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97-535Council File # 9�1-53 5 �,�,,�:��� � � �� f,. � � � � � ' * j %'� " d �5 " @J 3 ti '3 I —,. Presented Referred To RESOLUTION 41NT PAUL, MINNESOTA Green Sheet #35890 �a� Committee Date 1 2 3 RESOLVED, that the Council of the City of Saint Pau1 hereby approves and ratifies the attached 1994 - 1996 Collective Bazgaining Agreement between the City of Saint Paul and the Saint Pau1 Fire Supervisory Association. Requested by Department oE Office of Labor Relations By: �� ��-� Form App ved��ttorney „ By: 1 '�. ��( / � Certified by Council Approved by Mayor: Date Approved by Mayor for Submission to Council B � � Adopted by Council: Date �� \ o_�.., �1 1 I'19 �l DEYART'MENT/OFFICE/COUNCIL: DATE INITIATED � r LABOR RELA'TIONS Apri128, 1997 GREEN SAEET No.: 35890 �� � CONTACT PERSON & PHONE: ,� IMTTAL/DATE �NI'i'IAUDpTE Angie Nalezny 266-6498 p�IGN i nEr.vzan�rrr D a crrr couracn, NUMBER 2 CITY ATTORNEY��� CITY CLERK MI7ST BE ON COUNCIL AGENDA BY (DATE) FOR BUDGEf DIR. FIN. & MGT. SERVICE DIR. ROUTING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNATUAE PAGES 1 (CLIP ALL LOCATTONS FOR SIGNA7'URE) acriox xEQUes�n: This resolution approves the attached 1994 -1996 Collective Bazgaining Agreement between the City of Saint Paul and the St. Paul Fire Supervisory Association. The terms and conditions of this Agreement were submitted to binding Interest Arbitration through the statutory azbitration process; the terms submitted herein reflect the Arbitration Award as ordered by Arbitrator Sharon K. Imes on February 13, 1997. RECOMIvfENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST AN5WER THE FOLLOWING QUESTIONS: _PLANNING COMMISSION _CML SERVICE COMIvIISSION I. Haz this person/fivn ever worked under a contract for this departrnent? ' _CIB COMM[1'IEE Yes No STAFF 2. Has this persoNfivn ever been a ciry employee? _DISTRiCT COUAT Yes No � SUPPOATS WHICH COiJNCiL OBJECT7VE? 3. Dces this person/firm posuss a skill not nortnaily posse�- . oy any current city employee? Yu No Explain all yes answers on separate sheet aod attach to green sheet IIViTIATING PROBLEM, ISSUE, OPPORTUNITY (Who, W6at, When, Where, Why): nnvniv�rncES iF nrrxoven: An Agreement in place through December 31, 1996. ��� �,,,, ,,���� �, ��� RECEIVE� E���°t Q �. i�97 DISADVANTAGES IF APPROVED: NOriC. A ' '.?.�...- r�✓:nuv�a.s{.L.r.MN.�`e� Y �iAYOR'S QfFIC� APR 29 1997 n�snuv,�rracES iF xor nrrxovEn: The City will commit an unfair labor practice, as de ne m ec ion 9A.13. TQTAL AMQUNT OF TRANSACITON: COSTIREVENUE BUDGETED: FONDING SOURCE: ACT[VI'1'Y NUMBER: F1NAAtCIAG INFORMAiION: (EXPLAiI� See aUS.ched Unifocm Settlement Form r 7 ATTACHIl�NT TO GREEN SHEET f�` S� S 1994-1996 F'IRE SUPERVIS012Y ASSOCIATION Below represents the changes for the 1994-1996 Collective Bargaining Agreement between the City of Saini Paul and the Fire Supervisory Association as a result of Interest Arbitrarion. DURATION This contract will be effective January 1, 1994 through December 31, 1996. E� 3. L! � WAGES Effective OI-Ol-94: No wage increase. Effective 12-24-94: 1.5°lo base wage increase. Effective 06-24-95: 1.0% base wage increase. Effective 12-23-95: 2.5% base wage increase. The wage increases aze to be made retroactive for all employees covered under the 1994- 1996 Collective Bazgaining Agreement, including any employees who may have retired during the term of this agreement. WAGES - PLACEMENT ON PROMOTION (11.2) Any Fire Captain assigned as a paramedic with 15 years of service who is promoted to District Fire Chief may begin at the 10 year step effective January 1, 1994. GRIEVANCE PROCEDURE The parties agree to agree to add voluntary grievance mediation between steps 3 and 4. ACTIVE HEALTH INSURANCE Below are the City contribution levels to health insurance premiums for active employees. The City will return any unused benefit dollazs to the employee. 1l1J94 1J1J95 UU96 Single $316.97 $300.00 $300.00 Family $333.96 $34431 $355.38 Survivor Insurance: In the event of the death of a early or regular retiree, the Employer agrees to provide health insurance to dependents at the benefit level said retiree previously had. In the event of the death of an employee killed in the line of duty, the Employer will contribute 100% of the premium for either single or family health insurance coverage for eligible dependents at the employee's option. RETIREE HEALTH INSURANCE For Employees retiring on or before 12{31195: Early Retiree Insurance The City will contribute $10632 per month toward the single health insurance preu�ium and $318.41 per month toward the dependent health insurance premium. Regular Retiree Insurance Full single and full dependent coverage Attachment to Green Sheet 1994-1996 Fire Supervisory Associarion Page 2 RETIREE HEALTH Il�iSURANCE, cont. For Employees retiring after 12l31/95: Early Retiree Insurance ��� �535 Far employees hired prior to 1/If96 The Ciry will contribute a m�imum cost of $350 per month toward the retiree and dependent health insurance benefit offered by the Employer. For employees hired on or after 1/1/96 The City will contribute a maximum cost of $300 per month towazd the retiree and dependent health insurance benefit offered by the City. Regular Retiree Insurance (Iietirees age 65 and over) For employees hired prior to 1/1/96 The City will contribute a maJCimum cost of $550 per month toward the retiree and dependent health insurance benefit offered by the Employer. For emplayees hired on or after 1/1l96 The City will contribute a maxunum cost of $300 per month toward the retiree and dependent health insurance benefit offered by the Employer. 7 .3 DRUG AND ALCOHOL The parties agree to modify the marijuana and alcohol positive test result levels. Marijuana 15 ng/m1 Alcohol 0.02 concentration as shown by an analysis of urine Under Employee Testing (20.3), the parties agree to change the term "probable cause" to "reasonable suspicion." VACATION The vacation for 40 hour employees was increased as foliows: 0- 5 yrs from 80 hours to 112 hours 6- 15 yrs from 120 hours to 160 hours 16 - 25 yrs from 168 hours to 200 hours 26 + from 176 hours to 208 hours The new schedule is as follows: Years of service 56 hour Employees 1 st yeaz thnt Sth yeaz I 12.0 houts 6th year thru 15th year 168.0 hours 16th yeaz thru 25th year 235A hours 26th year and beyond 246.4 hours 40 hour Emplovees 112 hours (14 days) 16Q hours (20 days) 200 hours (25 days) 208 hours (26 days) m q�_ 53S m n c ° a ° m u�i = n o m M v � v a � a w e N a w ur O a ° m m '¢ m m m ° m m iO m m m � ° n n n � m m N � V m o. � � m � n m � f/� L'� �� � o a E ` � @ � `m ti m E m m > Q U �i S y� m� '� 0 - y_ w� � a o m �» � Q T c a o _ � c o m '� ; m m p � q ° a a q r ` n m °� „`o_ .� 3' ° m ..° m 3 c m m m s m ° m F ' m w rn � r. 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P Q � o�� o Y�. y T O t�D ` N N Y Q o w � � d � � o t�N A A M O o E m a N m +D � H c0 - m v' o c m N � W y N E y w � � b Q S m P m � O � N N q� � � ° a o o � � o° d � m . II , m � � � z fi L � m A r w `� `a'� @ m E S v w � m � g r�n g� E Q o �� r�n d w� a a 'o `o � i m ='& Y w C m m �� �i �' m 5 n.� �� v m �'E n E W�� n m � k m � 0 m m m t) m o` U m= m� m� m � m t') m[�i m 3 U m r U 5 5:� „ ., q�. s �s 1994 -1996 AGREEMENT - between - THE CITY OF SAINT PAUL - and - THE SAINT PAUL FIRE SUPERVISORY ASSOCIATION .. q �-.535 �� ► ARTICLE TTTLE PAGE 1 Purpose ..............................................1 2 Definitions . • • - • • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i 3 Recognition ...........................................2 4 Security ..............................................3 5 Employer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Savings Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Uniform Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 LegalServices ..........................................7 10 Seniority .............................................7 il Ca1lBack .............................................7 12 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13 Vacation .............................................12 14 Holidays .............................................i3 15 Sick Leave and Pazental Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 16 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 17 Wages ..............................................16 18 Residence ............................................16 19 Incapacitation ......................................... 17 20 Drug and Alcohol Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . 17 21 Overtime ............................................20 22 Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 23 Position Openin$s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 21 Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Appendix A ..................................... A1 Appendix B ......................................Bi i �1�535 ►.:��z� � ,: �. 1.1 The Emplayer and the Saint Paul Fire S�pervisory Association (SPFSA) agree that the purpose of entering into ttus Agreement is to: 1.1.1 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of performance tbat is consistent with the well being of ail concemed. 1.1.2 Establish the full and complete understanding of the parties concerning the terms and conditions of this Agreement. 1.1.3 Establish procedures to orderly and peacefuliy resolve disputes as to the application of interpretation of this Agreement. 1.1.4 Placx in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. . ' t �� , � 2.1 Association: Saint Paul Fire Supervisory Association (SPFSA) 2.2 Employer: The City of Saint Paul 2.3 Association Member: A member of Saint Paut Fite Supervisory Association (SPFSA). 2.4 Empioyee: A member of the exclusively recognized bargaining unit as certified by the State Bureau of Mediation Services in Case No, 18-PR-1056-A dated August l, 1978. 2.5 Vacancy: As deternuned by the deparhnent head, a funded position opening in a class specified in Article 3.2. 2.6 Position: Any specific office, employment or job in the Fire Degarnnent in a class specified in Article 3.2. 2.7 Tour of Duty: A. For a fifty-six (56) hour work week employee: The performance of job duties and ac�eptance of the responsibilities of a position for a consecutive and uninterrupted twenty-four (?A) hour period from 8:00 a.m. on a calendar day to 5:00 a.m. on the following calendar day. B. For a forty (40) hour work week employee: The performance of job duties and acceptance of the responsibilities of a position for a consecutive and uninterrupted eight (8) hour period within a calendar day. f1 97-53 5 ARTICLE 2 - DEFINITIONS (Continued) C. Notwithstanding B above, employees assigned to a forty (40} hour work week may, through mutual agreement with the Emgloyer, work schedules other than schedules limited by B above. Overtime compensation for employees working under such agreements shall be subject to the provisions as set forth by the Fair Iabor Standards Act. 2.8 Department: The fire department of the City of Saint Paul as established and amended from time to time pursuant to Section 9.01 of the Ciry Charter. 2.9 Overtune: Work performed by an Employee in excess of the Employee's tour of duty by order of the Empioyer. 2.10 Overtime Pay: For employees assigned to a fifty-six (56) hour work week, overtime pay, for the purpose of Article 21, will be based on a fifty-six (56) hour work week. For employees assigned to a forty (40) hour work week, overtime pay, for the purpose of Article 21, will be based on a forty (40) hour work week. .. . � � 3.1 The Employer recognizes the SPFSA as the exclusive representative for the purpose of meeting and negotiating the terms and conditions of employment for supervisory Fire Department personnel. 3.2 Job classes which aze within the bargaining unit and covered by this Agreement are as follows: Assistant Fire Marshal Chief Fire Investigator Deputy Fire Chief Disuict Fire Chief Fire Communications Chief Fire Dispatch Supervisor Emergency Paramedical Services Chief Emergency Prepazedness Coordinator Fire Marshal Fire Trauring Officer 3.3 In the event the Employer and the Association are unable to agree as to the inclusion or exclusion of a new or modified job position, the issue shall be submitted to the Bureau of Mediation Services for determination. 2 91-535 r��� � � 4.1 The Employer shall deduct from the wages of Employees who authorize such a deduction in writing an amount necessary to cover monthly Associarion dues and assessmems. Such monies shall be remitted as d"uected by the Association. 4.2 The Association may designate Employees from the bargaining unit to act as stewazds and shall inform the Employer in writing of such choice. 4.3 The Associauon agrees to indemnify and hold the Employer harmless against any and all clauns, 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 article. 4.4 The Association agrees that an administrative service fee of fifry cents ($0.50) per , member per month shall be deducted by the City of Saint Paul. � � � � � yr.�; 5.1 The SPFSA recognizes the prerogatives mf the Employer to operate and manage its affairs in all respect� in accordance with applicable laws and regulauons of appropriate authorities. The prerogatives and authority which the Employer has not officially abridged, delegated or modified by this Agreement are retained by the Employer. 5.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include but are not limited to, such areas of discretion of policy as the functions and programs of the employer, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. . , , �.� � . 6.1 DEFINITION OF GRIEVA1�iCE: A grievance is defwed as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of the Agreement. 6.2 SPFSA REPRESENTATIVES: The Employer will recognize representatives designated hy the SPFSA as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The SPFSA shall notify the Employer in writing of the names of such SPFSA representatives and of their successors when so designated. 3 q7-535 ARTI 6- TFV PRO EDLmF (ContinuedJ 6.3 PROCESSING OF GRIEVANCE: It is recognized and accepted by the SPFSA and the Employer that the processing of grievances as hereinafter provided is limited by the job duues and responsibilities of the Employee and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and resgonsibilities. The aggrieved Employee and the SPFSA shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the Employee and the SPFSA representatives have no�ed and received the approvai of the designated supervisor who has determined that such absence is reasonable and would not be detrimentai to the work program of the Employer. 6.4 PROCEDURE: Grievances, as defined by Section 5.1 shall be resolved in confonnance with the following proce.dure: StTD I An Employee claiming a violation concerning the interpretation or application of the Contract shall within twenry-one (21) calendar days after such alleged violation has occurred present such grievance to the Employee's supervisor as designated by the Employer. The Employer d�signated repzesentative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step i and appealed in 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 Contract allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the SPFSA within ten (lOj calendar days shall be considered waived. Sten 2 If appealed, the written grievance shall be presented by the SPFSA, and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the SPFSA 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 Step 2 answer. Any grievance not apgealed in writing to Step 3 by SPFSA within ten (10) calendar days shail be considered waived. Sten 3 If appealed, the written grievance shall be presented by the SPFSA to, and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the SPFSA the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 gtievance. A grievance not resolved in Step 3 may be appealed by the SPFSA to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the SPFSA within ten (1�) calendar days shall be considered waived. 0 9?-535 Optional Mediation t�g If ihe grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendar days, request mediation. If the parties agree that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediarion Services for the assignment of a mediator. Grievance mediation shall be completed within thirty (30) days of the assignment unless the parties mutually agree to lengthen the time limit. 2. Grievance mediation is an oprional and voluntary part of the grievance resolution process. It is a supplement to, not a subsritute for, grievance arbitration. Wheu grievance mediation is invoked, the contractual time limit for moving the grievance to arbitration shall be delayed for the period of inediation. The grievance mediation process shall be informal. Rules of evidence shall not apply, and no record shall be made of the proceeding. Both sides shali be provided ample opportuniry to present the evidence and argument to support their case. The mediator may meet with the parties in je�int session or in separate caucuses. 4. At the request of both parties, the mediator may issue an orai recommendation for settlement. Eiffier party may request that the mediatar assess how an arbitrator might rule in this case. The grievant shall be present at the grievance mediation proceeding. If the grievance is resolved, the grievant shall sign a statement agreeing to accept the outcome. Unless the parties agree otherwise, the outcome shall not be precedential. 6. If the grievance is not resolved and is subsequendy moved to arbitration, such proceeding shall be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resoludon or offers of settlement may be used or referred to during arbitration Sten 4 A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to arbivation subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of arbitrator shall be made in accordance with the "Rules Governing the Arbivation of Grievances" as established by the Pubiic Employment Relations Board. 6.5 ARBIT1tATOR'S AIJTHORITY: The azbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of the Agreement. The arbitrator shail consider and decide only the specific issue(s) submitted in writing by the Employer and the SPFSA, and shail have no authority to make a decision on any other issue not so submitted. 5 q7-535 ' , • � :� ' i � i ��_ , � � • , 6.6 The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thiriy (30) days following the close of the hearing or the submission of briefs by the parties, wluchever is later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. 6.7 The fees and expenses for the arbitrators' services and proceedings shall be bome equally by the Employer and ffie SPFSA, provided that each parcy 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 equally. 6.8 WAIVER: If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step vdathin ihe specified time limit or any agreed extension thereof, it shall be considered sett�d on ffie basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the SPFSA may elect to treat the grievance as denied at that step and immediately appeai the grievance to the next step. The time limit on each step may be extended by mutual written agreement of the employer and the SPFSA in each step. 6.9 RECORDS: All documents, communications and records dealing with a grievance shall be filed separately from the personnel files of the involved employee(s). TI L. 7- SAVIN LA TSF 71 This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Saint Paul. In the event any provision of this Agreement shall be held to be conuary to law by a couft 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 pariy. ' ' All � ' I � :_� 8.1 The 1972 base of One Hundred Twenty Dollars ($12o.00) as a clothing allowance on a voucher system will be increased January 1, 1974, and each yeaz thereafrer on tlte basis of a yearly study of the increased cost of the defined uniform. The 1972 base cost of the uniform is stipulated and attached as Appendix A. 6 91-53� ARTICLE S- iJNIFORM Ai_r nwaN['F (Conti�ued) 8.2 It is further understood that employees covered by this Agreement shall receive a clothing allowance wluch is Thirty ($30.OQ) doliars greater than that provided by Article 8.1 of ttus Agreement. ARTICLE 9 - LEGAL SERVICE 9.1 Except in cases of malfeasance in office or willful or warnon neglect of duty, the Employer shall defend, save harmless and indemnify an Employee, and/or hislher estate, against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission cecurring in ffie performance and scope of the Employee's duties. 9.2 Notwithstanding Article 9.1, the employer shall not be responsible for paying any legal service fee or for providing any legal service arising from any legal action where the employee is the Plaintiff. ARTICLE 10 - SENIORITY 10.1 Department Seniority: For the purposes of this Agreement senioriry shalt be defined as the length of continuous and uninterrupted employment in the fire department. 10.2 LoSS of Department Seniority: An Employee will lose acquired department seniority in the following instances: 10.2.1 Resignation 10.2.2 Discharge 10.2.3 Retirement 10.3 Work Force Reduct5on: In the event of a reduction in the department work force, such reduction shall occur in accordance with 5ection 22 of the Civil Service Rules as of the date of the signing of this Agreement. 