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98-01Council File # � Green Sheet # 40118 RESOLUTION GITY 0 SA�IT�'AUL, MINNESOTA � � ' � � � �!./J71i.'�l�l/: //�� I/� �� -� � , �. - 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 Ju1y 1, 1997 - June 30, 1999 Labor Agreement between the Ciry of Saint Paul and District Lodge No. 77 3 International Association of Machinists and Aerospace Workers AFL-CIO. � .,�. ,.vrr �CE/COUNCIL: LABOR RELATIONS CONTACT PERSON & PHONE: NLIE KRAUS 266-6513 M[1ST BE O:� COII�CIL AGENDA BY (DATE) TOTAL k OF SIGNATORE DATE Wl"IIATED GREEN SHEET No.: 40118 5 V —' December 26,1947 IMITAL/DATE INII'[AL(DATE ASSIGN 1 DEPAR7'ME'N'P DIR. _� � 4 CITY COi77�CIL h'UMBER 2 CITY ATTORNEY CITY CLERK Q FOR BUDGET DIR. F1N. & MG7. SERVICE DIR�+� y ROUTING 3 MAYOR (OR ASST.) ORDER ALL LOCAITOtiS acrtoN �Qvss�ren: This resolution approves the attached July 1, 1997 - June 30, 1949 Labor Agreement between the City of Saint Paul and District Lodge No. 77 International Associarion of Machinists and Aerospace Workers AFL-CIO. RECOMMENDATIONS: Approve (A) or Rejece (R) PLANNING COMMISSION CIVIL SERVICE COMMISSION GIB COMMITI£E STAFF DISTRICT COURT SUPFORTS WHICH COUNCIL OBJECTI VE? PERSONAL SERVICE CONTRACfS MqST ANSWER THE FOLLOWING QUESTIONS: 1. Has this person7firm ever worked under a contract far this departrnent? Yes No 2. Hu this person/fi�m ever been a city employee? Yes No 3. Does ihis personlfitm possess a skill not noanaily possesse8 by any cuttent ciry Yes No Explain a!{ yes answers on separate sheet and attach to green sheet II�'ITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): ADYANTAGES IF APPROVED: A17. I�.gYCErilOrit lri 1J13CE T11T'OUF11 3Uri0 3� 1999. DI5ADVANTAGES IF APPROVED: V'AE � d � O � 1��1 \ DISADVANTAGES tF NOT APPROV�.D: f :'�� e � t ' �� . 'OTAL AMOUN'F OF TRA�tiSACTION: UNDING SOURCE: INANCIAL INFORMATION: (EXPLAIN) COST7REVENUEBUDGETED: • ACTIVI'CY N[JMBER: t n T! 1i'vQ Eri': 1 ATTACHMENT TO GREEN SHEET District Lodge #77, International Association of Machinists and Aerospace Workers AFL-CIO �� J t Wages: The Machinists contract expired June 30, 1997; they agreed to the same salary increases as AFSCME Clerical and Technical for the two years of their contract. 07{Ol/97 2.0% 09I01/98 2.0°/n �2101/98 0.5% �4/01/99 0.8% 06 30/ 8 0.2% 1997 2.7% 1998 2.8% Health Insurance: 1997 - Current 199$ 1999 Single $300.00 Single $280.00 Single $260.00 Family Family $340.00 Family $340.00+50% of the $325.00 premium increase Severance Changes to Severance Pay Plan 2: Increase severance amounts as follows: Years of Service with the City At ast 20 21 22 23 24 25 Maximum Severance Pay �4;888 $5,000 �4,�88 $5,500 ��,�88 $6,000 �3;899 $6,SQ� �6;499 $7,000 �60A $10,000 We added two addifional eligibality requirements: 1) that empioyees must be PERA eligibie, meaning they must retire from the City; and 2) to qualify for $10,000, the employee must have an accumulated sick leave balance of at least one hundred (100) days at the time of lusfher separation from service; the requirement is currently eighty (80) days. Retiree Insurance and Severance We eliminated the ability to count School District service for new hires in the eligibility requirements for both Retiree Health Insurance and Severance pay. Upgrade - as proposed by classifications Tool Maker - Water Utility F.ILABREL\CONiRAC'PMACF3�S'I�1997-99V�11'ACH97 - `�. ,� . � - - � t� - �- `;� - � - � _ �. � � - , .�€7LY 1,1997 TH�2�U�H J�1VE 3�z 1999 _ - ,.�_ � � - ._ ::; � �� _ �� - - , � ' ._ . � -. Lr�BUR"�GRE��VIENT . � - w BET�� . ,._ r, z ,. , _ �� -: ,� _ _ P 4 ..: . �. . . . � .:,.� _ _ . ' �� . � _ � ;. : '��i�`C�T� t3�' �AIl�TT;PAtT�, , `. �� - � . �f { ' F 4 S • r �� r _ �� . � , . �� '' �33��R,��' T,(3t3f�� l�n 77 £ w;:,, _:� � ,_ � � �' �; - �� ; ;AND �ERlJS��,�,`� �?�3R�� A�� C�(� - ,�_ � . � - - < , �D Y � 't _�..^ �. � �� ..� (�. . Y - �3 � $ !� _�-� � v: � � S T _ � .. . . _ _ . F _ 5. S �. � e. : � .L Qg - � i INDEX ARTICLE TTTLE PAGE 1 Recognition ......................................................1 2 Definitions .......................................................1 3 Maintenance of Staudazds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Check Off and Aduiinistrarive Service Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Union Rights .....................................................3 6 ManagementRights ................................................3 7 Discipline ........................................................4 8 Hours,Overtime Pay ...............................................4 9 ToolInsurance and Clothing .........................................6 10 Jury Duty ........................................................6 11 LegalServices ....................................................? 12 City Mileage ......................................................7 13 Active Employee Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 14 RetireeInsurance .................................................10 • 15 Holidays ........................................................il 16 Vacation ........................................................12 17 Grievance Procedures .............................................13 18 Savings Clause ...................................................15 14 Severance Pay ...................................................16 20 Wage Schedule ...................................................19 21 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 22 Sick Leave ......................................................19 23 Maternity Leave ..................................................19 24 Safety Shoes .....................................................20 25 Layoffand Bumping ..............................................20 2b Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 AppendixA .................................................... A1 � i �� . AGREEMENT BETWEEN THE CITY OF SAINT PAUL AND DISTRICT LODGE #77, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO This AGREEMENT has been entered into between the City of Saint Paul, hereafter referred to as the EMPLOYER, and District Lodge #77, International Association of Machinists and Aerospace Workers AFL-CIQ, hereafter refened to as the IINION. This AGREEMENT has as its purposes, the promotion of hannonious relations between the EMI'LOYER and the IINION, the establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in full compliance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1984, as amended. • ii !• � ARTICLE 1 - RECOGNITION � 1.1 The EMPLOYER recognizes the i1NI0I�i as the sole and exclusive bazgaining agent for the purposes of establishing wages, benefits, hours and other conditions of employment for all of its employees as outlined in the certification by the State of Minnesota, Bureau of Mediation Services, dated August 15,1973, in case No. 74-PR-77-A, and as set forth below: All regulaz, probationary, and provisional vehicle anrl equipment maintenance personnel who are employed by the Ciry of St. Panl or who have their "terms and conditions of employmeni" established by the goveming body of the City of St. Pau3 in the classifications of Auto Body Repairer, Commnnications Techaician Helper, Equipmeat Repairer, Fire Buildings Repairer, Fire Equipment Servicer, Machinist, Marina-Mechanic, Mechanie-Welder, Parts Runner, Tool Maker - Water Utility, Traffic Maintenance Worker, *Vehicie Maintenance Worker (Light), Vehicle Maintenance Worker (Heavy), VeLicle Mechanic, Vehicle Mechanic (FIeavy Truck & Equipment), Vehicle Mechanic Leadworker, Vehicle Mechanic Supervisor, Vehicle Mechanic Trainee, WeIder and Welder Leadworker, excluding supervisory, confidentiai, temporary, emergency and employees exclusively represented by other labor or employee organizations. • ].2 The parties agree that any new classifications which aze an expansion of the above bargaining unit or which derive from the ciassifications set forth in tltis agreement shall be recognized as a part of this bargain9ng unit, and the parties shall take a13 steps required under the Public Employment Relations Act to accompiish said objective. ARTICLE 2 - DEFINITIONS 2.1 Co]leMive Bazgaining. The EMPL01'ER will bazgain collectively with the UNION with respect to rates of pay, hours and conditions pertaining to employment for ali of the employees in the unit hereinbefore set forth. 2.2 Discrimination. The EMPLOYER will not interfere with, restrain or coerce the employees covered by this AGREEMENT because of inembership in or activity on behalf of the IJNION. The EMPLOYER will not discriminate in respect to hire, tenure of employment or any term or condition of employment against any employee covered by this AGREEMENT because of inembership in or activity on behalf of the tINION, nor wiU it discaurage or attempt to sliscourage membership in the LTNION, or attempt to encourage membership in another Union. ARTICLE 2 - DEFINITIONS 23 This AGREEMENT shaIl designate and define benefits with the exception of pension benefits That shali be granted to the empioyees by the EMPLOYER. If subsequent to this AGREEMENT, any governing body passes a provision which shall create a cast benefit for a employee in this unit, the cost of such benefit shail be paid by the employee until such time as the responsibility of the cost is subsequently negatiated. This provision shaii not compeI either party to reopen negotiations @uring the course of an existing contract. ARTICLE 3- MAINTENANCE OF STANDARDS 3.3 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and all other generat working conditions shall be maintained at not less than the highest minimum standazd as set forth in the Civil Service Rules of the City of Saint Paul, (Resolution No. 3254) and the Saini Paui Salary Plan and Rates of Compensation at the time of the signing of this AGREEMENT, and the conditions of emptoyment sha11 be improved wherever specific provisions for improvement aze made elsewhere in this AGREEMENT. ARTICLE 4- CHECK OFF AND ADMINISTRATIVE SERVICE FEE 4.1 Dues. The EMPLOYER agrees to dednct the UNION membership dues once each month from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the EMPLOYER by a representauve of the t7NION and the aggregate deductions of all employees shalI be remitted together with an itemized statement to the representative by the first of the succeeding month after such deducUOns are made or as soon thereafter as is possibie. 4.2 FairsharP. Any present or future employee who is not a IIr1ION member shati be required io contribute a fair share fee for services rendered by the UNION. Upon notification by tlze IJNION, the EMPLO'YER shall check off said fee from the eamings of the employee and iransmit the same to the LTNION. In no instance shail the required contribution exceed a pzorata share of the specific expenses incurred for services rendered by the representative in relaTionship ta negotiations and administration of grievance procedures. 'Ffiis provision shall remain opera6ve only so long as specifically provided hy Minnesota law and as otherwise legal. � �� L� ARTTCLE 7 - DISCIPLINE 7.1 The EMPLOYER will discipiine employees for just cause only. Discipline wili be in the form of: a) Oral reprunand; b} Written reprimand; c} Suspension; d) Rednction; ej Discharge. 7.2 Employees and the UAiION will receive copies of written repriraands and nofices of suspension and discharge. 73 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or LT7VION may request, and shall be entitled to a meeting with the Employer Representative who initiated the suspension with intenY to dischazge. Dw�ing said five (5) day period, the EMPLOYER may affirm the suspension and discharge in accordance with Civil Service Rules or may modify, or withdraw same. ARTICLE S- HDURS, OVERTIME PAY 8.1 Hours of Employment: The assigned normal work day shail be 8 hours excluding .5 kour for lunch in any twenty-four hour period and 40 hours in any seven-day period. (For employees on a shift basis, Yhis shaIl be construed to mean an average of forry hours a week.) The normal work week shall consist of five consecuYive normal work days. 8.2 Notwithstanding ArticIe 8.1, a Deparlment Head and the IJnion may mutualIy agree in writing to establish a normal work day of ten (10) consecutive hours, excIuding a thirty (30) minuYe lunch period, and a normal work week of four {4) consecutive work days in a seven (7) calendaz day period. A Department Head may unitateratty cease a ten (t0) hour work day, four (4) day work week with five (5) working days notice to the Union if such a schedule does not meet the operating needs of the affected Department. 8.3 Cali-in-Pay: When an employee is calted to work he shalt receive two hours' pay if not put to work. If he is called to workand commences work, he shall be guazanteed four hours pay. These provisions, however, shall not be effective when work is unable to groceed because of adverse weather conditions. � n U � `� � ' � ARTICLE 8- HOiJRS, OVERTIME PAY (Continued) � 8.4 Overtime: Tune on the payroll in excess of ihe normal hours set forth above shall be "overtime work" and sha11 be done only by order of the head of the department. Overtime wiil be assigned based on a rotating opporhmity preset-set by class seniority among ail eligible personnel in the affected division having the skills necessary for the job. In the beginning of each calendar year, the rotation for overtime opgortunities will begin with the most senior emgloyees. The individual may accept or decline. The next opportunity for overtime will go to the ne�ct person on the list who may accept or decline. T6is wili continue until the end of the list is reached and will again start over with the most senior person. If an employee is bypassed for overrime to which he/she would have been endtied, the employee wiil have the opportunity, whenever possible but subject to supervisory approval, to make up the overtime before the end of the next payroll period, at a time convenient to the employee. The Employer reserves the right to deviate from the aforementioned process in emergencies or in such situations where following such process would be detrimental to the operation of the affected unit. Class seniority shali be the detemuning factor in shift assignment, however, the Employer wili not be required to � accept the most senior bidder or to assign the least senior empioyee when considering such factors as the duration of assignment and the productivity needs of the affected unit. Qualifications will be determined by the Employer based on requirements of ihe job, actual job performance and Civil Service certification. 8.5 An empioyee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one half basis for such overtime work. The basis on which such overtime shali be paid shail be determined solely by the EMPLOYER. ARTICLE 9- TOOL INSURANCE AND CLOTHING 9.1 The EMPLOYER will provide five changes of coveralls or five changes of shirLs and � pants per week. The Department shall substitute coveralis for shirts and panu and vice versa at the emgloyee's request. Emgioyees may request such substitution no more than iwo times within a calendaz year. 92 The EMPLOYER agrees to reimburse empioyee for tools unintentionaily damaged, intentionaIly damaged by others or stolen subject to the following conditions: 9.2.1 All tools must be stored on Employer premises in locations flesignated by the EmpIoyer. 9.2.2 All tools that aze small enough to fit in the employee's tool box mnst be locked in it after hours. 9.23 The employee must provide the Employer with a complete and current inventory of ali tools stored on the Employer's premises. The inventory sha11 be listed on forms provided by ihe Employer. T2eimbursement shall be limited to those tools listed on the inventory list submitted by the employee. 9.2.4 In the case of theft, the employee bears tfie burden of proving helshe has met alI of the conditions of Artictes 9.2.1, 9.2.2 and 9.2.3 above. � 4.2.5 In the case of tools unintentionatly damaged or intentionalty damaged by others, the tools must be damaged beyond safe use. ARTICLE I6 - JURY DUTY 10.1 Any emptoyee who is required during his regutar working hours to appear in court as a juror or witness except as a witness in his own behalf against the City, shall be paid his regulaz pay while he is so engaged, provided however, that any fees that the employee may receive from the court for such service shaIl be paid to the City and be deposited with the City Finance IJirector. Any emptoyee who is scheduled to work a shift, other ihan the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as he is required to appear in court as a jwor or witness. _ q� -1 ARTICLE 11 - LEGAL SERVICES � 11.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, or indifference to rights of others, the EMPLOYER shall defend, save harmless and indemnify an employee against tort claim or demand whether groundless or otherwise arising out of aileged acts or omission occurring in ttte performance or scope of the employee's duties. 11.2 Notwithstanding the provisions of Section 11.1, the Employer shall not he required to defend or indemnify any employee against personal liability, or damages, costs or expense (a) resuiting from a claim, suit, verdict, fmding, determination or judgment that the empioyee has committed an intentional tort or torts, including but not limited to slander, libe] andlor other defamatory hazms; or (b) arising out of cross claims, counterclaims, affirmative defenses, and/or sepazate actions brought against such employee in zesponse to or resulting from claims, allegations, demands or actions (whether or not litigation was actually commenced) brought, made or instituted by such employee. 11.3 Notwithstanding the provisions of Section I 1.1 or l l.2, the Empioyer may at its sole discretion defend an employee against allegations, claims, demands or actions wholly or in part based on or azJsing out of claimed intentional torts, and in such cases, the employee consents to the extent lawfuliy permitted to such representation without regard • to actual or potential conflicts of interest. 11.4 Each employee, within 20 days after receiving notice of (I) a tort claim or demand, action, suit or proceeding against him or her, and (2) a judgment, verdict, finding or determination, either of which azises out of aileged or found acts or omissions occurring in the performance or scope of the employee's duties, shall notify the City by giving vdritten notice thereof to the City Clerk. ARTICLE 12 - CITY NiILEAGE 12.1 Automobile Reimbursement Aut6orized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursament of Caty officers and employees for the use of their automobiles in the perfortnance of their duties, the follow�ing provisions aze adopted. 