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98-508Council File # 9� o��a� Presented Referred To RESOLUTION OF SAINT PAUL, MINNESOTA Committee Date 27 1 RESOLVED, that the Council of the Ciry of Saint Paul hereby approves and ratifies the attached 2 Collecfive Bargaining Ao eement and Memorandums of Understanding between the City of Saint Paul and 3 the Tri-Council Local 120, Loca144 and Local 132. Requested by Department oE Office of Labor Relations B �.. � l�-� i Form By: Attorney for ��siodto Council � � Green Sheet # 62403 �' Approved by Iylayor: Date ,;_�� ( � `'� (� , By: : � -�� - _� � ` � ��„ _�-�,.�,�. Adopted by Council: Date �, � Adoptio,a�Certified by Council Se etary DEPARTMEA'T/OFFICE/COUNCIL: LABOR RELATIONS COATACT PERSO� & PHONE: 3[TLIE KRAUS 266-6513 MUSC BE ON COL^�CIL AGE\DA ��=.N � \r1,\°1`1� TOTAL k OF SIGNATi7RE Q�-sog D"'� IN"�'TED GREEN SHEET No.: 62403 6-8-98 � mtriai.m�re inrnncmnre ASSIGN I DEPARTh4.T'T DIR. 4 CIIYCOUNCIL � N'ISMBER 2 CTT'Y ATTORTJEY CSTY CLERIk � FOR BUDGET DIR FIN. & MGT. SERVICE DIR. i ROUTIAG 3 T4AYOR (OR ASST.) _____ i @ATE) C oNs ALL LOCATIONS FOR SIGNATURE) ncno� �QUesrEn: This.resolution approves the attached Coliective Bargaining Agreement and Memorandums of Understanding between the City of Saint Paul and the Tri-Council Local 120, Local 49 and Local 132. RECOMMENDATTONS: Approve (A) or Reject (R) _PLANNING COMMISSION ^ CIVIL SERVICE COMMISSION _CIB COMMITTEE STAFF DISTRICT CAllRT SOYPORTS W}llCH COUNCIL OS3ECTSVE? FERSONAL SERVICE CONTRACS'S MUST ANSWER THE FOLLOWING QUESTIONS: • I. Has this personlfirm ever worked under a conVact for ihis departrnent? Yes No 2. Has this personlfinn ever been a city employee? Yes No — 3. Does this persontfi�m possess a skill not normally possessed by any cuaent city Yes No Ezplain all yes answers on separate sAee[ and attach to green sheet fiR1A77NC PROBLEM, ISSUE, OPPORTONITY (Who, W6at, �i'hen, Where, Why): ADVANTAGESIFAPPROVED� An Agreement in place through Apri130, 1999. DISADVANTAGESIFAPPROVED: DISADVANTAGES IF NOT APPROVED: TOTAL AMOi7I�T OF TRANSACTION: FUNDING SOilRCE: �c,_..�.; e.�. a=a.:.- � . . .. ��..:. .,. . . ��x� � � �� COSTlREVENUE BUDGETED: ACTIVITY NUMBER: FINANCLIL INFORMATION: (EXPLAIN) OFE[CE OF LABOR RELATIONS Q 7� YS O 6 Mary K Keamey, Director ti V Interdepartmental Memorand� CITY OF SAINT PAUL LABOR RF,LATlONS 400 City Ha11 Annex u west Fo,nzh szreet Saint Pau[, Mutnesota 55702-7631 Telephone: 612 2666495 Facsimi[e: 672 292-7656 TO: Joe Reid Kim LaBathe Teddi Hayes Ron Guilfoile �,i2Gancy Anderson-Council Research �� F��$' SQ$} FROM: DATE: � Julie Kraus Labor Relations June 23, 1998 Replacing page in TriCouncil Contract It was brought to my attention that page 24 of the TriCouncil Contract needed a correction. In Article 24.2 the effective date is thru April, 2000 not April 1997. Please replace the attached page in your contract. If you have any questions please call me at 266-6513. l� cc: Dave Erickson Gerry Dietrich Brad Slawson File ARTICLE 23 - DE�ERRED COMPENSATION ��` Sts�' 23.1 Begiiuiing January l, 1999, employees who have completed ten (10) through nineteen (19) years of service with the City of Saint Paul and who meet the eligibility requirements listed below shali be eligible for $7.66 bi-weekiy ($200.0� per year) for Defesed Compensation paid by the Employer on a dollaz for dollaz match. Yeazs of service shall be determined by date of hire. 23.2 Beginniug 3anuary 1, 1999, employees who have completed riventy (20} years of service with the City of Saint Paul and who meet the eligibility requirements listed below shall be eligible for $15.33 bi-weekly ($400.00 per year) for Defened Compensation paid by the Employer on a dollar for dollar match. Yeazs of service shall be determined by date of hire. 233 Eligibility Requirements: A. Eligibility will be determined in September of each year. B. Employees cannot have been on lay off in the previous 12 months. C. Eligibie empioyees who experience a lay off must requalify through a and b above. ARTICLE 24 - TERMS OF AGREEMENT 24.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of empioyment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. Any and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the extenY they are inconsistent with this Agreement are hereby superseded. In thase areas where Civil Service Rules are not inconsistent with this Agreement, the Civil Service Rules shall continue to be in effect. 24.2 Except as herein provided this Agreement shall be effective as of the date it is executed by the parties and shall continue in full force and effect thru Apri130, 2000, and thereafter untii modified or amended by mutual agreement of the parties. Either party desiring to amend ot modify this Agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. S4L'! ARTICLE 23 - DEFERRED COMPENSATION a� -S�8` 23.1 Beginning January 1, 1944, empioyees who have completed ten (10) through nineteen (19) years of service with the City of Saint Paul and who meet the eligibility requirements listed below shall be eligible for $7.66 bi-weekly ($200.00 per yeaz) for Deferred Compensation paid by the Employer on a dollar for dollaz match. Years of service shall be determined by date of hire. 23.2 Begimiing 3anuary 1, 1999, employees who have completed twenty (20} yeazs of service with the City of Saint Paui and who meet the eligibility requirements listed below sha11 be eligible for $15.33 bi-weekly ($400.00 per year) for Deferred Compensation paid by the Employer on a dollar for dollaz match. Yeazs of service sha11 be determined by date of hire. 233 Eligibility Requirements: A. Eligibility will be determined in September of each yeaz. B. Employees cannot have been on lay off in the previous 12 months. C. Eligible employees who experience a lay off must requalify through a and b above. •�I, _il Y [� � ► � �l��i�.Y��_L�i;G 1 24.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject conceming the terms and conditions of empioyment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. Any and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this Agreement are hereby superseded. In those areas where Civil Service Rules are not inconsistent with this Agreement, the Civil Service Rules shall continue to be in effect. 24.2 Except as herein provided this Agreement shall be effective as of the date it is executed by the parties and shall continue in full force and effect thru Apri130, 2000, 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 1971. �►�� t8' - so � MEMORADUM OF UIVDERSTANDING BETWEEN THE CITY OF SAINT PAUL AND THE TRI-COUNCIL LOCAL 12� - LOCAL 49 - LOCAL 132 *Driver-Operator Wage Rates �-�- •�.�.�r.�.w.�.�� - `�,• \ The City of Saint Paul and the Tri-Council Loca1120, Loca149 and Local 132 agree to the following: The rates listed for *Driver Operator in Appendix A, page A3, Group D, are incorrect. The rates should be the same as those for Streets Services Workers in Appendix A, page Al, Group A.. The $.25 Driver Operator/Bid Driver's premium was inadvertently included in the Group D salary schedule. The $.25 for Driver OperatorsBid Drivers is handled in the Premium section, page A5, subdivision " J". Attached is the appropriate correction to Group D and with an added note to the Contract under Group D(page A3) for clarification. WITNESSES: FOR THE CITY Mary earney {- Director of Labor Relations DATE: 7 - �- S � THE TRI-COUNCIL LOCAL 120 - LOCAL 44 - LOCAL 132 C � Brad awson Business Rep., Local 120 DATE:� F:�I,ASREUCONTRACIITRICNC L\ 1997_98�IOU6. W PD 98' :So�Y June 10, 1998 CTTY OR SAINT PAUL and Tri-Council, Loca1120, Loca149, Loca1132 1997,1998 and 1999 Collecfive Bargaining Agreement Summary of Changes: WAGES: Year i:x Year 2: Year 3: 05/OU97 2.0% 06/01198 2.0% 06101/94 2.0% 12/01/9? 0.5°l0 11t01/98 0.3% 11/O1f99 .0 5% 2.5% 4!0 30f9g 0.2% 2.5% 2.5% current employees and those who have left the unit in good standing. Temporary employees will be paid 90°l0 of the AGC rate plus fringe benefits. Effective upon ratification of the contract. PAY ADJUSTMENTS: The following titles will be increased: 1. Add $0.25 to the base rate for Driver Operators and Bid Drivers. Effective OSl01l98. 2. Bridge Worker +$0.30, Bridge Crew Leader +$p30 to their base rates. Effective 01101/48. 3. Jet Rodder pay increased +$0.45 to $19.18. Effective O5J01/99. 4. Revolving Shovel, eliminate $0.25 premium and 40 minute OT. Increase base hourly rate +$z.14 to $21.57. Effective 05/Ol/99. 5. Paving Breaker i Pneumatic Tamper increased +$0.15 to $19.33. Effective OS/OU99. 6. *Tractor Operator I increased +$027 to $16.42. Effective OSf01/94. 7. Water Utility Worker II increased +$031 to $16.67. Effective 05J01f99. 8. Increase base rate on listed titles in these divisions in exchange for eliminating premiums. Bridges: +$0.09 Bridge Crew I.eader Bridge Maintenance Worker Parks: +$0 04 Grounds Crew Leader *Groundsworker Parks Worker Sewers: +$0.04 Sewer Crew Leader *Sewer Maintenance L.aborer Sewer Services Worker Effecrive 7anuary l, i999_ Streets: +$0.04 *Driver-Operator (Streets, Parks, Water) Labor Crew Leader *Public Works I.aborer Stores Laborer Street Services Worker *Unskiiled Laborer Water Utility: +$O.Q4 *Groundsworker-Wtr Uty Water Utility Worker I Water Utility Workez II Water System Worker I Water System Worker II Water Service Worker-Control Desk Note: #3-#? will be adjusted upwards to reflect salary increases from 1996 rates. �8'-.50� PREMIUMS: 1. Eliminate 8 obsolete premiums from contract. a). *Air Compressor Operator b). *Bituminous Curb Machine Opezator c). *Kettle Fireman d). *Mixer Engineer e}, *Roller Engineer (under 6 tons} fl. *5ewer Maintenance I.aborer g). *TzacTOr Operawr I h). *Vibrator Operator 2. Eliminate Tree Spade & Stump Chipper premiums (supposed to be deleted last time). 3. Eliminate premiums in exchange for increasing base rate on titles listed above. a). Asphalt Shoveler e). Iack Hammer b). Chipping Hammer fl. Mortar Mixer c). Chipping Machine g). Tender for a Bricklayer d). Chain Saw Effective January 1, 1999. 4. Retain the following premiums; a). Swing work 50 ft d). Oiler operator b). Asphalt Raker e). 580 D formerly known as 50 HP power takeoff. c). Tacman/Tamper Retain & increase premiums a). NSP premium increased from $0.50 per hour to 4% of the regular hourly rate. Effective OSlOI f98 b}. Tandem Truck: Maintain at $.25 for Non-bid Street Services Workers and add Parks Workers. Delete Driver Operators and non-bid Street Services Workers. Effective OS/01/98. c). 8 ft below ground premium increased to 3.5% of the regular hourly rate. Effective 05101198 d). Abatement Crew Premium: Pazks Workets or Grounds Workers assigned to an abatement crew on a summary abatement deemed to be hazardous by the Health Department Inspector and PED summary abatement supervisor and requiring the use oF speciai protective clothing shall receive $.6Q per hour above their regular base rate for each hour or any part thereof worked in this alignment. Effective 3anuary 1, 1949 upon completion oftraining. HEALTH IN5URANCE: 1!1(194g Single: Full Single ($]78.95) Family: $344.85 9 , 1111 Single: Full Single Family: $344.85 + 50% of premium increase 3: 9.4: 9.5: and 9.18 with new !1/ U00 Single: Full Single Family: 1999 rate + 50% of premium increase amounts. Park Aide benefits if full-time: l. Parks Workers wha voluntarily reduce to Park Aide during the Seasonal layoff wi13 maintain their health insurance. 2. All-Season, full-time Park Aides shall be identified by their Deparhnent in September. They will be eligible for the full dollar amount of single health insurance. Effective 11/1198 9g-sa� DEFERRED COMPENSATIdN: Effective 3anuary 1, 1999. A. City will pay match bi-weekly: 20 years of City Service: $1533 per bi-week ($400 per year) 10-19 yeazs of City Service: $�.66 per bi-week {$200 per year) (City service determined by date of hire.) B. Eligibility will be determined September of each year. C. Employees cannot have been on lay off in the previous 12 months. D. Eligible empioyees who experience a lay off must requalify. PEI�SION: The Union authorizes deduction of $20 bi-weekly from employees of Local # 132 who are currently vested and choose to participate in the Union's pension fund. The Union is to provide a list of eligible members. HOLIDAYS: CiTy will pay Veteran's Day & Martin Luther King as major holidays effective SIll98 and Day After Thanksgiving & President's Day as major holidays effective 4J1/�0. Clarification: Labor Day will be added to the contract as a major holiday. UNIFORMS: 1. Anicle 6.4 Safety Shoes: The Employer agrees to pay $50.00 per year, allowing an accrual up to $150 toward the purchase of shoes. Effective 0>!Ol/98. 2. Water uniforms: LMC to work out uniform program by OIf0U99, C+ry will require & pay for initial issue plus, upon showing of receipts, City will reimburse employees required to wear a u�iform up to $125 annually. Effective 01101J00. LAnGUAGE CAANGES TQ CONTRACT: I. Language changes to 8.2 & 8.3 (Mgmt to notify employee rather than Union of shift change and Mgmt to provide transportation to new work location). 2. Rewrite of 8.9 - Procedure for Filling Snowpiowing/Sanding Needs • defines priority order in which employees will be called. 3. ] 1.1.B.1 Class seniority for employees with dual titles 4. 11.3.0 Reverse seniority for Parks and Street. An employee who requests reverse seniority wiH go back to their original seniority in the Spring. 5. 1 I.6 Refusal of overtime assignment - force from bottom up. 6. Article 3 519 - Severance Pay. Time with School District shall not be used to qualify for employees hired after 01/O1l47. 7. New Article - PAGERS: Pagers may be issued to Street Services Workers who are placed on seasonal layoff and are receiving ttie seasonal health insurance benefit as provided in Article 9.18. Laid off employees who are issued pagers will be expected to respond to pages from the employer. 9�-so8 8. Appendix D.A.3: (Public Works) Revised language on Prunary Driving Jobs - referred to as Bid Drivers. a. Bid drivers shall have their base pay increased by $.25 per hour. b. Bid drivers will hold designation and pay for 1 yeaz until the next annual bid. c. Bid drivers will not be on Street Service Workers Overtime lisu. d. If laid off, bid drivers will be called in prior to Sueet Services Workers for driving jobs. 9. Appendix D.A.S.a: (Streets) Night shift assignment by class seniority. 10. Appendix D.A.S.b: (Streets) How to fill temporary vacancies on a shift. 11. Appendix E.A.l.a: (Parks) Overtime assignment within Pazks - crews by classification seniority. 12. Appendix E.A.2.b: (Forestry) Forestry 1VSP crew selection. 13. Appendix E.B.i: (Streets) Week-end and Holiday overtime wiil be assigned by seniority, from a posted sign-up list. Ifthe job requires the week-end to finish, the original assigned crew will be assigned to finish thejob. 14. Appendix E.B2: (Streets) Seniarity rights between Divisions. 15. Appendix E.B.3: (Streets) Procedure for calling from seniority list. 16. Appendix E.B.4: (Streets) Expanding eligibiliTy for overtime to people who have used vacation, holiday, comp time or who are returning from sick. 17. Appendix E.C.4: (Water Utility) Criteria for short-term and full-term job assignments. 18. Appendix E.C.S: (Water Utiliry) Expanding eligiblity for overtime 4o people who have used vacation, holiday, comp time or who are returning from sick. 19. Appendix E.C.6: (Water Utility) Overtime assignment call out sheet shall be used for both day and shifr overtime call outs ta verify proper use of the procedures. 20. Appendix E: (Water Utility) Overtime List 5election Procedures -- Day Crews 21. Appendix E: (Water Utility) Overtime List Selection Procedures - Night Crews 22. Appendix E: (Water Utility) Aistribution Division Overtime Policy 23. Appendix E: (Water Utility) Overtime Policy for the Thawing Rigs 24. Appendix E: (Water Utility) Oeertime Policy for Water Department HEOs interested in Snow Plowing 25. Agpendix E: (Water Utility) Vadnais Station(Highland Overtime Policy 4 98-sog LETTERS OF UNDERSTANDING i. L.etter agreeing to a I.abor Management Committee for Parks to discuss seniority. 2. L.etter committing the Street Department to provide a written explanation, upon request, of why an employee was denied uaining. 3. Letter agreeing to a Iabor Management Committee for the Water Utiliry to work out a Uniform Program by January 1, 1999. 4. Letter to Parks regarding NSP senioriry for Charles Keapproth. 5. Letter Agreeing to a Labor Management Committee for the Water Uti3ity to investigate and make recommendations regarding sick leave use. OTHER ACTIONS TAKEN BY CITY. 1. Requisitions were obtained for Bridge Crew I,eadet and Parks Crew I.eader tests. 2. Internal policy statement adopted for Crew leaders in the Parks Department. 3. Reclassification study for Bridge Maintanance Worker and Bridge Crew Leader. Study results retroactive to date completed. 4. Letter sent to Departments regarding restrictions to supervisors doing bargaining unit work. F:V.ABRELICOMRAC'I\TRICNCL\I997 98VMPGRPMM.WPD 5 CITY OF SAINT PAUL and Tri-Council, Loca1120, Local 49, Loca1132 1997,1998 and 1999 Collective Bargaining Agreement Summary of Changes: WAGES: Year 1:* Year 2: 05/01/97 2.0% 06/01/48 2.0% 12f01197 .6 5°!u 11/01/98 03% 2.5% 4J0 30l99 0.2% 2.5% *Retroactivirv for current em�lovees and those wh� Year 3: 06101199 I1l01/99 have left the unit standing. Temporary employees will be paid 90% of tlte AGC rate plus fringe benefits. Effective upon ratification of the contract. PAY ADJUSTMENTS: The following titles will be increased: I. Add $Q.25 to the base rate for Driver Operators and Bid Drivers. Effective OSJ01/98. 2. Bridge Worker+$030, Bridge Crew Leader+$p.3� to their base rates. Effective O11Q1/98. 3. Jet Rodder pay increased+$0.45 to $]4.18. Effective OSl01/94. 4. Revolving Shovel, eliminate $0.25 premium and 40 minute OT. Increase base hourly rate+ $2.14 to $23.57. Effective OS/01/99. 5. Paving Breaker / Pneumatic Tamper increased +$0.15 to $1933. Effective 05/01/99. 6. *Tractor Operator I increased +$0.27 to $16.42. Effective 05101l99. 7. Water Utility Worker I3 increased +$0.31 to $1b.67. Effective 05101l99. 8. Increase base rate on listed titles in these divisions in exchange for eliminating premiums. Bridggs• +$0.09 Streets: +$0.�4 Bridge Crew Leader *Driver-Operator (Streets, Parks, Water) Bridge Maintenance Worker Parks: +$0.04 Grounds Crew Leader *Groundsworker Parks Worker Sewers: +$0.04 Sewer Crew Leader *Sewer Maintenance I,aborer Sewer Services Worker Effective January 3, 1999. Labor Crew I,eader *Publ'rc Works Laborer Stores Laborer Street Services Worker *Unskilled I.aborer Water Utility: +$0.04 *Groundsworker-Wtr Ury Water Utility Worker I Water Utility Worker II Water System Worker I Water System Worker II Water Service Worker-Control Desk June ]0, ]998 qg �08� 2.0% 0.5°/a 2.5% Note: #3-#7 will be adjusted upwards to reflect salary increases from ] 996 rates. �� 1. Eliminate 8 obsolete premiums from contract. a). *Air Compressor Operator e). *Roller Engineer {under 6 tons) b). *Bituminous Curb Machine Operator �. *Sewer Maintenance I.aborer c). *Ketde Fireman g). *Tractor Operator I d}, *Mixer Engineer h). �`Vibrator Operator 2. Eliminate Tree Spade & Stump Chipper premiums (supposed to be deleted last time). 3. Eliminate premiums in exchange for increasing base rate on titles listed above. a}. Asphalt Shoveler e). Jack Hammer b). Chipping Hammer �. Mortar Mixer c). Chipping Machine g). Tender for a Bricklayer d). Chain Saw Effective January 1, 1999. 4. Retain the following premiums: a). Swing work 50 ft b). Asphalt Raker c). Tacman(Tamper d). Oiler operator e). 580 D formerly known as 50 HP power takeoff. R�- S� � 5. Retain & increase premiums a). NSP premium increased itom $0.50 per hour to 4% of the regular hourly rate. Effective OS/�I/98 b). Tandem Truck: Maintain at $.25 for Non-bid Street 5ervices Workers and add Parks Workers. Delete Driver Operators and non-bid Street Services Workers. Effective OSJOIJ98. c). 8 fr below ground premium increased to 3.5% of the regular hourly rate. Effective OSlOIJ98 d). Abatement Crew Premium: Parks Wotkers or Grounds Workers assigned to an abatement crew on a summary abatement deemed to be hazardous by the Health Department Inspector and PED summary abatement supervisor and requiring the use of special protective clothing shail receive $.66 per hour above their regular base rate for each hour or any part thereof worked in this alignment. Effective January 1, 1999 upon completion of training. HEALTH INSURANCE: iil 1799g Single: Full Single ($178.95) Family: $349.85 1 !1 9 Single; Ful1 Single Family: $349.85 + 50% of premium increase 3_ 9.4: 9.5_ and 9.18 wiih new 1l1/2 DO 5ingle: Fu11 Single Family: 1999 rate + 50% ofpremium increase amounts. Park Aide benefits if full-time: 1. Parks Workers who voluntarily reduce to Park Aide during the Seasonal layoff will maintain their health insurance. 2. All-Season, full-time Park Aides shall be identified by their Department in September. They will be eligible for the full dollar amo�nt of single health insurance. Effective 11lIf98 2 DE�'ERRED COMPENSATION: Effective Ianuary l, 1999. A. City will pay match bi-weekly: 20 years of City Service: $15.33 per bi-week ($40Q per year) 10-19 years of Ciry Service: $7.66 per bi-week ($200 per year) (City service determined by date of hire.) B. Eligibiliry will be detertnined September of each yeaz. C. Employees cannot have been on lay off in the previous 12 months. D. Eligible employees who experience a lay off must requalify. q8-5b� PENSTON: The Union authorizes deduction of $20 bi-weekly from employees of Local #132 who are currently vested and choose to participate in the Union's pension fund. The Union is to provide a list of eligible members. HOLIDAYS: City wili pay Veteran's Day & Martin Luther King as major holidays effective 5!1/98 and Day After Thanksgiving & President's Day as major holidays effective 4/1f00. Clarification: Labor Day will be added to the contract as a major holiday. UNIFORMS: 1. Article 6.4 Safety Shoes The Employer agrees to pay $50.00 per year, allowing an accrual up to $150 toward the purchase of shoes. Effective OS(O1/98. 2. Water uniforms; LMC to work out uniform program by OU01l99, City will require & pay far initial issue plus, upon showing of receipts, City wi{I reimburse employees required to wear a uniform up to $125 annually. Effective O1/01/00. LA]\�GUAGE CHANGES TO CONTRACT: 1. Language changes to 8.2 & 83 (Mgmt to notify employee rather than Union of shifr change and Mgmt to provide transportation to new work ]ocation). 2. Rewrite of 8.9 - Procedure for Filling SnowplowinglSanding Needs - defines priority order in which employees will be called. 3. 1].I.B.I Class seniority for employees with dual titles 4. 11.1.0 Reverse seniority for Parks and Street. An employee who requests reverse seniority wil{ go back to their original seniority in the Spring. 5. 11.6 Refusal of overtime assignment - force from bottom up. 6. Article 15.19 - Severance Pay. Time with Schoo3 District shall not be used to qualify for employees hired after 01l01197. 7. New Article - PAGERS: Pagers may be issued to Street Services Workers who are placed on seasonal layoff and are receiving the seasonal health insurance benefit as provided in Article 9.18. Laid off employees who are issued pagers will be expected to respond to pages from the employer. `�$ 5b� 8. Appendix D.A.3: (Public Works} Revised language on Primary Driving Jobs - referted to as Bid Drivers. 10. 11. 12. 13. 14. 15. 16. 17. 18. 14. 20. 21. 22. 23. 24. 25. a. Bid drivers shall have their base pay increased by $.25 per hour. b. Bid drivers will hold designation and pay for 1 year until the next annual bid. c. Bid drivers will not be on Street Service Workers Overtime lisu. d. If laid off, bid drivers will be called in prior to Stree[ Services Workers for driving jobs. Appendix D.A.S.a: (Streeu) Night shift assignment by class seniority. Appendix D.A.S.b: (Streets) How to fil{ temporary vacancies on a shift. Appendix E.A.l.a: (Parks) Overtime assignment within Parks - crews by classification seniority. Appendix E.A.2.b: (Forestry) Forestry NSP crew selection. Appendix E.B.1: (Streets) Week-end and Holiday overtime will be assigned by seniotity, from a posted sign-up list. If the job requires the week-end to finish, the origina3 assigned crew will be assigned to finssh thejob. Appendix E.B.2: (Streets) Seniority rights between Divisions. Appendix E.B3: (Streets) Procedure for calling from seniority list. Appendix E.B.4: {Streets) Expanding eligibility for overtime to people who have used vacation, holiday, comp time or who are returning from sick. Apgendix E.C.4: (Water Utility) Criteria for short-term and full-term job assignments. Appendix E.C.S: (Water Utility) Expanding eligib3ity for overtime to people who have used vacation, holiday, comp time or who are returning from sick. Appendix E.C.6: (Water Utility) Ovedime assignment cail out sheet shall be used for both day and shift overtime call outs to verify proper use of the procedures. Appendix E: (Water Utility) Overtime List Selection Procedures -- Day Crews Appendix E: (Water Utility) Overtime List Selection Procedures - Night Crews Appendix E: {Water Utility) Distribution Division OveRime Policy Appendix E: (Water Utility) Overtime Policy for the Thawing Rigs Appendix E: (Water Utility) Overtime Policy for Water Department HEQs interested in Snow Plowing Apgendix E: (Water Utility) Vadnais StationlHig}iland Overtime Policy � LETTERS OF UNDERSTANDING Rp'�b �j i. Letter agreeing to a Labor Management Committee for Parks to discuss seniority. 2. Letter committing the Street DeQartment to provide a written explanation, upon requesc, of why an employee was denied training. 3. Letter agreeing to a L,abor Management Committee for the Water Utility to work ou[ a Uniform Program by 3anuary i, 1999. 4. Letter to Parks regarding NSP senioriry for Charles Keapproth. 5. Letter Agreeing to a Labor Management Committee for the Water Utility to investigate and make recommendations regarding sick leave use. OTHER ACTIONS TAKEN BY CITY. i. Requisitions were obtained for Bridge Crew L,eader and Parks Crew I.eader tests. 2. Internal policy statement adopted for Crew leaders in the Parks Department. 3. Reclassification study for Bridge Maintanance Worker and Bridge Crew Leader. Study results retroactive to date completed. 4. Letter sent to DepaRments regarding restrictions to supecvisors doing bargaining unit work. F:�1.ABAEL\CONTR4CTITR]CNCLV997 98\IMPGRPMM.WPD u.., . _ � � � �-�� c.�� _ � ,. _ --. _ - t� �� U� . _ - ��r�� - �� - � MAY 1997 THitOUGH APRIE;, 2000" _ �_. ,. - � __ - � � � � � �07;I;EC3'I�?E B�RGAININiG AGR�EMENT _ � "; � � � , � �.. � � � � .° �,= $E`TWEEl�1 � . � _ , � E`, TiIE C�TI'�OF SAINT�PAUi:�. �� T , � �'HHE TR� COUNCIL - r � ,- � � � � ;L�CAL 12Q` Lt?C�; 4� AND LOCA� 132 r r � � INDEX n l_.J • ARTICLE TTTLE Principles .................... PAGE � ............................1 1 Recognition ................................................2 2 Maintenance of Standazds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Union Rights ...............................................3 4 PayrollDeduction ...........................................3 5 ManagementRights ..........................................3 6 Safety .....................................................4 7 Discipline Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Hours, Overtime, Snowplowing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Insurance ..................................................7 10 Employee Rights-Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Il Seniority ..................................................14 12 Vacation ..................................................16 13 Holidays ..................................................I7 14 Jury Duty .................................................18 15 Severance Pay .............................................18 lbWages ....................................................21 17 Savings Clause .............................................21 18 Jurisdiction ................................................21 19 Siek L,eave ................................................22 20 ParentalLeave .............................................23 21 LegalServices .............................................23 22 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 23 Defened Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 24 Termsof Agreement ........................................24 Appendix A Wage Schedules, Pretniums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ai Appendix B Temporary Employees Wage Schedules . . . . . . . . . . . . . . . . . . . . . . . . Bl Appendix C Driver Operator Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cl Appendix D General Policies Regazding Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . D 1 Appendix E General Policies Regazding Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . El I �B 5�� PRINCIPLES � This Agreement is entered into to facilitate the adjustment of grievances and disputes between the Employer and Empioyees to provide, insofar as possible, for the continuous employment of labor and to establish necessary pmcedures for the amicable adjushnent of all disputes which may arise between the Employer and the Union. The Employer and the Union encourage the highest possible degree of practical, friendly, cooperative relationships between their respective representatives at all levels. The officials of the Employer and the Union realize that this goal depends primarily on cooperative attitudes beriveen people in their respective organizations and at all levels of responsibility, and that proper attitudes must be based on full undetstanding of and regard for the respective rights and responsibilities of both the Employer and the Employees. There shall be no discrimination against any employee by reason of creed, sex, disability, � or Union membership. The Employer and ihe Union affirm their joint opposition to any discriminatory practices in connection with empioyment, promotion, or training, remembering that tt�e public interest remains in full utilization of employees skill and ability without regard to consideration of national origin, age, sex or disability. , -1- ' ARTICLE 1- RECOGNITION �� - L 1 The Emplo}�er recognizes the Union as the sole and exclusive collective bargaining agency for all employees that have been certi£ed by the State of Minnesota, Case No. 73-PR-427-A, as follows: • All employees of the City of Saint Paui in the classifications of Asphalt Plant Operator, Bridge Crew Leader, Bridge Maintenance Worker, *Driver-Operator, Dm�er-Operator--Water Utility, Forestry Crew Leader, Garden Laborer, Gardener, Golf Ranger, Grounds Crew Leader, *Groundsworker, *Gtoundsworker--Water UtiliTy, Heavy Equipment Operator, Heavy Equipment Operator--Asphalt Plant, Heavy Equipment Operator--Water Utiliry, 7et Sewer Cleaner Operator, Labor Crew Leader, Lead Gazdener, Modified Duty Worker--Laborer, Pazk Aide, Pazks Worker, #Power Clam Operator, *Public Works Laborer, Revolving Power Equipment Operator, Sewer Crew Leader, *Sewer Maintenance Laborer, Sewer Services Worker, Stores Laborer, Street Services Worker, *Ttactor Operator I, Tree Worker, *Unskilled Laborer, Water Service Worker-- Control Desk, Water 5ystem Worker I, Water System Worker II, Water Utility Worker I, and Water Utility Worker II who work more than 14 hours per week and more than 100 work days per yeaz, excluding Supervisory, Confidential, temporary, emergency, and employees exclusively represented by other labor or employee organizations. The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this Agreement shall be recognized as a part of this bazgaining unit, and the parties shall take aii steps required under the Public Employment Relations Act to accomplish said ob,}ective. ..2 The Employer agrees not to enter into any contractually binding agreements with any employee or representative not authorized to act on behalf of the Union. There shail be no individual agreements with any employees that conflict with the terms of this Agreement, and any such agreement or contract shall be null and void. 1.3 The Employer agrees to give tYie Union the right to supply fifiy percent (50%) of all new qualified referrals for work as temporary employees. ARTICLE 2- MAINTENANCE OF STANDARDS 2.1 The parties agree that all conditions of employment relating to wages, hours of work, over[ime differentials, vacations and ail other general working conditions shail be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the Ciry of Saint Paul and the Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement. , -2- ARTICLE 3 - UNION RIGHTS 3.1 The Union may designate employees from within the batgaining unit to act as Stewazds and shall inform the Employer in wriYing of such designations. Such employees shall have the rights and responsibilities as designated in Article 10 (GRIEVANCE PROCEDi7RE). There shall be no more than one Steward , from each local invoIved in any one specific grievance. 3.2 There shali be no deduction of pay from Stewazds when directly involved in meetings witt� management during working hours for grievance procedures. 33 Designated Union Representatives shalt be pernutted to visit employees on job sites and at deparanent buitdings during working time. ARTICLE 4 - PAYROLL DEDUCTION 4.1 The Emptoyer shall, upon request of any employee in the unit, deduct such sum as the Union may specify for the purpose of initiation fees and dues to ihe Union, providing the Union uses its best efforts to assess such deductions in as neazly uniform and standazd amounts as is possible. The Employer shall remit monthly such deduction to the appropriate designated Union. 4.2 In accordance u�th MS.A. 179.65, Subd. 2, the Employer agrees that upon notification by the Union, ihe Employer shall deduct a fair share fee from all certified employees who are not members of the exclusive representative. In no instance shall the required contribution exceed a pro rata shaze of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. 43 The Union authorizes deduction of twenty dollazs ($20.00) bi-weekly, from employees who aze members of Laborer's LocaI #132 who already have pension credits in the Union's Pension Fund and choose to participate in the Union's Pension Fund. The Employer wiil forwazd this to the Union's Fension Fund. The Union is to provide the Empioyer a list of eligible members. 4.4 The Union will indemnify, defend and hold the Employer harmless against any ciaims made and against any suits insrituted against the Employer, its officers or employees, by reason of negtigence of the Union in requesting or receiving deductions under this Articte. The Emp2oyer wiil indemnify, defend and hold the Union harmiess against any claims made and against any suits instituted against the Union, its officers or empioyees by reason of negligence on the part of the Employer in making or forwarding deducrions under tlzis Article. ARTTCLE 5 - MANAGEMENT RIGHTS 5.1 The Union recognizes the right of the Employer to operafe 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 o�cially abridged, delegated, or modified by this Agreement are retained by the Employer. - -3- ARTICLE 5 - MAiVAGEMENT RIGHTS (Continued) 6 �'.50� �.2 A public Employer is not required to meet and negotiate on matters of inherent managerial policy, which include but aze not limited to, such areas of discretion of policy as the functions and programs of the Employer, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. ARTICLE 6 - SAFETY 6.1 Accident and in}ury free operations shall be the goal of all Employers and employees. To this end the Employer and employee will, to the best of their ability, abide by and live up to the requirements of the several State and Federal Construction Safety Codes and Regulations. 6.2 To this end the Employer shall from time to time issue rules or notices to Ivs employees regazding on the job safety requirements. Any employee violating such rules or notices shall be subject to disciplinary action. No employee may be discharged for refusing to work under unsafe conditions. 63 Such safety equipment as required by governmental regulation, shall be provided without cost to the employee. At the Employer's option, the employees may be required to sign for safety equipment and shall be obligated to return same upon dischazge, layoff, quit or other termination in compazable condition as when issued, providing reasonable weaz and teaz. The Employer shall have the right to withhold the cost of such safety equipment if not returned. .� C� .. , The Employer agrees to pay $50.00 per payroll calendaz yeaz toward the purchase of one pair of safety shoes by an employee who is a member of this unit. The Employer shall contribute toward the purchase of one pair of shoes per payroil calendaz year and shall not be responsible for any additional cost for that yeaz. Employees may accrue a totai of $150.00 for the purchase of shoes. Reimbursement shall be made only after investigation and approval by the immediate supervisor of the employee. This contribution shall apply only to employees who are required by the Employer to wear protective shoes or boots. The City shall furnish uniforms at no cost to the employees who work in the Sewer Division of the Public Works Department. uniform. Effective January l, 2000 the Water Utility wilt reimburse these employees annually per payroll calendaz yeaz beginning the year after the employee's initial issue present receipts to be reimbursed. The Water Utility will provide at it's expense an initial uniform to employees required to weaz a up to $125 . Employees must -4- ARTICLE 7 - DISCIPLINE PROCEDURES 7.1 The Employer wiii discipline employees for just cause onIy. Discipline will be in the form o£ A. Oral reprimand; . B. Written regrimand; C. Suspension; D. Reduction; E. Dischazge. 7.2 Suspensions, reductions and dischazges will be in written form. 7.3 A notice in writing of suspensions, reductions and discharges shall be sent to the employee and the Union within seventy-two (72) hours after such action is taken. 7.4 Discharges wili be preceded by a five (5) working day preliminary suspension without pay. During said period, the employee and/or Union may request, and skall be entitted to a meeting with the Employer representative who initiated the suspension with intent to dischazge. During said f ve (5) working day period, the Employer may �rm the suspension and dischazge in accordance with Civii Service Rules or may modify, or withdraw same. 7.5 Grievance reIating to this Article shalI be processed in accordance with the grievance procedure under Arcicie 1 d. ARTICLE 8- HOURS, OVERTIME, SNOWPLOWING 8.1 The normal work day shall be eight (8) consecutive hours per day, excIuding a thirty (30} minute lunch � period, except for employees assigned to the 4l40 shift where the normal work day shall be ten (10) consecutive hours per day, excluding a thirty (30) minute lunch period. The normal work week shall be &ve (5) consecutive normal work days in any seven (7j day period except for employees assigned to the 4/40 shift where the normal work week shall be four consecutive ien Q 0) hour work days in any seven (7) day period. (For employees on a shift basis Yhis shall be construed to mean an average of forty hours a week.) 8.2 Except in cases of emergencies, the Employer shall notify the affected empIoyees of an intention to change a shift at least 24 hours prior to the beginning of the new shift. 83 Empioyees shali report to work locarion as assigned by a designated Employer supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the Empioyer. Management shali provide transportation or allow travel time within normal working hours to the new work location. 8.4 Call-in-Pay. When an employee is called to work he/she shall receive two hours pay if not put to work. If he/she is called to work and commences work, he/she shall be guaranteed four straight time hours pay. r _— \ -5- ARTICLE 8- HOURS, OVERTIME, SNOWPLOWING (Continued) �� _5�$ 8.5 Overtime. Time on the payroll in excess of the normal hours set forth above shall be "overtime work" • and shall be done only by order of the head of the departrnent. 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. Employee may express a written preference for the method of overtime payment, however, the basis on which such overtime shall be paid shall be detemuned solely by the Employer. The time and one-half overtime rate shall be based on the total rate, including any premium pay, being eamed during the overtune hours worked. 8.6 The two (2) work breaks shall not exceed fifteen (I S) minutes from the time the employee stops working until he/she resumes work, and shall be taken in close proximity of the employee's work station. 8.7 Employees who aze unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than one-hatf hour before the beginning of such work day. Failure to make such notification may be grounds for discipline. 8.8 The follow�ing will be the procedwe for fiiling snowplowing or sanding needs. A. All listed categories of City employees will be offered one shift before any receive a second shift. B. For purposes of a declazed snow emergency, both the night and day phases shall be considered shifts falling on the date of the day phase. Personnel shali be assigned to one of the two phases in the priority order shown below provided that no overtime shift results. C. In the event that overtime shifts aze needed to fill any assignment, overtime shifts shail be • offered in the same priority order. D. Order to be called. 1. Regular full-time Driver Operators, Heavy Equipment Operators, `Bid Driver" assignees and Street Service Workers on normally scheduled shifts. 2. Drivez Operators, Heavy Equipment Qperators and `Bid Driver" assignees on Iayoff. 3. Street Services Workers on layoff. 4. Sewer Services Workers. 5. Jet Sewer Cleaner Operators. 6. Bridge Maintenance Workers. 7. Crew Leaders. 8. Other permanent Tri-Council members. 9. Ail other qualified Public Works volunteers on normally scheduled shifts. 10. Qualified temporary Tri-Council members. , -6- ARTICLE 9 - INSURANCE Active Employee Insurance 9.1 The insurance ptans, premiums for coverages and benefts contained in the insurance plans offered by . the Employer shall be solely controllecl by the contracts negotiated by the Employer and the benefrt providers. The Employer wiil attempi to prevent any changes in the benefits offered by the benefit providers. However, the employees selecting the offered plans agree to accept any changes in henefits which a specific provider implements. IRS ruIes and regulations shalI govem the Employer provided heatth and welfare benefrt program. 9.2 Effective for the May, 1997 insurance premiums, for each eligible employee covered by this Agreement who is employed full-time and who selects employee health insurance coverage provided by the Employer, the Employer agrees to contribute $191.40 per month towazd the cost of the single health insurance premium, For each eligible full-Ume employee who selects family health insurance coverage, the Employer will contribute $349.85 per month towazd the cost of the family health insurance premium. 93 Effective for the January, 1998 insurance premiums, for each eligible employee covered by this Agreement wko is emptoyed full-time and who setects employee health insurance coverage provided by ihe Employer, the Employer agrees to contribute $178.95 per monYh towazd the cost of the 1998 single health insurance premium. For each eiigible full-time employee who selects family health insurance coverage, the Employer witl contribute $344.85, plus 50% of the 1998 family heatth insurance premium increase, each month toward ! the cost of the family health insurance premium. 9.4 Effective for the January, 1999 insurance premiums, for each eligible employee covered by this agreement who is employed full-time and who selects empIoyee heaIth instuance coverage pravided by the Employer, the Empioyer agrees to contribute the actual monthly cost of the 1999 single heatth insurance premium. For each eligible full-time employee who selects family heaith insurance coverage, the Employer will contribute the 1998 Employer contribution amount pIus 56% of the I999 family health insurance premium increase, each month towazd ihe cost of ihe family healtti insurance premium. 9.5 Effective for the January, 2000 insurance premiums, for each eligible employee covered by this agreement who is employed full-time and who selects employee health insurance coverage provided by the Empioyer, the EmpIoyer agrees to contribute the actual monthty cost of the 2000 single heaith insurance premium. For each eligible full-time employee who selects family health insurance coverage, the Employer will contribute the 1999 Employer contribution amount plus 50% of the 2000 family health insurance premium increase, each month towazd the cost of the family health insurance premium. - -7- ARTICLE 9 - INSURANCE (Continued) g$ -�j� 9.6 For the purpose of this Article, full-ume employment is defined as appearing on the payroll at least 32 . hours per week or at least 64 hours per pay period excluding overtime hours. 9.7 For each eligible employee covered hy this Agseement who is empioyed half-time who selects employee insurance coverage, the Employer agrees to contribute fifty percent {5�%) of the amount contributed for full-time employees selecting employee coverage in the same insurance plan. For each half-time employee who selects family insurance coverage, the Employer will contribute fifty percent (SQ%) of the amount contributed for full-time employees selecting family coverage in the same insurance plan. For the purpose of this Article, half-time employment is defined as appearing on the payroll at least 20 hours but less than 32 hours per week or at least 40 hours but less than 64 hours per pay period excluding overtime hours. An employee will be considered half-time only if such employee is assigned to a position which is regulazly assigned half-time hours. ' 9.8 For each eligible employee the Employer agrees to contribute the cost of $15,000 of life insurance coverage. Retiree Insurance 9.9 Employees who retire must meet the following conditions at the time of retirement in order to be eligible for the Employer contributions, listed in Sections 9.1 � and 9.11 below, towazd a health insurance plan offered by the Employer: . A. Be receiving benefits from a pubiic employee retirement act at the time of retirement, and B. Have severed his/her relationship with the City of Saint Paul for reasons other than misconduct, and C. Have completed at least 20 yeazs with the City of Saint Paul, and D. Were hired prior to January 1, 1996. Early Retirees 9.10 This 5ection shall appiy to full time employees who: A. Retire on or after January 1, 1946, and B. Were appointed on or before December 31,1995, and C. Have not attained age 65 at reurement, and D. Meet the terms set forth in Section 9.9 above, and E. 5elect a health insurance plan offered by the Employer Until svch employees reach saxty-five (65) yeazs of age, the Employer agrees that for retirees selecting single coverage, the Employer will provide the same contribufion as is provided for active employees selecting single coverage under this agreement. This amount, however, shall not exceed $350 per month. , �:� ARTICLE 9 - INSURANCE (Continued) For employees selecting family health insurance coverage, the Employer will contribute $3S0 per month towazd the premium for family health insurance coverage. Any unused portion af Yhe Employer's • conuibution shal] not be paid to the retitee. When such eazly retiree attains age 65, the provisions of Secrion 9.11 wili apply. Regular Retirees (Age 65 and over} 9.11 This Section shall apply to fizll time employees who: A. Retire on or afrer January 1, 1996, and B. Were appointed on or before Deeember 31, 1995, and C. Have attained age 65 at retirement, and D. Meet the terms set forth in Section 9.9 above, and E. Seleci a health insurance plan offered by the Employer The Employer agrees to contribute a tnaximum of $550.00 per month towazd the gremium for single or family health insurance coverage offered by the Employer to regulaz retirees and their dependents. Any unnsed portion of the Employer's contribution shall not be paid to the retiree. This Section shall also apply to early retirees who retired under the provisions of Section 9.10 when such retirees attain age 65. • 9.12 A retiree's participation in the Ciry's health insurance plan must be continuous. If a retiree chooses not to participate at the time of his/her retirement or if a retiree discontinues his/her participation, such retiree will not be eligible for any future participation or for any Employer contribution. 9.13 In the event of the death of a retiree who was hired on or after May 1, 1992 and who is participating in the City's health insurance program, the surviving spouse or dependent of the deceased may continue to participate in the City's heaith insurance pian at their/her own cost. Eligibility to confinae to participate shaii terminate when such spouse or dependent remarries or becomes eligible for group health insarance through any emptoyer. Survivor Insurance 9.14 The surviving spouse of an employee cazrying fanuly coverage at the time of his/her death due to a joh connected injury or illness which was deternuned to have arisen out of and in the covrse of his/her employment under worker's compensation law shail continue to be eligible for ciry contrihution in the same proportions as is provided far retired employees. In the event of the death of an eazly retiree or a regular retiree, the dependents of the retiree shalt have the option, within tturty (30) days, to continue the current hospitalization and medical benefits which said dependents previousiy had, at the premium and Emp2oyer contribution accorded to the eligible deceased retiree. - -9- ARTICLE 9 - INSURANCE (Continued) �fg �� _ i It is further understood that coverage shall cease in the event of: � A. Subsequent remarriage of the surviving spouse of the deceased employee or retiree. B. The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependent sha11 have the right to maintain City health insurance for the fust ninety (90) days of said employment. 9.15 A retiree may not carry his(her spouse as a dependent if such spouse is also a City retiree or City Employee and eligible for and is enrolled in the City heaith insurance program. Seasonal Layoff 9.16 Effective for the May, 1997, insurance premiums, for each eligible employee covered by this Agreement who is employed full-time and who selects health insurance coverage provided by the Employer, and who is placed on seasonal layoff, the Employer shall, for up to five months of layoff, contribute $191.40 per month toward the cost of the single health insurance premium or $349.85 per month toward the cost of the family health insurance premium, regazdless of whether or not such employee has worked the appropriate hours within the qualifying pay period. Effective for the 3anuary 1998 insurance premiums, the contribution for the single health insurance � premium shall be changed to $178.95 per month towazd the cost of the single health insurance premium, and the contribution toward family coverage shall be increased by 50% of the 1998 family health insurance premium increase. Effeciive for the January 1999 insurance premiums, the contribution for single coverage shall be changed to reflect the dollar amount of the single health insurance premium, and the contribution towazd the famiiy health insurance premium shail be increased by 50% of the 1999 family heatth insurance premium increase. Effective for the January 2000 insurance premiums, the contribution for single coverage shall be changed to reflect the dollar amount of the single health insurance premium, and the contribution toward the family health insurance premium shali be increased by 50% of the 2004 family health insurance premium increase. Miscellaneous 9.17 Pagers may be issued to Street Services Workers who are placed on seasonal layoff and aze receiving the seasonal health insurance benefit as provided in Article 9.16. Laid off employees who aze issued pagers will be expected to respond to pages from the employer. 