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91-1992 ��^�• j __\l Council File ,� N� �'�f'7 / �� / ,� Green Sheet � 7300 RESOLUTION CI SAINT PAUL, MINNESOTA Pr sented By / Referred To -e-� Committee: Date �v �'-'� RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1991 - 1993 agreement between the City of Saint Paul and the International Association of Machinists District Lodge No. 77. mon'3�— as Navs Absent Requested by Department of: ca ee =� Perso el and Labor Relations e man —TFi'une _ By: Adopted by Council: Date /,Z - /2 – 5'� Fo Approve y City Attorney Adoption Cer ified y Council ,$ecretary BY: • ,� BY� Approved by Mayor for Submission to Approved by tka ate � �-�'Z, `� Council DEC12191 �� gy: - By: �; � ��_. .-,�� , r�!�' s�� : �i�l. � � �� -�� ✓ ATTACHMENT TO GREEN SHEET 1. Financial Information A. Nwnber of Employees Affected: 69 CURRENT COSTS NEW COSTS 7190 thru 6/91 191 thru 6�92 INCREASE WAGES $ 2,128,213 $ 2,192,059 $ 63,846 INS. 121,084 151,622 30,538 PERA 95,344 98,204 2,860 FICA 162.808 167.693 4.885 $ 2,507,449 $ 2,609,578 $ 102,129 For the period of May, 1991 thru April, 1992 the figures reflect a wage increase of 3� and a total package increase of 4.1$ The total package is based on wages, insurance, PERA contributions and Social Security contributions. The wage increase is retroactive to June 29, 1991. The insurance increase is not effective until January l, 1992. This is a two-year contract which requires the parties to reopen for Wages in June, 1992 and for Insurance in January, 1993. This contract includes significant changes in the Retiree Insurance provisions. There is no longer any differentiation between early retirees and regular retirees. Under this new contract, the City will be obligated to provide only the least expensive single coverage for eligible retirees. The retiree selecting a more expensive single coverage will pay the amount which exceeds the least expensive single coverage. Any dependent coverage selected by the retiree must be totally paid by the retiree. This applies to any eligible employee retiring on or after January 1, 1995. Employees retiring prior to January 1, 1995 will have a choice of the present retiree insurance benefits or benefits under the new provisions. Other changes in the insurance provisions provide the City's Cafeteria Plan to eligible employees. The City's contribution will be the same for all eligible employees ($220 per mo. ) . Employees will be required to select minimum coverages. Any remaining money of the City's contribution will be paid to the employee at the end of each year as taxable money but not subject to any pension contributions. This contract also includes language changes in the following articles. * Discipline * Holidays * Hours of Work * Grievance Procedures * Tool Insurance and Clothing * Sick Leave * City Mileage * Layoff and Bumping Other changes are primarily housekeeping in nature. These include such changes as making terms gender neutral, deleting obsolete and redundant language, and rewording existing language to clarify the original intent. _ ��g��/ DEPARTMENT/OFFICE/COUNqI DATE INITIATED �/ Personnel and Labor Relations 9/30/91 GREEN SHE�T No. �300 COMTACT PERSON�PNONE INITIAU TE INITIAUDATE ARTMENT DIRECTOR �CITY COUNqL David Abrams 292-7301 N�f� A�� CITY CLERK MU8T BE ON COUNCIL AOENDA BY(DAT� pOUTINO OOET DIRECTOR �FIN.8 MGT.SERVICES DIR. MAVOfi(OR A8818TANn, � TOTAL M OF SIONATURE PAGES � (CLIP A�L LOCATIONS FOR SIGNATUR� ACTION REOUESTED: This resolution approves a two (2) year contract between the City of Saint Paul and the International Association of Machinists �listrict Lodge No. 77. RECOtitMENW►Tro�s:�PD��l�I a►�(� COUNCIL CANqrii117EF.