12.2 Method of Computation: To be eligib]e for such reimbursement, all officers and employees must receive written authorization from the Department Head. If an employee is required to use his/her own automobile during empioyment, the employee shail be reimhursed at $.27.5 per mile for each mile actuaily driven. ARTICLE 12 - CITY MILEAGE 123 The City wi11 provide pazking at the Civic Center Parking Ramp for Cit}� employees who aze required to have their personal caz available for City business. Such pazking will be provided only for the days the employee is zequired to have his or her own personal car available. 12.4 Rules and Regutations: The Mayor shail adopt rules and regulations governing the procedures for automobile reimbursement, such regulations and rules shall contain the requirement that recipients shali file daaly reports indicating miles driven and shall file monthly �davits stating the number of days worked and the ttuinber of miles driven, and furcher require that they maintain automobile iiabifity insurance in amounts of not less than $100,Q00/$300,000 for personal injury, and $25,OOd for property damage, ar iiability instuance in amounts not less than $300,000 single limit coverage, with the Ciry of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shali be maintained on file with the City Clerk. ARTICLE 13 - ACTIVE EMPLOYEE INSURANCE � 13.1 The insurance pIans, premiums for coverages and benefits contained in the insurance plans offered by the Employer shatl be solely controlled by the contracts negotiated by the � EmpIoyer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by the benefit praviders. However, the employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. The Employer's Cafeteria Pian Document and IRS rules and regutauons shall govem the EmpIoyer provided health and welfaze benefit program. 13.2 For the purpose of this Article, full-time employment is defined as appearing on the pa}�roll an average of at Ieast 32 hours per week for the immediatety preceding twetve (12) month period en@ing June 30th. Three-quarter rime emgloyment is defined as appearing on Yhe payroll an average of at least 26 hours per week but less than 32 hours per week for the imcnediately preceding twelve (12) month period ending June 30th. Half-rime empioqment is defined as appearing on the payroll an average of at least 20 hours per week bui less than 26 hours per week for the itnmediately preceding twelve (12) month period ending Jttne 30th. _ q�-( • ARTICLE 13 - ACTIVE EMPLOYEE INSURANCE (Continued) The above determination shall exclude periods of layoff and approved unpaid leave of absence when the employee retums to the same position and employment condition. The Employer shall determine the time status of a new or changed position based on the above definitions as to fuli-time, three-quarter or half-time employment. 133 Effective January 1, 1997, the Employer agees to contrihute, for fuil-time employees, $300.00 per month towazd the cost of single health insurance coverage under the "Cafeteria Plan." For three-quarter fime employees the Employer's contribution shali be $225.00 per month. For half-time employees Yhe Employer's contribution shali be $I50.00 per month. Effective January 1, 1497, the Employer's contrihution towazd the cost of family health care coverage for full-tame employees shall be adjusted to $325.00 per month. For three- quarter time empioyees the Employer's contribution of family health care coverage shall be adjusted to $243.75 per month. Fox half-time employees the Employer's contribution of family health caze coverage shall be adjusted to $162.50 per month. 13.4 Effective January 1, 1998, the Employer agrees to contribute, for full-time employees, $280.00 per month toward the cost of single health insurance coverage under the • °Cafeteria Plan." For three-quarter time employees the Employer's contribution shall be $210.00 per month. For half-time employees the Employer s contribution shall be $14Q.00 per month. Effective January I, 1998, the Employer's contribution towazd the cost of family hea3th care coverage for full-time employees shall be adjusted to $340.00 per month. For three- quarter time employees the Employer's contribution of family health caze coverage shall be adjusted to $255.00 per month. For half-time employees the Employer's contribution of family health care coverage shall be adjusted to $170.00 per month. 13.5 Effective January 1, 1999, the Employer agrees to contribute, for fuil-time employees, $260.00 per month towazd the cost of single heaith insurance coverage under the "Cafeteria Plan." For tluee-quarter time employees the Emptoyer's contribution shall be $145.Q0 per month. For haif-time employees the Employer's contribution shall be $130.00 per month. Effective January 1, 1999, the Empioyer's contribution toward the cost of family health care coverage for full-time employees shall be adjusted to $340.40 plus 50% of the premium increase per month. For three-quarter time empioyees the Employer's contribution of family heaith caze coverage shall be adjusted to three-quarters of the Employer's contribution for full-time employees. For half-time employees the Employer's contribution of family health care coverage shall be adjusted to one-half of , the Employer's contribution for full-time employees. ARTICLE 13 - ACTIVE EMPLOYEE INSURANCE (Continued) • 13.6 Under the "Cafeteria Plan," all eligible employees regazdless of the number of average hours worked must select at least single coverage hospital-medical insurance and employee life insurance in an amoztnt of $5000. Any unused portion of the Employer's contribution for which an employee is eligible sha11 be paid to the employee as tazcable income. Such payment will be made during the month of December for the Plan yeaz. For empIoyees who terminate their employment with the City of Saini Paul, such payment shall be made within 90 days following ternunation. 13.7 For employees who become disabled and aze eligible for a disability pension from a retirement fund to which the City of Saint Paul has conzributed, the Employer shall contribute towazd the hospitat-medical insurance program offered by the Employer ia accordance with Article 14 of this Agreement. 13.8 The insurance benefits provided nnder this Article sha11 not apply to temporary or provisional employees. ARTICLE 14 - RETIREE INSURANCE 14.I FuII-time eligibie empIoyees must meet the following conditions at the time of retirement in order to be eligible for the Employer contribution towazd the hospitaI-medical � insurance program offered by the Employer. 14.I .1 Have completed at least twenty-five (25} yeazs of service witii the City of Saint Paul. Employment with School District #625 witl not be counted toward the service requirement for employees hired after 07/Ol/97 towazd years of service for retiree health eiigibility. AND Be receiving a pension from a retirement fund to which the City of Saint Panl has contributed. 14.2 For employees who were hired prior to July 1, 1975 and who, at the time of retirement, meet the eligibility requirements set forth in Articie 14.1.1, the Employer agrees to contribute, for ihe life of the retiree, the following; The fu1I cost of the Ieast expensive single premium for hospital-medical insurance offered by the Employer. I � io q�-I . ARTICLE 14 - RETIREE INSURANCE (Continued) 14.3 For employees who were lured on or after July 1, 1975, and who, at the time of retirement, meet the eligibility requirements set forth in Article 14.1.1, the Bmpioyer will provide, for the life of the retiree, the full premium cost of the least expensive single health insurance coverage provided by the Employer at the tune the employee tetires. The City's contribution level shall remain constant, except that such conuibution level shall be refigured at the full cost of the least expensive premium offered by the Employer at the time the retiree reaches age 65, if such date is after the date of ret'uement. For empioyees who retire and have not completed at least twenty-five (25) years of service with the City at the time of their retirement, the Employer wiil discontinue providing any health insurance contributions upon their retirement. 14.A For employees who retire who do not meet the eligibility requirements set forth in 14.1.1, the Empioyer shall not make any contributions toward insurance coverage. However, if such retiree has completed at leasi ten (10) years of service with the City of Saint Paul, he/she may purchase single andlor dependent health insurance coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by the retiree. 14.5 A retiree's participation in the City's health insurance p]an must be continuous. The • retiree must be participating in a Ciry health insurance plan at the time of retitement. If a retiree chooses not to participate at the time of hisll�er retirement or if a retiree discontinues hislher participation at a later date, such retiree will not be eligible for any future participation or for any Employer contribution. 14.6 In the event of the death of a retiree who is participating in the City's heaith insurance program, the surviving spouse or dependent of the deceased may continue to participate in the City's health insurance plan at hislher own cost. Eligibility to continue to participate shall terminate when such spouse or dependent remarries or becomes eligible for group health insurance through any empioyer. ARTICLE 15 - HOLIDAYS I5.1 Holidays recognized and observed. The folipwing days shall be recognized and observed as paid holidays: 1 I�Tew Year's Day Labor Day Martin Luther King Day Veterans' Day Presidents' Day Thanksgiving Day Memoriai Day Day after Thanksgiving lndependence Day Christmas Day Two floating holidays ii ARTICLE 15 - HOLIDAYS Eligible emptoyees shall receive pay for each of the holidays listed above, on which they perForm no work. Whenever any of the holidays listed above shail faii on Saturday, the preceding Friday shalI be observed as the holiday. Whenever any of the holidays Iisied above shaIl fall on Sunday, the succeeding Monday shall be observed as the holiday. 15.2 The floadng holidays set forth in Section 25.1 above may be taken at any time during the fiscai year, subject to the approval of the deparhnent head. For the purpose of this articie the "fiscal year" shaIl be the IRS payroll reporting year. 153 Eligibility Requirements. In order to be etigible for a holiday with pay, an emptoyee's name musz appeaz on ihe payroli on any six working days of the nine working days preceding the hoIiday; or an employee's name must appeaz on the payroil the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case sha11 the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary nor other empIoyees not heretofore eligible shalI receive holiday pay. ARTICLE 16 - VACA'i'ION I6.1 Tn each calendar yeaz, each full-time empioyee shail be granted vacation according to the following schedule: Years of Service Less than 8 yeazs After 8 yeazs thru 15 years After 15 yeazs and thereafter Vacation Granted 15 days 20 days 25 days 16.2 Employees who work less than full-time shall be granted vacation on a pro rata basis. ] 6.3 The head of the department may pemut an empioyee to cazry over into the following vacation year up to one hundred twenty (120) hours of vacation. 16.4 The above pmvisions of vacation sha11 be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 16.5 If an employee has an accutnulazion of sick leave credits in excess of one hundred and eighty days, he may convert any part of such excess to vacation ai ihe rate of one-half day's vacation for each day of sick leave credit. 16.6 The m�imum number of days' vacation allowed by the conversion of sick leave credits shall be no more than five days in any one yeaz so Yhat the maYimum vacation tnne which may be taken in any one year shall be forty-five (45) days including the regulaz vacation period. �� - 12 qg - � � ARTICLE 17 - GRIEVANCE PROCEDURES 17.1 The EMPLOYER shall recognize stewards selected in accordance with UNION rules and regulations as the grievance representative of the hazgaining unit. The tTr1ION shali notify the EMPLOYER in writing of the names of the Stewazds and of their successors when so named. 17.2 It is recognized and accepted by the EMPLOYER and the LRIION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours oniy when consistent with such einployee duties and responsibilities. The stewazd involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EMPLOYER. 17.3 The procedure established by this Article shall be the sole and exclusive procedure for the processin� of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. (To correct the rypo from the 1994-1996 contract.) Grievances shali be resolved in conformance with the following procedure: • Step 1. Upon the occurrence of an alleged violation of this AGREEMENT, the employee involved shall attempt to resoive the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the UN10N. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the reliefrequested. Any alleged violation ofthe AGREEMENT not reduced to writing by the UI3ION within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated Employer Supervisor shall meet with the Union Stewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the iJNION within seven (7) calendar days foltowing this meeting. The iJNION may refer the grievance in writing to Step 3 within seven (?) calendaz days following receipt of the BMPLOYER'S written answer. Any grievance not referred in writing by the LTNION within seven (7) calendar days foliowing receipt of the EMPLOYER'S answer shall be considered waived. L 13 ARTICLE 17 - GRIEVANCE PROCEDURES (Continaed) • Step 3. Within seven (7) calendaz days following receipt of a grievance referred from Step 2 a designated Emptoyer supervisor shall meet with the Union Business Manager or his designaYed representative and anempt to resolve the grievance. Within seven (7) calendaz days following this meeting the EMPLOYER shall reply in writing to the UNTON stating the EMPLOYER'S answer concerning the grievance. If, as a resutt of the written response the grievance remains unreso}ved, the i3NION may refer the grievance to Step 4. Any grievance not referred to in writing by the LJNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYER'S answer shall 6e considered waived. Optionai Mediation Step 1. If the grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendar days, request mediation. If the parties agree that the grievance is suitable for mediation, the parties shall submit a joinY request to the Minnesota Bureau af Mediation Services for the assignment of a mediator. Grievance mediation shall be compieted within 30 days of the assignment. Grievance mediation is an optional and volun#ary part of the grievance resoluuon process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractua] time Iimit for moving the grievance to arbitration shall be delayed for the period of inediation. • The grievance mediauon process shall be informal. Rules of evidence shail not apply, and no record shall be made of the proceeding. $oth sides shall be provided ample opportunity to present ihe evidence and azgument to support their case. T'he mediator may meei with the parties in join2 session or in sepuate caucuses. 4. At the request of both parties, the mediator may issue an orat recommendation for settlement. Either party may requesi tfiat the mediator assess how an azbiirator might rule in this case. 5. 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 parcies agree otherwise, the outcome shall not be precedential. 6. If the grievance is not resolved and is subsequently moved to azbivation, such proceeding shalt be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resolution or offers of settlement may be used or referred to during azbitration. - 14 !• � ARTICLE 17 - GRIEVANCE PROCEDURES (Continued) � Step 4. If the grievance remains unresolved, the LTNION may within seven (?) calendaz days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER., request azbitration of the grievance. The azbivation proceedings shall be conducted by an azbitrator to be selected by mutuai agreement of the EMPLOYER and the iJNI0i3 within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator withiu the said seven (7) day period, either par[y may request the Public EmploymenT Relation Boazd to submit a panel of five (5) arbitrators. Both the EMPLOYER and the iJ1VION shall have the right to strike two (2) names from the panel. The tTN10N shall strike the first (1 st) name; the EMPLOYER shail then strike one (1) name. The process will be repeated and the remaining person shall be the azbitrator. 17.4 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The azbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shail have no authority to make a decision on any other issue not so submitted. The azbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the agplication of laws, rules, or regulations having the force and effect of law. The azbitrator's decision shall be submitted in writing within thirty {30) • days following close of the hearing or the submission of briefs by the parties, whichever be lates, unless the parties agree to an extension. The decision shaIl be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to ihe facts of the grievance presented. The decision of the azbitrator shall be final and binding on the EMPLOYER, the UNION, and the employees. 17.5 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the tINION, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 17.6 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. ARTICLE 18 - SAVINGS CLAUSE 18.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of St. Paul. In the event any provision of this AGREEMENT shail hold to be contrary to law by a court of competent jurisdiction from who final judgment or decxee no appeal has been taken within the time provided, such provision shall be voided. All , other provisions shall contittue in full force and effect. 15 ARTICLE 19 - SEVERANCE PAY 191 The Employer shall provide a severance pay program as set forth in ihis Article. Severance Pay Plan 1 19.2 To be eligible for the severance pay program, an employee must meet tiie foilowing reguirements: 19.2.I The employee must be 58 years of age or older or must be eligible for pension under the "ruIe of 90" provisions of the Public Employees Relirement Association (PERA). 