9.18 The contributions indicated in this Article 9 shall be paid to the Employer's Group Heaith and Welfaze � Plan. -10- ARTICLE 9 - INSURANCE (Continued) Miscettaneous (Continued} 919 Any cost of any premium for any City-offered Employee or family inswance coverage in excess of the � dolIar amounts stated in this Article 9 shalI be paid by the Employee. 9.20 Any Employee having ten or more years of service with the Employer who becomes ill or injured so as to be unable to continue working and has e�austed a11 his/her sick leave and vacation shall be eligible for City paid health and welfare benefits for a maximum of three yeazs. 9.21 T'he Employer will provide a system whereby the employee's contribution towazd the premiums for the employee setected health insurance coverages will be paid on a pre-ta�t basis. Employees covered by this Agreement will be eligible to participate in the Flexible Spending Account and the Dependent Care Reimbursement Account as offered by the EmpIoyer. The service fee chazged to participating emptoyees in the Flexible Spending Account shall be paid by the empIoyee. T'he service fee charged to participating employees in the DependenY Care Reimbursement Account shali be paid by the Employer. 9.22 Any employee who is receiving benef ts under the terms of ihis contract and instead of layoff takes a voluntary reduction to Pazk Aide, to continue working during the winter, shall continue to receive the benefits availabie to his/her permanent title. 9.23 All Season Fuil Time Park Aide: A. The Parks Department wilt identify the number of Alt Season Fult Time Pazk Aide positions needed for full time employment by September of each year. The Department wiil choose first: 1. Laid off Parks Workers who tatce a reduction to Park Aide; then if necessary 2. Park Aides designated Ail Season Full Time Park Aide; then if necessary 3. Qualified Pazk Aides by Seniority. • B. Any Park Aide who accepts futt time winter employment (All Season Full Time Park Aide) by the Parks Departrnent, will be eligible for single health insurance coverage as provided in Articles 9.I through 9.5 of this contract beginning in January following the offer of winter employment and continuing for a11 consecutive months worked as an All Season Fult Time Pazk Aide. 9.24 The provisions of this Article 9 shall not apply to empIoyees in the tides of Golf Ranger and Pazk Aide. . -11- ARTICLE 10 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE �� 1 Q.l The Employer shall recognize stewazds selected in accordance with Union rules and regulations as the � grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the stewazds and of their successors when so named. 10.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibitities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The stewazd involved and a grieving employee shail 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. 10.3 The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 10.4 Grievances sha31 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 Union. The written grievance shali set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of • the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or with the use of reasonable diligence should have had knowiedge 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 wzitten grievance a designated Employer supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a resuit of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendaz days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendaz days folIowing receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days foliowing receipt of the Employer's answer shall be considered waived. Step 3. Within seven (7? calendaz days following receipt of a gzievance referred from Step 2 a designated Employer supervisor shail meet with the Union Business Manager or his designated representative and attempY to resolve the grievance. Within seven (7) calendaz days foliowing this meeting the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a resuit of the written response the grievance remains unresolved, ihe Union may refer the grievance to Step 4. Any , grievance not refened to in writing by the Union to Step 4 within seven (7) calendaz days following receipt of the Bmpioyer s answer shall be considered waived. -12- ARTTCLE 1Q - EMPL�YEE RIGHTS - GRIEVANCE PROCEDURE (Continued) Optional Mediation 1) If the grievance has not been satisfactority resolved at Step 3, t[ie Union may, within ten � (I O) calendaz days, request mediation. If Management agrees that ttze grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediation Services for the assignment of a mediator. Grievance mediation shall be completed within thirry (30) calendaz days of the assignment. 2} Grievance mediation is an optionai and voIuntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance azbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to arbivation shall be delayed for the period of inediation. 3} The grievance mediation process shatt be infortnal. Ru1es of evidence shall not apply, and no record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and argument to support their case. The mediator may meet with the parties in joint session or in separate caucuses. 4} At the request of both parties, the mediator may issue an oral recommendarion for settlement. Either party may request that the mediator assess how an arbitrator might rale in this case. 5) The grievant shalI be present at the grievance proceeding. If the grievance is resoIved, the grievant shall sign a statement agreeing to accept the outcome. Unless the parties • agree otherwise, the outcome shall nat be precedential. 6) If the grievance is not resolved and is subsequenfly moved to azbitration, such proceeding shall be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to their positions conceming resoiution or offers of settiement may be used or referred to during azbitration. Step 4. The arbitration proceedings shall be coaducted by an arbitrator to be selected from a permanent panel of five (5) arbitrators. Arbivators shall be selected by Iot within twenty (ZO) work days after notice has been given. The permanent panel of azbitrators shall be mutuatly agreed to by the Employer and the Union no later than sia�ty (bQ) days after the signing of this Agreement. In the event the Employer and the Union cannot mutually agree to five (5) arbitrators for the permanent panel, the parties will petition the Director of the Bweau of Mediation Services for a Iist of ten {10) azbitrators for each panei member for which the parties did not mutually agree. The parties shatl aiternately strike names from such list(s}, the Employer striking first, until one (lJ name remains. Vacancies occurring on the permanent panel during the life of Yhis Ageement shall be filled by mutuai agreemenY of the parties. If the parties cannot mutually agree, the vacancy shall be filled by the process noted in the preceding pazagraph. This azbitrator selection process shall be effective only for the duration of this Agreement unless both parties mutually agree to eactend such provisions. - -13- ARTICLE 10 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Cantin�`�)�� 10.5 The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the • provisions of this Agreement. The azbitrator sha11 consider and decide oniy the specific issue submitted in writing by the Emp3oyer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator sha11 be w�ithout power to make decisions contrary to or inconsistent with or modifying or varying in any way the applications 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 later, unless the parties agree to an extension. The decision shail be based solely on the azbitrator's interpretation ar application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shali be final and binding on tt�e Bmployer, the Union, and the employees. 10.6 The fees and expenses for the azbitrator's services and proceedings shall be bome equaliy by the Employer and the Union, 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. 10.7 The time limits in each step of this procedure may be eaKended by mutual agreement of the Employer and the Union. 10.8 It is understood by the Union and the Employer that a grievance may be determined by either the grievance procedure of this contract or by the provisions of the Civil Service Rules of the Ciry of Saint � Paul. If an issue is determined by this grievance procedure it shall not again be submitted for arbitration under the Civil Service Rules. If an issue is determined by the provisions of the Civil Service Rules it shall not again be submitted for azbitration under this grievance procedure. ARTICLE 11- SENIORITY l 1.1 Seniority, for the purpose of this Agreement, shall be defined as follows: A. "City Seniority" - The length of continuous, regulaz and probationary service with the Employer from the date of employment in any and all ciass titles. B. "Class Seniority" - The length of continuous, regular and Probationary service with the Employer from the date an employee was £ust certified and appointed to a class tit]e covered by this Agreement, it being further understood that class seniority is confined to the current class assignment held by an employee. 1. For Employees with dual titles, class seniority wi11 be defined as the class title assigrunent for the day assigned and wil] continue to be that class title until the next regulaz assigned shift. During a declazed emergency when the assigned shift is finished, those who hold dual 6ties, such as Heavy Equipment Operator and Driver Operator, will , revert to the lower title in order of their seniority in that title. -14- ARTICLE 11- SENIORITY (Continued) C. If an employee requests reverse seniority for the winter season helshe will be placed at Yhe - bottom of the seniority Iist. An employee's request must be submitted by October I 5 of each yeaz. All employees who have opted for reverse seniority wiil be retumed io their original • seniority on the call back list when the weather alIows the employer to begin normal spring/summer operations, or on April 1 of ttie foi2owing yeaz, whichever comes first. Pazks Workers or Grounds Workers opting for reverse seniority wilI be piaced at the bottom of the combined Parks Worker/Cnounds Worker seniority list during the lay off- period. 2. Driver-Operators, Bid Drivers or Public Works Laborers opting for reverse seniority will be ptaced at the bottom of the Sireet Services Worker winter call in seniority list afrer any Street Services Worker has opted for reverse seniority. 11.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 11.3 A. In the event it is detemuned by tiie Employer tiiat it is necessary to reduce the work fome, employees will be laid off by class title within each division based on inverse length of "Class Seniority." Recall from layoff shall be inverse order of layoff, except that recaii rights shall expire after two years of layoff. B. In cases where there are promotional series, such as Unskilled Laborer, Crew Leader, etc., when the number of employees in these higher titles is to be reduced, empioyees who have held lower titles which aze in this bazgaining unit wi11 be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs aze made by any class � title in any department. C. It is further understood that a laid ofF employee shall have the right to placement in any lower-paid class title in this bazgaining unit, provided said employee has been previously certified and appointed in said lower-paid class title. In such cases, the employee shall fust be pIaced on a reinstatement register and shall have "Class Seniority" based on the date originalIy certified and appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, return to original class as provided in pazagraph (A) above. D. The provisions of Appendix C shall apply to the classification of Driver Operator. 11.4 To the eatent possible, vacation periods shaIl be assigned on the basis of "Class Seniority", within each class, by division. It is, however, understood that vacation assignments shall be subject to the abiliry of the Employer to maintain operations. I 1.5 Promotions shall be handled in accordance with current Civi2 Service Ruies and practices. However, the Water UYility may promote and assign a member of a rotaYing emergency or night crew holding the secondary title of Water Service Worker-Control Desk to a temporary Water Service Worker-Control Desk vacancy on his assigned crew without reference to his seniority in that title. Regular permanent promotions wil] continue to be made in order of seniority in title. - -15- ARTICLE 11 - SENIORITY (Continued) t= �� 11.6 When a seniority list is being used to call in employees for overtime, once the list is exhausted, • the employer shall order employees, in reverse order of seniority, to report to work. ARTICLE 12 - VACATION 121 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, excluding overtime. Years oPService 1 st yeaz thru 4th year Sth yeazthru 9th year l Oth yeaz thru 15th yeaz 16th yeaz thru 23rd yeaz 24th year and thereafter �Iours of Vacation .0385 (10 days} .0616 (16 days) .0731 (19 days) .0885 (23 days) .1 Q00 (26 days) 12.2 The head of the department may pernut an employee to carry over one hundred and twenty (120) hours of vacation into the following "vacation yeaz". For the purpose of this article the "vacation yeaz" shall be the fiscal year {IRS payroll reporting year). 12.3 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I(one), Subsection H. �12.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty (180) days, he/she may convert any part of such excess at the rate of riuo (2) days of sick leave for one (1) day of vacation up to a maximum of five (5) days of vacation. 12.5 The ma�cimum number of days' vacation allowed by the conversion of sick leave credits shall be no more than five days on any one yeaz so that with the maximum vacation time which may be taken in any one year (including carry over allowed from previous vacatiQn yeaz) sha11 be forty-six days including the regular vacation period. 12.6 , The provisions of this Article 12 shall not apply to employees working in the titles of Golf Ranger or Park Aide. -16- ARTICLE 13 - HOLIDAYS 13.1 The foliowing twelve (I2) days shali be designated as holidays: New Yeai s Day, January 1 Martin Luther King Day, third Monday in January Presidents' Day, third Monday in February Memorial Day, last Monday in May Independence Day, Juty 4 Labor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 Two floaiing holidays � Eligible employees shali receive pay for each of the hoIidays listed above, on which they perform no work. V�'hen New Year's Day, Independence Day, Veterans' Day or Chrishnas Day fatls on a Sunday, the foliow7ng Monday shall be considered the designated holiday. When any of these fovr (4) holidays falls on a Saturday, the preceding Friday shaIl be considered the designated holiday. For those employees assigned to a work week ottter than Monday through Fri@ay, the holiday shall be observed on the calendaz date of the holiday. 13.2 The floating holidays set forth in Section 13.1 above may be taken at any time during the fiscal year, subject to the approval of the Department Head of any employee. 13.3 Eligibility Requirements. In order To be eligible for a holiday with pay, an employee's name must appeaz� on the payroll on any six working days of the nine working days preceding the hoIiday; or an empIoyee`s name must appeaz on the gayroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. 13.4 The ten (10) holidays shall be considered non-work days. 13.5 If, in the judgment of the Employer, personnei aze necessary for operating or emergency reasons, emplayees may be scheduled or "catled back" in accordance with Article 8.4 (Call-in-Pay). I3.6 If an employee entitled to a holiday is required to work on Martin Luther King Day, PresidenYs Day, Day After Thanksgiving ar Veterans' Day, he/she shall be granted another day off with pay in tieu thereof as soon thereafter as the convenience of the department permits, or the employee shall be paid on a straight time basis for such hours worked, in addition to his/her regulaz holiday pay. If an empIoyee entitled to a hotiday is required to work on New Year's Day, Memoria� Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, helshe shall be recompensed for work dane on this day by being granted compensatory tnne on a time and one-half basis or by being gaid on a time and one-half basis for such honrs worked, in addition to his/her regulaz holiday pay. r L- -17- ARTICLE 13 - HOLIDAYS (Continued) 2� 50� Effective May 1, 1998 if an employee entifled to a holiday is required to work on Martin Luther King � Da}° or Veterans Day helshe shall be recompensed for work done on this day by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such hours worked, in addition to his/her regtilaz holiday pay. Effective Apri1 1, 20Q0 if an employee entifled to a holiday is required to work on Presidents' Day or `zhe Day After Thanksgiving helshe shall be recompensed for work done on this day by being granted compensatory time on a time and one-half basis or by being paid on a tnne and one-hatf basis for such hours worked, in addition to hislher regu]az holiday pay. Eligibiliry for Holiday pay shall be determined in accordance with Section I, Subsection I of the Saint Paul Salary Plan and Rate of Compensation. 13.7 The provisions of this Article 13 shail not apply to employees working in the tities of Golf Ranger and Park Aide. ARTICLE 14 - JURY DUTY ] 4.1 Any employee who is required during his/her regular working hours to appear in court as a juror or witness, except as a witness in the employee's own behalf against the Employer, shall be paid hislher regular pay while so engaged. Any fees that the employee may receive from the court for such service • shall be paid to the City and be deposited with the City Finance Director. Any employee who is scheduled to work a shift, other than the normal daytime shift, shall be rescheduled to work the normai daytime shift during such time as he/she is required to appeaz in court as a juror or witness. ARTICLE 15 - SEVERANCE PAY 15.] The Employer shall provide a severance pay program as set forth in this Article. 15.2 To be eligible for the severance pay program, an employee must meet the following requirements: A. The emp3oyee must be 58 yeazs of age or oider or must be eligible for pension under the "rule of 90" or the "rule of 85" provisions of the Pubiic Employees Retirement Association (PERA). The "rule of 90" criteria shall also apply to empioyees covered by a public pension plan other than PERA. B. The employee must be voluntarily separated from Ciiy employment or have been subject to sepazation by layoff or compulsory refirement. Those emgloyees who aze discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the Ciry severance pay program. � -IS- ARTICLE 15 - SEVERANCE PAY (Continued) C. The employee musi have at least ten (10) years of consecutive service under the ctassified or uncIassified Civil Service at the time of sepazation. . D. The employee must file a waiver of reemploytnent with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type), with the City. E. The empioyee must have accumulated a minimum of sia�ty (60) days of sick leave credits at the time of his/her sepazation from service. 15.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance gay 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 leave subject to a maximum of $6,500. 15.4 For the purpose of this severance program, a death of an employee shall be considered as separaiion of employ ment, and if the employee would have met alI of the requirements set forth above, at the time of his or her death, payment of the severance pay will be made to the employee's esiate or spouse. I5.5 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 15.6 This se��erance pay program shall be subject to and govemed by the provisions of City Ordinance No. l 1490 except in those cases where the specific provisions of tivs article conflict with said ordinance and • in such cases, the provisions ofthis articte shatl control. 15.7 The provisions of this articte shall be effective as of May 3 2, 1984. 15.8 Any emptoyee hired prior to May 31, 1984 may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by Ciry Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this article or the ordinance shali constitute a baz to receiving severance pay from the other. 15.9 For empIoyees appointed to a title covered by this Agreement on or after May 1, 1989, the Employer shall provide only the severance pay program as set forth in 15.10 through 15.14. 15.10 To be eligible for the severance pay program, an empioyee must meet the following requirements: A. The employee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement. Those employees who are dischazged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the City severance pay program. r� L� -19- ARTICLE 15 - SEVERANCE PAY (Continued) C�$ 5�� B. 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 al1 claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. C. 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. I5.11 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of segaration for each day of accrued sick leave sub}ect to a ma�cimum as shown below based on the number of yeazs of service in the City. Yeazs of Service with the City At Least 20 21 22 23 24 25 Maximum Severance Pay 5,000 6,000 7,000 8,OOQ 9,000 10,000 15.12 Foz the purpose of this severance program, a death of an employee shall be considered as separation of • emplo}�ment, and if the employee would have met all of the requirement set forth above, at the time of his or her death, payment of the severance pay shall be made to the employee's estate or spouse. 15.13 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 15.14 This severance pay program shall be subject to and govemed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control, I5.15 Notwithstanding Article 15.9, employees appointed prior to May l, 1989 to a title covered by this agreement who meet the qualifications as defined in articles 15.10 and 15.11 may elect to draw severance pay under the provisions of 15.11. However, an election by an employee to draw severance pay under article 15.11 shall constitute a bar to drawing severance pay under any other provision set forth in this Agreement. 15.16 Employees appointed on or after May i, 1989 to a titie covered by this agreement sha11 not be eligibie for any severance pay provisions other than the provisions as set forth in articie 15.9 thiv 15.14. 15.17 Time with Schoot District 625 shall not be used to qualify for the benefits in this Article for employees hired after January 1, 1997. . - 20 ARTICLE 16 - WAGES 16.I 16.2 The basic hourly wage rates as estabIished by Appendix A shalt be paid for aII hours worked by provisional, regulaz and probationary employees. 'The basic hourty cvage rates in Appendix A reflect the folIowing increases: Effective 04-26-97 Effective 12-06-97 Effective 06-06-98 Effective 16-24-98 Beginning of payperiod closest to 04-30-99 Beginnin$ of payperiod closest to 06-01-99 Beginning ofpayperiod closest to 11-01-99 ARTICLE 17 - SAVINGS CLAUSE 2.0% increase 0.5% increase 2.0% increase 0.3% increase 0.2% increase 2.0% increase 0.5% increase 17.1 This Agreement is subject to the laws of tlte United States, the State of Minnesota, and the City of Saint PauT. In the event any provision of this Agreement shall hold to be contrary to law by a court of competent jurisdiction from whose finat judgmenf or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. ARTICLE 18 - JURISDICTION 18.1 Disputes concerning work jurisdiction beriveen and among Unions is recognized as an agpropriate subject for determination by the various Unions regresenting employees of the Employer. 18.2 In the event of a dispute concerning the performance or assignment of work, the Unions involved and the Employer shall meet as soon as mutually possible to resoIve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employei s basic right to assign work. �� 183 Any employee refusing to perform work assigned by the Employer shall be subject to disciplinary action as provided in Article 7(Disciplinary Procedures). 18.4 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. 18S The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to Employers who quaIify in accordance with Ordinance No. 14013. �� — -21- ARTICLE 19 - SICK LEAVE G)$ �rl 6 I 19.1 Sick ]eave shail be eamed and granted in accordance with the Civil Service Rules. The ac�rual rate for � eligible employees shall be .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave without pay may be granted in accordance with the provisions of Section 20H of the Civil Service Rules for a period up to but not to exceed three years. 192 In the case of a serious iliness or disability of an employee's child, parent or household member, the head of the department shall grant leave with pay in order for the employee to care for or make arrangements for the caze of such sick or disabled persons. Such paid leave shall be drawn from the employee's accumulated sick leave credits. Use of such sick leave shall be limited to 40 hours per incident. 14.3 Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, may be granted one da}' of sick leave to attend the funeral of the employee's grandpazent or grandchild. 19.4 Pregnant employees of the City of Saint Pau] shall be eligible for the use of paid sick leave and unpaid leave of absence in the same manner as any other disabled or ili City empioyee. Such paid sick leave eligibility shall begin upon certification by the employee's attending physician that the employee is dasabled in terms of her ability to perform the duties of her position. 19.5 The head of the Department or the Human Resources Director may require a physician's certificate or additional ceztificates at any time during an employee's use of sick leave for the purposes stated in 19.2 above. A11 such certificates sha11 be forwarded by the appointing officer to the Human Resources Office. • If an employee is absent because of the provisions of Article 19.2 above for three or fewer calendaz days he/she shall submit to the head of the Department a certificate signed by the employee stating the nature of the child, parent or household member's sickness. If the sickness continues for more t2�an three calendar days, no further sick leave shall be granted unless or until a physician is consulted. The sick leave may be continued from and include the day of consultation, but only if a certificate signed by the physician certifying to the nature and period of the person's sickness is submitted and approved by the head of the department and forwarded to the Human Resources Office. 19.6 No sick leave shall be granted for the above reasons unless the employee reports to hishaer department head the necessity for the absence not later than one-half hour before hislher regulazly scheduled time to report for work, unless he/she can show to the satisfaction of the department head that the failure to report was excusable. 19.7 An employee sha11 be paid under the provisions of this paragraph oniy for the number of days or hours for which he/she would normally have been paid if he/she had not been on sick leave. 19.8 The provisions of this Article 19 shall not apply to employees working in the titles of Goif Ranger or Park Aide. � -22- ARTICLE 20 - PARENTAL LEAVE 20.1 Materniry Leave. Matemity is defined as the physical state of pregnancy of an emptoyee, commencing � eight (8) months before the estimated date of chiidbirth, 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 ernployee 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 (1) yeaz. 20.2 School Conference Leave. An employee shal2 be granted up to a total of sixteen (16} fiours during a school year to attend school conferences or classroam activities related to the employee's chiid, provided the conferences or classroom activities cannot be scheduled during non-work hours. When the teave cannot be scheduled during non-work hours and the need for the leave is foreseeable, the employee must provide reasonable prior noYice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the Employer. An employee shall be allowed to use vacation or compensatory time for this ]eave; otherwise, ttus leave shall be without pay. ARTICLE 21 - LEGAL SERVICES 21.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, ihe Employer shall defend, save hazmless and indetnnify an employee, and/or his/her estate, against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission in the perFormance and scope of the employee's duties. ARTICLE 22 - STRIKES, LOCKOUTS, WORK INTERFERENCE • 22.1 The Unioas and the Employers agree that there shall be no strikes, work stoppages, slow-downs, sit down, stay-in, or other concerted interference with the Employer s business or affairs by any of said Unions and/or the members thereof, and there shall be no bannering during the e�ustence of this Agreement without first using ali possible means of peaceful settlement of any controversy which may arise. a -�- ARTICLE 23 - DEFERRED COMPENSATION �. . � •♦ 23.1 Beginning 3anuary I, 1999, employees who have completed ten (10) through nineteen (19) years of • service with the City of Saint Paul and who meet the eligibility requirements listed below shaIl be eligible for $7.66 bi-weekly ($200.00 per year) for Deferred Compensation paid bp the Employer on a dollaz for dollar match. Years of service shall be determined by date of hire. 23.2 Beginning January 1, 1999, employees who have completed twenty (20) yeazs of service with the City of Saint Paul and who meet the eligibility requiremer�ts listed below shalI be eligible for $15.33 bi-weekly ($400.00 per year) for Deferred Compensation paid by the Employer on a dollaz for dollar match. Years of service shall be determined by date of hire. 233 Eligib3lity Requirements: A. Eligibility will be determined in September of each yeaz. B. Employees cannot have been on lay off in the previous 1 Z months. C. Eligible employees who experience a lay off must requalify through a and b above. ARTTCLE 24 - TERMS OF AGREEMENT 24.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties • aRer the exercise of this right aze fully and completely set forth in this Agreement. Any and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this Agreement are hereby superseded. In those areas where Civil Service Rules aze not inconsistent with this Agreement, the Civil Service Rules shall continue to be in effect. a000 24.2 Except as herein provided this Agreement shall be effect e as of the date it is executed by the parties and shall continue in full farce and effect thru April 30,°�H; and thereafter until modified or amended hy mutual agreement of the parties. Either party desiring to amend or modify this Agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. . -24- A.RTICLE 24 - TERMS OF AGREEMENT (Continued) �g 56$ 243 This constitutes a tentative agreement between the parties which will be recommended by the City • Negotiator but is subject to the approval of the Administration of the City, the City Council and is also subject to ratification by the Unions. WITNESSES: CITY OF SAINT PAUL BY: _ �l� , Ma�g . Keamey Director, Labor Relations DATE: bl �` �� i . TRI-COIJI3CIL BY: �� .c� Business Rep., Local 120 DATE: � " � y� BY`\� O�� Business Manager, Local 132 DATE: G—.r--�� : Business Rep., Local 132 DATE: BY: �� Business Rep., Local 49 �• = .�1!�,�1.� ':I�i %!�% / : , ,. DATE: -25- APPENDIX A q8-5a$ The hourly wage rates for provisional, regulaz and probationary employees working in the classes listed below aze as shown: r� GROUP A Effective on the following dates: 4-26-97 12-6-97 6-6-98 10-24-98 April 99 June 99 Nov 94 2.0% 0.5% 117198 2.0% 03% 7/1/99 02% 2.0% 0.5% Bridge Crew Leader 17.29 17.38 17.6$ 18.03 18.d8 18.17 S 823 18.57 18.66 BridgeMain. Worker 76.62 16.74 17.00 1734 1739 17.48 17.5] ]7.86 17.95 Csrounds Crew Leader 17.16 17.25 17.60 17.65 17.69 17.73 18.08 18.17 Labor Crew Leader 17.16 17.25 17.6� 17.65 17.69 17.73 18.08 18.17 Pazks Worker 16.49 16.57 16.90 1695 16.99 17.02 17.36 17.45 •Public Works Laborer 16.49 16,57 16.90 16.95 16.99 17.02 17.3b 17.45 SewerCrewLeader 78.17 18.26 18.63 38.69 18.73 18.77 19.15 19.25 YSewerMaintenance 1b.80 1b.88 7722 1727 17.37 1734 17.64 77.78 Laborer Sewer Services Warker 16.80 16.SS 17.22 17.27 1731 17.34 17.69 17.78 StoresLaborer ]6.49 16.57 16.90 1695 16.99 17.02 1736 17.45 Street Services Worker 16.49 16.57 76.90 16.95 16.99 17.02 3736 17.45 'Unskilled Laborer 16.49 16.57 16.90 16.95 16.99 77A2 17.36 ]7.45 Water UW I 16.49 16.57 16.90 36.95 16.99 17.02 1736 17.45 Water UW II 16.69 16,77 17.11 17.16 ll.20 ]7.23 17.97 18.00 5(1l94: I 7.56 Water SW 1 16.80 16.88 17.22 17.27 17.37 17.34 19.69 1'7.78 Water SWII 77.b0 17.69 18.04 18.09 18.13 18.77 I8.53 18.62 Water-Control Desk 17.65 17.74 18.09 18.14 18.18 18.22 38.58 ]8.67 `This title is abolished except as to present incumbenu. r - A1 - Agpendix A (Continued) Group A(Continued) 4-26-97 12-6-97 6-6-98 10-24-98 Apri199 June 99 Nov 99 Z.0% 0.5% 2.0% 0.3% I/I/99 0.2% 2.0% 0.5% Golf Ranger First 500 Hours 5.84 5.87 5.94 6.01 6.02 6.14 6.17 Second 500 Hours 6.42 6.45 6.58 6.60 6.61 6.74 6.77 Th'ud 500 Hours 6.96 6.99 7.23 7.15 7.26 7.30 7.34 Fourth S�O+Hours 7.53 '7.57 7.72 7.74 �.76 'J.92 7.96 Pazk Aide First 500 Houzs 6.69 692 6.85 6.87 6.88 7.02 7.06 Second 500 Hoars 7.26 730 7.45 7.47 7,48 7.63 7.67 Third 500 Hours 7.80 7.84 8.00 8,02 8.04 5.20 8.24 Fourth500+Hours 8.37 8.41 8.58 8.bt 8.63 8.80 8.84 Gazden Laborer Start ] 5.24 15.32 15.63 15.68 ] 5.71 ] 6.02 16.10 Afrer Six Months 15.68 15.76 16.0$ 16.13 16.16 16.4$ 16.56 Gardener Starc 16.16 16.24 16.56 16.61 16.64 16.97 17.05 ARer Six Months t6.49 16.57 16.90 16.95 16.98 17.32 17.41 'Grounds worker Start ] 5.54 15.62 15.93 15.98 ] 6.02 ] 6.05 I6.31 16.45 Afrer Six Months 15.97 ] 6.05 1637 I6.42 16.46 16.49 16.82 16.90 `Groundsworker - Wazer Utility Start 15.54 15.62 15.93 15.98 16.02 16.05 16.37 16.45 After Six Months ] 5.97 16.05 ] 6.37 16.42 16.46 16.49 16.82 ] 6.90 'This title is abolished except as to present incumbenu. � u i -�- Appendix A (Continued) �� JJ�� GROUP B 4-26-97 12-6-97 6-6-98 ]0-24-98 Apri199 2.0% 0.5% 2.0% 03% 02% •Tractor 16.47 16.55 ]6.88 I6.93 16.96 Opemtor ] This title is abolished except as to present incumbents. GROUF C 5!1/99 7 7.25 Sune 99 2.0°10 7 7.60 Nov 49 0.S% 17.b9 � � �� _ J 4-26-97 12-6-47 6-6-98 10-2498 Apri194 June 99 IQov 94 2.0% 0.5% 2.0% 03°10 Q.2% 5f1l49 2.0% Q.5°/u Asphalt Plant Operator J 9.56 19.66 20.05 20.13 20.15 20.55 20.65 Heavy Equip. Operator 19.56 14.66 20.45 20.11 20.15 20.55 2D.65 Heavy Equip Oper/Asphalt 19.Sb 19.6b 20.05 20.11 20.15 20.55 20.65 Plant Heavy Equip. OperlWater 19.56 19.66 2�.05 20.11 20.15 20.55 20.65 Utiliry iet Sewer Cleaner Oper 19.30 19.20 79.58 19.6A 19.68 20.15 20.55 20.65 Paving Breaker (Hydra 19.56 19.66 20.Oi 2D.1 I 20.15 20.32 20.73 20.83 Hammer/Tamper) *Power Clam Operator 19.56 19.66 20.05 20. ]] 20.15 20.55 20.65 Revo]ving Power Equip 19.82 79.92 2032 20.38 20.42 22.67 23.12 23.24 Operator `This title abolished except as to present incumbents. ' `�i• � 4-26-97 12-6-97 6-6-98 10-24-48 Apri199 lune 99 Nov 99 2.0% 0.5% 2.0% 03% 1(I/99 0.2% 2.0% 0.5°l0 �•DriverOperaror 16.49 16.57 ]6.90 1b.95 16.99 37.02 3736 17.45 'This title abolished except as to preseni incumbents. Note: Effective 5/1198, $.25 shall be added to the above rates per "Premiums, Subd. T' page A5. GROUP E 4-26-97 12-6-97 6-6-98 10-24-98 April 99 June 99 Nov 99 2.0% 0.5% 2.0% 03% 0.2% 2.0% 0.5°/a Forestry Crew Leader ]9.37 14.47 ]4.86 19.92 19.96 20.36 20.46 � Tree Worker 77.62 17.17 38.06 78.11 18.35 18.51 18.60 'f�- Appendix A (Continued) GROUP B 4-26-47 12-6-97 6-6-98 10-24-98 April 49 June 99 Nov S 2.0% 0.5% 2.0% 03% 0.2% 5/1/99 2.0% 0.5°/ 'Tractor 16.47 16.55 16.88 16.93 16.96 17.25 17.60 .69 Operator I *T'his title is abo3ished except as to present incumbenu. GROUP C 4-26-97 12-6-97 6-6-98 10-24-98 2.0% 0.5% 2.0% 03% Asphalt Plant Operator 19.56 19.66 20.05 20.11 HeavyEquip.Operator 59.56 19.66 20.05 20.7 Heavy Equip Oger/Asphalt 19.56 19.66 20.05 2.11 P{ant Heavy Equip. Oper(Water 19,56 19.66 20.05 24.11 Utility let Sewer Cleaner Oper 14.1� 14.20 ]9 8 19.64 Paving Breaker (Hydra 7 9.56 19.66 0.05 20. ] 1 HammerlTamper) 'Power Clam Operator 19.56 19.66 20.05 20.11 Revoiving Power Equip ]9.82 19 2 2032 20.38 Operator * This fit)e abolished except as to present in mbents. �18-�a� ri149 June 99 Nov 99 .2% 5!1/99 2.0% 0.5% 20.15 Z0.55 20.65 20.15 20.55 20.65 20.15 2�.55 20.65 2Q.15 20.55 20.65 19.68 20.15 20.55 20.65 20.15 20.32 20.73 20.83 20.15 20.55 20.65 20,42 22.67 23.12 23.24 GROUP A 4-26-97 12-6-97 6-6-98 1 Q-24•98 April 49 lune 99 Nov 94 2.0% 0.5% 5/1J98 2.0% 03% lll/99 02% Z.0% 0.5% `DriverOperator 16.49 16.57 16.82 17.16 17.21 17.25 17.28 t7.63 ]7.72 'This title abolished exce as to present mcumbenu. Forestry Cr Leader Tree Wo er GROUP E 4-26-97 12-6-97 6-6-98 10-24•98 Apri199 June 99 Nov 99 2.0% 0.5% 2.0% 03% 0.2°/a 2.0% 0.5% 19.37 19.47 19.86 19.42 19.96 2036 20.46 17.62 1�.71 ]8.06 ]8.]1 15.15 I8.51 lS.6D ' � ' Appendix A (Contiaued) The City agrees that if a classification study ofthe Bridge Maintenance Worker or Bridge Crew Leader title results in a proposed increase, the City witl impiement such increase retroactive to the date of tfie completed job � profile. PREMIUMS A. Emptoyees required to work eight (8) feet or lower 6eneath ground shaiI receive three percent (3%) per hour above the regular base hoar�y rate for each hour or any part thereof worked in such an assignment. This provision shall not apply to employees working under the titles of Water System Worker I or Water System Worker II. Effective May 1, 1999, This premium shall increase to 3.5%. B. A premium pay of fifty-cents ($.50) per hour shall be paid for ail swing stage work, such as work performed from a boatswain's chair or a swing scaffold or hazazdous work that requires the use of a safery belt fifty (50} feet or more above the ground. All siandard safety laws shatl be complied with. C. Tree Workers assigned to the crew perfornung tree trimming duties in assisting Northem States Power Company shail receive $.50 per hour above the regutaz base rate or any part thereof worked in such an assignment. Effeciive May 5, 1998 this premium shali be four pereent (4%) per haur above the regulaz base hourly rate of a Tree Worker for each hour or any part thereof worked in such an assignment. D. Empioyees assigned the duties of Oiler Operator shal[ receive $.75 per hotu above the regulaz base rate for each hour or any part thereof worked in such an assignment. E. Street Services Workers, Parks Worker or Water UtiliYy Workers I assigned to perform duties of an *Asphalt Raker shall receive $.45 per hour above ihe regular base rate for each hour or any part Thereof worked in such assignment. F. Sueet Services Workers or Water Utility Workers I assigned to perform duties of an'Tacman(Tamper shall receive $.50 per hour above the regular base rate for each hour or any part thereof worked in such assignment. An additional $.20 per hour shall be paid for assigrunent to the duties of *TacmanlTamper. This is in lieu of any clothing allowance and shail be paid only for hours worked perfomung such duties. G. Any Parks Worker/*Grounds Worker assigned to operate a 580-D or a rotary grass cutting machine having a cutting width of over I S feet shall receive $.45 per hour above the regular base rate for each hour or any part over one fourth hour actually worked in such an assignment The regulaz operators of the 580-D equipment from previous seasons will be considered first for these assignments. For new openings, the Division will post the opening and take the senior quatif ed candidate. However the Division does not waive its righis to assign gremium pay positions to less senior employees if it deems it necessary. This premium does not include reel mowers or 7-gang mowers. H. Pazks Workers or Grounds Workers assigned to an abatement crew on a summary abatement deemed to be hazardous by the Heatth Department Inspector and PED summary abatement supervisor and requiring the use of special protective clothing shall receive $.60 per hour above the regular base rate for each hour or any part thereof worked in this assignmenY. Effective January 1, 1999 upon completion of uaining. - -A4- Appendix A (Continued) C�$ �� I. *Driver-Operators and Street Services Workers assigned to drive tandem trucks, or required to drive • lowboy, truck trailer, or show mobile, shall receive $.25 per hour above the base rate for each hour or any part thereof worked in such an assignment. Effective Apri130, 1998 this paragraph is deleted. Effective May 1, 1948 Street Services Workets and Parks Workers assigned to drive tandem trucks, or required to drive lowboy, truck trailer, or show mobile, shall receive $.25 per hour above the base rate for each hour or any part thereof worked in such an assigzunent. *Driver Operators and Street Services Workers paid as `Bid Drivers" as def ned under the provisions of Appendix D, A3 are not eligible for this premium. J. Street Services Workers who are selected as "Bid Drivers" under the provisions of Appendix D, A3. and Driver Operators shall have the base pay increased by $.25 per hour. Effective May I, 1998. PREMIUMS DELETED JANUARY 1,1999: K. Employees assigned to operate a Chipping Hammer shall receive $.25 per hour above the regular hase rate for each hour or any part thereof worked in such an assignment. Effective January 1, 1999, this premium is deleted. L. Bmployees to operate a Chain Saw, except employees working under the title of Tree Worker shall receive $.25 per hour above the regular base rate for each hour or any part thereof worked in such an assignment. Effective January 1, 1999, this premium is deleted. �vl. Employees assigned to perform the duties of a Tender for a Bricklayer or Blocklayer, or brick/paving setter shall receive $.20 per hour above the regular base rate for each hour or any part thereof worked in such an assignment. Effective January 1, 1999, this premium is deleted. N � Any *Groundsworker or Water Shed Laborer (now titled Water Utility Worker II) assigned to operate a Chipping Machine shall receive $.25 per hour above the regular base rate for each hour or any part thereof worked in such an assignment. Effective January 1, 1999, this premium is deleted. Emplo}=ees assigned to operate a Jackhammer, shall receive $25 per hour above the regular base rate for each hour or any part thereof worked in such an assignment. Effective January 1, 1999, this prem3um is deleted P. Employees assigned to operate a Mortar Mixer, shall receive $.20 per hour above the regulaz base rate for each hour or any part thereof worked in such an assignment. Effective January i, 1999, this premium is deleted. Q. Any regularly appointed *Driver-Operator assigned to operate any of the equipment covered by the abolished class titles listed below shall receive $.03 per hour above their regulaz base zate for each hour actually worked in such an assignment. Effective January 1, 1999 this premium is deleted. *Air Compressor Operator *Bituminous Curb Machine Operator , *Mixer Engineer *Roiler Engineer (under 6 tons) *Tractor Operator I -AS- APPENDIX B �,. . � �• Temporary employees shall be paid ninety percent (90%) of the appropriate wage rates established by the Highway and Heavy Agreement then in effect between the Unions and the Associated General Contractors of Minnesota �AGC). Appropriate AGC fringe benefit contribufions shall also be paid to the jointly trusted funds. Effective upon ratification of the contract. 1 • . The hourly rates for temporary Employees working in the classes listed below aze as shown: Bridge Maintenance Worker Water System Worker I Utility Worker I Parks Worker Sewer Services Worker Street Services Worker Effective 4/26/97 Effective 6/6/98 16.92* 16.92* 16.92* 16.92* 16.92* 16.92* 17.61* 17.61* 17.61 * 17.61* 17.61 * 17.61 * Effective April 1999 �s* *** a»* *** :*� *�* The hourly wage rates for temporary employees working in ciasses listed below shall be the same as the wage rates applicable to provisional, regulaz and probationary employees working in said classes as shown in Appendix A: Garden Laborer Gardener For temporary Employees working in the classes listed above the following fringe benefit contributions shall be made to the Minnesota Laborers' Fringe Benefit Fund: Health and Welfaze Pension Vacation** Training LECET Effective 4/26197 $2.54 $2.25 $1.30** $ .15 $ .06 Effective 6/6/98 $2.66 $230 $136** $ .17 $ .06 *This rate inciudes the tasable vacation contribution. *�This contribution is tasable. Effective April 1999 *** *** *** �:* **�x ***These rates were not available at the time of the contract being signed. : Appendiu B (Continued} 2. The hourly rates for temporary Empioyees working in the classes listed below aze as shown: Heavy Equipment Operator Revolving Power Equipment Operator r 1 LJ The hourly wage rates for temporary Employees in the classes listed below sha11 be the same as the wage rates applicable to provisional, regular and probarionary Employees working in said ciasses as shown in Appendix A. Tree Worker For temporary Employees working in the classes listed above the following fringe benefits shali be made to Funds designated by NOE, Loca149: Effective Effective Effective 4/26/97 6/6/98 ApriII999 19.14 19.82 20.54 19.41 20.09 20.81 Effective Effective 4/26/97 6/6/98 HeaIth and Welfaze Pension Training $ 3.10 $3.50 $ .15 $3.15 $3.60 $ .15 Effective April 1999 $3.15 $3.70 $ .15 The hourly wage rates for temporary EmpIoyees in the classes listed below shall be the same as the wage• rates applicable to provisional, regular and probationary Employees working in said classes as shown in Appendix A. *Driver Operator 4. Regulaz Employees who aze laid off and then called back in to work on a temporary basis shall receive the regular rate of pay as shown in Appendix A for such titles worked and shall continue to eam and accrue Ciry benefits for such hours worked. 5. For temporary Employees working in titles listed in this Appendix "B" whose length of service and eamings require that they be subject to Public Employees Refirement Association contributions, the rate of pay shall be the rate shown in this Appendix "B" for suck riUe divided by 1.0518. 6. If the union elects to have the fringe benefit contributions listed in this Appendix "B" increased or decreased, the Employer may adjust the applicable rates accordingly. C_ -B2- APPENDIX C �e following are special provisions for *Driver-Operator seniority: qS sa� All *Driver-Operators hired subsequent to July 1, 1970, except the six who were hired with the promotion rights from the Apri17, 1975 eligible list by departments other than Public Works, will be laid off at the end of December 1, 1978. Subsequent to December 1, 1978, the Public Works Departrnent shall hire from the layoff list all *Driver-Operators who will be needed throughout the City for the remainder of the yeaz. Subsequent to December 1, 1978, all reinstatements and new appointments will be made to the Public Works Department. Department or division promotion rules shall not apply to the classification of *Driver-Operator. Any *Driver-Operator taking an examination on a promotional basis for any othex title shall be considered a promotional candidate in the department in which he/she is working on the date of the examination regardless of the fact that such employee appears as *Driver-Operator on the Pubiic Works Department payroll. In the event that such employee is transferred to another department after the date of the examination, such employee shall be considered a promotional candidate in the deparhnent to which he/she is � transferred. No change in assignment shall be made prior to the date of the examination for the purpose of changing the department in which the employee qualifies as a promotionai candidate under this article. Employees appointed from the promotion list of the March 3, 1978, Truck Driver examination shall have *Driver-Operator seniority in the same order as the order in which their names appear on the promotional eligible list from which they were appointed. This does not apply to employees appointed from this list to the Board of Education. . - Cl- APPENDIX D � � l �� The following are generai policies regazding seniority for personnel permanently assigned to the Department of Public Works Street Maintenance and Sewer Maintenance Divisions and the Division of Parks and Recreation � the classifications of *Driver-Operator, Laborer, Street Services Worker, Heavy Equipment Operator, Sewer Services Worker, Groundsworker, Pazks Worker, Tree Trimmer II, Power C1am Operator and Tree Worker. These general policies will be followed when making job assignments to qualified employees. The productivity needs of the utilizing division may be considered when making job assignments. A. Department of Public Works Class seniority in the *Driver-Operator and Laborer titles shall take precedence over the Street Services Worker and Sewer Services Worker titles for all work assignments. This includes Heavy Equipment Operators who also hold the title of *Driver-Operator and who aze reduced to the title of *Driver-Operator. • � c. d. 2. Class seniority in the titles of'Driver-Operator and Street Services Worker shail be used to make temporary job assignments for Heavy Equipment Operator positions in the Street Maintenance Division. The Division shali identify the number ofprimary Driving Jobs needed each year by May 1, or after the full spring call back, whichever comes first. The primary Driving Jobs not assigned to *Driver Operators shall be bid using Class Seniority with empioyees holding the title Stteet Services Workers. The Street Service Workers selected shall be referred to as "Bid Drivers" and shall be assigned by seniority. #Driver Operators and "Bid Drivers" sha11 have their base pay increased by $.25 per hour. "Bid Drivers" will hold that designation and pay for one (1) yeaz until the next annual � bid is implemented. "Bid Drivers" will not be on Street Service Workers Overtime lists If laid off during ihe Winter lay off, "Bid Drivers" will be called in prior to Street Services Workers when there is a need for driving jobs. 4. Assignment to a shift eligible for shift differential premium pay shall be made based on class seniority. Senior employees in the affected class shall not be required to accept such assignment if there are employees in such class with less class seniority. Regulaz assignments to the night shift or weekend shiR shail be bid seasonally by seniority. Winter season bids shall be made between October 15th and November 15th each yeaz. Summer season bids shall be made after the full spring call back.The hours of each shift shall be defined on the bid sheet. Empioyees assigned a shift by seniority shall remain on that shift for the duration of the season, unless the shift is discontinued or mutually agreed to by the employee and the Department. The complaint assignments shail be exempt from these provisions and shall be at the discretion of the empioyer. . - D1 - Appendix D (Continved) A. Departmeni of Public Wori:s (Continaed) 6. Temporary vacancies on a shift shail be made by upgrading the senior eligible employee on the � shift, who holds the title for the assignment. Should additionat assignments become necessary, they shal] be made by classification seniority from a temporary vacancy list. An employee may add or remove his/her name from this vacancy list at any time. If a temporary vacancy cannot be filled from the vacancy list, the position w111 be fi2ted from the master senioriry list. B. Division of Parks and Recreation Class senioriry in the Crroundsworker and *Driver-Opemtor tit]es shall take precedence over the Parks Worker title in filling Groundsworker and *Driver-Operator positions respectively. In the event of a Iayoff in the title of Groundsworker or in the titte of Pazks Worker, for empIoyees who are certified to the title of Groundsworker and who are then certifted to the new titie of Parks Worker, their seniority in the tiUe of Groundsworker shall prevail. 