 20.Q4 20.44 20.60 GRADE 04U n U 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 19.93 20.03 20.07 20.47 20.63 B �Z) 20.67 20.77 20.81 21.23 21.40 C�RADE Q6U � �� 123A CUSTODIAL SUPV--CIVIC CENTER 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 1834 18.43 18.47 18.84 18.99 • 24 � • � , J 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 15.46 15.54 15.5 7 15.88 16.01 A (1) 1398.54 1405.53 140834 1436.51 1448.00 A (1) 1528.23 1535.87 1538.94 1569.72 1582.28 A (1) 1563.94 1571.76 1574.90 1606.40 1619.25 B (2) 1436.20 ]443.38 1446.27 1475.20 1487.00 B �2) 1571.00 1578.86 1582.02 1613.66 1626.57 B �2) 1607.90 1615.94 1619.17 1651.55 1664.76 GRADE 08U 212A NIGHT CUSTODIAL SUPV--CC GRADE 030 GRADE 033 304A MARINA SERVICES SUPERVISOR GRADE 034 25 a� - �o�o � 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 1589.43 159738 1600.57 1632.58 1645.64 B (2) 1632.21 164037 1643.65 1676.52 1689.93 GRADE 035 338A SEI3IOR ZOO KEEPER GRADE 036 � �:/ 475 FORESTRY SUPERVISOR 208 GOLF COURSE SUPERINTENDENT 076A PARK MAINTENANCE SUPERVISOR 368 PUBLIC WORKS SUPERVISOR I 416 SEWER SUEERVISOR I 172A TRAFFIC MAINTENANCE SUPV I 525A WATER MAINTENANCE SUPERVISOR 528 WATER SERVICE SUPERVISOR 532 WATERSHED SUPERVISOR I 536 ZOO SUPERVISOR • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 165815 1666.44 1 bb9.77 1703.17 1716.80 B �2) 1703.15 1711.67 1715.09 1749.39 176339 GRADE 037 � 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1} 166433 1672.65 1676.00 1709.52 1723.20 B �2) 170936 1717.91 172135 1755.78 1769.83 � a� - �o�o ... , : • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (i) 1750.25 1759.00 1762.52 1797.77 1812.15 268A BRIDGE MAINT SUPERVISOR I 230A METER OPERATIONS SUPERVISOR 369 PUBLIC WORKS SUPERVISOR II 809 SEWER SUPERVISOI2II 560 SUPV OF GAIZBAGE COLLECTION 964 VEHICLE MECIIAI3IC SUPERVISOR I 194 WATER UTILITY MAINS SUPERVISOR 542 WATERSHED SUPERVISOR II B �2) I 800.49 1809.49 1813.11 184937 1864.16 GRADE 039 173 EQUIPMENT MAINT SUPERVISOR i 12-21-96 07-19-47 12-20-97 02-28-98 10-24-98 A ��> 1795.04 1804.02 1807.63 1843.78 1858.53 B �z� 1845.28 1854.51 1858.22 189538 1910.54 GRADE 040 103 FORESTRY SUPERVISOR II 620 TRAFFIC MATNTENANCE SUPV II 394A VEHICLE MECHANIC SUPERVISOR II 557A WATER PLANT PRODUCTION SUPV PARK MAINTENANCB Si3PERVISOR II • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 1852.89 1862.15 1865.87 1903.19 1918.42 B �2) 190936 191891 1922.75 1961.21 1976.90 27 • • • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 190936 1918.91 1922.75 1961.21 1976.94 A (1) 2017.20 2027.29 203134 2071.97 2088.55 A (1) 2078.98 2089.37 2093.55 2I35.42 2152.50 A (1) 2141.76 2152.47 2156.77 2199.91 2217.51 GRADE 041 269A BRIDGE MAiNT SUPERVISOR II 233A BUILD MAINT SUPV-LIBRARIES 622 PUBLIC WORKS SUPERVISOR III 623 SEWER SUPERVISOR III B �2) 1963.82 1973.64 1977.59 2017.14 2433.28 CijC7�9I1Ii�] 079 BUILD MAINT SUPV--FIRE DEPT B (2) 2075.79 2086.17 2090.34 2132.15 2149.21 �� t,. 624 PUBLIC WORKS FIELD SUPERVISOR B �2) 2140.74 2151.44 2155.74 2198.85 2216.44 Cf7C7:�� 1 � j 680 BUILD MAINT SUPV--PARKS & REC B �2) 2205.63 2216.66 2221.09 2265.51 2283.63 P�3 Q�-lOgO � • • ARTICLE 25 - TERMS OF AGREEMENT �.�1-�080 25.1 This Agreement shall be effective as of January 1, 1997, and shall continue in effect through December 31, 1998. 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 shatl be recommended by the Director of Labor Relafions, 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 concerning the terxns and conditions of employment. The Agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. Any and all prior Agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this Agreement are hereby superseded. CITY OF SAINT PAUL Mary . Kearney � Director of Labor Relations �-��-�.7 Date THE SAINT PAUL MANUAL AND MAINTENANCE SUPERVISORS ASSOCIATION �� Daniel Palumbo President �// �1�7 Date �� d: Attachment to Green Sheet City of St. Paul Offer for Settlement of M&M 1997 Contract 1. 2. 3. 4. 5. 6. 7. Article 1 - Recognition (Clarification) Update language with title changes as approved by the City Council. Article 7.4 - Grievance Procedure (New - between Step 3 and Step 4) Creates an Optional Mediation Step as part of the grievance process. Article 7.6 - Waiver ��- `o� Grievances shall be considered waived if not presented within one month of occunence or if arbitration has not been requested within two months. Also allows the Union to appeal to the next step if the Employer does not answer a grievance within the specified time limits. Article 9.8 - Seniority (New) Creates bumping rights for employees, if the Tri-Council agrees to similar language in their contract. Article 13.1 - Uniforms Changes language in this article, to allow the employer to provide uniforms, with the employee responsible for maintaining the uniform. Article 13.3 - Safety Shoes The Employer agrees to pay $50 per year (no change from 1996) for safety shoes. Employees may accrue $150.00 for the purchase of shoes or boots. Article 16.2 - Heaith Insurance 1996 - Current benefit 1997 1998 Single $180.91 Single $191.40 Single Actual Cost Family $336.41 Family $349.85 Family $349.85 + 50% of increase 8. Article ]6.6(3) - Retiree Health Insvrance Employment with School District #625 wili not be counted toward the 20 year service requirement for employees hired after Ol/O1/97 toward years of service for retiree health eligibility. 