19.2.2 The employee must be voluntarity separated from City emptoyment ar have been subject to sepazafion by iay-off or computsory retirement. Thase employees who aze discfiarged for cause, misconduct, inefficiency, incompetency, or any other discipIinary reason aze not eIigible for the City Severance pay program. � I 9.2.3 The employee must have at least ten (10) years of service under ihe classif ed or unclassified Civit Service at the ume of separation. Empioyment with School District #625 will not be counted towazd the service requirement for employees hired aRer JuIy 1, 1997. � 19.2.4 The employee must file a waiver of reemployment with ihe Director of Human Resowces, which will clearly indicate thaz by requesting severance pay, the employee waives atl ciaims to reinstatement or reemployment (of any type), with the City. 19.2.5 The empioyee musi have accumuiated a minimum of sixty {60) days of sick leave credits at the time of his sepazation &om service. 19.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she witl be ganted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of sepazation for each day of accrued sick Ieave subject to a maximum of 200 accrued sick leave days. 19.4 The maximum amount of money ihat any employee may obtain through this severance pay program is $6,500. 19.5 For the purpose of this severance program, a death of an emptoyee shali be considered as separation of empioyment, and if the emptoyee would have met ail of the requirements set forth above, at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. - 16 �s- i ARTICLE 19 - SEVERANCE PAY (Continued) • 19.6 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 19.7 This severance pay progam shall be subject to and govemed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this articie conflict with said ordinance and in such cases, the provisions of this article shal] control. 19.8 An employee may, in any event, and upon meeting the quaiifications of this article or City Ordinance No.11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by an employee to draw severance pay under either this article or the ordinance sha11 constitute a baz to receiving severance pay from the other. 19.9 The above Articles 19.1 through 19.8 apply only to employees hired prior to July 1, 1989. Severance Pay Plan 2 19.10 Employees hired on or after July 1, 1489 shall be covered by the provisions of the follow7ng Articles 19.11 through 19.16. 1911 For employees hired on or after July I, 1989 the Employer shall provide a severance pay • program as set forth in the following Articles 19.12 through 1916. 1912 To be eligible for the severance pay program, an employee must meet the following requirements: 19.12.1 The employee must be 58 yeazs of age or older or must be eligible for pension under the "rule of 90" provisions of the Pubtic Employees Retirement Association (PERA). 19.12.2 The employee must be voluntazily sepazated from City employment or have been subject to separation, lay-off or compulsory retirement. Those employees who aze dischazged for cause, misconduct, ine�ciency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 19.123 The employee must file a waiver of reemployment with the Director of Human Resources, which will cleazly indicate that by requesting severance pay, the employee waives ali claims to reinstatemeni or reemp]oyment (of any type), with the City. � i� ARTICLE 19 - SEVERANCE PAY (Continued) 19.12.4 The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of his/her sepazation from service. To qualify for $10,000, the employee musi have an accumulated balance of at least one hundred (100) days of sick leave credits at the time of his/her separation from service. 19.13 If an empioyee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-haif of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick ]eave subjecT to a maximum of as shown below based on the number of yeazs of service with the City. Years of Service Maximum with the City Severance Pay At Least 20 $5,000 21 $5,540 22 $6,000 23 $6,500 24 $7,000 25 $10,000 19.14 For the purpose of this severance program, a death of an employee shall be considered as separation of emptoyment, and if the employee would have met aIl 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. 19.15 The manner of payment of such severance pay shaIl be made in accordance with the provisions of City Ordinance No. 11490. 19. I6 This severance pay program shait be subject to and govemed by the provisions of City Ordinance No. I 1490 except in those cases where the specific provisions of Yhis articie confIict with said ordinance and in such cases, the provisions of this article shall controi. 19.17 Notwithsianding Section 19.9, employees appointed prior to July 1, 1989, to a title covered by this agreement who meet the qualiflcations as defined in Severance Pay Plan 2(Sections 19.12 and 19.13), may elect to draw severance pay under the provisions of Severance Pay Plan 2(Section I9.13). An election by an employee to draw severance pay under one Sectian shail constitate a bar to @rarving severance pay under any other provision set forth in this agreement. � • 19.18 Employees appointed on or after July i, 1989 to a title covered by this agreement shall not be eligible for any severance pIan provisions other than the provisions as set forth in � Severance Pay Plan 2(Sections 19.12 thtu 19.16). 18 i� • ARTICLE 20 - WAGE SCHEDULE • 20.1 The wage schedule for purposes of this contract shall be Appendix A, attached hereto. 20.2 The Vehicle Mechanic Leadworker rate wili be $1.02 per hour higher than the Vehicle Mechanic rate. 203 The Welder Leadworker rate wili be $.24 per hour higher than the Welder rate. ARTICLE 21 - STRIKES, LQCKOUTS, WORK INTERFERENCE 2l .1 The tTNION and the EMPLOYER agree that there shall be no strikes, work stoppages, slow-downs, sitdown, stay-in, or other concerted interference with the EMPLOYER'S business or affairs by any of the said iJNION and/or the members thereof, and there shall be no bannering during the existence of this AGREEMENT without first using all possible means of peaceful settlement or any controversy which may arise. Employees engaging in same shal] be liable for disciplinary action. ARTICLE 22 - SICK LEAVE 22.1 Sick Leave With Pay. During any period in which an employee is absent from work on • sick leave with pay, the employee shall not be employed or engaged in any occupation for compensation outside of his regular city employment. Violation of the provision of this paragraph by any employee shall be grounds for suspension or discharge. 22.2 In the case of a serious illness or disability of an employee's child, the Empioyer shall grant leave of absence in accordance with State Legislation. Such leave sha11 be deducted from the employee's accumulated sick leave credits. If the employee has no accumu]ated sick leave credits, such ]eave shall be granted without pay. 223 In the case of a serious illness or disability of an empioyee's dependent, pareni or household member, other than a child, the head of the department shaii grant leave with pay in order for the employee to care for or make arrangements for the caze of such disabled persons. Such leave shall be drawn from the employee's accumulated sick leave credits. Use of such sick leave shall be limited to forty (40) hows per incident. ARTICLE 23 - MATERNITY LEAVE 23.1 Matemity Leave. Maternity is defined as the physical siate of pregnancy of an employee, commencing eight (8) monihs before the estimated date of childbirth, as determined by a physician, and ending six (6} months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the EMPLOYER may approve such leave at its option, and • such leave may be no longer than one (I) yeaz. 19 ARTICLE 24 - SAFETY SHOES 24.1 Effective Juty l, 1996, the EMPLOYER agrees to pay $50.00 towazd the cost or repair of safety shoes purchased by an empioyee who is a member of this unit. The EMPLOYER shall contribute toward the cost or repair of one pair of shoes per contract year and shall not be responsible for any additional cost for aay shoes or repairs thereafter. This reimbursement of $50.00 shall be made only after investigation and approval by the immediate supervisor of that employee. This $50.00 EMPLOYER contribution shall apply only to those employees who aze required to weaz protective shoes or boots by the EMPLOYER. Over the life of this agreement, employees may carry over $50.00 per year towazds the purchase of safety shoes. ARTICLE 25 - LAYOFF AND BUMPING 25.1 As of the effective date of this Agreement, atl Vehicle Mechanics and VehicIe Mechanics (Heavy Truck & Equipment) in atl Deparhments other than Fire and Po2ice shall be considered Vehicle Mechanics (Heavy Truck & Equipment). Further, Vehicle Mechanic {Hea�y Truck & Equipment) class seniority shall be based on ail continuous time served in regular or probationary status as a Vehicle Mechanic and Vehicle Mechanic (Heavy Truck & Equipment) since the last date of appointment to either ciass. � 25.2 For purposes of layoff the Employer shall determine the location and number of • empIoyees to lay of£ Upon the effective date of layoff, a Vehicle Mechanic (Heavy Truck & Equipment), Vehicle Maintenance Worker (Heavy) and Welder may bump the least senior Vehicle Mechanic (Heavy Truck and Equipment}, Vehicte Maintenance Worker (Heavy), and Weider, respectively, Citywide, excluding the Potice and Fire Departments and Independent School District No. 625. An employee exercising a bump across Department lines shall serve up to six (6) months probation in the Department to which he/she bumps. An employee who does not pass probation shall be laid off. The provisions of this section shall not be subject to Article 17, Grievance Procedure. 25.3 In the event that the Employer merges garage operations, the seniority lists of the affected ctasses for those merged operations onty sha11 be merged. • 20 q� - I � ARTICLE 26 - DURATION AND EFFECTIVE DATE 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in ttris Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right aze fully and completely set forth in this agreement. Any and all prior agreements, resolutions, practices, policies or rules or regulations regazding the terms and conditions of employment to the extent they aze inconsistent with this Agreement are hereby superseded. In those areas where Civil Service Rules aze not inconsistent with this Agreement the Civil Service Rules shall continue to be in effect. 26.2 Except as herein provided, this Agreement sha11 be effective as of the date it is executed by the parties and shall continue in full farce and effect through June 30, 1999 and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend, or modify this Agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1984. Any retroactivity shall be owed only to employees who continue to be employed by the City at the time this Collective Bazgaining Agreement is approved. • 263 This constitutes a tentative agreement between the parties which will be recommended by the Director of Labor Relations, but is subject to the approval of the Administration of the City, the City Council and is also subject to ratification by the Union. WITNESSES: CITY OF SAINT PAUL BY: � Mai . Kearney Director of Labor Relations �a -a�-� � � DISTRICT LODGE NO. 77, INTERNATIONAL ASSOCIATION OF MACHII�IISTS AND AEROSPACE WORKERS AFL-CIO BY: a C/,i' Gary hmidt Business Representative : r:�-E �: 2� � . � � �� x� � �o � � � �. ¢ �� - � �o �, � o � � �� <� �. �� • -, n . � "• to `� c`o co "• a> � ?' o r' � a � � K � � � � o �� c � � ,� � � � �� o a o � �, �. �. � � W � � � .- r � r t�° o a � c. 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N ,,,r a � � N � N N � N Y 0 N � N v � � � � � w N � � � r� '� C ' tro 'ri s N Ci7 r C7 O N H �O ^ v ' '"' Cn � "� � W � � a�� y�� r� �� 7 G � c m � � � � Council File # � Green Sheet # 40118 RESOLUTION GITY 0 SA�IT�'AUL, MINNESOTA � � ' � � � �!./J71i.'�l�l/: //�� I/� �� -� � , �. - 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 Ju1y 1, 1997 - June 30, 1999 Labor Agreement between the Ciry of Saint Paul and District Lodge No. 77 3 International Association of Machinists and Aerospace Workers AFL-CIO. � .,�. ,.vrr �CE/COUNCIL: LABOR RELATIONS CONTACT PERSON & PHONE: NLIE KRAUS 266-6513 M[1ST BE O:� COII�CIL AGENDA BY (DATE) TOTAL k OF SIGNATORE DATE Wl"IIATED GREEN SHEET No.: 40118 5 V —' December 26,1947 IMITAL/DATE INII'[AL(DATE ASSIGN 1 DEPAR7'ME'N'P DIR. _� � 4 CITY COi77�CIL h'UMBER 2 CITY ATTORNEY CITY CLERK Q FOR BUDGET DIR. F1N. & MG7. SERVICE DIR�+� y ROUTING 3 MAYOR (OR ASST.) ORDER ALL LOCAITOtiS acrtoN �Qvss�ren: This resolution approves the attached July 1, 1997 - June 30, 1949 Labor Agreement between the City of Saint Paul and District Lodge No. 77 International Associarion of Machinists and Aerospace Workers AFL-CIO. RECOMMENDATIONS: Approve (A) or Rejece (R) PLANNING COMMISSION CIVIL SERVICE COMMISSION GIB COMMITI£E STAFF DISTRICT COURT SUPFORTS WHICH COUNCIL OBJECTI VE? PERSONAL SERVICE CONTRACfS MqST ANSWER THE FOLLOWING QUESTIONS: 1. Has this person7firm ever worked under a contract far this departrnent? Yes No 2. Hu this person/fi�m ever been a city employee? Yes No 3. Does ihis personlfitm possess a skill not noanaily possesse8 by any cuttent ciry Yes No Explain a!{ yes answers on separate sheet and attach to green sheet II�'ITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): ADYANTAGES IF APPROVED: A17. I�.gYCErilOrit lri 1J13CE T11T'OUF11 3Uri0 3� 1999. DI5ADVANTAGES IF APPROVED: V'AE � d � O � 1��1 \ DISADVANTAGES tF NOT APPROV�.D: f :'�� e � t ' �� . 'OTAL AMOUN'F OF TRA�tiSACTION: UNDING SOURCE: INANCIAL INFORMATION: (EXPLAIN) COST7REVENUEBUDGETED: • ACTIVI'CY N[JMBER: t n T! 1i'vQ Eri': 1 ATTACHMENT TO GREEN SHEET District Lodge #77, International Association of Machinists and Aerospace Workers AFL-CIO �� J t Wages: The Machinists contract expired June 30, 1997; they agreed to the same salary increases as AFSCME Clerical and Technical for the two years of their contract. 07{Ol/97 2.0% 09I01/98 2.0°/n �2101/98 0.5% �4/01/99 0.8% 06 30/ 8 0.2% 1997 2.7% 1998 2.8% Health Insurance: 1997 - Current 199$ 1999 Single $300.00 Single $280.00 Single $260.00 Family Family $340.00 Family $340.00+50% of the $325.00 premium increase Severance Changes to Severance Pay Plan 2: Increase severance amounts as follows: Years of Service with the City At ast 20 21 22 23 24 25 Maximum Severance Pay �4;888 $5,000 �4,�88 $5,500 ��,�88 $6,000 �3;899 $6,SQ� �6;499 $7,000 �60A $10,000 We added two addifional eligibality requirements: 1) that empioyees must be PERA eligibie, meaning they must retire from the City; and 2) to qualify for $10,000, the employee must have an accumulated sick leave balance of at least one hundred (100) days at the time of lusfher separation from service; the requirement is currently eighty (80) days. Retiree Insurance and Severance We eliminated the ability to count School District service for new hires in the eligibility requirements for both Retiree Health Insurance and Severance pay. Upgrade - as proposed by classifications Tool Maker - Water Utility F.ILABREL\CONiRAC'PMACF3�S'I�1997-99V�11'ACH97 - `�. ,� . � - - � t� - �- `;� - � - � _ �. � � - , .�€7LY 1,1997 TH�2�U�H J�1VE 3�z 1999 _ - ,.�_ � � - ._ ::; � �� _ �� - - , � ' ._ . � -. Lr�BUR"�GRE��VIENT . � - w BET�� . ,._ r, z ,. , _ �� -: ,� _ _ P 4 ..: . �. . . . � .:,.� _ _ . ' �� . � _ � ;. : '��i�`C�T� t3�' �AIl�TT;PAtT�, , `. �� - � . �f { ' F 4 S • r �� r _ �� . � , . �� '' �33��R,��' T,(3t3f�� l�n 77 £ w;:,, _:� � ,_ � � �' �; - �� ; ;AND �ERlJS��,�,`� �?�3R�� A�� C�(� - ,�_ � . � - - < , �D Y � 't _�..^ �. � �� ..� (�. . Y - �3 � $ !� _�-� � v: � � S T _ � .. . . _ _ . F _ 5. S �. � e. : � .L Qg - � i INDEX ARTICLE TTTLE PAGE 1 Recognition ......................................................1 2 Definitions .......................................................1 3 Maintenance of Staudazds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Check Off and Aduiinistrarive Service Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Union Rights .....................................................3 6 ManagementRights ................................................3 7 Discipline ........................................................4 8 Hours,Overtime Pay ...............................................4 9 ToolInsurance and Clothing .........................................6 10 Jury Duty ........................................................6 11 LegalServices ....................................................? 12 City Mileage ......................................................7 13 Active Employee Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 14 RetireeInsurance .................................................10 • 15 Holidays ........................................................il 16 Vacation ........................................................12 17 Grievance Procedures .............................................13 18 Savings Clause ...................................................15 14 Severance Pay ...................................................16 20 Wage Schedule ...................................................19 21 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 22 Sick Leave ......................................................19 23 Maternity Leave ..................................................19 24 Safety Shoes .....................................................20 25 Layoffand Bumping ..............................................20 2b Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 AppendixA .................................................... A1 � i �� . AGREEMENT BETWEEN THE CITY OF SAINT PAUL AND DISTRICT LODGE #77, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO This AGREEMENT has been entered into between the City of Saint Paul, hereafter referred to as the EMPLOYER, and District Lodge #77, International Association of Machinists and Aerospace Workers AFL-CIQ, hereafter refened to as the IINION. This AGREEMENT has as its purposes, the promotion of hannonious relations between the EMI'LOYER and the IINION, the establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in full compliance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1984, as amended. • ii !