10.4 Reduction in Rank: Reduction in rank shall be in accordance with the Civil Service Rules as of the date of the signing of this Agreement. (Except as indicated below) 10.4,1 Reduction in rank for periods up to but no more than 30 consecutive calendar days will be by platoon seniority. 10.4.2 Reduction in rank for more than 30 consecutive calendar days shall be in accordance with the Civil Service Rules as of the date of the signing of this Agreement. AR'i'ICLE ll - CALL BACK 11.1 Employees required by the Employer to report for work during off-duty time will be compensated at the overtune rate in accordance with Article 2.10 of this Agreement. The minunum payment under this Article will be four (4) tunes the Employee's hourly rate. An early report of two (2) hours or less, or an extension of a normally scheduled tour of duty, shall not qualify an Employee for this minimum payment. 7 � � � �, 12.1 The insurance plans, premiums for coverages, and benefits contained in the insurance plans offered by the Employer shali be solely controlled by the contracts negotiated by the Employer and the henefit providers. The Bmployer will attempt to prevent any changes in the benefits offered by the benefit providers. However, ihe employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. 12.2 Effective for the January 1, 1994 insurance coverage, the Employer will contribute $316.97 per month to eligible employees who select single health insurance coverage. The Employer will contribute $333.46 per month to eligible employees who select family health insurance coverage. 12.3 Effective for the January, 1995 insurance coverage, the Employer will contribute $300.00 per month to eligible emgloyees who select single health insurance coverage. The Employer will contribute $344.31 per month to eligible employees who select family health insurance coverage. 12.4 Effective for the January, 1996 insurance coverage, the Employer will conuibute $300.00 per month to eligible employees who select single health insurance coverage. The Employer will contribute $355.38 per month to eligible employees who select family health insurance coverage. 12.5 Under the "Cafeteria Plan" full-time, eligible employees, must select at least single health insurance coverage and employee life insurance in an amount of $5,000. It is understood that these mandatory coverages may not be waived. Any unused portion of the Bmployer's contribution for which an employee is eligible is defined as unused benefit dollars, not salary, and shall be paid to the employee as taYable income. Such payment wi11 be made during ffie month of December for the insurance year, For employees who terminate their employment with the Ciry of Saint Paul, such payment shall be made within 90 days following termination. However, an employee whose spouse is also employed by the City of St. Paul and is eligible to participate in the city's health insurance plan will not be required to select the mandatory health insurance coverage as long as one of the spouses is participating in the city's health insurance plan with family coverage. The mandatory life insurance coverage continues to apply. In this event, only the difference between the cost of the mandatory life insurance and the employer contribudon amount for single health insurance coverage shall be eligible for payment as unused benefit dollars 12.6 Under the "Cafeteria Plan," employees covered by this agreement wIll be eligible to participate in the Flexible Spending Accounts offered by the Employer. The service fee charged for employees participating in the Dependent Caze Account will be paid by the Employer. The service fee for employees participating in the Medical Expense Account will be paid by the employee. 9�s35 � q�J-53� ARTICLE 12 - INSURANCE (Continued) Survivor Insurance 12.7 In the event of the death of an active employee, the dependents of the employee shall have the option, within thirty (30) days, to continue the current hospitalizauon and medical benefits, including such plan improvements as may be made from time to time, which said dependents previously had, at the premium and Employer contribuuon applicable to eligible early retirees. The date of death shall be considered to be the date of retirement. In the event of the death of an early retiree or a regulaz retiree, the dependents of the retiree shall have the option, within thirty (30) days, to continue the current hospitalization and medical benefits which said dependents previousiy had, at the premium and Employer coturibution accorded to the eligible deceased retiree. In the event of the death of an employee killed in the line of duty, the Employer will contribute 100% of the premium for either single or family health insurance coverage for eligible dependents. An eligible dependent who is not enrolled in the Ciry's health insurance program at the time of the employee's death will have an option to enroll at the next annuai open enrollment period. It is understood that such coverage shali cease in the event af: 12.7.1 The suhsequent remarriage of the surviving spouse of the deceased employee or retiree. 12.7.2 The employment of the surviving spouse where hospital insurance coverage is obtained through a group program provided by said Employer. However, it is further understood that in said event, the surviving spouse shall have the right to maintain City health insurance coverage for the first ninety (90) days of said employment. Retiree Insurance 12.8 Employees who retire must meet the following conditions in order to be eligible for Employer contributions listed in Articies 12.9 through 12.14 below toward a health insurance plan offered by the Employer: 12.8.1 Be receiving benefits from a public employee retirement act covering employees of the Ciry of Saint Paul at the time of retirement, and 12.8.2 Have severed his/her relationship with the Ciry of Saint Paul under one of the retiree plans, and E 9�-535 ARTIC .. 12 - INC 1R_AN .F (getiree Insurance continued} 12.8.3 12.8.4 Early Retirees Have completed at least 20 years of service with the City of Saint Paul or be receiving a disabiliry pension from the City of Saint Paul, and Have severed hislher relationstup with the City of Saint Paul for reasons other than an involuntary termination for misconduct. 12.9 This Article shall apply to employees who: 12.9.1 12.9.2 12.9.3 12.9.4 Retire on or before December 31, 1995, and Have not attained age 65 at retirement, and Meet the tenns set forth in Article 12.8 above, and Select a heaith insurance pian offered by the Employer. Until such retirees reach sixty-five (65} years of age, the Empioyer agrees to contribute the cost of such single coverage or $106.32 per month, whichever is less. For such eligible early retirees who select family coverage, the Employer wi11 conuibute the cost of such family coverage or $318.41 per month, whichever is less. When such early retiree attains age 65,the provisions of Article 12.12 shall apply. 12.10 This Article shall apply to employees who: 12.10.1 Retire on or after 7anuary 1, 1996, and 12.10.2 Were appointed on or before December 31, 1995, and 12.10.3 Have not attained age 65 at retirement, and 12.10.4 Meet the terms set forth in Article 12.8 above, and 12.1Q.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 maYimum of $350.00 per month toward the premium for single or family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. When such early retiree attains age 65, the grovisions of Article 12.13 shall apply. 12.11 This Article shall apply to employees who: 12.11.1 12.11.2 12.11.3 12.11.4 12.11.5 Retiree on or after January 1, 1996, and Were appointed on or after January 1, 1946, and Have not attained age 65 at retirement, and Meet the terms set forth in Article 12.8 above, and Select a health insurance plan offered by the Employer. 10 �'I - 535 ARTICLE 12 - INSURANCE (Early Retirees continued) Until such retirees reach sixty-five years (65) of age, the Employer agrees to contribute a maximum of $300.00 per month toward the cost of single or family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. R'hen such early retiree attains age 65, the provisions of Article 12.14 shall apply. Regular Retirees (Age b5 and over) 12.12 This Article shall apply to employees who: 12.12.1 Retire on or before December 31, 1495, and 12.12.2 Have attained age 65 at retirement, and 12.12.3 Meet the terms set forth in Article 12.8 above, and 12.12.4 Select a health insurance plan offered by the Bmployer. The Employer agrees to contribute 100% of the single or family premium for any health insurance plan offered to regular retirees and their dependents by the Employer. This Article shall also apply to early retirees who retired under the provisions of Article 12.9 when such early retiree attains age 65. 12.13 This Article shall apply to employees who: 12.13.1 Retire on or after 7anuary 1, 1996, and 12.13.2 Were appointed prior to January i, 1996, and 12.13.3 Have attained age 65 at retirement, and 12.13.4 Meet the terms set forth in Article 12.8 above, and 12.13.5 Select a health insurance plan offered by the Employer. The Employer agrees to contrihute a maximum of $SSO.QO per month toward the premium for single or family health insurance coverage offered to regular retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. Tfris Article shall also apply to early retirees who retired under the provisions of Article 12.10 when such eazly retiree attains age 65. 12.14 This Article shall apply to employees who: 12.14.1 12.14.2 12.143 12.14.4 12.14.5 Retire on or after January 1, 1996, and Were appointed on or after 3anuary 1, 1996, and Have attained age 65 at retirement, and Meet the terms set forth in Article 12.8 above, and Select a health insurance plan offered by the Employer. 11 97-535 ARTICLE 12 - INSiTRANCE (Regtttar Retiree continued) The Employer agrees to contribute a maximum of $300.00 per month toward the premium for single or family health insurance coverage offered to regulaz retirees and their dependents. Any unused portion of the Employer's contribution shalt not be paid to the retiree. This Article shali also apply to early retirees who retired under the provisions of Article 12.11 when such early retiree attains age 65. 12.15 The contributions indicated in this Article 12 shall be paid to the Employer's third party administrator or designated representative. 12.16 This section dealing with retiree insurance dces not effect retirees who retired prior to the fuily signed 1994-19961abor contract. ARTICLE 13 - VACATION 13.1 Tn each fiscal year, each Full-time employee shall be granted vacation according to the following schedule: Years of service 56 hour EmploYees lst yeaz thru Sth year 112.0 hours * 6th year thiu 15th yeaz 168.0 hours ** 16th yearthru 25th year 235.0 hours *** 26th year and beyond 246.4 hours **** * (2 x designated work week) '� * (3 x designated work week) *** (4.2 x designated work week) ****(4.4 x designated work week) 40 hour Em�lo,Yees 112 hours (14 days) (.0539} 160 hours (20 days) (.0769) 200 hours (25 days) (.0962) 20& hours (26 days) (.1000) 13.2 The department head may pernut Employees to carry over into the following fiscal year, vacation time equivalent to three work weeks. Vaca6on schedules shall be fixed by the department head. An Emgloyee not working full-time shall be granted vacation on a pro-rata basis. 13.3 Employees separated from employment by reason of resignation shali be granted such vacation pay as has been earned and remains unused at the time of separation, provided notification of resignation has heen sent to the depart[nent head, in writing, at least fifteen (15) calendar days prior to the date of resignation. Employees separated from employment by reason of discharge, retirement, or death shall be granted such vacation pay as has been earned and remains unused at the time of s�pararion. Employees granted more vacation time than earned at the tune of separation from employment shall pay the Employer for such unearned vacation. 12 9� 53 5 ARTICLE lA - HOLIDAYS 14.1 In additian to what is provided in Saint Paul Ordinance No. 644G, add one additional floating holiday which is to be added to the vacation schedule by increasing vacation by .2 (two-tenihs) times the number of hours designated as the work week. 14.2 Effective 1986 and in addition to 14.1 above, add one additional holiday (Martin Luther King Day) to the vacarion schedule by increasing vacauon by .2 (two-tenth} tunes the twmber of hours designated as the work week. 143 In addition to what is provided in Section 14.1 and 14.2 above, and the St. Paul Ordinance No. 6446, add one additionai tour of duty holiday. In each year of ttus agreement, this tour of duty Holiday may, at the option of the employee: (1) Be added to the employee's vacation schedule, or (2) the emplayee may choose to receive payment at his regular rate of pay in lieu of taking time off on the additional tour of duty Holiday provided herein. If the Employer has not received and approved an employee's request for his/her additional tour of day Holiday time off by November 15 of each calendar year, such employee can only receive payment at the regular rate of pay and can nc> longer elect to take time off for that calendar year. Such payment shall be made no Pater than the last regularly scheduled pay day of that calendar year 14.4 For those employees assigned to a work week other than Monday through Friday, the holiday shall be observed on the calendar date of the holiday. 14.5 Eligibiliry for Holiday Pay and Fioating Holidays shall be in accordance with Section 1 (one) Subsection I of the Salary Plan and Rates of Compensation Resolution. ' I. •�� '�' 15.1 Sick leave shali be eamed and granted in accordance with the Civil Service Rules. 15.2 In the case of a serious illness or disability of an employee's child, pazent or household member, the head of the department shall grant leave with pay in order for the employee to care for or make arrangements for the care of such sick or disabled persons. Such paid leave shall be drawn from the employee's accumulated sick leave credits. IIse of such sick leave shall be limited to the number of hours designated to be the employee's work week per incident. 15.3 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 grandpazent or grandchild. 13 97-535 A.RTICLE 15 - SICK LEAVE AND P RFNT L LEA ( ontinuedl 15.4 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. 15.5 Ivlaternitv and Parentai L.eave. Pregnant emgtoyees of the City of Saint Paul shall be eligible for ffie use of paid sick leave and unpaid leave of absence in the same manner as any other disabled or ill City employee. Such paid sick leave eligibility shall begin upon certification by the employee's attending physician that the employee is disabled in terms of her ability to perform the duties of her position. A twelve (12) month Parental leave of absence wiffiout pay shall be granted to a natural parent or an adoptive parem, who requests such leave in conjunction with the birth or adoption of a child. Such leave may be extended an additional twelve (12) months by mutual agreement between the employes and the Employer. Refusal on the part of the Employer to grant an extension of such leave shall not be sub}ect to the provisions of Article 6 of this Agreemeait. Employees who return :oflowing 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. ARTICLE 16 - SEVERA�TCE PAY 16.1 Effective January 1, 1990, the employer shall provide a severance pay program as set forth in this Article 16. 16.2 To be eligible for the severance pay program, an employee must meet the following requirements: 16.2.1 The employee mast be voluntazily separated from City employment or have been subject to separation by lay-off or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City Severance pay prograzn. 16.2.2 The employee must file a waiver of reemployment with the Human Resources Director, which will cleariy indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemgloyment (of any type), with the City or with Independent School District No. 625. 16.2.3 The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at ffie time of his sepazation from service. 14 �17-53� . , �_�•� � �� 16.3 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 ffie employee on the date of sepantion for each day of accrued sick leave subject to a maYimum as shown below based on the number of years of service with the City. Yeazs of 5ervice Maximum with the Citv Severance Pav At least 20 $ 5,000 21 6,OOQ 22 7,000 23 8,000 24 9,000 25 10,000 However, any employee separated from City employment on or after 3anuary 1, 1992 who has an accumutated balance of at least one thousand eight hundred fifty (1,850) hours of sick leave credits and at lease ewenty-five (25) years of service at the time of his/her separation from service shail be granted severance pay in the amount of thirry thousand dollars ($30,000). Employee with twenty (20) or more years of service who is ruled disabled and is receiving a disability pension and who has 1850 hours of accumulated sick leave shall be allowed the maximum severance benefit of $30,000. The manner of payment of such severance pay shall be made in three consecutive annual payments of ten thousand doilars ($10,000) each. The annual gayments shall be made in February of each year. The first payment shall be made during the month of February in the year foilowing the year in which the employee separates hislher employment. 16.4 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the empioyee's estate or spouse. 16.5 For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 16.6 The manner of payment of such severance pay shali be made in accordance with the provisions of Ciry Ordinance No. 11490. 16.7 The manner of payment of severance in amounts of ten thousand dollars ($10,000) or less shall be made in accordance with the provisions of City Ordinance No. 11490. 15 97-53 5 ARTICLE 17 - WAGES 17.1 When the 1994 rates for Fire Captain Paramedic are determined, the steps in the 1994 salary range for District Fire Chief shall be adjusted to reflect a fifteen percent (15%) differential above the corresponding step in the 1994 salary range for Fire Captain Pazamedic. The 1994 Fire Captain Paramedic rates on wluch the 15 % differential is based shall not include any amount that has been added to the Fire Captain Paramedic's rate in lieu of an Employer's insutance contribution. Ttus same process shall be repeated to detemvne the final 1995 and 1996 rates for the title of District Fire Cluef. The biweekly rates for tifles other than District Fire Chief covered by this Agreement shall be adjusted each year to reflect the percent as shown below of the 1994, 1945 and 1996 rates applicable to the title District Fire Cluef. TITLE Fire Dispatch Supervisor Assistant Fire Marshal Emergency Preparedness Coordinator Fire Communications Chief Fire Training Officer Chief Fire Investigator Deputy Fire Chief Fire Marshal Emergency Paramedical Service Chief PERCENT of DISTRICT FIRE CIiIEF 85.7% 91.3% 92.9 % 100.0% 100.0% 100.0% iQ8.3 % 108.3% 108.3% Such adjustments shail be effective on the first day of the first payroll period of the respective year. The wage schedule for the purpose of this Agreement shail be Append'uc B attached hereto. 17.2 Any Fire Captain assigned as a paramedic with 15 years of serv3ce who is promoted to District Fire Chief shall begin at the 10 year step effective January 1, 1944. • • i, 18.1 The residency requirements as passed by the Ciry Council on Decembet 30, 1983, under Council File No. 279643, shall apply to all employees covered by this Agreement. 16 q?- 535 � � � �, 19.1 Employees injured during the course of employment and thereby rendered incapable of performing job duties and responsibiliues shall receive full wages during the period of incapacity, not be exceed the period equal to twelve (12) months plus accumulated sick leave. It is understood that in such cases, the twelve (12) month period shall first be utilized and only when same is exhausted shall accumulated sick leave be applicable. 19.2 Employees disabled through injury or siclaiess other than specified in Section 19.1 above shall receive full wages for a period equal to accumulated sick leave, plus six (6) months as provided herein. It is understood that in such cases, accumulated sick leave shall first be utilized before the six (6) months, or any part thereof, shall be applicable. It is further understood that the six (6) month period shall be available to members in this unit only in those years where the last available Annual Report of the City Civil Service Office shall show average sick leave used per member of the Saint Paul Rire Department (based on the 1972 Annual Report method of calculating same), of eight (8) days or less. 19.3 Employees injured or incapacitated by illness in the line of duty sha�3 be entitled to reinstatement at any time within five (5) years from the date of injury or incapacity provided they are physically capable of resuming theirjob. 