9. Article 19.1 - Working out of Classification ASlows for out-of-title pay after I S days working in higher title. 10. Article 23 - Deferred Compensation Reduces eligibility for $300 deferred compensation match from 15 yeazs to 10 years. No change for employees with twenty (20) years of service. 11. Article 24 - Wages: 12. Memo of understanding: 01l01/97 2.0°!0 03/01/98 2.0% 08/Ol/97 0.5% 11/O1/98 0.8% 12/31/97 0. % 1997 2.7% 1998 2.8% Upgrade Forestry Supervisor II from grade 38 to grade 40. Create Park Maintenance Supervisor II in grade 40. �1.1�� MEMORANDi3M OF i3NDERSTANDING BETWEEN TI3E CITY OF SAINT PAUL AND THE SAINT PAUL MANUAL AND MAINTENANCE SUPERVISORS ASSOCIATION I. Effective June 21, 1997, the position of Forestry Supervisor II will be "unstarted" and moved from Grade 38 to Grade 40 of the Manual and Maintenance Supervisors Association. Effective June 21, 1997, James Layer wiil be reallocated to the posifion of Forestry Supervisor II. The minimum requirements for Foreshy Supervisor II will include a Commercial Drivers License (CDL). The City agrees that the job specification, including the CDL requirement, shall be reviewed at the time the incumbent is replaced. Backpay shali be retroactive to June 21, 1997. II. Effective June 21, 1997, the position of Park Maintenance Supervisar II will be created in Grade 40 of the Manual and Maintenance Supervisors Association and the classification Pazk Maintenance Supervisor shall become Pazk Maintenance Supervisor L The following persons shall be reallocated to the position of Park Maintenance Supervisor II. Thomas Knutson Cyril Kosel, Jr. Richazd Lallier Backpay shall be retroactive to June 21, 1997. III. As of the date of signing of this Memorandum, the following six (6) employees were employed in the classification of Park Maintenance Supervisor: Thomas Knutson Frank Saete Cyril Kosel, Jr. Fredrick Voss Richazd Lallier Richard Wiener Notwithstanding Article 9.4 of the Collective Bargaining Agreement, in the event it is determined by the Employer that it is necessary to reduce the work force in either of the titles of Park Maintenance Supervisor I or Park Maintenance Supervisor II, employees will be laid off based on inverse length of their total seniority in either of the two classifications, regardless of the classification in which they are currently working. This nnethod of determining seniority shall expire August 1, 2000, after which, the regular seniority/layoff provision of the contract will apply. City of Saint Paul (°rytw, � Mary H. Kearney Director of Labor Relations �—tp-47 Date F:\LABREL\CONTRACTIMMSUPVRY\1997 98\MOU2. The Saint Paul Manual and Maintenance Supervisors Association ��O�P�� Daniel Palumbo President �//9�97 Dat�— �- - � - ��,�nSf� - � �� ` - � _ : - � -- � `- ; .,_ ��9� - l - ��BQ�'f=AG��l�N'f ` ��'VEEN s Y � , ,_ ` ._ -: : .r' .. l d` . ' " t. } �� _CI�Y;4F S�N� PA�3Lv- - _, z . �� _� , , F ' � � �. . - � : .• ' ,• � ... . f �rr. `� � t i . i . . , ,; ` . TI�. �AIl�T'�.PA�,1�I�N�[7�L 8i r�A�NT�NAl�� . ,_;t � ,.. _ H. .. � �: _ � _ 1. �, , , ,. STfiP��R� �i��C3�AT��T __ „ 4 � J �. Y� � z` Lij � t ? " 4 �> S' y 1 Y : : � ` . \ 4 ��- +y L_ ,: : r F': �Gr �; i. 5 . f ;_1 y Z - _'C =:J ! �:.(' '! G�-1Q�0 • INDEX ARTICLE TITLE PAGE 1 Purpose of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Maintenance of Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Employer Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Employer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Association Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Bmployee Rights-Grievance Procedure . . . . . . . . . . . . . . . . . . . . . 4 8 Savings Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 Constitutional Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 12 Overtune and Premiums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 13 Uniforms .......................................11 14 Vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 • 15 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 16 Insurance .. ... .. .......... .... ....... . . ... . ..... 13 17 City Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 18 5everance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 19 Working Out of Classification . . . . . . . . . . . . . . . . . . . . . . . . . . 22 20 Sick Leave and Parentai L.eave . . . . . . . . . . . . . . . . . . . . . . . . . 22 21 No Strike, No Lockout . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 22 Right to Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 23 Deferred Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 24 Wage Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 25 Terms of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 • ARTICLE 1- PURPOSE OF AGREEMENT �� 1.1 This Agreement is entered into between the City of Saint Paul, hereinafter called the Employer, and the St. Paui 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 rhe resolution of disputes concerning this Agreement'S interpretation andlor application; and 1.13 Piace in written form the parties' Agreement upon terms and conditions of employment for the duration of this Agreement. i.