�ARCFi REPORT _PLANNINO COAAMISSIOM _qVIL 8ERVIC.B COMMI8810N �Y� PMONE 1�. _CIB COMMITTEE _ -STAFF _ �MENTS: _DISTRICT COURT _ � SUPPORTS YVNICFI COUNpL OBJECTIVE? 7 INITMTINO PROBLEM,188UE,OPPOATUNITY(Who,Wlwit,WMn,WINn,Wh�: Current contract expired on June 30, 1991 . R�CElVrD OCT 0 7 19 ADVANTAOEB IF APPROVED: � MAY�R'S OFFIC�E Two-year settlement with this unit. See Attached. DISADVANTAC3E81P APPROVEb: None qFGFIVED OCT 151991 , ,�.�-�; ;�:�KK ��F��o: Possible strike or arbitration 4UUf��P_!�PaMh �!� l�l� ► v ;� �.�J I r�- � :� R�� lst year: $102, 129.00 ,_ ------ TOTAL AMOUNT OF TRANSACTION i 2nd year: Reopen Contract�T/REyENUE BUppETgp�C�LE pNl� YES NO FUNDINO SOURCE Various ��y�Y��,ep FlNANGAL INFORMATION:(EXPWI� dw r NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE OREEN SHEET INSTRUGTIONAL MANUAL AVAILABLE IN THE PURqiASIN�i OFFI(�(PHONE NO.298-4725). ROUTIN(i ORDER: Below are proferred routinga for the flw rtwst froquent types of dxumsnts: CONTRACTS (assumss authorized COUNCIL RESOLUTION (Am�nd, BdgtsJ budget sxists) Accspt. Orants) 1. Outside Agency 1. Depertmsnt Director 2. In�faUnp Departmsnt 2. Budget Director 3. qy Attomey 3. Gty Attomey 4. Mayor 4. MayoNAselatant 5. Finsncs 8 Mymt Svcs. Director 5. Cily Coundl 6. Rnance AccouMiny 6. Chief Axourtteu�t. Fln&Mgmt Svcs. ADMINISTRATIVE ORDER (Bud�et COUNCIL RE80lUTION (all others) Revision) and ORDINANCE 1. Activity Manager 1. Initistinp DspartmsM Director 2. Dsp�RmsM AccountaM 2• �Y AnO��Y 3. Dep�Rmsnt Director 3. MayoNA�istant 4. Budpet Dir�Ctor 4. City COUf�cil 5. City Clork 8. Chief AccouMant, Fin &Mgmt Src�. ADMINISTRATIVE ORDERS (all othsrs) 1. Initiatin�D�partment 2. Gy Attcxney 3. AAuyoNAesistaM 4. City Clsrlc TOTAL NUMBER OF SICiNATURE PACiE3 Indicets tl�s M of pagss on which sipnaturss are required and papsrclip �ch of thsas�ss. ACTION REOUESTED D�crfbe what the proJscUnque�sssks to accomplish fn efthsr chronolopi- cal order or order of importanw.whfchsver is nwst appropriate for ths ias�. Do not wrfte complets ssMarx�s. Bpin sach iMm in your liat wfth a verb. RECOMMENDATIONS Complete if the issus in questio�has beon prseeM�d before any body, public or privats. 3UPPORT3 WHICH OOIJNqL OBJECTIVE? Indk�te which Councfl objectiw(e)Y��P�re4��PP�rts by Iistinp ths ksy word(s)(HOU81N0, RECREATiON, NEIOHBORHOOD3, ECONOMIC DEVELOPMENT, BUDOET,SEWER SEPARATION�.(SEE OOMPLETE LI8T IN IN3TRUCTIONAL MANUAL.) CQUNCIL COMMITTEEIRESEARCH REPORT-OPTIONAL AS AEQUESTED BY OOUNqL INITIATINC3 PROBLEM, 133UE,OP'PORTUNITY Explaln the situation or oondidons that created a need for your project or requeat. ADVANTAQES IF APPROVED Indicate whether this is simply en annud budgat procedure requlred by law/ charter or whether thsre aro spsciflc wa in which ths City of Sairn Paul and its citizens will bsnsfit from thk pro�t/action. DISADVANTAOES IF APPROVED What nepative affects or major chan�s to existing or past proc�saea might this projecUroquest produoe N ft ia pessed(e.p.,trafNc delays� noise� tax Increaees or as�sssmtnts)?To Whom?When4 For how bng? DISADVANTA(3ES IF NOT APPROVED What will be the nepativs consequencas if ths promised action is not approved? Inabiliry to dslivsr aenrice?Continued higlt traifio, noise, accideM rats? Lws of rwsnue? FlNANCIAL IMPACT Akhouph you must tabr the infomnetion you provfde here to the issue you � aro addre�sing, in gensral you must answsr two qu�tbns: How much ia it poinp to cost?Who is�oing to pay? • INDEX ARTICLE TITLE PAGE 1 Recognition 1 2 Definitions 2 3 Maintenance of Standards 3 4 Check Off and Administrative Service Fee 4 5 Union Rights 5 6 Management