19.4 Except as specifically provided in this Article, all illness and incapacity rules and policies previously in effect shall continue. �G��31�C��3i � � �� i � � � Y i. 20.1 Policy: The Fire Department recognizes illegal drug and alcohol usage as a threat to the public welfare and the empioyees of the department. Thus, the Fire Deparnnent will take the necessary steps, including drug and alcohol testing, to eliminate illegal usage. It is the goal of this policy to prevent and rehabilitate rather than tenninate the employment of workers who are abusing drugs or alcohol. No member of the �ire Department shall be discharged for illegal drug or alcohol use without first having been offered the opporiunity to discontinue use either through personal choice or by treatment for chemical dependency, if such ueatment is needed. The Union agrees, at the Employer's xequest, to re-open negotiations of this Article during the term of this Agreement. 20.2 Informing Employees About Drug and Alcohol Testing: All employees will be fully informed of the Fire Deparhnent's drug testing policy before testing is administered. Employees will be provided with information conceming the impact of the use of drugs or alcohol on job performance. In addition, the employer shall inform the empioyees of how the tests are conducted, how well the tests perform, when the tests will be canducted, what the tests can determine, and the consequences of testing positive for drug or alcohol use. All newly hired employees will be provided with dus information on their initial date of hire. No employee shall be tested until this information is provided to him. 17 q �-53 5 ARTICLE 20 - DRUG AND ALCOHOL TF TING (Continued) 20.3 Employee Testing: No employee will be tested for drug or alcohol abuse unless there exists reasonable suspicion to believe that the employee to be tested is under the influence of illegal drugs or alcohol. Random or mass testing is prohibited. No such testing may be conducted without the written approval of tt�e o�cer in charge of the unit. The officer in charge must document in writing who is to be tested and why the testing was ordered. Failure to follow any of these procedures shall result in the elimination of the test results as if no test had been administered. The test resulu shall be desuoyed and no discipline shall be levied against the employee. 20.4 Urine collection shall be conducted in a manner which results in a legally acceptable sample as well as providing a high degree of security for the sample, freedom from adulteration of the sample, the highest possible accuracy of the clinical results while at the same time preserving the dignity of the employee. Administrative procedures shall be such as to prevent the submission of fraudulent tests. When appropriate, biologic testing of the samples may be included as part of such administrative procedures. In testing which could result in employee discipline, if the test zesult is positive, a spiit sample shall be reserved for independent analysis which shall be performed at the request of the affected employee. Upon request, an employee shall be entiYled to the presence of a union representative before testing is administered. 20.5 Testing Procedures: All samples shall be tested for Chemical Adulteration, Narcotics, Cannabis, PCP, Cocaine, Amphetamines, Alcohol and Sedatives. The testing shall be done by a Selected Laboratory and the following standards shall be used: Drug Testing Standards Alcohol � � � � Amphetamine .02 concentration as shown hy an analysis of urine � �� � •..�� • �• �K�� Amphetamine Methamphetamine Cocaine metabolites Benzoylecgonine Marijuana metabolites delta-9-THC-9-COOH Opiate metabolites Codeine Total Morphine Phencyclidine PCP Inirial Test levei ng/m1 1,0(70 nglmi 1,000 ng1m1 300 nglml 15 ng/ml 300 ng/ml 300 ng/ml 25 ng/ml GGMS Gonfirmation 500 ng/ml 500 ng/m1 150 ng/ml 15 ng/ml 300 ngfml 300 ng/ml 25 ng/ml m 97-535 i � � � � ._ � • �_ 4h � � � • �, � � � � Barbiturates Benzodiazepine metabolites Methadone Methaqualone Propoxyphene Drug or metabolite detected Secobazbital Pentobarbital Phenobarbital Butabazbital Oxazepam Methadone Methaqualone Propoxyphene Norpropoxyphene Initial Test vl 1 300 ng/ml 1,000 ng/ml 3,000 nglml 1,000 ng/ml 300 ng/ml 300 ng/ml 300 nglml 300 ng/ml 300 ng/ml GC/MS �onfirmarion 1,000 ng/ml 1,000 ng/ml 1,000 ng/ml 1,000 ng1m1 300 ng/ml 300 ng/ml 300 ngJml 300 ng/ml 300 ng/ml Any sample which has been adulterated or is shown to be a substance other than urine shall be reported as such. All samples which test posirive on a screening test shall be confirmed by gas chromatography-mass spectrophotometry, and no records of unconf'umed positive tests shall be released or retained by the laboratory. Testing shall be conducted in a tnanner to insure that an employee's legal drug use does not effect the test results. All results shall be evaluated by a suitably uained occupational physician or occupational nurse prior to being reported. Test results shall be treated with ffie same confidentiality as other employee medical records. The test results shall not be reported outside the Fire Departmern. 20.6 Chemical Dependency Program: Each person whose urine tests positive for illicit drugs shall be medically evaluated, counseled and treated for rehabilitation, if required. In addition, at any time an employee may voluntarily enter the chemical dependency program without feaz of disciplinary actions against him. This Program is designated to provide care and ueatment to employees who are in need of rehabilitation. Details concerning treatment any employee receives at this Program shall remain confidential and shall not be released to the public. The empioyee shall be responsibie for the cost of treatment. No employee shall be relieved or uansferred to other than his usual duties on the basis of one test result although the employee may be re-evaluated for his duty assignment. When undergoing ueatment and evaluation employees shall receive the usual compensation and fringe benefits provided at their assigned position. 19 g�-535 ARTICLE 20 DRU T OHnT CTnv(° (Continued) 20.7 Right of Appeal: Each employee has the right to challenge the results of dmg or alcohol testing in the same manner that he may grieve any managerial action. 20.8 Duty Assignment After Treatment: Once an employee successfully completes rehabIlitation, he shall be returned to his regulaz duty assignment. Employee reassignment during ueaunent shall be based on each individual's circumstances. If follow-up care is prescribed after treatment, this may be a condition of employment. Once treatment and any follow-up care is completed, at the end of two years the records of treatment and positive drug or alcohol test results shall be retired to a closed medical record. The employee shall be given a fresh start with a clean administrative record. 20.9 Right of i3nion Participation: At any tune, the Union, upon request, will have the right to inspect and observe any aspect of the drug and aicohol testing program with the exception of individual test results. The Union may inspect individual test results if the release of this information is authorized by the employee involved. 20.10 Union Held Harmless: This drug and alcohol testing program is solely initiated at the behest of the employer. The Fire Department shall be solely liable for any legal obligations and costs arising out of the provisions andlor application of this collective bargaining agreement relating to drug or alcohol testing. The Union sha11 be held harmless for the violation of any worker rights arising from the administration of the drug or alcohol testing program. 20.11 Conflict with Other Laws: This Article is in no way intended to supersede or waive an empioyee's federal or state constitutional rights. ARTICLE 21 - OVERT 21.1 Employees required to work in excess of their assigned tour of duty will be compensated at the rate of one and one-half (1.5) times the employee's normal rate. Such compensation shail be made in cash or in compensatory tune at the option of the Employer. � „ � �� �.� 22.1 The Employer may discipline employees in any form listed below: Oral Reprimand Written Reprimand Suspension Demotion 9 ?-535 The Employer will discipline employees for }ust cause only and in accordance with the concept of progressive discipline. Empioyees who are disciplined pursuant to the terms of this Article may appeal the Employer's disciplinary action through the grievance procedure set forth in Article 6 of this Agreement or to a Civil Service authority pursuant to the rules and procedures of such authority. ARTICLE 23 - POSTTION OPENIiVGS 23.1 To expedite the filling of vacancies under the civil service procedures, the head of the department or designated representative will: Make requisidon for certification of eligibles to fill a vacancy within fifreen (15) days aftex determuring that a vacancy exists. Within fifteen (15) days after the department head has met with the certified eligibles, he/she will fill the vacancy. If no eligible list is in effect when a vacancy occurs, the department head shall, within fifteen (15) days, request the Human Resources D'uector to conduct an examination for the purpose of establishing an eligible list. Nothing in this Article 23 shall be construed to eluninate or lessen the Deparhnent Head's right to detertnine the number of employees in any class title. 21 1 � 1£ i n� 9?-535 � � . � � 24.1 Except as herein provided, tlus Agreement shall be effective as of the date the Agreement is executed by the parties, and shall continue in full force and effect through the 31st day of December, 1996, and thereafter until modified or amended by mutual agreement of the parties. Bither party desiring to auiend or modify this Agreement shall notify the other in writing so as to comply with the grovisions of the Minnesota Public Employment Labor Relauons Act of 1984. 24.2 The wage schedule attached hereto as Appendix "B" shall take force and effect at such time as is specified in the administradve resolution recognizing and approving this Agreement in accordance with Section 12.09 of the Saint Paul City Charter. Signed this 24th day of Apri1,1997 CITY OF SAINT PAUL ���-�. / Mary . Kearney City Labor Negotiator SAINT PAUL FIRE SiTPERVISORY SSOCIATIO J Colonna, President �� V 22 s�� ,►�► . Regulation "West Point" long sleeve police shirt Regulation "West Point" short sleeve police shirt Ranking Officer's white uniform shirt, long sleeve, West Point 75flOC Ranking Officer's white uniform shirt, short sleeve, West Point 75Q(!C Jersey type long sleeve sweat shirt, navy blue - Wilson 8632 Jersey rype 3/4 sleeve sweat shirt, navy blue - Wilson 8632 Fechheimer Bros. navy blue trousers 32200 Fechheimer Bros. navy blue trousers 32250 Jacket - Light weight, waist sryle Fechheimer 32100 Fur coat - Energy 100FD - Sizes 48 - 50 add 10% - longs add 10% Jacket - California thermal chief - Horace Small Parka - Navy - Butwin 111SP Regular sizes 34 - 46 Extra sizes 48, 50, 52, Long Liners for summer uniform fue fighter jacket - Pechheimer Bros. 32704 Sewing Costs: No cost when ordered with jacket, otherwise .. Caps Trooper Cap Chiefs Navy-Stype Midwest-N.W. 8 pt. Midwest-N.W. Belts - leather - black - 1.5 inch Shoes Wedge style oxford - Red Wing shoe #101 Slip on sryle oxford - FLOAT-AWAYS #J5347 Slip on style oxford - FLOAT-AWAYS #J5318 Lace style oxford - FLOAT-AWAYS Z5096 Slip on style oxford Weinbrenner 1635 Slip on style oxford Weinbrenner 1435 Lace style oxford T5152 Mocc toe Lace style oxford Weinbrenner 1225 Lace sryle oxford Weinbrenner 1250 Socks Munsingweaz #40 Munsingwear #415 - siretch style Ties - black, 4-in-hand, or snap-on style A1 9 I ��� ,� „ _ APPENDIX B: BIWEEKLY RATES Sa3ary ranges applicab3e to tities covered by this Ageement shal] be az shown below: Effective January 1, 1994: Effective December 24, 1994: Effective June 24, 1995: Effective December 23, 1995: Zero percent (0%) One and a half percent (1.5%) increase One percent (I%) increase Two and a half percent (2.5%) increase GRADE 041 FIRE DISPATCH SUPERVISOR Effective 01-� 1-94 12-24-94 06-24-95 12-23-95 A B C �1) �2) �3) 1573.75 1651.47 1733.12 I 597.36 1676.24 1759.12 161333 1693.00 ]776.�1 1653.66 173533 1821.13 D E F (4) (5) (6) 1802.30 1893.44 I 969.46 182933 1921.89 1999.00 1847.62 1941.11 2018.99 1893.81 1989.64 2069.46 GRADE 044 ASSISTANT FIRE MARSI-IAL 01-01-94 12-24-94 06-24-95 ]2-23-95 Q 1-� 1-94 12-24-94 06-24-95 12-23-95 1676.59 1701.74 1718.76 1761.73 17�5.96 1731.55 1748.87 179259 175939 184637 1920.07 2017.22 2098.16 1785.78 1874.07 1448.87 2047.48 2129.63 1803.64 1892.81 1968.36 2067.95 2150.93 1848.73 1940.13 2017.57 2119.65 2204.70 10-YR. t�) 2070.79 2101.85 2122.57 2175.94 2206.10 2234.14 2261.58 2318.12 GRADE 045 EMERGENCY PREPAREDNESS COORD 1790.22 1878.73 1953.71 2052.57 2134.93 2244.76 1817.07 1906.91 1983.02 2083.36 2166.95 2278.43 1835.24 1925.98 2002.85 2104.19 2188.62 2301.21 1881.12 79'74.13 2052.92 2156.79 2243.34 2358.74 GRADE 046 CHIEF FIRE INVESTIGATOR FIRE COMMUNICATIONS CHIEF FIRE DISTRICT CHIEF FIRE TRAINING OFFICER 01-�1-94 12-24-94 06-24-95 12-23-95 183635 ] 863.90 1882.54 ] 929.60 1921.04 1955.95 ]9'T5.51 2024.90 9�-535 15-YR. tg) 2121.48 215330 2174.83 2229.20 2260.10 2294.00 2316.94 2374.86 2299.71 2334.21 2357.55 2416.49 202231 2103,03 2209.44 2298.09 241632 2475.47 2052.64 2134.58 2242.58 2332.56 2452.56 2512.60 2073.17 2155.93 2265.01 2355.89 2477.09 2537.73 2125.00 2209.83 2321.64 2414.79 2539.02 260117 GRADE 049 DEPUTY FIRE CHIEF EMER PARAMEDICAL SERV CHIEF (EFF. 9-12-96) FIRE MARSHALL 01-01-94 12-24-94 06-24-95 12-23-95 1958.77 2018.60 2038.79 2089.76 2086.98 2118.28 2 ] 39.46 2192.95 2790,16 2277.58 2392.82 2488.83 2616.8� 2680.93 2223.01 2311.74 2428.71 2526.16 2656.12 2721,14 2245.24 2334.86 2453.00 2551.42 2682.65 274835 2301.3� 2393.23 251433 2615.21 2749.75 2817.06 B1 Council File # 9�1-53 5 �,�,,�:��� � � �� f,. � � � � � ' * j %'� " d �5 " @J 3 ti '3 I —,. Presented Referred To RESOLUTION 41NT PAUL, MINNESOTA Green Sheet #35890 �a� Committee Date 1 2 3 RESOLVED, that the Council of the City of Saint Pau1 hereby approves and ratifies the attached 1994 - 1996 Collective Bazgaining Agreement between the City of Saint Paul and the Saint Pau1 Fire Supervisory Association. Requested by Department oE Office of Labor Relations By: �� � Form App ved��ttorney „ By: 1 '�. ��( / � Certified by Council Approved by Mayor: Date Approved by Mayor for Submission to Council B � � Adopted by Council: Date �� \ o_�.., �1 1 I'19 �l DEYART'MENT/OFFICE/COUNCIL: DATE INITIATED � r LABOR RELA'TIONS Apri128, 1997 GREEN SAEET No.: 35890 �� � CONTACT PERSON & PHONE: ,� IMTTAL/DATE �NI'i'IAUDpTE Angie Nalezny 266-6498 p�IGN i nEr.vzan�rrr D a crrr couracn, NUMBER 2 CITY ATTORNEY��� CITY CLERK MI7ST BE ON COUNCIL AGENDA BY (DATE) FOR BUDGEf DIR. FIN. & MGT. SERVICE DIR. ROUTING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNATUAE PAGES 1 (CLIP ALL LOCATTONS FOR SIGNA7'URE) acriox xEQUes�n: This resolution approves the attached 1994 -1996 Collective Bazgaining Agreement between the City of Saint Paul and the St. Paul Fire Supervisory Association. The terms and conditions of this Agreement were submitted to binding Interest Arbitration through the statutory azbitration process; the terms submitted herein reflect the Arbitration Award as ordered by Arbitrator Sharon K. Imes on February 13, 1997. RECOMIvfENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST AN5WER THE FOLLOWING QUESTIONS: _PLANNING COMMISSION _CML SERVICE COMIvIISSION I. Haz this person/fivn ever worked under a contract for this departrnent? ' _CIB COMM[1'IEE Yes No STAFF 2. Has this persoNfivn ever been a ciry employee? _DISTRiCT COUAT Yes No � SUPPOATS WHICH COiJNCiL OBJECT7VE? 3. Dces this person/firm posuss a skill not nortnaily posse�- . oy any current city employee? Yu No Explain all yes answers on separate sheet aod attach to green sheet IIViTIATING PROBLEM, ISSUE, OPPORTUNITY (Who, W6at, When, Where, Why): nnvniv�rncES iF nrrxoven: An Agreement in place through December 31, 1996. ��� �,,,, ,,���� �, ��� RECEIVE� E���°t Q �. i�97 DISADVANTAGES IF APPROVED: NOriC. A ' '.?.�...- r�✓:nuv�a.s{.L.r.MN.�`e� Y �iAYOR'S QfFIC� APR 29 1997 n�snuv,�rracES iF xor nrrxovEn: The City will commit an unfair labor practice, as de ne m ec ion 9A.13. TQTAL AMQUNT OF TRANSACITON: COSTIREVENUE BUDGETED: FONDING SOURCE: ACT[VI'1'Y NUMBER: F1NAAtCIAG INFORMAiION: (EXPLAiI� See aUS.ched Unifocm Settlement Form r 7 ATTACHIl�NT TO GREEN SHEET f�` S� S 1994-1996 F'IRE SUPERVIS012Y ASSOCIATION Below represents the changes for the 1994-1996 Collective Bargaining Agreement between the City of Saini Paul and the Fire Supervisory Association as a result of Interest Arbitrarion. DURATION This contract will be effective January 1, 1994 through December 31, 1996. E� 3. L! � WAGES Effective OI-Ol-94: No wage increase. Effective 12-24-94: 1.5°lo base wage increase. Effective 06-24-95: 1.0% base wage increase. Effective 12-23-95: 2.5% base wage increase. The wage increases aze to be made retroactive for all employees covered under the 1994- 1996 Collective Bazgaining Agreement, including any employees who may have retired during the term of this agreement. WAGES - PLACEMENT ON PROMOTION (11.2) Any Fire Captain assigned as a paramedic with 15 years of service who is promoted to District Fire Chief may begin at the 10 year step effective January 1, 1994. GRIEVANCE PROCEDURE The parties agree to agree to add voluntary grievance mediation between steps 3 and 4. ACTIVE HEALTH INSURANCE Below are the City contribution levels to health insurance premiums for active employees. The City will return any unused benefit dollazs to the employee. 1l1J94 1J1J95 UU96 Single $316.97 $300.00 $300.00 Family $333.96 $34431 $355.38 Survivor Insurance: In the event of the death of a early or regular retiree, the Employer agrees to provide health insurance to dependents at the benefit level said retiree previously had. In the event of the death of an employee killed in the line of duty, the Employer will contribute 100% of the premium for either single or family health insurance coverage for eligible dependents at the employee's option. RETIREE HEALTH INSURANCE For Employees retiring on or before 12{31195: Early Retiree Insurance The City will contribute $10632 per month toward the single health insurance preu�ium and $318.41 per month toward the dependent health insurance premium. Regular Retiree Insurance Full single and full dependent coverage Attachment to Green Sheet 1994-1996 Fire Supervisory Associarion Page 2 RETIREE HEALTH Il�iSURANCE, cont. For Employees retiring after 12l31/95: Early Retiree Insurance ��� �535 Far employees hired prior to 1/If96 The Ciry will contribute a m�imum cost of $350 per month toward the retiree and dependent health insurance benefit offered by the Employer. For employees hired on or after 1/1/96 The City will contribute a maximum cost of $300 per month towazd the retiree and dependent health insurance benefit offered by the City. Regular Retiree Insurance (Iietirees age 65 and over) For employees hired prior to 1/1/96 The City will contribute a maJCimum cost of $550 per month toward the retiree and dependent health insurance benefit offered by the Employer. For emplayees hired on or after 1/1l96 The City will contribute a maxunum cost of $300 per month toward the retiree and dependent health insurance benefit offered by the Employer. 7 .3 DRUG AND ALCOHOL The parties agree to modify the marijuana and alcohol positive test result levels. Marijuana 15 ng/m1 Alcohol 0.02 concentration as shown by an analysis of urine Under Employee Testing (20.3), the parties agree to change the term "probable cause" to "reasonable suspicion." VACATION The vacation for 40 hour employees was increased as foliows: 0- 5 yrs from 80 hours to 112 hours 6- 15 yrs from 120 hours to 160 hours 16 - 25 yrs from 168 hours to 200 hours 26 + from 176 hours to 208 hours The new schedule is as follows: Years of service 56 hour Employees 1 st yeaz thnt Sth yeaz I 12.0 houts 6th year thru 15th year 168.0 hours 16th yeaz thru 25th year 235A hours 26th year and beyond 246.4 hours 40 hour Emplovees 112 hours (14 days) 16Q hours (20 days) 200 hours (25 days) 208 hours (26 days) m q�_ 53S m n c ° a ° m u�i = n o m M v � v a � a w e N a w ur O a ° m m '¢ m m m ° m m iO m m m � ° n n n � m m N � V m o. � � m � n m � f/� L'� �� � o a E ` � @ � `m ti m E m m > Q U �i S y� m� '� 0 - y_ w� � a o m �» � Q T c a o _ � c o m '� ; m m p � q ° a a q r ` n m °� „`o_ .� 3' ° m ..° m 3 c m m m s m ° m F ' m w rn � r. 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O� o � U c � a� � o _ :? � q "A - y w m �� a a S a in E 3� � 3 � .�O` c 3 m �2 � 3� � m m e a�'i m � � L w w n w 5 w� w�O w w ar w' w xi � m t N d y�..�°'. 3� 3 3 3 0 3 3 3� ��E � c¢ 3� E � ?+ � v o z� z z � z" a � s" z z z o z 8 z � z� � r LL a �°- � 3 x a W M I� V Cl O � �W N O 3 O N f� s O a 1D � W W W �1+ W W C N rv � m m w n m m M m ei M O N N � m � o � � � @ C m � 0 � A W � m s �i tS� m& j[� G W R t N � m � v U D} � N.G a in o� � c Q m w a w 3 O a o�° a Y� � C m m p �m m� �m $ m� m m�E m E m X� m� e� N � m� b " � o m w m t m w w� a� m o � E o w o O a o� n � � a � W �O N Of m 01 � M N N � N W p W K 19 � V o � Q a N P N Q 0 m F m m O � N Ol C N 0 1� O � y � = . � a0 N 0 }� � g� v l � � � w 5 @@ a c E � E. `m E L V 5 5 t o � � � o � ri _ ul , m W o � °+ `m m �� E m n �5 a r. g '3 N °1 �2 � ,2 ` o � m .`o_ w � c E � �i m � � p � � � a LL m � 2 w ws w� w Z � w " x�p �n� �' �n°n zm m uuv a N o Y � &; N O � N & 3 � 0 iC � N O N� O � E � g N j L% � C C Z 2 Z V Z� Z� Z Z Z � f� 2 U Z v �J F LL e F q J e L W E � i � M W C! P Q � o�� o Y�. y T O t�D ` N N Y Q o w � � d � � o t�N A A M O o E m a N m +D � H c0 - m v' o c m N � W y N E y w � � b Q S m P m � O � N N q� � � ° a o o � � o° d � m . II , m � � � z fi L � m A r w `� `a'� @ m E S v w � m � g r�n g� E Q o �� r�n d w� a a 'o `o � i m ='& Y w C m m �� �i �' m 5 n.