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. ARTICLE 2 - RECOGNITION 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: . All manual maintenance supervisors in the classification of Animal Control Supervisor, Bridge Maintenance Supervisor I, Bridge Maintenance Supervisoz II, Building Maintenance Supervisor--Fire Department, Building Maintenance Supervisor-Libraries, Building Maintenance Supervisor--Parks & Recreation, Custodiai Superoisor--Civic Center, Custodian Engineer (Public Safety Buiiding), 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 I, Park Maintenance Supervisor II, Public Works Field Supervisor, Public Works Supervisor I, Pubiic 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, Vehicie Mechanic Supervisor I, Vehicle Mecl�anic Supervisor II, 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) work days per year by the City of Saint Paul or who are under the conuol of the Ciry of Saint Paul in the setting of terms and conditions of employment, excluding all other Employees. C� � `.i ARTICLE 2 - RECOGNTI'ION (Continued) 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 bazgaining unit under the jurisdiction of this Agreement, either individually or collectively which in any way conflicts with tfie terms and conditions of this Agreement, except through the certified representative. 2.4 Neither the Association nor the Employer shall discriminate against any Emgloyee because of Association membership or non-membership, or because of his/her race, color, sex, religion, national origin, or politicaf opinion or afFiliations. 2.5 All existing Civil Service Rules shali apply except those superseded by this Agreement. ARTICLE 3- MAINTENANCE OF STANDARDS 3.1 The City agrees that all conditions of employment relating to wages, hours of work, overtnne differentials, vacauons 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 Ciry 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 improved wherever specific provisions for improvement are made elsewhere in this Agreement. 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 suike, slow-down or other interruption of or interference with the normal functions of the Employer. ARTICLE 5 - EMPLOYER 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 ttus Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. 2 • ARTICLE 5- EMPLOYER AU'I'HORITY (Continued) q"l `�Qgo 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 arbivation proceeding. 5.4 A public Employer is not required to meet and negotiate on matters of inherent managerial policy which inciude, 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. 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 alternates and shall inform the 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 Innited and confined to numbers and locations as are necessary and reasonable to administer the provisions of this Agreement. 6.3 The Empioyer 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 Empioyer 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 Empioyer's premises and without loss of pay the Association stewards shall be allowed to post official Association notices of the designated representatives, to uansmit 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 Associauon 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, ccercion or discrimination against a steward because of the performance of such duties. L� q - �o�� ARTICLE 6- ASSOCIA ION SECURITY (Continued) 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 Empioyer shall check off said fee from the eaniings of the Employee and transmit the same to the Association. In no instance shall the required contribuuon exceed a pro-rata share of the specific expenses incurred for services rendered by the representative in relationsIup to negotiations and administration of grievance procedures. This provision shall remain operauve only so long as spec�cally provided by Minnesota law, and as otherwise legal. It is also understood that the Association agrees to indemnify and hoId the Empioyer harniless against any and all ciaims, suits, orders or judgments brought or issued against the Ciry as a result of any action taken 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 the specific terms and conditions of this Agreement. 7.2 Association Itepresentatives - The Employer will recognize Representatives designated by the Association as the grievance representauves of the bargaining unit having the duties and responsibilities established by this Article. The Associauon 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 Empioyer 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 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 detrimental to the work programs of the Employer. 4 � ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continued) ��' �' 1 • 7.4 Procedure - Grievances, as defined by Section 7.1, shali be resolved in conformance with the foilowing procedure: Step 1. An Empioyee claiming a violation concerning the interpretation or application of this Agreement shall, within one month after such alleged violation has occuned, present such grievance to the Employee's supervisor as designated by the Empioyer. 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 i. Any grievance not appealed in 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 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 final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Association within ten (10) calendar days shali be considered waived. Step 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. � a� - 1�g0 ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continued) Optional Mediation Ste� • 1. If the grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendaz days, request mediation. If both parties agree that the grievance is suitable for mediation, the parties shali submit a joint request to the Minnesota Bureau of Mediation Services for the assignment of a mediator. 