2. Class senioriry in the Tree Trimmer II and Power Clam Operator titles shall take precedence over Tree Worker Utle for assignment to Tree Trimrner II or Power Clam Operator duties respectively. In the event of a layoff in the title of Tree Trimmer II or in the tifle of Tree Worker, employees who aze certified to the titIe of Tree Trimmer II and who aze then certified to the new titie of Tree Worker, their seniority in the title of Tree Trimmer II shall prevail. Assignment to a shi8 eIigible for shift differentiai premium pay sha11 be made based on ciass senioritv. Senior employees in the affected class shall not be required to accept such assignment. if there are employees in such class with less seniority. 4. a. The Pazks Division agrees to request a*Driver-Operator from the Ciry-wide *Driver- Operator seniority list to fiil behind a*Driver-Operator absent from his/her position in the Pazks Division in cases where the City has reason to believe that the absence will be for five (5} working days or longer. b. Both parties agree that the Employer is not required to follow the procedure in Item A above when the vacant position requires the handling of the "Snowmobile" or other pieces of equipment that requires special training andlar experience. c. The Union and Employer agree that in the event of a sepazation of employment of the current *Driver-Operators in the Parks Division, the decision to refill those affected positions and the decision of the appropriate ciass with which to refill the affecYed position subsequent to the sepazation of employment shall be made solely by the Employer. � -D2- Appendix D (Continued) B. Division of Parks and Recreation (Continued) • 5. Assignment to the N.S.P. CREW will be based on following: s� �� a. Vacancies in the Forestry NSP Crew will be filled by certified line cleazance tree trimmers who have satisfactory or higher performance ratings for at least the preceding yeaz and have no medical restrictions that lunit the employee's abiliry to perform the essential funcfions of the work required of the NSP crew. A pasirive drug(alcohol test wiil disqualify a crew member for a period of one yeaz from date of test. b. A list of Tree Workers interested in working on the NSP crew, who meet the minimum qualifications, will be solicited annually. The senior tree worker(s) on the sign-up list will be assigned to the NSP crew. If the selected Tree Worker turns down an opening, hislher name will be moved to the bottom of the list for future openings for the annual sign up period. c. NSP crew members will remain on the crew until they notify the supervisor they want a change, no longer meet the minimum qualifications; or are replaced by a more senior tree worker under the annual sign up procedure. C. Water Ufiiity The fol3owing procedutes will be used to determine the selection of personnel for overtime work • assignments. The selection of-personnel will vary somewhat due to varying circumstances. This policy shall apply to all bazgaining unit titles. JOB ASSIGNMENTS: 1. Job assignments for members of the Tri-Council at the Distribution Division of the Water Utility will be made using the fbllowing criteria: a. Short term (less than the full winter or summer cycle) assignments will be made at managements' discretion. � b. Full term (the entire normal winter or summer cycle) assignments will be made on the basis in a given title when openings occur on a particulaz crew. If there will be an opening for a fuli cycle on a crew, management will ask those employees working the same title as that opening if they are interested in the position. This will be recorded, and the most senior employee working in that tide interested in the }ob will be given the position, provided the empioyee is qualified. Should management have valid reasons not to appoint this candidate to the position, those reasons shall be given to the candidate in writing. If no one is interested in a position, the assignment will be made to the least senior Employee regularly working that title. C� -D3- Appendix D (Continued) JOB ASSIGNMENTS (Continued) c. Definitions for this section: • l. Seniority used shall be Class Seniority per I L1B. 2. "Normal" working cycles for the Utility are late November to late March (winter ) and late March to iate November (summer). 3. An "Opening" is defined as a vacancy on a crew expected to last at least one entire cycle. d. If a short Yerm assignment is made aud the time arrives to make assignments for the next cycle, management will review the assignment to determine whether it will be considered an"opening" or not. If it is considered an opening, Secrion B shall be followed. � � -D4- APPENDIX E The following aze general policies regarding the assignment of overtime. •A. Department of Public Works i. Sewer Maintenance Division i� �, s It is the policy of the Sewer Maintenance Division to assign overtime in a way wtuch is both fair to all employees and efficient for the adminisuation of this division. In order to implement this policy the following guidelines will be used by the supervisor in chazge of setting up crews to work overtime. a. An OVERTIME Ai\'D CALL OUT SCIiEDLTLE will be maintained. Names will be listed in order of seniority. This list will be updated periodically. When people aze called from this list, they will be called by title in order of seniority with the following exceptions: 1. A person who is on sick leave will not be cal3ed unless no one else is available. 2. A person who is on vacation will not be called unless all peopie on the list who worked that day are unavailable for overtime. In the case of overtime during the weekend, those people who worked on Friday will be called first. • People paid under a certain title during the workday will be called out for overtime under ihat title. If enough laborers or service workers cannot be found or if a jet operator is needed, then people who worked a different titie that day may be calied. 4. If a supervisor gets a cali during the workday on a job that may go into overtime, helshe wi11 assign the crew that is most available at that iime ta do ihe job. 5. If a crew is on the }ob and that job has to go into overtime, that crew will work the overtime. If this happens on a Friday and it will be necessary to work during the weekend, that same crew will be called first. The only exception will be for steaming during the weekend, in which case crews will be set up by seniority. � c. � 6. All persons on light duty will be moved to the bottom of the Overtime and Cail Out Schedule. It wil] be up to the supervisor who checks out the complaint to determine what equipment is needed and to cail out a crew to complete the job. Nothing in this policy will prevent a supervisor from deviating from this poticy when, in his/her judgment, an emergency e�sts or it is in the best interest of the division to do so. - El - Appendia E (Continued) 2. Street Maintenance Division a. Week-end and Holiday overtime wiil be assigned by seniority, from a posted sign-up list. This procedure wilI be used only when a11 H.E.O., #Driver/Operators, `Bid Drivers" assignees and Street Service Workers have been assigaed to work 40 hours. The assigned crew thaY starts a job shall continue on the job, when overtime is required to finish the job. If the job requires the week-end to furish, the original assigned crew wi11 be assigned to finish the job. b. *Driver Operators, Heavy Equipment Operators, Street Service Workers or "Bid Driver" assignees temporarily assigned for more than one week to other divisions (including for this purpose, the asphait p2ant) or to other departments, shall be moved to the bottom of the Street Maintenance Division seniority list for purposes of overtime for the duration of the assignment. c. The Dispatcher w�ill take up to two {2) phone numbers for each employee to be put on the seniority list. When work is available the Dispatcher wiil start ca[Iing from the top of the seniority list. Tf�e calls wiIl be made with no waiting between calls and first to answer wil] get the work. When a message is Ieft, available work will go to the first to respond. • d. If an employee is off a day for vacation, floating holiday, or comp time, he/she will be eligibie Yo be called for overtime work that starts after the conclusion of the regulaz work day. If an employee is off a day for sick leave, he/she will not be called for overtime work until the following day, If an employee is off sick on the last day of the regulaz work week, he/she may be called for overtime work, on his/her two regn2az days off, if he/she has called in to return to . work. If that employee, is then off sick on the first day of his/her work week he/she will need a doctor's certificate to be paid for that day. B. Division of Parks and Recreation Parks Maintenance Section Overtime assignment witltin the Parks Departtnent wili be made within crews by classification seniority to employees qualified to do the work. Disputes arising from these assignments �ay be appealed up to and including Step (3) of the grievance pmcedure of this Agreement. a When overtime is reqnired and a crew does not have enough employees to cover tiie event, the supervisor wili fill the crew first using crew seniority involving employees under his/her budget authority and then wiIi have the option to choose the crew he/she deems most appropriate. b. For the purpose of this section an employee assigned to a buiIding or faciliiy alone will be deemed a crew of one. - -E2- Appendix E (Continued} 2. Forestry Section 4�� i A sign up list will be circulated prior to each weekend during the storm season. employees that will be available for emergency call out work during that weekend wi11 so indicate on the sign up sheet. Attempts will be made to call out employees in the order of their seniority, however, condit3ons may prevail that prevent this in order to provide for a response to an emergency situation. If a crew is on storm damage clean up during normal working hours, that crew may continue after the eight hour work day has ceased until the Supervisor dismisses the crew. C. Water Utility The following procedures will be used to determine the selection of personnel for overtime work assignments. The seleciion of-personnel will vary somewhat due to varying circumstances. This policy shall apply to all bazgaining unit titles. DEFINITIONS: Standard Overtime List: Weekly on-call overtime list Stand-by Overtime List: List used if the Employer can not get anyone from the standard list to report. �� OVERTIME LIST ELIGIBILITY: i. There shall be a standazd overtime list and a stand-by overtime list with the night shift and day shifts having sepazate standard overtime lists. 2. A person holding more than one title shall use his/her normal working title for the standazd overtime list and any other titles on the stand-by overtime lists. 3. A person not volunteering for the standard overtime list with hislher normal working title, may be on the stand-by list. 4. If a person is off a day for vacation, floating holiday or compensatory tune, he/she will, be eligible to be catled for overtime work that starts after the conclusion of their regulaz work day. If an employee is off a day for sick leave, helshe will not be called for overtime work untii the following day. If an employee is off sick on the last day of the regulaz work week, he/she may be called for overtime work on his/her two regu2az days off if he/she has called in to retum to work. If that employee, is then off sick on the first day of hisfher work week, helshewill need a doctor's certificate to be paid for that day. � 5. Personnel assigned to the night shift will not be on the standazd overtime list for days but may be on the stand-by overtime list. - E3 - Appendis E (Continued) QVERTIME LIST ELIGIBILITY (Continued) � 6. An overtime assignment calI-out sheet shalI be used for both day and shift overtime call outs to verify proper use of the procedures. Anyone urtentionally misusing the overtime policy shall be subject to discipline. OVERTIME LIST SELECTION PROCEDURES — DAY CREWS A person does not have to be on the votuntary siandard over[ime list, however, if a person is on the list they will be required to work when called. Catling out for overcune shall be done in a cautious and courteous manner. When calling on the phone, the caller shouId identify themseIves and state the reason why the call is being made. Overtime is important to ail and should be treated as such. The foreman should be calIed first as he has to obtain utilities. If there is any question as to the need to work on, overtime the circumstances should be discnssed with the foreman before the decision is made to call a crew. An additional 30 minutes to call the rest of the crew should be no problem. Only the Foreman, or Control Desk Worker may acivatly do the calling -- it shoutd not be delegated any further. The form shalt be completety and accurately filled in and signed by the caller. Two attempts to a m�imum of two (2) numbers, shall be made to call each person to assure that wTOng numbers, busy signals and no answers are double-checked. It is suggested that others be called while giving 10 minutes between first and second attempts. A quick response is expected to the overtime offer, so that a crew can be constructed and work will not be � delayed. During the normal work day, it is understood thaY in some cases, up to an hour may be necessary to contact, family, etc., before the decision to work can be made. However, after 3:00 PM, it is necessary to get an answer within 15 minutes so as not to delay the job as people aze leaving for the day. The individuat w�ho is "up" that week should know in advance whether or not he/she can work overtime. The foreman will, to the extent feasible, allow employees the opportuniry to make a quick phone call if necessary. The standazd overtime list wiil be used for cailing out peopie for overtime. �f the person who is up that week cannot work, the other people shaIl be cailed by rotating through the standard overtime IisY and if no one is availab]e then the stand-by overtime list will be used, except if cailing for a WtJWII or WUWI --then the night overtime list will be used, then the day stand-by list. Temgs will be used as a last resort. 2. Rules for Standb}� Overtime: Water System Worker II. After e�chausting the WS W II overtime list, proceed in the foltowing sequence: a. Go to the WSW I Standazd Overtime List. b. Go to the Rotating WSW II/WSW I Standby Overtime List. Water System Worker I. After exhausting the WSW I overtime list, proceed in the foliowing sequence: a. Go to the WSW II Standard Ovartime List. b. Go to the Rotating WSW II/WSW I Standby Overtime. - -E4- Appendix E (Continued) i. . + �� OVERTIME LIST SELECTION PROCEDURES -- DAY CREWS (Continued) • 3. Personnei wili be selected from the overtime list for emergency jobs that come in after normal worl:ing hours (main breaks, etc.) or for planned overtime }obs where no crew has previously worked on the project during normal working hours. 4. If a crew cannot complete a job in normal working hours and the decision is made to continue the job into overtime, all crew members are expected to work the overtime. If prior commitmenfs prohibit crew members from working the overtime, they may be replaced; according to #1 above however, they aze to stay on the job until their replacement arrives so as not to delay job completion. If the job will go beyond 2 hours of overtime, any HEO's not on the standazd overtime list shall be replaced at 4:00 p.m. If the job, inciuding the sireet repair crew, will go beyond 4:00 p.m., the Truck Driver (if it is not his week) shall be replaced. Those not holding the proper supervisor title shall be replaced. If possible, the Dispatcher sha11 switch drivers on jobs between 2:00 p.m. and 4:00 p.m. to allow the driver who is up to be on the overtime job. If this is not possible, the replacement driver shall begin at 4:00 p.m. with a different truck. The daytime driver shall be released when the truck is empty (i.e. if the truck is being filled the driver shal] be released after emptying at the landfill and if hauling fill to the job the driver shall be released when the fill has been dumped.) If more than one truck is needed for overtime, the overtime list shall be followed as per the above procedures. Other replacement workers will be permitted only in emergencies. � If there are multiple overtime jobs on a normal working day, the truck driver who is on hislher scheduled overtime week shaIl be switched to the job anticipated to last the longest. This shali be done when the job helshe is presently working has been completed, or at some practical point. If a crew is working on a project and the decision is made that work will have to be scheduled during overtime hours (due to shutoff complications, etc.} the crew that is on the job at that time will also work the overtime, except for the Truck Drivers, HEO's and any employee working out-of-title. They will be called off the standard overtime list. If any other members of ihe crew cannot work the overtime, the vacancy wi11 be fiiled from the overtime list. 6. If a job comes in after 2:00 and will result in overtime, it shall be at the discretion of the Superintendent or Assistant Superintendent if #3 or #4 will apply. Anyone working overtime through the night will not be allowed to work overtime the foilowing night. Temporary workers may not work more than one hour of unscheduled overtime unless no one else is available after following the overtime selection procedures defined in section 1 and 2. If a temporary worker is on a job and needs to be replaced because the job is going to last more than an hour, replacement workers will be cailed out according to sections 1&2. -ES- Appendix E {Continued) OVERTIME LIST SELECTION PROCEDURES - IIIGHT CREWS Night crews shail schedute vacation so only one emptoyee is off at a time. If a person is missing on the evening shifi and a Iazge amount of work is carried forwazd from the day shift into the evening, a day shift UWII may be kept to help cleaz up the backlog or a replacement cailed in at management's opuon (generally, this wiil depend on whether or not there aze more than 2 hours of work). The single swing shift IJWII may or may not be replaced depending on workload. Again, when and how this replacement is made will be at the option of management as above. If hvo crew members are missing from a shift, one replacement shalI be called as following from the night shift overtime list: 1} Ifthe CDW and the UWIUCDW are offthe CDW is called. 2) If the CDR� and UVJII are off, the UWIUCDW works the desk an@ a UWII is calted. 3) If the UWII/CDW and the UWII aze off, a LTWII is called. During the period from November 15th to Mazch ISth, it may be necessary to replace both employees (all three if all are off) depending on workioad on the late and weekend shifts. It is managemenYs intention to maintain a three person crew during this period. This three person crew includes the evening shift Monday through Friday UWI, and late shift UW7 if so used. � If no one can be found to come in from the standazd night overtime list, a replacement shaIl be sought from the � day standazd overtime list, before going to the night standby list. The night crew overtime list shalI rotate as used. DISTRIBUTION DIVISION OVERTIME POLICY: The foIlow•ing procedures will be used to determine the selection of personnel for overtime work assignments. "F�e selection of personnel will vary somewhat due to circumstances, This policy shail appty to ali tities. New lists will be established in, March, July, and November of each yeaz in order by senioriry and rotated by four months. OVERTIME POLTCY FOR THE THAWING RIGS: In the event it is necessary to work overtime to thaw frozen services, the following policy will apply: t) The crew will consisY ofone Water 5ervice Supervisor (WSS), one Heavy Equipment Operator (HEO}, one Utility Worker II(LTWII), and one Uriliry Worker I(UWI). 2� If it is necessary to continue working the rig after working a reguIaz work day, the crew wiil be called off the thawing overtime list. 3) 4} For the case of starting a crew during overtime hours, the entire crew wi11 be called off the list. For either case, fhe usual rules about maximum number of hours worked consecutively will apply. � -E6- Appendix E (Continued) OVERTIME POLICY FOR THE THAWING RIGS (Continued) i, � i; • 5) The "list" will consist of ali those day employees holding the above titles who are interested in working. This list will be developed each November and will be listed in order of seniority in that title. The list will "rotate", i.e., an employee's name will be moved to the bottom of the list after working or being given an opporiunity to work. If no UWII from days is able to work, a UR�Il will be called offthe night list. OVERTIME POLICY FOR WATER DEPARTMENT SNOW PLOWING: A list of those HEO's interested in plowing snow on overtime will be developed in order of seniority by November of each yeaz. The list will rotate; each HEO will be moved to the bottom of the list after working or being given an opportunity to work. VADNAIS STATIOIrTIHIGHLAND OVERTIME POLICY: Water Utility Worker IlGrounds worker The following procedures shall be used to determine the selection of personnel for overtime work assignments. � MiVOTE: Al1 overtime will be approved by the Watershed Supervisor II. The Watershed Supervisor II wi11 ca11 personnel for overtime, Personnel will be called in for overtime based on seniority defined as combined continuous experience as a Water Utility Worker I or Grounds worker at Vadnais/I-iighland. There aze exceptionslclarifications to this rule as outlined below: (1) �2) (3) a. I�4any of the duties of the Water Utiliry Worker I's and Groundsworkers are similaz. The Grounds worker will not be called in when the overtime task involves duties exclusive to the. Water Utility Worker I title such as reservoir cleaning, conduit work and sludge field pipe work. b. Monday through Thursday: If an empioyee takes time off on a Friday or the day before a hoIiday and they make it known to the Watershed Supervisor II that they are available for overtime, they will be eligible for overtime. c. Friday or the day before a holiday: If an employee takes time off on a Friday or the day before a holiday and they make it known to the Watershed Supervisor II that they aze available for overtime, they wiil be eligibie for overtime. d. When a crew is on a job that goes into overtime, that crew will continue the job until it is suspended forthe day. Management reserves the right to operate differently from the above Water Utilitiy policies when it is deemed necessary. Every effort wiil be made to follow the above golicies. E7 MEMORANDUM OF UNDERSTANDING CIg- J c�$ - BETWEEh` THE CTTY OF SAINT PAUL AI��D THE TRI-COUI�'CIL • LOCAL 120 - LOCAL A9 - LOCAL 132 Parks LMC on Seniority The City of Saint Pau] and The Tri-Council Local 120, Local 49 and Locai l32 agree to the follow�ing: The Ciry and Tri-Council recognize that each party has specific concems in assuring that night and weekend }ob assignments be conducted equitably by Management, as long as productivity and the efficiency of operations are not adversely affected in any way. Moreover, each Department and its respective work force have unique ideas and concems. Therefore, the C'rry and Tri-Council agree that good faith considerations of these issues will occur in a Division ofParks and Recreation labor-management cooperafive committee. The committee will set a specific time period for discussing this issue, beginning no later than September 1, 1998. The committee wili adhere to the guidelines relating to structure and procedure as established by the Minnesota Bureau of Mediation Services. If no such committee • cunently exists in the department, one will be established for this specific purpose. Any joint recommendation(s) amending the ]abor agreement or a practice will be submitted to the Director of Labor Relations and the Exclusive Representative for their approval. The foliowing ground rules shall apply unless committee members agree otherwise by consensus. i. Union designated representatives, including Business Agents: two from Local 120, hvo from Local 49 and three from Local 132 . 2. Will meet a minimum of every six (6) weeks for up to eight (8) months, unless they reach resolution eazlier. 3. For discussions of seniority, the only Union members will be representatives of Tri- Council. 4. On city Time. . Parks LMC on Seniority This Memarandum o£Understanding shall not be used in any way as a binding precedent on either of the parties. WITNESSES: FOR THE CITY THE TRI-COUNCIL LOCAL 120 - LOCAL 49 - LOCAL 132 Mary . Kearney ' Director of Labor Relations DATE: ��GSS � � _ ��!G�, � Brad Slawson Business Rep., Local 120 DATE: C� — �- �cs Gerald Dietrich Business Manager, Local 132 � Business Representative, Local 132 DATE: � ��_� / `/l � / I i " � i � � • � � � � R/Q�+�- CIUG'�"'" - Dave Erickson Business Representa$ve, Loca149 DATE: ( � � • . � � MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAINT PAUL AND THE TRI-COi3NCIL LOCAL 120 - LOCAL 49 - LOCAL 132 �� . s Water IItiIity LMC on Sick Leave Use CJ The City of Saint Pau] and The Tri-Council Locai 120, Loca149 and Local 132 agree to the following: The City and Tri-Council recognize that each party has specific concems regarding the use of sick leave in the Water Utility. The Utility and its work force have unique ideas and concems that can be used to investigate and make recommendations regarding sick leave use. Therefore, the Cin� and Tri-Council a$ree that good faith considerations of this issue wiil occur in a Water Utilin� labor-management cooperative committee. The committee will set a specific time period for discussing this issue, beginning no later than December 31, 1998. The committee wil] adhere to the guidelines relating to structure and procedure as established by the Minnesota Bureau of Mediation Services. lf no such committee currentiy exists in the department, one will be established for this specific purpose. An}� joint recommendation(s} amending the labor agreement or a practice will be submitted to the Director of Labor Relations and the Exclusive Representative for their approval. The follow�ing ground rules shall apply unless committee members agree otherwise by consensus. 1. Union designated representatives, including Business Agents: two from L,ocal 120, two from Local 49 and three from Local 132 . 2. Other Unions representing employees at the i3tility will participate in the committee. 3. Will meet a minimum of every six (6) weeks for up to eight (8} months, unless they reach resoJution eazlier or unless continuing to meet will not be productive. 4. Resolution of issues will be by consensus. 5. On city Time. / Water Utility LMC on Sick Leave Use This Memorandwn of Understanding shaIl not be used in any way as a binding precedent on either of the parties. WITNESSES: FOR THE CITY �- �� Mary . Kearney ! Direccor of Labor Relations DATE: `��(1"c� THE TRI-CdUNCIL LOCAL 120 - LOCAL 49 - LOCAL 132 �� .f--�.� Brad SIawson Business Rep., Locai 120 DATE: �a-S—�1{'' �� Gerald Dietrich Business Manager, Local 132 �a�: �' S- 9�, Business Representative, Local 132 L� �iWe 4su.r.KA*��`- Dave Erickson Business Rep., Loca149 DATE: 6 �.f�R � ..��`�.�__., Business Manager, Loca149 DA�: ��sl� � n U CJ � � C �' � MEMORANDUM OF Ul\'DERSTANDING BE'TWEEN THE CITY OF SAI:tT PAITL Ah'D THE TRI-COUNCIL LOCAL 120 - LOCAL 49 - LOCAL l32 gg- �b� R'ater UtiIity Uniform LMC • The City of Saint Paul and The Tri-Council Loca3 120, Local 49 and Local 132 agree to the fotlowing: The City and Tri-Counci] recognize that each party has specific concerns regarding the selection of a uniform and development of a Uniform clothing policy far the Water Utiliry. Therefore. the City and Tri-Council agree that good faith considerations of this issue wiil occur in a�'ater Utility labor-management cooperative committee. The committee wi11 set a specific time period for discussing this issue, beginning no later than August 1, 1998. The committee will adhere to the guidelines relating to sWcture and procedure as established by the Minnesota Bureau of Mediation Serviees. If no such committee currently exists in the department, one will be established for this specific pwpose. An�� joint recommendation(s) amending the labor agreement or a practice will be submitted to the Director of Labor Relations and the Exciusive Representative for their approval. The foliowing ground rules shail apply uniess committee members agree othenvise by consensus. 1. Union designated representatives, including Business Agents: two from Loca1120, two from Loca] 49 and three from Local 132 . 2. V�'ill meet a minimum of every six (6} weeks for up to eight (8) months, unless they reach resolution earlier. 3. Resolution of issues wiil be by consensus. 4. On city Time. � Water Utility Uniform LMC This Memorandum of Understanding shall not be used in any way as a binding precedent on either of the parties. WIINESSES: FOR THE CTTY TFIE TRI-COUNCIL LOCAL 120 - LOCAL 49 - LOCAL 132 M �l e �� Director of Labor Relations DATE: 2�/�l4'� /�� ,��.- Brad Slawson Business Rep., Loca1120 DATE: � --� �ar' �� _`� Crerald Dietrich Business Manager, Local 132 DATE: � — ,�'- 9 � Business Representative, Loca1 132 l�7� �� Dave Erickson Business Rep., Local 49 DA�: �/SI�� Business Manager, Loca149 DATE: �?� t J�� • � _ r` 98 J 5a� MEMORANDUM OF UNDERSTANDING • BETWEEN THE CITY OF SAINT PAUL AND 'I'HE TRI-COUNCIL LOCAL 120 - LOCAL 49 - LOCAL 132 Selection for Training in the Streets Division • The City of Saint Paul and The Tri-Council Local 120, Local 49 and Local 132 agree to the foliowing: The City and Tri-Council recognize that each parry has specific concerns regazding the selection or deniai of an employee for a training opportunity. Therefore, the City and Tri-Council agree that upon the receipt of a written request from an employee who feels helshe was denied a training opportuniry, the Street Division will provide a written expianation of the reasons that went into the selection for the training. This Memorandum of Understanding shall not be used in any way as a binding precedent on either of the parties. WITNESSES: FOR THE CITY Mary �earney Director of Labor Relations DATE: �L la THE TRI-COUNCIL LOCAL 120 - LOCAL 44 - OCAL 132 Brad $lawson � � �� Business Rep., Local 120 DATE: � -S. �$ �..�.��_ Gerald Dietrich Business Manager, Local 132 DATE: � —.� — P� Business Representative, Local 132 DATE: �� Dave Erickson Business Repres�ntative, Local 49 r Appendix A (Continued) .� 4-26-97 12-6-97 6-6-98 10-24-98 Apri199 June 99 Nov 99 2.0% 0.5% 2.0% 0.3% 0.2% 5/1/99 2.0% 0.5% 'Tractor 16.47 16.55 16.88 16.93 16.96 1725 17.60 17.69 Operator I *This title is abolished except as to present incumbenu. GROUP C 4-26-97 12-6-97 6-6-98 2.0% 0.5% 2.0% Asphalt Plant Operator 19.56 19.66 20.05 Heavy Equip. Operator 19.56 19.66 20.�5 Heary Equip Oper/Asphalt 19.56 19.66 20.05 ] 0-24-98 Apri199 0.3% 0.2% 20.11 20.15 20.11 20.15 20.11 20. Plant Heary Equip. Oper/Water 19.56 19.66 20.05 20.11 20.15 Uti{ity )et Sewer Cleaner Oper 19.10 19.20 Paving Breaker(Hydra 19.56 19.66 Harnmer/Tamper) 'Power Clam Operator 19.56 19.66 RevolvingPowerEquip 79.82 79.92 Operator * This title abolished except as to present incumbents. June 99 Nov 99 2.0% 0.5% 20.55 20.65 20,55 20.65 20.55 20.65 20.55 � 20.65 19.58 � 19.6�/ ' 19.68 20.15 I 20.55 I 20.65 20.05 � 2g:11 � 20.15 2032 20.73 20.83 20.05 20.11 20.3 20.38 GROUP D 2Q.15 20.55 2Q.65 20.42. 22.67 23.12 23.24 4-26-97 12-6-97 6-6-98 10-24-98 April 99 June 99 Nov 99 2.0% Q.5°fo 5(1(98 2.0% 0.3°lo I(1/99 03% 2.0% 0.5% *AriverOperator 16.49 16. 16.82 17.16 17.21 17.25 17.28 17.63 ]7.72 •This title aboiished except as to p sent incumbents. GROUP E 4-26-97 12-6-97 6-6-98 10-24-98 ApriI99 June 99 Nov 99 2.0% 0.5% 2.0% 0.3% 0.2% 2.0% 0.5% Forestry Crew Lea er 1937 19.47 19.86 19.92 19.96 20.36 20.46 Tree Worker 17.62 17.71 18.06 I8.] 1 18.15 ]8.51 18.60 �18�5 �� Appendix A (Continued) The Ciry agrees that if a classification study of the Bridge Maintenance Worker or Bridge Crew Leader title results in a proposed increase, the City will implement such increase retroactive to the date of the completed job profile. PREMIUMS A. Employees required to work eight (8} feet or lower beneath ground shall receive three percent (3%) per hour above the regular base hourly rate for each hour or any part thereof worked in such an assignment. This provision shali not apply to employees working under the tifles of Water System Worker I or Water System Worker II. Effective May l, 1999, this premium shall increase to 3.5%. B. A premium pay of fifry-cents ($.50) per hour shall be paid for all swing stage work, such as work performed from a boatswain's chair or a swing scaffold or hazardous work that requires the use of a safety belt fifty (50) feet or more above the ground. All standard safety laws shail be complied with. C. Tree Workers assigned to the crew performing tree trimming duties in assisting Northem States Power Company shall receive $.50 per hour above the regulaz base rate or any part thereof worked in such an assignment. Effective May 5, 1998 this premium shall be four percent (4%) per hour above the regulaz base hourly rate of a Tree Worker for each hour or any part thereof worked in such an assignment. D. Employees assigned the duties of Oiler Operator shail receive $.75 per hour above the regulaz base rate for each honr or any part thereof worked in such an assignment. E. Street Services Workers, Pazks Worker or Water Utility Workers I assigned to perform duYies of an *Asphalt Raker shall receive $.45 per hour above the regulaz base rate for each how or any part thereof worked in such assignment. F. Street Services Workers or Water Utility Workers I assigned to perform duties of an*Tacman/Tamper shall receive $.50 per hour above the regulaz base rate for each hour or any part thereof worked in such assignment. An additional $.20 per hour shall be paid for assignment to the duties of *Tacman/Tamper. This is in lieu of any clothing aIlowance and shall be paid only for hours worked performing such duties. G. Any Parks WorkerJ*Grounds Worker assigned to operate a 580-D or a rotary grass cutting machine kaving a cutting width of over 15 feet skatl receive $.45 per hour above the regular base rate for each hour or any part over one fourth hour actually worked in such an assignment. The regular operators of the 580-D equipment from previous seasons will be considered first for these assigruaents. For new openings, the Division will post the opening and take the senior qualified candidate. However the Division does not waive its rights to assign premium pay positions to less senior employees if it deems it necessary. This premium does not include reel mowers or 7-gang mowers. H. Pazks Workers or Grounds Workers assigned to an abatement crew on a summary abatement deemed to be hazardous by the Health Department Inspector and PED summary abatement supervisor and requiring the use of special protective cIothing shafl receive $.60 per hour above the regulaz base rate for each hour or any part thereof worked in this assignment. Effective January 1, 1999 upon completion of training. � -A4- Council File # 9� o��a� Presented Referred To RESOLUTION OF SAINT PAUL, MINNESOTA Committee Date 27 1 RESOLVED, that the Council of the Ciry of Saint Paul hereby approves and ratifies the attached 2 Collecfive Bargaining Ao eement and Memorandums of Understanding between the City of Saint Paul and 3 the Tri-Council Local 120, Loca144 and Local 132. Requested by Department oE Office of Labor Relations B �.. � l�-� i Form By: Attorney for ��siodto Council � � Green Sheet # 62403 �' Approved by Iylayor: Date ,;_�� ( � `'� (� , By: : � -�� - _� � ` � ��„ _�-�,.�,�. Adopted by Council: Date �, � Adoptio,a�Certified by Council Se etary DEPARTMEA'T/OFFICE/COUNCIL: LABOR RELATIONS COATACT PERSO� & PHONE: 3[TLIE KRAUS 266-6513 MUSC BE ON COL^�CIL AGE\DA ��=.N � \r1,\°1`1� TOTAL k OF SIGNATi7RE Q�-sog D"'� IN"�'TED GREEN SHEET No.: 62403 6-8-98 � mtriai.m�re inrnncmnre ASSIGN I DEPARTh4.T'T DIR. 4 CIIYCOUNCIL � N'ISMBER 2 CTT'Y ATTORTJEY CSTY CLERIk � FOR BUDGET DIR FIN. & MGT. SERVICE DIR. i ROUTIAG 3 T4AYOR (OR ASST.) _____ i @ATE) C oNs ALL LOCATIONS FOR SIGNATURE) ncno� �QUesrEn: This.resolution approves the attached Coliective Bargaining Agreement and Memorandums of Understanding between the City of Saint Paul and the Tri-Council Local 120, Local 49 and Local 132. RECOMMENDATTONS: Approve (A) or Reject (R) _PLANNING COMMISSION ^ CIVIL SERVICE COMMISSION _CIB COMMITTEE STAFF DISTRICT CAllRT SOYPORTS W}llCH COUNCIL OS3ECTSVE? FERSONAL SERVICE CONTRACS'S MUST ANSWER THE FOLLOWING QUESTIONS: • I. Has this personlfirm ever worked under a conVact for ihis departrnent? Yes No 2. Has this personlfinn ever been a city employee? Yes No — 3. Does this persontfi�m possess a skill not normally possessed by any cuaent city Yes No Ezplain all yes answers on separate sAee[ and attach to green sheet fiR1A77NC PROBLEM, ISSUE, OPPORTONITY (Who, W6at, �i'hen, Where, Why): ADVANTAGESIFAPPROVED� An Agreement in place through Apri130, 1999. DISADVANTAGESIFAPPROVED: DISADVANTAGES IF NOT APPROVED: TOTAL AMOi7I�T OF TRANSACTION: FUNDING SOilRCE: �c,_..�.; e.�. a=a.:.- � . . .. ��..:. .,. . . ��x� � � �� COSTlREVENUE BUDGETED: ACTIVITY NUMBER: FINANCLIL INFORMATION: (EXPLAIN) OFE[CE OF LABOR RELATIONS Q 7� YS O 6 Mary K Keamey, Director ti V Interdepartmental Memorand� CITY OF SAINT PAUL LABOR RF,LATlONS 400 City Ha11 Annex u west Fo,nzh szreet Saint Pau[, Mutnesota 55702-7631 Telephone: 612 2666495 Facsimi[e: 672 292-7656 TO: Joe Reid Kim LaBathe Teddi Hayes Ron Guilfoile �,i2Gancy Anderson-Council Research �� F��$' SQ$} FROM: DATE: � Julie Kraus Labor Relations June 23, 1998 Replacing page in TriCouncil Contract It was brought to my attention that page 24 of the TriCouncil Contract needed a correction. In Article 24.2 the effective date is thru April, 2000 not April 1997. Please replace the attached page in your contract. If you have any questions please call me at 266-6513. l� cc: Dave Erickson Gerry Dietrich Brad Slawson File ARTICLE 23 - DE�ERRED COMPENSATION ��` Sts�' 23.1 Begiiuiing January l, 1999, employees who have completed ten (10) through nineteen (19) years of service with the City of Saint Paul and who meet the eligibility requirements listed below shali be eligible for $7.66 bi-weekiy ($200.0� per year) for Defesed Compensation paid by the Employer on a dollaz for dollaz match. Yeazs of service shall be determined by date of hire. 23.2 Beginniug 3anuary 1, 1999, employees who have completed riventy (20} years of service with the City of Saint Paul and who meet the eligibility requirements listed below shall be eligible for $15.33 bi-weekly ($400.00 per year) for Defened Compensation paid by the Employer on a dollar for dollar match. Yeazs of service shall be determined by date of hire. 233 Eligibility Requirements: A. Eligibility will be determined in September of each year. B. Employees cannot have been on lay off in the previous 12 months. C. Eligibie empioyees who experience a lay off must requalify through a and b above. ARTICLE 24 - TERMS OF AGREEMENT 24.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of empioyment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. Any and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the extenY they are inconsistent with this Agreement are hereby superseded. In thase areas where Civil Service Rules are not inconsistent with this Agreement, the Civil Service Rules shall continue to be in effect. 24.2 Except as herein provided this Agreement shall be effective as of the date it is executed by the parties and shall continue in full force and effect thru Apri130, 2000, and thereafter untii modified or amended by mutual agreement of the parties. Either party desiring to amend ot modify this Agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. S4L'! ARTICLE 23 - DEFERRED COMPENSATION a� -S�8` 23.1 Beginning January 1, 1944, empioyees who have completed ten (10) through nineteen (19) years of service with the City of Saint Paul and who meet the eligibility requirements listed below shall be eligible for $7.66 bi-weekly ($200.00 per yeaz) for Deferred Compensation paid by the Employer on a dollar for dollaz match. Years of service shall be determined by date of hire. 23.2 Begimiing 3anuary 1, 1999, employees who have completed twenty (20} yeazs of service with the City of Saint Paui and who meet the eligibility requirements listed below sha11 be eligible for $15.33 bi-weekly ($400.00 per year) for Deferred Compensation paid by the Employer on a dollar for dollaz match. Yeazs of service sha11 be determined by date of hire. 233 Eligibility Requirements: A. Eligibility will be determined in September of each yeaz. B. Employees cannot have been on lay off in the previous 12 months. C. Eligible employees who experience a lay off must requalify through a and b above. •�I, _il Y [� � ► � �l��i�.Y��_L�i;G 1 24.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject conceming the terms and conditions of empioyment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. Any and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this Agreement are hereby superseded. In those areas where Civil Service Rules are not inconsistent with this Agreement, the Civil Service Rules shall continue to be in effect. 24.2 Except as herein provided this Agreement shall be effective as of the date it is executed by the parties and shall continue in full force and effect thru Apri130, 2000, 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 1971. �►�� t8' - so � MEMORADUM OF UIVDERSTANDING BETWEEN THE CITY OF SAINT PAUL AND THE TRI-COUNCIL LOCAL 12� - LOCAL 49 - LOCAL 132 *Driver-Operator Wage Rates �-�- •�.�.�r.�.w.�.�� - `�,• \ The City of Saint Paul and the Tri-Council Loca1120, Loca149 and Local 132 agree to the following: The rates listed for *Driver Operator in Appendix A, page A3, Group D, are incorrect. The rates should be the same as those for Streets Services Workers in Appendix A, page Al, Group A.. The $.25 Driver Operator/Bid Driver's premium was inadvertently included in the Group D salary schedule. The $.25 for Driver OperatorsBid Drivers is handled in the Premium section, page A5, subdivision " J". Attached is the appropriate correction to Group D and with an added note to the Contract under Group D(page A3) for clarification. WITNESSES: FOR THE CITY Mary earney {- Director of Labor Relations DATE: 7 - �- S � THE TRI-COUNCIL LOCAL 120 - LOCAL 44 - LOCAL 132 C � Brad awson Business Rep., Local 120 DATE:� F:�I,ASREUCONTRACIITRICNC L\ 1997_98�IOU6. W PD 98' :So�Y June 10, 1998 CTTY OR SAINT PAUL and Tri-Council, Loca1120, Loca149, Loca1132 1997,1998 and 1999 Collecfive Bargaining Agreement Summary of Changes: WAGES: Year i:x Year 2: Year 3: 05/OU97 2.0% 06/01198 2.0% 06101/94 2.0% 12/01/9? 0.5°l0 11t01/98 0.3% 11/O1f99 .0 5% 2.5% 4!0 30f9g 0.2% 2.5% 2.5% current employees and those who have left the unit in good standing. Temporary employees will be paid 90°l0 of the AGC rate plus fringe benefits. Effective upon ratification of the contract. PAY ADJUSTMENTS: The following titles will be increased: 1. Add $0.25 to the base rate for Driver Operators and Bid Drivers. Effective OSl01l98. 2. Bridge Worker +$0.30, Bridge Crew Leader +$p30 to their base rates. Effective 01101/48. 3. Jet Rodder pay increased +$0.45 to $19.18. Effective O5J01/99. 4. Revolving Shovel, eliminate $0.25 premium and 40 minute OT. Increase base hourly rate +$z.14 to $21.57. Effective 05/Ol/99. 5. Paving Breaker i Pneumatic Tamper increased +$0.15 to $19.33. Effective OS/OU99. 6. *Tractor Operator I increased +$027 to $16.42. Effective OSf01/94. 7. Water Utility Worker II increased +$031 to $16.67. Effective 05J01f99. 8. Increase base rate on listed titles in these divisions in exchange for eliminating premiums. Bridges: +$0.09 Bridge Crew I.eader Bridge Maintenance Worker Parks: +$0 04 Grounds Crew Leader *Groundsworker Parks Worker Sewers: +$0.04 Sewer Crew Leader *Sewer Maintenance L.aborer Sewer Services Worker Effecrive 7anuary l, i999_ Streets: +$0.04 *Driver-Operator (Streets, Parks, Water) Labor Crew Leader *Public Works I.aborer Stores Laborer Street Services Worker *Unskiiled Laborer Water Utility: +$O.Q4 *Groundsworker-Wtr Uty Water Utility Worker I Water Utility Workez II Water System Worker I Water System Worker II Water Service Worker-Control Desk Note: #3-#? will be adjusted upwards to reflect salary increases from 1996 rates. �8'-.50� PREMIUMS: 1. Eliminate 8 obsolete premiums from contract. a). *Air Compressor Operator b). *Bituminous Curb Machine Opezator c). *Kettle Fireman d). *Mixer Engineer e}, *Roller Engineer (under 6 tons} fl. *5ewer Maintenance I.aborer g). *TzacTOr Operawr I h). *Vibrator Operator 2. Eliminate Tree Spade & Stump Chipper premiums (supposed to be deleted last time). 3. Eliminate premiums in exchange for increasing base rate on titles listed above. a). Asphalt Shoveler e). Iack Hammer b). Chipping Hammer fl. Mortar Mixer c). Chipping Machine g). Tender for a Bricklayer d). Chain Saw Effective January 1, 1999. 4. Retain the following premiums; a). Swing work 50 ft d). Oiler operator b). Asphalt Raker e). 580 D formerly known as 50 HP power takeoff. c). Tacman/Tamper Retain & increase premiums a). NSP premium increased from $0.50 per hour to 4% of the regular hourly rate. Effective OSlOI f98 b}. Tandem Truck: Maintain at $.25 for Non-bid Street Services Workers and add Parks Workers. Delete Driver Operators and non-bid Street Services Workers. Effective OS/01/98. c). 8 ft below ground premium increased to 3.5% of the regular hourly rate. Effective 05101198 d). Abatement Crew Premium: Pazks Workets or Grounds Workers assigned to an abatement crew on a summary abatement deemed to be hazardous by the Health Department Inspector and PED summary abatement supervisor and requiring the use oF speciai protective clothing shall receive $.6Q per hour above their regular base rate for each hour or any part thereof worked in this alignment. Effective 3anuary 1, 1949 upon completion oftraining. HEALTH IN5URANCE: 1!1(194g Single: Full Single ($]78.95) Family: $344.85 9 , 1111 Single: Full Single Family: $344.85 + 50% of premium increase 3: 9.4: 9.5: and 9.18 with new !1/ U00 Single: Full Single Family: 1999 rate + 50% of premium increase amounts. Park Aide benefits if full-time: l. Parks Workers wha voluntarily reduce to Park Aide during the Seasonal layoff wi13 maintain their health insurance. 2. All-Season, full-time Park Aides shall be identified by their Deparhnent in September. They will be eligible for the full dollar amount of single health insurance. Effective 11/1198 9g-sa� DEFERRED COMPENSATIdN: Effective 3anuary 1, 1999. A. City will pay match bi-weekly: 20 years of City Service: $1533 per bi-week ($400 per year) 10-19 yeazs of City Service: $�.66 per bi-week {$200 per year) (City service determined by date of hire.) B. Eligibility will be determined September of each year. C. Employees cannot have been on lay off in the previous 12 months. D. Eligible empioyees who experience a lay off must requalify. PEI�SION: The Union authorizes deduction of $20 bi-weekly from employees of Local # 132 who are currently vested and choose to participate in the Union's pension fund. The Union is to provide a list of eligible members. HOLIDAYS: CiTy will pay Veteran's Day & Martin Luther King as major holidays effective SIll98 and Day After Thanksgiving & President's Day as major holidays effective 4J1/�0. Clarification: Labor Day will be added to the contract as a major holiday. UNIFORMS: 1. Anicle 6.4 Safety Shoes: The Employer agrees to pay $50.00 per year, allowing an accrual up to $150 toward the purchase of shoes. Effective 0>!Ol/98. 2. Water uniforms: LMC to work out uniform program by OIf0U99, C+ry will require & pay for initial issue plus, upon showing of receipts, City will reimburse employees required to wear a u�iform up to $125 annually. Effective 01101J00. LAnGUAGE CAANGES TQ CONTRACT: I. Language changes to 8.2 & 8.3 (Mgmt to notify employee rather than Union of shift change and Mgmt to provide transportation to new work location). 2. Rewrite of 8.9 - Procedure for Filling Snowpiowing/Sanding Needs • defines priority order in which employees will be called. 3. ] 1.1.B.1 Class seniority for employees with dual titles 4. 11.3.0 Reverse seniority for Parks and Street. An employee who requests reverse seniority wiH go back to their original seniority in the Spring. 5. 1 I.6 Refusal of overtime assignment - force from bottom up. 6. Article 3 519 - Severance Pay. Time with School District shall not be used to qualify for employees hired after 01/O1l47. 7. New Article - PAGERS: Pagers may be issued to Street Services Workers who are placed on seasonal layoff and are receiving ttie seasonal health insurance benefit as provided in Article 9.18. Laid off employees who are issued pagers will be expected to respond to pages from the employer. 9�-so8 8. Appendix D.A.3: (Public Works) Revised language on Prunary Driving Jobs - referred to as Bid Drivers. a. Bid drivers shall have their base pay increased by $.25 per hour. b. Bid drivers will hold designation and pay for 1 yeaz until the next annual bid. c. Bid drivers will not be on Street Service Workers Overtime lisu. d. If laid off, bid drivers will be called in prior to Sueet Services Workers for driving jobs. 9. Appendix D.A.S.a: (Streets) Night shift assignment by class seniority. 10. Appendix D.A.S.b: (Streets) How to fill temporary vacancies on a shift. 11. Appendix E.A.l.a: (Parks) Overtime assignment within Pazks - crews by classification seniority. 12. Appendix E.A.2.b: (Forestry) Forestry 1VSP crew selection. 13. Appendix E.B.i: (Streets) Week-end and Holiday overtime wiil be assigned by seniority, from a posted sign-up list. Ifthe job requires the week-end to finish, the original assigned crew will be assigned to finish thejob. 14. Appendix E.B2: (Streets) Seniarity rights between Divisions. 15. Appendix E.B.3: (Streets) Procedure for calling from seniority list. 16. Appendix E.B.4: (Streets) Expanding eligibiliTy for overtime to people who have used vacation, holiday, comp time or who are returning from sick. 17. Appendix E.C.4: (Water Utility) Criteria for short-term and full-term job assignments. 18. Appendix E.C.S: (Water Utiliry) Expanding eligiblity for overtime 4o people who have used vacation, holiday, comp time or who are returning from sick. 19. Appendix E.C.6: (Water Utility) Overtime assignment call out sheet shall be used for both day and shifr overtime call outs ta verify proper use of the procedures. 20. Appendix E: (Water Utility) Overtime List 5election Procedures -- Day Crews 21. Appendix E: (Water Utility) Overtime List Selection Procedures - Night Crews 22. Appendix E: (Water Utility) Aistribution Division Overtime Policy 23. Appendix E: (Water Utility) Overtime Policy for the Thawing Rigs 24. Appendix E: (Water Utility) Oeertime Policy for Water Department HEOs interested in Snow Plowing 25. Agpendix E: (Water Utility) Vadnais Station(Highland Overtime Policy 4 98-sog LETTERS OF UNDERSTANDING i. L.etter agreeing to a I.abor Management Committee for Parks to discuss seniority. 2. L.etter committing the Street Department to provide a written explanation, upon request, of why an employee was denied uaining. 3. Letter agreeing to a Iabor Management Committee for the Water Utiliry to work out a Uniform Program by January 1, 1999. 4. Letter to Parks regarding NSP senioriry for Charles Keapproth. 5. Letter Agreeing to a Labor Management Committee for the Water Uti3ity to investigate and make recommendations regarding sick leave use. OTHER ACTIONS TAKEN BY CITY. 1. Requisitions were obtained for Bridge Crew I,eadet and Parks Crew I.eader tests. 2. Internal policy statement adopted for Crew leaders in the Parks Department. 3. Reclassification study for Bridge Maintanance Worker and Bridge Crew Leader. Study results retroactive to date completed. 4. Letter sent to Departments regarding restrictions to supervisors doing bargaining unit work. F:V.ABRELICOMRAC'I\TRICNCL\I997 98VMPGRPMM.WPD 5 CITY OF SAINT PAUL and Tri-Council, Loca1120, Local 49, Loca1132 1997,1998 and 1999 Collective Bargaining Agreement Summary of Changes: WAGES: Year 1:* Year 2: 05/01/97 2.0% 06/01/48 2.0% 12f01197 .6 5°!u 11/01/98 03% 2.5% 4J0 30l99 0.2% 2.5% *Retroactivirv for current em�lovees and those wh� Year 3: 06101199 I1l01/99 have left the unit standing. Temporary employees will be paid 90% of tlte AGC rate plus fringe benefits. Effective upon ratification of the contract. PAY ADJUSTMENTS: The following titles will be increased: I. Add $Q.25 to the base rate for Driver Operators and Bid Drivers. Effective OSJ01/98. 