• � ARTICLE 1 - RECOGNITION � 1.1 The EMPLOYER recognizes the i1NI0I�i as the sole and exclusive bazgaining agent for the purposes of establishing wages, benefits, hours and other conditions of employment for all of its employees as outlined in the certification by the State of Minnesota, Bureau of Mediation Services, dated August 15,1973, in case No. 74-PR-77-A, and as set forth below: All regulaz, probationary, and provisional vehicle anrl equipment maintenance personnel who are employed by the Ciry of St. Panl or who have their "terms and conditions of employmeni" established by the goveming body of the City of St. Pau3 in the classifications of Auto Body Repairer, Commnnications Techaician Helper, Equipmeat Repairer, Fire Buildings Repairer, Fire Equipment Servicer, Machinist, Marina-Mechanic, Mechanie-Welder, Parts Runner, Tool Maker - Water Utility, Traffic Maintenance Worker, *Vehicie Maintenance Worker (Light), Vehicle Maintenance Worker (Heavy), VeLicle Mechanic, Vehicle Mechanic (FIeavy Truck & Equipment), Vehicle Mechanic Leadworker, Vehicle Mechanic Supervisor, Vehicle Mechanic Trainee, WeIder and Welder Leadworker, excluding supervisory, confidentiai, temporary, emergency and employees exclusively represented by other labor or employee organizations. • ].2 The parties agree that any new classifications which aze an expansion of the above bargaining unit or which derive from the ciassifications set forth in tltis agreement shall be recognized as a part of this bargain9ng unit, and the parties shall take a13 steps required under the Public Employment Relations Act to accompiish said objective. ARTICLE 2 - DEFINITIONS 2.1 Co]leMive Bazgaining. The EMPL01'ER will bazgain collectively with the UNION with respect to rates of pay, hours and conditions pertaining to employment for ali of the employees in the unit hereinbefore set forth. 2.2 Discrimination. The EMPLOYER will not interfere with, restrain or coerce the employees covered by this AGREEMENT because of inembership in or activity on behalf of the IJNION. The EMPLOYER will not discriminate in respect to hire, tenure of employment or any term or condition of employment against any employee covered by this AGREEMENT because of inembership in or activity on behalf of the tINION, nor wiU it discaurage or attempt to sliscourage membership in the LTNION, or attempt to encourage membership in another Union. ARTICLE 2 - DEFINITIONS 23 This AGREEMENT shaIl designate and define benefits with the exception of pension benefits That shali be granted to the empioyees by the EMPLOYER. If subsequent to this AGREEMENT, any governing body passes a provision which shall create a cast benefit for a employee in this unit, the cost of such benefit shail be paid by the employee until such time as the responsibility of the cost is subsequently negatiated. This provision shaii not compeI either party to reopen negotiations @uring the course of an existing contract. ARTICLE 3- MAINTENANCE OF STANDARDS 3.3 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and all other generat working conditions shall be maintained at not less than the highest minimum standazd as set forth in the Civil Service Rules of the City of Saint Paul, (Resolution No. 3254) and the Saini Paui Salary Plan and Rates of Compensation at the time of the signing of this AGREEMENT, and the conditions of emptoyment sha11 be improved wherever specific provisions for improvement aze made elsewhere in this AGREEMENT. ARTICLE 4- CHECK OFF AND ADMINISTRATIVE SERVICE FEE 4.1 Dues. The EMPLOYER agrees to dednct the UNION membership dues once each month from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the EMPLOYER by a representauve of the t7NION and the aggregate deductions of all employees shalI be remitted together with an itemized statement to the representative by the first of the succeeding month after such deducUOns are made or as soon thereafter as is possibie. 4.2 FairsharP. Any present or future employee who is not a IIr1ION member shati be required io contribute a fair share fee for services rendered by the UNION. Upon notification by tlze IJNION, the EMPLO'YER shall check off said fee from the eamings of the employee and iransmit the same to the LTNION. In no instance shail the required contribution exceed a pzorata share of the specific expenses incurred for services rendered by the representative in relaTionship ta negotiations and administration of grievance procedures. 'Ffiis provision shall remain opera6ve only so long as specifically provided hy Minnesota law and as otherwise legal. � �� L� qg-( • ARTICLE 4- CHECK OFF AND ADMINISTRATIVE SERVICE FEE 43 The Union agrees that an adminisuative fee of $6.00 per employee, per year shall be deducted by the employer from the empioyee's earnings. This annual deduction shall be made from the first paycheck received in January of each year. 4.4 The L3NION will indemnify, defend and hold the EMPLOYER harmless against any ciaims and all suits, orders or judgments brought or issued against the EMPLOYER, its officers or employees, as a result of any action taken or not taken by the EMPLOYER under the provisions of this section. ARTICLE 5 - UNION RIGHTS 5.1 The tJNION may designate empioyees within the bazgaining unit to serve as Union Stewazds. 5.2 The [JNION shail fumish the EMPLOYER and appropriate department heads with a lisi of Stewazds and altemates, and shall, as soon as possible, notify said appropriate City officials in writing of any changes thereto. Only those who are Stewards shal} be recognized by the EMPLOYER for the purpose of ineetings. • ARTICLE 6 - MANAGEMENT RIGHTS 6.1 The LJNION recognizes the right of the EMPLOYER to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the EMPLOYER has not officially abridged, delegated, or modified by this AGREEMENT are retained by the EMPLOYER. 6.2 A public employer is not required to meet and negoYiate on matters of inherent managerial policy, which include, but are not limited to, such azeas of discretion or policy as ihe functions and programs of the EMPLOYER, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. ARTTCLE 7 - DISCIPLINE 7.1 The EMPLOYER will discipiine employees for just cause only. Discipline wili be in the form of: a) Oral reprunand; b} Written reprimand; c} Suspension; d) Rednction; ej Discharge. 7.2 Employees and the UAiION will receive copies of written repriraands and nofices of suspension and discharge. 73 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or LT7VION may request, and shall be entitled to a meeting with the Employer Representative who initiated the suspension with intenY to dischazge. Dw�ing said five (5) day period, the EMPLOYER may affirm the suspension and discharge in accordance with Civil Service Rules or may modify, or withdraw same. ARTICLE S- HDURS, OVERTIME PAY 8.1 Hours of Employment: The assigned normal work day shail be 8 hours excluding .5 kour for lunch in any twenty-four hour period and 40 hours in any seven-day period. (For employees on a shift basis, Yhis shaIl be construed to mean an average of forry hours a week.) The normal work week shall consist of five consecuYive normal work days. 8.2 Notwithstanding ArticIe 8.1, a Deparlment Head and the IJnion may mutualIy agree in writing to establish a normal work day of ten (10) consecutive hours, excIuding a thirty (30) minuYe lunch period, and a normal work week of four {4) consecutive work days in a seven (7) calendaz day period. A Department Head may unitateratty cease a ten (t0) hour work day, four (4) day work week with five (5) working days notice to the Union if such a schedule does not meet the operating needs of the affected Department. 8.3 Cali-in-Pay: When an employee is calted to work he shalt receive two hours' pay if not put to work. If he is called to workand commences work, he shall be guazanteed four hours pay. These provisions, however, shall not be effective when work is unable to groceed because of adverse weather conditions. � n U � `� � ' � ARTICLE 8- HOiJRS, OVERTIME PAY (Continued) � 8.4 Overtime: Tune on the payroll in excess of ihe normal hours set forth above shall be "overtime work" and sha11 be done only by order of the head of the department. Overtime wiil be assigned based on a rotating opporhmity preset-set by class seniority among ail eligible personnel in the affected division having the skills necessary for the job. In the beginning of each calendar year, the rotation for overtime opgortunities will begin with the most senior emgloyees. The individual may accept or decline. The next opportunity for overtime will go to the ne�ct person on the list who may accept or decline. T6is wili continue until the end of the list is reached and will again start over with the most senior person. If an employee is bypassed for overrime to which he/she would have been endtied, the employee wiil have the opportunity, whenever possible but subject to supervisory approval, to make up the overtime before the end of the next payroll period, at a time convenient to the employee. The Employer reserves the right to deviate from the aforementioned process in emergencies or in such situations where following such process would be detrimental to the operation of the affected unit. Class seniority shali be the detemuning factor in shift assignment, however, the Employer wili not be required to � accept the most senior bidder or to assign the least senior empioyee when considering such factors as the duration of assignment and the productivity needs of the affected unit. Qualifications will be determined by the Employer based on requirements of ihe job, actual job performance and Civil Service certification. 8.5 An empioyee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one half basis for such overtime work. The basis on which such overtime shali be paid shail be determined solely by the EMPLOYER. ARTICLE 9- TOOL INSURANCE AND CLOTHING 9.1 The EMPLOYER will provide five changes of coveralls or five changes of shirLs and � pants per week. The Department shall substitute coveralis for shirts and panu and vice versa at the emgloyee's request. Emgioyees may request such substitution no more than iwo times within a calendaz year. 92 The EMPLOYER agrees to reimburse empioyee for tools unintentionaily damaged, intentionaIly damaged by others or stolen subject to the following conditions: 9.2.1 All tools must be stored on Employer premises in locations flesignated by the EmpIoyer. 9.2.2 All tools that aze small enough to fit in the employee's tool box mnst be locked in it after hours. 9.23 The employee must provide the Employer with a complete and current inventory of ali tools stored on the Employer's premises. The inventory sha11 be listed on forms provided by ihe Employer. T2eimbursement shall be limited to those tools listed on the inventory list submitted by the employee. 9.2.4 In the case of theft, the employee bears tfie burden of proving helshe has met alI of the conditions of Artictes 9.2.1, 9.2.2 and 9.2.3 above. � 4.2.5 In the case of tools unintentionatly damaged or intentionalty damaged by others, the tools must be damaged beyond safe use. ARTICLE I6 - JURY DUTY 10.1 Any emptoyee who is required during his regutar working hours to appear in court as a juror or witness except as a witness in his own behalf against the City, shall be paid his regulaz pay while he is so engaged, provided however, that any fees that the employee may receive from the court for such service shaIl be paid to the City and be deposited with the City Finance IJirector. Any emptoyee who is scheduled to work a shift, other ihan the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as he is required to appear in court as a jwor or witness. _ q� -1 ARTICLE 11 - LEGAL SERVICES � 11.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, or indifference to rights of others, the EMPLOYER shall defend, save harmless and indemnify an employee against tort claim or demand whether groundless or otherwise arising out of aileged acts or omission occurring in ttte performance or scope of the employee's duties. 11.2 Notwithstanding the provisions of Section 11.1, the Employer shall not he required to defend or indemnify any employee against personal liability, or damages, costs or expense (a) resuiting from a claim, suit, verdict, fmding, determination or judgment that the empioyee has committed an intentional tort or torts, including but not limited to slander, libe] andlor other defamatory hazms; or (b) arising out of cross claims, counterclaims, affirmative defenses, and/or sepazate actions brought against such employee in zesponse to or resulting from claims, allegations, demands or actions (whether or not litigation was actually commenced) brought, made or instituted by such employee. 11.3 Notwithstanding the provisions of Section I 1.1 or l l.2, the Empioyer may at its sole discretion defend an employee against allegations, claims, demands or actions wholly or in part based on or azJsing out of claimed intentional torts, and in such cases, the employee consents to the extent lawfuliy permitted to such representation without regard • to actual or potential conflicts of interest. 11.4 Each employee, within 20 days after receiving notice of (I) a tort claim or demand, action, suit or proceeding against him or her, and (2) a judgment, verdict, finding or determination, either of which azises out of aileged or found acts or omissions occurring in the performance or scope of the employee's duties, shall notify the City by giving vdritten notice thereof to the City Clerk. ARTICLE 12 - CITY NiILEAGE 12.1 Automobile Reimbursement Aut6orized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursament of Caty officers and employees for the use of their automobiles in the perfortnance of their duties, the follow�ing provisions aze adopted. 12.2 Method of Computation: To be eligib]e for such reimbursement, all officers and employees must receive written authorization from the Department Head. If an employee is required to use his/her own automobile during empioyment, the employee shail be reimhursed at $.27.5 per mile for each mile actuaily driven. ARTICLE 12 - CITY MILEAGE 123 The City wi11 provide pazking at the Civic Center Parking Ramp for Cit}� employees who aze required to have their personal caz available for City business. Such pazking will be provided only for the days the employee is zequired to have his or her own personal car available. 12.4 Rules and Regutations: The Mayor shail adopt rules and regulations governing the procedures for automobile reimbursement, such regulations and rules shall contain the requirement that recipients shali file daaly reports indicating miles driven and shall file monthly �davits stating the number of days worked and the ttuinber of miles driven, and furcher require that they maintain automobile iiabifity insurance in amounts of not less than $100,Q00/$300,000 for personal injury, and $25,OOd for property damage, ar iiability instuance in amounts not less than $300,000 single limit coverage, with the Ciry of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shali be maintained on file with the City Clerk. ARTICLE 13 - ACTIVE EMPLOYEE INSURANCE � 13.1 The insurance pIans, premiums for coverages and benefits contained in the insurance plans offered by the Employer shatl be solely controlled by the contracts negotiated by the � EmpIoyer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by the benefit praviders. However, the employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. The Employer's Cafeteria Pian Document and IRS rules and regutauons shall govem the EmpIoyer provided health and welfaze benefit program. 13.2 For the purpose of this Article, full-time employment is defined as appearing on the pa}�roll an average of at Ieast 32 hours per week for the immediatety preceding twetve (12) month period en@ing June 30th. Three-quarter rime emgloyment is defined as appearing on Yhe payroll an average of at least 26 hours per week but less than 32 hours per week for the imcnediately preceding twelve (12) month period ending June 30th. Half-rime empioqment is defined as appearing on the payroll an average of at least 20 hours per week bui less than 26 hours per week for the itnmediately preceding twelve (12) month period ending Jttne 30th. _ q�-( • ARTICLE 13 - ACTIVE EMPLOYEE INSURANCE (Continued) The above determination shall exclude periods of layoff and approved unpaid leave of absence when the employee retums to the same position and employment condition. The Employer shall determine the time status of a new or changed position based on the above definitions as to fuli-time, three-quarter or half-time employment. 133 Effective January 1, 1997, the Employer agees to contrihute, for fuil-time employees, $300.00 per month towazd the cost of single health insurance coverage under the "Cafeteria Plan." For three-quarter fime employees the Employer's contribution shali be $225.00 per month. For half-time employees Yhe Employer's contribution shali be $I50.00 per month. Effective January 1, 1497, the Employer's contrihution towazd the cost of family health care coverage for full-tame employees shall be adjusted to $325.00 per month. For three- quarter time empioyees the Employer's contribution of family health care coverage shall be adjusted to $243.75 per month. Fox half-time employees the Employer's contribution of family health caze coverage shall be adjusted to $162.50 per month. 13.4 Effective January 1, 1998, the Employer agrees to contribute, for full-time employees, $280.00 per month toward the cost of single health insurance coverage under the • °Cafeteria Plan." For three-quarter time employees the Employer's contribution shall be $210.00 per month. For half-time employees the Employer s contribution shall be $14Q.00 per month. Effective January I, 1998, the Employer's contribution towazd the cost of family hea3th care coverage for full-time employees shall be adjusted to $340.00 per month. For three- quarter time employees the Employer's contribution of family health caze coverage shall be adjusted to $255.00 per month. For half-time employees the Employer's contribution of family health care coverage shall be adjusted to $170.00 per month. 13.5 Effective January 1, 1999, the Employer agrees to contribute, for fuil-time employees, $260.00 per month towazd the cost of single heaith insurance coverage under the "Cafeteria Plan." For tluee-quarter time employees the Emptoyer's contribution shall be $145.Q0 per month. For haif-time employees the Employer's contribution shall be $130.00 per month. Effective January 1, 1999, the Empioyer's contribution toward the cost of family health care coverage for full-time employees shall be adjusted to $340.40 plus 50% of the premium increase per month. For three-quarter time empioyees the Employer's contribution of family heaith caze coverage shall be adjusted to three-quarters of the Employer's contribution for full-time employees. For half-time employees the Employer's contribution of family health care coverage shall be adjusted to one-half of , the Employer's contribution for full-time employees. ARTICLE 13 - ACTIVE EMPLOYEE INSURANCE (Continued) • 13.6 Under the "Cafeteria Plan," all eligible employees regazdless of the number of average hours worked must select at least single coverage hospital-medical insurance and employee life insurance in an amoztnt of $5000. Any unused portion of the Employer's contribution for which an employee is eligible sha11 be paid to the employee as tazcable income. Such payment will be made during the month of December for the Plan yeaz. For empIoyees who terminate their employment with the City of Saini Paul, such payment shall be made within 90 days following ternunation. 