Rights ( 7 Discipline 7 8 Hours, Overtime Pay g 9 Tool Insurance and Clothing 10 10 Jury Duty 11 11 Legal Services 12 12 City Mileage 13 13 Active Employee Insurance 14 14 Retiree Insurance 16 15 Holidays lg 16 Vacation 19 " 17 Grievance Procedures 2p 18 Savings Clause 24 19 Severance Pay 25 20 Wage Schedule 29 21 Strikes, Lockouts, Work Interference 30 22 Sick Leave 31 23 Maternity Leave 32 24 Safety Shoes 33 25 Layoff and Bumping 34 26 Duration and Effective Date 35 Appendix A A1 Appendix B gl - ii - � THIS AGREEMENT BETWEEN THE CITY OF SAINT PAUL AND DISTRICT IADGE #77, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO. This AGREEMENT has been entered into between the City of Saint Paul, hereafter referred to as the EMPLOYER, and District Lodge #77, International Association of Machinists and Aerospace Workers AFL-CIO, hereafter referred to as the UNION. This AGREEMENT has as its purposes, the promotion of harmonious relations between the EMPLOYER and the UNION, the establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in full compliance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1984, as amended. - iii - ' ARTICLE 1 - RECOGNITION , _ 1.1 The EMPLOYER recognizes the UNION as the sole and exclusive bargaining . agent for the purposes of establishing wages, benefits, hours and other conditions of employment for all of its employees as outlined in the certification by the State of Minnesota, Bureau of Mediation Services, dated August 15, 1973, in case No. 74-PR-77-A, and as set forth below: All regular, probationary, and provisional vehicle and equipment maintenance personnel who are employed by the City of St. Paul or who have their "terms and conditions of employment" established by the governing body of the City of St. Paul in the classifications of Audio-Visual Equipment Repairman, Auto Body Repairman, Auto Body Repairman Helper, Auto Washer, Equipment Repairman, Fire Buildings Repairer, Fire Equipment Serviceman, Food Service Equipment Specialist Helper, Machinist, Mechanic-Welder, Parking Meter Repair Worker, Parts Runner, Tire Repairman, Traffic Sign Worker, Utilityman, Utilityman I, Vehicle Mechanic, Vehicle Mechanic (Heavy Truck & Equipment) , Vehicle Mechanic Leadworker, Vehicle Maintenance Worker (Heavy) , Vehicle Maintenance Worker (Light) , Vehicle Mechanic Trainee, Welder and Welder Leadworker� excluding supervisory, confidential, temporary, emergency and employees exclusively represented by other labor or employee organizations. 1.2 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 bargaining unit, and the parties shall take all steps required under the Public Employment Relations Act to accomplish said objective. ' - 1 - ARTICLE 2 - DEFINITIONS " 2.1 Collective Bargaining. The EMPIAYER will bargain collectively with the � � UNION with respect to rates of pay, hours and conditions pertaining to employment for all of the employees in the unit hereinbefore set forth. 2.2 Discrimination. The EMPLOYER will not interfere with, restrain or coerce the employees covered by this AGREEMENT because of inembership in or activity on behalf of the UNION. The EMPIAYER will not discriminate in respect to hire, tenure of employment or any term or condition of employment against any employee covered by this AGREEMENT because of membership in or activity on behalf of the UNION, nor will it discourage or attempt to discourage membership in the UNION, or attempt to encourage membership in another Union. 