� �� v m �'E n E W�� n m � k m � 0 m m m t) m o` U m= m� m� m � m t') m[�i m 3 U m r U 5 5:� „ ., q�. s �s 1994 -1996 AGREEMENT - between - THE CITY OF SAINT PAUL - and - THE SAINT PAUL FIRE SUPERVISORY ASSOCIATION .. q �-.535 �� ► ARTICLE TTTLE PAGE 1 Purpose ..............................................1 2 Definitions . • • - • • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i 3 Recognition ...........................................2 4 Security ..............................................3 5 Employer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Savings Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Uniform Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 LegalServices ..........................................7 10 Seniority .............................................7 il Ca1lBack .............................................7 12 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13 Vacation .............................................12 14 Holidays .............................................i3 15 Sick Leave and Pazental Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 16 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 17 Wages ..............................................16 18 Residence ............................................16 19 Incapacitation ......................................... 17 20 Drug and Alcohol Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . 17 21 Overtime ............................................20 22 Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 23 Position Openin$s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 21 Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Appendix A ..................................... A1 Appendix B ......................................Bi i �1�535 ►.:��z� � ,: �. 1.1 The Emplayer and the Saint Paul Fire S�pervisory Association (SPFSA) agree that the purpose of entering into ttus Agreement is to: 1.1.1 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of performance tbat is consistent with the well being of ail concemed. 1.1.2 Establish the full and complete understanding of the parties concerning the terms and conditions of this Agreement. 1.1.3 Establish procedures to orderly and peacefuliy resolve disputes as to the application of interpretation of this Agreement. 1.1.4 Placx in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. . ' t �� , � 2.1 Association: Saint Paul Fire Supervisory Association (SPFSA) 2.2 Employer: The City of Saint Paul 2.3 Association Member: A member of Saint Paut Fite Supervisory Association (SPFSA). 2.4 Empioyee: A member of the exclusively recognized bargaining unit as certified by the State Bureau of Mediation Services in Case No, 18-PR-1056-A dated August l, 1978. 2.5 Vacancy: As deternuned by the deparhnent head, a funded position opening in a class specified in Article 3.2. 2.6 Position: Any specific office, employment or job in the Fire Degarnnent in a class specified in Article 3.2. 2.7 Tour of Duty: A. For a fifty-six (56) hour work week employee: The performance of job duties and ac�eptance of the responsibilities of a position for a consecutive and uninterrupted twenty-four (?A) hour period from 8:00 a.m. on a calendar day to 5:00 a.m. on the following calendar day. B. For a forty (40) hour work week employee: The performance of job duties and acceptance of the responsibilities of a position for a consecutive and uninterrupted eight (8) hour period within a calendar day. f1 97-53 5 ARTICLE 2 - DEFINITIONS (Continued) C. Notwithstanding B above, employees assigned to a forty (40} hour work week may, through mutual agreement with the Emgloyer, work schedules other than schedules limited by B above. Overtime compensation for employees working under such agreements shall be subject to the provisions as set forth by the Fair Iabor Standards Act. 2.8 Department: The fire department of the City of Saint Paul as established and amended from time to time pursuant to Section 9.01 of the Ciry Charter. 2.9 Overtune: Work performed by an Employee in excess of the Employee's tour of duty by order of the Empioyer. 2.10 Overtime Pay: For employees assigned to a fifty-six (56) hour work week, overtime pay, for the purpose of Article 21, will be based on a fifty-six (56) hour work week. For employees assigned to a forty (40) hour work week, overtime pay, for the purpose of Article 21, will be based on a forty (40) hour work week. .. . � � 3.1 The Employer recognizes the SPFSA as the exclusive representative for the purpose of meeting and negotiating the terms and conditions of employment for supervisory Fire Department personnel. 3.2 Job classes which aze within the bargaining unit and covered by this Agreement are as follows: Assistant Fire Marshal Chief Fire Investigator Deputy Fire Chief Disuict Fire Chief Fire Communications Chief Fire Dispatch Supervisor Emergency Paramedical Services Chief Emergency Prepazedness Coordinator Fire Marshal Fire Trauring Officer 3.3 In the event the Employer and the Association are unable to agree as to the inclusion or exclusion of a new or modified job position, the issue shall be submitted to the Bureau of Mediation Services for determination. 2 91-535 r��� � � 4.1 The Employer shall deduct from the wages of Employees who authorize such a deduction in writing an amount necessary to cover monthly Associarion dues and assessmems. Such monies shall be remitted as d"uected by the Association. 4.2 The Association may designate Employees from the bargaining unit to act as stewazds and shall inform the Employer in writing of such choice. 4.3 The Associauon agrees to indemnify and hold the Employer harmless against any and all clauns, 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 article. 4.4 The Association agrees that an administrative service fee of fifry cents ($0.50) per , member per month shall be deducted by the City of Saint Paul. � � � � � yr.�; 5.1 The SPFSA recognizes the prerogatives mf the Employer to operate and manage its affairs in all respect� in accordance with applicable laws and regulauons of appropriate authorities. The prerogatives and authority which the Employer has not officially abridged, delegated or modified by this Agreement are retained by the Employer. 5.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include but are not limited to, such areas of discretion of policy as the functions and programs of the employer, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. . , , �.� � . 6.1 DEFINITION OF GRIEVA1�iCE: A grievance is defwed as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of the Agreement. 6.2 SPFSA REPRESENTATIVES: The Employer will recognize representatives designated hy the SPFSA as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The SPFSA shall notify the Employer in writing of the names of such SPFSA representatives and of their successors when so designated. 3 q7-535 ARTI 6- TFV PRO EDLmF (ContinuedJ 6.3 PROCESSING OF GRIEVANCE: It is recognized and accepted by the SPFSA and the Employer that the processing of grievances as hereinafter provided is limited by the job duues and responsibilities of the Employee and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and resgonsibilities. The aggrieved Employee and the SPFSA shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the Employee and the SPFSA representatives have no�ed and received the approvai of the designated supervisor who has determined that such absence is reasonable and would not be detrimentai to the work program of the Employer. 6.4 PROCEDURE: Grievances, as defined by Section 5.1 shall be resolved in confonnance with the following proce.dure: StTD I An Employee claiming a violation concerning the interpretation or application of the Contract shall within twenry-one (21) calendar days after such alleged violation has occurred present such grievance to the Employee's supervisor as designated by the Employer. The Employer d�signated repzesentative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step i and appealed in 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 Contract allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the SPFSA within ten (lOj calendar days shall be considered waived. Sten 2 If appealed, the written grievance shall be presented by the SPFSA, and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the SPFSA 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 Step 2 answer. Any grievance not apgealed in writing to Step 3 by SPFSA within ten (10) calendar days shail be considered waived. Sten 3 If appealed, the written grievance shall be presented by the SPFSA to, and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the SPFSA the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 gtievance. A grievance not resolved in Step 3 may be appealed by the SPFSA to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the SPFSA within ten (1�) calendar days shall be considered waived. 0 9?-535 Optional Mediation t�g If ihe grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendar days, request mediation. If the parties agree that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediarion Services for the assignment of a mediator. Grievance mediation shall be completed within thirty (30) days of the assignment unless the parties mutually agree to lengthen the time limit. 2. Grievance mediation is an oprional and voluntary part of the grievance resolution process. It is a supplement to, not a subsritute for, grievance arbitration. Wheu grievance mediation is invoked, the contractual time limit for moving the grievance to arbitration shall be delayed for the period of inediation. The grievance mediation process shall be informal. Rules of evidence shall not apply, and no record shall be made of the proceeding. Both sides shali be provided ample opportuniry to present the evidence and argument to support their case. The mediator may meet with the parties in je�int session or in separate caucuses. 4. At the request of both parties, the mediator may issue an orai recommendation for settlement. Eiffier party may request that the mediatar assess how an arbitrator might rule in this case. The grievant shall be present at the grievance mediation proceeding. If the grievance is resolved, the grievant shall sign a statement agreeing to accept the outcome. Unless the parties agree otherwise, the outcome shall not be precedential. 6. If the grievance is not resolved and is subsequendy moved to arbitration, such proceeding shall be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resoludon or offers of settlement may be used or referred to during arbitration Sten 4 A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to arbivation subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of arbitrator shall be made in accordance with the "Rules Governing the Arbivation of Grievances" as established by the Pubiic Employment Relations Board. 6.5 ARBIT1tATOR'S AIJTHORITY: The azbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of the Agreement. The arbitrator shail consider and decide only the specific issue(s) submitted in writing by the Employer and the SPFSA, and shail have no authority to make a decision on any other issue not so submitted. 5 q7-535 ' , • � :� ' i � i ��_ , � � • , 6.6 The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thiriy (30) days following the close of the hearing or the submission of briefs by the parties, wluchever is later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. 6.7 The fees and expenses for the arbitrators' services and proceedings shall be bome equally by the Employer and ffie SPFSA, provided that each parcy 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 equally. 6.8 WAIVER: If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step vdathin ihe specified time limit or any agreed extension thereof, it shall be considered sett�d on ffie basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the SPFSA may elect to treat the grievance as denied at that step and immediately appeai the grievance to the next step. The time limit on each step may be extended by mutual written agreement of the employer and the SPFSA in each step. 6.9 RECORDS: All documents, communications and records dealing with a grievance shall be filed separately from the personnel files of the involved employee(s). TI L. 7- SAVIN LA TSF 71 This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Saint Paul. In the event any provision of this Agreement shall be held to be conuary to law by a couft 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 pariy. ' ' All � ' I � :_� 8.1 The 1972 base of One Hundred Twenty Dollars ($12o.00) as a clothing allowance on a voucher system will be increased January 1, 1974, and each yeaz thereafrer on tlte basis of a yearly study of the increased cost of the defined uniform. The 1972 base cost of the uniform is stipulated and attached as Appendix A. 6 91-53� ARTICLE S- iJNIFORM Ai_r nwaN['F (Conti�ued) 8.2 It is further understood that employees covered by this Agreement shall receive a clothing allowance wluch is Thirty ($30.OQ) doliars greater than that provided by Article 8.1 of ttus Agreement. ARTICLE 9 - LEGAL SERVICE 9.1 Except in cases of malfeasance in office or willful or warnon neglect of duty, the Employer shall defend, save harmless and indemnify an Employee, and/or hislher estate, against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission cecurring in ffie performance and scope of the Employee's duties. 9.2 Notwithstanding Article 9.1, the employer shall not be responsible for paying any legal service fee or for providing any legal service arising from any legal action where the employee is the Plaintiff. ARTICLE 10 - SENIORITY 10.1 Department Seniority: For the purposes of this Agreement senioriry shalt be defined as the length of continuous and uninterrupted employment in the fire department. 10.2 LoSS of Department Seniority: An Employee will lose acquired department seniority in the following instances: 10.2.1 Resignation 10.2.2 Discharge 10.2.3 Retirement 10.3 Work Force Reduct5on: In the event of a reduction in the department work force, such reduction shall occur in accordance with 5ection 22 of the Civil Service Rules as of the date of the signing of this Agreement. 10.4 Reduction in Rank: Reduction in rank shall be in accordance with the Civil Service Rules as of the date of the signing of this Agreement. (Except as indicated below) 10.4,1 Reduction in rank for periods up to but no more than 30 consecutive calendar days will be by platoon seniority. 10.4.2 Reduction in rank for more than 30 consecutive calendar days shall be in accordance with the Civil Service Rules as of the date of the signing of this Agreement. AR'i'ICLE ll - CALL BACK 11.1 Employees required by the Employer to report for work during off-duty time will be compensated at the overtune rate in accordance with Article 2.10 of this Agreement. The minunum payment under this Article will be four (4) tunes the Employee's hourly rate. An early report of two (2) hours or less, or an extension of a normally scheduled tour of duty, shall not qualify an Employee for this minimum payment. 7 � � � �, 12.1 The insurance plans, premiums for coverages, and benefits contained in the insurance plans offered by the Employer shali be solely controlled by the contracts negotiated by the Employer and the henefit providers. The Bmployer will attempt to prevent any changes in the benefits offered by the benefit providers. However, ihe employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. 12.2 Effective for the January 1, 1994 insurance coverage, the Employer will contribute $316.97 per month to eligible employees who select single health insurance coverage. The Employer will contribute $333.46 per month to eligible employees who select family health insurance coverage. 12.3 Effective for the January, 1995 insurance coverage, the Employer will contribute $300.00 per month to eligible emgloyees who select single health insurance coverage. The Employer will contribute $344.31 per month to eligible employees who select family health insurance coverage. 12.4 Effective for the January, 1996 insurance coverage, the Employer will conuibute $300.00 per month to eligible employees who select single health insurance coverage. The Employer will contribute $355.38 per month to eligible employees who select family health insurance coverage. 12.5 Under the "Cafeteria Plan" full-time, eligible employees, must select at least single health insurance coverage and employee life insurance in an amount of $5,000. It is understood that these mandatory coverages may not be waived. Any unused portion of the Bmployer's contribution for which an employee is eligible is defined as unused benefit dollars, not salary, and shall be paid to the employee as taYable income. Such payment wi11 be made during ffie month of December for the insurance year, For employees who terminate their employment with the Ciry of Saint Paul, such payment shall be made within 90 days following termination. However, an employee whose spouse is also employed by the City of St. Paul and is eligible to participate in the city's health insurance plan will not be required to select the mandatory health insurance coverage as long as one of the spouses is participating in the city's health insurance plan with family coverage. The mandatory life insurance coverage continues to apply. In this event, only the difference between the cost of the mandatory life insurance and the employer contribudon amount for single health insurance coverage shall be eligible for payment as unused benefit dollars 12.6 Under the "Cafeteria Plan," employees covered by this agreement wIll be eligible to participate in the Flexible Spending Accounts offered by the Employer. The service fee charged for employees participating in the Dependent Caze Account will be paid by the Employer. The service fee for employees participating in the Medical Expense Account will be paid by the employee. 9�s35 � q�J-53� ARTICLE 12 - INSURANCE (Continued) Survivor Insurance 12.7 In the event of the death of an active employee, the dependents of the employee shall have the option, within thirty (30) days, to continue the current hospitalizauon and medical benefits, including such plan improvements as may be made from time to time, which said dependents previously had, at the premium and Employer contribuuon applicable to eligible early retirees. The date of death shall be considered to be the date of retirement. In the event of the death of an early retiree or a regulaz retiree, the dependents of the retiree shall have the option, within thirty (30) days, to continue the current hospitalization and medical benefits which said dependents previousiy had, at the premium and Employer coturibution accorded to the eligible deceased retiree. In the event of the death of an employee killed in the line of duty, the Employer will contribute 100% of the premium for either single or family health insurance coverage for eligible dependents. An eligible dependent who is not enrolled in the Ciry's health insurance program at the time of the employee's death will have an option to enroll at the next annuai open enrollment period. It is understood that such coverage shali cease in the event af: 12.7.1 The suhsequent remarriage of the surviving spouse of the deceased employee or retiree. 12.7.2 The employment of the surviving spouse where hospital insurance coverage is obtained through a group program provided by said Employer. However, it is further understood that in said event, the surviving spouse shall have the right to maintain City health insurance coverage for the first ninety (90) days of said employment. Retiree Insurance 12.8 Employees who retire must meet the following conditions in order to be eligible for Employer contributions listed in Articies 12.9 through 12.14 below toward a health insurance plan offered by the Employer: 12.8.1 Be receiving benefits from a public employee retirement act covering employees of the Ciry of Saint Paul at the time of retirement, and 12.8.2 Have severed his/her relationship with the Ciry of Saint Paul under one of the retiree plans, and E 9�-535 ARTIC .. 12 - INC 1R_AN .F (getiree Insurance continued} 12.8.3 12.8.4 Early Retirees Have completed at least 20 years of service with the City of Saint Paul or be receiving a disabiliry pension from the City of Saint Paul, and Have severed hislher relationstup with the City of Saint Paul for reasons other than an involuntary termination for misconduct. 12.9 This Article shall apply to employees who: 12.9.1 12.9.2 12.9.3 12.9.4 Retire on or before December 31, 1995, and Have not attained age 65 at retirement, and Meet the tenns set forth in Article 12.8 above, and Select a heaith insurance pian offered by the Employer. Until such retirees reach sixty-five (65} years of age, the Empioyer agrees to contribute the cost of such single coverage or $106.32 per month, whichever is less. For such eligible early retirees who select family coverage, the Employer wi11 conuibute the cost of such family coverage or $318.41 per month, whichever is less. When such early retiree attains age 65,the provisions of Article 12.12 shall apply. 12.10 This Article shall apply to employees who: 12.10.1 Retire on or after 7anuary 1, 1996, and 12.10.2 Were appointed on or before December 31, 1995, and 12.10.3 Have not attained age 65 at retirement, and 12.10.4 Meet the terms set forth in Article 12.8 above, and 12.1Q.