13.7 For employees who become disabled and aze eligible for a disability pension from a retirement fund to which the City of Saint Paul has conzributed, the Employer shall contribute towazd the hospitat-medical insurance program offered by the Employer ia accordance with Article 14 of this Agreement. 13.8 The insurance benefits provided nnder this Article sha11 not apply to temporary or provisional employees. ARTICLE 14 - RETIREE INSURANCE 14.I FuII-time eligibie empIoyees must meet the following conditions at the time of retirement in order to be eligible for the Employer contribution towazd the hospitaI-medical � insurance program offered by the Employer. 14.I .1 Have completed at least twenty-five (25} yeazs of service witii the City of Saint Paul. Employment with School District #625 witl not be counted toward the service requirement for employees hired after 07/Ol/97 towazd years of service for retiree health eiigibility. AND Be receiving a pension from a retirement fund to which the City of Saint Panl has contributed. 14.2 For employees who were hired prior to July 1, 1975 and who, at the time of retirement, meet the eligibility requirements set forth in Articie 14.1.1, the Employer agrees to contribute, for ihe life of the retiree, the following; The fu1I cost of the Ieast expensive single premium for hospital-medical insurance offered by the Employer. I � io q�-I . ARTICLE 14 - RETIREE INSURANCE (Continued) 14.3 For employees who were lured on or after July 1, 1975, and who, at the time of retirement, meet the eligibility requirements set forth in Article 14.1.1, the Bmpioyer will provide, for the life of the retiree, the full premium cost of the least expensive single health insurance coverage provided by the Employer at the tune the employee tetires. The City's contribution level shall remain constant, except that such conuibution level shall be refigured at the full cost of the least expensive premium offered by the Employer at the time the retiree reaches age 65, if such date is after the date of ret'uement. For empioyees who retire and have not completed at least twenty-five (25) years of service with the City at the time of their retirement, the Employer wiil discontinue providing any health insurance contributions upon their retirement. 14.A For employees who retire who do not meet the eligibility requirements set forth in 14.1.1, the Empioyer shall not make any contributions toward insurance coverage. However, if such retiree has completed at leasi ten (10) years of service with the City of Saint Paul, he/she may purchase single andlor dependent health insurance coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by the retiree. 14.5 A retiree's participation in the City's health insurance p]an must be continuous. The • retiree must be participating in a Ciry health insurance plan at the time of retitement. If a retiree chooses not to participate at the time of hisll�er retirement or if a retiree discontinues hislher participation at a later date, such retiree will not be eligible for any future participation or for any Employer contribution. 14.6 In the event of the death of a retiree who is participating in the City's heaith insurance program, the surviving spouse or dependent of the deceased may continue to participate in the City's health insurance plan at hislher own cost. Eligibility to continue to participate shall terminate when such spouse or dependent remarries or becomes eligible for group health insurance through any empioyer. ARTICLE 15 - HOLIDAYS I5.1 Holidays recognized and observed. The folipwing days shall be recognized and observed as paid holidays: 1 I�Tew Year's Day Labor Day Martin Luther King Day Veterans' Day Presidents' Day Thanksgiving Day Memoriai Day Day after Thanksgiving lndependence Day Christmas Day Two floating holidays ii ARTICLE 15 - HOLIDAYS Eligible emptoyees shall receive pay for each of the holidays listed above, on which they perForm no work. Whenever any of the holidays listed above shail faii on Saturday, the preceding Friday shalI be observed as the holiday. Whenever any of the holidays Iisied above shaIl fall on Sunday, the succeeding Monday shall be observed as the holiday. 15.2 The floadng holidays set forth in Section 25.1 above may be taken at any time during the fiscai year, subject to the approval of the deparhnent head. For the purpose of this articie the "fiscal year" shaIl be the IRS payroll reporting year. 153 Eligibility Requirements. In order to be etigible for a holiday with pay, an emptoyee's name musz appeaz on ihe payroli on any six working days of the nine working days preceding the hoIiday; or an employee's name must appeaz on the payroil the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case sha11 the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary nor other empIoyees not heretofore eligible shalI receive holiday pay. ARTICLE 16 - VACA'i'ION I6.1 Tn each calendar yeaz, each full-time empioyee shail be granted vacation according to the following schedule: Years of Service Less than 8 yeazs After 8 yeazs thru 15 years After 15 yeazs and thereafter Vacation Granted 15 days 20 days 25 days 16.2 Employees who work less than full-time shall be granted vacation on a pro rata basis. ] 6.3 The head of the department may pemut an empioyee to cazry over into the following vacation year up to one hundred twenty (120) hours of vacation. 16.4 The above pmvisions of vacation sha11 be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 16.5 If an employee has an accutnulazion of sick leave credits in excess of one hundred and eighty days, he may convert any part of such excess to vacation ai ihe rate of one-half day's vacation for each day of sick leave credit. 16.6 The m�imum number of days' vacation allowed by the conversion of sick leave credits shall be no more than five days in any one yeaz so Yhat the maYimum vacation tnne which may be taken in any one year shall be forty-five (45) days including the regulaz vacation period. �� - 12 qg - � � ARTICLE 17 - GRIEVANCE PROCEDURES 17.1 The EMPLOYER shall recognize stewards selected in accordance with UNION rules and regulations as the grievance representative of the hazgaining unit. The tTr1ION shali notify the EMPLOYER in writing of the names of the Stewazds and of their successors when so named. 17.2 It is recognized and accepted by the EMPLOYER and the LRIION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours oniy when consistent with such einployee duties and responsibilities. The stewazd involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EMPLOYER. 17.3 The procedure established by this Article shall be the sole and exclusive procedure for the processin� of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. (To correct the rypo from the 1994-1996 contract.) Grievances shali be resolved in conformance with the following procedure: • Step 1. Upon the occurrence of an alleged violation of this AGREEMENT, the employee involved shall attempt to resoive the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the UN10N. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the reliefrequested. Any alleged violation ofthe AGREEMENT not reduced to writing by the UI3ION within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated Employer Supervisor shall meet with the Union Stewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the iJNION within seven (7) calendar days foltowing this meeting. The iJNION may refer the grievance in writing to Step 3 within seven (?) calendaz days following receipt of the BMPLOYER'S written answer. Any grievance not referred in writing by the LTNION within seven (7) calendar days foliowing receipt of the EMPLOYER'S answer shall be considered waived. L 13 ARTICLE 17 - GRIEVANCE PROCEDURES (Continaed) • Step 3. Within seven (7) calendaz days following receipt of a grievance referred from Step 2 a designated Emptoyer supervisor shall meet with the Union Business Manager or his designaYed representative and anempt to resolve the grievance. Within seven (7) calendaz days following this meeting the EMPLOYER shall reply in writing to the UNTON stating the EMPLOYER'S answer concerning the grievance. If, as a resutt of the written response the grievance remains unreso}ved, the i3NION may refer the grievance to Step 4. Any grievance not referred to in writing by the LJNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYER'S answer shall 6e considered waived. Optionai Mediation Step 1. If the grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendar days, request mediation. If the parties agree that the grievance is suitable for mediation, the parties shall submit a joinY request to the Minnesota Bureau af Mediation Services for the assignment of a mediator. Grievance mediation shall be compieted within 30 days of the assignment. Grievance mediation is an optional and volun#ary part of the grievance resoluuon process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractua] time Iimit for moving the grievance to arbitration shall be delayed for the period of inediation. • The grievance mediauon process shall be informal. Rules of evidence shail not apply, and no record shall be made of the proceeding. $oth sides shall be provided ample opportunity to present ihe evidence and azgument to support their case. T'he mediator may meei with the parties in join2 session or in sepuate caucuses. 4. At the request of both parties, the mediator may issue an orat recommendation for settlement. Either party may requesi tfiat the mediator assess how an azbiirator might rule in this case. 5. 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 parcies agree otherwise, the outcome shall not be precedential. 6. If the grievance is not resolved and is subsequently moved to azbivation, such proceeding shalt be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resolution or offers of settlement may be used or referred to during azbitration. - 14 !• � ARTICLE 17 - GRIEVANCE PROCEDURES (Continued) � Step 4. If the grievance remains unresolved, the LTNION may within seven (?) calendaz days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER., request azbitration of the grievance. The azbivation proceedings shall be conducted by an azbitrator to be selected by mutuai agreement of the EMPLOYER and the iJNI0i3 within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator withiu the said seven (7) day period, either par[y may request the Public EmploymenT Relation Boazd to submit a panel of five (5) arbitrators. Both the EMPLOYER and the iJ1VION shall have the right to strike two (2) names from the panel. The tTN10N shall strike the first (1 st) name; the EMPLOYER shail then strike one (1) name. The process will be repeated and the remaining person shall be the azbitrator. 17.4 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The azbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shail have no authority to make a decision on any other issue not so submitted. The azbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the agplication of laws, rules, or regulations having the force and effect of law. The azbitrator's decision shall be submitted in writing within thirty {30) • days following close of the hearing or the submission of briefs by the parties, whichever be lates, unless the parties agree to an extension. The decision shaIl be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to ihe facts of the grievance presented. The decision of the azbitrator shall be final and binding on the EMPLOYER, the UNION, and the employees. 17.5 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the tINION, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 17.6 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. ARTICLE 18 - SAVINGS CLAUSE 18.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of St. Paul. In the event any provision of this AGREEMENT shail hold to be contrary to law by a court of competent jurisdiction from who final judgment or decxee no appeal has been taken within the time provided, such provision shall be voided. All , other provisions shall contittue in full force and effect. 15 ARTICLE 19 - SEVERANCE PAY 191 The Employer shall provide a severance pay program as set forth in ihis Article. Severance Pay Plan 1 19.2 To be eligible for the severance pay program, an employee must meet tiie foilowing reguirements: 19.2.I The employee must be 58 years of age or older or must be eligible for pension under the "ruIe of 90" provisions of the Public Employees Relirement Association (PERA). 19.2.2 The employee must be voluntarity separated from City emptoyment ar have been subject to sepazafion by iay-off or computsory retirement. Thase employees who aze discfiarged for cause, misconduct, inefficiency, incompetency, or any other discipIinary reason aze not eIigible for the City Severance pay program. � I 9.2.3 The employee must have at least ten (10) years of service under ihe classif ed or unclassified Civit Service at the ume of separation. Empioyment with School District #625 will not be counted towazd the service requirement for employees hired aRer JuIy 1, 1997. � 19.2.4 The employee must file a waiver of reemployment with ihe Director of Human Resowces, which will clearly indicate thaz by requesting severance pay, the employee waives atl ciaims to reinstatement or reemployment (of any type), with the City. 19.2.5 The empioyee musi have accumuiated a minimum of sixty {60) days of sick leave credits at the time of his sepazation &om service. 19.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she witl be ganted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of sepazation for each day of accrued sick Ieave subject to a maximum of 200 accrued sick leave days. 19.4 The maximum amount of money ihat any employee may obtain through this severance pay program is $6,500. 19.5 For the purpose of this severance program, a death of an emptoyee shali be considered as separation of empioyment, and if the emptoyee would have met ail of the requirements set forth above, at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. - 16 �s- i ARTICLE 19 - SEVERANCE PAY (Continued) • 19.6 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 19.7 This severance pay progam shall be subject to and govemed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this articie conflict with said ordinance and in such cases, the provisions of this article shal] control. 19.8 An employee may, in any event, and upon meeting the quaiifications of this article or City Ordinance No.11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by an employee to draw severance pay under either this article or the ordinance sha11 constitute a baz to receiving severance pay from the other. 19.9 The above Articles 19.1 through 19.8 apply only to employees hired prior to July 1, 1989. Severance Pay Plan 2 19.10 Employees hired on or after July 1, 1489 shall be covered by the provisions of the follow7ng Articles 19.11 through 19.16. 1911 For employees hired on or after July I, 1989 the Employer shall provide a severance pay • program as set forth in the following Articles 19.12 through 1916. 1912 To be eligible for the severance pay program, an employee must meet the following requirements: 19.12.1 The employee must be 58 yeazs of age or older or must be eligible for pension under the "rule of 90" provisions of the Pubtic Employees Retirement Association (PERA). 19.12.2 The employee must be voluntazily sepazated from City employment or have been subject to separation, lay-off or compulsory retirement. Those employees who aze dischazged for cause, misconduct, ine�ciency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 19.123 The employee must file a waiver of reemployment with the Director of Human Resources, which will cleazly indicate that by requesting severance pay, the employee waives ali claims to reinstatemeni or reemp]oyment (of any type), with the City. � i� ARTICLE 19 - SEVERANCE PAY (Continued) 19.12.4 The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of his/her sepazation from service. To qualify for $10,000, the employee musi have an accumulated balance of at least one hundred (100) days of sick leave credits at the time of his/her separation from service. 19.13 If an empioyee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-haif of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick ]eave subjecT to a maximum of as shown below based on the number of yeazs of service with the City. Years of Service Maximum with the City Severance Pay At Least 20 $5,000 21 $5,540 22 $6,000 23 $6,500 24 $7,000 25 $10,000 19.14 For the purpose of this severance program, a death of an employee shall be considered as separation of emptoyment, and if the employee would have met aIl 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. 19.15 The manner of payment of such severance pay shaIl be made in accordance with the provisions of City Ordinance No. 11490. 19. I6 This severance pay program shait be subject to and govemed by the provisions of City Ordinance No. I 1490 except in those cases where the specific provisions of Yhis articie confIict with said ordinance and in such cases, the provisions of this article shall controi. 19.17 Notwithsianding Section 19.9, employees appointed prior to July 1, 1989, to a title covered by this agreement who meet the qualiflcations as defined in Severance Pay Plan 2(Sections 19.12 and 19.13), may elect to draw severance pay under the provisions of Severance Pay Plan 2(Section I9.13). An election by an employee to draw severance pay under one Sectian shail constitate a bar to @rarving severance pay under any other provision set forth in this agreement. � • 19.18 Employees appointed on or after July i, 1989 to a title covered by this agreement shall not be eligible for any severance pIan provisions other than the provisions as set forth in � Severance Pay Plan 2(Sections 19.12 thtu 19.16). 18 i� • ARTICLE 20 - WAGE SCHEDULE • 20.1 The wage schedule for purposes of this contract shall be Appendix A, attached hereto. 