2. Bridge Worker+$030, Bridge Crew Leader+$p.3� to their base rates. Effective O11Q1/98. 3. Jet Rodder pay increased+$0.45 to $]4.18. Effective OSl01/94. 4. Revolving Shovel, eliminate $0.25 premium and 40 minute OT. Increase base hourly rate+ $2.14 to $23.57. Effective OS/01/99. 5. Paving Breaker / Pneumatic Tamper increased +$0.15 to $1933. Effective 05/01/99. 6. *Tractor Operator I increased +$0.27 to $16.42. Effective 05101l99. 7. Water Utility Worker I3 increased +$0.31 to $1b.67. Effective 05101l99. 8. Increase base rate on listed titles in these divisions in exchange for eliminating premiums. Bridggs• +$0.09 Streets: +$0.�4 Bridge Crew Leader *Driver-Operator (Streets, Parks, Water) Bridge Maintenance Worker Parks: +$0.04 Grounds Crew Leader *Groundsworker Parks Worker Sewers: +$0.04 Sewer Crew Leader *Sewer Maintenance I,aborer Sewer Services Worker Effective January 3, 1999. Labor Crew I,eader *Publ'rc Works Laborer Stores Laborer Street Services Worker *Unskilled I.aborer Water Utility: +$0.04 *Groundsworker-Wtr Ury Water Utility Worker I Water Utility Worker II Water System Worker I Water System Worker II Water Service Worker-Control Desk June ]0, ]998 qg �08� 2.0% 0.5°/a 2.5% Note: #3-#7 will be adjusted upwards to reflect salary increases from ] 996 rates. �� 1. Eliminate 8 obsolete premiums from contract. a). *Air Compressor Operator e). *Roller Engineer {under 6 tons) b). *Bituminous Curb Machine Operator �. *Sewer Maintenance I.aborer c). *Ketde Fireman g). *Tractor Operator I d}, *Mixer Engineer h). �`Vibrator Operator 2. Eliminate Tree Spade & Stump Chipper premiums (supposed to be deleted last time). 3. Eliminate premiums in exchange for increasing base rate on titles listed above. a}. Asphalt Shoveler e). Jack Hammer b). Chipping Hammer �. Mortar Mixer c). Chipping Machine g). Tender for a Bricklayer d). Chain Saw Effective January 1, 1999. 4. Retain the following premiums: a). Swing work 50 ft b). Asphalt Raker c). Tacman(Tamper d). Oiler operator e). 580 D formerly known as 50 HP power takeoff. R�- S� � 5. Retain & increase premiums a). NSP premium increased itom $0.50 per hour to 4% of the regular hourly rate. Effective OS/�I/98 b). Tandem Truck: Maintain at $.25 for Non-bid Street 5ervices Workers and add Parks Workers. Delete Driver Operators and non-bid Street Services Workers. Effective OSJOIJ98. c). 8 fr below ground premium increased to 3.5% of the regular hourly rate. Effective OSlOIJ98 d). Abatement Crew Premium: Parks Wotkers or Grounds Workers assigned to an abatement crew on a summary abatement deemed to be hazardous by the Health Department Inspector and PED summary abatement supervisor and requiring the use of special protective clothing shail receive $.66 per hour above their regular base rate for each hour or any part thereof worked in this alignment. Effective January 1, 1999 upon completion of training. HEALTH INSURANCE: iil 1799g Single: Full Single ($178.95) Family: $349.85 1 !1 9 Single; Ful1 Single Family: $349.85 + 50% of premium increase 3_ 9.4: 9.5_ and 9.18 wiih new 1l1/2 DO 5ingle: Fu11 Single Family: 1999 rate + 50% ofpremium increase amounts. Park Aide benefits if full-time: 1. Parks Workers who voluntarily reduce to Park Aide during the Seasonal layoff will maintain their health insurance. 2. All-Season, full-time Park Aides shall be identified by their Department in September. They will be eligible for the full dollar amo�nt of single health insurance. Effective 11lIf98 2 DE�'ERRED COMPENSATION: Effective Ianuary l, 1999. A. City will pay match bi-weekly: 20 years of City Service: $15.33 per bi-week ($40Q per year) 10-19 years of Ciry Service: $7.66 per bi-week ($200 per year) (City service determined by date of hire.) B. Eligibiliry will be detertnined September of each yeaz. C. Employees cannot have been on lay off in the previous 12 months. D. Eligible employees who experience a lay off must requalify. q8-5b� PENSTON: The Union authorizes deduction of $20 bi-weekly from employees of Local #132 who are currently vested and choose to participate in the Union's pension fund. The Union is to provide a list of eligible members. HOLIDAYS: City wili pay Veteran's Day & Martin Luther King as major holidays effective 5!1/98 and Day After Thanksgiving & President's Day as major holidays effective 4/1f00. Clarification: Labor Day will be added to the contract as a major holiday. UNIFORMS: 1. Article 6.4 Safety Shoes The Employer agrees to pay $50.00 per year, allowing an accrual up to $150 toward the purchase of shoes. Effective OS(O1/98. 2. Water uniforms; LMC to work out uniform program by OU01l99, City will require & pay far initial issue plus, upon showing of receipts, City wi{I reimburse employees required to wear a uniform up to $125 annually. Effective O1/01/00. LA]\�GUAGE CHANGES TO CONTRACT: 1. Language changes to 8.2 & 83 (Mgmt to notify employee rather than Union of shifr change and Mgmt to provide transportation to new work ]ocation). 2. Rewrite of 8.9 - Procedure for Filling SnowplowinglSanding Needs - defines priority order in which employees will be called. 3. 1].I.B.I Class seniority for employees with dual titles 4. 11.1.0 Reverse seniority for Parks and Street. An employee who requests reverse seniority wil{ go back to their original seniority in the Spring. 5. 11.6 Refusal of overtime assignment - force from bottom up. 6. Article 15.19 - Severance Pay. Time with Schoo3 District shall not be used to qualify for employees hired after 01l01197. 7. New Article - PAGERS: Pagers may be issued to Street Services Workers who are placed on seasonal layoff and are receiving the seasonal health insurance benefit as provided in Article 9.18. Laid off employees who are issued pagers will be expected to respond to pages from the employer. `�$ 5b� 8. Appendix D.A.3: (Public Works} Revised language on Primary Driving Jobs - referted to as Bid Drivers. 10. 11. 12. 13. 14. 15. 16. 17. 18. 14. 20. 21. 22. 23. 24. 25. a. Bid drivers shall have their base pay increased by $.25 per hour. b. Bid drivers will hold designation and pay for 1 year until the next annual bid. c. Bid drivers will not be on Street Service Workers Overtime lisu. d. If laid off, bid drivers will be called in prior to Stree[ Services Workers for driving jobs. Appendix D.A.S.a: (Streeu) Night shift assignment by class seniority. Appendix D.A.S.b: (Streets) How to fil{ temporary vacancies on a shift. Appendix E.A.l.a: (Parks) Overtime assignment within Parks - crews by classification seniority. Appendix E.A.2.b: (Forestry) Forestry NSP crew selection. Appendix E.B.1: (Streets) Week-end and Holiday overtime will be assigned by seniotity, from a posted sign-up list. If the job requires the week-end to finish, the origina3 assigned crew will be assigned to finssh thejob. Appendix E.B.2: (Streets) Seniority rights between Divisions. Appendix E.B3: (Streets) Procedure for calling from seniority list. Appendix E.B.4: {Streets) Expanding eligibility for overtime to people who have used vacation, holiday, comp time or who are returning from sick. Apgendix E.C.4: (Water Utility) Criteria for short-term and full-term job assignments. Appendix E.C.S: (Water Utility) Expanding eligib3ity for overtime to people who have used vacation, holiday, comp time or who are returning from sick. Appendix E.C.6: (Water Utility) Ovedime assignment cail out sheet shall be used for both day and shift overtime call outs to verify proper use of the procedures. Appendix E: (Water Utility) Overtime List Selection Procedures -- Day Crews Appendix E: (Water Utility) Overtime List Selection Procedures - Night Crews Appendix E: {Water Utility) Distribution Division OveRime Policy Appendix E: (Water Utility) Overtime Policy for the Thawing Rigs Appendix E: (Water Utility) Overtime Policy for Water Department HEQs interested in Snow Plowing Apgendix E: (Water Utility) Vadnais StationlHig}iland Overtime Policy � LETTERS OF UNDERSTANDING Rp'�b �j i. Letter agreeing to a Labor Management Committee for Parks to discuss seniority. 2. Letter committing the Street DeQartment to provide a written explanation, upon requesc, of why an employee was denied training. 3. Letter agreeing to a L,abor Management Committee for the Water Utility to work ou[ a Uniform Program by 3anuary i, 1999. 4. Letter to Parks regarding NSP senioriry for Charles Keapproth. 5. Letter Agreeing to a Labor Management Committee for the Water Utility to investigate and make recommendations regarding sick leave use. OTHER ACTIONS TAKEN BY CITY. i. Requisitions were obtained for Bridge Crew L,eader and Parks Crew I.eader tests. 2. Internal policy statement adopted for Crew leaders in the Parks Department. 3. Reclassification study for Bridge Maintanance Worker and Bridge Crew Leader. Study results retroactive to date completed. 4. Letter sent to DepaRments regarding restrictions to supecvisors doing bargaining unit work. F:�1.ABAEL\CONTR4CTITR]CNCLV997 98\IMPGRPMM.WPD u.., . _ � � � �-�� c.�� _ � ,. _ --. _ - t� �� U� . _ - ��r�� - �� - � MAY 1997 THitOUGH APRIE;, 2000" _ �_. ,. - � __ - � � � � � �07;I;EC3'I�?E B�RGAININiG AGR�EMENT _ � "; � � � , � �.. � � � � .° �,= $E`TWEEl�1 � . � _ , � E`, TiIE C�TI'�OF SAINT�PAUi:�. �� T , � �'HHE TR� COUNCIL - r � ,- � � � � ;L�CAL 12Q` Lt?C�; 4� AND LOCA� 132 r r � � INDEX n l_.J • ARTICLE TTTLE Principles .................... PAGE � ............................1 1 Recognition ................................................2 2 Maintenance of Standazds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Union Rights ...............................................3 4 PayrollDeduction ...........................................3 5 ManagementRights ..........................................3 6 Safety .....................................................4 7 Discipline Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Hours, Overtime, Snowplowing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Insurance ..................................................7 10 Employee Rights-Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Il Seniority ..................................................14 12 Vacation ..................................................16 13 Holidays ..................................................I7 14 Jury Duty .................................................18 15 Severance Pay .............................................18 lbWages ....................................................21 17 Savings Clause .............................................21 18 Jurisdiction ................................................21 19 Siek L,eave ................................................22 20 ParentalLeave .............................................23 21 LegalServices .............................................23 22 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 23 Defened Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 24 Termsof Agreement ........................................24 Appendix A Wage Schedules, Pretniums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ai Appendix B Temporary Employees Wage Schedules . . . . . . . . . . . . . . . . . . . . . . . . Bl Appendix C Driver Operator Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cl Appendix D General Policies Regazding Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . D 1 Appendix E General Policies Regazding Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . El I �B 5�� PRINCIPLES � This Agreement is entered into to facilitate the adjustment of grievances and disputes between the Employer and Empioyees to provide, insofar as possible, for the continuous employment of labor and to establish necessary pmcedures for the amicable adjushnent of all disputes which may arise between the Employer and the Union. The Employer and the Union encourage the highest possible degree of practical, friendly, cooperative relationships between their respective representatives at all levels. The officials of the Employer and the Union realize that this goal depends primarily on cooperative attitudes beriveen people in their respective organizations and at all levels of responsibility, and that proper attitudes must be based on full undetstanding of and regard for the respective rights and responsibilities of both the Employer and the Employees. There shall be no discrimination against any employee by reason of creed, sex, disability, � or Union membership. The Employer and ihe Union affirm their joint opposition to any discriminatory practices in connection with empioyment, promotion, or training, remembering that tt�e public interest remains in full utilization of employees skill and ability without regard to consideration of national origin, age, sex or disability. , -1- ' ARTICLE 1- RECOGNITION �� - L 1 The Emplo}�er recognizes the Union as the sole and exclusive collective bargaining agency for all employees that have been certi£ed by the State of Minnesota, Case No. 73-PR-427-A, as follows: • All employees of the City of Saint Paui in the classifications of Asphalt Plant Operator, Bridge Crew Leader, Bridge Maintenance Worker, *Driver-Operator, Dm�er-Operator--Water Utility, Forestry Crew Leader, Garden Laborer, Gardener, Golf Ranger, Grounds Crew Leader, *Groundsworker, *Gtoundsworker--Water UtiliTy, Heavy Equipment Operator, Heavy Equipment Operator--Asphalt Plant, Heavy Equipment Operator--Water Utiliry, 7et Sewer Cleaner Operator, Labor Crew Leader, Lead Gazdener, Modified Duty Worker--Laborer, Pazk Aide, Pazks Worker, #Power Clam Operator, *Public Works Laborer, Revolving Power Equipment Operator, Sewer Crew Leader, *Sewer Maintenance Laborer, Sewer Services Worker, Stores Laborer, Street Services Worker, *Ttactor Operator I, Tree Worker, *Unskilled Laborer, Water Service Worker-- Control Desk, Water 5ystem Worker I, Water System Worker II, Water Utility Worker I, and Water Utility Worker II who work more than 14 hours per week and more than 100 work days per yeaz, excluding Supervisory, Confidential, temporary, emergency, and employees exclusively represented by other labor or employee organizations. The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this Agreement shall be recognized as a part of this bazgaining unit, and the parties shall take aii steps required under the Public Employment Relations Act to accomplish said ob,}ective. ..2 The Employer agrees not to enter into any contractually binding agreements with any employee or representative not authorized to act on behalf of the Union. There shail be no individual agreements with any employees that conflict with the terms of this Agreement, and any such agreement or contract shall be null and void. 1.3 The Employer agrees to give tYie Union the right to supply fifiy percent (50%) of all new qualified referrals for work as temporary employees. ARTICLE 2- MAINTENANCE OF STANDARDS 2.1 The parties agree that all conditions of employment relating to wages, hours of work, over[ime differentials, vacations and ail other general working conditions shail be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the Ciry of Saint Paul and the Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement. , -2- ARTICLE 3 - UNION RIGHTS 3.1 The Union may designate employees from within the batgaining unit to act as Stewazds and shall inform the Employer in wriYing of such designations. Such employees shall have the rights and responsibilities as designated in Article 10 (GRIEVANCE PROCEDi7RE). There shall be no more than one Steward , from each local invoIved in any one specific grievance. 3.2 There shali be no deduction of pay from Stewazds when directly involved in meetings witt� management during working hours for grievance procedures. 33 Designated Union Representatives shalt be pernutted to visit employees on job sites and at deparanent buitdings during working time. ARTICLE 4 - PAYROLL DEDUCTION 4.1 The Emptoyer shall, upon request of any employee in the unit, deduct such sum as the Union may specify for the purpose of initiation fees and dues to ihe Union, providing the Union uses its best efforts to assess such deductions in as neazly uniform and standazd amounts as is possible. The Employer shall remit monthly such deduction to the appropriate designated Union. 4.2 In accordance u�th MS.A. 179.65, Subd. 2, the Employer agrees that upon notification by the Union, ihe Employer shall deduct a fair share fee from all certified employees who are not members of the exclusive representative. In no instance shall the required contribution exceed a pro rata shaze of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. 43 The Union authorizes deduction of twenty dollazs ($20.00) bi-weekly, from employees who aze members of Laborer's LocaI #132 who already have pension credits in the Union's Pension Fund and choose to participate in the Union's Pension Fund. The Employer wiil forwazd this to the Union's Fension Fund. The Union is to provide the Empioyer a list of eligible members. 4.4 The Union will indemnify, defend and hold the Employer harmless against any ciaims made and against any suits insrituted against the Employer, its officers or employees, by reason of negtigence of the Union in requesting or receiving deductions under this Articte. The Emp2oyer wiil indemnify, defend and hold the Union harmiess against any claims made and against any suits instituted against the Union, its officers or empioyees by reason of negligence on the part of the Employer in making or forwarding deducrions under tlzis Article. ARTTCLE 5 - MANAGEMENT RIGHTS 5.1 The Union recognizes the right of the Employer to operafe 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 o�cially abridged, delegated, or modified by this Agreement are retained by the Employer. - -3- ARTICLE 5 - MAiVAGEMENT RIGHTS (Continued) 6 �'.50� �.2 A public Employer is not required to meet and negotiate on matters of inherent managerial policy, which include but aze not limited to, such areas of discretion of policy as the functions and programs of the Employer, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. ARTICLE 6 - SAFETY 6.1 Accident and in}ury free operations shall be the goal of all Employers and employees. To this end the Employer and employee will, to the best of their ability, abide by and live up to the requirements of the several State and Federal Construction Safety Codes and Regulations. 6.2 To this end the Employer shall from time to time issue rules or notices to Ivs employees regazding on the job safety requirements. Any employee violating such rules or notices shall be subject to disciplinary action. No employee may be discharged for refusing to work under unsafe conditions. 63 Such safety equipment as required by governmental regulation, shall be provided without cost to the employee. At the Employer's option, the employees may be required to sign for safety equipment and shall be obligated to return same upon dischazge, layoff, quit or other termination in compazable condition as when issued, providing reasonable weaz and teaz. The Employer shall have the right to withhold the cost of such safety equipment if not returned. .� C� .. , The Employer agrees to pay $50.00 per payroll calendaz yeaz toward the purchase of one pair of safety shoes by an employee who is a member of this unit. The Employer shall contribute toward the purchase of one pair of shoes per payroil calendaz year and shall not be responsible for any additional cost for that yeaz. Employees may accrue a totai of $150.00 for the purchase of shoes. Reimbursement shall be made only after investigation and approval by the immediate supervisor of the employee. This contribution shall apply only to employees who are required by the Employer to wear protective shoes or boots. The City shall furnish uniforms at no cost to the employees who work in the Sewer Division of the Public Works Department. uniform. Effective January l, 2000 the Water Utility wilt reimburse these employees annually per payroll calendaz yeaz beginning the year after the employee's initial issue present receipts to be reimbursed. The Water Utility will provide at it's expense an initial uniform to employees required to weaz a up to $125 . Employees must -4- ARTICLE 7 - DISCIPLINE PROCEDURES 7.1 The Employer wiii discipline employees for just cause onIy. Discipline will be in the form o£ A. Oral reprimand; . B. Written regrimand; C. Suspension; D. Reduction; E. Dischazge. 7.2 Suspensions, reductions and dischazges will be in written form. 7.3 A notice in writing of suspensions, reductions and discharges shall be sent to the employee and the Union within seventy-two (72) hours after such action is taken. 7.4 Discharges wili be preceded by a five (5) working day preliminary suspension without pay. During said period, the employee and/or Union may request, and skall be entitted to a meeting with the Employer representative who initiated the suspension with intent to dischazge. During said f ve (5) working day period, the Employer may �rm the suspension and dischazge in accordance with Civii Service Rules or may modify, or withdraw same. 7.5 Grievance reIating to this Article shalI be processed in accordance with the grievance procedure under Arcicie 1 d. ARTICLE 8- HOURS, OVERTIME, SNOWPLOWING 8.1 The normal work day shall be eight (8) consecutive hours per day, excIuding a thirty (30} minute lunch � period, except for employees assigned to the 4l40 shift where the normal work day shall be ten (10) consecutive hours per day, excluding a thirty (30) minute lunch period. The normal work week shall be &ve (5) consecutive normal work days in any seven (7j day period except for employees assigned to the 4/40 shift where the normal work week shall be four consecutive ien Q 0) hour work days in any seven (7) day period. (For employees on a shift basis Yhis shall be construed to mean an average of forty hours a week.) 8.2 Except in cases of emergencies, the Employer shall notify the affected empIoyees of an intention to change a shift at least 24 hours prior to the beginning of the new shift. 83 Empioyees shali report to work locarion as assigned by a designated Employer supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the Empioyer. Management shali provide transportation or allow travel time within normal working hours to the new work location. 8.4 Call-in-Pay. When an employee is called to work he/she shall receive two hours pay if not put to work. If he/she is called to work and commences work, he/she shall be guaranteed four straight time hours pay. r _— \ -5- ARTICLE 8- HOURS, OVERTIME, SNOWPLOWING (Continued) �� _5�$ 8.5 Overtime. Time on the payroll in excess of the normal hours set forth above shall be "overtime work" • and shall be done only by order of the head of the departrnent. 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. Employee may express a written preference for the method of overtime payment, however, the basis on which such overtime shall be paid shall be detemuned solely by the Employer. The time and one-half overtime rate shall be based on the total rate, including any premium pay, being eamed during the overtune hours worked. 8.6 The two (2) work breaks shall not exceed fifteen (I S) minutes from the time the employee stops working until he/she resumes work, and shall be taken in close proximity of the employee's work station. 8.7 Employees who aze unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than one-hatf hour before the beginning of such work day. Failure to make such notification may be grounds for discipline. 8.8 The follow�ing will be the procedwe for fiiling snowplowing or sanding needs. A. All listed categories of City employees will be offered one shift before any receive a second shift. B. For purposes of a declazed snow emergency, both the night and day phases shall be considered shifts falling on the date of the day phase. Personnel shali be assigned to one of the two phases in the priority order shown below provided that no overtime shift results. C. In the event that overtime shifts aze needed to fill any assignment, overtime shifts shail be • offered in the same priority order. D. Order to be called. 1. Regular full-time Driver Operators, Heavy Equipment Operators, `Bid Driver" assignees and Street Service Workers on normally scheduled shifts. 2. Drivez Operators, Heavy Equipment Qperators and `Bid Driver" assignees on Iayoff. 3. Street Services Workers on layoff. 4. Sewer Services Workers. 5. Jet Sewer Cleaner Operators. 6. Bridge Maintenance Workers. 7. Crew Leaders. 8. Other permanent Tri-Council members. 9. Ail other qualified Public Works volunteers on normally scheduled shifts. 10. Qualified temporary Tri-Council members. , -6- ARTICLE 9 - INSURANCE Active Employee Insurance 9.1 The insurance ptans, premiums for coverages and benefts contained in the insurance plans offered by . the Employer shall be solely controllecl by the contracts negotiated by the Employer and the benefrt providers. The Employer wiil attempi to prevent any changes in the benefits offered by the benefit providers. However, the employees selecting the offered plans agree to accept any changes in henefits which a specific provider implements. IRS ruIes and regulations shalI govem the Employer provided heatth and welfare benefrt program. 9.2 Effective for the May, 1997 insurance premiums, for each eligible employee covered by this Agreement who is employed full-time and who selects employee health insurance coverage provided by the Employer, the Employer agrees to contribute $191.40 per month towazd the cost of the single health insurance premium, For each eligible full-Ume employee who selects family health insurance coverage, the Employer will contribute $349.85 per month towazd the cost of the family health insurance premium. 93 Effective for the January, 1998 insurance premiums, for each eligible employee covered by this Agreement wko is emptoyed full-time and who setects employee health insurance coverage provided by ihe Employer, the Employer agrees to contribute $178.95 per monYh towazd the cost of the 1998 single health insurance premium. For each eiigible full-time employee who selects family health insurance coverage, the Employer witl contribute $344.85, plus 50% of the 1998 family heatth insurance premium increase, each month toward ! the cost of the family health insurance premium. 9.4 Effective for the January, 1999 insurance premiums, for each eligible employee covered by this agreement who is employed full-time and who selects empIoyee heaIth instuance coverage pravided by the Employer, the Empioyer agrees to contribute the actual monthly cost of the 1999 single heatth insurance premium. For each eligible full-time employee who selects family heaith insurance coverage, the Employer will contribute the 1998 Employer contribution amount pIus 56% of the I999 family health insurance premium increase, each month towazd ihe cost of ihe family healtti insurance premium. 9.5 Effective for the January, 2000 insurance premiums, for each eligible employee covered by this agreement who is employed full-time and who selects employee health insurance coverage provided by the Empioyer, the EmpIoyer agrees to contribute the actual monthty cost of the 2000 single heaith insurance premium. For each eligible full-time employee who selects family health insurance coverage, the Employer will contribute the 1999 Employer contribution amount plus 50% of the 2000 family health insurance premium increase, each month towazd the cost of the family health insurance premium. - -7- ARTICLE 9 - INSURANCE (Continued) g$ -�j� 9.6 For the purpose of this Article, full-ume employment is defined as appearing on the payroll at least 32 . hours per week or at least 64 hours per pay period excluding overtime hours. 9.7 For each eligible employee covered hy this Agseement who is empioyed half-time who selects employee insurance coverage, the Employer agrees to contribute fifty percent {5�%) of the amount contributed for full-time employees selecting employee coverage in the same insurance plan. For each half-time employee who selects family insurance coverage, the Employer will contribute fifty percent (SQ%) of the amount contributed for full-time employees selecting family coverage in the same insurance plan. For the purpose of this Article, half-time employment is defined as appearing on the payroll at least 20 hours but less than 32 hours per week or at least 40 hours but less than 64 hours per pay period excluding overtime hours. An employee will be considered half-time only if such employee is assigned to a position which is regulazly assigned half-time hours. ' 9.8 For each eligible employee the Employer agrees to contribute the cost of $15,000 of life insurance coverage. Retiree Insurance 9.9 Employees who retire must meet the following conditions at the time of retirement in order to be eligible for the Employer contributions, listed in Sections 9.1 � and 9.11 below, towazd a health insurance plan offered by the Employer: . A. Be receiving benefits from a pubiic employee retirement act at the time of retirement, and B. Have severed his/her relationship with the City of Saint Paul for reasons other than misconduct, and C. Have completed at least 20 yeazs with the City of Saint Paul, and D. Were hired prior to January 1, 1996. Early Retirees 9.10 This 5ection shall appiy to full time employees who: A. Retire on or after January 1, 1946, and B. Were appointed on or before December 31,1995, and C. Have not attained age 65 at reurement, and D. Meet the terms set forth in Section 9.9 above, and E. 5elect a health insurance plan offered by the Employer Until svch employees reach saxty-five (65) yeazs of age, the Employer agrees that for retirees selecting single coverage, the Employer will provide the same contribufion as is provided for active employees selecting single coverage under this agreement. This amount, however, shall not exceed $350 per month. , �:� ARTICLE 9 - INSURANCE (Continued) For employees selecting family health insurance coverage, the Employer will contribute $3S0 per month towazd the premium for family health insurance coverage. Any unused portion af Yhe Employer's • conuibution shal] not be paid to the retitee. When such eazly retiree attains age 65, the provisions of Secrion 9.11 wili apply. Regular Retirees (Age 65 and over} 9.11 This Section shall apply to fizll time employees who: A. Retire on or afrer January 1, 1996, and B. Were appointed on or before Deeember 31, 1995, and C. Have attained age 65 at retirement, and D. Meet the terms set forth in Section 9.9 above, and E. Seleci a health insurance plan offered by the Employer The Employer agrees to contribute a tnaximum of $550.00 per month towazd the gremium for single or family health insurance coverage offered by the Employer to regulaz retirees and their dependents. Any unnsed portion of the Employer's contribution shall not be paid to the retiree. This Section shall also apply to early retirees who retired under the provisions of Section 9.10 when such retirees attain age 65. • 9.12 A retiree's participation in the Ciry's health insurance plan must be continuous. If a retiree chooses not to participate at the time of his/her retirement or if a retiree discontinues his/her participation, such retiree will not be eligible for any future participation or for any Employer contribution. 9.13 In the event of the death of a retiree who was hired on or after May 1, 1992 and who is participating in the City's health insurance program, the surviving spouse or dependent of the deceased may continue to participate in the City's heaith insurance pian at their/her own cost. Eligibility to confinae to participate shaii terminate when such spouse or dependent remarries or becomes eligible for group health insarance through any emptoyer. Survivor Insurance 9.14 The surviving spouse of an employee cazrying fanuly coverage at the time of his/her death due to a joh connected injury or illness which was deternuned to have arisen out of and in the covrse of his/her employment under worker's compensation law shail continue to be eligible for ciry contrihution in the same proportions as is provided far retired employees. In the event of the death of an eazly retiree or a regular retiree, the dependents of the retiree shalt have the option, within tturty (30) days, to continue the current hospitalization and medical benefits which said dependents previousiy had, at the premium and Emp2oyer contribution accorded to the eligible deceased retiree. - -9- ARTICLE 9 - INSURANCE (Continued) �fg �� _ i It is further understood that coverage shall cease in the event of: � A. Subsequent remarriage of the surviving spouse of the deceased employee or retiree. B. The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependent sha11 have the right to maintain City health insurance for the fust ninety (90) days of said employment. 9.15 A retiree may not carry his(her spouse as a dependent if such spouse is also a City retiree or City Employee and eligible for and is enrolled in the City heaith insurance program. Seasonal Layoff 9.16 Effective for the May, 1997, insurance premiums, for each eligible employee covered by this Agreement who is employed full-time and who selects health insurance coverage provided by the Employer, and who is placed on seasonal layoff, the Employer shall, for up to five months of layoff, contribute $191.40 per month toward the cost of the single health insurance premium or $349.85 per month toward the cost of the family health insurance premium, regazdless of whether or not such employee has worked the appropriate hours within the qualifying pay period. Effective for the 3anuary 1998 insurance premiums, the contribution for the single health insurance � premium shall be changed to $178.95 per month towazd the cost of the single health insurance premium, and the contribution toward family coverage shall be increased by 50% of the 1998 family health insurance premium increase. Effeciive for the January 1999 insurance premiums, the contribution for single coverage shall be changed to reflect the dollar amount of the single health insurance premium, and the contribution towazd the famiiy health insurance premium shail be increased by 50% of the 1999 family heatth insurance premium increase. Effective for the January 2000 insurance premiums, the contribution for single coverage shall be changed to reflect the dollar amount of the single health insurance premium, and the contribution toward the family health insurance premium shali be increased by 50% of the 2004 family health insurance premium increase. Miscellaneous 9.17 Pagers may be issued to Street Services Workers who are placed on seasonal layoff and aze receiving the seasonal health insurance benefit as provided in Article 9.16. Laid off employees who aze issued pagers will be expected to respond to pages from the employer. 9.18 The contributions indicated in this Article 9 shall be paid to the Employer's Group Heaith and Welfaze � Plan. -10- ARTICLE 9 - INSURANCE (Continued) Miscettaneous (Continued} 919 Any cost of any premium for any City-offered Employee or family inswance coverage in excess of the � dolIar amounts stated in this Article 9 shalI be paid by the Employee. 9.20 Any Employee having ten or more years of service with the Employer who becomes ill or injured so as to be unable to continue working and has e�austed a11 his/her sick leave and vacation shall be eligible for City paid health and welfare benefits for a maximum of three yeazs. 9.21 T'he Employer will provide a system whereby the employee's contribution towazd the premiums for the employee setected health insurance coverages will be paid on a pre-ta�t basis. Employees covered by this Agreement will be eligible to participate in the Flexible Spending Account and the Dependent Care Reimbursement Account as offered by the EmpIoyer. The service fee chazged to participating emptoyees in the Flexible Spending Account shall be paid by the empIoyee. T'he service fee charged to participating employees in the DependenY Care Reimbursement Account shali be paid by the Employer. 9.22 Any employee who is receiving benef ts under the terms of ihis contract and instead of layoff takes a voluntary reduction to Pazk Aide, to continue working during the winter, shall continue to receive the benefits availabie to his/her permanent title. 9.23 All Season Fuil Time Park Aide: A. The Parks Department wilt identify the number of Alt Season Fult Time Pazk Aide positions needed for full time employment by September of each year. The Department wiil choose first: 1. Laid off Parks Workers who tatce a reduction to Park Aide; then if necessary 2. Park Aides designated Ail Season Full Time Park Aide; then if necessary 3. Qualified Pazk Aides by Seniority. • B. Any Park Aide who accepts futt time winter employment (All Season Full Time Park Aide) by the Parks Departrnent, will be eligible for single health insurance coverage as provided in Articles 9.I through 9.5 of this contract beginning in January following the offer of winter employment and continuing for a11 consecutive months worked as an All Season Fult Time Pazk Aide. 9.24 The provisions of this Article 9 shall not apply to empIoyees in the tides of Golf Ranger and Pazk Aide. . -11- ARTICLE 10 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE �� 1 Q.l The Employer shall recognize stewazds selected in accordance with Union rules and regulations as the � grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the stewazds and of their successors when so named. 10.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibitities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The stewazd involved and a grieving employee shail 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. 10.3 The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 10.4 Grievances sha31 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 Union. The written grievance shali set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of • the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or with the use of reasonable diligence should have had knowiedge 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 wzitten grievance a designated Employer supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a resuit of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendaz days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendaz days folIowing receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days foliowing receipt of the Employer's answer shall be considered waived. Step 3. Within seven (7? calendaz days following receipt of a gzievance referred from Step 2 a designated Employer supervisor shail meet with the Union Business Manager or his designated representative and attempY to resolve the grievance. Within seven (7) calendaz days foliowing this meeting the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a resuit of the written response the grievance remains unresolved, ihe Union may refer the grievance to Step 4. Any , grievance not refened to in writing by the Union to Step 4 within seven (7) calendaz days following receipt of the Bmpioyer s answer shall be considered waived. -12- ARTTCLE 1Q - EMPL�YEE RIGHTS - GRIEVANCE PROCEDURE (Continued) Optional Mediation 1) If the grievance has not been satisfactority resolved at Step 3, t[ie Union may, within ten � (I O) calendaz days, request mediation. If Management agrees that ttze grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediation Services for the assignment of a mediator. Grievance mediation shall be completed within thirry (30) calendaz days of the assignment. 2} Grievance mediation is an optionai and voIuntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance azbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to arbivation shall be delayed for the period of inediation. 3} The grievance mediation process shatt be infortnal. Ru1es of evidence shall not apply, and no record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and argument to support their case. The mediator may meet with the parties in joint session or in separate caucuses. 4} At the request of both parties, the mediator may issue an oral recommendarion for settlement. Either party may request that the mediator assess how an arbitrator might rale in this case. 5) The grievant shalI be present at the grievance proceeding. If the grievance is resoIved, the grievant shall sign a statement agreeing to accept the outcome. Unless the parties • agree otherwise, the outcome shall nat be precedential. 6) If the grievance is not resolved and is subsequenfly moved to azbitration, such proceeding shall be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to their positions conceming resoiution or offers of settiement may be used or referred to during azbitration. Step 4. The arbitration proceedings shall be coaducted by an arbitrator to be selected from a permanent panel of five (5) arbitrators. Arbivators shall be selected by Iot within twenty (ZO) work days after notice has been given. The permanent panel of azbitrators shall be mutuatly agreed to by the Employer and the Union no later than sia�ty (bQ) days after the signing of this Agreement. In the event the Employer and the Union cannot mutually agree to five (5) arbitrators for the permanent panel, the parties will petition the Director of the Bweau of Mediation Services for a Iist of ten {10) azbitrators for each panei member for which the parties did not mutually agree. The parties shatl aiternately strike names from such list(s}, the Employer striking first, until one (lJ name remains. Vacancies occurring on the permanent panel during the life of Yhis Ageement shall be filled by mutuai agreemenY of the parties. If the parties cannot mutually agree, the vacancy shall be filled by the process noted in the preceding pazagraph. This azbitrator selection process shall be effective only for the duration of this Agreement unless both parties mutually agree to eactend such provisions. - -13- ARTICLE 10 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Cantin�`�)�� 10.5 The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the • provisions of this Agreement. The azbitrator sha11 consider and decide oniy the specific issue submitted in writing by the Emp3oyer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator sha11 be w�ithout power to make decisions contrary to or inconsistent with or modifying or varying in any way the applications 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 later, unless the parties agree to an extension. The decision shail be based solely on the azbitrator's interpretation ar application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shali be final and binding on tt�e Bmployer, the Union, and the employees. 10.6 The fees and expenses for the azbitrator's services and proceedings shall be bome equaliy by the Employer and the Union, 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. 10.7 The time limits in each step of this procedure may be eaKended by mutual agreement of the Employer and the Union. 10.8 It is understood by the Union and the Employer that a grievance may be determined by either the grievance procedure of this contract or by the provisions of the Civil Service Rules of the Ciry of Saint � Paul. If an issue is determined by this grievance procedure it shall not again be submitted for arbitration under the Civil Service Rules. If an issue is determined by the provisions of the Civil Service Rules it shall not again be submitted for azbitration under this grievance procedure. ARTICLE 11- SENIORITY l 1.1 Seniority, for the purpose of this Agreement, shall be defined as follows: A. "City Seniority" - The length of continuous, regulaz and probationary service with the Employer from the date of employment in any and all ciass titles. B. "Class Seniority" - The length of continuous, regular and Probationary service with the Employer from the date an employee was £ust certified and appointed to a class tit]e covered by this Agreement, it being further understood that class seniority is confined to the current class assignment held by an employee. 1. For Employees with dual titles, class seniority wi11 be defined as the class title assigrunent for the day assigned and wil] continue to be that class title until the next regulaz assigned shift. During a declazed emergency when the assigned shift is finished, those who hold dual 6ties, such as Heavy Equipment Operator and Driver Operator, will , revert to the lower title in order of their seniority in that title. -14- ARTICLE 11- SENIORITY (Continued) C. If an employee requests reverse seniority for the winter season helshe will be placed at Yhe - bottom of the seniority Iist. An employee's request must be submitted by October I 5 of each yeaz. All employees who have opted for reverse seniority wiil be retumed io their original • seniority on the call back list when the weather alIows the employer to begin normal spring/summer operations, or on April 1 of ttie foi2owing yeaz, whichever comes first. Pazks Workers or Grounds Workers opting for reverse seniority wilI be piaced at the bottom of the combined Parks Worker/Cnounds Worker seniority list during the lay off- period. 2. Driver-Operators, Bid Drivers or Public Works Laborers opting for reverse seniority will be ptaced at the bottom of the Sireet Services Worker winter call in seniority list afrer any Street Services Worker has opted for reverse seniority. 11.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 11.3 A. In the event it is detemuned by tiie Employer tiiat it is necessary to reduce the work fome, employees will be laid off by class title within each division based on inverse length of "Class Seniority." Recall from layoff shall be inverse order of layoff, except that recaii rights shall expire after two years of layoff. B. In cases where there are promotional series, such as Unskilled Laborer, Crew Leader, etc., when the number of employees in these higher titles is to be reduced, empioyees who have held lower titles which aze in this bazgaining unit wi11 be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs aze made by any class � title in any department. C. It is further understood that a laid ofF employee shall have the right to placement in any lower-paid class title in this bazgaining unit, provided said employee has been previously certified and appointed in said lower-paid class title. In such cases, the employee shall fust be pIaced on a reinstatement register and shall have "Class Seniority" based on the date originalIy certified and appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, return to original class as provided in pazagraph (A) above. D. The provisions of Appendix C shall apply to the classification of Driver Operator. 11.4 To the eatent possible, vacation periods shaIl be assigned on the basis of "Class Seniority", within each class, by division. It is, however, understood that vacation assignments shall be subject to the abiliry of the Employer to maintain operations. I 1.5 Promotions shall be handled in accordance with current Civi2 Service Ruies and practices. However, the Water UYility may promote and assign a member of a rotaYing emergency or night crew holding the secondary title of Water Service Worker-Control Desk to a temporary Water Service Worker-Control Desk vacancy on his assigned crew without reference to his seniority in that title. Regular permanent promotions wil] continue to be made in order of seniority in title. - -15- ARTICLE 11 - SENIORITY (Continued) t= �� 11.6 When a seniority list is being used to call in employees for overtime, once the list is exhausted, • the employer shall order employees, in reverse order of seniority, to report to work. ARTICLE 12 - VACATION 121 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, excluding overtime. Years oPService 1 st yeaz thru 4th year Sth yeazthru 9th year l Oth yeaz thru 15th yeaz 16th yeaz thru 23rd yeaz 24th year and thereafter �Iours of Vacation .0385 (10 days} .0616 (16 days) .0731 (19 days) .0885 (23 days) .1 Q00 (26 days) 12.2 The head of the department may pernut an employee to carry over one hundred and twenty (120) hours of vacation into the following "vacation yeaz". For the purpose of this article the "vacation yeaz" shall be the fiscal year {IRS payroll reporting year). 12.3 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I(one), Subsection H. �12.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty (180) days, he/she may convert any part of such excess at the rate of riuo (2) days of sick leave for one (1) day of vacation up to a maximum of five (5) days of vacation. 12.5 The ma�cimum number of days' vacation allowed by the conversion of sick leave credits shall be no more than five days on any one yeaz so that with the maximum vacation time which may be taken in any one year (including carry over allowed from previous vacatiQn yeaz) sha11 be forty-six days including the regular vacation period. 12.6 , The provisions of this Article 12 shall not apply to employees working in the titles of Golf Ranger or Park Aide. -16- ARTICLE 13 - HOLIDAYS 13.1 The foliowing twelve (I2) days shali be designated as holidays: New Yeai s Day, January 1 Martin Luther King Day, third Monday in January Presidents' Day, third Monday in February Memorial Day, last Monday in May Independence Day, Juty 4 Labor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 Two floaiing holidays � Eligible employees shali receive pay for each of the hoIidays listed above, on which they perform no work. V�'hen New Year's Day, Independence Day, Veterans' Day or Chrishnas Day fatls on a Sunday, the foliow7ng Monday shall be considered the designated holiday. When any of these fovr (4) holidays falls on a Saturday, the preceding Friday shaIl be considered the designated holiday. For those employees assigned to a work week ottter than Monday through Fri@ay, the holiday shall be observed on the calendaz date of the holiday. 13.2 The floating holidays set forth in Section 13.1 above may be taken at any time during the fiscal year, subject to the approval of the Department Head of any employee. 13.3 Eligibility Requirements. In order To be eligible for a holiday with pay, an employee's name must appeaz� on the payroll on any six working days of the nine working days preceding the hoIiday; or an empIoyee`s name must appeaz on the gayroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. 13.4 The ten (10) holidays shall be considered non-work days. 13.5 If, in the judgment of the Employer, personnei aze necessary for operating or emergency reasons, emplayees may be scheduled or "catled back" in accordance with Article 8.4 (Call-in-Pay). I3.6 If an employee entitled to a holiday is required to work on Martin Luther King Day, PresidenYs Day, Day After Thanksgiving ar Veterans' Day, he/she shall be granted another day off with pay in tieu thereof as soon thereafter as the convenience of the department permits, or the employee shall be paid on a straight time basis for such hours worked, in addition to his/her regulaz holiday pay. If an empIoyee entitled to a hotiday is required to work on New Year's Day, Memoria� Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, helshe shall be recompensed for work dane on this day by being granted compensatory tnne on a time and one-half basis or by being gaid on a time and one-half basis for such honrs worked, in addition to his/her regulaz holiday pay. r L- -17- ARTICLE 13 - HOLIDAYS (Continued) 2� 50� Effective May 1, 1998 if an employee entifled to a holiday is required to work on Martin Luther King � Da}° or Veterans Day helshe shall be recompensed for work done on this day by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such hours worked, in addition to his/her regtilaz holiday pay. Effective Apri1 1, 20Q0 if an employee entifled to a holiday is required to work on Presidents' Day or `zhe Day After Thanksgiving helshe shall be recompensed for work done on this day by being granted compensatory time on a time and one-half basis or by being paid on a tnne and one-hatf basis for such hours worked, in addition to hislher regu]az holiday pay. Eligibiliry for Holiday pay shall be determined in accordance with Section I, Subsection I of the Saint Paul Salary Plan and Rate of Compensation. 