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 maYimum of $350.00 per month toward the premium for single or family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. When such early retiree attains age 65, the grovisions of Article 12.13 shall apply. 12.11 This Article shall apply to employees who: 12.11.1 12.11.2 12.11.3 12.11.4 12.11.5 Retiree on or after January 1, 1996, and Were appointed on or after January 1, 1946, and Have not attained age 65 at retirement, and Meet the terms set forth in Article 12.8 above, and Select a health insurance plan offered by the Employer. 10 �'I - 535 ARTICLE 12 - INSURANCE (Early Retirees continued) Until such retirees reach sixty-five years (65) of age, the Employer agrees to contribute a maximum of $300.00 per month toward the cost of single or family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. R'hen such early retiree attains age 65, the provisions of Article 12.14 shall apply. Regular Retirees (Age b5 and over) 12.12 This Article shall apply to employees who: 12.12.1 Retire on or before December 31, 1495, and 12.12.2 Have attained age 65 at retirement, and 12.12.3 Meet the terms set forth in Article 12.8 above, and 12.12.4 Select a health insurance plan offered by the Bmployer. The Employer agrees to contribute 100% of the single or family premium for any health insurance plan offered to regular retirees and their dependents by the Employer. This Article shall also apply to early retirees who retired under the provisions of Article 12.9 when such early retiree attains age 65. 12.13 This Article shall apply to employees who: 12.13.1 Retire on or after 7anuary 1, 1996, and 12.13.2 Were appointed prior to January i, 1996, and 12.13.3 Have attained age 65 at retirement, and 12.13.4 Meet the terms set forth in Article 12.8 above, and 12.13.5 Select a health insurance plan offered by the Employer. The Employer agrees to contrihute a maximum of $SSO.QO per month toward the premium for single or family health insurance coverage offered to regular retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. Tfris Article shall also apply to early retirees who retired under the provisions of Article 12.10 when such eazly retiree attains age 65. 12.14 This Article shall apply to employees who: 12.14.1 12.14.2 12.143 12.14.4 12.14.5 Retire on or after January 1, 1996, and Were appointed on or after 3anuary 1, 1996, and Have attained age 65 at retirement, and Meet the terms set forth in Article 12.8 above, and Select a health insurance plan offered by the Employer. 11 97-535 ARTICLE 12 - INSiTRANCE (Regtttar Retiree continued) The Employer agrees to contribute a maximum of $300.00 per month toward the premium for single or family health insurance coverage offered to regulaz retirees and their dependents. Any unused portion of the Employer's contribution shalt not be paid to the retiree. This Article shali also apply to early retirees who retired under the provisions of Article 12.11 when such early retiree attains age 65. 12.15 The contributions indicated in this Article 12 shall be paid to the Employer's third party administrator or designated representative. 12.16 This section dealing with retiree insurance dces not effect retirees who retired prior to the fuily signed 1994-19961abor contract. ARTICLE 13 - VACATION 13.1 Tn each fiscal year, each Full-time employee shall be granted vacation according to the following schedule: Years of service 56 hour EmploYees lst yeaz thru Sth year 112.0 hours * 6th year thiu 15th yeaz 168.0 hours ** 16th yearthru 25th year 235.0 hours *** 26th year and beyond 246.4 hours **** * (2 x designated work week) '� * (3 x designated work week) *** (4.2 x designated work week) ****(4.4 x designated work week) 40 hour Em�lo,Yees 112 hours (14 days) (.0539} 160 hours (20 days) (.0769) 200 hours (25 days) (.0962) 20& hours (26 days) (.1000) 13.2 The department head may pernut Employees to carry over into the following fiscal year, vacation time equivalent to three work weeks. Vaca6on schedules shall be fixed by the department head. An Emgloyee not working full-time shall be granted vacation on a pro-rata basis. 13.3 Employees separated from employment by reason of resignation shali be granted such vacation pay as has been earned and remains unused at the time of separation, provided notification of resignation has heen sent to the depart[nent head, in writing, at least fifteen (15) calendar days prior to the date of resignation. Employees separated from employment by reason of discharge, retirement, or death shall be granted such vacation pay as has been earned and remains unused at the time of s�pararion. Employees granted more vacation time than earned at the tune of separation from employment shall pay the Employer for such unearned vacation. 12 9� 53 5 ARTICLE lA - HOLIDAYS 14.1 In additian to what is provided in Saint Paul Ordinance No. 644G, add one additional floating holiday which is to be added to the vacation schedule by increasing vacation by .2 (two-tenihs) times the number of hours designated as the work week. 14.2 Effective 1986 and in addition to 14.1 above, add one additional holiday (Martin Luther King Day) to the vacarion schedule by increasing vacauon by .2 (two-tenth} tunes the twmber of hours designated as the work week. 143 In addition to what is provided in Section 14.1 and 14.2 above, and the St. Paul Ordinance No. 6446, add one additionai tour of duty holiday. In each year of ttus agreement, this tour of duty Holiday may, at the option of the employee: (1) Be added to the employee's vacation schedule, or (2) the emplayee may choose to receive payment at his regular rate of pay in lieu of taking time off on the additional tour of duty Holiday provided herein. If the Employer has not received and approved an employee's request for his/her additional tour of day Holiday time off by November 15 of each calendar year, such employee can only receive payment at the regular rate of pay and can nc> longer elect to take time off for that calendar year. Such payment shall be made no Pater than the last regularly scheduled pay day of that calendar year 14.4 For those employees assigned to a work week other than Monday through Friday, the holiday shall be observed on the calendar date of the holiday. 14.5 Eligibiliry for Holiday Pay and Fioating Holidays shall be in accordance with Section 1 (one) Subsection I of the Salary Plan and Rates of Compensation Resolution. ' I. •�� '�' 15.1 Sick leave shali be eamed and granted in accordance with the Civil Service Rules. 15.2 In the case of a serious illness or disability of an employee's child, pazent or household member, the head of the department shall grant leave with pay in order for the employee to care for or make arrangements for the care of such sick or disabled persons. Such paid leave shall be drawn from the employee's accumulated sick leave credits. IIse of such sick leave shall be limited to the number of hours designated to be the employee's work week per incident. 15.3 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 grandpazent or grandchild. 13 97-535 A.RTICLE 15 - SICK LEAVE AND P RFNT L LEA ( ontinuedl 15.4 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. 15.5 Ivlaternitv and Parentai L.eave. Pregnant emgtoyees of the City of Saint Paul shall be eligible for ffie use of paid sick leave and unpaid leave of absence in the same manner as any other disabled or ill City employee. Such paid sick leave eligibility shall begin upon certification by the employee's attending physician that the employee is disabled in terms of her ability to perform the duties of her position. A twelve (12) month Parental leave of absence wiffiout pay shall be granted to a natural parent or an adoptive parem, who requests such leave in conjunction with the birth or adoption of a child. Such leave may be extended an additional twelve (12) months by mutual agreement between the employes and the Employer. Refusal on the part of the Employer to grant an extension of such leave shall not be sub}ect to the provisions of Article 6 of this Agreemeait. Employees who return :oflowing 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. ARTICLE 16 - SEVERA�TCE PAY 16.1 Effective January 1, 1990, the employer shall provide a severance pay program as set forth in this Article 16. 16.2 To be eligible for the severance pay program, an employee must meet the following requirements: 16.2.1 The employee mast be voluntazily separated from City employment or have been subject to separation by lay-off or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City Severance pay prograzn. 16.2.2 The employee must file a waiver of reemployment with the Human Resources Director, which will cleariy indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemgloyment (of any type), with the City or with Independent School District No. 625. 16.2.3 The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at ffie time of his sepazation from service. 14 �17-53� . , �_�•� � �� 16.3 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 ffie employee on the date of sepantion for each day of accrued sick leave subject to a maYimum as shown below based on the number of years of service with the City. Yeazs of 5ervice Maximum with the Citv Severance Pav At least 20 $ 5,000 21 6,OOQ 22 7,000 23 8,000 24 9,000 25 10,000 However, any employee separated from City employment on or after 3anuary 1, 1992 who has an accumutated balance of at least one thousand eight hundred fifty (1,850) hours of sick leave credits and at lease ewenty-five (25) years of service at the time of his/her separation from service shail be granted severance pay in the amount of thirry thousand dollars ($30,000). Employee with twenty (20) or more years of service who is ruled disabled and is receiving a disability pension and who has 1850 hours of accumulated sick leave shall be allowed the maximum severance benefit of $30,000. The manner of payment of such severance pay shall be made in three consecutive annual payments of ten thousand doilars ($10,000) each. The annual gayments shall be made in February of each year. The first payment shall be made during the month of February in the year foilowing the year in which the employee separates hislher employment. 16.4 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the empioyee's estate or spouse. 16.5 For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 16.6 The manner of payment of such severance pay shali be made in accordance with the provisions of Ciry Ordinance No. 11490. 16.7 The manner of payment of severance in amounts of ten thousand dollars ($10,000) or less shall be made in accordance with the provisions of City Ordinance No. 11490. 15 97-53 5 ARTICLE 17 - WAGES 17.1 When the 1994 rates for Fire Captain Paramedic are determined, the steps in the 1994 salary range for District Fire Chief shall be adjusted to reflect a fifteen percent (15%) differential above the corresponding step in the 1994 salary range for Fire Captain Pazamedic. The 1994 Fire Captain Paramedic rates on wluch the 15 % differential is based shall not include any amount that has been added to the Fire Captain Paramedic's rate in lieu of an Employer's insutance contribution. Ttus same process shall be repeated to detemvne the final 1995 and 1996 rates for the title of District Fire Cluef. The biweekly rates for tifles other than District Fire Chief covered by this Agreement shall be adjusted each year to reflect the percent as shown below of the 1994, 1945 and 1996 rates applicable to the title District Fire Cluef. TITLE Fire Dispatch Supervisor Assistant Fire Marshal Emergency Preparedness Coordinator Fire Communications Chief Fire Training Officer Chief Fire Investigator Deputy Fire Chief Fire Marshal Emergency Paramedical Service Chief PERCENT of DISTRICT FIRE CIiIEF 85.7% 91.3% 92.9 % 100.0% 100.0% 100.0% iQ8.3 % 108.3% 108.3% Such adjustments shail be effective on the first day of the first payroll period of the respective year. The wage schedule for the purpose of this Agreement shail be Append'uc B attached hereto. 17.2 Any Fire Captain assigned as a paramedic with 15 years of serv3ce who is promoted to District Fire Chief shall begin at the 10 year step effective January 1, 1944. • • i, 18.1 The residency requirements as passed by the Ciry Council on Decembet 30, 1983, under Council File No. 279643, shall apply to all employees covered by this Agreement. 16 q?- 535 � � � �, 19.1 Employees injured during the course of employment and thereby rendered incapable of performing job duties and responsibiliues shall receive full wages during the period of incapacity, not be exceed the period equal to twelve (12) months plus accumulated sick leave. It is understood that in such cases, the twelve (12) month period shall first be utilized and only when same is exhausted shall accumulated sick leave be applicable. 19.2 Employees disabled through injury or siclaiess other than specified in Section 19.1 above shall receive full wages for a period equal to accumulated sick leave, plus six (6) months as provided herein. It is understood that in such cases, accumulated sick leave shall first be utilized before the six (6) months, or any part thereof, shall be applicable. It is further understood that the six (6) month period shall be available to members in this unit only in those years where the last available Annual Report of the City Civil Service Office shall show average sick leave used per member of the Saint Paul Rire Department (based on the 1972 Annual Report method of calculating same), of eight (8) days or less. 19.3 Employees injured or incapacitated by illness in the line of duty sha�3 be entitled to reinstatement at any time within five (5) years from the date of injury or incapacity provided they are physically capable of resuming theirjob. 19.4 Except as specifically provided in this Article, all illness and incapacity rules and policies previously in effect shall continue. �G��31�C��3i � � �� i � � � Y i. 20.1 Policy: The Fire Department recognizes illegal drug and alcohol usage as a threat to the public welfare and the empioyees of the department. Thus, the Fire Deparnnent will take the necessary steps, including drug and alcohol testing, to eliminate illegal usage. It is the goal of this policy to prevent and rehabilitate rather than tenninate the employment of workers who are abusing drugs or alcohol. No member of the �ire Department shall be discharged for illegal drug or alcohol use without first having been offered the opporiunity to discontinue use either through personal choice or by treatment for chemical dependency, if such ueatment is needed. The Union agrees, at the Employer's xequest, to re-open negotiations of this Article during the term of this Agreement. 20.2 Informing Employees About Drug and Alcohol Testing: All employees will be fully informed of the Fire Deparhnent's drug testing policy before testing is administered. Employees will be provided with information conceming the impact of the use of drugs or alcohol on job performance. In addition, the employer shall inform the empioyees of how the tests are conducted, how well the tests perform, when the tests will be canducted, what the tests can determine, and the consequences of testing positive for drug or alcohol use. All newly hired employees will be provided with dus information on their initial date of hire. No employee shall be tested until this information is provided to him. 17 q �-53 5 ARTICLE 20 - DRUG AND ALCOHOL TF TING (Continued) 20.3 Employee Testing: No employee will be tested for drug or alcohol abuse unless there exists reasonable suspicion to believe that the employee to be tested is under the influence of illegal drugs or alcohol. Random or mass testing is prohibited. No such testing may be conducted without the written approval of tt�e o�cer in charge of the unit. The officer in charge must document in writing who is to be tested and why the testing was ordered. Failure to follow any of these procedures shall result in the elimination of the test results as if no test had been administered. The test resulu shall be desuoyed and no discipline shall be levied against the employee. 20.4 Urine collection shall be conducted in a manner which results in a legally acceptable sample as well as providing a high degree of security for the sample, freedom from adulteration of the sample, the highest possible accuracy of the clinical results while at the same time preserving the dignity of the employee. Administrative procedures shall be such as to prevent the submission of fraudulent tests. When appropriate, biologic testing of the samples may be included as part of such administrative procedures. In testing which could result in employee discipline, if the test zesult is positive, a spiit sample shall be reserved for independent analysis which shall be performed at the request of the affected employee. Upon request, an employee shall be entiYled to the presence of a union representative before testing is administered. 20.5 Testing Procedures: All samples shall be tested for Chemical Adulteration, Narcotics, Cannabis, PCP, Cocaine, Amphetamines, Alcohol and Sedatives. The testing shall be done by a Selected Laboratory and the following standards shall be used: Drug Testing Standards Alcohol � � � � Amphetamine .02 concentration as shown hy an analysis of urine � �� � •..�� • �• �K�� Amphetamine Methamphetamine Cocaine metabolites Benzoylecgonine Marijuana metabolites delta-9-THC-9-COOH Opiate metabolites Codeine Total Morphine Phencyclidine PCP Inirial Test levei ng/m1 1,0(70 nglmi 1,000 ng1m1 300 nglml 15 ng/ml 300 ng/ml 300 ng/ml 25 ng/ml GGMS Gonfirmation 500 ng/ml 500 ng/m1 150 ng/ml 15 ng/ml 300 ngfml 300 ng/ml 25 ng/ml m 97-535 i � � � � ._ � • �_ 4h � � � • �, � � � � Barbiturates Benzodiazepine metabolites Methadone Methaqualone Propoxyphene Drug or metabolite detected Secobazbital Pentobarbital Phenobarbital Butabazbital Oxazepam Methadone Methaqualone Propoxyphene Norpropoxyphene Initial Test vl 1 300 ng/ml 1,000 ng/ml 3,000 nglml 1,000 ng/ml 300 ng/ml 300 ng/ml 300 nglml 300 ng/ml 300 ng/ml GC/MS �onfirmarion 1,000 ng/ml 1,000 ng/ml 1,000 ng/ml 1,000 ng1m1 300 ng/ml 300 ng/ml 300 ngJml 300 ng/ml 300 ng/ml Any sample which has been adulterated or is shown to be a substance other than urine shall be reported as such. All samples which test posirive on a screening test shall be confirmed by gas chromatography-mass spectrophotometry, and no records of unconf'umed positive tests shall be released or retained by the laboratory. Testing shall be conducted in a tnanner to insure that an employee's legal drug use does not effect the test results. All results shall be evaluated by a suitably uained occupational physician or occupational nurse prior to being reported. Test results shall be treated with ffie same confidentiality as other employee medical records. The test results shall not be reported outside the Fire Departmern. 20.6 Chemical Dependency Program: Each person whose urine tests positive for illicit drugs shall be medically evaluated, counseled and treated for rehabilitation, if required. In addition, at any time an employee may voluntarily enter the chemical dependency program without feaz of disciplinary actions against him. This Program is designated to provide care and ueatment to employees who are in need of rehabilitation. Details concerning treatment any employee receives at this Program shall remain confidential and shall not be released to the public. The empioyee shall be responsibie for the cost of treatment. No employee shall be relieved or uansferred to other than his usual duties on the basis of one test result although the employee may be re-evaluated for his duty assignment. When undergoing ueatment and evaluation employees shall receive the usual compensation and fringe benefits provided at their assigned position. 19 g�-535 ARTICLE 20 DRU T OHnT CTnv(° (Continued) 20.7 Right of Appeal: Each employee has the right to challenge the results of dmg or alcohol testing in the same manner that he may grieve any managerial action. 20.8 Duty Assignment After Treatment: Once an employee successfully completes rehabIlitation, he shall be returned to his regulaz duty assignment. Employee reassignment during ueaunent shall be based on each individual's circumstances. If follow-up care is prescribed after treatment, this may be a condition of employment. Once treatment and any follow-up care is completed, at the end of two years the records of treatment and positive drug or alcohol test results shall be retired to a closed medical record. The employee shall be given a fresh start with a clean administrative record. 20.9 Right of i3nion Participation: At any tune, the Union, upon request, will have the right to inspect and observe any aspect of the drug and aicohol testing program with the exception of individual test results. The Union may inspect individual test results if the release of this information is authorized by the employee involved. 20.10 Union Held Harmless: This drug and alcohol testing program is solely initiated at the behest of the employer. The Fire Department shall be solely liable for any legal obligations and costs arising out of the provisions andlor application of this collective bargaining agreement relating to drug or alcohol testing. The Union sha11 be held harmless for the violation of any worker rights arising from the administration of the drug or alcohol testing program. 