20.2 The Vehicle Mechanic Leadworker rate wili be $1.02 per hour higher than the Vehicle Mechanic rate. 203 The Welder Leadworker rate wili be $.24 per hour higher than the Welder rate. ARTICLE 21 - STRIKES, LQCKOUTS, WORK INTERFERENCE 2l .1 The tTNION and the EMPLOYER agree that there shall be no strikes, work stoppages, slow-downs, sitdown, stay-in, or other concerted interference with the EMPLOYER'S business or affairs by any of the said iJNION and/or the members thereof, and there shall be no bannering during the existence of this AGREEMENT without first using all possible means of peaceful settlement or any controversy which may arise. Employees engaging in same shal] be liable for disciplinary action. ARTICLE 22 - SICK LEAVE 22.1 Sick Leave With Pay. During any period in which an employee is absent from work on • sick leave with pay, the employee shall not be employed or engaged in any occupation for compensation outside of his regular city employment. Violation of the provision of this paragraph by any employee shall be grounds for suspension or discharge. 22.2 In the case of a serious illness or disability of an employee's child, the Empioyer shall grant leave of absence in accordance with State Legislation. Such leave sha11 be deducted from the employee's accumulated sick leave credits. If the employee has no accumu]ated sick leave credits, such ]eave shall be granted without pay. 223 In the case of a serious illness or disability of an empioyee's dependent, pareni or household member, other than a child, the head of the department shaii grant leave with pay in order for the employee to care for or make arrangements for the caze of such disabled persons. Such leave shall be drawn from the employee's accumulated sick leave credits. Use of such sick leave shall be limited to forty (40) hows per incident. ARTICLE 23 - MATERNITY LEAVE 23.1 Matemity Leave. Maternity is defined as the physical siate of pregnancy of an employee, commencing eight (8) monihs before the estimated date of childbirth, as determined by a physician, and ending six (6} months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the EMPLOYER may approve such leave at its option, and • such leave may be no longer than one (I) yeaz. 19 ARTICLE 24 - SAFETY SHOES 24.1 Effective Juty l, 1996, the EMPLOYER agrees to pay $50.00 towazd the cost or repair of safety shoes purchased by an empioyee who is a member of this unit. The EMPLOYER shall contribute toward the cost or repair of one pair of shoes per contract year and shall not be responsible for any additional cost for aay shoes or repairs thereafter. This reimbursement of $50.00 shall be made only after investigation and approval by the immediate supervisor of that employee. This $50.00 EMPLOYER contribution shall apply only to those employees who aze required to weaz protective shoes or boots by the EMPLOYER. Over the life of this agreement, employees may carry over $50.00 per year towazds the purchase of safety shoes. ARTICLE 25 - LAYOFF AND BUMPING 25.1 As of the effective date of this Agreement, atl Vehicle Mechanics and VehicIe Mechanics (Heavy Truck & Equipment) in atl Deparhments other than Fire and Po2ice shall be considered Vehicle Mechanics (Heavy Truck & Equipment). Further, Vehicle Mechanic {Hea�y Truck & Equipment) class seniority shall be based on ail continuous time served in regular or probationary status as a Vehicle Mechanic and Vehicle Mechanic (Heavy Truck & Equipment) since the last date of appointment to either ciass. � 25.2 For purposes of layoff the Employer shall determine the location and number of • empIoyees to lay of£ Upon the effective date of layoff, a Vehicle Mechanic (Heavy Truck & Equipment), Vehicle Maintenance Worker (Heavy) and Welder may bump the least senior Vehicle Mechanic (Heavy Truck and Equipment}, Vehicte Maintenance Worker (Heavy), and Weider, respectively, Citywide, excluding the Potice and Fire Departments and Independent School District No. 625. An employee exercising a bump across Department lines shall serve up to six (6) months probation in the Department to which he/she bumps. An employee who does not pass probation shall be laid off. The provisions of this section shall not be subject to Article 17, Grievance Procedure. 25.3 In the event that the Employer merges garage operations, the seniority lists of the affected ctasses for those merged operations onty sha11 be merged. • 20 q� - I � ARTICLE 26 - DURATION AND EFFECTIVE DATE 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in ttris Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right aze fully and completely set forth in this agreement. Any and all prior agreements, resolutions, practices, policies or rules or regulations regazding the terms and conditions of employment to the extent they aze inconsistent with this Agreement are hereby superseded. In those areas where Civil Service Rules aze not inconsistent with this Agreement the Civil Service Rules shall continue to be in effect. 26.2 Except as herein provided, this Agreement sha11 be effective as of the date it is executed by the parties and shall continue in full farce and effect through June 30, 1999 and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend, or modify this Agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1984. Any retroactivity shall be owed only to employees who continue to be employed by the City at the time this Collective Bazgaining Agreement is approved. • 263 This constitutes a tentative agreement between the parties which will be recommended by the Director of Labor Relations, but is subject to the approval of the Administration of the City, the City Council and is also subject to ratification by the Union. WITNESSES: CITY OF SAINT PAUL BY: � Mai . Kearney Director of Labor Relations �a -a�-� � � DISTRICT LODGE NO. 77, INTERNATIONAL ASSOCIATION OF MACHII�IISTS AND AEROSPACE WORKERS AFL-CIO BY: a C/,i' Gary hmidt Business Representative : r:�-E �: 2� � . � � �� x� � �o � � � �. ¢ �� - � �o �, � o � � �� <� �. �� • -, n . � "• to `� c`o co "• a> � ?' o r' � a � � K � � � � o �� c � � ,� � � � �� o a o � �, �. �. � � W � � � .- r � r t�° o a � c. 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N ,,,r a � � N � N N � N Y 0 N � N v � � � � � w N � � � r� '� C ' tro 'ri s N Ci7 r C7 O N H �O ^ v ' '"' Cn � "� � W � � a�� y�� r� �� 7 G � c m � � � � Council File # � Green Sheet # 40118 RESOLUTION GITY 0 SA�IT�'AUL, MINNESOTA � � ' � � � �!./J71i.'�l�l/: //�� I/� �� -� � , �. - 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 Ju1y 1, 1997 - June 30, 1999 Labor Agreement between the Ciry of Saint Paul and District Lodge No. 77 3 International Association of Machinists and Aerospace Workers AFL-CIO. � .,�. ,.vrr �CE/COUNCIL: LABOR RELATIONS CONTACT PERSON & PHONE: NLIE KRAUS 266-6513 M[1ST BE O:� COII�CIL AGENDA BY (DATE) TOTAL k OF SIGNATORE DATE Wl"IIATED GREEN SHEET No.: 40118 5 V —' December 26,1947 IMITAL/DATE INII'[AL(DATE ASSIGN 1 DEPAR7'ME'N'P DIR. _� � 4 CITY COi77�CIL h'UMBER 2 CITY ATTORNEY CITY CLERK Q FOR BUDGET DIR. F1N. & MG7. SERVICE DIR�+� y ROUTING 3 MAYOR (OR ASST.) ORDER ALL LOCAITOtiS acrtoN �Qvss�ren: This resolution approves the attached July 1, 1997 - June 30, 1949 Labor Agreement between the City of Saint Paul and District Lodge No. 77 International Associarion of Machinists and Aerospace Workers AFL-CIO. RECOMMENDATIONS: Approve (A) or Rejece (R) PLANNING COMMISSION CIVIL SERVICE COMMISSION GIB COMMITI£E STAFF DISTRICT COURT SUPFORTS WHICH COUNCIL OBJECTI VE? PERSONAL SERVICE CONTRACfS MqST ANSWER THE FOLLOWING QUESTIONS: 1. Has this person7firm ever worked under a contract far this departrnent? Yes No 2. Hu this person/fi�m ever been a city employee? Yes No 3. Does ihis personlfitm possess a skill not noanaily possesse8 by any cuttent ciry Yes No Explain a!{ yes answers on separate sheet and attach to green sheet II�'ITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): ADYANTAGES IF APPROVED: A17. I�.gYCErilOrit lri 1J13CE T11T'OUF11 3Uri0 3� 1999. DI5ADVANTAGES IF APPROVED: V'AE � d � O � 1��1 \ DISADVANTAGES tF NOT APPROV�.D: f :'�� e � t ' �� . 'OTAL AMOUN'F OF TRA�tiSACTION: UNDING SOURCE: INANCIAL INFORMATION: (EXPLAIN) COST7REVENUEBUDGETED: • ACTIVI'CY N[JMBER: t n T! 1i'vQ Eri': 1 ATTACHMENT TO GREEN SHEET District Lodge #77, International Association of Machinists and Aerospace Workers AFL-CIO �� J t Wages: The Machinists contract expired June 30, 1997; they agreed to the same salary increases as AFSCME Clerical and Technical for the two years of their contract. 07{Ol/97 2.0% 09I01/98 2.0°/n �2101/98 0.5% �4/01/99 0.8% 06 30/ 8 0.2% 1997 2.7% 1998 2.8% Health Insurance: 1997 - Current 199$ 1999 Single $300.00 Single $280.00 Single $260.00 Family Family $340.00 Family $340.00+50% of the $325.00 premium increase Severance Changes to Severance Pay Plan 2: Increase severance amounts as follows: Years of Service with the City At ast 20 21 22 23 24 25 Maximum Severance Pay �4;888 $5,000 �4,�88 $5,500 ��,�88 $6,000 �3;899 $6,SQ� �6;499 $7,000 �60A $10,000 We added two addifional eligibality requirements: 1) that empioyees must be PERA eligibie, meaning they must retire from the City; and 2) to qualify for $10,000, the employee must have an accumulated sick leave balance of at least one hundred (100) days at the time of lusfher separation from service; the requirement is currently eighty (80) days. Retiree Insurance and Severance We eliminated the ability to count School District service for new hires in the eligibility requirements for both Retiree Health Insurance and Severance pay. Upgrade - as proposed by classifications Tool Maker - Water Utility F.ILABREL\CONiRAC'PMACF3�S'I�1997-99V�11'ACH97 - `�. ,� . � - - � t� - �- `;� - � - � _ �. � � - , .�€7LY 1,1997 TH�2�U�H J�1VE 3�z 1999 _ - ,.�_ � � - ._ ::; � �� _ �� - - , � ' ._ . � -. Lr�BUR"�GRE��VIENT . � - w BET�� . ,._ r, z ,. , _ �� -: ,� _ _ P 4 ..: . �. . . . � .:,.� _ _ . ' �� . � _ � ;. : '��i�`C�T� t3�' �AIl�TT;PAtT�, , `. �� - � . �f { ' F 4 S • r �� r _ �� . � , . �� '' �33��R,��' T,(3t3f�� l�n 77 £ w;:,, _:� � ,_ � � �' �; - �� ; ;AND �ERlJS��,�,`� �?�3R�� A�� C�(� - ,�_ � . � - - < , �D Y � 't _�..^ �. � �� ..� (�. . Y - �3 � $ !� _�-� � v: � � S T _ � .. . . _ _ . F _ 5. S �. � e. : � .L Qg - � i INDEX ARTICLE TTTLE PAGE 1 Recognition ......................................................1 2 Definitions .......................................................1 3 Maintenance of Staudazds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Check Off and Aduiinistrarive Service Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Union Rights .....................................................3 6 ManagementRights ................................................3 7 Discipline ........................................................4 8 Hours,Overtime Pay ...............................................4 9 ToolInsurance and Clothing .........................................6 10 Jury Duty ........................................................6 11 LegalServices ....................................................? 12 City Mileage ......................................................7 13 Active Employee Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 14 RetireeInsurance .................................................10 • 15 Holidays ........................................................il 16 Vacation ........................................................12 17 Grievance Procedures .............................................13 18 Savings Clause ...................................................15 14 Severance Pay ...................................................16 20 Wage Schedule ...................................................19 21 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 22 Sick Leave ......................................................19 23 Maternity Leave ..................................................19 24 Safety Shoes .....................................................20 25 Layoffand Bumping ..............................................20 2b Duration and Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 AppendixA .................................................... A1 � i �� . AGREEMENT BETWEEN THE CITY OF SAINT PAUL AND DISTRICT LODGE #77, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO This AGREEMENT has been entered into between the City of Saint Paul, hereafter referred to as the EMPLOYER, and District Lodge #77, International Association of Machinists and Aerospace Workers AFL-CIQ, hereafter refened to as the IINION. This AGREEMENT has as its purposes, the promotion of hannonious relations between the EMI'LOYER and the IINION, the establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in full compliance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1984, as amended. • ii !• � ARTICLE 1 - RECOGNITION � 1.1 The EMPLOYER recognizes the i1NI0I�i as the sole and exclusive bazgaining agent for the purposes of establishing wages, benefits, hours and other conditions of employment for all of its employees as outlined in the certification by the State of Minnesota, Bureau of Mediation Services, dated August 15,1973, in case No. 74-PR-77-A, and as set forth below: All regulaz, probationary, and provisional vehicle anrl equipment maintenance personnel who are employed by the Ciry of St. Panl or who have their "terms and conditions of employmeni" established by the goveming body of the City of St. Pau3 in the classifications of Auto Body Repairer, Commnnications Techaician Helper, Equipmeat Repairer, Fire Buildings Repairer, Fire Equipment Servicer, Machinist, Marina-Mechanic, Mechanie-Welder, Parts Runner, Tool Maker - Water Utility, Traffic Maintenance Worker, *Vehicie Maintenance Worker (Light), Vehicle Maintenance Worker (Heavy), VeLicle Mechanic, Vehicle Mechanic (FIeavy Truck & Equipment), Vehicle Mechanic Leadworker, Vehicle Mechanic Supervisor, Vehicle Mechanic Trainee, WeIder and Welder Leadworker, excluding supervisory, confidentiai, temporary, emergency and employees exclusively represented by other labor or employee organizations. • ].2 The parties agree that any new classifications which aze an expansion of the above bargaining unit or which derive from the ciassifications set forth in tltis agreement shall be recognized as a part of this bargain9ng unit, and the parties shall take a13 steps required under the Public Employment Relations Act to accompiish said objective. ARTICLE 2 - DEFINITIONS 2.1 Co]leMive Bazgaining. The EMPL01'ER will bazgain collectively with the UNION with respect to rates of pay, hours and conditions pertaining to employment for ali of the employees in the unit hereinbefore set forth. 2.2 Discrimination. The EMPLOYER will not interfere with, restrain or coerce the employees covered by this AGREEMENT because of inembership in or activity on behalf of the IJNION. The EMPLOYER will not discriminate in respect to hire, tenure of employment or any term or condition of employment against any employee covered by this AGREEMENT because of inembership in or activity on behalf of the tINION, nor wiU it discaurage or attempt to sliscourage membership in the LTNION, or attempt to encourage membership in another Union. ARTICLE 2 - DEFINITIONS 23 This AGREEMENT shaIl designate and define benefits with the exception of pension benefits That shali be granted to the empioyees by the EMPLOYER. If subsequent to this AGREEMENT, any governing body passes a provision which shall create a cast benefit for a employee in this unit, the cost of such benefit shail be paid by the employee until such time as the responsibility of the cost is subsequently negatiated. This provision shaii not compeI either party to reopen negotiations @uring the course of an existing contract. ARTICLE 3- MAINTENANCE OF STANDARDS 3.3 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and all other generat working conditions shall be maintained at not less than the highest minimum standazd as set forth in the Civil Service Rules of the City of Saint Paul, (Resolution No. 3254) and the Saini Paui Salary Plan and Rates of Compensation at the time of the signing of this AGREEMENT, and the conditions of emptoyment sha11 be improved wherever specific provisions for improvement aze made elsewhere in this AGREEMENT. ARTICLE 4- CHECK OFF AND ADMINISTRATIVE SERVICE FEE 4.1 Dues. The EMPLOYER agrees to dednct the UNION membership dues once each month from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the EMPLOYER by a representauve of the t7NION and the aggregate deductions of all employees shalI be remitted together with an itemized statement to the representative by the first of the succeeding month after such deducUOns are made or as soon thereafter as is possibie. 4.2 FairsharP. Any present or future employee who is not a IIr1ION member shati be required io contribute a fair share fee for services rendered by the UNION. Upon notification by tlze IJNION, the EMPLO'YER shall check off said fee from the eamings of the employee and iransmit the same to the LTNION. In no instance shail the required contribution exceed a pzorata share of the specific expenses incurred for services rendered by the representative in relaTionship ta negotiations and administration of grievance procedures. 'Ffiis provision shall remain opera6ve only so long as specifically provided hy Minnesota law and as otherwise legal. � �� L� qg-( • ARTICLE 4- CHECK OFF AND ADMINISTRATIVE SERVICE FEE 43 The Union agrees that an adminisuative fee of $6.00 per employee, per year shall be deducted by the employer from the empioyee's earnings. This annual deduction shall be made from the first paycheck received in January of each year. 4.4 The L3NION will indemnify, defend and hold the EMPLOYER harmless against any ciaims and all suits, orders or judgments brought or issued against the EMPLOYER, its officers or employees, as a result of any action taken or not taken by the EMPLOYER under the provisions of this section. ARTICLE 5 - UNION RIGHTS 5.1 The tJNION may designate empioyees within the bazgaining unit to serve as Union Stewazds. 5.2 The [JNION shail fumish the EMPLOYER and appropriate department heads with a lisi of Stewazds and altemates, and shall, as soon as possible, notify said appropriate City officials in writing of any changes thereto. Only those who are Stewards shal} be recognized by the EMPLOYER for the purpose of ineetings. • ARTICLE 6 - MANAGEMENT RIGHTS 6.1 The LJNION recognizes the right of the EMPLOYER to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the EMPLOYER has not officially abridged, delegated, or modified by this AGREEMENT are retained by the EMPLOYER. 6.2 A public employer is not required to meet and negoYiate on matters of inherent managerial policy, which include, but are not limited to, such azeas of discretion or policy as ihe functions and programs of the EMPLOYER, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. ARTTCLE 7 - DISCIPLINE 7.1 The EMPLOYER will discipiine employees for just cause only. Discipline wili be in the form of: a) Oral reprunand; b} Written reprimand; c} Suspension; d) Rednction; ej Discharge. 7.2 Employees and the UAiION will receive copies of written repriraands and nofices of suspension and discharge. 