2. Grievance mediation is an optionat and voluntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance azbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to arbiri shalt be delayed for the period of inediation. Either pariy may at any time opt out of inediation at which tune, the Union may then proceed to arbitration. 3. The grievance mediation process shall be informal. Rules of evidence shall not apply, and no record shall be made of the proceeding. Both sides shall be provided ample oppommity to present the evidence and azgument to support their case. The mediator may meet with the parties in joint session or in sepazate caucuses. 4. At the request of both parties, the mediator may issue an oral recommendation for settlement. • 5. Unless the parties agree otherwise, the outcome shall not be precedential. 6. If the grievance is not resolved and is subsequently moved to azbitration, such proceeding shaIi be de novo, in that, nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resolution or offers of settlement may be used or referred to during arbitrarion. 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 arbivator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. • ARTICLE 7- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continued) • 7.5 Arbitrator's Authority - q�-1a�0 A. The arbitrator shall have no right to amend, modify, nuilify, 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 Employer and the Associauon, 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 conuary 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 shail 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. G 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 shail 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 equaily. 7.6 If a grievance is (1) not presented within one month of its occurrence by the employee as described in Step 1, or (2) azbitration has not been requested by the Association within two months of the Association's filing of its written grievance in Step 2, it shali be considered "waived". 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 the step and immediately appeal 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 understoad by the Association and the Employer that if an issue is determined by this grievance, that issue shali 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 deternuned by the grievance procedure under the Civil Service Rules and Regulations, it shali not again be submitted for arbitration under the procedures set forth in this Articie. \J ARTICLE S - S�GS 8.1 This Agreement is subject to the laws of the United States, the State of Minnesota. In the event any provision of tfiis 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. AII 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. ARTICLE 9 - SElvIORTTY 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 tities. 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 tiUe covered by this Agreement, it being further understood that class seniority is confined to the cusent class assignment held by an Employee. 9.2 Seniority shaIl 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 aliow an Employee to accept an appointment to the unclassified service of the EmpIoyer; 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, Empioyees 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 � years of layoff. In cases where there aze promotional series, such as Supervisor I, S�pervisor 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 wtuch class senioriry would keep them from being laid off, before layoffs are made by any class tide in any department. 8 • ARTICLE 9 - SENIORITY (Continued) � �:1 It is fur[her understood that a laid off Employee shail have the right to placement in any • lower-paid ciass title, provided said Employee has been previously certified and appointed in said lower-paid ciass 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, retum to originai ciass as provided in paragraph (A) above. 9.5 To the extent possible, vacation periods shaI] be assigned on the basis of "City Seniority," within each class, by division. It is however, understood that vacation assignments shall he suhject to the ability of the fimployer to maintain operations. • .� 9.7 Promotions shali be handled in accordance with current Civil Service Rules and practices. The Employer shall post a senioriry list at ]east once every six (6) months. 9.8 If the Employee to be laid off as a result of Article 9.4 above is in a title in a promotional series and has held lower titles in the series in this or any other bazgaining unit, such Employee will be offered a reduction to the highest of these tities within the department to which classification seniority as defined in Article 9.1 above would keep them from being laid off. This Article 9.8 shall not be effective until and uniess The Tri-Council Local 120 - Local 49 and Local 132 collective bazgaining agreement has corresponding language. Until such corresponding language is included in such bargaining agreements, the provisions of this Article 9.8 shall be applicable only to the extent that such zeductions may be offered only to previously held lower tities within the department in the series which are in this bargaining unit. • �l � lQ�� 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 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 wili be placed in tt�e 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 Associauon 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 the right to request that a Association representative be present. ARTICLE 11 - CONSTITUTIONAL PROTECTION 11,1 Employees sY�all have the rights granted to all citizens by the United States and Minnesota State Constitutions. 