20.11 Conflict with Other Laws: This Article is in no way intended to supersede or waive an empioyee's federal or state constitutional rights. ARTICLE 21 - OVERT 21.1 Employees required to work in excess of their assigned tour of duty will be compensated at the rate of one and one-half (1.5) times the employee's normal rate. Such compensation shail be made in cash or in compensatory tune at the option of the Employer. � „ � �� �.� 22.1 The Employer may discipline employees in any form listed below: Oral Reprimand Written Reprimand Suspension Demotion 9 ?-535 The Employer will discipline employees for }ust cause only and in accordance with the concept of progressive discipline. Empioyees who are disciplined pursuant to the terms of this Article may appeal the Employer's disciplinary action through the grievance procedure set forth in Article 6 of this Agreement or to a Civil Service authority pursuant to the rules and procedures of such authority. ARTICLE 23 - POSTTION OPENIiVGS 23.1 To expedite the filling of vacancies under the civil service procedures, the head of the department or designated representative will: Make requisidon for certification of eligibles to fill a vacancy within fifreen (15) days aftex determuring that a vacancy exists. Within fifteen (15) days after the department head has met with the certified eligibles, he/she will fill the vacancy. If no eligible list is in effect when a vacancy occurs, the department head shall, within fifteen (15) days, request the Human Resources D'uector to conduct an examination for the purpose of establishing an eligible list. Nothing in this Article 23 shall be construed to eluninate or lessen the Deparhnent Head's right to detertnine the number of employees in any class title. 21 1 � 1£ i n� 9?-535 � � . � � 24.1 Except as herein provided, tlus Agreement shall be effective as of the date the Agreement is executed by the parties, and shall continue in full force and effect through the 31st day of December, 1996, and thereafter until modified or amended by mutual agreement of the parties. Bither party desiring to auiend or modify this Agreement shall notify the other in writing so as to comply with the grovisions of the Minnesota Public Employment Labor Relauons Act of 1984. 24.2 The wage schedule attached hereto as Appendix "B" shall take force and effect at such time as is specified in the administradve resolution recognizing and approving this Agreement in accordance with Section 12.09 of the Saint Paul City Charter. Signed this 24th day of Apri1,1997 CITY OF SAINT PAUL ���-�. / Mary . Kearney City Labor Negotiator SAINT PAUL FIRE SiTPERVISORY SSOCIATIO J Colonna, President �� V 22 s�� ,►�► . Regulation "West Point" long sleeve police shirt Regulation "West Point" short sleeve police shirt Ranking Officer's white uniform shirt, long sleeve, West Point 75flOC Ranking Officer's white uniform shirt, short sleeve, West Point 75Q(!C Jersey type long sleeve sweat shirt, navy blue - Wilson 8632 Jersey rype 3/4 sleeve sweat shirt, navy blue - Wilson 8632 Fechheimer Bros. navy blue trousers 32200 Fechheimer Bros. navy blue trousers 32250 Jacket - Light weight, waist sryle Fechheimer 32100 Fur coat - Energy 100FD - Sizes 48 - 50 add 10% - longs add 10% Jacket - California thermal chief - Horace Small Parka - Navy - Butwin 111SP Regular sizes 34 - 46 Extra sizes 48, 50, 52, Long Liners for summer uniform fue fighter jacket - Pechheimer Bros. 32704 Sewing Costs: No cost when ordered with jacket, otherwise .. Caps Trooper Cap Chiefs Navy-Stype Midwest-N.W. 8 pt. Midwest-N.W. Belts - leather - black - 1.5 inch Shoes Wedge style oxford - Red Wing shoe #101 Slip on sryle oxford - FLOAT-AWAYS #J5347 Slip on style oxford - FLOAT-AWAYS #J5318 Lace style oxford - FLOAT-AWAYS Z5096 Slip on style oxford Weinbrenner 1635 Slip on style oxford Weinbrenner 1435 Lace style oxford T5152 Mocc toe Lace style oxford Weinbrenner 1225 Lace sryle oxford Weinbrenner 1250 Socks Munsingweaz #40 Munsingwear #415 - siretch style Ties - black, 4-in-hand, or snap-on style A1 9 I ��� ,� „ _ APPENDIX B: BIWEEKLY RATES Sa3ary ranges applicab3e to tities covered by this Ageement shal] be az shown below: Effective January 1, 1994: Effective December 24, 1994: Effective June 24, 1995: Effective December 23, 1995: Zero percent (0%) One and a half percent (1.5%) increase One percent (I%) increase Two and a half percent (2.5%) increase GRADE 041 FIRE DISPATCH SUPERVISOR Effective 01-� 1-94 12-24-94 06-24-95 12-23-95 A B C �1) �2) �3) 1573.75 1651.47 1733.12 I 597.36 1676.24 1759.12 161333 1693.00 ]776.�1 1653.66 173533 1821.13 D E F (4) (5) (6) 1802.30 1893.44 I 969.46 182933 1921.89 1999.00 1847.62 1941.11 2018.99 1893.81 1989.64 2069.46 GRADE 044 ASSISTANT FIRE MARSI-IAL 01-01-94 12-24-94 06-24-95 ]2-23-95 Q 1-� 1-94 12-24-94 06-24-95 12-23-95 1676.59 1701.74 1718.76 1761.73 17�5.96 1731.55 1748.87 179259 175939 184637 1920.07 2017.22 2098.16 1785.78 1874.07 1448.87 2047.48 2129.63 1803.64 1892.81 1968.36 2067.95 2150.93 1848.73 1940.13 2017.57 2119.65 2204.70 10-YR. t�) 2070.79 2101.85 2122.57 2175.94 2206.10 2234.14 2261.58 2318.12 GRADE 045 EMERGENCY PREPAREDNESS COORD 1790.22 1878.73 1953.71 2052.57 2134.93 2244.76 1817.07 1906.91 1983.02 2083.36 2166.95 2278.43 1835.24 1925.98 2002.85 2104.19 2188.62 2301.21 1881.12 79'74.13 2052.92 2156.79 2243.34 2358.74 GRADE 046 CHIEF FIRE INVESTIGATOR FIRE COMMUNICATIONS CHIEF FIRE DISTRICT CHIEF FIRE TRAINING OFFICER 01-�1-94 12-24-94 06-24-95 12-23-95 183635 ] 863.90 1882.54 ] 929.60 1921.04 1955.95 ]9'T5.51 2024.90 9�-535 15-YR. tg) 2121.48 215330 2174.83 2229.20 2260.10 2294.00 2316.94 2374.86 2299.71 2334.21 2357.55 2416.49 202231 2103,03 2209.44 2298.09 241632 2475.47 2052.64 2134.58 2242.58 2332.56 2452.56 2512.60 2073.17 2155.93 2265.01 2355.89 2477.09 2537.73 2125.00 2209.83 2321.64 2414.79 2539.02 260117 GRADE 049 DEPUTY FIRE CHIEF EMER PARAMEDICAL SERV CHIEF (EFF. 9-12-96) FIRE MARSHALL 01-01-94 12-24-94 06-24-95 12-23-95 1958.77 2018.60 2038.79 2089.76 2086.98 2118.28 2 ] 39.46 2192.95 2790,16 2277.58 2392.82 2488.83 2616.8� 2680.93 2223.01 2311.74 2428.71 2526.16 2656.12 2721,14 2245.24 2334.86 2453.00 2551.42 2682.65 274835 2301.3� 2393.23 251433 2615.21 2749.75 2817.06 B1 Council File # 9�1-53 5 �,�,,�:��� � � �� f,. � � � � � ' * j %'� " d �5 " @J 3 ti '3 I —,. Presented Referred To RESOLUTION 41NT PAUL, MINNESOTA Green Sheet #35890 �a� Committee Date 1 2 3 RESOLVED, that the Council of the City of Saint Pau1 hereby approves and ratifies the attached 1994 - 1996 Collective Bazgaining Agreement between the City of Saint Paul and the Saint Pau1 Fire Supervisory Association. Requested by Department oE Office of Labor Relations By: �� � Form App ved��ttorney „ By: 1 '�. ��( / � Certified by Council Approved by Mayor: Date Approved by Mayor for Submission to Council B � � Adopted by Council: Date �� \ o_�.., �1 1 I'19 �l DEYART'MENT/OFFICE/COUNCIL: DATE INITIATED � r LABOR RELA'TIONS Apri128, 1997 GREEN SAEET No.: 35890 �� � CONTACT PERSON & PHONE: ,� IMTTAL/DATE �NI'i'IAUDpTE Angie Nalezny 266-6498 p�IGN i nEr.vzan�rrr D a crrr couracn, NUMBER 2 CITY ATTORNEY��� CITY CLERK MI7ST BE ON COUNCIL AGENDA BY (DATE) FOR BUDGEf DIR. FIN. & MGT. SERVICE DIR. ROUTING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNATUAE PAGES 1 (CLIP ALL LOCATTONS FOR SIGNA7'URE) acriox xEQUes�n: This resolution approves the attached 1994 -1996 Collective Bazgaining Agreement between the City of Saint Paul and the St. Paul Fire Supervisory Association. The terms and conditions of this Agreement were submitted to binding Interest Arbitration through the statutory azbitration process; the terms submitted herein reflect the Arbitration Award as ordered by Arbitrator Sharon K. Imes on February 13, 1997. RECOMIvfENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST AN5WER THE FOLLOWING QUESTIONS: _PLANNING COMMISSION _CML SERVICE COMIvIISSION I. Haz this person/fivn ever worked under a contract for this departrnent? ' _CIB COMM[1'IEE Yes No STAFF 2. Has this persoNfivn ever been a ciry employee? _DISTRiCT COUAT Yes No � SUPPOATS WHICH COiJNCiL OBJECT7VE? 3. Dces this person/firm posuss a skill not nortnaily posse�- . oy any current city employee? Yu No Explain all yes answers on separate sheet aod attach to green sheet IIViTIATING PROBLEM, ISSUE, OPPORTUNITY (Who, W6at, When, Where, Why): nnvniv�rncES iF nrrxoven: An Agreement in place through December 31, 1996. ��� �,,,, ,,���� �, ��� RECEIVE� E���°t Q �. i�97 DISADVANTAGES IF APPROVED: NOriC. A ' '.?.�...- r�✓:nuv�a.s{.L.r.MN.�`e� Y �iAYOR'S QfFIC� APR 29 1997 n�snuv,�rracES iF xor nrrxovEn: The City will commit an unfair labor practice, as de ne m ec ion 9A.13. TQTAL AMQUNT OF TRANSACITON: COSTIREVENUE BUDGETED: FONDING SOURCE: ACT[VI'1'Y NUMBER: F1NAAtCIAG INFORMAiION: (EXPLAiI� See aUS.ched Unifocm Settlement Form r 7 ATTACHIl�NT TO GREEN SHEET f�` S� S 1994-1996 F'IRE SUPERVIS012Y ASSOCIATION Below represents the changes for the 1994-1996 Collective Bargaining Agreement between the City of Saini Paul and the Fire Supervisory Association as a result of Interest Arbitrarion. DURATION This contract will be effective January 1, 1994 through December 31, 1996. E� 3. L! � WAGES Effective OI-Ol-94: No wage increase. Effective 12-24-94: 1.5°lo base wage increase. Effective 06-24-95: 1.0% base wage increase. Effective 12-23-95: 2.5% base wage increase. The wage increases aze to be made retroactive for all employees covered under the 1994- 1996 Collective Bazgaining Agreement, including any employees who may have retired during the term of this agreement. WAGES - PLACEMENT ON PROMOTION (11.2) Any Fire Captain assigned as a paramedic with 15 years of service who is promoted to District Fire Chief may begin at the 10 year step effective January 1, 1994. GRIEVANCE PROCEDURE The parties agree to agree to add voluntary grievance mediation between steps 3 and 4. ACTIVE HEALTH INSURANCE Below are the City contribution levels to health insurance premiums for active employees. The City will return any unused benefit dollazs to the employee. 1l1J94 1J1J95 UU96 Single $316.97 $300.00 $300.00 Family $333.96 $34431 $355.38 Survivor Insurance: In the event of the death of a early or regular retiree, the Employer agrees to provide health insurance to dependents at the benefit level said retiree previously had. In the event of the death of an employee killed in the line of duty, the Employer will contribute 100% of the premium for either single or family health insurance coverage for eligible dependents at the employee's option. RETIREE HEALTH INSURANCE For Employees retiring on or before 12{31195: Early Retiree Insurance The City will contribute $10632 per month toward the single health insurance preu�ium and $318.41 per month toward the dependent health insurance premium. Regular Retiree Insurance Full single and full dependent coverage Attachment to Green Sheet 1994-1996 Fire Supervisory Associarion Page 2 RETIREE HEALTH Il�iSURANCE, cont. For Employees retiring after 12l31/95: Early Retiree Insurance ��� �535 Far employees hired prior to 1/If96 The Ciry will contribute a m�imum cost of $350 per month toward the retiree and dependent health insurance benefit offered by the Employer. For employees hired on or after 1/1/96 The City will contribute a maximum cost of $300 per month towazd the retiree and dependent health insurance benefit offered by the City. Regular Retiree Insurance (Iietirees age 65 and over) For employees hired prior to 1/1/96 The City will contribute a maJCimum cost of $550 per month toward the retiree and dependent health insurance benefit offered by the Employer. For emplayees hired on or after 1/1l96 The City will contribute a maxunum cost of $300 per month toward the retiree and dependent health insurance benefit offered by the Employer. 7 .3 DRUG AND ALCOHOL The parties agree to modify the marijuana and alcohol positive test result levels. Marijuana 15 ng/m1 Alcohol 0.02 concentration as shown by an analysis of urine Under Employee Testing (20.3), the parties agree to change the term "probable cause" to "reasonable suspicion." VACATION The vacation for 40 hour employees was increased as foliows: 0- 5 yrs from 80 hours to 112 hours 6- 15 yrs from 120 hours to 160 hours 16 - 25 yrs from 168 hours to 200 hours 26 + from 176 hours to 208 hours The new schedule is as follows: Years of service 56 hour Employees 1 st yeaz thnt Sth yeaz I 12.0 houts 6th year thru 15th year 168.0 hours 16th yeaz thru 25th year 235A hours 26th year and beyond 246.4 hours 40 hour Emplovees 112 hours (14 days) 16Q hours (20 days) 200 hours (25 days) 208 hours (26 days) m q�_ 53S m n c ° a ° m u�i = n o m M v � v a � a w e N a w ur O a ° m m '¢ m m m ° m m iO m m m � ° n n n � m m N � V m o. � � m � n m � f/� L'� �� � o a E ` � @ � `m ti m E m m > Q U �i S y� m� '� 0 - y_ w� � a o m �» � Q T c a o _ � c o m '� ; m m p � q ° a a q r ` n m °� „`o_ .� 3' ° m ..° m 3 c m m m s m ° m F ' m w rn � r. E » m a� x. rn �� ua xr ° n z m t- v N � c w >� �� s s� �q ; ; �� ;� �E m��s �o � �h � _� j � Z Z Z V Z C Z � � Z Q 2 U Z (� 2 cJ r u, d� � d' � d° a m N O�1 N O M �O b Y W 3 l�9 N M N R y I � W W � ` � H q � � � � N b N H �A t� ss> b �[�i � w q � M V d S = a U p N t O ` O c d Q� �? � d O 0 V ¢ a �• �� w N M �j d 3 �j i` a m � g p 7� H W� O m � o m Y m ` 9�' m m� �� � m�- m� m� m @ m� m E m E a€ E u P9 � m x o " o m m m" "� a m� m o m o w o � m RI N tJ m`o U 0� m= m� m � m U m U [0 3 U m 1- � T f� �O W � V ' O d Ol O O I^ CD f� N 1� � N fA y w N q N q 3 W tO oi m � � m e v i v � � v a v < h � � s" m m � � vl 9- $ c �' m $ u" E O o �� N w c g o :7 h� w. O� o � U c � a� � o _ :? � q "A - y w m �� a a S a in E 3� � 3 � .�O` c 3 m �2 � 3� � m m e a�'i m � � L w w n w 5 w� w�O w w ar w' w xi � m t N d y�..�°'. 3� 3 3 3 0 3 3 3� ��E � c¢ 3� E � ?+ � v o z� z z � z" a � s" z z z o z 8 z � z� � r LL a �°- � 3 x a W M I� V Cl O � �W N O 3 O N f� s O a 1D � W W W �1+ W W C N rv � m m w n m m M m ei M O N N � m � o � � � @ C m � 0 � A W � m s �i tS� m& j[� G W R t N � m � v U D} � N.G a in o� � c Q m w a w 3 O a o�° a Y� � C m m p �m m� �m $ m� m m�E m E m X� m� e� N � m� b " � o m w m t m w w� a� m o � E o w o O a o� n � � a � W �O N Of m 01 � M N N � N W p W K 19 � V o � Q a N P N Q 0 m F m m O � N Ol C N 0 1� O � y � = . � a0 N 0 }� � g� v l � � � w 5 @@ a c E � E. `m E L V 5 5 t o � � � o � ri _ ul , m W o � °+ `m m �� E m n �5 a r. g '3 N °1 �2 � ,2 ` o � m .`o_ w � c E � �i m � � p � � � a LL m � 2 w ws w� w Z � w " x�p �n� �' �n°n zm m uuv a N o Y � &; N O � N & 3 � 0 iC � N O N� O � E � g N j L% � C C Z 2 Z V Z� Z� Z Z Z � f� 2 U Z v �J F LL e F q J e L W E � i � M W C! P Q � o�� o Y�. y T O t�D ` N N Y Q o w � � d � � o t�N A A M O o E m a N m +D � H c0 - m v' o c m N � W y N E y w � � b Q S m P m � O � N N q� � � ° a o o � � o° d � m . II , m � � � z fi L � m A r w `� `a'� @ m E S v w � m � g r�n g� E Q o �� r�n d w� a a 'o `o � i m ='& Y w C m m �� �i �' m 5 n.� �� v m �'E n E W�� n m � k m � 0 m m m t) m o` U m= m� m� m � m t') m[�i m 3 U m r U 5 5:� „ ., q�. s �s 1994 -1996 AGREEMENT - between - THE CITY OF SAINT PAUL - and - THE SAINT PAUL FIRE SUPERVISORY ASSOCIATION .. q �-.535 �� ► ARTICLE TTTLE PAGE 1 Purpose ..............................................1 2 Definitions . • • - • • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i 3 Recognition ...........................................2 4 Security ..............................................3 5 Employer Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 Savings Clause . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Uniform Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 LegalServices ..........................................7 10 Seniority .............................................7 il Ca1lBack .............................................7 12 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 13 Vacation .............................................12 14 Holidays .............................................i3 15 Sick Leave and Pazental Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 16 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 17 Wages ..............................................16 18 Residence ............................................16 19 Incapacitation ......................................... 17 20 Drug and Alcohol Testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . 17 21 Overtime ............................................20 22 Discipline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 23 Position Openin$s . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 21 Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Appendix A ..................................... A1 Appendix B ......................................Bi i �1�535 ►.:��z� � ,: �. 1.1 The Emplayer and the Saint Paul Fire S�pervisory Association (SPFSA) agree that the purpose of entering into ttus Agreement is to: 1.1.1 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of performance tbat is consistent with the well being of ail concemed. 1.1.2 Establish the full and complete understanding of the parties concerning the terms and conditions of this Agreement. 1.1.3 Establish procedures to orderly and peacefuliy resolve disputes as to the application of interpretation of this Agreement. 1.1.4 Placx in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. . ' t �� , � 2.1 Association: Saint Paul Fire Supervisory Association (SPFSA) 2.2 Employer: The City of Saint Paul 2.3 Association Member: A member of Saint Paut Fite Supervisory Association (SPFSA). 2.4 Empioyee: A member of the exclusively recognized bargaining unit as certified by the State Bureau of Mediation Services in Case No, 18-PR-1056-A dated August l, 1978. 2.5 Vacancy: As deternuned by the deparhnent head, a funded position opening in a class specified in Article 3.2. 2.6 Position: Any specific office, employment or job in the Fire Degarnnent in a class specified in Article 3.2. 2.7 Tour of Duty: A. For a fifty-six (56) hour work week employee: The performance of job duties and ac�eptance of the responsibilities of a position for a consecutive and uninterrupted twenty-four (?A) hour period from 8:00 a.m. on a calendar day to 5:00 a.m. on the following calendar day. B. For a forty (40) hour work week employee: The performance of job duties and acceptance of the responsibilities of a position for a consecutive and uninterrupted eight (8) hour period within a calendar day. f1 97-53 5 ARTICLE 2 - DEFINITIONS (Continued) C. Notwithstanding B above, employees assigned to a forty (40} hour work week may, through mutual agreement with the Emgloyer, work schedules other than schedules limited by B above. Overtime compensation for employees working under such agreements shall be subject to the provisions as set forth by the Fair Iabor Standards Act. 2.8 Department: The fire department of the City of Saint Paul as established and amended from time to time pursuant to Section 9.01 of the Ciry Charter. 2.9 Overtune: Work performed by an Employee in excess of the Employee's tour of duty by order of the Empioyer. 2.10 Overtime Pay: For employees assigned to a fifty-six (56) hour work week, overtime pay, for the purpose of Article 21, will be based on a fifty-six (56) hour work week. For employees assigned to a forty (40) hour work week, overtime pay, for the purpose of Article 21, will be based on a forty (40) hour work week. .. . � � 3.1 The Employer recognizes the SPFSA as the exclusive representative for the purpose of meeting and negotiating the terms and conditions of employment for supervisory Fire Department personnel. 3.2 Job classes which aze within the bargaining unit and covered by this Agreement are as follows: Assistant Fire Marshal Chief Fire Investigator Deputy Fire Chief Disuict Fire Chief Fire Communications Chief Fire Dispatch Supervisor Emergency Paramedical Services Chief Emergency Prepazedness Coordinator Fire Marshal Fire Trauring Officer 3.3 In the event the Employer and the Association are unable to agree as to the inclusion or exclusion of a new or modified job position, the issue shall be submitted to the Bureau of Mediation Services for determination. 2 91-535 r��� � � 4.1 The Employer shall deduct from the wages of Employees who authorize such a deduction in writing an amount necessary to cover monthly Associarion dues and assessmems. Such monies shall be remitted as d"uected by the Association. 4.2 The Association may designate Employees from the bargaining unit to act as stewazds and shall inform the Employer in writing of such choice. 4.3 The Associauon agrees to indemnify and hold the Employer harmless against any and all clauns, 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 article. 4.4 The Association agrees that an administrative service fee of fifry cents ($0.50) per , member per month shall be deducted by the City of Saint Paul. � � � � � yr.�; 5.1 The SPFSA recognizes the prerogatives mf the Employer to operate and manage its affairs in all respect� in accordance with applicable laws and regulauons of appropriate authorities. The prerogatives and authority which the Employer has not officially abridged, delegated or modified by this Agreement are retained by the Employer. 5.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include but are not limited to, such areas of discretion of policy as the functions and programs of the employer, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. . , , �.