13.7 The provisions of this Article 13 shail not apply to employees working in the tities of Golf Ranger and Park Aide. ARTICLE 14 - JURY DUTY ] 4.1 Any employee who is required during his/her regular working hours to appear in court as a juror or witness, except as a witness in the employee's own behalf against the Employer, shall be paid hislher regular pay while so engaged. Any fees that the employee may receive from the court for such service • shall be paid to the City and be deposited with the City Finance Director. Any employee who is scheduled to work a shift, other than the normal daytime shift, shall be rescheduled to work the normai daytime shift during such time as he/she is required to appeaz in court as a juror or witness. ARTICLE 15 - SEVERANCE PAY 15.] The Employer shall provide a severance pay program as set forth in this Article. 15.2 To be eligible for the severance pay program, an employee must meet the following requirements: A. The emp3oyee must be 58 yeazs of age or oider or must be eligible for pension under the "rule of 90" or the "rule of 85" provisions of the Pubiic Employees Retirement Association (PERA). The "rule of 90" criteria shall also apply to empioyees covered by a public pension plan other than PERA. B. The employee must be voluntarily separated from Ciiy employment or have been subject to sepazation by layoff or compulsory refirement. Those emgloyees who aze discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the Ciry severance pay program. � -IS- ARTICLE 15 - SEVERANCE PAY (Continued) C. The employee musi have at least ten (10) years of consecutive service under the ctassified or uncIassified Civil Service at the time of sepazation. . D. The employee must file a waiver of reemploytnent with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type), with the City. E. The empioyee must have accumulated a minimum of sia�ty (60) days of sick leave credits at the time of his/her sepazation from service. 15.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance gay 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 leave subject to a maximum of $6,500. 15.4 For the purpose of this severance program, a death of an employee shall be considered as separaiion of employ ment, and if the employee would have met alI of the requirements set forth above, at the time of his or her death, payment of the severance pay will be made to the employee's esiate or spouse. I5.5 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 15.6 This se��erance pay program shall be subject to and govemed by the provisions of City Ordinance No. l 1490 except in those cases where the specific provisions of tivs article conflict with said ordinance and • in such cases, the provisions ofthis articte shatl control. 15.7 The provisions of this articte shall be effective as of May 3 2, 1984. 15.8 Any emptoyee hired prior to May 31, 1984 may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by Ciry Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this article or the ordinance shali constitute a baz to receiving severance pay from the other. 15.9 For empIoyees appointed to a title covered by this Agreement on or after May 1, 1989, the Employer shall provide only the severance pay program as set forth in 15.10 through 15.14. 15.10 To be eligible for the severance pay program, an empioyee must meet the following requirements: A. The employee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement. Those employees who are dischazged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the City severance pay program. r� L� -19- ARTICLE 15 - SEVERANCE PAY (Continued) C�$ 5�� B. 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 al1 claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. C. 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. I5.11 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of segaration for each day of accrued sick leave sub}ect to a ma�cimum as shown below based on the number of yeazs of service in the City. Yeazs of Service with the City At Least 20 21 22 23 24 25 Maximum Severance Pay 5,000 6,000 7,000 8,OOQ 9,000 10,000 15.12 Foz the purpose of this severance program, a death of an employee shall be considered as separation of • emplo}�ment, and if the employee would have met all of the requirement set forth above, at the time of his or her death, payment of the severance pay shall be made to the employee's estate or spouse. 15.13 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 15.14 This severance pay program shall be subject to and govemed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control, I5.15 Notwithstanding Article 15.9, employees appointed prior to May l, 1989 to a title covered by this agreement who meet the qualifications as defined in articles 15.10 and 15.11 may elect to draw severance pay under the provisions of 15.11. However, an election by an employee to draw severance pay under article 15.11 shall constitute a bar to drawing severance pay under any other provision set forth in this Agreement. 15.16 Employees appointed on or after May i, 1989 to a titie covered by this agreement sha11 not be eligibie for any severance pay provisions other than the provisions as set forth in articie 15.9 thiv 15.14. 15.17 Time with Schoot District 625 shall not be used to qualify for the benefits in this Article for employees hired after January 1, 1997. . - 20 ARTICLE 16 - WAGES 16.I 16.2 The basic hourly wage rates as estabIished by Appendix A shalt be paid for aII hours worked by provisional, regulaz and probationary employees. 'The basic hourty cvage rates in Appendix A reflect the folIowing increases: Effective 04-26-97 Effective 12-06-97 Effective 06-06-98 Effective 16-24-98 Beginning of payperiod closest to 04-30-99 Beginnin$ of payperiod closest to 06-01-99 Beginning ofpayperiod closest to 11-01-99 ARTICLE 17 - SAVINGS CLAUSE 2.0% increase 0.5% increase 2.0% increase 0.3% increase 0.2% increase 2.0% increase 0.5% increase 17.1 This Agreement is subject to the laws of tlte United States, the State of Minnesota, and the City of Saint PauT. In the event any provision of this Agreement shall hold to be contrary to law by a court of competent jurisdiction from whose finat judgmenf or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. ARTICLE 18 - JURISDICTION 18.1 Disputes concerning work jurisdiction beriveen and among Unions is recognized as an agpropriate subject for determination by the various Unions regresenting employees of the Employer. 18.2 In the event of a dispute concerning the performance or assignment of work, the Unions involved and the Employer shall meet as soon as mutually possible to resoIve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employei s basic right to assign work. �� 183 Any employee refusing to perform work assigned by the Employer shall be subject to disciplinary action as provided in Article 7(Disciplinary Procedures). 18.4 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. 18S The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to Employers who quaIify in accordance with Ordinance No. 14013. �� — -21- ARTICLE 19 - SICK LEAVE G)$ �rl 6 I 19.1 Sick ]eave shail be eamed and granted in accordance with the Civil Service Rules. The ac�rual rate for � eligible employees shall be .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave without pay may be granted in accordance with the provisions of Section 20H of the Civil Service Rules for a period up to but not to exceed three years. 192 In the case of a serious iliness or disability of an employee's child, parent or household member, the head of the department shall grant leave with pay in order for the employee to care for or make arrangements for the caze of such sick or disabled persons. Such paid leave shall be drawn from the employee's accumulated sick leave credits. Use of such sick leave shall be limited to 40 hours per incident. 14.3 Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, may be granted one da}' of sick leave to attend the funeral of the employee's grandpazent or grandchild. 19.4 Pregnant employees of the City of Saint Pau] shall be eligible for the use of paid sick leave and unpaid leave of absence in the same manner as any other disabled or ili City empioyee. Such paid sick leave eligibility shall begin upon certification by the employee's attending physician that the employee is dasabled in terms of her ability to perform the duties of her position. 19.5 The head of the Department or the Human Resources Director may require a physician's certificate or additional ceztificates at any time during an employee's use of sick leave for the purposes stated in 19.2 above. A11 such certificates sha11 be forwarded by the appointing officer to the Human Resources Office. • If an employee is absent because of the provisions of Article 19.2 above for three or fewer calendaz days he/she shall submit to the head of the Department a certificate signed by the employee stating the nature of the child, parent or household member's sickness. If the sickness continues for more t2�an three calendar days, no further sick leave shall be granted unless or until a physician is consulted. The sick leave may be continued from and include the day of consultation, but only if a certificate signed by the physician certifying to the nature and period of the person's sickness is submitted and approved by the head of the department and forwarded to the Human Resources Office. 19.6 No sick leave shall be granted for the above reasons unless the employee reports to hishaer department head the necessity for the absence not later than one-half hour before hislher regulazly scheduled time to report for work, unless he/she can show to the satisfaction of the department head that the failure to report was excusable. 19.7 An employee sha11 be paid under the provisions of this paragraph oniy for the number of days or hours for which he/she would normally have been paid if he/she had not been on sick leave. 19.8 The provisions of this Article 19 shall not apply to employees working in the titles of Goif Ranger or Park Aide. � -22- ARTICLE 20 - PARENTAL LEAVE 20.1 Materniry Leave. Matemity is defined as the physical state of pregnancy of an emptoyee, commencing � eight (8) months before the estimated date of chiidbirth, 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 ernployee 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 (1) yeaz. 20.2 School Conference Leave. An employee shal2 be granted up to a total of sixteen (16} fiours during a school year to attend school conferences or classroam activities related to the employee's chiid, provided the conferences or classroom activities cannot be scheduled during non-work hours. When the teave cannot be scheduled during non-work hours and the need for the leave is foreseeable, the employee must provide reasonable prior noYice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the Employer. An employee shall be allowed to use vacation or compensatory time for this ]eave; otherwise, ttus leave shall be without pay. ARTICLE 21 - LEGAL SERVICES 21.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, ihe Employer shall defend, save hazmless and indetnnify an employee, and/or his/her estate, against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission in the perFormance and scope of the employee's duties. ARTICLE 22 - STRIKES, LOCKOUTS, WORK INTERFERENCE • 22.1 The Unioas and the Employers agree that there shall be no strikes, work stoppages, slow-downs, sit down, stay-in, or other concerted interference with the Employer s business or affairs by any of said Unions and/or the members thereof, and there shall be no bannering during the e�ustence of this Agreement without first using ali possible means of peaceful settlement of any controversy which may arise. a -�- ARTICLE 23 - DEFERRED COMPENSATION �. . � •♦ 23.1 Beginning 3anuary I, 1999, employees who have completed ten (10) through nineteen (19) years of • service with the City of Saint Paul and who meet the eligibility requirements listed below shaIl be eligible for $7.66 bi-weekly ($200.00 per year) for Deferred Compensation paid bp the Employer on a dollaz for dollar match. Years of service shall be determined by date of hire. 23.2 Beginning January 1, 1999, employees who have completed twenty (20) yeazs of service with the City of Saint Paul and who meet the eligibility requiremer�ts listed below shalI be eligible for $15.33 bi-weekly ($400.00 per year) for Deferred Compensation paid by the Employer on a dollaz for dollar match. Years of service shall be determined by date of hire. 233 Eligib3lity Requirements: A. Eligibility will be determined in September of each yeaz. B. Employees cannot have been on lay off in the previous 1 Z months. C. Eligible employees who experience a lay off must requalify through a and b above. ARTTCLE 24 - TERMS OF AGREEMENT 24.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties • aRer the exercise of this right aze fully and completely set forth in this Agreement. Any and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this Agreement are hereby superseded. In those areas where Civil Service Rules aze not inconsistent with this Agreement, the Civil Service Rules shall continue to be in effect. a000 24.2 Except as herein provided this Agreement shall be effect e as of the date it is executed by the parties and shall continue in full farce and effect thru April 30,°�H; and thereafter until modified or amended hy mutual agreement of the parties. Either party desiring to amend or modify this Agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. . -24- A.RTICLE 24 - TERMS OF AGREEMENT (Continued) �g 56$ 243 This constitutes a tentative agreement between the parties which will be recommended by the City • Negotiator but is subject to the approval of the Administration of the City, the City Council and is also subject to ratification by the Unions. WITNESSES: CITY OF SAINT PAUL BY: _ �l� , Ma�g . Keamey Director, Labor Relations DATE: bl �` �� i . TRI-COIJI3CIL BY: �� .c� Business Rep., Local 120 DATE: � " � y� BY`\� O�� Business Manager, Local 132 DATE: G—.r--�� : Business Rep., Local 132 DATE: BY: �� Business Rep., Local 49 �• = .�1!�,�1.� ':I�i %!�% / : , ,. DATE: -25- APPENDIX A q8-5a$ The hourly wage rates for provisional, regulaz and probationary employees working in the classes listed below aze as shown: r� GROUP A Effective on the following dates: 4-26-97 12-6-97 6-6-98 10-24-98 April 99 June 99 Nov 94 2.0% 0.5% 117198 2.0% 03% 7/1/99 02% 2.0% 0.5% Bridge Crew Leader 17.29 17.38 17.6$ 18.03 18.d8 18.17 S 823 18.57 18.66 BridgeMain. Worker 76.62 16.74 17.00 1734 1739 17.48 17.5] ]7.86 17.95 Csrounds Crew Leader 17.16 17.25 17.60 17.65 17.69 17.73 18.08 18.17 Labor Crew Leader 17.16 17.25 17.6� 17.65 17.69 17.73 18.08 18.17 Pazks Worker 16.49 16.57 16.90 1695 16.99 17.02 17.36 17.45 •Public Works Laborer 16.49 16,57 16.90 16.95 16.99 17.02 17.3b 17.45 SewerCrewLeader 78.17 18.26 18.63 38.69 18.73 18.77 19.15 19.25 YSewerMaintenance 1b.80 1b.88 7722 1727 17.37 1734 17.64 77.78 Laborer Sewer Services Warker 16.80 16.SS 17.22 17.27 1731 17.34 17.69 17.78 StoresLaborer ]6.49 16.57 16.90 1695 16.99 17.02 1736 17.45 Street Services Worker 16.49 16.57 76.90 16.95 16.99 17.02 3736 17.45 'Unskilled Laborer 16.49 16.57 16.90 16.95 16.99 77A2 17.36 ]7.45 Water UW I 16.49 16.57 16.90 36.95 16.99 17.02 1736 17.45 Water UW II 16.69 16,77 17.11 17.16 ll.20 ]7.23 17.97 18.00 5(1l94: I 7.56 Water SW 1 16.80 16.88 17.22 17.27 17.37 17.34 19.69 1'7.78 Water SWII 77.b0 17.69 18.04 18.09 18.13 18.77 I8.53 18.62 Water-Control Desk 17.65 17.74 18.09 18.14 18.18 18.22 38.58 ]8.67 `This title is abolished except as to present incumbenu. r - A1 - Agpendix A (Continued) Group A(Continued) 4-26-97 12-6-97 6-6-98 10-24-98 Apri199 June 99 Nov 99 Z.0% 0.5% 2.0% 0.3% I/I/99 0.2% 2.0% 0.5% Golf Ranger First 500 Hours 5.84 5.87 5.94 6.01 6.02 6.14 6.17 Second 500 Hours 6.42 6.45 6.58 6.60 6.61 6.74 6.77 Th'ud 500 Hours 6.96 6.99 7.23 7.15 7.26 7.30 7.34 Fourth S�O+Hours 7.53 '7.57 7.72 7.74 �.76 'J.92 7.96 Pazk Aide First 500 Houzs 6.69 692 6.85 6.87 6.88 7.02 7.06 Second 500 Hoars 7.26 730 7.45 7.47 7,48 7.63 7.67 Third 500 Hours 7.80 7.84 8.00 8,02 8.04 5.20 8.24 Fourth500+Hours 8.37 8.41 8.58 8.bt 8.63 8.80 8.84 Gazden Laborer Start ] 5.24 15.32 15.63 15.68 ] 5.71 ] 6.02 16.10 Afrer Six Months 15.68 15.76 16.0$ 16.13 16.16 16.4$ 16.56 Gardener Starc 16.16 16.24 16.56 16.61 16.64 16.97 17.05 ARer Six Months t6.49 16.57 16.90 16.95 16.98 17.32 17.41 'Grounds worker Start ] 5.54 15.62 15.93 15.98 ] 6.02 ] 6.05 I6.31 16.45 Afrer Six Months 15.97 ] 6.05 1637 I6.42 16.46 16.49 16.82 16.90 `Groundsworker - Wazer Utility Start 15.54 15.62 15.93 15.98 16.02 16.05 16.37 16.45 After Six Months ] 5.97 16.05 ] 6.37 16.42 16.46 16.49 16.82 ] 6.90 'This title is abolished except as to present incumbenu. � u i -�- Appendix A (Continued) �� JJ�� GROUP B 4-26-97 12-6-97 6-6-98 ]0-24-98 Apri199 2.0% 0.5% 2.0% 03% 02% •Tractor 16.47 16.55 ]6.88 I6.93 16.96 Opemtor ] This title is abolished except as to present incumbents. GROUF C 5!1/99 7 7.25 Sune 99 2.0°10 7 7.60 Nov 49 0.S% 17.b9 � � �� _ J 4-26-97 12-6-47 6-6-98 10-2498 Apri194 June 99 IQov 94 2.0% 0.5% 2.0% 03°10 Q.2% 5f1l49 2.0% Q.5°/u Asphalt Plant Operator J 9.56 19.66 20.05 20.13 20.15 20.55 20.65 Heavy Equip. Operator 19.56 14.66 20.45 20.11 20.15 20.55 2D.65 Heavy Equip Oper/Asphalt 19.Sb 19.6b 20.05 20.11 20.15 20.55 20.65 Plant Heavy Equip. OperlWater 19.56 19.66 2�.05 20.11 20.15 20.55 20.65 Utiliry iet Sewer Cleaner Oper 19.30 19.20 79.58 19.6A 19.68 20.15 20.55 20.65 Paving Breaker (Hydra 19.56 19.66 20.Oi 2D.1 I 20.15 20.32 20.73 20.83 Hammer/Tamper) *Power Clam Operator 19.56 19.66 20.05 20. ]] 20.15 20.55 20.65 Revo]ving Power Equip 19.82 79.92 2032 20.38 20.42 22.67 23.12 23.24 Operator `This title abolished except as to present incumbents. ' `�i• � 4-26-97 12-6-97 6-6-98 10-24-48 Apri199 lune 99 Nov 99 2.0% 0.5% 2.0% 03% 1(I/99 0.2% 2.0% 0.5°l0 �•DriverOperaror 16.49 16.57 ]6.90 1b.95 16.99 37.02 3736 17.45 'This title abolished except as to preseni incumbents. Note: Effective 5/1198, $.25 shall be added to the above rates per "Premiums, Subd. T' page A5. GROUP E 4-26-97 12-6-97 6-6-98 10-24-98 April 99 June 99 Nov 99 2.0% 0.5% 2.0% 03% 0.2% 2.0% 0.5°/a Forestry Crew Leader ]9.37 14.47 ]4.86 19.92 19.96 20.36 20.46 � Tree Worker 77.62 17.17 38.06 78.11 18.35 18.51 18.60 'f�- Appendix A (Continued) GROUP B 4-26-47 12-6-97 6-6-98 10-24-98 April 49 June 99 Nov S 2.0% 0.5% 2.0% 03% 0.2% 5/1/99 2.0% 0.5°/ 'Tractor 16.47 16.55 16.88 16.93 16.96 17.25 17.60 .69 Operator I *T'his title is abo3ished except as to present incumbenu. GROUP C 4-26-97 12-6-97 6-6-98 10-24-98 2.0% 0.5% 2.0% 03% Asphalt Plant Operator 19.56 19.66 20.05 20.11 HeavyEquip.Operator 59.56 19.66 20.05 20.7 Heavy Equip Oger/Asphalt 19.56 19.66 20.05 2.11 P{ant Heavy Equip. Oper(Water 19,56 19.66 20.05 24.11 Utility let Sewer Cleaner Oper 14.1� 14.20 ]9 8 19.64 Paving Breaker (Hydra 7 9.56 19.66 0.05 20. ] 1 HammerlTamper) 'Power Clam Operator 19.56 19.66 20.05 20.11 Revoiving Power Equip ]9.82 19 2 2032 20.38 Operator * This fit)e abolished except as to present in mbents. �18-�a� ri149 June 99 Nov 99 .2% 5!1/99 2.0% 0.5% 20.15 Z0.55 20.65 20.15 20.55 20.65 20.15 2�.55 20.65 2Q.15 20.55 20.65 19.68 20.15 20.55 20.65 20.15 20.32 20.73 20.83 20.15 20.55 20.65 20,42 22.67 23.12 23.24 GROUP A 4-26-97 12-6-97 6-6-98 1 Q-24•98 April 49 lune 99 Nov 94 2.0% 0.5% 5/1J98 2.0% 03% lll/99 02% Z.0% 0.5% `DriverOperator 16.49 16.57 16.82 17.16 17.21 17.25 17.28 t7.63 ]7.72 'This title abolished exce as to present mcumbenu. Forestry Cr Leader Tree Wo er GROUP E 4-26-97 12-6-97 6-6-98 10-24•98 Apri199 June 99 Nov 99 2.0% 0.5% 2.0% 03% 0.2°/a 2.0% 0.5% 19.37 19.47 19.86 19.42 19.96 2036 20.46 17.62 1�.71 ]8.06 ]8.]1 15.15 I8.51 lS.6D ' � ' Appendix A (Contiaued) The City agrees that if a classification study ofthe Bridge Maintenance Worker or Bridge Crew Leader title results in a proposed increase, the City witl impiement such increase retroactive to the date of tfie completed job � profile. PREMIUMS A. Emptoyees required to work eight (8) feet or lower 6eneath ground shaiI receive three percent (3%) per hour above the regular base hoar�y rate for each hour or any part thereof worked in such an assignment. This provision shall not apply to employees working under the titles of Water System Worker I or Water System Worker II. Effective May 1, 1999, This premium shall increase to 3.5%. B. A premium pay of fifty-cents ($.50) per hour shall be paid for ail swing stage work, such as work performed from a boatswain's chair or a swing scaffold or hazazdous work that requires the use of a safery belt fifty (50} feet or more above the ground. All siandard safety laws shatl be complied with. C. Tree Workers assigned to the crew perfornung tree trimming duties in assisting Northem States Power Company shail receive $.50 per hour above the regutaz base rate or any part thereof worked in such an assignment. Effeciive May 5, 1998 this premium shali be four pereent (4%) per haur above the regulaz base hourly rate of a Tree Worker for each hour or any part thereof worked in such an assignment. D. Empioyees assigned the duties of Oiler Operator shal[ receive $.75 per hotu above the regulaz base rate for each hour or any part thereof worked in such an assignment. E. Street Services Workers, Parks Worker or Water UtiliYy Workers I assigned to perform duties of an *Asphalt Raker shall receive $.45 per hour above ihe regular base rate for each hour or any part Thereof worked in such assignment. F. Sueet Services Workers or Water Utility Workers I assigned to perform duties of an'Tacman(Tamper shall receive $.50 per hour above the regular base rate for each hour or any part thereof worked in such assignment. An additional $.20 per hour shall be paid for assigrunent to the duties of *TacmanlTamper. This is in lieu of any clothing allowance and shail be paid only for hours worked perfomung such duties. G. Any Parks Worker/*Grounds Worker assigned to operate a 580-D or a rotary grass cutting machine having a cutting width of over I S feet shall receive $.45 per hour above the regular base rate for each hour or any part over one fourth hour actually worked in such an assignment The regulaz operators of the 580-D equipment from previous seasons will be considered first for these assignments. For new openings, the Division will post the opening and take the senior quatif ed candidate. However the Division does not waive its righis to assign gremium pay positions to less senior employees if it deems it necessary. This premium does not include reel mowers or 7-gang mowers. H. Pazks Workers or Grounds Workers assigned to an abatement crew on a summary abatement deemed to be hazardous by the Heatth Department Inspector and PED summary abatement supervisor and requiring the use of special protective clothing shall receive $.60 per hour above the regular base rate for each hour or any part thereof worked in this assignmenY. Effective January 1, 1999 upon completion of uaining. - -A4- Appendix A (Continued) C�$ �� I. *Driver-Operators and Street Services Workers assigned to drive tandem trucks, or required to drive • lowboy, truck trailer, or show mobile, shall receive $.25 per hour above the base rate for each hour or any part thereof worked in such an assignment. Effective Apri130, 1998 this paragraph is deleted. Effective May 1, 1948 Street Services Workets and Parks Workers assigned to drive tandem trucks, or required to drive lowboy, truck trailer, or show mobile, shall receive $.25 per hour above the base rate for each hour or any part thereof worked in such an assigzunent. *Driver Operators and Street Services Workers paid as `Bid Drivers" as def ned under the provisions of Appendix D, A3 are not eligible for this premium. J. Street Services Workers who are selected as "Bid Drivers" under the provisions of Appendix D, A3. and Driver Operators shall have the base pay increased by $.25 per hour. Effective May I, 1998. PREMIUMS DELETED JANUARY 1,1999: K. Employees assigned to operate a Chipping Hammer shall receive $.25 per hour above the regular hase rate for each hour or any part thereof worked in such an assignment. Effective January 1, 1999, this premium is deleted. L. Bmployees to operate a Chain Saw, except employees working under the title of Tree Worker shall receive $.25 per hour above the regular base rate for each hour or any part thereof worked in such an assignment. Effective January 1, 1999, this premium is deleted. �vl. Employees assigned to perform the duties of a Tender for a Bricklayer or Blocklayer, or brick/paving setter shall receive $.20 per hour above the regular base rate for each hour or any part thereof worked in such an assignment. Effective January 1, 1999, this premium is deleted. N � Any *Groundsworker or Water Shed Laborer (now titled Water Utility Worker II) assigned to operate a Chipping Machine shall receive $.25 per hour above the regular base rate for each hour or any part thereof worked in such an assignment. Effective January 1, 1999, this premium is deleted. Emplo}=ees assigned to operate a Jackhammer, shall receive $25 per hour above the regular base rate for each hour or any part thereof worked in such an assignment. Effective January 1, 1999, this prem3um is deleted P. Employees assigned to operate a Mortar Mixer, shall receive $.20 per hour above the regulaz base rate for each hour or any part thereof worked in such an assignment. Effective January i, 1999, this premium is deleted. Q. Any regularly appointed *Driver-Operator assigned to operate any of the equipment covered by the abolished class titles listed below shall receive $.03 per hour above their regulaz base zate for each hour actually worked in such an assignment. Effective January 1, 1999 this premium is deleted. *Air Compressor Operator *Bituminous Curb Machine Operator , *Mixer Engineer *Roiler Engineer (under 6 tons) *Tractor Operator I -AS- APPENDIX B �,. . � �• Temporary employees shall be paid ninety percent (90%) of the appropriate wage rates established by the Highway and Heavy Agreement then in effect between the Unions and the Associated General Contractors of Minnesota �AGC). Appropriate AGC fringe benefit contribufions shall also be paid to the jointly trusted funds. Effective upon ratification of the contract. 1 • . The hourly rates for temporary Employees working in the classes listed below aze as shown: Bridge Maintenance Worker Water System Worker I Utility Worker I Parks Worker Sewer Services Worker Street Services Worker Effective 4/26/97 Effective 6/6/98 16.92* 16.92* 16.92* 16.92* 16.92* 16.92* 17.61* 17.61* 17.61 * 17.61* 17.61 * 17.61 * Effective April 1999 �s* *** a»* *** :*� *�* The hourly wage rates for temporary employees working in ciasses listed below shall be the same as the wage rates applicable to provisional, regulaz and probationary employees working in said classes as shown in Appendix A: Garden Laborer Gardener For temporary Employees working in the classes listed above the following fringe benefit contributions shall be made to the Minnesota Laborers' Fringe Benefit Fund: Health and Welfaze Pension Vacation** Training LECET Effective 4/26197 $2.54 $2.25 $1.30** $ .15 $ .06 Effective 6/6/98 $2.66 $230 $136** $ .17 $ .06 *This rate inciudes the tasable vacation contribution. *�This contribution is tasable. Effective April 1999 *** *** *** �:* **�x ***These rates were not available at the time of the contract being signed. : Appendiu B (Continued} 2. The hourly rates for temporary Empioyees working in the classes listed below aze as shown: Heavy Equipment Operator Revolving Power Equipment Operator r 1 LJ The hourly wage rates for temporary Employees in the classes listed below sha11 be the same as the wage rates applicable to provisional, regular and probarionary Employees working in said ciasses as shown in Appendix A. Tree Worker For temporary Employees working in the classes listed above the following fringe benefits shali be made to Funds designated by NOE, Loca149: Effective Effective Effective 4/26/97 6/6/98 ApriII999 19.14 19.82 20.54 19.41 20.09 20.81 Effective Effective 4/26/97 6/6/98 HeaIth and Welfaze Pension Training $ 3.10 $3.50 $ .15 $3.15 $3.60 $ .15 Effective April 1999 $3.15 $3.70 $ .15 The hourly wage rates for temporary EmpIoyees in the classes listed below shall be the same as the wage• rates applicable to provisional, regular and probationary Employees working in said classes as shown in Appendix A. *Driver Operator 4. Regulaz Employees who aze laid off and then called back in to work on a temporary basis shall receive the regular rate of pay as shown in Appendix A for such titles worked and shall continue to eam and accrue Ciry benefits for such hours worked. 5. For temporary Employees working in titles listed in this Appendix "B" whose length of service and eamings require that they be subject to Public Employees Refirement Association contributions, the rate of pay shall be the rate shown in this Appendix "B" for suck riUe divided by 1.0518. 6. If the union elects to have the fringe benefit contributions listed in this Appendix "B" increased or decreased, the Employer may adjust the applicable rates accordingly. C_ -B2- APPENDIX C �e following are special provisions for *Driver-Operator seniority: qS sa� All *Driver-Operators hired subsequent to July 1, 1970, except the six who were hired with the promotion rights from the Apri17, 1975 eligible list by departments other than Public Works, will be laid off at the end of December 1, 1978. Subsequent to December 1, 1978, the Public Works Departrnent shall hire from the layoff list all *Driver-Operators who will be needed throughout the City for the remainder of the yeaz. Subsequent to December 1, 1978, all reinstatements and new appointments will be made to the Public Works Department. Department or division promotion rules shall not apply to the classification of *Driver-Operator. Any *Driver-Operator taking an examination on a promotional basis for any othex title shall be considered a promotional candidate in the department in which he/she is working on the date of the examination regardless of the fact that such employee appears as *Driver-Operator on the Pubiic Works Department payroll. In the event that such employee is transferred to another department after the date of the examination, such employee shall be considered a promotional candidate in the deparhnent to which he/she is � transferred. No change in assignment shall be made prior to the date of the examination for the purpose of changing the department in which the employee qualifies as a promotionai candidate under this article. Employees appointed from the promotion list of the March 3, 1978, Truck Driver examination shall have *Driver-Operator seniority in the same order as the order in which their names appear on the promotional eligible list from which they were appointed. This does not apply to employees appointed from this list to the Board of Education. . - Cl- APPENDIX D � � l �� The following are generai policies regazding seniority for personnel permanently assigned to the Department of Public Works Street Maintenance and Sewer Maintenance Divisions and the Division of Parks and Recreation � the classifications of *Driver-Operator, Laborer, Street Services Worker, Heavy Equipment Operator, Sewer Services Worker, Groundsworker, Pazks Worker, Tree Trimmer II, Power C1am Operator and Tree Worker. These general policies will be followed when making job assignments to qualified employees. The productivity needs of the utilizing division may be considered when making job assignments. A. Department of Public Works Class seniority in the *Driver-Operator and Laborer titles shall take precedence over the Street Services Worker and Sewer Services Worker titles for all work assignments. This includes Heavy Equipment Operators who also hold the title of *Driver-Operator and who aze reduced to the title of *Driver-Operator. • � c. d. 2. Class seniority in the titles of'Driver-Operator and Street Services Worker shail be used to make temporary job assignments for Heavy Equipment Operator positions in the Street Maintenance Division. The Division shali identify the number ofprimary Driving Jobs needed each year by May 1, or after the full spring call back, whichever comes first. The primary Driving Jobs not assigned to *Driver Operators shall be bid using Class Seniority with empioyees holding the title Stteet Services Workers. The Street Service Workers selected shall be referred to as "Bid Drivers" and shall be assigned by seniority. #Driver Operators and "Bid Drivers" sha11 have their base pay increased by $.25 per hour. "Bid Drivers" will hold that designation and pay for one (1) yeaz until the next annual � bid is implemented. "Bid Drivers" will not be on Street Service Workers Overtime lists If laid off during ihe Winter lay off, "Bid Drivers" will be called in prior to Street Services Workers when there is a need for driving jobs. 4. Assignment to a shift eligible for shift differential premium pay shall be made based on class seniority. Senior employees in the affected class shall not be required to accept such assignment if there are employees in such class with less class seniority. Regulaz assignments to the night shift or weekend shiR shail be bid seasonally by seniority. Winter season bids shall be made between October 15th and November 15th each yeaz. Summer season bids shall be made after the full spring call back.The hours of each shift shall be defined on the bid sheet. Empioyees assigned a shift by seniority shall remain on that shift for the duration of the season, unless the shift is discontinued or mutually agreed to by the employee and the Department. The complaint assignments shail be exempt from these provisions and shall be at the discretion of the empioyer. . - D1 - Appendix D (Continved) A. Departmeni of Public Wori:s (Continaed) 6. Temporary vacancies on a shift shail be made by upgrading the senior eligible employee on the � shift, who holds the title for the assignment. Should additionat assignments become necessary, they shal] be made by classification seniority from a temporary vacancy list. An employee may add or remove his/her name from this vacancy list at any time. If a temporary vacancy cannot be filled from the vacancy list, the position w111 be fi2ted from the master senioriry list. B. Division of Parks and Recreation Class senioriry in the Crroundsworker and *Driver-Opemtor tit]es shall take precedence over the Parks Worker title in filling Groundsworker and *Driver-Operator positions respectively. In the event of a Iayoff in the title of Groundsworker or in the titte of Pazks Worker, for empIoyees who are certified to the title of Groundsworker and who are then certifted to the new titie of Parks Worker, their seniority in the tiUe of Groundsworker shall prevail. 2. Class senioriry in the Tree Trimmer II and Power Clam Operator titles shall take precedence over Tree Worker Utle for assignment to Tree Trimrner II or Power Clam Operator duties respectively. In the event of a layoff in the title of Tree Trimmer II or in the tifle of Tree Worker, employees who aze certified to the titIe of Tree Trimmer II and who aze then certified to the new titie of Tree Worker, their seniority in the title of Tree Trimmer II shall prevail. Assignment to a shi8 eIigible for shift differentiai premium pay sha11 be made based on ciass senioritv. Senior employees in the affected class shall not be required to accept such assignment. if there are employees in such class with less seniority. 4. a. The Pazks Division agrees to request a*Driver-Operator from the Ciry-wide *Driver- Operator seniority list to fiil behind a*Driver-Operator absent from his/her position in the Pazks Division in cases where the City has reason to believe that the absence will be for five (5} working days or longer. b. Both parties agree that the Employer is not required to follow the procedure in Item A above when the vacant position requires the handling of the "Snowmobile" or other pieces of equipment that requires special training andlar experience. c. The Union and Employer agree that in the event of a sepazation of employment of the current *Driver-Operators in the Parks Division, the decision to refill those affected positions and the decision of the appropriate ciass with which to refill the affecYed position subsequent to the sepazation of employment shall be made solely by the Employer. � -D2- Appendix D (Continued) B. Division of Parks and Recreation (Continued) • 5. Assignment to the N.S.P. CREW will be based on following: s� �� a. Vacancies in the Forestry NSP Crew will be filled by certified line cleazance tree trimmers who have satisfactory or higher performance ratings for at least the preceding yeaz and have no medical restrictions that lunit the employee's abiliry to perform the essential funcfions of the work required of the NSP crew. A pasirive drug(alcohol test wiil disqualify a crew member for a period of one yeaz from date of test. b. A list of Tree Workers interested in working on the NSP crew, who meet the minimum qualifications, will be solicited annually. The senior tree worker(s) on the sign-up list will be assigned to the NSP crew. If the selected Tree Worker turns down an opening, hislher name will be moved to the bottom of the list for future openings for the annual sign up period. c. NSP crew members will remain on the crew until they notify the supervisor they want a change, no longer meet the minimum qualifications; or are replaced by a more senior tree worker under the annual sign up procedure. C. Water Ufiiity The fol3owing procedutes will be used to determine the selection of personnel for overtime work • assignments. The selection of-personnel will vary somewhat due to varying circumstances. This policy shall apply to all bazgaining unit titles. JOB ASSIGNMENTS: 1. Job assignments for members of the Tri-Council at the Distribution Division of the Water Utility will be made using the fbllowing criteria: a. Short term (less than the full winter or summer cycle) assignments will be made at managements' discretion. � b. Full term (the entire normal winter or summer cycle) assignments will be made on the basis in a given title when openings occur on a particulaz crew. If there will be an opening for a fuli cycle on a crew, management will ask those employees working the same title as that opening if they are interested in the position. This will be recorded, and the most senior employee working in that tide interested in the }ob will be given the position, provided the empioyee is qualified. Should management have valid reasons not to appoint this candidate to the position, those reasons shall be given to the candidate in writing. If no one is interested in a position, the assignment will be made to the least senior Employee regularly working that title. C� -D3- Appendix D (Continued) JOB ASSIGNMENTS (Continued) c. Definitions for this section: • l. Seniority used shall be Class Seniority per I L1B. 2. "Normal" working cycles for the Utility are late November to late March (winter ) and late March to iate November (summer). 3. An "Opening" is defined as a vacancy on a crew expected to last at least one entire cycle. d. If a short Yerm assignment is made aud the time arrives to make assignments for the next cycle, management will review the assignment to determine whether it will be considered an"opening" or not. If it is considered an opening, Secrion B shall be followed. � � -D4- APPENDIX E The following aze general policies regarding the assignment of overtime. •A. Department of Public Works i. Sewer Maintenance Division i� �, s It is the policy of the Sewer Maintenance Division to assign overtime in a way wtuch is both fair to all employees and efficient for the adminisuation of this division. In order to implement this policy the following guidelines will be used by the supervisor in chazge of setting up crews to work overtime. a. An OVERTIME Ai\'D CALL OUT SCIiEDLTLE will be maintained. Names will be listed in order of seniority. This list will be updated periodically. When people aze called from this list, they will be called by title in order of seniority with the following exceptions: 1. A person who is on sick leave will not be cal3ed unless no one else is available. 2. A person who is on vacation will not be called unless all peopie on the list who worked that day are unavailable for overtime. In the case of overtime during the weekend, those people who worked on Friday will be called first. • People paid under a certain title during the workday will be called out for overtime under ihat title. If enough laborers or service workers cannot be found or if a jet operator is needed, then people who worked a different titie that day may be calied. 4. If a supervisor gets a cali during the workday on a job that may go into overtime, helshe wi11 assign the crew that is most available at that iime ta do ihe job. 5. If a crew is on the }ob and that job has to go into overtime, that crew will work the overtime. If this happens on a Friday and it will be necessary to work during the weekend, that same crew will be called first. The only exception will be for steaming during the weekend, in which case crews will be set up by seniority. � c. � 6. All persons on light duty will be moved to the bottom of the Overtime and Cail Out Schedule. It wil] be up to the supervisor who checks out the complaint to determine what equipment is needed and to cail out a crew to complete the job. Nothing in this policy will prevent a supervisor from deviating from this poticy when, in his/her judgment, an emergency e�sts or it is in the best interest of the division to do so. - El - Appendia E (Continued) 2. Street Maintenance Division a. Week-end and Holiday overtime wiil be assigned by seniority, from a posted sign-up list. This procedure wilI be used only when a11 H.E.O., #Driver/Operators, `Bid Drivers" assignees and Street Service Workers have been assigaed to work 40 hours. The assigned crew thaY starts a job shall continue on the job, when overtime is required to finish the job. If the job requires the week-end to furish, the original assigned crew wi11 be assigned to finish the job. b. *Driver Operators, Heavy Equipment Operators, Street Service Workers or "Bid Driver" assignees temporarily assigned for more than one week to other divisions (including for this purpose, the asphait p2ant) or to other departments, shall be moved to the bottom of the Street Maintenance Division seniority list for purposes of overtime for the duration of the assignment. c. The Dispatcher w�ill take up to two {2) phone numbers for each employee to be put on the seniority list. When work is available the Dispatcher wiil start ca[Iing from the top of the seniority list. Tf�e calls wiIl be made with no waiting between calls and first to answer wil] get the work. When a message is Ieft, available work will go to the first to respond. • d. If an employee is off a day for vacation, floating holiday, or comp time, he/she will be eligibie Yo be called for overtime work that starts after the conclusion of the regulaz work day. If an employee is off a day for sick leave, he/she will not be called for overtime work until the following day, If an employee is off sick on the last day of the regulaz work week, he/she may be called for overtime work, on his/her two regn2az days off, if he/she has called in to return to . work. If that employee, is then off sick on the first day of his/her work week he/she will need a doctor's certificate to be paid for that day. B. Division of Parks and Recreation Parks Maintenance Section Overtime assignment witltin the Parks Departtnent wili be made within crews by classification seniority to employees qualified to do the work. Disputes arising from these assignments �ay be appealed up to and including Step (3) of the grievance pmcedure of this Agreement. a When overtime is reqnired and a crew does not have enough employees to cover tiie event, the supervisor wili fill the crew first using crew seniority involving employees under his/her budget authority and then wiIi have the option to choose the crew he/she deems most appropriate. b. For the purpose of this section an employee assigned to a buiIding or faciliiy alone will be deemed a crew of one. - -E2- Appendix E (Continued} 2. Forestry Section 4�� i A sign up list will be circulated prior to each weekend during the storm season. employees that will be available for emergency call out work during that weekend wi11 so indicate on the sign up sheet. Attempts will be made to call out employees in the order of their seniority, however, condit3ons may prevail that prevent this in order to provide for a response to an emergency situation. If a crew is on storm damage clean up during normal working hours, that crew may continue after the eight hour work day has ceased until the Supervisor dismisses the crew. C. Water Utility The following procedures will be used to determine the selection of personnel for overtime work assignments. The seleciion of-personnel will vary somewhat due to varying circumstances. This policy shall apply to all bazgaining unit titles. DEFINITIONS: Standard Overtime List: Weekly on-call overtime list Stand-by Overtime List: List used if the Employer can not get anyone from the standard list to report. �� OVERTIME LIST ELIGIBILITY: i. There shall be a standazd overtime list and a stand-by overtime list with the night shift and day shifts having sepazate standard overtime lists. 2. A person holding more than one title shall use his/her normal working title for the standazd overtime list and any other titles on the stand-by overtime lists. 3. A person not volunteering for the standard overtime list with hislher normal working title, may be on the stand-by list. 4. If a person is off a day for vacation, floating holiday or compensatory tune, he/she will, be eligible to be catled for overtime work that starts after the conclusion of their regulaz work day. If an employee is off a day for sick leave, helshe will not be called for overtime work untii the following day. If an employee is off sick on the last day of the regulaz work week, he/she may be called for overtime work on his/her two regu2az days off if he/she has called in to retum to work. If that employee, is then off sick on the first day of hisfher work week, helshewill need a doctor's certificate to be paid for that day. � 5. Personnel assigned to the night shift will not be on the standazd overtime list for days but may be on the stand-by overtime list. - E3 - Appendis E (Continued) QVERTIME LIST ELIGIBILITY (Continued) � 6. An overtime assignment calI-out sheet shalI be used for both day and shift overtime call outs to verify proper use of the procedures. Anyone urtentionally misusing the overtime policy shall be subject to discipline. OVERTIME LIST SELECTION PROCEDURES — DAY CREWS A person does not have to be on the votuntary siandard over[ime list, however, if a person is on the list they will be required to work when called. Catling out for overcune shall be done in a cautious and courteous manner. When calling on the phone, the caller shouId identify themseIves and state the reason why the call is being made. Overtime is important to ail and should be treated as such. The foreman should be calIed first as he has to obtain utilities. If there is any question as to the need to work on, overtime the circumstances should be discnssed with the foreman before the decision is made to call a crew. An additional 30 minutes to call the rest of the crew should be no problem. Only the Foreman, or Control Desk Worker may acivatly do the calling -- it shoutd not be delegated any further. The form shalt be completety and accurately filled in and signed by the caller. Two attempts to a m�imum of two (2) numbers, shall be made to call each person to assure that wTOng numbers, busy signals and no answers are double-checked. It is suggested that others be called while giving 10 minutes between first and second attempts. A quick response is expected to the overtime offer, so that a crew can be constructed and work will not be � delayed. During the normal work day, it is understood thaY in some cases, up to an hour may be necessary to contact, family, etc., before the decision to work can be made. However, after 3:00 PM, it is necessary to get an answer within 15 minutes so as not to delay the job as people aze leaving for the day. The individuat w�ho is "up" that week should know in advance whether or not he/she can work overtime. The foreman will, to the extent feasible, allow employees the opportuniry to make a quick phone call if necessary. The standazd overtime list wiil be used for cailing out peopie for overtime. �f the person who is up that week cannot work, the other people shaIl be cailed by rotating through the standard overtime IisY and if no one is availab]e then the stand-by overtime list will be used, except if cailing for a WtJWII or WUWI --then the night overtime list will be used, then the day stand-by list. Temgs will be used as a last resort. 2. Rules for Standb}� Overtime: Water System Worker II. After e�chausting the WS W II overtime list, proceed in the foltowing sequence: a. Go to the WSW I Standazd Overtime List. b. Go to the Rotating WSW II/WSW I Standby Overtime List. Water System Worker I. After exhausting the WSW I overtime list, proceed in the foliowing sequence: a. Go to the WSW II Standard Ovartime List. b. Go to the Rotating WSW II/WSW I Standby Overtime. - -E4- Appendix E (Continued) i. . + �� OVERTIME LIST SELECTION PROCEDURES -- DAY CREWS (Continued) • 3. Personnei wili be selected from the overtime list for emergency jobs that come in after normal worl:ing hours (main breaks, etc.) or for planned overtime }obs where no crew has previously worked on the project during normal working hours. 4. If a crew cannot complete a job in normal working hours and the decision is made to continue the job into overtime, all crew members are expected to work the overtime. If prior commitmenfs prohibit crew members from working the overtime, they may be replaced; according to #1 above however, they aze to stay on the job until their replacement arrives so as not to delay job completion. If the job will go beyond 2 hours of overtime, any HEO's not on the standazd overtime list shall be replaced at 4:00 p.m. If the job, inciuding the sireet repair crew, will go beyond 4:00 p.m., the Truck Driver (if it is not his week) shall be replaced. Those not holding the proper supervisor title shall be replaced. If possible, the Dispatcher sha11 switch drivers on jobs between 2:00 p.m. and 4:00 p.m. to allow the driver who is up to be on the overtime job. If this is not possible, the replacement driver shall begin at 4:00 p.m. with a different truck. The daytime driver shall be released when the truck is empty (i.e. if the truck is being filled the driver shal] be released after emptying at the landfill and if hauling fill to the job the driver shall be released when the fill has been dumped.) If more than one truck is needed for overtime, the overtime list shall be followed as per the above procedures. Other replacement workers will be permitted only in emergencies. � If there are multiple overtime jobs on a normal working day, the truck driver who is on hislher scheduled overtime week shaIl be switched to the job anticipated to last the longest. This shali be done when the job helshe is presently working has been completed, or at some practical point. If a crew is working on a project and the decision is made that work will have to be scheduled during overtime hours (due to shutoff complications, etc.} the crew that is on the job at that time will also work the overtime, except for the Truck Drivers, HEO's and any employee working out-of-title. They will be called off the standard overtime list. If any other members of ihe crew cannot work the overtime, the vacancy wi11 be fiiled from the overtime list. 6. If a job comes in after 2:00 and will result in overtime, it shall be at the discretion of the Superintendent or Assistant Superintendent if #3 or #4 will apply. Anyone working overtime through the night will not be allowed to work overtime the foilowing night. Temporary workers may not work more than one hour of unscheduled overtime unless no one else is available after following the overtime selection procedures defined in section 1 and 2. If a temporary worker is on a job and needs to be replaced because the job is going to last more than an hour, replacement workers will be cailed out according to sections 1&2. -ES- Appendix E {Continued) OVERTIME LIST SELECTION PROCEDURES - IIIGHT CREWS Night crews shail schedute vacation so only one emptoyee is off at a time. If a person is missing on the evening shifi and a Iazge amount of work is carried forwazd from the day shift into the evening, a day shift UWII may be kept to help cleaz up the backlog or a replacement cailed in at management's opuon (generally, this wiil depend on whether or not there aze more than 2 hours of work). The single swing shift IJWII may or may not be replaced depending on workload. Again, when and how this replacement is made will be at the option of management as above. If hvo crew members are missing from a shift, one replacement shalI be called as following from the night shift overtime list: 1} Ifthe CDW and the UWIUCDW are offthe CDW is called. 