10 • ARTICLE 12 - OVERTIME AND PREMIiTMS q�-�ag0 12.1 Employees (with the excepuon 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 Employees in classifications in salary grade 41 or above shall be paid straight tune for work performed in excess of the regular work day and/or forty (40) hour work week. �J • 123 An Employee who is called back to work foliowing the completion of his/her regular work day shali be guaranteed four (4) hours pay at his/her 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; Iabor 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 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 shail be in addition to regular holiday pay. 12.5 An Employee shall be compensated in either compensatory time off or overtune payment in cash. 12.6 A night differential of fave 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 shiR 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 Empioyee shall be eligible for the night differential only for the hours actually worked during night shift hours. ARTICLE 13 - iJNIFORMS 13.1 The Empioyer agrees that if any Employee is required to wear any kind of uniform or safety equipment as a condition of continued empioyment, such uniform and/or equipment shall be furnished by the Employer. It is however, further understood that the Employer's obligation to provide uniforms and/or safery equipment shall be conf'med 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, shal] be replaced by the Employer, provided that said damage is not attributable to the negligence or other improper act of the Employee. 11 a� - �o�o ARTICLE 13 - iJNIFORMS (Continued) 13.3 The Employer agrees to pay $50.00 per year 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 reunbursement shall be made only after investigation and approval by the immediate supervisor of that Employee. This Empioyer contribation shalt apply only to those Employees who are required by the Employer to wear protective shoes or boots. Employees may accrue $150.00 for the purchase of shoes. 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 14.2 14.3 14.4 Vacation Granted 10 days 17 days 19 days 24 days 26 days Employees who work less than full-time shall be granted vacation on a pro rata basis. The head af the department may pemut an Employee to carry over into the following fiscal year up to one hundred twenty (120) hours of vacation. 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 shall not include years of service prior to a resignation. i . • 12 . ARTICLE 15 - HOLIDAYS a� -�a�o 15.1 Holidays recognized and observed. The following days shali 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 shail fail on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shali 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. 153 Eligibility Requirements. In order to be eligible for a holiday with pay, an Empioyee'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 payroli the last working day before the holiday and on tltree 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. ARTICLE 16 - INSURANCE 16.1 The insurance pians, 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 plans agree to accept any changes in benefits which a specific provider implements. u 16.2 Effective January 1, 1997, for each eligible Employee covered by this Agreement who is employed full-tirne and who selects Employee insurance coverage, the Employer agrees to contribute $191.40 toward the cost of single health insurance premium. Effective January 1,1997, for each eligible full-time Employee who selects family health insurance coverage, the Employer will contribute the cost of such family coverage, or $349.85 per month, whichever is less. 13 q�i -1��0 ARTICLE 16 - INSURANCE (Continued) Effective January 1,1998, for each eligible Employee covered by this Agreement who • is employed full-tnne and who selects Employee insurance coverage, the Employer agrees to contribute the full cost of the single health insurance premium. Effective January 1, 1998, the Employer's contribution toward family insurance coverage shown above for 1997 shall be adjusted to reflect an increase of fifty percent (50%) of the largest 1998 premium increase for family health insurance coverage provided by the Employer. 