� � . 6.1 DEFINITION OF GRIEVA1�iCE: A grievance is defwed as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of the Agreement. 6.2 SPFSA REPRESENTATIVES: The Employer will recognize representatives designated hy the SPFSA as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The SPFSA shall notify the Employer in writing of the names of such SPFSA representatives and of their successors when so designated. 3 q7-535 ARTI 6- TFV PRO EDLmF (ContinuedJ 6.3 PROCESSING OF GRIEVANCE: It is recognized and accepted by the SPFSA and the Employer that the processing of grievances as hereinafter provided is limited by the job duues and responsibilities of the Employee and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and resgonsibilities. The aggrieved Employee and the SPFSA shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided the Employee and the SPFSA representatives have no�ed and received the approvai of the designated supervisor who has determined that such absence is reasonable and would not be detrimentai to the work program of the Employer. 6.4 PROCEDURE: Grievances, as defined by Section 5.1 shall be resolved in confonnance with the following proce.dure: StTD I An Employee claiming a violation concerning the interpretation or application of the Contract shall within twenry-one (21) calendar days after such alleged violation has occurred present such grievance to the Employee's supervisor as designated by the Employer. The Employer d�signated repzesentative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step i and appealed in 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 Contract allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the SPFSA within ten (lOj calendar days shall be considered waived. Sten 2 If appealed, the written grievance shall be presented by the SPFSA, and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the SPFSA 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 Step 2 answer. Any grievance not apgealed in writing to Step 3 by SPFSA within ten (10) calendar days shail be considered waived. Sten 3 If appealed, the written grievance shall be presented by the SPFSA to, and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the SPFSA the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 gtievance. A grievance not resolved in Step 3 may be appealed by the SPFSA to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the SPFSA within ten (1�) calendar days shall be considered waived. 0 9?-535 Optional Mediation t�g If ihe grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendar days, request mediation. If the parties agree that the grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediarion Services for the assignment of a mediator. Grievance mediation shall be completed within thirty (30) days of the assignment unless the parties mutually agree to lengthen the time limit. 2. Grievance mediation is an oprional and voluntary part of the grievance resolution process. It is a supplement to, not a subsritute for, grievance arbitration. Wheu grievance mediation is invoked, the contractual time limit for moving the grievance to arbitration shall be delayed for the period of inediation. The grievance mediation process shall be informal. Rules of evidence shall not apply, and no record shall be made of the proceeding. Both sides shali be provided ample opportuniry to present the evidence and argument to support their case. The mediator may meet with the parties in je�int session or in separate caucuses. 4. At the request of both parties, the mediator may issue an orai recommendation for settlement. Eiffier party may request that the mediatar assess how an arbitrator might rule in this case. The grievant shall be present at the grievance mediation proceeding. If the grievance is resolved, the grievant shall sign a statement agreeing to accept the outcome. Unless the parties agree otherwise, the outcome shall not be precedential. 6. If the grievance is not resolved and is subsequendy moved to arbitration, such proceeding shall be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resoludon or offers of settlement may be used or referred to during arbitration Sten 4 A grievance unresolved in Step 3 and appealed to Step 4 shall be submitted to arbivation subject to the provisions of the Public Employment Labor Relations Act of 1971. The selection of arbitrator shall be made in accordance with the "Rules Governing the Arbivation of Grievances" as established by the Pubiic Employment Relations Board. 6.5 ARBIT1tATOR'S AIJTHORITY: The azbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of the Agreement. The arbitrator shail consider and decide only the specific issue(s) submitted in writing by the Employer and the SPFSA, and shail have no authority to make a decision on any other issue not so submitted. 5 q7-535 ' , • � :� ' i � i ��_ , � � • , 6.6 The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thiriy (30) days following the close of the hearing or the submission of briefs by the parties, wluchever is later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. 6.7 The fees and expenses for the arbitrators' services and proceedings shall be bome equally by the Employer and ffie SPFSA, provided that each parcy 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 equally. 6.8 WAIVER: If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step vdathin ihe specified time limit or any agreed extension thereof, it shall be considered sett�d on ffie basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the SPFSA may elect to treat the grievance as denied at that step and immediately appeai the grievance to the next step. The time limit on each step may be extended by mutual written agreement of the employer and the SPFSA in each step. 6.9 RECORDS: All documents, communications and records dealing with a grievance shall be filed separately from the personnel files of the involved employee(s). TI L. 7- SAVIN LA TSF 71 This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Saint Paul. In the event any provision of this Agreement shall be held to be conuary to law by a couft 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 pariy. ' ' All � ' I � :_� 8.1 The 1972 base of One Hundred Twenty Dollars ($12o.00) as a clothing allowance on a voucher system will be increased January 1, 1974, and each yeaz thereafrer on tlte basis of a yearly study of the increased cost of the defined uniform. The 1972 base cost of the uniform is stipulated and attached as Appendix A. 6 91-53� ARTICLE S- iJNIFORM Ai_r nwaN['F (Conti�ued) 8.2 It is further understood that employees covered by this Agreement shall receive a clothing allowance wluch is Thirty ($30.OQ) doliars greater than that provided by Article 8.1 of ttus Agreement. ARTICLE 9 - LEGAL SERVICE 9.1 Except in cases of malfeasance in office or willful or warnon neglect of duty, the Employer shall defend, save harmless and indemnify an Employee, and/or hislher estate, against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission cecurring in ffie performance and scope of the Employee's duties. 9.2 Notwithstanding Article 9.1, the employer shall not be responsible for paying any legal service fee or for providing any legal service arising from any legal action where the employee is the Plaintiff. ARTICLE 10 - SENIORITY 10.1 Department Seniority: For the purposes of this Agreement senioriry shalt be defined as the length of continuous and uninterrupted employment in the fire department. 10.2 LoSS of Department Seniority: An Employee will lose acquired department seniority in the following instances: 10.2.1 Resignation 10.2.2 Discharge 10.2.3 Retirement 10.3 Work Force Reduct5on: In the event of a reduction in the department work force, such reduction shall occur in accordance with 5ection 22 of the Civil Service Rules as of the date of the signing of this Agreement. 10.4 Reduction in Rank: Reduction in rank shall be in accordance with the Civil Service Rules as of the date of the signing of this Agreement. (Except as indicated below) 10.4,1 Reduction in rank for periods up to but no more than 30 consecutive calendar days will be by platoon seniority. 10.4.2 Reduction in rank for more than 30 consecutive calendar days shall be in accordance with the Civil Service Rules as of the date of the signing of this Agreement. AR'i'ICLE ll - CALL BACK 11.1 Employees required by the Employer to report for work during off-duty time will be compensated at the overtune rate in accordance with Article 2.10 of this Agreement. The minunum payment under this Article will be four (4) tunes the Employee's hourly rate. An early report of two (2) hours or less, or an extension of a normally scheduled tour of duty, shall not qualify an Employee for this minimum payment. 7 � � � �, 12.1 The insurance plans, premiums for coverages, and benefits contained in the insurance plans offered by the Employer shali be solely controlled by the contracts negotiated by the Employer and the henefit providers. The Bmployer will attempt to prevent any changes in the benefits offered by the benefit providers. However, ihe employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. 12.2 Effective for the January 1, 1994 insurance coverage, the Employer will contribute $316.97 per month to eligible employees who select single health insurance coverage. The Employer will contribute $333.46 per month to eligible employees who select family health insurance coverage. 12.3 Effective for the January, 1995 insurance coverage, the Employer will contribute $300.00 per month to eligible emgloyees who select single health insurance coverage. The Employer will contribute $344.31 per month to eligible employees who select family health insurance coverage. 12.4 Effective for the January, 1996 insurance coverage, the Employer will conuibute $300.00 per month to eligible employees who select single health insurance coverage. The Employer will contribute $355.38 per month to eligible employees who select family health insurance coverage. 12.5 Under the "Cafeteria Plan" full-time, eligible employees, must select at least single health insurance coverage and employee life insurance in an amount of $5,000. It is understood that these mandatory coverages may not be waived. Any unused portion of the Bmployer's contribution for which an employee is eligible is defined as unused benefit dollars, not salary, and shall be paid to the employee as taYable income. Such payment wi11 be made during ffie month of December for the insurance year, For employees who terminate their employment with the Ciry of Saint Paul, such payment shall be made within 90 days following termination. However, an employee whose spouse is also employed by the City of St. Paul and is eligible to participate in the city's health insurance plan will not be required to select the mandatory health insurance coverage as long as one of the spouses is participating in the city's health insurance plan with family coverage. The mandatory life insurance coverage continues to apply. In this event, only the difference between the cost of the mandatory life insurance and the employer contribudon amount for single health insurance coverage shall be eligible for payment as unused benefit dollars 12.6 Under the "Cafeteria Plan," employees covered by this agreement wIll be eligible to participate in the Flexible Spending Accounts offered by the Employer. The service fee charged for employees participating in the Dependent Caze Account will be paid by the Employer. The service fee for employees participating in the Medical Expense Account will be paid by the employee. 9�s35 � q�J-53� ARTICLE 12 - INSURANCE (Continued) Survivor Insurance 12.7 In the event of the death of an active employee, the dependents of the employee shall have the option, within thirty (30) days, to continue the current hospitalizauon and medical benefits, including such plan improvements as may be made from time to time, which said dependents previously had, at the premium and Employer contribuuon applicable to eligible early retirees. The date of death shall be considered to be the date of retirement. In the event of the death of an early retiree or a regulaz retiree, the dependents of the retiree shall have the option, within thirty (30) days, to continue the current hospitalization and medical benefits which said dependents previousiy had, at the premium and Employer coturibution accorded to the eligible deceased retiree. In the event of the death of an employee killed in the line of duty, the Employer will contribute 100% of the premium for either single or family health insurance coverage for eligible dependents. An eligible dependent who is not enrolled in the Ciry's health insurance program at the time of the employee's death will have an option to enroll at the next annuai open enrollment period. It is understood that such coverage shali cease in the event af: 12.7.1 The suhsequent remarriage of the surviving spouse of the deceased employee or retiree. 12.7.2 The employment of the surviving spouse where hospital insurance coverage is obtained through a group program provided by said Employer. However, it is further understood that in said event, the surviving spouse shall have the right to maintain City health insurance coverage for the first ninety (90) days of said employment. Retiree Insurance 12.8 Employees who retire must meet the following conditions in order to be eligible for Employer contributions listed in Articies 12.9 through 12.14 below toward a health insurance plan offered by the Employer: 12.8.1 Be receiving benefits from a public employee retirement act covering employees of the Ciry of Saint Paul at the time of retirement, and 12.8.2 Have severed his/her relationship with the Ciry of Saint Paul under one of the retiree plans, and E 9�-535 ARTIC .. 12 - INC 1R_AN .F (getiree Insurance continued} 12.8.3 12.8.4 Early Retirees Have completed at least 20 years of service with the City of Saint Paul or be receiving a disabiliry pension from the City of Saint Paul, and Have severed hislher relationstup with the City of Saint Paul for reasons other than an involuntary termination for misconduct. 12.9 This Article shall apply to employees who: 12.9.1 12.9.2 12.9.3 12.9.4 Retire on or before December 31, 1995, and Have not attained age 65 at retirement, and Meet the tenns set forth in Article 12.8 above, and Select a heaith insurance pian offered by the Employer. Until such retirees reach sixty-five (65} years of age, the Empioyer agrees to contribute the cost of such single coverage or $106.32 per month, whichever is less. For such eligible early retirees who select family coverage, the Employer wi11 conuibute the cost of such family coverage or $318.41 per month, whichever is less. When such early retiree attains age 65,the provisions of Article 12.12 shall apply. 12.10 This Article shall apply to employees who: 12.10.1 Retire on or after 7anuary 1, 1996, and 12.10.2 Were appointed on or before December 31, 1995, and 12.10.3 Have not attained age 65 at retirement, and 12.10.4 Meet the terms set forth in Article 12.8 above, and 12.1Q.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 maYimum of $350.00 per month toward the premium for single or family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. When such early retiree attains age 65, the grovisions of Article 12.13 shall apply. 12.11 This Article shall apply to employees who: 12.11.1 12.11.2 12.11.3 12.11.4 12.11.5 Retiree on or after January 1, 1996, and Were appointed on or after January 1, 1946, and Have not attained age 65 at retirement, and Meet the terms set forth in Article 12.8 above, and Select a health insurance plan offered by the Employer. 10 �'I - 535 ARTICLE 12 - INSURANCE (Early Retirees continued) Until such retirees reach sixty-five years (65) of age, the Employer agrees to contribute a maximum of $300.00 per month toward the cost of single or family health insurance coverage. Any unused portion of the Employer's contribution shall not be paid to the retiree. R'hen such early retiree attains age 65, the provisions of Article 12.14 shall apply. Regular Retirees (Age b5 and over) 12.12 This Article shall apply to employees who: 12.12.1 Retire on or before December 31, 1495, and 12.12.2 Have attained age 65 at retirement, and 12.12.3 Meet the terms set forth in Article 12.8 above, and 12.12.4 Select a health insurance plan offered by the Bmployer. The Employer agrees to contribute 100% of the single or family premium for any health insurance plan offered to regular retirees and their dependents by the Employer. This Article shall also apply to early retirees who retired under the provisions of Article 12.9 when such early retiree attains age 65. 12.13 This Article shall apply to employees who: 12.13.1 Retire on or after 7anuary 1, 1996, and 12.13.2 Were appointed prior to January i, 1996, and 12.13.3 Have attained age 65 at retirement, and 12.13.4 Meet the terms set forth in Article 12.8 above, and 12.13.5 Select a health insurance plan offered by the Employer. The Employer agrees to contrihute a maximum of $SSO.QO per month toward the premium for single or family health insurance coverage offered to regular retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. Tfris Article shall also apply to early retirees who retired under the provisions of Article 12.10 when such eazly retiree attains age 65. 12.14 This Article shall apply to employees who: 12.14.1 12.14.2 12.143 12.14.4 12.14.5 Retire on or after January 1, 1996, and Were appointed on or after 3anuary 1, 1996, and Have attained age 65 at retirement, and Meet the terms set forth in Article 12.8 above, and Select a health insurance plan offered by the Employer. 11 97-535 ARTICLE 12 - INSiTRANCE (Regtttar Retiree continued) The Employer agrees to contribute a maximum of $300.00 per month toward the premium for single or family health insurance coverage offered to regulaz retirees and their dependents. Any unused portion of the Employer's contribution shalt not be paid to the retiree. This Article shali also apply to early retirees who retired under the provisions of Article 12.11 when such early retiree attains age 65. 12.15 The contributions indicated in this Article 12 shall be paid to the Employer's third party administrator or designated representative. 12.16 This section dealing with retiree insurance dces not effect retirees who retired prior to the fuily signed 1994-19961abor contract. ARTICLE 13 - VACATION 13.1 Tn each fiscal year, each Full-time employee shall be granted vacation according to the following schedule: Years of service 56 hour EmploYees lst yeaz thru Sth year 112.0 hours * 6th year thiu 15th yeaz 168.0 hours ** 16th yearthru 25th year 235.0 hours *** 26th year and beyond 246.4 hours **** * (2 x designated work week) '� * (3 x designated work week) *** (4.2 x designated work week) ****(4.4 x designated work week) 40 hour Em�lo,Yees 112 hours (14 days) (.0539} 160 hours (20 days) (.0769) 200 hours (25 days) (.0962) 20& hours (26 days) (.1000) 13.2 The department head may pernut Employees to carry over into the following fiscal year, vacation time equivalent to three work weeks. Vaca6on schedules shall be fixed by the department head. An Emgloyee not working full-time shall be granted vacation on a pro-rata basis. 13.3 Employees separated from employment by reason of resignation shali be granted such vacation pay as has been earned and remains unused at the time of separation, provided notification of resignation has heen sent to the depart[nent head, in writing, at least fifteen (15) calendar days prior to the date of resignation. Employees separated from employment by reason of discharge, retirement, or death shall be granted such vacation pay as has been earned and remains unused at the time of s�pararion. Employees granted more vacation time than earned at the tune of separation from employment shall pay the Employer for such unearned vacation. 12 9� 53 5 ARTICLE lA - HOLIDAYS 14.1 In additian to what is provided in Saint Paul Ordinance No. 644G, add one additional floating holiday which is to be added to the vacation schedule by increasing vacation by .2 (two-tenihs) times the number of hours designated as the work week. 14.2 Effective 1986 and in addition to 14.1 above, add one additional holiday (Martin Luther King Day) to the vacarion schedule by increasing vacauon by .2 (two-tenth} tunes the twmber of hours designated as the work week. 143 In addition to what is provided in Section 14.1 and 14.2 above, and the St. Paul Ordinance No. 6446, add one additionai tour of duty holiday. In each year of ttus agreement, this tour of duty Holiday may, at the option of the employee: (1) Be added to the employee's vacation schedule, or (2) the emplayee may choose to receive payment at his regular rate of pay in lieu of taking time off on the additional tour of duty Holiday provided herein. If the Employer has not received and approved an employee's request for his/her additional tour of day Holiday time off by November 15 of each calendar year, such employee can only receive payment at the regular rate of pay and can nc> longer elect to take time off for that calendar year. Such payment shall be made no Pater than the last regularly scheduled pay day of that calendar year 14.4 For those employees assigned to a work week other than Monday through Friday, the holiday shall be observed on the calendar date of the holiday. 