73 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or LT7VION may request, and shall be entitled to a meeting with the Employer Representative who initiated the suspension with intenY to dischazge. Dw�ing said five (5) day period, the EMPLOYER may affirm the suspension and discharge in accordance with Civil Service Rules or may modify, or withdraw same. ARTICLE S- HDURS, OVERTIME PAY 8.1 Hours of Employment: The assigned normal work day shail be 8 hours excluding .5 kour for lunch in any twenty-four hour period and 40 hours in any seven-day period. (For employees on a shift basis, Yhis shaIl be construed to mean an average of forry hours a week.) The normal work week shall consist of five consecuYive normal work days. 8.2 Notwithstanding ArticIe 8.1, a Deparlment Head and the IJnion may mutualIy agree in writing to establish a normal work day of ten (10) consecutive hours, excIuding a thirty (30) minuYe lunch period, and a normal work week of four {4) consecutive work days in a seven (7) calendaz day period. A Department Head may unitateratty cease a ten (t0) hour work day, four (4) day work week with five (5) working days notice to the Union if such a schedule does not meet the operating needs of the affected Department. 8.3 Cali-in-Pay: When an employee is calted to work he shalt receive two hours' pay if not put to work. If he is called to workand commences work, he shall be guazanteed four hours pay. These provisions, however, shall not be effective when work is unable to groceed because of adverse weather conditions. � n U � `� � ' � ARTICLE 8- HOiJRS, OVERTIME PAY (Continued) � 8.4 Overtime: Tune on the payroll in excess of ihe normal hours set forth above shall be "overtime work" and sha11 be done only by order of the head of the department. Overtime wiil be assigned based on a rotating opporhmity preset-set by class seniority among ail eligible personnel in the affected division having the skills necessary for the job. In the beginning of each calendar year, the rotation for overtime opgortunities will begin with the most senior emgloyees. The individual may accept or decline. The next opportunity for overtime will go to the ne�ct person on the list who may accept or decline. T6is wili continue until the end of the list is reached and will again start over with the most senior person. If an employee is bypassed for overrime to which he/she would have been endtied, the employee wiil have the opportunity, whenever possible but subject to supervisory approval, to make up the overtime before the end of the next payroll period, at a time convenient to the employee. The Employer reserves the right to deviate from the aforementioned process in emergencies or in such situations where following such process would be detrimental to the operation of the affected unit. Class seniority shali be the detemuning factor in shift assignment, however, the Employer wili not be required to � accept the most senior bidder or to assign the least senior empioyee when considering such factors as the duration of assignment and the productivity needs of the affected unit. Qualifications will be determined by the Employer based on requirements of ihe job, actual job performance and Civil Service certification. 8.5 An empioyee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one half basis for such overtime work. The basis on which such overtime shali be paid shail be determined solely by the EMPLOYER. ARTICLE 9- TOOL INSURANCE AND CLOTHING 9.1 The EMPLOYER will provide five changes of coveralls or five changes of shirLs and � pants per week. The Department shall substitute coveralis for shirts and panu and vice versa at the emgloyee's request. Emgioyees may request such substitution no more than iwo times within a calendaz year. 92 The EMPLOYER agrees to reimburse empioyee for tools unintentionaily damaged, intentionaIly damaged by others or stolen subject to the following conditions: 9.2.1 All tools must be stored on Employer premises in locations flesignated by the EmpIoyer. 9.2.2 All tools that aze small enough to fit in the employee's tool box mnst be locked in it after hours. 9.23 The employee must provide the Employer with a complete and current inventory of ali tools stored on the Employer's premises. The inventory sha11 be listed on forms provided by ihe Employer. T2eimbursement shall be limited to those tools listed on the inventory list submitted by the employee. 9.2.4 In the case of theft, the employee bears tfie burden of proving helshe has met alI of the conditions of Artictes 9.2.1, 9.2.2 and 9.2.3 above. � 4.2.5 In the case of tools unintentionatly damaged or intentionalty damaged by others, the tools must be damaged beyond safe use. ARTICLE I6 - JURY DUTY 10.1 Any emptoyee who is required during his regutar working hours to appear in court as a juror or witness except as a witness in his own behalf against the City, shall be paid his regulaz pay while he is so engaged, provided however, that any fees that the employee may receive from the court for such service shaIl be paid to the City and be deposited with the City Finance IJirector. Any emptoyee who is scheduled to work a shift, other ihan the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as he is required to appear in court as a jwor or witness. _ q� -1 ARTICLE 11 - LEGAL SERVICES � 11.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, or indifference to rights of others, the EMPLOYER shall defend, save harmless and indemnify an employee against tort claim or demand whether groundless or otherwise arising out of aileged acts or omission occurring in ttte performance or scope of the employee's duties. 11.2 Notwithstanding the provisions of Section 11.1, the Employer shall not he required to defend or indemnify any employee against personal liability, or damages, costs or expense (a) resuiting from a claim, suit, verdict, fmding, determination or judgment that the empioyee has committed an intentional tort or torts, including but not limited to slander, libe] andlor other defamatory hazms; or (b) arising out of cross claims, counterclaims, affirmative defenses, and/or sepazate actions brought against such employee in zesponse to or resulting from claims, allegations, demands or actions (whether or not litigation was actually commenced) brought, made or instituted by such employee. 11.3 Notwithstanding the provisions of Section I 1.1 or l l.2, the Empioyer may at its sole discretion defend an employee against allegations, claims, demands or actions wholly or in part based on or azJsing out of claimed intentional torts, and in such cases, the employee consents to the extent lawfuliy permitted to such representation without regard • to actual or potential conflicts of interest. 11.4 Each employee, within 20 days after receiving notice of (I) a tort claim or demand, action, suit or proceeding against him or her, and (2) a judgment, verdict, finding or determination, either of which azises out of aileged or found acts or omissions occurring in the performance or scope of the employee's duties, shall notify the City by giving vdritten notice thereof to the City Clerk. ARTICLE 12 - CITY NiILEAGE 12.1 Automobile Reimbursement Aut6orized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursament of Caty officers and employees for the use of their automobiles in the perfortnance of their duties, the follow�ing provisions aze adopted. 12.2 Method of Computation: To be eligib]e for such reimbursement, all officers and employees must receive written authorization from the Department Head. If an employee is required to use his/her own automobile during empioyment, the employee shail be reimhursed at $.27.5 per mile for each mile actuaily driven. ARTICLE 12 - CITY MILEAGE 123 The City wi11 provide pazking at the Civic Center Parking Ramp for Cit}� employees who aze required to have their personal caz available for City business. Such pazking will be provided only for the days the employee is zequired to have his or her own personal car available. 12.4 Rules and Regutations: The Mayor shail adopt rules and regulations governing the procedures for automobile reimbursement, such regulations and rules shall contain the requirement that recipients shali file daaly reports indicating miles driven and shall file monthly �davits stating the number of days worked and the ttuinber of miles driven, and furcher require that they maintain automobile iiabifity insurance in amounts of not less than $100,Q00/$300,000 for personal injury, and $25,OOd for property damage, ar iiability instuance in amounts not less than $300,000 single limit coverage, with the Ciry of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shali be maintained on file with the City Clerk. ARTICLE 13 - ACTIVE EMPLOYEE INSURANCE � 13.1 The insurance pIans, premiums for coverages and benefits contained in the insurance plans offered by the Employer shatl be solely controlled by the contracts negotiated by the � EmpIoyer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by the benefit praviders. However, the employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. The Employer's Cafeteria Pian Document and IRS rules and regutauons shall govem the EmpIoyer provided health and welfaze benefit program. 13.2 For the purpose of this Article, full-time employment is defined as appearing on the pa}�roll an average of at Ieast 32 hours per week for the immediatety preceding twetve (12) month period en@ing June 30th. Three-quarter rime emgloyment is defined as appearing on Yhe payroll an average of at least 26 hours per week but less than 32 hours per week for the imcnediately preceding twelve (12) month period ending June 30th. Half-rime empioqment is defined as appearing on the payroll an average of at least 20 hours per week bui less than 26 hours per week for the itnmediately preceding twelve (12) month period ending Jttne 30th. _ q�-( • ARTICLE 13 - ACTIVE EMPLOYEE INSURANCE (Continued) The above determination shall exclude periods of layoff and approved unpaid leave of absence when the employee retums to the same position and employment condition. The Employer shall determine the time status of a new or changed position based on the above definitions as to fuli-time, three-quarter or half-time employment. 133 Effective January 1, 1997, the Employer agees to contrihute, for fuil-time employees, $300.00 per month towazd the cost of single health insurance coverage under the "Cafeteria Plan." For three-quarter fime employees the Employer's contribution shali be $225.00 per month. For half-time employees Yhe Employer's contribution shali be $I50.00 per month. Effective January 1, 1497, the Employer's contrihution towazd the cost of family health care coverage for full-tame employees shall be adjusted to $325.00 per month. For three- quarter time empioyees the Employer's contribution of family health care coverage shall be adjusted to $243.75 per month. Fox half-time employees the Employer's contribution of family health caze coverage shall be adjusted to $162.50 per month. 13.4 Effective January 1, 1998, the Employer agrees to contribute, for full-time employees, $280.00 per month toward the cost of single health insurance coverage under the • °Cafeteria Plan." For three-quarter time employees the Employer's contribution shall be $210.00 per month. For half-time employees the Employer s contribution shall be $14Q.00 per month. Effective January I, 1998, the Employer's contribution towazd the cost of family hea3th care coverage for full-time employees shall be adjusted to $340.00 per month. For three- quarter time employees the Employer's contribution of family health caze coverage shall be adjusted to $255.00 per month. For half-time employees the Employer's contribution of family health care coverage shall be adjusted to $170.00 per month. 13.5 Effective January 1, 1999, the Employer agrees to contribute, for fuil-time employees, $260.00 per month towazd the cost of single heaith insurance coverage under the "Cafeteria Plan." For tluee-quarter time employees the Emptoyer's contribution shall be $145.Q0 per month. For haif-time employees the Employer's contribution shall be $130.00 per month. Effective January 1, 1999, the Empioyer's contribution toward the cost of family health care coverage for full-time employees shall be adjusted to $340.40 plus 50% of the premium increase per month. For three-quarter time empioyees the Employer's contribution of family heaith caze coverage shall be adjusted to three-quarters of the Employer's contribution for full-time employees. For half-time employees the Employer's contribution of family health care coverage shall be adjusted to one-half of , the Employer's contribution for full-time employees. ARTICLE 13 - ACTIVE EMPLOYEE INSURANCE (Continued) • 13.6 Under the "Cafeteria Plan," all eligible employees regazdless of the number of average hours worked must select at least single coverage hospital-medical insurance and employee life insurance in an amoztnt of $5000. Any unused portion of the Employer's contribution for which an employee is eligible sha11 be paid to the employee as tazcable income. Such payment will be made during the month of December for the Plan yeaz. For empIoyees who terminate their employment with the City of Saini Paul, such payment shall be made within 90 days following ternunation. 13.7 For employees who become disabled and aze eligible for a disability pension from a retirement fund to which the City of Saint Paul has conzributed, the Employer shall contribute towazd the hospitat-medical insurance program offered by the Employer ia accordance with Article 14 of this Agreement. 13.8 The insurance benefits provided nnder this Article sha11 not apply to temporary or provisional employees. ARTICLE 14 - RETIREE INSURANCE 14.I FuII-time eligibie empIoyees must meet the following conditions at the time of retirement in order to be eligible for the Employer contribution towazd the hospitaI-medical � insurance program offered by the Employer. 14.I .1 Have completed at least twenty-five (25} yeazs of service witii the City of Saint Paul. Employment with School District #625 witl not be counted toward the service requirement for employees hired after 07/Ol/97 towazd years of service for retiree health eiigibility. AND Be receiving a pension from a retirement fund to which the City of Saint Panl has contributed. 14.2 For employees who were hired prior to July 1, 1975 and who, at the time of retirement, meet the eligibility requirements set forth in Articie 14.1.1, the Employer agrees to contribute, for ihe life of the retiree, the following; The fu1I cost of the Ieast expensive single premium for hospital-medical insurance offered by the Employer. I � io q�-I . ARTICLE 14 - RETIREE INSURANCE (Continued) 14.3 For employees who were lured on or after July 1, 1975, and who, at the time of retirement, meet the eligibility requirements set forth in Article 14.1.1, the Bmpioyer will provide, for the life of the retiree, the full premium cost of the least expensive single health insurance coverage provided by the Employer at the tune the employee tetires. The City's contribution level shall remain constant, except that such conuibution level shall be refigured at the full cost of the least expensive premium offered by the Employer at the time the retiree reaches age 65, if such date is after the date of ret'uement. For empioyees who retire and have not completed at least twenty-five (25) years of service with the City at the time of their retirement, the Employer wiil discontinue providing any health insurance contributions upon their retirement. 14.A For employees who retire who do not meet the eligibility requirements set forth in 14.1.1, the Empioyer shall not make any contributions toward insurance coverage. However, if such retiree has completed at leasi ten (10) years of service with the City of Saint Paul, he/she may purchase single andlor dependent health insurance coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by the retiree. 14.5 A retiree's participation in the City's health insurance p]an must be continuous. The • retiree must be participating in a Ciry health insurance plan at the time of retitement. If a retiree chooses not to participate at the time of hisll�er retirement or if a retiree discontinues hislher participation at a later date, such retiree will not be eligible for any future participation or for any Employer contribution. 14.6 In the event of the death of a retiree who is participating in the City's heaith insurance program, the surviving spouse or dependent of the deceased may continue to participate in the City's health insurance plan at hislher own cost. Eligibility to continue to participate shall terminate when such spouse or dependent remarries or becomes eligible for group health insurance through any empioyer. ARTICLE 15 - HOLIDAYS I5.1 Holidays recognized and observed. The folipwing days shall be recognized and observed as paid holidays: 1 I�Tew Year's Day Labor Day Martin Luther King Day Veterans' Day Presidents' Day Thanksgiving Day Memoriai Day Day after Thanksgiving lndependence Day Christmas Day Two floating holidays ii ARTICLE 15 - HOLIDAYS Eligible emptoyees shall receive pay for each of the holidays listed above, on which they perForm no work. Whenever any of the holidays listed above shail faii on Saturday, the preceding Friday shalI be observed as the holiday. Whenever any of the holidays Iisied above shaIl fall on Sunday, the succeeding Monday shall be observed as the holiday. 15.2 The floadng holidays set forth in Section 25.1 above may be taken at any time during the fiscai year, subject to the approval of the deparhnent head. For the purpose of this articie the "fiscal year" shaIl be the IRS payroll reporting year. 153 Eligibility Requirements. In order to be etigible for a holiday with pay, an emptoyee's name musz appeaz on ihe payroli on any six working days of the nine working days preceding the hoIiday; or an employee's name must appeaz on the payroil the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case sha11 the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary nor other empIoyees not heretofore eligible shalI receive holiday pay. ARTICLE 16 - VACA'i'ION I6.1 Tn each calendar yeaz, each full-time empioyee shail be granted vacation according to the following schedule: Years of Service Less than 8 yeazs After 8 yeazs thru 15 years After 15 yeazs and thereafter Vacation Granted 15 days 20 days 25 days 16.2 Employees who work less than full-time shall be granted vacation on a pro rata basis. ] 6.3 The head of the department may pemut an empioyee to cazry over into the following vacation year up to one hundred twenty (120) hours of vacation. 