16.3 For each e2igible Emptoyee 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 conuibute 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 Empioyee shall be equal to the Emptoyee's annuai salazy to the nearest full thousand dolIars. For tfie purpose of this section, the Employee's annual salary shali 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 time of retirement in order to be eligible for the Employer contributions, listed in Secuons 16.6 through 16.16 below, toward a healTh insurance plan offered by the Employer: 16.5(1) Be receiving benefits from a public Employee retirement act at the time of retirement, and 16.5(2) Have severed his/her relationship with the City of Saint Paul for reasons other than misconduct, and 16.5(3) Have completed at least 20 yeazs service with the Ciry of St. Paul. Employment with School District #625 will not be counted toward the service requirement for Employees hired after Ol/O1/97 toward yeazs of service for retiree health eligibility. � � 14 ARTICLE 16 - INSURANCE (Continued) Early Retirees � 16.6 This Section shall apply to full time Employees who: 16.6(i) Retire on or after January 1, 1996, and 16.6(2) Were appointed on or before December 31, 1995, and 16.6(3) Have not attained age 65 at retirement, and 16.6(4) Meet the terms set forth in Section 16.5 above, and Ib.6(5) Select a health insurance plan offered by the Empioyer. a�-�o�o Until such Empioyees reach sixty-five (65) years of age, the Employer agrees that for retirees selecting single coverage, ihe Empioyer will provide the same contribution as is provided for active Employees selecting single coverage under this Agreement. This amount, however, shall not exceed $350.00 per month. For Employees selecting family health insurance coverage, the Employer will contribute $350.00 per month toward the premium for family health insurance coverage. Any unused portion of the Employer's contribution shali not be paid to the retiree. In addition, the Empioyer 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 16.8 shall apply. • 16.7 This Section shall appiy to fuil time Employees who: 16.7(1) Retire on or after January 1, 1996, and 16.7(2) Were appointed on or after January 1, 1996, and 16.7(3) Have not attained age 65 at retirement, and 16.7(4) Meet the conditions set forth in Section 16.5 above, and 16.7(5) 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 mazimum 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 eazly retiree attains age 65, the provisions of Section 16.9 shall apply. Upon such retiree reaching the age of sixry-five (65), such Employer contributions toward such early retiree coverages shali ternunate. T'he 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 which time the life insurance coverage shail terminate. • 15 °►�1 � 10�6� ARTICLE 16 - INSURANCE (Continued) Regutar Retirees (Age 65 and over) 16.8 This Section shaIl apply to full tune Employees who: 16.8(1) Retire on or after January 1, 1996, and 16.8(2) Were appointed on or before January 1, 1996, and 16.8(3) Have attained age 65 at retirement, and 16.8(4) Meet the terms set forth in Section 16.5 above, and 16.8(5) Select a health insurance plan offered by the Employer. The Employer agrees to contribute a maacimum of $550.00 per month toward ttte 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. 16.9 This Section shail apply to full time Employees who: 16.9(1) Retire on or after January 1, 1996, and 16.9(2) Were appointed on or after 7anuary l, 1996, and 16.4(3} Have actained age 65 at rerirement, and 169(4) Meet the terms set forth in Sections 16.5 above, and 16.9(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 appiy to eariy retired under the provisions of Section 16.7 when such early retirees attain age 65. 16.10 If an Employee does not meet the condition of Section 16.5{3), but has completed at least ten (10) years of service with the Ciry, 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. 16.11 A retiree may not carry his/her spouse as a dependent if such spouse is also a City retiree or City Employee and eligible for and is enrolled in the City's health insurance program. 16.12 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 ARTICLE 16 - INSURANCE (Continued) `"� t� l�g� 16.13 The conuibutions indicated in this Article 16 shall be paid to the Employer's Third • Party Administrator. 16.14 The Employer wili 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 will 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. 16.15 Empioyees covered by this Agreement shall be eligible to participate in the Dependent Care Reimbursement Account offered by the Employer. The service fee charged to participating Employees shall be paid by the Employer. Survivor Insurance 16.16 The surviving spouse of an Employee carrying family coverage at the time of his/her death due to a job connected injury or illness which was determined to have arisen out of and in the course of his/her employment under worker's compensation law shall continue to be eligible for City contribution in the same proportions as is provided for retired Employees. • In the event of the death of an early retiree or a regular retiree, the dependents of the retiree shail 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 shail cease in the event of: 16.16(1) Subsequent remarriage of the surviving spouse of the deceased Empioyee or retiree. 16.16(2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided hy 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. • 17 q"l - lOgO ARTICLE 17 - CITY MILEAGE 17.