2) If the CDR� and UVJII are off, the UWIUCDW works the desk an@ a UWII is calted. 3) If the UWII/CDW and the UWII aze off, a LTWII is called. During the period from November 15th to Mazch ISth, it may be necessary to replace both employees (all three if all are off) depending on workioad on the late and weekend shifts. It is managemenYs intention to maintain a three person crew during this period. This three person crew includes the evening shift Monday through Friday UWI, and late shift UW7 if so used. � If no one can be found to come in from the standazd night overtime list, a replacement shaIl be sought from the � day standazd overtime list, before going to the night standby list. The night crew overtime list shalI rotate as used. DISTRIBUTION DIVISION OVERTIME POLICY: The foIlow•ing procedures will be used to determine the selection of personnel for overtime work assignments. "F�e selection of personnel will vary somewhat due to circumstances, This policy shail appty to ali tities. New lists will be established in, March, July, and November of each yeaz in order by senioriry and rotated by four months. OVERTIME POLTCY FOR THE THAWING RIGS: In the event it is necessary to work overtime to thaw frozen services, the following policy will apply: t) The crew will consisY ofone Water 5ervice Supervisor (WSS), one Heavy Equipment Operator (HEO}, one Utility Worker II(LTWII), and one Uriliry Worker I(UWI). 2� If it is necessary to continue working the rig after working a reguIaz work day, the crew wiil be called off the thawing overtime list. 3) 4} For the case of starting a crew during overtime hours, the entire crew wi11 be called off the list. For either case, fhe usual rules about maximum number of hours worked consecutively will apply. � -E6- Appendix E (Continued) OVERTIME POLICY FOR THE THAWING RIGS (Continued) i, � i; • 5) The "list" will consist of ali those day employees holding the above titles who are interested in working. This list will be developed each November and will be listed in order of seniority in that title. The list will "rotate", i.e., an employee's name will be moved to the bottom of the list after working or being given an opporiunity to work. If no UWII from days is able to work, a UR�Il will be called offthe night list. OVERTIME POLICY FOR WATER DEPARTMENT SNOW PLOWING: A list of those HEO's interested in plowing snow on overtime will be developed in order of seniority by November of each yeaz. The list will rotate; each HEO will be moved to the bottom of the list after working or being given an opportunity to work. VADNAIS STATIOIrTIHIGHLAND OVERTIME POLICY: Water Utility Worker IlGrounds worker The following procedures shall be used to determine the selection of personnel for overtime work assignments. � MiVOTE: Al1 overtime will be approved by the Watershed Supervisor II. The Watershed Supervisor II wi11 ca11 personnel for overtime, Personnel will be called in for overtime based on seniority defined as combined continuous experience as a Water Utility Worker I or Grounds worker at Vadnais/I-iighland. There aze exceptionslclarifications to this rule as outlined below: (1) �2) (3) a. I�4any of the duties of the Water Utiliry Worker I's and Groundsworkers are similaz. The Grounds worker will not be called in when the overtime task involves duties exclusive to the. Water Utility Worker I title such as reservoir cleaning, conduit work and sludge field pipe work. b. Monday through Thursday: If an empioyee takes time off on a Friday or the day before a hoIiday and they make it known to the Watershed Supervisor II that they are available for overtime, they will be eligible for overtime. c. Friday or the day before a holiday: If an employee takes time off on a Friday or the day before a holiday and they make it known to the Watershed Supervisor II that they aze available for overtime, they wiil be eligibie for overtime. d. When a crew is on a job that goes into overtime, that crew will continue the job until it is suspended forthe day. Management reserves the right to operate differently from the above Water Utilitiy policies when it is deemed necessary. Every effort wiil be made to follow the above golicies. E7 MEMORANDUM OF UNDERSTANDING CIg- J c�$ - BETWEEh` THE CTTY OF SAINT PAUL AI��D THE TRI-COUI�'CIL • LOCAL 120 - LOCAL A9 - LOCAL 132 Parks LMC on Seniority The City of Saint Pau] and The Tri-Council Local 120, Local 49 and Locai l32 agree to the follow�ing: The Ciry and Tri-Council recognize that each party has specific concems in assuring that night and weekend }ob assignments be conducted equitably by Management, as long as productivity and the efficiency of operations are not adversely affected in any way. Moreover, each Department and its respective work force have unique ideas and concems. Therefore, the C'rry and Tri-Council agree that good faith considerations of these issues will occur in a Division ofParks and Recreation labor-management cooperafive committee. The committee will set a specific time period for discussing this issue, beginning no later than September 1, 1998. The committee wili adhere to the guidelines relating to structure and procedure as established by the Minnesota Bureau of Mediation Services. If no such committee • cunently exists in the department, one will be established for this specific purpose. Any joint recommendation(s) amending the ]abor agreement or a practice will be submitted to the Director of Labor Relations and the Exclusive Representative for their approval. The foliowing ground rules shall apply unless committee members agree otherwise by consensus. i. Union designated representatives, including Business Agents: two from Local 120, hvo from Local 49 and three from Local 132 . 2. Will meet a minimum of every six (6) weeks for up to eight (8) months, unless they reach resolution eazlier. 3. For discussions of seniority, the only Union members will be representatives of Tri- Council. 4. On city Time. . Parks LMC on Seniority This Memarandum o£Understanding shall not be used in any way as a binding precedent on either of the parties. WITNESSES: FOR THE CITY THE TRI-COUNCIL LOCAL 120 - LOCAL 49 - LOCAL 132 Mary . Kearney ' Director of Labor Relations DATE: ��GSS � � _ ��!G�, � Brad Slawson Business Rep., Local 120 DATE: C� — �- �cs Gerald Dietrich Business Manager, Local 132 � Business Representative, Local 132 DATE: � ��_� / `/l � / I i " � i � � • � � � � R/Q�+�- CIUG'�"'" - Dave Erickson Business Representa$ve, Loca149 DATE: ( � � • . � � MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAINT PAUL AND THE TRI-COi3NCIL LOCAL 120 - LOCAL 49 - LOCAL 132 �� . s Water IItiIity LMC on Sick Leave Use CJ The City of Saint Pau] and The Tri-Council Locai 120, Loca149 and Local 132 agree to the following: The City and Tri-Council recognize that each party has specific concems regarding the use of sick leave in the Water Utility. The Utility and its work force have unique ideas and concems that can be used to investigate and make recommendations regarding sick leave use. Therefore, the Cin� and Tri-Council a$ree that good faith considerations of this issue wiil occur in a Water Utilin� labor-management cooperative committee. The committee will set a specific time period for discussing this issue, beginning no later than December 31, 1998. The committee wil] adhere to the guidelines relating to structure and procedure as established by the Minnesota Bureau of Mediation Services. lf no such committee currentiy exists in the department, one will be established for this specific purpose. An}� joint recommendation(s} amending the labor agreement or a practice will be submitted to the Director of Labor Relations and the Exclusive Representative for their approval. The follow�ing ground rules shall apply unless committee members agree otherwise by consensus. 1. Union designated representatives, including Business Agents: two from L,ocal 120, two from Local 49 and three from Local 132 . 2. Other Unions representing employees at the i3tility will participate in the committee. 3. Will meet a minimum of every six (6) weeks for up to eight (8} months, unless they reach resoJution eazlier or unless continuing to meet will not be productive. 4. Resolution of issues will be by consensus. 5. On city Time. / Water Utility LMC on Sick Leave Use This Memorandwn of Understanding shaIl not be used in any way as a binding precedent on either of the parties. WITNESSES: FOR THE CITY �- �� Mary . Kearney ! Direccor of Labor Relations DATE: `��(1"c� THE TRI-CdUNCIL LOCAL 120 - LOCAL 49 - LOCAL 132 �� .f--�.� Brad SIawson Business Rep., Locai 120 DATE: �a-S—�1{'' �� Gerald Dietrich Business Manager, Local 132 �a�: �' S- 9�, Business Representative, Local 132 L� �iWe 4su.r.KA*��`- Dave Erickson Business Rep., Loca149 DATE: 6 �.f�R � ..��`�.�__., Business Manager, Loca149 DA�: ��sl� � n U CJ � � C �' � MEMORANDUM OF Ul\'DERSTANDING BE'TWEEN THE CITY OF SAI:tT PAITL Ah'D THE TRI-COUNCIL LOCAL 120 - LOCAL 49 - LOCAL l32 gg- �b� R'ater UtiIity Uniform LMC • The City of Saint Paul and The Tri-Council Loca3 120, Local 49 and Local 132 agree to the fotlowing: The City and Tri-Counci] recognize that each party has specific concerns regarding the selection of a uniform and development of a Uniform clothing policy far the Water Utiliry. Therefore. the City and Tri-Council agree that good faith considerations of this issue wiil occur in a�'ater Utility labor-management cooperative committee. The committee wi11 set a specific time period for discussing this issue, beginning no later than August 1, 1998. The committee will adhere to the guidelines relating to sWcture and procedure as established by the Minnesota Bureau of Mediation Serviees. If no such committee currently exists in the department, one will be established for this specific pwpose. An�� joint recommendation(s) amending the labor agreement or a practice will be submitted to the Director of Labor Relations and the Exciusive Representative for their approval. The foliowing ground rules shail apply uniess committee members agree othenvise by consensus. 1. Union designated representatives, including Business Agents: two from Loca1120, two from Loca] 49 and three from Local 132 . 2. V�'ill meet a minimum of every six (6} weeks for up to eight (8) months, unless they reach resolution earlier. 3. Resolution of issues wiil be by consensus. 4. On city Time. � Water Utility Uniform LMC This Memorandum of Understanding shall not be used in any way as a binding precedent on either of the parties. WIINESSES: FOR THE CTTY TFIE TRI-COUNCIL LOCAL 120 - LOCAL 49 - LOCAL 132 M �l e �� Director of Labor Relations DATE: 2�/�l4'� /�� ,��.- Brad Slawson Business Rep., Loca1120 DATE: � --� �ar' �� _`� Crerald Dietrich Business Manager, Local 132 DATE: � — ,�'- 9 � Business Representative, Loca1 132 l�7� �� Dave Erickson Business Rep., Local 49 DA�: �/SI�� Business Manager, Loca149 DATE: �?� t J�� • � _ r` 98 J 5a� MEMORANDUM OF UNDERSTANDING • BETWEEN THE CITY OF SAINT PAUL AND 'I'HE TRI-COUNCIL LOCAL 120 - LOCAL 49 - LOCAL 132 Selection for Training in the Streets Division • The City of Saint Paul and The Tri-Council Local 120, Local 49 and Local 132 agree to the foliowing: The City and Tri-Council recognize that each parry has specific concerns regazding the selection or deniai of an employee for a training opportunity. Therefore, the City and Tri-Council agree that upon the receipt of a written request from an employee who feels helshe was denied a training opportuniry, the Street Division will provide a written expianation of the reasons that went into the selection for the training. This Memorandum of Understanding shall not be used in any way as a binding precedent on either of the parties. WITNESSES: FOR THE CITY Mary �earney Director of Labor Relations DATE: �L la THE TRI-COUNCIL LOCAL 120 - LOCAL 44 - OCAL 132 Brad $lawson � � �� Business Rep., Local 120 DATE: � -S. �$ �..�.��_ Gerald Dietrich Business Manager, Local 132 DATE: � —.� — P� Business Representative, Local 132 DATE: �� Dave Erickson Business Repres�ntative, Local 49 r Appendix A (Continued) .� 4-26-97 12-6-97 6-6-98 10-24-98 Apri199 June 99 Nov 99 2.0% 0.5% 2.0% 0.3% 0.2% 5/1/99 2.0% 0.5% 'Tractor 16.47 16.55 16.88 16.93 16.96 1725 17.60 17.69 Operator I *This title is abolished except as to present incumbenu. GROUP C 4-26-97 12-6-97 6-6-98 2.0% 0.5% 2.0% Asphalt Plant Operator 19.56 19.66 20.05 Heavy Equip. Operator 19.56 19.66 20.�5 Heary Equip Oper/Asphalt 19.56 19.66 20.05 ] 0-24-98 Apri199 0.3% 0.2% 20.11 20.15 20.11 20.15 20.11 20. Plant Heary Equip. Oper/Water 19.56 19.66 20.05 20.11 20.15 Uti{ity )et Sewer Cleaner Oper 19.10 19.20 Paving Breaker(Hydra 19.56 19.66 Harnmer/Tamper) 'Power Clam Operator 19.56 19.66 RevolvingPowerEquip 79.82 79.92 Operator * This title abolished except as to present incumbents. June 99 Nov 99 2.0% 0.5% 20.55 20.65 20,55 20.65 20.55 20.65 20.55 � 20.65 19.58 � 19.6�/ ' 19.68 20.15 I 20.55 I 20.65 20.05 � 2g:11 � 20.15 2032 20.73 20.83 20.05 20.11 20.3 20.38 GROUP D 2Q.15 20.55 2Q.65 20.42. 22.67 23.12 23.24 4-26-97 12-6-97 6-6-98 10-24-98 April 99 June 99 Nov 99 2.0% Q.5°fo 5(1(98 2.0% 0.3°lo I(1/99 03% 2.0% 0.5% *AriverOperator 16.49 16. 16.82 17.16 17.21 17.25 17.28 17.63 ]7.72 •This title aboiished except as to p sent incumbents. GROUP E 4-26-97 12-6-97 6-6-98 10-24-98 ApriI99 June 99 Nov 99 2.0% 0.5% 2.0% 0.3% 0.2% 2.0% 0.5% Forestry Crew Lea er 1937 19.47 19.86 19.92 19.96 20.36 20.46 Tree Worker 17.62 17.71 18.06 I8.] 1 18.15 ]8.51 18.60 �18�5 �� Appendix A (Continued) The Ciry agrees that if a classification study of the Bridge Maintenance Worker or Bridge Crew Leader title results in a proposed increase, the City will implement such increase retroactive to the date of the completed job profile. PREMIUMS A. Employees required to work eight (8} feet or lower beneath ground shall receive three percent (3%) per hour above the regular base hourly rate for each hour or any part thereof worked in such an assignment. This provision shali not apply to employees working under the tifles of Water System Worker I or Water System Worker II. Effective May l, 1999, this premium shall increase to 3.5%. B. A premium pay of fifry-cents ($.50) per hour shall be paid for all swing stage work, such as work performed from a boatswain's chair or a swing scaffold or hazardous work that requires the use of a safety belt fifty (50) feet or more above the ground. All standard safety laws shail be complied with. C. Tree Workers assigned to the crew performing tree trimming duties in assisting Northem States Power Company shall receive $.50 per hour above the regulaz base rate or any part thereof worked in such an assignment. Effective May 5, 1998 this premium shall be four percent (4%) per hour above the regulaz base hourly rate of a Tree Worker for each hour or any part thereof worked in such an assignment. D. Employees assigned the duties of Oiler Operator shail receive $.75 per hour above the regulaz base rate for each honr or any part thereof worked in such an assignment. E. Street Services Workers, Pazks Worker or Water Utility Workers I assigned to perform duYies of an *Asphalt Raker shall receive $.45 per hour above the regulaz base rate for each how or any part thereof worked in such assignment. F. Street Services Workers or Water Utility Workers I assigned to perform duties of an*Tacman/Tamper shall receive $.50 per hour above the regulaz base rate for each hour or any part thereof worked in such assignment. An additional $.20 per hour shall be paid for assignment to the duties of *Tacman/Tamper. This is in lieu of any clothing aIlowance and shall be paid only for hours worked performing such duties. G. Any Parks WorkerJ*Grounds Worker assigned to operate a 580-D or a rotary grass cutting machine kaving a cutting width of over 15 feet skatl receive $.45 per hour above the regular base rate for each hour or any part over one fourth hour actually worked in such an assignment. The regular operators of the 580-D equipment from previous seasons will be considered first for these assigruaents. For new openings, the Division will post the opening and take the senior qualified candidate. However the Division does not waive its rights to assign premium pay positions to less senior employees if it deems it necessary. This premium does not include reel mowers or 7-gang mowers. H. Pazks Workers or Grounds Workers assigned to an abatement crew on a summary abatement deemed to be hazardous by the Health Department Inspector and PED summary abatement supervisor and requiring the use of special protective cIothing shafl receive $.60 per hour above the regulaz base rate for each hour or any part thereof worked in this assignment. Effective January 1, 1999 upon completion of training. � -A4- Council File # 9� o��a� Presented Referred To RESOLUTION OF SAINT PAUL, MINNESOTA Committee Date 27 1 RESOLVED, that the Council of the Ciry of Saint Paul hereby approves and ratifies the attached 2 Collecfive Bargaining Ao eement and Memorandums of Understanding between the City of Saint Paul and 3 the Tri-Council Local 120, Loca144 and Local 132. Requested by Department oE Office of Labor Relations B �.. � l�-� i Form By: Attorney for ��siodto Council � � Green Sheet # 62403 �' Approved by Iylayor: Date ,;_�� ( � `'� (� , By: : � -�� - _� � ` � ��„ _�-�,.�,�. Adopted by Council: Date �, � Adoptio,a�Certified by Council Se etary DEPARTMEA'T/OFFICE/COUNCIL: LABOR RELATIONS COATACT PERSO� & PHONE: 3[TLIE KRAUS 266-6513 MUSC BE ON COL^�CIL AGE\DA ��=.N � \r1,\°1`1� TOTAL k OF SIGNATi7RE Q�-sog D"'� IN"�'TED GREEN SHEET No.: 62403 6-8-98 � mtriai.m�re inrnncmnre ASSIGN I DEPARTh4.T'T DIR. 4 CIIYCOUNCIL � N'ISMBER 2 CTT'Y ATTORTJEY CSTY CLERIk � FOR BUDGET DIR FIN. & MGT. SERVICE DIR. i ROUTIAG 3 T4AYOR (OR ASST.) _____ i @ATE) C oNs ALL LOCATIONS FOR SIGNATURE) ncno� �QUesrEn: This.resolution approves the attached Coliective Bargaining Agreement and Memorandums of Understanding between the City of Saint Paul and the Tri-Council Local 120, Local 49 and Local 132. RECOMMENDATTONS: Approve (A) or Reject (R) _PLANNING COMMISSION ^ CIVIL SERVICE COMMISSION _CIB COMMITTEE STAFF DISTRICT CAllRT SOYPORTS W}llCH COUNCIL OS3ECTSVE? FERSONAL SERVICE CONTRACS'S MUST ANSWER THE FOLLOWING QUESTIONS: • I. Has this personlfirm ever worked under a conVact for ihis departrnent? Yes No 2. Has this personlfinn ever been a city employee? Yes No — 3. Does this persontfi�m possess a skill not normally possessed by any cuaent city Yes No Ezplain all yes answers on separate sAee[ and attach to green sheet fiR1A77NC PROBLEM, ISSUE, OPPORTONITY (Who, W6at, �i'hen, Where, Why): ADVANTAGESIFAPPROVED� An Agreement in place through Apri130, 1999. DISADVANTAGESIFAPPROVED: DISADVANTAGES IF NOT APPROVED: TOTAL AMOi7I�T OF TRANSACTION: FUNDING SOilRCE: �c,_..�.; e.�. a=a.:.- � . . .. ��..:. .,. . . ��x� � � �� COSTlREVENUE BUDGETED: ACTIVITY NUMBER: FINANCLIL INFORMATION: (EXPLAIN) OFE[CE OF LABOR RELATIONS Q 7� YS O 6 Mary K Keamey, Director ti V Interdepartmental Memorand� CITY OF SAINT PAUL LABOR RF,LATlONS 400 City Ha11 Annex u west Fo,nzh szreet Saint Pau[, Mutnesota 55702-7631 Telephone: 612 2666495 Facsimi[e: 672 292-7656 TO: Joe Reid Kim LaBathe Teddi Hayes Ron Guilfoile �,i2Gancy Anderson-Council Research �� F��$' SQ$} FROM: DATE: � Julie Kraus Labor Relations June 23, 1998 Replacing page in TriCouncil Contract It was brought to my attention that page 24 of the TriCouncil Contract needed a correction. In Article 24.2 the effective date is thru April, 2000 not April 1997. Please replace the attached page in your contract. If you have any questions please call me at 266-6513. l� cc: Dave Erickson Gerry Dietrich Brad Slawson File ARTICLE 23 - DE�ERRED COMPENSATION ��` Sts�' 23.1 Begiiuiing January l, 1999, employees who have completed ten (10) through nineteen (19) years of service with the City of Saint Paul and who meet the eligibility requirements listed below shali be eligible for $7.66 bi-weekiy ($200.0� per year) for Defesed Compensation paid by the Employer on a dollaz for dollaz match. Yeazs of service shall be determined by date of hire. 23.2 Beginniug 3anuary 1, 1999, employees who have completed riventy (20} years of service with the City of Saint Paul and who meet the eligibility requirements listed below shall be eligible for $15.33 bi-weekly ($400.00 per year) for Defened Compensation paid by the Employer on a dollar for dollar match. Yeazs of service shall be determined by date of hire. 233 Eligibility Requirements: A. Eligibility will be determined in September of each year. B. Employees cannot have been on lay off in the previous 12 months. C. Eligibie empioyees who experience a lay off must requalify through a and b above. ARTICLE 24 - TERMS OF AGREEMENT 24.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of empioyment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. Any and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the extenY they are inconsistent with this Agreement are hereby superseded. In thase areas where Civil Service Rules are not inconsistent with this Agreement, the Civil Service Rules shall continue to be in effect. 24.2 Except as herein provided this Agreement shall be effective as of the date it is executed by the parties and shall continue in full force and effect thru Apri130, 2000, and thereafter untii modified or amended by mutual agreement of the parties. Either party desiring to amend ot modify this Agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. S4L'! ARTICLE 23 - DEFERRED COMPENSATION a� -S�8` 23.1 Beginning January 1, 1944, empioyees who have completed ten (10) through nineteen (19) years of service with the City of Saint Paul and who meet the eligibility requirements listed below shall be eligible for $7.66 bi-weekly ($200.00 per yeaz) for Deferred Compensation paid by the Employer on a dollar for dollaz match. Years of service shall be determined by date of hire. 23.2 Begimiing 3anuary 1, 1999, employees who have completed twenty (20} yeazs of service with the City of Saint Paui and who meet the eligibility requirements listed below sha11 be eligible for $15.33 bi-weekly ($400.00 per year) for Deferred Compensation paid by the Employer on a dollar for dollaz match. Yeazs of service sha11 be determined by date of hire. 233 Eligibility Requirements: A. Eligibility will be determined in September of each yeaz. B. Employees cannot have been on lay off in the previous 12 months. C. Eligible employees who experience a lay off must requalify through a and b above. •�I, _il Y [� � ► � �l��i�.Y��_L�i;G 1 24.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject conceming the terms and conditions of empioyment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. Any and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this Agreement are hereby superseded. In those areas where Civil Service Rules are not inconsistent with this Agreement, the Civil Service Rules shall continue to be in effect. 24.2 Except as herein provided this Agreement shall be effective as of the date it is executed by the parties and shall continue in full force and effect thru Apri130, 2000, 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 1971. �►�� t8' - so � MEMORADUM OF UIVDERSTANDING BETWEEN THE CITY OF SAINT PAUL AND THE TRI-COUNCIL LOCAL 12� - LOCAL 49 - LOCAL 132 *Driver-Operator Wage Rates �-�- •�.�.�r.�.w.�.�� - `�,• \ The City of Saint Paul and the Tri-Council Loca1120, Loca149 and Local 132 agree to the following: The rates listed for *Driver Operator in Appendix A, page A3, Group D, are incorrect. The rates should be the same as those for Streets Services Workers in Appendix A, page Al, Group A.. The $.25 Driver Operator/Bid Driver's premium was inadvertently included in the Group D salary schedule. The $.25 for Driver OperatorsBid Drivers is handled in the Premium section, page A5, subdivision " J". Attached is the appropriate correction to Group D and with an added note to the Contract under Group D(page A3) for clarification. WITNESSES: FOR THE CITY Mary earney {- Director of Labor Relations DATE: 7 - �- S � THE TRI-COUNCIL LOCAL 120 - LOCAL 44 - LOCAL 132 C � Brad awson Business Rep., Local 120 DATE:� F:�I,ASREUCONTRACIITRICNC L\ 1997_98�IOU6. W PD 98' :So�Y June 10, 1998 CTTY OR SAINT PAUL and Tri-Council, Loca1120, Loca149, Loca1132 1997,1998 and 1999 Collecfive Bargaining Agreement Summary of Changes: WAGES: Year i:x Year 2: Year 3: 05/OU97 2.0% 06/01198 2.0% 06101/94 2.0% 12/01/9? 0.5°l0 11t01/98 0.3% 11/O1f99 .0 5% 2.5% 4!0 30f9g 0.2% 2.5% 2.5% current employees and those who have left the unit in good standing. Temporary employees will be paid 90°l0 of the AGC rate plus fringe benefits. Effective upon ratification of the contract. PAY ADJUSTMENTS: The following titles will be increased: 1. Add $0.25 to the base rate for Driver Operators and Bid Drivers. Effective OSl01l98. 2. Bridge Worker +$0.30, Bridge Crew Leader +$p30 to their base rates. Effective 01101/48. 3. Jet Rodder pay increased +$0.45 to $19.18. Effective O5J01/99. 4. Revolving Shovel, eliminate $0.25 premium and 40 minute OT. Increase base hourly rate +$z.14 to $21.57. Effective 05/Ol/99. 5. Paving Breaker i Pneumatic Tamper increased +$0.15 to $19.33. Effective OS/OU99. 6. *Tractor Operator I increased +$027 to $16.42. Effective OSf01/94. 7. Water Utility Worker II increased +$031 to $16.67. Effective 05J01f99. 8. Increase base rate on listed titles in these divisions in exchange for eliminating premiums. Bridges: +$0.09 Bridge Crew I.eader Bridge Maintenance Worker Parks: +$0 04 Grounds Crew Leader *Groundsworker Parks Worker Sewers: +$0.04 Sewer Crew Leader *Sewer Maintenance L.aborer Sewer Services Worker Effecrive 7anuary l, i999_ Streets: +$0.04 *Driver-Operator (Streets, Parks, Water) Labor Crew Leader *Public Works I.aborer Stores Laborer Street Services Worker *Unskiiled Laborer Water Utility: +$O.Q4 *Groundsworker-Wtr Uty Water Utility Worker I Water Utility Workez II Water System Worker I Water System Worker II Water Service Worker-Control Desk Note: #3-#? will be adjusted upwards to reflect salary increases from 1996 rates. �8'-.50� PREMIUMS: 1. Eliminate 8 obsolete premiums from contract. a). *Air Compressor Operator b). *Bituminous Curb Machine Opezator c). *Kettle Fireman d). *Mixer Engineer e}, *Roller Engineer (under 6 tons} fl. *5ewer Maintenance I.aborer g). *TzacTOr Operawr I h). *Vibrator Operator 2. Eliminate Tree Spade & Stump Chipper premiums (supposed to be deleted last time). 3. Eliminate premiums in exchange for increasing base rate on titles listed above. a). Asphalt Shoveler e). Iack Hammer b). Chipping Hammer fl. Mortar Mixer c). Chipping Machine g). Tender for a Bricklayer d). Chain Saw Effective January 1, 1999. 4. Retain the following premiums; a). Swing work 50 ft d). Oiler operator b). Asphalt Raker e). 580 D formerly known as 50 HP power takeoff. c). Tacman/Tamper Retain & increase premiums a). NSP premium increased from $0.50 per hour to 4% of the regular hourly rate. Effective OSlOI f98 b}. Tandem Truck: Maintain at $.25 for Non-bid Street Services Workers and add Parks Workers. Delete Driver Operators and non-bid Street Services Workers. Effective OS/01/98. c). 8 ft below ground premium increased to 3.5% of the regular hourly rate. Effective 05101198 d). Abatement Crew Premium: Pazks Workets or Grounds Workers assigned to an abatement crew on a summary abatement deemed to be hazardous by the Health Department Inspector and PED summary abatement supervisor and requiring the use oF speciai protective clothing shall receive $.6Q per hour above their regular base rate for each hour or any part thereof worked in this alignment. Effective 3anuary 1, 1949 upon completion oftraining. HEALTH IN5URANCE: 1!1(194g Single: Full Single ($]78.95) Family: $344.85 9 , 1111 Single: Full Single Family: $344.85 + 50% of premium increase 3: 9.4: 9.5: and 9.18 with new !1/ U00 Single: Full Single Family: 1999 rate + 50% of premium increase amounts. Park Aide benefits if full-time: l. Parks Workers wha voluntarily reduce to Park Aide during the Seasonal layoff wi13 maintain their health insurance. 2. All-Season, full-time Park Aides shall be identified by their Deparhnent in September. They will be eligible for the full dollar amount of single health insurance. Effective 11/1198 9g-sa� DEFERRED COMPENSATIdN: Effective 3anuary 1, 1999. A. City will pay match bi-weekly: 20 years of City Service: $1533 per bi-week ($400 per year) 10-19 yeazs of City Service: $�.66 per bi-week {$200 per year) (City service determined by date of hire.) B. Eligibility will be determined September of each year. C. Employees cannot have been on lay off in the previous 12 months. D. Eligible empioyees who experience a lay off must requalify. PEI�SION: The Union authorizes deduction of $20 bi-weekly from employees of Local # 132 who are currently vested and choose to participate in the Union's pension fund. The Union is to provide a list of eligible members. HOLIDAYS: CiTy will pay Veteran's Day & Martin Luther King as major holidays effective SIll98 and Day After Thanksgiving & President's Day as major holidays effective 4J1/�0. Clarification: Labor Day will be added to the contract as a major holiday. UNIFORMS: 1. Anicle 6.4 Safety Shoes: The Employer agrees to pay $50.00 per year, allowing an accrual up to $150 toward the purchase of shoes. Effective 0>!Ol/98. 2. Water uniforms: LMC to work out uniform program by OIf0U99, C+ry will require & pay for initial issue plus, upon showing of receipts, City will reimburse employees required to wear a u�iform up to $125 annually. Effective 01101J00. LAnGUAGE CAANGES TQ CONTRACT: I. Language changes to 8.2 & 8.3 (Mgmt to notify employee rather than Union of shift change and Mgmt to provide transportation to new work location). 2. Rewrite of 8.9 - Procedure for Filling Snowpiowing/Sanding Needs • defines priority order in which employees will be called. 3. ] 1.1.B.1 Class seniority for employees with dual titles 4. 11.3.0 Reverse seniority for Parks and Street. An employee who requests reverse seniority wiH go back to their original seniority in the Spring. 5. 1 I.6 Refusal of overtime assignment - force from bottom up. 6. Article 3 519 - Severance Pay. Time with School District shall not be used to qualify for employees hired after 01/O1l47. 7. New Article - PAGERS: Pagers may be issued to Street Services Workers who are placed on seasonal layoff and are receiving ttie seasonal health insurance benefit as provided in Article 9.18. Laid off employees who are issued pagers will be expected to respond to pages from the employer. 9�-so8 8. Appendix D.A.3: (Public Works) Revised language on Prunary Driving Jobs - referred to as Bid Drivers. a. Bid drivers shall have their base pay increased by $.25 per hour. b. Bid drivers will hold designation and pay for 1 yeaz until the next annual bid. c. Bid drivers will not be on Street Service Workers Overtime lisu. d. If laid off, bid drivers will be called in prior to Sueet Services Workers for driving jobs. 9. Appendix D.A.S.a: (Streets) Night shift assignment by class seniority. 10. Appendix D.A.S.b: (Streets) How to fill temporary vacancies on a shift. 11. Appendix E.A.l.a: (Parks) Overtime assignment within Pazks - crews by classification seniority. 12. Appendix E.A.2.b: (Forestry) Forestry 1VSP crew selection. 13. Appendix E.B.i: (Streets) Week-end and Holiday overtime wiil be assigned by seniority, from a posted sign-up list. Ifthe job requires the week-end to finish, the original assigned crew will be assigned to finish thejob. 14. Appendix E.B2: (Streets) Seniarity rights between Divisions. 15. Appendix E.B.3: (Streets) Procedure for calling from seniority list. 16. Appendix E.B.4: (Streets) Expanding eligibiliTy for overtime to people who have used vacation, holiday, comp time or who are returning from sick. 17. Appendix E.C.4: (Water Utility) Criteria for short-term and full-term job assignments. 18. Appendix E.C.S: (Water Utiliry) Expanding eligiblity for overtime 4o people who have used vacation, holiday, comp time or who are returning from sick. 19. Appendix E.C.6: (Water Utility) Overtime assignment call out sheet shall be used for both day and shifr overtime call outs ta verify proper use of the procedures. 20. Appendix E: (Water Utility) Overtime List 5election Procedures -- Day Crews 21. Appendix E: (Water Utility) Overtime List Selection Procedures - Night Crews 22. Appendix E: (Water Utility) Aistribution Division Overtime Policy 23. Appendix E: (Water Utility) Overtime Policy for the Thawing Rigs 24. Appendix E: (Water Utility) Oeertime Policy for Water Department HEOs interested in Snow Plowing 25. Agpendix E: (Water Utility) Vadnais Station(Highland Overtime Policy 4 98-sog LETTERS OF UNDERSTANDING i. L.etter agreeing to a I.abor Management Committee for Parks to discuss seniority. 2. L.etter committing the Street Department to provide a written explanation, upon request, of why an employee was denied uaining. 3. Letter agreeing to a Iabor Management Committee for the Water Utiliry to work out a Uniform Program by January 1, 1999. 4. Letter to Parks regarding NSP senioriry for Charles Keapproth. 5. Letter Agreeing to a Labor Management Committee for the Water Uti3ity to investigate and make recommendations regarding sick leave use. OTHER ACTIONS TAKEN BY CITY. 1. Requisitions were obtained for Bridge Crew I,eadet and Parks Crew I.eader tests. 2. Internal policy statement adopted for Crew leaders in the Parks Department. 3. Reclassification study for Bridge Maintanance Worker and Bridge Crew Leader. Study results retroactive to date completed. 4. Letter sent to Departments regarding restrictions to supervisors doing bargaining unit work. F:V.ABRELICOMRAC'I\TRICNCL\I997 98VMPGRPMM.WPD 5 CITY OF SAINT PAUL and Tri-Council, Loca1120, Local 49, Loca1132 1997,1998 and 1999 Collective Bargaining Agreement Summary of Changes: WAGES: Year 1:* Year 2: 05/01/97 2.0% 06/01/48 2.0% 12f01197 .6 5°!u 11/01/98 03% 2.5% 4J0 30l99 0.2% 2.5% *Retroactivirv for current em�lovees and those wh� Year 3: 06101199 I1l01/99 have left the unit standing. Temporary employees will be paid 90% of tlte AGC rate plus fringe benefits. Effective upon ratification of the contract. PAY ADJUSTMENTS: The following titles will be increased: I. Add $Q.25 to the base rate for Driver Operators and Bid Drivers. Effective OSJ01/98. 2. Bridge Worker+$030, Bridge Crew Leader+$p.3� to their base rates. Effective O11Q1/98. 3. Jet Rodder pay increased+$0.45 to $]4.18. Effective OSl01/94. 4. Revolving Shovel, eliminate $0.25 premium and 40 minute OT. Increase base hourly rate+ $2.14 to $23.57. Effective OS/01/99. 5. Paving Breaker / Pneumatic Tamper increased +$0.15 to $1933. Effective 05/01/99. 6. *Tractor Operator I increased +$0.27 to $16.42. Effective 05101l99. 7. Water Utility Worker I3 increased +$0.31 to $1b.67. Effective 05101l99. 8. Increase base rate on listed titles in these divisions in exchange for eliminating premiums. Bridggs• +$0.09 Streets: +$0.�4 Bridge Crew Leader *Driver-Operator (Streets, Parks, Water) Bridge Maintenance Worker Parks: +$0.04 Grounds Crew Leader *Groundsworker Parks Worker Sewers: +$0.04 Sewer Crew Leader *Sewer Maintenance I,aborer Sewer Services Worker Effective January 3, 1999. Labor Crew I,eader *Publ'rc Works Laborer Stores Laborer Street Services Worker *Unskilled I.aborer Water Utility: +$0.04 *Groundsworker-Wtr Ury Water Utility Worker I Water Utility Worker II Water System Worker I Water System Worker II Water Service Worker-Control Desk June ]0, ]998 qg �08� 2.0% 0.5°/a 2.5% Note: #3-#7 will be adjusted upwards to reflect salary increases from ] 996 rates. �� 1. Eliminate 8 obsolete premiums from contract. a). *Air Compressor Operator e). *Roller Engineer {under 6 tons) b). *Bituminous Curb Machine Operator �. *Sewer Maintenance I.aborer c). *Ketde Fireman g). *Tractor Operator I d}, *Mixer Engineer h). �`Vibrator Operator 2. Eliminate Tree Spade & Stump Chipper premiums (supposed to be deleted last time). 3. Eliminate premiums in exchange for increasing base rate on titles listed above. a}. Asphalt Shoveler e). Jack Hammer b). Chipping Hammer �. Mortar Mixer c). Chipping Machine g). Tender for a Bricklayer d). Chain Saw Effective January 1, 1999. 4. Retain the following premiums: a). Swing work 50 ft b). Asphalt Raker c). Tacman(Tamper d). Oiler operator e). 580 D formerly known as 50 HP power takeoff. R�- S� � 5. Retain & increase premiums a). NSP premium increased itom $0.50 per hour to 4% of the regular hourly rate. Effective OS/�I/98 b). Tandem Truck: Maintain at $.25 for Non-bid Street 5ervices Workers and add Parks Workers. Delete Driver Operators and non-bid Street Services Workers. Effective OSJOIJ98. c). 8 fr below ground premium increased to 3.5% of the regular hourly rate. Effective OSlOIJ98 d). Abatement Crew Premium: Parks Wotkers or Grounds Workers assigned to an abatement crew on a summary abatement deemed to be hazardous by the Health Department Inspector and PED summary abatement supervisor and requiring the use of special protective clothing shail receive $.66 per hour above their regular base rate for each hour or any part thereof worked in this alignment. Effective January 1, 1999 upon completion of training. HEALTH INSURANCE: iil 1799g Single: Full Single ($178.95) Family: $349.85 1 !1 9 Single; Ful1 Single Family: $349.85 + 50% of premium increase 3_ 9.4: 9.5_ and 9.18 wiih new 1l1/2 DO 5ingle: Fu11 Single Family: 1999 rate + 50% ofpremium increase amounts. Park Aide benefits if full-time: 1. Parks Workers who voluntarily reduce to Park Aide during the Seasonal layoff will maintain their health insurance. 2. All-Season, full-time Park Aides shall be identified by their Department in September. They will be eligible for the full dollar amo�nt of single health insurance. Effective 11lIf98 2 DE�'ERRED COMPENSATION: Effective Ianuary l, 1999. A. City will pay match bi-weekly: 20 years of City Service: $15.33 per bi-week ($40Q per year) 10-19 years of Ciry Service: $7.66 per bi-week ($200 per year) (City service determined by date of hire.) B. Eligibiliry will be detertnined September of each yeaz. C. Employees cannot have been on lay off in the previous 12 months. D. Eligible employees who experience a lay off must requalify. q8-5b� PENSTON: The Union authorizes deduction of $20 bi-weekly from employees of Local #132 who are currently vested and choose to participate in the Union's pension fund. The Union is to provide a list of eligible members. HOLIDAYS: City wili pay Veteran's Day & Martin Luther King as major holidays effective 5!1/98 and Day After Thanksgiving & President's Day as major holidays effective 4/1f00. Clarification: Labor Day will be added to the contract as a major holiday. UNIFORMS: 1. Article 6.4 Safety Shoes The Employer agrees to pay $50.00 per year, allowing an accrual up to $150 toward the purchase of shoes. Effective OS(O1/98. 2. Water uniforms; LMC to work out uniform program by OU01l99, City will require & pay far initial issue plus, upon showing of receipts, City wi{I reimburse employees required to wear a uniform up to $125 annually. Effective O1/01/00. LA]\�GUAGE CHANGES TO CONTRACT: 1. Language changes to 8.2 & 83 (Mgmt to notify employee rather than Union of shifr change and Mgmt to provide transportation to new work ]ocation). 2. Rewrite of 8.9 - Procedure for Filling SnowplowinglSanding Needs - defines priority order in which employees will be called. 3. 1].I.B.I Class seniority for employees with dual titles 4. 11.1.0 Reverse seniority for Parks and Street. An employee who requests reverse seniority wil{ go back to their original seniority in the Spring. 5. 11.6 Refusal of overtime assignment - force from bottom up. 6. Article 15.19 - Severance Pay. Time with Schoo3 District shall not be used to qualify for employees hired after 01l01197. 7. New Article - PAGERS: Pagers may be issued to Street Services Workers who are placed on seasonal layoff and are receiving the seasonal health insurance benefit as provided in Article 9.18. Laid off employees who are issued pagers will be expected to respond to pages from the employer. `�$ 5b� 8. Appendix D.A.3: (Public Works} Revised language on Primary Driving Jobs - referted to as Bid Drivers. 10. 11. 12. 13. 14. 15. 16. 17. 18. 14. 20. 21. 22. 23. 24. 25. a. Bid drivers shall have their base pay increased by $.25 per hour. b. Bid drivers will hold designation and pay for 1 year until the next annual bid. c. Bid drivers will not be on Street Service Workers Overtime lisu. d. If laid off, bid drivers will be called in prior to Stree[ Services Workers for driving jobs. Appendix D.A.S.a: (Streeu) Night shift assignment by class seniority. Appendix D.A.S.b: (Streets) How to fil{ temporary vacancies on a shift. Appendix E.A.l.a: (Parks) Overtime assignment within Parks - crews by classification seniority. Appendix E.A.2.b: (Forestry) Forestry NSP crew selection. Appendix E.B.1: (Streets) Week-end and Holiday overtime will be assigned by seniotity, from a posted sign-up list. If the job requires the week-end to finish, the origina3 assigned crew will be assigned to finssh thejob. Appendix E.B.2: (Streets) Seniority rights between Divisions. Appendix E.B3: (Streets) Procedure for calling from seniority list. Appendix E.B.4: {Streets) Expanding eligibility for overtime to people who have used vacation, holiday, comp time or who are returning from sick. Apgendix E.C.4: (Water Utility) Criteria for short-term and full-term job assignments. Appendix E.C.S: (Water Utility) Expanding eligib3ity for overtime to people who have used vacation, holiday, comp time or who are returning from sick. Appendix E.C.6: (Water Utility) Ovedime assignment cail out sheet shall be used for both day and shift overtime call outs to verify proper use of the procedures. Appendix E: (Water Utility) Overtime List Selection Procedures -- Day Crews Appendix E: (Water Utility) Overtime List Selection Procedures - Night Crews Appendix E: {Water Utility) Distribution Division OveRime Policy Appendix E: (Water Utility) Overtime Policy for the Thawing Rigs Appendix E: (Water Utility) Overtime Policy for Water Department HEQs interested in Snow Plowing Apgendix E: (Water Utility) Vadnais StationlHig}iland Overtime Policy � LETTERS OF UNDERSTANDING Rp'�b �j i. Letter agreeing to a Labor Management Committee for Parks to discuss seniority. 2. Letter committing the Street DeQartment to provide a written explanation, upon requesc, of why an employee was denied training. 3. Letter agreeing to a L,abor Management Committee for the Water Utility to work ou[ a Uniform Program by 3anuary i, 1999. 4. Letter to Parks regarding NSP senioriry for Charles Keapproth. 5. Letter Agreeing to a Labor Management Committee for the Water Utility to investigate and make recommendations regarding sick leave use. OTHER ACTIONS TAKEN BY CITY. i. Requisitions were obtained for Bridge Crew L,eader and Parks Crew I.eader tests. 2. Internal policy statement adopted for Crew leaders in the Parks Department. 3. Reclassification study for Bridge Maintanance Worker and Bridge Crew Leader. Study results retroactive to date completed. 4. Letter sent to DepaRments regarding restrictions to supecvisors doing bargaining unit work. F:�1.ABAEL\CONTR4CTITR]CNCLV997 98\IMPGRPMM.WPD u.., . _ � � � �-�� c.�� _ � ,. _ --. _ - t� �� U� . _ - ��r�� - �� - � MAY 1997 THitOUGH APRIE;, 2000" _ �_. ,. - � __ - � � � � � �07;I;EC3'I�?E B�RGAININiG AGR�EMENT _ � "; � � � , � �.. � � � � .° �,= $E`TWEEl�1 � . � _ , � E`, TiIE C�TI'�OF SAINT�PAUi:�. �� T , � �'HHE TR� COUNCIL - r � ,- � � � � ;L�CAL 12Q` Lt?C�; 4� AND LOCA� 132 r r � � INDEX n l_.J • ARTICLE TTTLE Principles .................... PAGE � ............................1 1 Recognition ................................................2 2 Maintenance of Standazds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Union Rights ...............................................3 4 PayrollDeduction ...........................................3 5 ManagementRights ..........................................3 6 Safety .....................................................4 7 Discipline Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Hours, Overtime, Snowplowing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 Insurance ..................................................7 10 Employee Rights-Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Il Seniority ..................................................14 12 Vacation ..................................................16 13 Holidays ..................................................I7 14 Jury Duty .................................................18 15 Severance Pay .............................................18 lbWages ....................................................21 17 Savings Clause .............................................21 18 Jurisdiction ................................................21 19 Siek L,eave ................................................22 20 ParentalLeave .............................................23 21 LegalServices .............................................23 22 Strikes, Lockouts, Work Interference . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 23 Defened Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 24 Termsof Agreement ........................................24 Appendix A Wage Schedules, Pretniums . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ai Appendix B Temporary Employees Wage Schedules . . . . . . . . . . . . . . . . . . . . . . . . Bl Appendix C Driver Operator Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cl Appendix D General Policies Regazding Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . D 1 Appendix E General Policies Regazding Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . El I �B 5�� PRINCIPLES � This Agreement is entered into to facilitate the adjustment of grievances and disputes between the Employer and Empioyees to provide, insofar as possible, for the continuous employment of labor and to establish necessary pmcedures for the amicable adjushnent of all disputes which may arise between the Employer and the Union. The Employer and the Union encourage the highest possible degree of practical, friendly, cooperative relationships between their respective representatives at all levels. The officials of the Employer and the Union realize that this goal depends primarily on cooperative attitudes beriveen people in their respective organizations and at all levels of responsibility, and that proper attitudes must be based on full undetstanding of and regard for the respective rights and responsibilities of both the Employer and the Employees. There shall be no discrimination against any employee by reason of creed, sex, disability, � or Union membership. The Employer and ihe Union affirm their joint opposition to any discriminatory practices in connection with empioyment, promotion, or training, remembering that tt�e public interest remains in full utilization of employees skill and ability without regard to consideration of national origin, age, sex or disability. , -1- ' ARTICLE 1- RECOGNITION �� - L 1 The Emplo}�er recognizes the Union as the sole and exclusive collective bargaining agency for all employees that have been certi£ed by the State of Minnesota, Case No. 73-PR-427-A, as follows: • All employees of the City of Saint Paui in the classifications of Asphalt Plant Operator, Bridge Crew Leader, Bridge Maintenance Worker, *Driver-Operator, Dm�er-Operator--Water Utility, Forestry Crew Leader, Garden Laborer, Gardener, Golf Ranger, Grounds Crew Leader, *Groundsworker, *Gtoundsworker--Water UtiliTy, Heavy Equipment Operator, Heavy Equipment Operator--Asphalt Plant, Heavy Equipment Operator--Water Utiliry, 7et Sewer Cleaner Operator, Labor Crew Leader, Lead Gazdener, Modified Duty Worker--Laborer, Pazk Aide, Pazks Worker, #Power Clam Operator, *Public Works Laborer, Revolving Power Equipment Operator, Sewer Crew Leader, *Sewer Maintenance Laborer, Sewer Services Worker, Stores Laborer, Street Services Worker, *Ttactor Operator I, Tree Worker, *Unskilled Laborer, Water Service Worker-- Control Desk, Water 5ystem Worker I, Water System Worker II, Water Utility Worker I, and Water Utility Worker II who work more than 14 hours per week and more than 100 work days per yeaz, excluding Supervisory, Confidential, temporary, emergency, and employees exclusively represented by other labor or employee organizations. The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this Agreement shall be recognized as a part of this bazgaining unit, and the parties shall take aii steps required under the Public Employment Relations Act to accomplish said ob,}ective. ..2 The Employer agrees not to enter into any contractually binding agreements with any employee or representative not authorized to act on behalf of the Union. There shail be no individual agreements with any employees that conflict with the terms of this Agreement, and any such agreement or contract shall be null and void. 1.3 The Employer agrees to give tYie Union the right to supply fifiy percent (50%) of all new qualified referrals for work as temporary employees. ARTICLE 2- MAINTENANCE OF STANDARDS 2.1 The parties agree that all conditions of employment relating to wages, hours of work, over[ime differentials, vacations and ail other general working conditions shail be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the Ciry of Saint Paul and the Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement. , -2- ARTICLE 3 - UNION RIGHTS 3.1 The Union may designate employees from within the batgaining unit to act as Stewazds and shall inform the Employer in wriYing of such designations. Such employees shall have the rights and responsibilities as designated in Article 10 (GRIEVANCE PROCEDi7RE). There shall be no more than one Steward , from each local invoIved in any one specific grievance. 3.2 There shali be no deduction of pay from Stewazds when directly involved in meetings witt� management during working hours for grievance procedures. 33 Designated Union Representatives shalt be pernutted to visit employees on job sites and at deparanent buitdings during working time. ARTICLE 4 - PAYROLL DEDUCTION 4.1 The Emptoyer shall, upon request of any employee in the unit, deduct such sum as the Union may specify for the purpose of initiation fees and dues to ihe Union, providing the Union uses its best efforts to assess such deductions in as neazly uniform and standazd amounts as is possible. The Employer shall remit monthly such deduction to the appropriate designated Union. 4.2 In accordance u�th MS.A. 179.65, Subd. 2, the Employer agrees that upon notification by the Union, ihe Employer shall deduct a fair share fee from all certified employees who are not members of the exclusive representative. In no instance shall the required contribution exceed a pro rata shaze of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. 43 The Union authorizes deduction of twenty dollazs ($20.00) bi-weekly, from employees who aze members of Laborer's LocaI #132 who already have pension credits in the Union's Pension Fund and choose to participate in the Union's Pension Fund. The Employer wiil forwazd this to the Union's Fension Fund. The Union is to provide the Empioyer a list of eligible members. 4.4 The Union will indemnify, defend and hold the Employer harmless against any ciaims made and against any suits insrituted against the Employer, its officers or employees, by reason of negtigence of the Union in requesting or receiving deductions under this Articte. The Emp2oyer wiil indemnify, defend and hold the Union harmiess against any claims made and against any suits instituted against the Union, its officers or empioyees by reason of negligence on the part of the Employer in making or forwarding deducrions under tlzis Article. ARTTCLE 5 - MANAGEMENT RIGHTS 5.1 The Union recognizes the right of the Employer to operafe 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 o�cially abridged, delegated, or modified by this Agreement are retained by the Employer. - -3- ARTICLE 5 - MAiVAGEMENT RIGHTS (Continued) 6 �'.50� �.2 A public Employer is not required to meet and negotiate on matters of inherent managerial policy, which include but aze not limited to, such areas of discretion of policy as the functions and programs of the Employer, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. ARTICLE 6 - SAFETY 6.1 Accident and in}ury free operations shall be the goal of all Employers and employees. To this end the Employer and employee will, to the best of their ability, abide by and live up to the requirements of the several State and Federal Construction Safety Codes and Regulations. 