16.4 The above pmvisions of vacation sha11 be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 16.5 If an employee has an accutnulazion of sick leave credits in excess of one hundred and eighty days, he may convert any part of such excess to vacation ai ihe rate of one-half day's vacation for each day of sick leave credit. 16.6 The m�imum number of days' vacation allowed by the conversion of sick leave credits shall be no more than five days in any one yeaz so Yhat the maYimum vacation tnne which may be taken in any one year shall be forty-five (45) days including the regulaz vacation period. �� - 12 qg - � � ARTICLE 17 - GRIEVANCE PROCEDURES 17.1 The EMPLOYER shall recognize stewards selected in accordance with UNION rules and regulations as the grievance representative of the hazgaining unit. The tTr1ION shali notify the EMPLOYER in writing of the names of the Stewazds and of their successors when so named. 17.2 It is recognized and accepted by the EMPLOYER and the LRIION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours oniy when consistent with such einployee duties and responsibilities. The stewazd involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EMPLOYER. 17.3 The procedure established by this Article shall be the sole and exclusive procedure for the processin� of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. (To correct the rypo from the 1994-1996 contract.) Grievances shali be resolved in conformance with the following procedure: • Step 1. Upon the occurrence of an alleged violation of this AGREEMENT, the employee involved shall attempt to resoive the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the UN10N. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the reliefrequested. Any alleged violation ofthe AGREEMENT not reduced to writing by the UI3ION within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated Employer Supervisor shall meet with the Union Stewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the iJNION within seven (7) calendar days foltowing this meeting. The iJNION may refer the grievance in writing to Step 3 within seven (?) calendaz days following receipt of the BMPLOYER'S written answer. Any grievance not referred in writing by the LTNION within seven (7) calendar days foliowing receipt of the EMPLOYER'S answer shall be considered waived. L 13 ARTICLE 17 - GRIEVANCE PROCEDURES (Continaed) • Step 3. Within seven (7) calendaz days following receipt of a grievance referred from Step 2 a designated Emptoyer supervisor shall meet with the Union Business Manager or his designaYed representative and anempt to resolve the grievance. Within seven (7) calendaz days following this meeting the EMPLOYER shall reply in writing to the UNTON stating the EMPLOYER'S answer concerning the grievance. If, as a resutt of the written response the grievance remains unreso}ved, the i3NION may refer the grievance to Step 4. Any grievance not referred to in writing by the LJNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYER'S answer shall 6e considered waived. Optionai Mediation Step 1. If the grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendar days, request mediation. If the parties agree that the grievance is suitable for mediation, the parties shall submit a joinY request to the Minnesota Bureau af Mediation Services for the assignment of a mediator. Grievance mediation shall be compieted within 30 days of the assignment. Grievance mediation is an optional and volun#ary part of the grievance resoluuon process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractua] time Iimit for moving the grievance to arbitration shall be delayed for the period of inediation. • The grievance mediauon process shall be informal. Rules of evidence shail not apply, and no record shall be made of the proceeding. $oth sides shall be provided ample opportunity to present ihe evidence and azgument to support their case. T'he mediator may meei with the parties in join2 session or in sepuate caucuses. 4. At the request of both parties, the mediator may issue an orat recommendation for settlement. Either party may requesi tfiat the mediator assess how an azbiirator might rule in this case. 5. 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 parcies agree otherwise, the outcome shall not be precedential. 6. If the grievance is not resolved and is subsequently moved to azbivation, such proceeding shalt be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to their positions concerning resolution or offers of settlement may be used or referred to during azbitration. - 14 !• � ARTICLE 17 - GRIEVANCE PROCEDURES (Continued) � Step 4. If the grievance remains unresolved, the LTNION may within seven (?) calendaz days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER., request azbitration of the grievance. The azbivation proceedings shall be conducted by an azbitrator to be selected by mutuai agreement of the EMPLOYER and the iJNI0i3 within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator withiu the said seven (7) day period, either par[y may request the Public EmploymenT Relation Boazd to submit a panel of five (5) arbitrators. Both the EMPLOYER and the iJ1VION shall have the right to strike two (2) names from the panel. The tTN10N shall strike the first (1 st) name; the EMPLOYER shail then strike one (1) name. The process will be repeated and the remaining person shall be the azbitrator. 17.4 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The azbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shail have no authority to make a decision on any other issue not so submitted. The azbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the agplication of laws, rules, or regulations having the force and effect of law. The azbitrator's decision shall be submitted in writing within thirty {30) • days following close of the hearing or the submission of briefs by the parties, whichever be lates, unless the parties agree to an extension. The decision shaIl be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to ihe facts of the grievance presented. The decision of the azbitrator shall be final and binding on the EMPLOYER, the UNION, and the employees. 17.5 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the tINION, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 17.6 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. ARTICLE 18 - SAVINGS CLAUSE 18.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of St. Paul. In the event any provision of this AGREEMENT shail hold to be contrary to law by a court of competent jurisdiction from who final judgment or decxee no appeal has been taken within the time provided, such provision shall be voided. All , other provisions shall contittue in full force and effect. 15 ARTICLE 19 - SEVERANCE PAY 191 The Employer shall provide a severance pay program as set forth in ihis Article. Severance Pay Plan 1 19.2 To be eligible for the severance pay program, an employee must meet tiie foilowing reguirements: 19.2.I The employee must be 58 years of age or older or must be eligible for pension under the "ruIe of 90" provisions of the Public Employees Relirement Association (PERA). 19.2.2 The employee must be voluntarity separated from City emptoyment ar have been subject to sepazafion by iay-off or computsory retirement. Thase employees who aze discfiarged for cause, misconduct, inefficiency, incompetency, or any other discipIinary reason aze not eIigible for the City Severance pay program. � I 9.2.3 The employee must have at least ten (10) years of service under ihe classif ed or unclassified Civit Service at the ume of separation. Empioyment with School District #625 will not be counted towazd the service requirement for employees hired aRer JuIy 1, 1997. � 19.2.4 The employee must file a waiver of reemployment with ihe Director of Human Resowces, which will clearly indicate thaz by requesting severance pay, the employee waives atl ciaims to reinstatement or reemployment (of any type), with the City. 19.2.5 The empioyee musi have accumuiated a minimum of sixty {60) days of sick leave credits at the time of his sepazation &om service. 19.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she witl be ganted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of sepazation for each day of accrued sick Ieave subject to a maximum of 200 accrued sick leave days. 19.4 The maximum amount of money ihat any employee may obtain through this severance pay program is $6,500. 19.5 For the purpose of this severance program, a death of an emptoyee shali be considered as separation of empioyment, and if the emptoyee would have met ail of the requirements set forth above, at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. - 16 �s- i ARTICLE 19 - SEVERANCE PAY (Continued) • 19.6 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 19.7 This severance pay progam shall be subject to and govemed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this articie conflict with said ordinance and in such cases, the provisions of this article shal] control. 19.8 An employee may, in any event, and upon meeting the quaiifications of this article or City Ordinance No.11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by an employee to draw severance pay under either this article or the ordinance sha11 constitute a baz to receiving severance pay from the other. 19.9 The above Articles 19.1 through 19.8 apply only to employees hired prior to July 1, 1989. Severance Pay Plan 2 19.10 Employees hired on or after July 1, 1489 shall be covered by the provisions of the follow7ng Articles 19.11 through 19.16. 1911 For employees hired on or after July I, 1989 the Employer shall provide a severance pay • program as set forth in the following Articles 19.12 through 1916. 1912 To be eligible for the severance pay program, an employee must meet the following requirements: 19.12.1 The employee must be 58 yeazs of age or older or must be eligible for pension under the "rule of 90" provisions of the Pubtic Employees Retirement Association (PERA). 19.12.2 The employee must be voluntazily sepazated from City employment or have been subject to separation, lay-off or compulsory retirement. Those employees who aze dischazged for cause, misconduct, ine�ciency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 19.123 The employee must file a waiver of reemployment with the Director of Human Resources, which will cleazly indicate that by requesting severance pay, the employee waives ali claims to reinstatemeni or reemp]oyment (of any type), with the City. � i� ARTICLE 19 - SEVERANCE PAY (Continued) 19.12.4 The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of his/her sepazation from service. To qualify for $10,000, the employee musi have an accumulated balance of at least one hundred (100) days of sick leave credits at the time of his/her separation from service. 19.13 If an empioyee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-haif of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick ]eave subjecT to a maximum of as shown below based on the number of yeazs of service with the City. Years of Service Maximum with the City Severance Pay At Least 20 $5,000 21 $5,540 22 $6,000 23 $6,500 24 $7,000 25 $10,000 19.14 For the purpose of this severance program, a death of an employee shall be considered as separation of emptoyment, and if the employee would have met aIl 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. 19.15 The manner of payment of such severance pay shaIl be made in accordance with the provisions of City Ordinance No. 11490. 19. I6 This severance pay program shait be subject to and govemed by the provisions of City Ordinance No. I 1490 except in those cases where the specific provisions of Yhis articie confIict with said ordinance and in such cases, the provisions of this article shall controi. 19.17 Notwithsianding Section 19.9, employees appointed prior to July 1, 1989, to a title covered by this agreement who meet the qualiflcations as defined in Severance Pay Plan 2(Sections 19.12 and 19.13), may elect to draw severance pay under the provisions of Severance Pay Plan 2(Section I9.13). An election by an employee to draw severance pay under one Sectian shail constitate a bar to @rarving severance pay under any other provision set forth in this agreement. � • 19.18 Employees appointed on or after July i, 1989 to a title covered by this agreement shall not be eligible for any severance pIan provisions other than the provisions as set forth in � Severance Pay Plan 2(Sections 19.12 thtu 19.16). 18 i� • ARTICLE 20 - WAGE SCHEDULE • 20.1 The wage schedule for purposes of this contract shall be Appendix A, attached hereto. 20.2 The Vehicle Mechanic Leadworker rate wili be $1.02 per hour higher than the Vehicle Mechanic rate. 203 The Welder Leadworker rate wili be $.24 per hour higher than the Welder rate. ARTICLE 21 - STRIKES, LQCKOUTS, WORK INTERFERENCE 2l .1 The tTNION and the EMPLOYER agree that there shall be no strikes, work stoppages, slow-downs, sitdown, stay-in, or other concerted interference with the EMPLOYER'S business or affairs by any of the said iJNION and/or the members thereof, and there shall be no bannering during the existence of this AGREEMENT without first using all possible means of peaceful settlement or any controversy which may arise. Employees engaging in same shal] be liable for disciplinary action. ARTICLE 22 - SICK LEAVE 22.1 Sick Leave With Pay. During any period in which an employee is absent from work on • sick leave with pay, the employee shall not be employed or engaged in any occupation for compensation outside of his regular city employment. Violation of the provision of this paragraph by any employee shall be grounds for suspension or discharge. 22.2 In the case of a serious illness or disability of an employee's child, the Empioyer shall grant leave of absence in accordance with State Legislation. Such leave sha11 be deducted from the employee's accumulated sick leave credits. If the employee has no accumu]ated sick leave credits, such ]eave shall be granted without pay. 223 In the case of a serious illness or disability of an empioyee's dependent, pareni or household member, other than a child, the head of the department shaii grant leave with pay in order for the employee to care for or make arrangements for the caze of such disabled persons. Such leave shall be drawn from the employee's accumulated sick leave credits. Use of such sick leave shall be limited to forty (40) hows per incident. ARTICLE 23 - MATERNITY LEAVE 23.1 Matemity Leave. Maternity is defined as the physical siate of pregnancy of an employee, commencing eight (8) monihs before the estimated date of childbirth, as determined by a physician, and ending six (6} months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the EMPLOYER may approve such leave at its option, and • such leave may be no longer than one (I) yeaz. 19 ARTICLE 24 - SAFETY SHOES 24.1 Effective Juty l, 1996, the EMPLOYER agrees to pay $50.00 towazd the cost or repair of safety shoes purchased by an empioyee who is a member of this unit. The EMPLOYER shall contribute toward the cost or repair of one pair of shoes per contract year and shall not be responsible for any additional cost for aay shoes or repairs thereafter. This reimbursement of $50.00 shall be made only after investigation and approval by the immediate supervisor of that employee. This $50.00 EMPLOYER contribution shall apply only to those employees who aze required to weaz protective shoes or boots by the EMPLOYER. Over the life of this agreement, employees may carry over $50.00 per year towazds the purchase of safety shoes. ARTICLE 25 - LAYOFF AND BUMPING 25.1 As of the effective date of this Agreement, atl Vehicle Mechanics and VehicIe Mechanics (Heavy Truck & Equipment) in atl Deparhments other than Fire and Po2ice shall be considered Vehicle Mechanics (Heavy Truck & Equipment). Further, Vehicle Mechanic {Hea�y Truck & Equipment) class seniority shall be based on ail continuous time served in regular or probationary status as a Vehicle Mechanic and Vehicle Mechanic (Heavy Truck & Equipment) since the last date of appointment to either ciass. � 25.2 For purposes of layoff the Employer shall determine the location and number of • empIoyees to lay of£ Upon the effective date of layoff, a Vehicle Mechanic (Heavy Truck & Equipment), Vehicle Maintenance Worker (Heavy) and Welder may bump the least senior Vehicle Mechanic (Heavy Truck and Equipment}, Vehicte Maintenance Worker (Heavy), and Weider, respectively, Citywide, excluding the Potice and Fire Departments and Independent School District No. 625. An employee exercising a bump across Department lines shall serve up to six (6) months probation in the Department to which he/she bumps. An employee who does not pass probation shall be laid off. The provisions of this section shall not be subject to Article 17, Grievance Procedure. 25.3 In the event that the Employer merges garage operations, the seniority lists of the affected ctasses for those merged operations onty sha11 be merged. • 20 q� - I � ARTICLE 26 - DURATION AND EFFECTIVE DATE 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in ttris Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right aze fully and completely set forth in this agreement. Any and all prior agreements, resolutions, practices, policies or rules or regulations regazding the terms and conditions of employment to the extent they aze inconsistent with this Agreement are hereby superseded. In those areas where Civil Service Rules aze not inconsistent with this Agreement the Civil Service Rules shall continue to be in effect. 26.2 Except as herein provided, this Agreement sha11 be effective as of the date it is executed by the parties and shall continue in full farce and effect through June 30, 1999 and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend, or modify this Agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1984. Any retroactivity shall be owed only to employees who continue to be employed by the City at the time this Collective Bazgaining Agreement is approved. • 263 This constitutes a tentative agreement between the parties which will be recommended by the Director of Labor Relations, but is subject to the approval of the Administration of the City, the City Council and is also subject to ratification by the Union. WITNESSES: CITY OF SAINT PAUL BY: � Mai . Kearney Director of Labor Relations �a -a�-� � � DISTRICT LODGE NO. 77, INTERNATIONAL ASSOCIATION OF MACHII�IISTS AND AEROSPACE WORKERS AFL-CIO BY: a C/,i' Gary hmidt Business Representative : r:�-E �: 2� � . � � �� x� � �o � � � �. ¢ �� - � �o �, � o � � �� <� �. �� • -, n . � "• to `� c`o co "• a> � ?' o r' � a � � K � � � � o �� c � � ,� � � � �� o a o � �, �. �. � � W � � � .- r � r t�° o a � c. 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