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Pau1 • Admuristrative Code, as amended, pertaining to rennbursement of Ciry officers and Employees for the use of their own automobiles in the perfonnance 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 perfomung 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 deternunes that an Employer vehicle is avaitabte for the Empioyee's use but the Employee desires to use his/her own automobile, then the Employee shall be reunbursed 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 automobiie REGiJLARLY 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 automotrile 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 Ciry will provide parking at the Civic Center Parking Ramp for Ciry Employees on either of the above mentioned types of reimbursement plans who are required to have their personai 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 indicaung miles driven and shall file monthly a�davits statmg 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 properry damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the Ciry of Saint Paul named as an additional insured. These rules and regulations, • together with the amendment thereto, shall be maintained on file with the City Clerk. m ARTICLE 18 - SEVERANCE PAY �� `�oo� 18.1 The 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 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 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. 18.2.3 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, the Employee waives ali claims to reinstatement or reemployment (of any type), with the City or with Independent Schooi 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-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 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 tune of his or her death, payment of the severance pay may be made to the Employee's estate or spouse. 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 empioyment, and such transferee shall not be eligible for the • City severance program. 19 a�i lo�o ARTICLE 18 - SEVERANCE PAY (Continued) 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 the specific provisions of this Article conflict with said ordinance and in such cases, the provisions of this Article shall conuol. 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 meeting the qualifications of this Article or Ciry Ordinance No. 11490, as amended by City Ordinance No. 16303, Section l, 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 Employee hired a8er 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 voluntazily separated from City employment or have been subject to separation by layoff or compuisory retirement. Those Employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the Ciry severance pay program. 18.13.2 The Employee must file a waiver of reemployment with the Auman Resource D'uector, which will clearly indicate that by requesung severance pay, the Employee waives all clauns to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 18.13.3 The Employee must have an accumulated balance of at least eighry (80) days of sick leave credits at the time of his separation from service. • 20 ARTICLE 18 - SEVERANCE PAY (Continued) � ��i 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 maacnnum as shown below based on the number of years of service in the Ciry. Years of Service with the City At Least 20 21 22 23 24 25 • 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 Empioyee 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 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 separation of employment, and such uansferee 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 shail 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 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 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 Articie 18. Maximum Severance Pay • 21 Q�1- �Og� ARTICLE 19 - WORKING OUT OF CLASSIFICATION 19.1 Any Employee working an out-of-class assignment for a period in excess of fifteen (15) • working days duzing any fiscal 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 assignment. For purposes of this article, an out-of-class assignment is defined as the full-time performance of all of the significant dudes and responsibilities of a classificauon 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 classificarion. ARTICLE 20 - SICK LEAVE AND PARENTAL LEAVE 20.1 Sick leave shall be eamed and granted in accordance with the Civil Service Rules. 20.2 In the case of a serious iilness or disability of an Employee's child, parent, or household member, the head of the department shalI grant leave with pay in order for the Empioyee to care for or make arrangements for the care of such sick or disabled persons. Such paid leave shall be drawn from the Employee's accumulated sick leave credits. Use of such sick leave shail be limited to 40 hours per incident. 203 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 grandchiid. 20.4 If an Employee has an accumulation of sick leave credits in excess of one hundred and • eighry days, he/she may convert any part of such excess to vacauon at the rate of one-half day's vacation foz each day of sick leave credit. No Employee may convert more than ten (10) days of sick Ieave in each calendar yeaz 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 eligibiliry 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 (I2) months by mutual Agreement between the Employee and the Employer. Refusal on the part of the Employer to grant an extension of such leave shall not be subject to the provisions of Article 6 of this Agreement. Employees who return following such leaves of absence shall be placed in a position of equivalent salary and tenure as the one held just prior to the beginning of their leave. • 22 ARTICLE 20 - SICK LEAVE