6.2 To this end the Employer shall from time to time issue rules or notices to Ivs employees regazding on the job safety requirements. Any employee violating such rules or notices shall be subject to disciplinary action. No employee may be discharged for refusing to work under unsafe conditions. 63 Such safety equipment as required by governmental regulation, shall be provided without cost to the employee. At the Employer's option, the employees may be required to sign for safety equipment and shall be obligated to return same upon dischazge, layoff, quit or other termination in compazable condition as when issued, providing reasonable weaz and teaz. The Employer shall have the right to withhold the cost of such safety equipment if not returned. .� C� .. , The Employer agrees to pay $50.00 per payroll calendaz yeaz toward the purchase of one pair of safety shoes by an employee who is a member of this unit. The Employer shall contribute toward the purchase of one pair of shoes per payroil calendaz year and shall not be responsible for any additional cost for that yeaz. Employees may accrue a totai of $150.00 for the purchase of shoes. Reimbursement shall be made only after investigation and approval by the immediate supervisor of the employee. This contribution shall apply only to employees who are required by the Employer to wear protective shoes or boots. The City shall furnish uniforms at no cost to the employees who work in the Sewer Division of the Public Works Department. uniform. Effective January l, 2000 the Water Utility wilt reimburse these employees annually per payroll calendaz yeaz beginning the year after the employee's initial issue present receipts to be reimbursed. The Water Utility will provide at it's expense an initial uniform to employees required to weaz a up to $125 . Employees must -4- ARTICLE 7 - DISCIPLINE PROCEDURES 7.1 The Employer wiii discipline employees for just cause onIy. Discipline will be in the form o£ A. Oral reprimand; . B. Written regrimand; C. Suspension; D. Reduction; E. Dischazge. 7.2 Suspensions, reductions and dischazges will be in written form. 7.3 A notice in writing of suspensions, reductions and discharges shall be sent to the employee and the Union within seventy-two (72) hours after such action is taken. 7.4 Discharges wili be preceded by a five (5) working day preliminary suspension without pay. During said period, the employee and/or Union may request, and skall be entitted to a meeting with the Employer representative who initiated the suspension with intent to dischazge. During said f ve (5) working day period, the Employer may �rm the suspension and dischazge in accordance with Civii Service Rules or may modify, or withdraw same. 7.5 Grievance reIating to this Article shalI be processed in accordance with the grievance procedure under Arcicie 1 d. ARTICLE 8- HOURS, OVERTIME, SNOWPLOWING 8.1 The normal work day shall be eight (8) consecutive hours per day, excIuding a thirty (30} minute lunch � period, except for employees assigned to the 4l40 shift where the normal work day shall be ten (10) consecutive hours per day, excluding a thirty (30) minute lunch period. The normal work week shall be &ve (5) consecutive normal work days in any seven (7j day period except for employees assigned to the 4/40 shift where the normal work week shall be four consecutive ien Q 0) hour work days in any seven (7) day period. (For employees on a shift basis Yhis shall be construed to mean an average of forty hours a week.) 8.2 Except in cases of emergencies, the Employer shall notify the affected empIoyees of an intention to change a shift at least 24 hours prior to the beginning of the new shift. 83 Empioyees shali report to work locarion as assigned by a designated Employer supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the Empioyer. Management shali provide transportation or allow travel time within normal working hours to the new work location. 8.4 Call-in-Pay. When an employee is called to work he/she shall receive two hours pay if not put to work. If he/she is called to work and commences work, he/she shall be guaranteed four straight time hours pay. r _— \ -5- ARTICLE 8- HOURS, OVERTIME, SNOWPLOWING (Continued) �� _5�$ 8.5 Overtime. Time on the payroll in excess of the normal hours set forth above shall be "overtime work" • and shall be done only by order of the head of the departrnent. 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. Employee may express a written preference for the method of overtime payment, however, the basis on which such overtime shall be paid shall be detemuned solely by the Employer. The time and one-half overtime rate shall be based on the total rate, including any premium pay, being eamed during the overtune hours worked. 8.6 The two (2) work breaks shall not exceed fifteen (I S) minutes from the time the employee stops working until he/she resumes work, and shall be taken in close proximity of the employee's work station. 8.7 Employees who aze unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than one-hatf hour before the beginning of such work day. Failure to make such notification may be grounds for discipline. 8.8 The follow�ing will be the procedwe for fiiling snowplowing or sanding needs. A. All listed categories of City employees will be offered one shift before any receive a second shift. B. For purposes of a declazed snow emergency, both the night and day phases shall be considered shifts falling on the date of the day phase. Personnel shali be assigned to one of the two phases in the priority order shown below provided that no overtime shift results. C. In the event that overtime shifts aze needed to fill any assignment, overtime shifts shail be • offered in the same priority order. D. Order to be called. 1. Regular full-time Driver Operators, Heavy Equipment Operators, `Bid Driver" assignees and Street Service Workers on normally scheduled shifts. 2. Drivez Operators, Heavy Equipment Qperators and `Bid Driver" assignees on Iayoff. 3. Street Services Workers on layoff. 4. Sewer Services Workers. 5. Jet Sewer Cleaner Operators. 6. Bridge Maintenance Workers. 7. Crew Leaders. 8. Other permanent Tri-Council members. 9. Ail other qualified Public Works volunteers on normally scheduled shifts. 10. Qualified temporary Tri-Council members. , -6- ARTICLE 9 - INSURANCE Active Employee Insurance 9.1 The insurance ptans, premiums for coverages and benefts contained in the insurance plans offered by . the Employer shall be solely controllecl by the contracts negotiated by the Employer and the benefrt providers. The Employer wiil attempi to prevent any changes in the benefits offered by the benefit providers. However, the employees selecting the offered plans agree to accept any changes in henefits which a specific provider implements. IRS ruIes and regulations shalI govem the Employer provided heatth and welfare benefrt program. 9.2 Effective for the May, 1997 insurance premiums, for each eligible employee covered by this Agreement who is employed full-time and who selects employee health insurance coverage provided by the Employer, the Employer agrees to contribute $191.40 per month towazd the cost of the single health insurance premium, For each eligible full-Ume employee who selects family health insurance coverage, the Employer will contribute $349.85 per month towazd the cost of the family health insurance premium. 93 Effective for the January, 1998 insurance premiums, for each eligible employee covered by this Agreement wko is emptoyed full-time and who setects employee health insurance coverage provided by ihe Employer, the Employer agrees to contribute $178.95 per monYh towazd the cost of the 1998 single health insurance premium. For each eiigible full-time employee who selects family health insurance coverage, the Employer witl contribute $344.85, plus 50% of the 1998 family heatth insurance premium increase, each month toward ! the cost of the family health insurance premium. 9.4 Effective for the January, 1999 insurance premiums, for each eligible employee covered by this agreement who is employed full-time and who selects empIoyee heaIth instuance coverage pravided by the Employer, the Empioyer agrees to contribute the actual monthly cost of the 1999 single heatth insurance premium. For each eligible full-time employee who selects family heaith insurance coverage, the Employer will contribute the 1998 Employer contribution amount pIus 56% of the I999 family health insurance premium increase, each month towazd ihe cost of ihe family healtti insurance premium. 9.5 Effective for the January, 2000 insurance premiums, for each eligible employee covered by this agreement who is employed full-time and who selects employee health insurance coverage provided by the Empioyer, the EmpIoyer agrees to contribute the actual monthty cost of the 2000 single heaith insurance premium. For each eligible full-time employee who selects family health insurance coverage, the Employer will contribute the 1999 Employer contribution amount plus 50% of the 2000 family health insurance premium increase, each month towazd the cost of the family health insurance premium. - -7- ARTICLE 9 - INSURANCE (Continued) g$ -�j� 9.6 For the purpose of this Article, full-ume employment is defined as appearing on the payroll at least 32 . hours per week or at least 64 hours per pay period excluding overtime hours. 9.7 For each eligible employee covered hy this Agseement who is empioyed half-time who selects employee insurance coverage, the Employer agrees to contribute fifty percent {5�%) of the amount contributed for full-time employees selecting employee coverage in the same insurance plan. For each half-time employee who selects family insurance coverage, the Employer will contribute fifty percent (SQ%) of the amount contributed for full-time employees selecting family coverage in the same insurance plan. For the purpose of this Article, half-time employment is defined as appearing on the payroll at least 20 hours but less than 32 hours per week or at least 40 hours but less than 64 hours per pay period excluding overtime hours. An employee will be considered half-time only if such employee is assigned to a position which is regulazly assigned half-time hours. ' 9.8 For each eligible employee the Employer agrees to contribute the cost of $15,000 of life insurance coverage. Retiree Insurance 9.9 Employees who retire must meet the following conditions at the time of retirement in order to be eligible for the Employer contributions, listed in Sections 9.1 � and 9.11 below, towazd a health insurance plan offered by the Employer: . A. Be receiving benefits from a pubiic employee retirement act at the time of retirement, and B. Have severed his/her relationship with the City of Saint Paul for reasons other than misconduct, and C. Have completed at least 20 yeazs with the City of Saint Paul, and D. Were hired prior to January 1, 1996. Early Retirees 9.10 This 5ection shall appiy to full time employees who: A. Retire on or after January 1, 1946, and B. Were appointed on or before December 31,1995, and C. Have not attained age 65 at reurement, and D. Meet the terms set forth in Section 9.9 above, and E. 5elect a health insurance plan offered by the Employer Until svch employees reach saxty-five (65) yeazs of age, the Employer agrees that for retirees selecting single coverage, the Employer will provide the same contribufion as is provided for active employees selecting single coverage under this agreement. This amount, however, shall not exceed $350 per month. , �:� ARTICLE 9 - INSURANCE (Continued) For employees selecting family health insurance coverage, the Employer will contribute $3S0 per month towazd the premium for family health insurance coverage. Any unused portion af Yhe Employer's • conuibution shal] not be paid to the retitee. When such eazly retiree attains age 65, the provisions of Secrion 9.11 wili apply. Regular Retirees (Age 65 and over} 9.11 This Section shall apply to fizll time employees who: A. Retire on or afrer January 1, 1996, and B. Were appointed on or before Deeember 31, 1995, and C. Have attained age 65 at retirement, and D. Meet the terms set forth in Section 9.9 above, and E. Seleci a health insurance plan offered by the Employer The Employer agrees to contribute a tnaximum of $550.00 per month towazd the gremium for single or family health insurance coverage offered by the Employer to regulaz retirees and their dependents. Any unnsed portion of the Employer's contribution shall not be paid to the retiree. This Section shall also apply to early retirees who retired under the provisions of Section 9.10 when such retirees attain age 65. • 9.12 A retiree's participation in the Ciry's health insurance plan must be continuous. If a retiree chooses not to participate at the time of his/her retirement or if a retiree discontinues his/her participation, such retiree will not be eligible for any future participation or for any Employer contribution. 9.13 In the event of the death of a retiree who was hired on or after May 1, 1992 and who is participating in the City's health insurance program, the surviving spouse or dependent of the deceased may continue to participate in the City's heaith insurance pian at their/her own cost. Eligibility to confinae to participate shaii terminate when such spouse or dependent remarries or becomes eligible for group health insarance through any emptoyer. Survivor Insurance 9.14 The surviving spouse of an employee cazrying fanuly coverage at the time of his/her death due to a joh connected injury or illness which was deternuned to have arisen out of and in the covrse of his/her employment under worker's compensation law shail continue to be eligible for ciry contrihution in the same proportions as is provided far retired employees. In the event of the death of an eazly retiree or a regular retiree, the dependents of the retiree shalt have the option, within tturty (30) days, to continue the current hospitalization and medical benefits which said dependents previousiy had, at the premium and Emp2oyer contribution accorded to the eligible deceased retiree. - -9- ARTICLE 9 - INSURANCE (Continued) �fg �� _ i It is further understood that coverage shall cease in the event of: � A. Subsequent remarriage of the surviving spouse of the deceased employee or retiree. B. The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependent sha11 have the right to maintain City health insurance for the fust ninety (90) days of said employment. 9.15 A retiree may not carry his(her spouse as a dependent if such spouse is also a City retiree or City Employee and eligible for and is enrolled in the City heaith insurance program. Seasonal Layoff 9.16 Effective for the May, 1997, insurance premiums, for each eligible employee covered by this Agreement who is employed full-time and who selects health insurance coverage provided by the Employer, and who is placed on seasonal layoff, the Employer shall, for up to five months of layoff, contribute $191.40 per month toward the cost of the single health insurance premium or $349.85 per month toward the cost of the family health insurance premium, regazdless of whether or not such employee has worked the appropriate hours within the qualifying pay period. Effective for the 3anuary 1998 insurance premiums, the contribution for the single health insurance � premium shall be changed to $178.95 per month towazd the cost of the single health insurance premium, and the contribution toward family coverage shall be increased by 50% of the 1998 family health insurance premium increase. Effeciive for the January 1999 insurance premiums, the contribution for single coverage shall be changed to reflect the dollar amount of the single health insurance premium, and the contribution towazd the famiiy health insurance premium shail be increased by 50% of the 1999 family heatth insurance premium increase. Effective for the January 2000 insurance premiums, the contribution for single coverage shall be changed to reflect the dollar amount of the single health insurance premium, and the contribution toward the family health insurance premium shali be increased by 50% of the 2004 family health insurance premium increase. Miscellaneous 9.17 Pagers may be issued to Street Services Workers who are placed on seasonal layoff and aze receiving the seasonal health insurance benefit as provided in Article 9.16. Laid off employees who aze issued pagers will be expected to respond to pages from the employer. 9.18 The contributions indicated in this Article 9 shall be paid to the Employer's Group Heaith and Welfaze � Plan. -10- ARTICLE 9 - INSURANCE (Continued) Miscettaneous (Continued} 919 Any cost of any premium for any City-offered Employee or family inswance coverage in excess of the � dolIar amounts stated in this Article 9 shalI be paid by the Employee. 9.20 Any Employee having ten or more years of service with the Employer who becomes ill or injured so as to be unable to continue working and has e�austed a11 his/her sick leave and vacation shall be eligible for City paid health and welfare benefits for a maximum of three yeazs. 9.21 T'he Employer will provide a system whereby the employee's contribution towazd the premiums for the employee setected health insurance coverages will be paid on a pre-ta�t basis. Employees covered by this Agreement will be eligible to participate in the Flexible Spending Account and the Dependent Care Reimbursement Account as offered by the EmpIoyer. The service fee chazged to participating emptoyees in the Flexible Spending Account shall be paid by the empIoyee. T'he service fee charged to participating employees in the DependenY Care Reimbursement Account shali be paid by the Employer. 9.22 Any employee who is receiving benef ts under the terms of ihis contract and instead of layoff takes a voluntary reduction to Pazk Aide, to continue working during the winter, shall continue to receive the benefits availabie to his/her permanent title. 9.23 All Season Fuil Time Park Aide: A. The Parks Department wilt identify the number of Alt Season Fult Time Pazk Aide positions needed for full time employment by September of each year. The Department wiil choose first: 1. Laid off Parks Workers who tatce a reduction to Park Aide; then if necessary 2. Park Aides designated Ail Season Full Time Park Aide; then if necessary 3. Qualified Pazk Aides by Seniority. • B. Any Park Aide who accepts futt time winter employment (All Season Full Time Park Aide) by the Parks Departrnent, will be eligible for single health insurance coverage as provided in Articles 9.I through 9.5 of this contract beginning in January following the offer of winter employment and continuing for a11 consecutive months worked as an All Season Fult Time Pazk Aide. 9.24 The provisions of this Article 9 shall not apply to empIoyees in the tides of Golf Ranger and Pazk Aide. . -11- ARTICLE 10 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE �� 1 Q.l The Employer shall recognize stewazds selected in accordance with Union rules and regulations as the � grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the stewazds and of their successors when so named. 10.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibitities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The stewazd involved and a grieving employee shail 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. 10.3 The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 10.4 Grievances sha31 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 Union. The written grievance shali set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of • the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or with the use of reasonable diligence should have had knowiedge 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 wzitten grievance a designated Employer supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a resuit of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendaz days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendaz days folIowing receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days foliowing receipt of the Employer's answer shall be considered waived. Step 3. Within seven (7? calendaz days following receipt of a gzievance referred from Step 2 a designated Employer supervisor shail meet with the Union Business Manager or his designated representative and attempY to resolve the grievance. Within seven (7) calendaz days foliowing this meeting the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a resuit of the written response the grievance remains unresolved, ihe Union may refer the grievance to Step 4. Any , grievance not refened to in writing by the Union to Step 4 within seven (7) calendaz days following receipt of the Bmpioyer s answer shall be considered waived. -12- ARTTCLE 1Q - EMPL�YEE RIGHTS - GRIEVANCE PROCEDURE (Continued) Optional Mediation 1) If the grievance has not been satisfactority resolved at Step 3, t[ie Union may, within ten � (I O) calendaz days, request mediation. If Management agrees that ttze grievance is suitable for mediation, the parties shall submit a joint request to the Minnesota Bureau of Mediation Services for the assignment of a mediator. Grievance mediation shall be completed within thirry (30) calendaz days of the assignment. 2} Grievance mediation is an optionai and voIuntary part of the grievance resolution process. It is a supplement to, not a substitute for, grievance azbitration. When grievance mediation is invoked, the contractual time limit for moving the grievance to arbivation shall be delayed for the period of inediation. 3} The grievance mediation process shatt be infortnal. Ru1es of evidence shall not apply, and no record shall be made of the proceeding. Both sides shall be provided ample opportunity to present the evidence and argument to support their case. The mediator may meet with the parties in joint session or in separate caucuses. 4} At the request of both parties, the mediator may issue an oral recommendarion for settlement. Either party may request that the mediator assess how an arbitrator might rale in this case. 5) The grievant shalI be present at the grievance proceeding. If the grievance is resoIved, the grievant shall sign a statement agreeing to accept the outcome. Unless the parties • agree otherwise, the outcome shall nat be precedential. 6) If the grievance is not resolved and is subsequenfly moved to azbitration, such proceeding shall be de novo. Nothing said or done by the parties or the mediator during grievance mediation with respect to their positions conceming resoiution or offers of settiement may be used or referred to during azbitration. Step 4. The arbitration proceedings shall be coaducted by an arbitrator to be selected from a permanent panel of five (5) arbitrators. Arbivators shall be selected by Iot within twenty (ZO) work days after notice has been given. The permanent panel of azbitrators shall be mutuatly agreed to by the Employer and the Union no later than sia�ty (bQ) days after the signing of this Agreement. In the event the Employer and the Union cannot mutually agree to five (5) arbitrators for the permanent panel, the parties will petition the Director of the Bweau of Mediation Services for a Iist of ten {10) azbitrators for each panei member for which the parties did not mutually agree. The parties shatl aiternately strike names from such list(s}, the Employer striking first, until one (lJ name remains. Vacancies occurring on the permanent panel during the life of Yhis Ageement shall be filled by mutuai agreemenY of the parties. If the parties cannot mutually agree, the vacancy shall be filled by the process noted in the preceding pazagraph. This azbitrator selection process shall be effective only for the duration of this Agreement unless both parties mutually agree to eactend such provisions. - -13- ARTICLE 10 - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Cantin�`�)�� 10.5 The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the • provisions of this Agreement. The azbitrator sha11 consider and decide oniy the specific issue submitted in writing by the Emp3oyer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator sha11 be w�ithout power to make decisions contrary to or inconsistent with or modifying or varying in any way the applications 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 later, unless the parties agree to an extension. The decision shail be based solely on the azbitrator's interpretation ar application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shali be final and binding on tt�e Bmployer, the Union, and the employees. 10.6 The fees and expenses for the azbitrator's services and proceedings shall be bome equaliy by the Employer and the Union, 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. 10.7 The time limits in each step of this procedure may be eaKended by mutual agreement of the Employer and the Union. 10.8 It is understood by the Union and the Employer that a grievance may be determined by either the grievance procedure of this contract or by the provisions of the Civil Service Rules of the Ciry of Saint � Paul. If an issue is determined by this grievance procedure it shall not again be submitted for arbitration under the Civil Service Rules. If an issue is determined by the provisions of the Civil Service Rules it shall not again be submitted for azbitration under this grievance procedure. ARTICLE 11- SENIORITY l 1.1 Seniority, for the purpose of this Agreement, shall be defined as follows: A. "City Seniority" - The length of continuous, regulaz and probationary service with the Employer from the date of employment in any and all ciass titles. B. "Class Seniority" - The length of continuous, regular and Probationary service with the Employer from the date an employee was £ust certified and appointed to a class tit]e covered by this Agreement, it being further understood that class seniority is confined to the current class assignment held by an employee. 1. For Employees with dual titles, class seniority wi11 be defined as the class title assigrunent for the day assigned and wil] continue to be that class title until the next regulaz assigned shift. During a declazed emergency when the assigned shift is finished, those who hold dual 6ties, such as Heavy Equipment Operator and Driver Operator, will , revert to the lower title in order of their seniority in that title. -14- ARTICLE 11- SENIORITY (Continued) C. If an employee requests reverse seniority for the winter season helshe will be placed at Yhe - bottom of the seniority Iist. An employee's request must be submitted by October I 5 of each yeaz. All employees who have opted for reverse seniority wiil be retumed io their original • seniority on the call back list when the weather alIows the employer to begin normal spring/summer operations, or on April 1 of ttie foi2owing yeaz, whichever comes first. Pazks Workers or Grounds Workers opting for reverse seniority wilI be piaced at the bottom of the combined Parks Worker/Cnounds Worker seniority list during the lay off- period. 2. Driver-Operators, Bid Drivers or Public Works Laborers opting for reverse seniority will be ptaced at the bottom of the Sireet Services Worker winter call in seniority list afrer any Street Services Worker has opted for reverse seniority. 11.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 11.3 A. In the event it is detemuned by tiie Employer tiiat it is necessary to reduce the work fome, employees will be laid off by class title within each division based on inverse length of "Class Seniority." Recall from layoff shall be inverse order of layoff, except that recaii rights shall expire after two years of layoff. B. In cases where there are promotional series, such as Unskilled Laborer, Crew Leader, etc., when the number of employees in these higher titles is to be reduced, empioyees who have held lower titles which aze in this bazgaining unit wi11 be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs aze made by any class � title in any department. C. It is further understood that a laid ofF employee shall have the right to placement in any lower-paid class title in this bazgaining unit, provided said employee has been previously certified and appointed in said lower-paid class title. In such cases, the employee shall fust be pIaced on a reinstatement register and shall have "Class Seniority" based on the date originalIy certified and appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, return to original class as provided in pazagraph (A) above. D. The provisions of Appendix C shall apply to the classification of Driver Operator. 11.4 To the eatent possible, vacation periods shaIl be assigned on the basis of "Class Seniority", within each class, by division. It is, however, understood that vacation assignments shall be subject to the abiliry of the Employer to maintain operations. I 1.5 Promotions shall be handled in accordance with current Civi2 Service Ruies and practices. However, the Water UYility may promote and assign a member of a rotaYing emergency or night crew holding the secondary title of Water Service Worker-Control Desk to a temporary Water Service Worker-Control Desk vacancy on his assigned crew without reference to his seniority in that title. Regular permanent promotions wil] continue to be made in order of seniority in title. - -15- ARTICLE 11 - SENIORITY (Continued) t= �� 11.6 When a seniority list is being used to call in employees for overtime, once the list is exhausted, • the employer shall order employees, in reverse order of seniority, to report to work. ARTICLE 12 - VACATION 121 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, excluding overtime. Years oPService 1 st yeaz thru 4th year Sth yeazthru 9th year l Oth yeaz thru 15th yeaz 16th yeaz thru 23rd yeaz 24th year and thereafter �Iours of Vacation .0385 (10 days} .0616 (16 days) .0731 (19 days) .0885 (23 days) .1 Q00 (26 days) 12.2 The head of the department may pernut an employee to carry over one hundred and twenty (120) hours of vacation into the following "vacation yeaz". For the purpose of this article the "vacation yeaz" shall be the fiscal year {IRS payroll reporting year). 12.3 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I(one), Subsection H. �12.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty (180) days, he/she may convert any part of such excess at the rate of riuo (2) days of sick leave for one (1) day of vacation up to a maximum of five (5) days of vacation. 12.5 The ma�cimum number of days' vacation allowed by the conversion of sick leave credits shall be no more than five days on any one yeaz so that with the maximum vacation time which may be taken in any one year (including carry over allowed from previous vacatiQn yeaz) sha11 be forty-six days including the regular vacation period. 12.6 , The provisions of this Article 12 shall not apply to employees working in the titles of Golf Ranger or Park Aide. -16- ARTICLE 13 - HOLIDAYS 13.1 The foliowing twelve (I2) days shali be designated as holidays: New Yeai s Day, January 1 Martin Luther King Day, third Monday in January Presidents' Day, third Monday in February Memorial Day, last Monday in May Independence Day, Juty 4 Labor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 Two floaiing holidays � Eligible employees shali receive pay for each of the hoIidays listed above, on which they perform no work. V�'hen New Year's Day, Independence Day, Veterans' Day or Chrishnas Day fatls on a Sunday, the foliow7ng Monday shall be considered the designated holiday. When any of these fovr (4) holidays falls on a Saturday, the preceding Friday shaIl be considered the designated holiday. For those employees assigned to a work week ottter than Monday through Fri@ay, the holiday shall be observed on the calendaz date of the holiday. 13.2 The floating holidays set forth in Section 13.1 above may be taken at any time during the fiscal year, subject to the approval of the Department Head of any employee. 13.3 Eligibility Requirements. In order To be eligible for a holiday with pay, an employee's name must appeaz� on the payroll on any six working days of the nine working days preceding the hoIiday; or an empIoyee`s name must appeaz on the gayroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. 13.4 The ten (10) holidays shall be considered non-work days. 13.5 If, in the judgment of the Employer, personnei aze necessary for operating or emergency reasons, emplayees may be scheduled or "catled back" in accordance with Article 8.4 (Call-in-Pay). I3.6 If an employee entitled to a holiday is required to work on Martin Luther King Day, PresidenYs Day, Day After Thanksgiving ar Veterans' Day, he/she shall be granted another day off with pay in tieu thereof as soon thereafter as the convenience of the department permits, or the employee shall be paid on a straight time basis for such hours worked, in addition to his/her regulaz holiday pay. If an empIoyee entitled to a hotiday is required to work on New Year's Day, Memoria� Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, helshe shall be recompensed for work dane on this day by being granted compensatory tnne on a time and one-half basis or by being gaid on a time and one-half basis for such honrs worked, in addition to his/her regulaz holiday pay. r L- -17- ARTICLE 13 - HOLIDAYS (Continued) 2� 50� Effective May 1, 1998 if an employee entifled to a holiday is required to work on Martin Luther King � Da}° or Veterans Day helshe shall be recompensed for work done on this day by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such hours worked, in addition to his/her regtilaz holiday pay. Effective Apri1 1, 20Q0 if an employee entifled to a holiday is required to work on Presidents' Day or `zhe Day After Thanksgiving helshe shall be recompensed for work done on this day by being granted compensatory time on a time and one-half basis or by being paid on a tnne and one-hatf basis for such hours worked, in addition to hislher regu]az holiday pay. Eligibiliry for Holiday pay shall be determined in accordance with Section I, Subsection I of the Saint Paul Salary Plan and Rate of Compensation. 13.7 The provisions of this Article 13 shail not apply to employees working in the tities of Golf Ranger and Park Aide. ARTICLE 14 - JURY DUTY ] 4.1 Any employee who is required during his/her regular working hours to appear in court as a juror or witness, except as a witness in the employee's own behalf against the Employer, shall be paid hislher regular pay while so engaged. Any fees that the employee may receive from the court for such service • shall be paid to the City and be deposited with the City Finance Director. Any employee who is scheduled to work a shift, other than the normal daytime shift, shall be rescheduled to work the normai daytime shift during such time as he/she is required to appeaz in court as a juror or witness. ARTICLE 15 - SEVERANCE PAY 15.] The Employer shall provide a severance pay program as set forth in this Article. 15.2 To be eligible for the severance pay program, an employee must meet the following requirements: A. The emp3oyee must be 58 yeazs of age or oider or must be eligible for pension under the "rule of 90" or the "rule of 85" provisions of the Pubiic Employees Retirement Association (PERA). The "rule of 90" criteria shall also apply to empioyees covered by a public pension plan other than PERA. B. The employee must be voluntarily separated from Ciiy employment or have been subject to sepazation by layoff or compulsory refirement. Those emgloyees who aze discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the Ciry severance pay program. � -IS- ARTICLE 15 - SEVERANCE PAY (Continued) C. The employee musi have at least ten (10) years of consecutive service under the ctassified or uncIassified Civil Service at the time of sepazation. . D. The employee must file a waiver of reemploytnent with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type), with the City. E. The empioyee must have accumulated a minimum of sia�ty (60) days of sick leave credits at the time of his/her sepazation from service. 15.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance gay 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 leave subject to a maximum of $6,500. 15.4 For the purpose of this severance program, a death of an employee shall be considered as separaiion of employ ment, and if the employee would have met alI of the requirements set forth above, at the time of his or her death, payment of the severance pay will be made to the employee's esiate or spouse. I5.5 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 15.6 This se��erance pay program shall be subject to and govemed by the provisions of City Ordinance No. l 1490 except in those cases where the specific provisions of tivs article conflict with said ordinance and • in such cases, the provisions ofthis articte shatl control. 15.7 The provisions of this articte shall be effective as of May 3 2, 1984. 15.8 Any emptoyee hired prior to May 31, 1984 may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by Ciry Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this article or the ordinance shali constitute a baz to receiving severance pay from the other. 15.9 For empIoyees appointed to a title covered by this Agreement on or after May 1, 1989, the Employer shall provide only the severance pay program as set forth in 15.10 through 15.14. 15.10 To be eligible for the severance pay program, an empioyee must meet the following requirements: A. The employee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement. Those employees who are dischazged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason aze not eligible for the City severance pay program. r� L� -19- ARTICLE 15 - SEVERANCE PAY (Continued) C�$ 5�� B. 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 al1 claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. C. 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. I5.11 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of segaration for each day of accrued sick leave sub}ect to a ma�cimum as shown below based on the number of yeazs of service in the City. Yeazs of Service with the City At Least 20 21 22 23 24 25 Maximum Severance Pay 5,000 6,000 7,000 8,OOQ 9,000 10,000 15.12 Foz the purpose of this severance program, a death of an employee shall be considered as separation of • emplo}�ment, and if the employee would have met all of the requirement set forth above, at the time of his or her death, payment of the severance pay shall be made to the employee's estate or spouse. 15.13 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 15.14 This severance pay program shall be subject to and govemed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control, I5.15 Notwithstanding Article 15.9, employees appointed prior to May l, 1989 to a title covered by this agreement who meet the qualifications as defined in articles 15.10 and 15.11 may elect to draw severance pay under the provisions of 15.11. However, an election by an employee to draw severance pay under article 15.11 shall constitute a bar to drawing severance pay under any other provision set forth in this Agreement. 15.16 Employees appointed on or after May i, 1989 to a titie covered by this agreement sha11 not be eligibie for any severance pay provisions other than the provisions as set forth in articie 15.9 thiv 15.14. 15.17 Time with Schoot District 625 shall not be used to qualify for the benefits in this Article for employees hired after January 1, 1997. . - 20 ARTICLE 16 - WAGES 16.I 16.2 The basic hourly wage rates as estabIished by Appendix A shalt be paid for aII hours worked by provisional, regulaz and probationary employees. 'The basic hourty cvage rates in Appendix A reflect the folIowing increases: Effective 04-26-97 Effective 12-06-97 Effective 06-06-98 Effective 16-24-98 Beginning of payperiod closest to 04-30-99 Beginnin$ of payperiod closest to 06-01-99 Beginning ofpayperiod closest to 11-01-99 ARTICLE 17 - SAVINGS CLAUSE 2.0% increase 0.5% increase 2.0% increase 0.3% increase 0.2% increase 2.0% increase 0.5% increase 17.1 This Agreement is subject to the laws of tlte United States, the State of Minnesota, and the City of Saint PauT. In the event any provision of this Agreement shall hold to be contrary to law by a court of competent jurisdiction from whose finat judgmenf or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. ARTICLE 18 - JURISDICTION 18.1 Disputes concerning work jurisdiction beriveen and among Unions is recognized as an agpropriate subject for determination by the various Unions regresenting employees of the Employer. 18.2 In the event of a dispute concerning the performance or assignment of work, the Unions involved and the Employer shall meet as soon as mutually possible to resoIve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employei s basic right to assign work. �� 183 Any employee refusing to perform work assigned by the Employer shall be subject to disciplinary action as provided in Article 7(Disciplinary Procedures). 18.4 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. 18S The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to Employers who quaIify in accordance with Ordinance No. 14013. �� — -21- ARTICLE 19 - SICK LEAVE G)$ �rl 6 I 19.1 Sick ]eave shail be eamed and granted in accordance with the Civil Service Rules. The ac�rual rate for � eligible employees shall be .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave without pay may be granted in accordance with the provisions of Section 20H of the Civil Service Rules for a period up to but not to exceed three years. 192 In the case of a serious iliness or disability of an employee's child, parent or household member, the head of the department shall grant leave with pay in order for the employee to care for or make arrangements for the caze of such sick or disabled persons. Such paid leave shall be drawn from the employee's accumulated sick leave credits. Use of such sick leave shall be limited to 40 hours per incident. 14.3 Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, may be granted one da}' of sick leave to attend the funeral of the employee's grandpazent or grandchild. 19.4 Pregnant employees of the City of Saint Pau] shall be eligible for the use of paid sick leave and unpaid leave of absence in the same manner as any other disabled or ili City empioyee. Such paid sick leave eligibility shall begin upon certification by the employee's attending physician that the employee is dasabled in terms of her ability to perform the duties of her position. 19.5 The head of the Department or the Human Resources Director may require a physician's certificate or additional ceztificates at any time during an employee's use of sick leave for the purposes stated in 19.2 above. A11 such certificates sha11 be forwarded by the appointing officer to the Human Resources Office. • If an employee is absent because of the provisions of Article 19.2 above for three or fewer calendaz days he/she shall submit to the head of the Department a certificate signed by the employee stating the nature of the child, parent or household member's sickness. If the sickness continues for more t2�an three calendar days, no further sick leave shall be granted unless or until a physician is consulted. The sick leave may be continued from and include the day of consultation, but only if a certificate signed by the physician certifying to the nature and period of the person's sickness is submitted and approved by the head of the department and forwarded to the Human Resources Office. 19.6 No sick leave shall be granted for the above reasons unless the employee reports to hishaer department head the necessity for the absence not later than one-half hour before hislher regulazly scheduled time to report for work, unless he/she can show to the satisfaction of the department head that the failure to report was excusable. 19.7 An employee sha11 be paid under the provisions of this paragraph oniy for the number of days or hours for which he/she would normally have been paid if he/she had not been on sick leave. 19.8 The provisions of this Article 19 shall not apply to employees working in the titles of Goif Ranger or Park Aide. � -22- ARTICLE 20 - PARENTAL LEAVE 20.1 Materniry Leave. Matemity is defined as the physical state of pregnancy of an emptoyee, commencing � eight (8) months before the estimated date of chiidbirth, 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 ernployee 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 (1) yeaz. 20.2 School Conference Leave. An employee shal2 be granted up to a total of sixteen (16} fiours during a school year to attend school conferences or classroam activities related to the employee's chiid, provided the conferences or classroom activities cannot be scheduled during non-work hours. When the teave cannot be scheduled during non-work hours and the need for the leave is foreseeable, the employee must provide reasonable prior noYice of the leave and make a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the Employer. An employee shall be allowed to use vacation or compensatory time for this ]eave; otherwise, ttus leave shall be without pay. ARTICLE 21 - LEGAL SERVICES 21.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, ihe Employer shall defend, save hazmless and indetnnify an employee, and/or his/her estate, against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission in the perFormance and scope of the employee's duties. ARTICLE 22 - STRIKES, LOCKOUTS, WORK INTERFERENCE • 22.1 The Unioas and the Employers agree that there shall be no strikes, work stoppages, slow-downs, sit down, stay-in, or other concerted interference with the Employer s business or affairs by any of said Unions and/or the members thereof, and there shall be no bannering during the e�ustence of this Agreement without first using ali possible means of peaceful settlement of any controversy which may arise. a -�- ARTICLE 23 - DEFERRED COMPENSATION �. . � •♦ 23.1 Beginning 3anuary I, 1999, employees who have completed ten (10) through nineteen (19) years of • service with the City of Saint Paul and who meet the eligibility requirements listed below shaIl be eligible for $7.66 bi-weekly ($200.00 per year) for Deferred Compensation paid bp the Employer on a dollaz for dollar match. Years of service shall be determined by date of hire. 23.2 Beginning January 1, 1999, employees who have completed twenty (20) yeazs of service with the City of Saint Paul and who meet the eligibility requiremer�ts listed below shalI be eligible for $15.33 bi-weekly ($400.00 per year) for Deferred Compensation paid by the Employer on a dollaz for dollar match. Years of service shall be determined by date of hire. 233 Eligib3lity Requirements: A. Eligibility will be determined in September of each yeaz. B. Employees cannot have been on lay off in the previous 1 Z months. C. Eligible employees who experience a lay off must requalify through a and b above. ARTTCLE 24 - TERMS OF AGREEMENT 24.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties • aRer the exercise of this right aze fully and completely set forth in this Agreement. Any and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this Agreement are hereby superseded. In those areas where Civil Service Rules aze not inconsistent with this Agreement, the Civil Service Rules shall continue to be in effect. a000 24.2 Except as herein provided this Agreement shall be effect e as of the date it is executed by the parties and shall continue in full farce and effect thru April 30,°�H; and thereafter until modified or amended hy mutual agreement of the parties. Either party desiring to amend or modify this Agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. . -24- A.RTICLE 24 - TERMS OF AGREEMENT (Continued) �g 56$ 243 This constitutes a tentative agreement between the parties which will be recommended by the City • Negotiator but is subject to the approval of the Administration of the City, the City Council and is also subject to ratification by the Unions. WITNESSES: CITY OF SAINT PAUL BY: _ �l� , Ma�g . Keamey Director, Labor Relations DATE: bl �` �� i . TRI-COIJI3CIL BY: �� .c� Business Rep., Local 120 DATE: � " � y� BY`\� O�� Business Manager, Local 132 DATE: G—.r--�� : Business Rep., Local 132 DATE: BY: �� Business Rep., Local 49 �• = .�1!�,�1.� ':I�i %!