14.5 Eligibiliry for Holiday Pay and Fioating Holidays shall be in accordance with Section 1 (one) Subsection I of the Salary Plan and Rates of Compensation Resolution. ' I. •�� '�' 15.1 Sick leave shali be eamed and granted in accordance with the Civil Service Rules. 15.2 In the case of a serious illness or disability of an employee's child, pazent or household member, the head of the department shall grant leave with pay in order for the employee to care for or make arrangements for the care of such sick or disabled persons. Such paid leave shall be drawn from the employee's accumulated sick leave credits. IIse of such sick leave shall be limited to the number of hours designated to be the employee's work week per incident. 15.3 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 grandpazent or grandchild. 13 97-535 A.RTICLE 15 - SICK LEAVE AND P RFNT L LEA ( ontinuedl 15.4 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. 15.5 Ivlaternitv and Parentai L.eave. Pregnant emgtoyees of the City of Saint Paul shall be eligible for ffie use of paid sick leave and unpaid leave of absence in the same manner as any other disabled or ill City employee. Such paid sick leave eligibility shall begin upon certification by the employee's attending physician that the employee is disabled in terms of her ability to perform the duties of her position. A twelve (12) month Parental leave of absence wiffiout pay shall be granted to a natural parent or an adoptive parem, who requests such leave in conjunction with the birth or adoption of a child. Such leave may be extended an additional twelve (12) months by mutual agreement between the employes and the Employer. Refusal on the part of the Employer to grant an extension of such leave shall not be sub}ect to the provisions of Article 6 of this Agreemeait. Employees who return :oflowing 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. ARTICLE 16 - SEVERA�TCE PAY 16.1 Effective January 1, 1990, the employer shall provide a severance pay program as set forth in this Article 16. 16.2 To be eligible for the severance pay program, an employee must meet the following requirements: 16.2.1 The employee mast be voluntazily separated from City employment or have been subject to separation by lay-off or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City Severance pay prograzn. 16.2.2 The employee must file a waiver of reemployment with the Human Resources Director, which will cleariy indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemgloyment (of any type), with the City or with Independent School District No. 625. 16.2.3 The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at ffie time of his sepazation from service. 14 �17-53� . , �_�•� � �� 16.3 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 ffie employee on the date of sepantion for each day of accrued sick leave subject to a maYimum as shown below based on the number of years of service with the City. Yeazs of 5ervice Maximum with the Citv Severance Pav At least 20 $ 5,000 21 6,OOQ 22 7,000 23 8,000 24 9,000 25 10,000 However, any employee separated from City employment on or after 3anuary 1, 1992 who has an accumutated balance of at least one thousand eight hundred fifty (1,850) hours of sick leave credits and at lease ewenty-five (25) years of service at the time of his/her separation from service shail be granted severance pay in the amount of thirry thousand dollars ($30,000). Employee with twenty (20) or more years of service who is ruled disabled and is receiving a disability pension and who has 1850 hours of accumulated sick leave shall be allowed the maximum severance benefit of $30,000. The manner of payment of such severance pay shall be made in three consecutive annual payments of ten thousand doilars ($10,000) each. The annual gayments shall be made in February of each year. The first payment shall be made during the month of February in the year foilowing the year in which the employee separates hislher employment. 16.4 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the empioyee's estate or spouse. 16.5 For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 16.6 The manner of payment of such severance pay shali be made in accordance with the provisions of Ciry Ordinance No. 11490. 16.7 The manner of payment of severance in amounts of ten thousand dollars ($10,000) or less shall be made in accordance with the provisions of City Ordinance No. 11490. 15 97-53 5 ARTICLE 17 - WAGES 17.1 When the 1994 rates for Fire Captain Paramedic are determined, the steps in the 1994 salary range for District Fire Chief shall be adjusted to reflect a fifteen percent (15%) differential above the corresponding step in the 1994 salary range for Fire Captain Pazamedic. The 1994 Fire Captain Paramedic rates on wluch the 15 % differential is based shall not include any amount that has been added to the Fire Captain Paramedic's rate in lieu of an Employer's insutance contribution. Ttus same process shall be repeated to detemvne the final 1995 and 1996 rates for the title of District Fire Cluef. The biweekly rates for tifles other than District Fire Chief covered by this Agreement shall be adjusted each year to reflect the percent as shown below of the 1994, 1945 and 1996 rates applicable to the title District Fire Cluef. TITLE Fire Dispatch Supervisor Assistant Fire Marshal Emergency Preparedness Coordinator Fire Communications Chief Fire Training Officer Chief Fire Investigator Deputy Fire Chief Fire Marshal Emergency Paramedical Service Chief PERCENT of DISTRICT FIRE CIiIEF 85.7% 91.3% 92.9 % 100.0% 100.0% 100.0% iQ8.3 % 108.3% 108.3% Such adjustments shail be effective on the first day of the first payroll period of the respective year. The wage schedule for the purpose of this Agreement shail be Append'uc B attached hereto. 17.2 Any Fire Captain assigned as a paramedic with 15 years of serv3ce who is promoted to District Fire Chief shall begin at the 10 year step effective January 1, 1944. • • i, 18.1 The residency requirements as passed by the Ciry Council on Decembet 30, 1983, under Council File No. 279643, shall apply to all employees covered by this Agreement. 16 q?- 535 � � � �, 19.1 Employees injured during the course of employment and thereby rendered incapable of performing job duties and responsibiliues shall receive full wages during the period of incapacity, not be exceed the period equal to twelve (12) months plus accumulated sick leave. It is understood that in such cases, the twelve (12) month period shall first be utilized and only when same is exhausted shall accumulated sick leave be applicable. 19.2 Employees disabled through injury or siclaiess other than specified in Section 19.1 above shall receive full wages for a period equal to accumulated sick leave, plus six (6) months as provided herein. It is understood that in such cases, accumulated sick leave shall first be utilized before the six (6) months, or any part thereof, shall be applicable. It is further understood that the six (6) month period shall be available to members in this unit only in those years where the last available Annual Report of the City Civil Service Office shall show average sick leave used per member of the Saint Paul Rire Department (based on the 1972 Annual Report method of calculating same), of eight (8) days or less. 19.3 Employees injured or incapacitated by illness in the line of duty sha�3 be entitled to reinstatement at any time within five (5) years from the date of injury or incapacity provided they are physically capable of resuming theirjob. 19.4 Except as specifically provided in this Article, all illness and incapacity rules and policies previously in effect shall continue. �G��31�C��3i � � �� i � � � Y i. 20.1 Policy: The Fire Department recognizes illegal drug and alcohol usage as a threat to the public welfare and the empioyees of the department. Thus, the Fire Deparnnent will take the necessary steps, including drug and alcohol testing, to eliminate illegal usage. It is the goal of this policy to prevent and rehabilitate rather than tenninate the employment of workers who are abusing drugs or alcohol. No member of the �ire Department shall be discharged for illegal drug or alcohol use without first having been offered the opporiunity to discontinue use either through personal choice or by treatment for chemical dependency, if such ueatment is needed. The Union agrees, at the Employer's xequest, to re-open negotiations of this Article during the term of this Agreement. 20.2 Informing Employees About Drug and Alcohol Testing: All employees will be fully informed of the Fire Deparhnent's drug testing policy before testing is administered. Employees will be provided with information conceming the impact of the use of drugs or alcohol on job performance. In addition, the employer shall inform the empioyees of how the tests are conducted, how well the tests perform, when the tests will be canducted, what the tests can determine, and the consequences of testing positive for drug or alcohol use. All newly hired employees will be provided with dus information on their initial date of hire. No employee shall be tested until this information is provided to him. 17 q �-53 5 ARTICLE 20 - DRUG AND ALCOHOL TF TING (Continued) 20.3 Employee Testing: No employee will be tested for drug or alcohol abuse unless there exists reasonable suspicion to believe that the employee to be tested is under the influence of illegal drugs or alcohol. Random or mass testing is prohibited. No such testing may be conducted without the written approval of tt�e o�cer in charge of the unit. The officer in charge must document in writing who is to be tested and why the testing was ordered. Failure to follow any of these procedures shall result in the elimination of the test results as if no test had been administered. The test resulu shall be desuoyed and no discipline shall be levied against the employee. 20.4 Urine collection shall be conducted in a manner which results in a legally acceptable sample as well as providing a high degree of security for the sample, freedom from adulteration of the sample, the highest possible accuracy of the clinical results while at the same time preserving the dignity of the employee. Administrative procedures shall be such as to prevent the submission of fraudulent tests. When appropriate, biologic testing of the samples may be included as part of such administrative procedures. In testing which could result in employee discipline, if the test zesult is positive, a spiit sample shall be reserved for independent analysis which shall be performed at the request of the affected employee. Upon request, an employee shall be entiYled to the presence of a union representative before testing is administered. 20.5 Testing Procedures: All samples shall be tested for Chemical Adulteration, Narcotics, Cannabis, PCP, Cocaine, Amphetamines, Alcohol and Sedatives. The testing shall be done by a Selected Laboratory and the following standards shall be used: Drug Testing Standards Alcohol � � � � Amphetamine .02 concentration as shown hy an analysis of urine � �� � •..�� • �• �K�� Amphetamine Methamphetamine Cocaine metabolites Benzoylecgonine Marijuana metabolites delta-9-THC-9-COOH Opiate metabolites Codeine Total Morphine Phencyclidine PCP Inirial Test levei ng/m1 1,0(70 nglmi 1,000 ng1m1 300 nglml 15 ng/ml 300 ng/ml 300 ng/ml 25 ng/ml GGMS Gonfirmation 500 ng/ml 500 ng/m1 150 ng/ml 15 ng/ml 300 ngfml 300 ng/ml 25 ng/ml m 97-535 i � � � � ._ � • �_ 4h � � � • �, � � � � Barbiturates Benzodiazepine metabolites Methadone Methaqualone Propoxyphene Drug or metabolite detected Secobazbital Pentobarbital Phenobarbital Butabazbital Oxazepam Methadone Methaqualone Propoxyphene Norpropoxyphene Initial Test vl 1 300 ng/ml 1,000 ng/ml 3,000 nglml 1,000 ng/ml 300 ng/ml 300 ng/ml 300 nglml 300 ng/ml 300 ng/ml GC/MS �onfirmarion 1,000 ng/ml 1,000 ng/ml 1,000 ng/ml 1,000 ng1m1 300 ng/ml 300 ng/ml 300 ngJml 300 ng/ml 300 ng/ml Any sample which has been adulterated or is shown to be a substance other than urine shall be reported as such. All samples which test posirive on a screening test shall be confirmed by gas chromatography-mass spectrophotometry, and no records of unconf'umed positive tests shall be released or retained by the laboratory. Testing shall be conducted in a tnanner to insure that an employee's legal drug use does not effect the test results. All results shall be evaluated by a suitably uained occupational physician or occupational nurse prior to being reported. Test results shall be treated with ffie same confidentiality as other employee medical records. The test results shall not be reported outside the Fire Departmern. 20.6 Chemical Dependency Program: Each person whose urine tests positive for illicit drugs shall be medically evaluated, counseled and treated for rehabilitation, if required. In addition, at any time an employee may voluntarily enter the chemical dependency program without feaz of disciplinary actions against him. This Program is designated to provide care and ueatment to employees who are in need of rehabilitation. Details concerning treatment any employee receives at this Program shall remain confidential and shall not be released to the public. The empioyee shall be responsibie for the cost of treatment. No employee shall be relieved or uansferred to other than his usual duties on the basis of one test result although the employee may be re-evaluated for his duty assignment. When undergoing ueatment and evaluation employees shall receive the usual compensation and fringe benefits provided at their assigned position. 19 g�-535 ARTICLE 20 DRU T OHnT CTnv(° (Continued) 20.7 Right of Appeal: Each employee has the right to challenge the results of dmg or alcohol testing in the same manner that he may grieve any managerial action. 20.8 Duty Assignment After Treatment: Once an employee successfully completes rehabIlitation, he shall be returned to his regulaz duty assignment. Employee reassignment during ueaunent shall be based on each individual's circumstances. If follow-up care is prescribed after treatment, this may be a condition of employment. Once treatment and any follow-up care is completed, at the end of two years the records of treatment and positive drug or alcohol test results shall be retired to a closed medical record. The employee shall be given a fresh start with a clean administrative record. 20.9 Right of i3nion Participation: At any tune, the Union, upon request, will have the right to inspect and observe any aspect of the drug and aicohol testing program with the exception of individual test results. The Union may inspect individual test results if the release of this information is authorized by the employee involved. 20.10 Union Held Harmless: This drug and alcohol testing program is solely initiated at the behest of the employer. The Fire Department shall be solely liable for any legal obligations and costs arising out of the provisions andlor application of this collective bargaining agreement relating to drug or alcohol testing. The Union sha11 be held harmless for the violation of any worker rights arising from the administration of the drug or alcohol testing program. 20.11 Conflict with Other Laws: This Article is in no way intended to supersede or waive an empioyee's federal or state constitutional rights. ARTICLE 21 - OVERT 21.1 Employees required to work in excess of their assigned tour of duty will be compensated at the rate of one and one-half (1.5) times the employee's normal rate. Such compensation shail be made in cash or in compensatory tune at the option of the Employer. � „ � �� �.� 22.1 The Employer may discipline employees in any form listed below: Oral Reprimand Written Reprimand Suspension Demotion 9 ?-535 The Employer will discipline employees for }ust cause only and in accordance with the concept of progressive discipline. Empioyees who are disciplined pursuant to the terms of this Article may appeal the Employer's disciplinary action through the grievance procedure set forth in Article 6 of this Agreement or to a Civil Service authority pursuant to the rules and procedures of such authority. ARTICLE 23 - POSTTION OPENIiVGS 23.1 To expedite the filling of vacancies under the civil service procedures, the head of the department or designated representative will: Make requisidon for certification of eligibles to fill a vacancy within fifreen (15) days aftex determuring that a vacancy exists. Within fifteen (15) days after the department head has met with the certified eligibles, he/she will fill the vacancy. If no eligible list is in effect when a vacancy occurs, the department head shall, within fifteen (15) days, request the Human Resources D'uector to conduct an examination for the purpose of establishing an eligible list. Nothing in this Article 23 shall be construed to eluninate or lessen the Deparhnent Head's right to detertnine the number of employees in any class title. 21 1 � 1£ i n� 9?-535 � � . � � 24.1 Except as herein provided, tlus Agreement shall be effective as of the date the Agreement is executed by the parties, and shall continue in full force and effect through the 31st day of December, 1996, and thereafter until modified or amended by mutual agreement of the parties. Bither party desiring to auiend or modify this Agreement shall notify the other in writing so as to comply with the grovisions of the Minnesota Public Employment Labor Relauons Act of 1984. 24.2 The wage schedule attached hereto as Appendix "B" shall take force and effect at such time as is specified in the administradve resolution recognizing and approving this Agreement in accordance with Section 12.09 of the Saint Paul City Charter. Signed this 24th day of Apri1,1997 CITY OF SAINT PAUL ���-�. / Mary . Kearney City Labor Negotiator SAINT PAUL FIRE SiTPERVISORY SSOCIATIO J Colonna, President �� V 22 s�� ,►�► . Regulation "West Point" long sleeve police shirt Regulation "West Point" short sleeve police shirt Ranking Officer's white uniform shirt, long sleeve, West Point 75flOC Ranking Officer's white uniform shirt, short sleeve, West Point 75Q(!C Jersey type long sleeve sweat shirt, navy blue - Wilson 8632 Jersey rype 3/4 sleeve sweat shirt, navy blue - Wilson 8632 Fechheimer Bros. navy blue trousers 32200 Fechheimer Bros. navy blue trousers 32250 Jacket - Light weight, waist sryle Fechheimer 32100 Fur coat - Energy 100FD - Sizes 48 - 50 add 10% - longs add 10% Jacket - California thermal chief - Horace Small Parka - Navy - Butwin 111SP Regular sizes 34 - 46 Extra sizes 48, 50, 52, Long Liners for summer uniform fue fighter jacket - Pechheimer Bros. 32704 Sewing Costs: No cost when ordered with jacket, otherwise .. Caps Trooper Cap Chiefs Navy-Stype Midwest-N.W. 8 pt. Midwest-N.W. Belts - leather - black - 1.5 inch Shoes Wedge style oxford - Red Wing shoe #101 Slip on sryle oxford - FLOAT-AWAYS #J5347 Slip on style oxford - FLOAT-AWAYS #J5318 Lace style oxford - FLOAT-AWAYS Z5096 Slip on style oxford Weinbrenner 1635 Slip on style oxford Weinbrenner 1435 Lace style oxford T5152 Mocc toe Lace style oxford Weinbrenner 1225 Lace sryle oxford Weinbrenner 1250 Socks Munsingweaz #40 Munsingwear #415 - siretch style Ties - black, 4-in-hand, or snap-on style A1 9 I ��� ,� „ _ APPENDIX B: BIWEEKLY RATES Sa3ary ranges applicab3e to tities covered by this Ageement shal] be az shown below: Effective January 1, 1994: Effective December 24, 1994: Effective June 24, 1995: Effective December 23, 1995: Zero percent (0%) One and a half percent (1.5%) increase One percent (I%) increase Two and a half percent (2.5%) increase GRADE 041 FIRE DISPATCH SUPERVISOR Effective 01-� 1-94 12-24-94 06-24-95 12-23-95 A B C �1) �2) �3) 1573.75 1651.47 1733.12 I 597.36 1676.24 1759.12 161333 1693.00 ]776.�1 1653.66 173533 1821.13 D E F (4) (5) (6) 1802.30 1893.44 I 969.46 182933 1921.89 1999.00 1847.62 1941.11 2018.99 1893.81 1989.64 2069.46 GRADE 044 ASSISTANT FIRE MARSI-IAL 01-01-94 12-24-94 06-24-95 ]2-23-95 Q 1-� 1-94 12-24-94 06-24-95 12-23-95 1676.59 1701.74 1718.76 1761.73 17�5.96 1731.55 1748.87 179259 175939 184637 1920.07 2017.22 2098.16 1785.78 1874.07 1448.87 2047.48 2129.63 1803.64 1892.81 1968.36 2067.95 2150.93 1848.73 1940.13 2017.57 2119.65 2204.70 10-YR. t�) 2070.79 2101.85 2122.57 2175.94 2206.10 2234.14 2261.58 2318.12 GRADE 045 EMERGENCY PREPAREDNESS COORD 1790.22 1878.73 1953.71 2052.57 2134.93 2244.76 1817.07 1906.91 1983.02 2083.36 2166.95 2278.43 1835.24 1925.98 2002.85 2104.19 2188.62 2301.21 1881.12 79'74.13 2052.92 2156.79 2243.34 2358.74 GRADE 046 CHIEF FIRE INVESTIGATOR FIRE COMMUNICATIONS CHIEF FIRE DISTRICT CHIEF FIRE TRAINING OFFICER 01-�1-94 12-24-94 06-24-95 12-23-95 183635 ] 863.90 1882.54 ] 929.60 1921.04 1955.95 ]9'T5.51 2024.90 9�-535 15-YR. tg) 2121.48 215330 2174.83 2229.20 2260.10 2294.00 2316.94 2374.86 2299.71 2334.21 2357.55 2416.49 202231 2103,03 2209.44 2298.09 241632 2475.47 2052.64 2134.58 2242.58 2332.56 2452.56 2512.60 2073.17 2155.93 2265.01 2355.89 2477.09 2537.73 2125.00 2209.83 2321.64 2414.79 2539.02 260117 GRADE 049 DEPUTY FIRE CHIEF EMER PARAMEDICAL SERV CHIEF (EFF. 9-12-96) FIRE MARSHALL 01-01-94 12-24-94 06-24-95 12-23-95 1958.77 2018.60 2038.79 2089.76 2086.98 2118.28 2 ] 39.46 2192.95 2790,16 2277.58 2392.82 2488.83 2616.8� 2680.93 2223.01 2311.74 2428.71 2526.16 2656.12 2721,14 2245.24 2334.86 2453.00 2551.42 2682.65 274835 2301.3� 2393.23 251433 2615.21 2749.75 2817.06 B1