AND PARENTAL LEAVE (Continued)` t' lO D� 20.6 Leave for School Conferences: An Empioyee 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 prior notice of the leave and make a reasonable effon to schedule the 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-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 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. ARTICLE 21 - NO STRIKE, NO LOCKOUT 21.1 The Association 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. ARTICLE 22 - RIGHT TO SUBCONTRACT 22.1 The Employer may at anytime 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. ARTICLE 23 - DEFERRED COMPENSATION 23.1 Beginning January 1, 1997 Employees who have completed ten (10) years of service shall have $300.00 for Deferred Compensation paid by the Employer on a dollar for doilar match. 23.2 Employees who have compieted twenry (20) years of service shall have $500.00 for Deferred Compensation paid by the Employer on a dollar for dollar match. • 23 • ARTICLE 24 - WAGE SCHEDULE GRADE OlU 481 DISPATCHER 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 19.76 19.86 19.90 2030 20.46 GRADE 02U 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 19.90 20.00 20.04 20.44 20.60 GRADE 04U • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 19.93 20.03 20.07 20.47 20.63 B �Z) 20.67 20.77 20.81 21.23 21.40 GRADE 06U 123A CUSTODIAL SUPV--CIVIC CENTER 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 18.34 18.43 18.47 18.84 18.99 Q�l-l6Ba • 24 � . • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 15.46 15.54 15.57 15.88 16.01 A (1) 1398.54 1405.53 140834 1436.51 1448.00 A (1) 1528.23 1535.87 1538.94 1569.72 1582.28 A (1) 1563.94 1571.76 1574.90 1606.40 1619.25 B �2) 1436.20 144338 1446.27 1475.20 1487.00 B ��) 1571.00 15 78.86 1582.02 1613.66 1626.57 B �2) 1607.90 1615.94 1619.17 1651.55 1664.76 GRADE 08U 212A NIGHT CUSTODIAL SUPV--CC GRADE 030 GRADE 033 304A MARINA SERVICES SUPERVISOR GRADE 034 25 a� -�o�o • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 1589.43 159738 1600.57 1632.58 1645.64 B �2) 1632.21 164037 1643.65 1676.52 1689.93 GRADE 035 338A SENIOR ZOO KEEPER GRADE 036 q� - �ogo 475 FORESTRY SUPERVISOR 208 GOLF COURSE SUPERINTENDENT 076A PARK MAINTENANCE SUPERVISOR 368 PUBLIC WORKS SUPERVISOR I 416 SEWER SUEERVISOR I 172A TRAFFIC MAINTENANCE SUPV I 525A WATER MAINTENANCE SUPERVISOR 528 WATER SERVICE SUPERVISOR 532 WATERSHED SUPERVISOR I 536 ZOO SUPERVISOR • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 1658.15 1666.44 1669.77 1703.17 1716.80 B �2) 1703.15 1711.67 1715.09 174939 176339 CelC7.'1�J�17C� • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 166433 1672.65 1676.00 1709.52 1723.20 B �2) 170936 1717.91 172135 1755.78 1769.83 � • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 1750.25 1759.00 1762.52 1797.77 1812.15 • . . . :, Q� -1080 268A BRIDGE MAINT SUPERVISOR I 230A METER OPERATIONS SUPERVISOR 369 PUBLIC WORKS SUPERVISOR II 809 SEWER SUPERVISOR II 560 SUPV OF GARBAGE COLLECTION 964 VEHICLE MECIIANIC SUPERVISOR I 194 WATER UTILITY MAINS SUPERVISOR 542 WATERSHED SUPERVISOR II B �2) 1800.49 1809.49 1813.11 184937 1864.16 GRADE 039 173 EQUIPMENT MAINT SUPERVISOR • 12-21-96 07-19-97 12-20-9'7 02-28-98 10-24-98 A (1) 1795.04 1804.02 1807.63 1843.78 1858.53 B �2) 1845.28 1854.51 1858.22 189538 1910.54 GRADE 040 103 FORESTRY SUPERVISOR II 620 TRAFFIC MAINTENANCE SUPV II 394A VEHICLE MECHANIC SUPERVISOR II 557A WATER PLANT PRODUCTION SUPV PARK MAINTENANCE SUPERVISOR II r� L 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 1852.89 1862.15 1865.87 1903.19 1918.42 B �2) 1909.36 1918.91 1922.75 196121 1976.90 27 • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 190936 1918.91 1922.75 I96I.21 1976.90 GRADE 041 269A BRIDGE MAINT SUPERVISOR II 233A BUILD MAINT SUPV-LIBRARIES 622 PUBLIC WORKS SUPERVISOR III 623 SEWER SUPERVISOR III B �2) 1963.82 1973.64 1977.59 2017.I4 2033.28 GRADE 043 • 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 2017.20 2027.29 203134 2071.97 2088.55 079 BUILD MATNT SUPV--FIRE DEPT B �2) 2075.79 2086.17 209034 2132.15 2149.21 GRADE 044 � �•` 624 PUBLIC WORKS FIELD SUPERVISOR 12-21-96 07-19-97 12-20-97 02-28-98 10-24-98 A (1) 2078.98 208937 2093.55 2135.42 2152.50 B �Z) 2140.74 2151.44 2155.74 2198.85 2216.44 Ct7:7_\�l�Il � . 680 BUILD MAINT SUPV--PARKS & REC C� 12-21-96 Q7-19-97 12-20-97 02-28-98 10-24-98 A (1) 2141.76 2152.47 2156.77 2199.91 2217.51 B {2) 2205.63 2216.66 2221.09 2265.51 2283.63 m r� �i C� �� ARTICLE 25 - TERMS OF AGREEMENT `�� - �d�C� 25.1 This Agreement shall be effective as of January 1, 1997, and shall continue in effect through December 31, 1998. 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 Director of Labor Relations, 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 negofiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the tarms and conditions of employment. The Agreements and understandings reached by the parties after the exercise of this right aze fully and completely set forth in this Agreement. Any and all prior Agreements, resolutions, practices, policy or rules or regulations regazding the terms and conditions of employment to the extent they are inconsistent with this Agreement aze hereby superseded. CITY OF SAINT PAUL �%�� _ Mary . Kearney Director of Labor Relations s-�s- Date THE SAINT PAUL MANUAL AND MAINTENANCE SUPERVISORS ASSOCIATION ��C�r2c.G��`'� Daniel Palumbo President �/�/� � Date 29