�% / : , ,. DATE: -25- APPENDIX A q8-5a$ The hourly wage rates for provisional, regulaz and probationary employees working in the classes listed below aze as shown: r� GROUP A Effective on the following dates: 4-26-97 12-6-97 6-6-98 10-24-98 April 99 June 99 Nov 94 2.0% 0.5% 117198 2.0% 03% 7/1/99 02% 2.0% 0.5% Bridge Crew Leader 17.29 17.38 17.6$ 18.03 18.d8 18.17 S 823 18.57 18.66 BridgeMain. Worker 76.62 16.74 17.00 1734 1739 17.48 17.5] ]7.86 17.95 Csrounds Crew Leader 17.16 17.25 17.60 17.65 17.69 17.73 18.08 18.17 Labor Crew Leader 17.16 17.25 17.6� 17.65 17.69 17.73 18.08 18.17 Pazks Worker 16.49 16.57 16.90 1695 16.99 17.02 17.36 17.45 •Public Works Laborer 16.49 16,57 16.90 16.95 16.99 17.02 17.3b 17.45 SewerCrewLeader 78.17 18.26 18.63 38.69 18.73 18.77 19.15 19.25 YSewerMaintenance 1b.80 1b.88 7722 1727 17.37 1734 17.64 77.78 Laborer Sewer Services Warker 16.80 16.SS 17.22 17.27 1731 17.34 17.69 17.78 StoresLaborer ]6.49 16.57 16.90 1695 16.99 17.02 1736 17.45 Street Services Worker 16.49 16.57 76.90 16.95 16.99 17.02 3736 17.45 'Unskilled Laborer 16.49 16.57 16.90 16.95 16.99 77A2 17.36 ]7.45 Water UW I 16.49 16.57 16.90 36.95 16.99 17.02 1736 17.45 Water UW II 16.69 16,77 17.11 17.16 ll.20 ]7.23 17.97 18.00 5(1l94: I 7.56 Water SW 1 16.80 16.88 17.22 17.27 17.37 17.34 19.69 1'7.78 Water SWII 77.b0 17.69 18.04 18.09 18.13 18.77 I8.53 18.62 Water-Control Desk 17.65 17.74 18.09 18.14 18.18 18.22 38.58 ]8.67 `This title is abolished except as to present incumbenu. r - A1 - Agpendix A (Continued) Group A(Continued) 4-26-97 12-6-97 6-6-98 10-24-98 Apri199 June 99 Nov 99 Z.0% 0.5% 2.0% 0.3% I/I/99 0.2% 2.0% 0.5% Golf Ranger First 500 Hours 5.84 5.87 5.94 6.01 6.02 6.14 6.17 Second 500 Hours 6.42 6.45 6.58 6.60 6.61 6.74 6.77 Th'ud 500 Hours 6.96 6.99 7.23 7.15 7.26 7.30 7.34 Fourth S�O+Hours 7.53 '7.57 7.72 7.74 �.76 'J.92 7.96 Pazk Aide First 500 Houzs 6.69 692 6.85 6.87 6.88 7.02 7.06 Second 500 Hoars 7.26 730 7.45 7.47 7,48 7.63 7.67 Third 500 Hours 7.80 7.84 8.00 8,02 8.04 5.20 8.24 Fourth500+Hours 8.37 8.41 8.58 8.bt 8.63 8.80 8.84 Gazden Laborer Start ] 5.24 15.32 15.63 15.68 ] 5.71 ] 6.02 16.10 Afrer Six Months 15.68 15.76 16.0$ 16.13 16.16 16.4$ 16.56 Gardener Starc 16.16 16.24 16.56 16.61 16.64 16.97 17.05 ARer Six Months t6.49 16.57 16.90 16.95 16.98 17.32 17.41 'Grounds worker Start ] 5.54 15.62 15.93 15.98 ] 6.02 ] 6.05 I6.31 16.45 Afrer Six Months 15.97 ] 6.05 1637 I6.42 16.46 16.49 16.82 16.90 `Groundsworker - Wazer Utility Start 15.54 15.62 15.93 15.98 16.02 16.05 16.37 16.45 After Six Months ] 5.97 16.05 ] 6.37 16.42 16.46 16.49 16.82 ] 6.90 'This title is abolished except as to present incumbenu. � u i -�- Appendix A (Continued) �� JJ�� GROUP B 4-26-97 12-6-97 6-6-98 ]0-24-98 Apri199 2.0% 0.5% 2.0% 03% 02% •Tractor 16.47 16.55 ]6.88 I6.93 16.96 Opemtor ] This title is abolished except as to present incumbents. GROUF C 5!1/99 7 7.25 Sune 99 2.0°10 7 7.60 Nov 49 0.S% 17.b9 � � �� _ J 4-26-97 12-6-47 6-6-98 10-2498 Apri194 June 99 IQov 94 2.0% 0.5% 2.0% 03°10 Q.2% 5f1l49 2.0% Q.5°/u Asphalt Plant Operator J 9.56 19.66 20.05 20.13 20.15 20.55 20.65 Heavy Equip. Operator 19.56 14.66 20.45 20.11 20.15 20.55 2D.65 Heavy Equip Oper/Asphalt 19.Sb 19.6b 20.05 20.11 20.15 20.55 20.65 Plant Heavy Equip. OperlWater 19.56 19.66 2�.05 20.11 20.15 20.55 20.65 Utiliry iet Sewer Cleaner Oper 19.30 19.20 79.58 19.6A 19.68 20.15 20.55 20.65 Paving Breaker (Hydra 19.56 19.66 20.Oi 2D.1 I 20.15 20.32 20.73 20.83 Hammer/Tamper) *Power Clam Operator 19.56 19.66 20.05 20. ]] 20.15 20.55 20.65 Revo]ving Power Equip 19.82 79.92 2032 20.38 20.42 22.67 23.12 23.24 Operator `This title abolished except as to present incumbents. ' `�i• � 4-26-97 12-6-97 6-6-98 10-24-48 Apri199 lune 99 Nov 99 2.0% 0.5% 2.0% 03% 1(I/99 0.2% 2.0% 0.5°l0 �•DriverOperaror 16.49 16.57 ]6.90 1b.95 16.99 37.02 3736 17.45 'This title abolished except as to preseni incumbents. Note: Effective 5/1198, $.25 shall be added to the above rates per "Premiums, Subd. T' page A5. GROUP E 4-26-97 12-6-97 6-6-98 10-24-98 April 99 June 99 Nov 99 2.0% 0.5% 2.0% 03% 0.2% 2.0% 0.5°/a Forestry Crew Leader ]9.37 14.47 ]4.86 19.92 19.96 20.36 20.46 � Tree Worker 77.62 17.17 38.06 78.11 18.35 18.51 18.60 'f�- Appendix A (Continued) GROUP B 4-26-47 12-6-97 6-6-98 10-24-98 April 49 June 99 Nov S 2.0% 0.5% 2.0% 03% 0.2% 5/1/99 2.0% 0.5°/ 'Tractor 16.47 16.55 16.88 16.93 16.96 17.25 17.60 .69 Operator I *T'his title is abo3ished except as to present incumbenu. GROUP C 4-26-97 12-6-97 6-6-98 10-24-98 2.0% 0.5% 2.0% 03% Asphalt Plant Operator 19.56 19.66 20.05 20.11 HeavyEquip.Operator 59.56 19.66 20.05 20.7 Heavy Equip Oger/Asphalt 19.56 19.66 20.05 2.11 P{ant Heavy Equip. Oper(Water 19,56 19.66 20.05 24.11 Utility let Sewer Cleaner Oper 14.1� 14.20 ]9 8 19.64 Paving Breaker (Hydra 7 9.56 19.66 0.05 20. ] 1 HammerlTamper) 'Power Clam Operator 19.56 19.66 20.05 20.11 Revoiving Power Equip ]9.82 19 2 2032 20.38 Operator * This fit)e abolished except as to present in mbents. �18-�a� ri149 June 99 Nov 99 .2% 5!1/99 2.0% 0.5% 20.15 Z0.55 20.65 20.15 20.55 20.65 20.15 2�.55 20.65 2Q.15 20.55 20.65 19.68 20.15 20.55 20.65 20.15 20.32 20.73 20.83 20.15 20.55 20.65 20,42 22.67 23.12 23.24 GROUP A 4-26-97 12-6-97 6-6-98 1 Q-24•98 April 49 lune 99 Nov 94 2.0% 0.5% 5/1J98 2.0% 03% lll/99 02% Z.0% 0.5% `DriverOperator 16.49 16.57 16.82 17.16 17.21 17.25 17.28 t7.63 ]7.72 'This title abolished exce as to present mcumbenu. Forestry Cr Leader Tree Wo er GROUP E 4-26-97 12-6-97 6-6-98 10-24•98 Apri199 June 99 Nov 99 2.0% 0.5% 2.0% 03% 0.2°/a 2.0% 0.5% 19.37 19.47 19.86 19.42 19.96 2036 20.46 17.62 1�.71 ]8.06 ]8.]1 15.15 I8.51 lS.6D ' � ' Appendix A (Contiaued) The City agrees that if a classification study ofthe Bridge Maintenance Worker or Bridge Crew Leader title results in a proposed increase, the City witl impiement such increase retroactive to the date of tfie completed job � profile. PREMIUMS A. Emptoyees required to work eight (8) feet or lower 6eneath ground shaiI receive three percent (3%) per hour above the regular base hoar�y rate for each hour or any part thereof worked in such an assignment. This provision shall not apply to employees working under the titles of Water System Worker I or Water System Worker II. Effective May 1, 1999, This premium shall increase to 3.5%. B. A premium pay of fifty-cents ($.50) per hour shall be paid for ail swing stage work, such as work performed from a boatswain's chair or a swing scaffold or hazazdous work that requires the use of a safery belt fifty (50} feet or more above the ground. All siandard safety laws shatl be complied with. C. Tree Workers assigned to the crew perfornung tree trimming duties in assisting Northem States Power Company shail receive $.50 per hour above the regutaz base rate or any part thereof worked in such an assignment. Effeciive May 5, 1998 this premium shali be four pereent (4%) per haur above the regulaz base hourly rate of a Tree Worker for each hour or any part thereof worked in such an assignment. D. Empioyees assigned the duties of Oiler Operator shal[ receive $.75 per hotu above the regulaz base rate for each hour or any part thereof worked in such an assignment. E. Street Services Workers, Parks Worker or Water UtiliYy Workers I assigned to perform duties of an *Asphalt Raker shall receive $.45 per hour above ihe regular base rate for each hour or any part Thereof worked in such assignment. F. Sueet Services Workers or Water Utility Workers I assigned to perform duties of an'Tacman(Tamper shall receive $.50 per hour above the regular base rate for each hour or any part thereof worked in such assignment. An additional $.20 per hour shall be paid for assigrunent to the duties of *TacmanlTamper. This is in lieu of any clothing allowance and shail be paid only for hours worked perfomung such duties. G. Any Parks Worker/*Grounds Worker assigned to operate a 580-D or a rotary grass cutting machine having a cutting width of over I S feet shall receive $.45 per hour above the regular base rate for each hour or any part over one fourth hour actually worked in such an assignment The regulaz operators of the 580-D equipment from previous seasons will be considered first for these assignments. For new openings, the Division will post the opening and take the senior quatif ed candidate. However the Division does not waive its righis to assign gremium pay positions to less senior employees if it deems it necessary. This premium does not include reel mowers or 7-gang mowers. H. Pazks Workers or Grounds Workers assigned to an abatement crew on a summary abatement deemed to be hazardous by the Heatth Department Inspector and PED summary abatement supervisor and requiring the use of special protective clothing shall receive $.60 per hour above the regular base rate for each hour or any part thereof worked in this assignmenY. Effective January 1, 1999 upon completion of uaining. - -A4- Appendix A (Continued) C�$ �� I. *Driver-Operators and Street Services Workers assigned to drive tandem trucks, or required to drive • lowboy, truck trailer, or show mobile, shall receive $.25 per hour above the base rate for each hour or any part thereof worked in such an assignment. Effective Apri130, 1998 this paragraph is deleted. Effective May 1, 1948 Street Services Workets and Parks Workers assigned to drive tandem trucks, or required to drive lowboy, truck trailer, or show mobile, shall receive $.25 per hour above the base rate for each hour or any part thereof worked in such an assigzunent. *Driver Operators and Street Services Workers paid as `Bid Drivers" as def ned under the provisions of Appendix D, A3 are not eligible for this premium. J. Street Services Workers who are selected as "Bid Drivers" under the provisions of Appendix D, A3. and Driver Operators shall have the base pay increased by $.25 per hour. Effective May I, 1998. PREMIUMS DELETED JANUARY 1,1999: K. Employees assigned to operate a Chipping Hammer shall receive $.25 per hour above the regular hase rate for each hour or any part thereof worked in such an assignment. Effective January 1, 1999, this premium is deleted. L. Bmployees to operate a Chain Saw, except employees working under the title of Tree Worker shall receive $.25 per hour above the regular base rate for each hour or any part thereof worked in such an assignment. Effective January 1, 1999, this premium is deleted. �vl. Employees assigned to perform the duties of a Tender for a Bricklayer or Blocklayer, or brick/paving setter shall receive $.20 per hour above the regular base rate for each hour or any part thereof worked in such an assignment. Effective January 1, 1999, this premium is deleted. N � Any *Groundsworker or Water Shed Laborer (now titled Water Utility Worker II) assigned to operate a Chipping Machine shall receive $.25 per hour above the regular base rate for each hour or any part thereof worked in such an assignment. Effective January 1, 1999, this premium is deleted. Emplo}=ees assigned to operate a Jackhammer, shall receive $25 per hour above the regular base rate for each hour or any part thereof worked in such an assignment. Effective January 1, 1999, this prem3um is deleted P. Employees assigned to operate a Mortar Mixer, shall receive $.20 per hour above the regulaz base rate for each hour or any part thereof worked in such an assignment. Effective January i, 1999, this premium is deleted. Q. Any regularly appointed *Driver-Operator assigned to operate any of the equipment covered by the abolished class titles listed below shall receive $.03 per hour above their regulaz base zate for each hour actually worked in such an assignment. Effective January 1, 1999 this premium is deleted. *Air Compressor Operator *Bituminous Curb Machine Operator , *Mixer Engineer *Roiler Engineer (under 6 tons) *Tractor Operator I -AS- APPENDIX B �,. . � �• Temporary employees shall be paid ninety percent (90%) of the appropriate wage rates established by the Highway and Heavy Agreement then in effect between the Unions and the Associated General Contractors of Minnesota �AGC). Appropriate AGC fringe benefit contribufions shall also be paid to the jointly trusted funds. Effective upon ratification of the contract. 1 • . The hourly rates for temporary Employees working in the classes listed below aze as shown: Bridge Maintenance Worker Water System Worker I Utility Worker I Parks Worker Sewer Services Worker Street Services Worker Effective 4/26/97 Effective 6/6/98 16.92* 16.92* 16.92* 16.92* 16.92* 16.92* 17.61* 17.61* 17.61 * 17.61* 17.61 * 17.61 * Effective April 1999 �s* *** a»* *** :*� *�* The hourly wage rates for temporary employees working in ciasses listed below shall be the same as the wage rates applicable to provisional, regulaz and probationary employees working in said classes as shown in Appendix A: Garden Laborer Gardener For temporary Employees working in the classes listed above the following fringe benefit contributions shall be made to the Minnesota Laborers' Fringe Benefit Fund: Health and Welfaze Pension Vacation** Training LECET Effective 4/26197 $2.54 $2.25 $1.30** $ .15 $ .06 Effective 6/6/98 $2.66 $230 $136** $ .17 $ .06 *This rate inciudes the tasable vacation contribution. *�This contribution is tasable. Effective April 1999 *** *** *** �:* **�x ***These rates were not available at the time of the contract being signed. : Appendiu B (Continued} 2. The hourly rates for temporary Empioyees working in the classes listed below aze as shown: Heavy Equipment Operator Revolving Power Equipment Operator r 1 LJ The hourly wage rates for temporary Employees in the classes listed below sha11 be the same as the wage rates applicable to provisional, regular and probarionary Employees working in said ciasses as shown in Appendix A. Tree Worker For temporary Employees working in the classes listed above the following fringe benefits shali be made to Funds designated by NOE, Loca149: Effective Effective Effective 4/26/97 6/6/98 ApriII999 19.14 19.82 20.54 19.41 20.09 20.81 Effective Effective 4/26/97 6/6/98 HeaIth and Welfaze Pension Training $ 3.10 $3.50 $ .15 $3.15 $3.60 $ .15 Effective April 1999 $3.15 $3.70 $ .15 The hourly wage rates for temporary EmpIoyees in the classes listed below shall be the same as the wage• rates applicable to provisional, regular and probationary Employees working in said classes as shown in Appendix A. *Driver Operator 4. Regulaz Employees who aze laid off and then called back in to work on a temporary basis shall receive the regular rate of pay as shown in Appendix A for such titles worked and shall continue to eam and accrue Ciry benefits for such hours worked. 5. For temporary Employees working in titles listed in this Appendix "B" whose length of service and eamings require that they be subject to Public Employees Refirement Association contributions, the rate of pay shall be the rate shown in this Appendix "B" for suck riUe divided by 1.0518. 6. If the union elects to have the fringe benefit contributions listed in this Appendix "B" increased or decreased, the Employer may adjust the applicable rates accordingly. C_ -B2- APPENDIX C �e following are special provisions for *Driver-Operator seniority: qS sa� All *Driver-Operators hired subsequent to July 1, 1970, except the six who were hired with the promotion rights from the Apri17, 1975 eligible list by departments other than Public Works, will be laid off at the end of December 1, 1978. Subsequent to December 1, 1978, the Public Works Departrnent shall hire from the layoff list all *Driver-Operators who will be needed throughout the City for the remainder of the yeaz. Subsequent to December 1, 1978, all reinstatements and new appointments will be made to the Public Works Department. Department or division promotion rules shall not apply to the classification of *Driver-Operator. Any *Driver-Operator taking an examination on a promotional basis for any othex title shall be considered a promotional candidate in the department in which he/she is working on the date of the examination regardless of the fact that such employee appears as *Driver-Operator on the Pubiic Works Department payroll. In the event that such employee is transferred to another department after the date of the examination, such employee shall be considered a promotional candidate in the deparhnent to which he/she is � transferred. No change in assignment shall be made prior to the date of the examination for the purpose of changing the department in which the employee qualifies as a promotionai candidate under this article. Employees appointed from the promotion list of the March 3, 1978, Truck Driver examination shall have *Driver-Operator seniority in the same order as the order in which their names appear on the promotional eligible list from which they were appointed. This does not apply to employees appointed from this list to the Board of Education. . - Cl- APPENDIX D � � l �� The following are generai policies regazding seniority for personnel permanently assigned to the Department of Public Works Street Maintenance and Sewer Maintenance Divisions and the Division of Parks and Recreation � the classifications of *Driver-Operator, Laborer, Street Services Worker, Heavy Equipment Operator, Sewer Services Worker, Groundsworker, Pazks Worker, Tree Trimmer II, Power C1am Operator and Tree Worker. These general policies will be followed when making job assignments to qualified employees. The productivity needs of the utilizing division may be considered when making job assignments. A. Department of Public Works Class seniority in the *Driver-Operator and Laborer titles shall take precedence over the Street Services Worker and Sewer Services Worker titles for all work assignments. This includes Heavy Equipment Operators who also hold the title of *Driver-Operator and who aze reduced to the title of *Driver-Operator. • � c. d. 2. Class seniority in the titles of'Driver-Operator and Street Services Worker shail be used to make temporary job assignments for Heavy Equipment Operator positions in the Street Maintenance Division. The Division shali identify the number ofprimary Driving Jobs needed each year by May 1, or after the full spring call back, whichever comes first. The primary Driving Jobs not assigned to *Driver Operators shall be bid using Class Seniority with empioyees holding the title Stteet Services Workers. The Street Service Workers selected shall be referred to as "Bid Drivers" and shall be assigned by seniority. #Driver Operators and "Bid Drivers" sha11 have their base pay increased by $.25 per hour. "Bid Drivers" will hold that designation and pay for one (1) yeaz until the next annual � bid is implemented. "Bid Drivers" will not be on Street Service Workers Overtime lists If laid off during ihe Winter lay off, "Bid Drivers" will be called in prior to Street Services Workers when there is a need for driving jobs. 4. Assignment to a shift eligible for shift differential premium pay shall be made based on class seniority. Senior employees in the affected class shall not be required to accept such assignment if there are employees in such class with less class seniority. Regulaz assignments to the night shift or weekend shiR shail be bid seasonally by seniority. Winter season bids shall be made between October 15th and November 15th each yeaz. Summer season bids shall be made after the full spring call back.The hours of each shift shall be defined on the bid sheet. Empioyees assigned a shift by seniority shall remain on that shift for the duration of the season, unless the shift is discontinued or mutually agreed to by the employee and the Department. The complaint assignments shail be exempt from these provisions and shall be at the discretion of the empioyer. . - D1 - Appendix D (Continved) A. Departmeni of Public Wori:s (Continaed) 6. Temporary vacancies on a shift shail be made by upgrading the senior eligible employee on the � shift, who holds the title for the assignment. Should additionat assignments become necessary, they shal] be made by classification seniority from a temporary vacancy list. An employee may add or remove his/her name from this vacancy list at any time. If a temporary vacancy cannot be filled from the vacancy list, the position w111 be fi2ted from the master senioriry list. B. Division of Parks and Recreation Class senioriry in the Crroundsworker and *Driver-Opemtor tit]es shall take precedence over the Parks Worker title in filling Groundsworker and *Driver-Operator positions respectively. In the event of a Iayoff in the title of Groundsworker or in the titte of Pazks Worker, for empIoyees who are certified to the title of Groundsworker and who are then certifted to the new titie of Parks Worker, their seniority in the tiUe of Groundsworker shall prevail. 2. Class senioriry in the Tree Trimmer II and Power Clam Operator titles shall take precedence over Tree Worker Utle for assignment to Tree Trimrner II or Power Clam Operator duties respectively. In the event of a layoff in the title of Tree Trimmer II or in the tifle of Tree Worker, employees who aze certified to the titIe of Tree Trimmer II and who aze then certified to the new titie of Tree Worker, their seniority in the title of Tree Trimmer II shall prevail. Assignment to a shi8 eIigible for shift differentiai premium pay sha11 be made based on ciass senioritv. Senior employees in the affected class shall not be required to accept such assignment. if there are employees in such class with less seniority. 4. a. The Pazks Division agrees to request a*Driver-Operator from the Ciry-wide *Driver- Operator seniority list to fiil behind a*Driver-Operator absent from his/her position in the Pazks Division in cases where the City has reason to believe that the absence will be for five (5} working days or longer. b. Both parties agree that the Employer is not required to follow the procedure in Item A above when the vacant position requires the handling of the "Snowmobile" or other pieces of equipment that requires special training andlar experience. c. The Union and Employer agree that in the event of a sepazation of employment of the current *Driver-Operators in the Parks Division, the decision to refill those affected positions and the decision of the appropriate ciass with which to refill the affecYed position subsequent to the sepazation of employment shall be made solely by the Employer. � -D2- Appendix D (Continued) B. Division of Parks and Recreation (Continued) • 5. Assignment to the N.S.P. CREW will be based on following: s� �� a. Vacancies in the Forestry NSP Crew will be filled by certified line cleazance tree trimmers who have satisfactory or higher performance ratings for at least the preceding yeaz and have no medical restrictions that lunit the employee's abiliry to perform the essential funcfions of the work required of the NSP crew. A pasirive drug(alcohol test wiil disqualify a crew member for a period of one yeaz from date of test. b. A list of Tree Workers interested in working on the NSP crew, who meet the minimum qualifications, will be solicited annually. The senior tree worker(s) on the sign-up list will be assigned to the NSP crew. If the selected Tree Worker turns down an opening, hislher name will be moved to the bottom of the list for future openings for the annual sign up period. c. NSP crew members will remain on the crew until they notify the supervisor they want a change, no longer meet the minimum qualifications; or are replaced by a more senior tree worker under the annual sign up procedure. C. Water Ufiiity The fol3owing procedutes will be used to determine the selection of personnel for overtime work • assignments. The selection of-personnel will vary somewhat due to varying circumstances. This policy shall apply to all bazgaining unit titles. JOB ASSIGNMENTS: 1. Job assignments for members of the Tri-Council at the Distribution Division of the Water Utility will be made using the fbllowing criteria: a. Short term (less than the full winter or summer cycle) assignments will be made at managements' discretion. � b. Full term (the entire normal winter or summer cycle) assignments will be made on the basis in a given title when openings occur on a particulaz crew. If there will be an opening for a fuli cycle on a crew, management will ask those employees working the same title as that opening if they are interested in the position. This will be recorded, and the most senior employee working in that tide interested in the }ob will be given the position, provided the empioyee is qualified. Should management have valid reasons not to appoint this candidate to the position, those reasons shall be given to the candidate in writing. If no one is interested in a position, the assignment will be made to the least senior Employee regularly working that title. C� -D3- Appendix D (Continued) JOB ASSIGNMENTS (Continued) c. Definitions for this section: • l. Seniority used shall be Class Seniority per I L1B. 2. "Normal" working cycles for the Utility are late November to late March (winter ) and late March to iate November (summer). 3. An "Opening" is defined as a vacancy on a crew expected to last at least one entire cycle. d. If a short Yerm assignment is made aud the time arrives to make assignments for the next cycle, management will review the assignment to determine whether it will be considered an"opening" or not. If it is considered an opening, Secrion B shall be followed. � � -D4- APPENDIX E The following aze general policies regarding the assignment of overtime. •A. Department of Public Works i. Sewer Maintenance Division i� �, s It is the policy of the Sewer Maintenance Division to assign overtime in a way wtuch is both fair to all employees and efficient for the adminisuation of this division. In order to implement this policy the following guidelines will be used by the supervisor in chazge of setting up crews to work overtime. a. An OVERTIME Ai\'D CALL OUT SCIiEDLTLE will be maintained. Names will be listed in order of seniority. This list will be updated periodically. When people aze called from this list, they will be called by title in order of seniority with the following exceptions: 1. A person who is on sick leave will not be cal3ed unless no one else is available. 2. A person who is on vacation will not be called unless all peopie on the list who worked that day are unavailable for overtime. In the case of overtime during the weekend, those people who worked on Friday will be called first. • People paid under a certain title during the workday will be called out for overtime under ihat title. If enough laborers or service workers cannot be found or if a jet operator is needed, then people who worked a different titie that day may be calied. 4. If a supervisor gets a cali during the workday on a job that may go into overtime, helshe wi11 assign the crew that is most available at that iime ta do ihe job. 5. If a crew is on the }ob and that job has to go into overtime, that crew will work the overtime. If this happens on a Friday and it will be necessary to work during the weekend, that same crew will be called first. The only exception will be for steaming during the weekend, in which case crews will be set up by seniority. � c. � 6. All persons on light duty will be moved to the bottom of the Overtime and Cail Out Schedule. It wil] be up to the supervisor who checks out the complaint to determine what equipment is needed and to cail out a crew to complete the job. Nothing in this policy will prevent a supervisor from deviating from this poticy when, in his/her judgment, an emergency e�sts or it is in the best interest of the division to do so. - El - Appendia E (Continued) 2. Street Maintenance Division a. Week-end and Holiday overtime wiil be assigned by seniority, from a posted sign-up list. This procedure wilI be used only when a11 H.E.O., #Driver/Operators, `Bid Drivers" assignees and Street Service Workers have been assigaed to work 40 hours. The assigned crew thaY starts a job shall continue on the job, when overtime is required to finish the job. If the job requires the week-end to furish, the original assigned crew wi11 be assigned to finish the job. b. *Driver Operators, Heavy Equipment Operators, Street Service Workers or "Bid Driver" assignees temporarily assigned for more than one week to other divisions (including for this purpose, the asphait p2ant) or to other departments, shall be moved to the bottom of the Street Maintenance Division seniority list for purposes of overtime for the duration of the assignment. c. The Dispatcher w�ill take up to two {2) phone numbers for each employee to be put on the seniority list. When work is available the Dispatcher wiil start ca[Iing from the top of the seniority list. Tf�e calls wiIl be made with no waiting between calls and first to answer wil] get the work. When a message is Ieft, available work will go to the first to respond. • d. If an employee is off a day for vacation, floating holiday, or comp time, he/she will be eligibie Yo be called for overtime work that starts after the conclusion of the regulaz work day. If an employee is off a day for sick leave, he/she will not be called for overtime work until the following day, If an employee is off sick on the last day of the regulaz work week, he/she may be called for overtime work, on his/her two regn2az days off, if he/she has called in to return to . work. If that employee, is then off sick on the first day of his/her work week he/she will need a doctor's certificate to be paid for that day. B. Division of Parks and Recreation Parks Maintenance Section Overtime assignment witltin the Parks Departtnent wili be made within crews by classification seniority to employees qualified to do the work. Disputes arising from these assignments �ay be appealed up to and including Step (3) of the grievance pmcedure of this Agreement. a When overtime is reqnired and a crew does not have enough employees to cover tiie event, the supervisor wili fill the crew first using crew seniority involving employees under his/her budget authority and then wiIi have the option to choose the crew he/she deems most appropriate. b. For the purpose of this section an employee assigned to a buiIding or faciliiy alone will be deemed a crew of one. - -E2- Appendix E (Continued} 2. Forestry Section 4�� i A sign up list will be circulated prior to each weekend during the storm season. employees that will be available for emergency call out work during that weekend wi11 so indicate on the sign up sheet. Attempts will be made to call out employees in the order of their seniority, however, condit3ons may prevail that prevent this in order to provide for a response to an emergency situation. If a crew is on storm damage clean up during normal working hours, that crew may continue after the eight hour work day has ceased until the Supervisor dismisses the crew. C. Water Utility The following procedures will be used to determine the selection of personnel for overtime work assignments. The seleciion of-personnel will vary somewhat due to varying circumstances. This policy shall apply to all bazgaining unit titles. DEFINITIONS: Standard Overtime List: Weekly on-call overtime list Stand-by Overtime List: List used if the Employer can not get anyone from the standard list to report. �� OVERTIME LIST ELIGIBILITY: i. There shall be a standazd overtime list and a stand-by overtime list with the night shift and day shifts having sepazate standard overtime lists. 2. A person holding more than one title shall use his/her normal working title for the standazd overtime list and any other titles on the stand-by overtime lists. 3. A person not volunteering for the standard overtime list with hislher normal working title, may be on the stand-by list. 4. If a person is off a day for vacation, floating holiday or compensatory tune, he/she will, be eligible to be catled for overtime work that starts after the conclusion of their regulaz work day. If an employee is off a day for sick leave, helshe will not be called for overtime work untii the following day. If an employee is off sick on the last day of the regulaz work week, he/she may be called for overtime work on his/her two regu2az days off if he/she has called in to retum to work. If that employee, is then off sick on the first day of hisfher work week, helshewill need a doctor's certificate to be paid for that day. � 5. Personnel assigned to the night shift will not be on the standazd overtime list for days but may be on the stand-by overtime list. - E3 - Appendis E (Continued) QVERTIME LIST ELIGIBILITY (Continued) � 6. An overtime assignment calI-out sheet shalI be used for both day and shift overtime call outs to verify proper use of the procedures. Anyone urtentionally misusing the overtime policy shall be subject to discipline. OVERTIME LIST SELECTION PROCEDURES — DAY CREWS A person does not have to be on the votuntary siandard over[ime list, however, if a person is on the list they will be required to work when called. Catling out for overcune shall be done in a cautious and courteous manner. When calling on the phone, the caller shouId identify themseIves and state the reason why the call is being made. Overtime is important to ail and should be treated as such. The foreman should be calIed first as he has to obtain utilities. If there is any question as to the need to work on, overtime the circumstances should be discnssed with the foreman before the decision is made to call a crew. An additional 30 minutes to call the rest of the crew should be no problem. Only the Foreman, or Control Desk Worker may acivatly do the calling -- it shoutd not be delegated any further. The form shalt be completety and accurately filled in and signed by the caller. Two attempts to a m�imum of two (2) numbers, shall be made to call each person to assure that wTOng numbers, busy signals and no answers are double-checked. It is suggested that others be called while giving 10 minutes between first and second attempts. A quick response is expected to the overtime offer, so that a crew can be constructed and work will not be � delayed. During the normal work day, it is understood thaY in some cases, up to an hour may be necessary to contact, family, etc., before the decision to work can be made. However, after 3:00 PM, it is necessary to get an answer within 15 minutes so as not to delay the job as people aze leaving for the day. The individuat w�ho is "up" that week should know in advance whether or not he/she can work overtime. The foreman will, to the extent feasible, allow employees the opportuniry to make a quick phone call if necessary. The standazd overtime list wiil be used for cailing out peopie for overtime. �f the person who is up that week cannot work, the other people shaIl be cailed by rotating through the standard overtime IisY and if no one is availab]e then the stand-by overtime list will be used, except if cailing for a WtJWII or WUWI --then the night overtime list will be used, then the day stand-by list. Temgs will be used as a last resort. 2. Rules for Standb}� Overtime: Water System Worker II. After e�chausting the WS W II overtime list, proceed in the foltowing sequence: a. Go to the WSW I Standazd Overtime List. b. Go to the Rotating WSW II/WSW I Standby Overtime List. Water System Worker I. After exhausting the WSW I overtime list, proceed in the foliowing sequence: a. Go to the WSW II Standard Ovartime List. b. Go to the Rotating WSW II/WSW I Standby Overtime. - -E4- Appendix E (Continued) i. . + �� OVERTIME LIST SELECTION PROCEDURES -- DAY CREWS (Continued) • 3. Personnei wili be selected from the overtime list for emergency jobs that come in after normal worl:ing hours (main breaks, etc.) or for planned overtime }obs where no crew has previously worked on the project during normal working hours. 4. If a crew cannot complete a job in normal working hours and the decision is made to continue the job into overtime, all crew members are expected to work the overtime. If prior commitmenfs prohibit crew members from working the overtime, they may be replaced; according to #1 above however, they aze to stay on the job until their replacement arrives so as not to delay job completion. If the job will go beyond 2 hours of overtime, any HEO's not on the standazd overtime list shall be replaced at 4:00 p.m. If the job, inciuding the sireet repair crew, will go beyond 4:00 p.m., the Truck Driver (if it is not his week) shall be replaced. Those not holding the proper supervisor title shall be replaced. If possible, the Dispatcher sha11 switch drivers on jobs between 2:00 p.m. and 4:00 p.m. to allow the driver who is up to be on the overtime job. If this is not possible, the replacement driver shall begin at 4:00 p.m. with a different truck. The daytime driver shall be released when the truck is empty (i.e. if the truck is being filled the driver shal] be released after emptying at the landfill and if hauling fill to the job the driver shall be released when the fill has been dumped.) If more than one truck is needed for overtime, the overtime list shall be followed as per the above procedures. Other replacement workers will be permitted only in emergencies. � If there are multiple overtime jobs on a normal working day, the truck driver who is on hislher scheduled overtime week shaIl be switched to the job anticipated to last the longest. This shali be done when the job helshe is presently working has been completed, or at some practical point. If a crew is working on a project and the decision is made that work will have to be scheduled during overtime hours (due to shutoff complications, etc.} the crew that is on the job at that time will also work the overtime, except for the Truck Drivers, HEO's and any employee working out-of-title. They will be called off the standard overtime list. If any other members of ihe crew cannot work the overtime, the vacancy wi11 be fiiled from the overtime list. 6. If a job comes in after 2:00 and will result in overtime, it shall be at the discretion of the Superintendent or Assistant Superintendent if #3 or #4 will apply. Anyone working overtime through the night will not be allowed to work overtime the foilowing night. Temporary workers may not work more than one hour of unscheduled overtime unless no one else is available after following the overtime selection procedures defined in section 1 and 2. If a temporary worker is on a job and needs to be replaced because the job is going to last more than an hour, replacement workers will be cailed out according to sections 1&2. -ES- Appendix E {Continued) OVERTIME LIST SELECTION PROCEDURES - IIIGHT CREWS Night crews shail schedute vacation so only one emptoyee is off at a time. If a person is missing on the evening shifi and a Iazge amount of work is carried forwazd from the day shift into the evening, a day shift UWII may be kept to help cleaz up the backlog or a replacement cailed in at management's opuon (generally, this wiil depend on whether or not there aze more than 2 hours of work). The single swing shift IJWII may or may not be replaced depending on workload. Again, when and how this replacement is made will be at the option of management as above. If hvo crew members are missing from a shift, one replacement shalI be called as following from the night shift overtime list: 1} Ifthe CDW and the UWIUCDW are offthe CDW is called. 2) If the CDR� and UVJII are off, the UWIUCDW works the desk an@ a UWII is calted. 3) If the UWII/CDW and the UWII aze off, a LTWII is called. During the period from November 15th to Mazch ISth, it may be necessary to replace both employees (all three if all are off) depending on workioad on the late and weekend shifts. It is managemenYs intention to maintain a three person crew during this period. This three person crew includes the evening shift Monday through Friday UWI, and late shift UW7 if so used. � If no one can be found to come in from the standazd night overtime list, a replacement shaIl be sought from the � day standazd overtime list, before going to the night standby list. The night crew overtime list shalI rotate as used. DISTRIBUTION DIVISION OVERTIME POLICY: The foIlow•ing procedures will be used to determine the selection of personnel for overtime work assignments. "F�e selection of personnel will vary somewhat due to circumstances, This policy shail appty to ali tities. New lists will be established in, March, July, and November of each yeaz in order by senioriry and rotated by four months. OVERTIME POLTCY FOR THE THAWING RIGS: In the event it is necessary to work overtime to thaw frozen services, the following policy will apply: t) The crew will consisY ofone Water 5ervice Supervisor (WSS), one Heavy Equipment Operator (HEO}, one Utility Worker II(LTWII), and one Uriliry Worker I(UWI). 2� If it is necessary to continue working the rig after working a reguIaz work day, the crew wiil be called off the thawing overtime list. 3) 4} For the case of starting a crew during overtime hours, the entire crew wi11 be called off the list. For either case, fhe usual rules about maximum number of hours worked consecutively will apply. � -E6- Appendix E (Continued) OVERTIME POLICY FOR THE THAWING RIGS (Continued) i, � i; • 5) The "list" will consist of ali those day employees holding the above titles who are interested in working. This list will be developed each November and will be listed in order of seniority in that title. The list will "rotate", i.e., an employee's name will be moved to the bottom of the list after working or being given an opporiunity to work. If no UWII from days is able to work, a UR�Il will be called offthe night list. OVERTIME POLICY FOR WATER DEPARTMENT SNOW PLOWING: A list of those HEO's interested in plowing snow on overtime will be developed in order of seniority by November of each yeaz. The list will rotate; each HEO will be moved to the bottom of the list after working or being given an opportunity to work. VADNAIS STATIOIrTIHIGHLAND OVERTIME POLICY: Water Utility Worker IlGrounds worker The following procedures shall be used to determine the selection of personnel for overtime work assignments. � MiVOTE: Al1 overtime will be approved by the Watershed Supervisor II. The Watershed Supervisor II wi11 ca11 personnel for overtime, Personnel will be called in for overtime based on seniority defined as combined continuous experience as a Water Utility Worker I or Grounds worker at Vadnais/I-iighland. There aze exceptionslclarifications to this rule as outlined below: (1) �2) (3) a. I�4any of the duties of the Water Utiliry Worker I's and Groundsworkers are similaz. The Grounds worker will not be called in when the overtime task involves duties exclusive to the. Water Utility Worker I title such as reservoir cleaning, conduit work and sludge field pipe work. b. Monday through Thursday: If an empioyee takes time off on a Friday or the day before a hoIiday and they make it known to the Watershed Supervisor II that they are available for overtime, they will be eligible for overtime. c. Friday or the day before a holiday: If an employee takes time off on a Friday or the day before a holiday and they make it known to the Watershed Supervisor II that they aze available for overtime, they wiil be eligibie for overtime. d. When a crew is on a job that goes into overtime, that crew will continue the job until it is suspended forthe day. Management reserves the right to operate differently from the above Water Utilitiy policies when it is deemed necessary. Every effort wiil be made to follow the above golicies. E7 MEMORANDUM OF UNDERSTANDING CIg- J c�$ - BETWEEh` THE CTTY OF SAINT PAUL AI��D THE TRI-COUI�'CIL • LOCAL 120 - LOCAL A9 - LOCAL 132 Parks LMC on Seniority The City of Saint Pau] and The Tri-Council Local 120, Local 49 and Locai l32 agree to the follow�ing: The Ciry and Tri-Council recognize that each party has specific concems in assuring that night and weekend }ob assignments be conducted equitably by Management, as long as productivity and the efficiency of operations are not adversely affected in any way. Moreover, each Department and its respective work force have unique ideas and concems. Therefore, the C'rry and Tri-Council agree that good faith considerations of these issues will occur in a Division ofParks and Recreation labor-management cooperafive committee. The committee will set a specific time period for discussing this issue, beginning no later than September 1, 1998. The committee wili adhere to the guidelines relating to structure and procedure as established by the Minnesota Bureau of Mediation Services. If no such committee • cunently exists in the department, one will be established for this specific purpose. Any joint recommendation(s) amending the ]abor agreement or a practice will be submitted to the Director of Labor Relations and the Exclusive Representative for their approval. The foliowing ground rules shall apply unless committee members agree otherwise by consensus. i. Union designated representatives, including Business Agents: two from Local 120, hvo from Local 49 and three from Local 132 . 2. Will meet a minimum of every six (6) weeks for up to eight (8) months, unless they reach resolution eazlier. 3. For discussions of seniority, the only Union members will be representatives of Tri- Council. 4. On city Time. . Parks LMC on Seniority This Memarandum o£Understanding shall not be used in any way as a binding precedent on either of the parties. WITNESSES: FOR THE CITY THE TRI-COUNCIL LOCAL 120 - LOCAL 49 - LOCAL 132 Mary . Kearney ' Director of Labor Relations DATE: ��GSS � � _ ��!G�, � Brad Slawson Business Rep., Local 120 DATE: C� — �- �cs Gerald Dietrich Business Manager, Local 132 � Business Representative, Local 132 DATE: � ��_� / `/l � / I i " � i � � • � � � � R/Q�+�- CIUG'�"'" - Dave Erickson Business Representa$ve, Loca149 DATE: ( � � • . � � MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAINT PAUL AND THE TRI-COi3NCIL LOCAL 120 - LOCAL 49 - LOCAL 132 �� . s Water IItiIity LMC on Sick Leave Use CJ The City of Saint Pau] and The Tri-Council Locai 120, Loca149 and Local 132 agree to the following: The City and Tri-Council recognize that each party has specific concems regarding the use of sick leave in the Water Utility. The Utility and its work force have unique ideas and concems that can be used to investigate and make recommendations regarding sick leave use. Therefore, the Cin� and Tri-Council a$ree that good faith considerations of this issue wiil occur in a Water Utilin� labor-management cooperative committee. The committee will set a specific time period for discussing this issue, beginning no later than December 31, 1998. The committee wil] adhere to the guidelines relating to structure and procedure as established by the Minnesota Bureau of Mediation Services. lf no such committee currentiy exists in the department, one will be established for this specific purpose. An}� joint recommendation(s} amending the labor agreement or a practice will be submitted to the Director of Labor Relations and the Exclusive Representative for their approval. The follow�ing ground rules shall apply unless committee members agree otherwise by consensus. 1. Union designated representatives, including Business Agents: two from L,ocal 120, two from Local 49 and three from Local 132 . 2. Other Unions representing employees at the i3tility will participate in the committee. 3. Will meet a minimum of every six (6) weeks for up to eight (8} months, unless they reach resoJution eazlier or unless continuing to meet will not be productive. 4. Resolution of issues will be by consensus. 5. On city Time. / Water Utility LMC on Sick Leave Use This Memorandwn of Understanding shaIl not be used in any way as a binding precedent on either of the parties. WITNESSES: FOR THE CITY �- �� Mary . Kearney ! Direccor of Labor Relations DATE: `��(1"c� THE TRI-CdUNCIL LOCAL 120 - LOCAL 49 - LOCAL 132 �� .f--�.� Brad SIawson Business Rep., Locai 120 DATE: �a-S—�1{'' �� Gerald Dietrich Business Manager, Local 132 �a�: �' S- 9�, Business Representative, Local 132 L� �iWe 4su.r.KA*��`- Dave Erickson Business Rep., Loca149 DATE: 6 �.f�R � ..��`�.�__., Business Manager, Loca149 DA�: ��sl� � n U CJ � � C �' � MEMORANDUM OF Ul\'DERSTANDING BE'TWEEN THE CITY OF SAI:tT PAITL Ah'D THE TRI-COUNCIL LOCAL 120 - LOCAL 49 - LOCAL l32 gg- �b� R'ater UtiIity Uniform LMC • The City of Saint Paul and The Tri-Council Loca3 120, Local 49 and Local 132 agree to the fotlowing: The City and Tri-Counci] recognize that each party has specific concerns regarding the selection of a uniform and development of a Uniform clothing policy far the Water Utiliry. Therefore. the City and Tri-Council agree that good faith considerations of this issue wiil occur in a�'ater Utility labor-management cooperative committee. The committee wi11 set a specific time period for discussing this issue, beginning no later than August 1, 1998. The committee will adhere to the guidelines relating to sWcture and procedure as established by the Minnesota Bureau of Mediation Serviees. If no such committee currently exists in the department, one will be established for this specific pwpose. An�� joint recommendation(s) amending the labor agreement or a practice will be submitted to the Director of Labor Relations and the Exciusive Representative for their approval. The foliowing ground rules shail apply uniess committee members agree othenvise by consensus. 1. Union designated representatives, including Business Agents: two from Loca1120, two from Loca] 49 and three from Local 132 . 2. V�'ill meet a minimum of every six (6} weeks for up to eight (8) months, unless they reach resolution earlier. 3. Resolution of issues wiil be by consensus. 4. On city Time. � Water Utility Uniform LMC This Memorandum of Understanding shall not be used in any way as a binding precedent on either of the parties. WIINESSES: FOR THE CTTY TFIE TRI-COUNCIL LOCAL 120 - LOCAL 49 - LOCAL 132 M �l e �� Director of Labor Relations DATE: 2�/�l4'� /�� ,��.- Brad Slawson Business Rep., Loca1120 DATE: � --� �ar' �� _`� Crerald Dietrich Business Manager, Local 132 DATE: � — ,�'- 9 � Business Representative, Loca1 132 l�7� �� Dave Erickson Business Rep., Local 49 DA�: �/SI�� Business Manager, Loca149 DATE: �?� t J�� • � _ r` 98 J 5a� MEMORANDUM OF UNDERSTANDING • BETWEEN THE CITY OF SAINT PAUL AND 'I'HE TRI-COUNCIL LOCAL 120 - LOCAL 49 - LOCAL 132 Selection for Training in the Streets Division • The City of Saint Paul and The Tri-Council Local 120, Local 49 and Local 132 agree to the foliowing: The City and Tri-Council recognize that each parry has specific concerns regazding the selection or deniai of an employee for a training opportunity. Therefore, the City and Tri-Council agree that upon the receipt of a written request from an employee who feels helshe was denied a training opportuniry, the Street Division will provide a written expianation of the reasons that went into the selection for the training. This Memorandum of Understanding shall not be used in any way as a binding precedent on either of the parties. WITNESSES: FOR THE CITY Mary �earney Director of Labor Relations DATE: �L la THE TRI-COUNCIL LOCAL 120 - LOCAL 44 - OCAL 132 Brad $lawson � � �� Business Rep., Local 120 DATE: � -S. �$ �..�.��_ Gerald Dietrich Business Manager, Local 132 DATE: � —.� — P� Business Representative, Local 132 DATE: �� Dave Erickson Business Repres�ntative, Local 49 r Appendix A (Continued) .� 4-26-97 12-6-97 6-6-98 10-24-98 Apri199 June 99 Nov 99 2.0% 0.5% 2.0% 0.3% 0.2% 5/1/99 2.0% 0.5% 'Tractor 16.47 16.55 16.88 16.93 16.96 1725 17.60 17.69 Operator I *This title is abolished except as to present incumbenu. GROUP C 4-26-97 12-6-97 6-6-98 2.0% 0.5% 2.0% Asphalt Plant Operator 19.56 19.66 20.05 Heavy Equip. Operator 19.56 19.66 20.�5 Heary Equip Oper/Asphalt 19.56 19.66 20.05 ] 0-24-98 Apri199 0.3% 0.2% 20.11 20.15 20.11 20.15 20.11 20. Plant Heary Equip. Oper/Water 19.56 19.66 20.05 20.11 20.15 Uti{ity )et Sewer Cleaner Oper 19.10 19.20 Paving Breaker(Hydra 19.56 19.66 Harnmer/Tamper) 'Power Clam Operator 19.56 19.66 RevolvingPowerEquip 79.82 79.92 Operator * This title abolished except as to present incumbents. June 99 Nov 99 2.0% 0.5% 20.55 20.65 20,55 20.65 20.55 20.65 20.55 � 20.65 19.58 � 19.6�/ ' 19.68 20.15 I 20.55 I 20.65 20.05 � 2g:11 � 20.15 2032 20.73 20.83 20.05 20.11 20.3 20.38 GROUP D 2Q.15 20.55 2Q.65 20.42. 22.67 23.12 23.24 4-26-97 12-6-97 6-6-98 10-24-98 April 99 June 99 Nov 99 2.0% Q.5°fo 5(1(98 2.0% 0.3°lo I(1/99 03% 2.0% 0.5% *AriverOperator 16.49 16. 16.82 17.16 17.21 17.25 17.28 17.63 ]7.72 •This title aboiished except as to p sent incumbents. GROUP E 4-26-97 12-6-97 6-6-98 10-24-98 ApriI99 June 99 Nov 99 2.0% 0.5% 2.0% 0.3% 0.2% 2.0% 0.5% Forestry Crew Lea er 1937 19.47 19.86 19.92 19.96 20.36 20.46 Tree Worker 17.62 17.71 18.06 I8.] 1 18.15 ]8.51 18.60 �18�5 �� Appendix A (Continued) The Ciry agrees that if a classification study of the Bridge Maintenance Worker or Bridge Crew Leader title results in a proposed increase, the City will implement such increase retroactive to the date of the completed job profile. PREMIUMS A. Employees required to work eight (8} feet or lower beneath ground shall receive three percent (3%) per hour above the regular base hourly rate for each hour or any part thereof worked in such an assignment. This provision shali not apply to employees working under the tifles of Water System Worker I or Water System Worker II. Effective May l, 1999, this premium shall increase to 3.5%. B. A premium pay of fifry-cents ($.50) per hour shall be paid for all swing stage work, such as work performed from a boatswain's chair or a swing scaffold or hazardous work that requires the use of a safety belt fifty (50) feet or more above the ground. All standard safety laws shail be complied with. C. Tree Workers assigned to the crew performing tree trimming duties in assisting Northem States Power Company shall receive $.50 per hour above the regulaz base rate or any part thereof worked in such an assignment. Effective May 5, 1998 this premium shall be four percent (4%) per hour above the regulaz base hourly rate of a Tree Worker for each hour or any part thereof worked in such an assignment. D. Employees assigned the duties of Oiler Operator shail receive $.75 per hour above the regulaz base rate for each honr or any part thereof worked in such an assignment. E. Street Services Workers, Pazks Worker or Water Utility Workers I assigned to perform duYies of an *Asphalt Raker shall receive $.45 per hour above the regulaz base rate for each how or any part thereof worked in such assignment. F. Street Services Workers or Water Utility Workers I assigned to perform duties of an*Tacman/Tamper shall receive $.50 per hour above the regulaz base rate for each hour or any part thereof worked in such assignment. An additional $.20 per hour shall be paid for assignment to the duties of *Tacman/Tamper. This is in lieu of any clothing aIlowance and shall be paid only for hours worked performing such duties. G. Any Parks WorkerJ*Grounds Worker assigned to operate a 580-D or a rotary grass cutting machine kaving a cutting width of over 15 feet skatl receive $.45 per hour above the regular base rate for each hour or any part over one fourth hour actually worked in such an assignment. The regular operators of the 580-D equipment from previous seasons will be considered first for these assigruaents. For new openings, the Division will post the opening and take the senior qualified candidate. However the Division does not waive its rights to assign premium pay positions to less senior employees if it deems it necessary. This premium does not include reel mowers or 7-gang mowers. H. Pazks Workers or Grounds Workers assigned to an abatement crew on a summary abatement deemed to be hazardous by the Health Department Inspector and PED summary abatement supervisor and requiring the use of special protective cIothing shafl receive $.60 per hour above the regulaz base rate for each hour or any part thereof worked in this assignment. Effective January 1, 1999 upon completion of training. � -A4-