2.3 This AGREEMENT shall designate and define benefits with the exception of pension benefits that shall be granted to the employees by the EMPIAYER. If subsequent to this AGREEMENT, any governing body passes a provision which shall create a cost benefit for a employee in this unit, the cost of such benefit shall be paid by the employee until such time as the responsibility of the cost is subsequently negotiated. This provision shall not compel either party to reopen negotiations during the course of an existing contract. - 2 - ARTICLE 3 - MAINTENANCE OF STANDARDS � 3.1 The parties agree that all conditions of employment relating to wages, � hours of work, overtime differentials, vacations, and all other general working conditions shall be maintained at not less than the highest minimwn standard as set forth in the Civil Service Rules of the City of Saint Paul, (Resolution No. 3250) 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. - 3 - ARTICLE 4 - CHECK OFF AND ADMINISTRATIVE SERVICE FEE • 4.1 Dues. The EMPIAYER agrees to deduct the UNION membership dues once , each month from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the EMPLOYER by a representative of the UNION and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 4.2 Fairshare. Any present or future employee who is not a UNION member shall be required to contribute a fair share fee for services rendered by the UNION. Upon notification by the UNION, the EMPLOYER shall check off said fee from the earnings of the employee and transmit the same to the UNION. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain operative only so long as specifically provided by Minnesota law and as otherwise legal. 4.3 The Union agrees that an administrative fee of $6.00 per employee, per year , shall be deducted by the employer from the employee's earnings. This annual deduction shall be made from the first paycheck received in January of each year. 4.4 The UNION will indemnify, defend and hold the EMPLOYER harmless against any claims and all suits, orders or ,judgments brought or issued against the EMPLOYER, its officers or employees, as a result of any action taken or not taken by the EMPIAYER under the provisions of this section. - 4 - -- ARTICLE 5 - UNION RIGHTS 5.1 The UNION may designate employees within the bargaining unit to serve , � as Union Stewards. 5.2 The UNION shall furnish the EMPLOYER and appropriate department heads with a list of Stewards and alternates, and shall, as soon as possible, notify said appropriate City officials in writing of any changes thereto. Only those who are Stewards shall be recognized by the EMPLOYER for the purpose of ineetings. - 5 - ARTICLE 6 - MANAGEMENT RIGHTS - 6.1 The UNION recognizes the right of the EMPLOYER to operate and manage - its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the EMPLOYER has not officially abridged, delegated, or modified by this AGREEMENT are retained by the EMPLOYER. 6.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the EMPLOYER� its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. - 6 - . ARTICLE 7 - DISCIPLINE - . 7.1 The EMPIAYER will discipline employees for just cause only. Discipline will be in the form of: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 7.2 Employees and the UNION will receive copies of written reprimands and notices of suspension and discharge. 7.3 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or UNION may request, and shall be entitled to a meeting with the Employer Representative who initiated the suspension with intent to discharge. During said five (5) day period, the EMPLOYER may affirm the suspension and discharge in accordance with Civil Service Rules or may modify, or withdraw same. - 7 - ARTICLE 8 - HOURS, OVERTIME PAY � 8.1 Hours of Employment: The assigned normal work day shall be 8 hours - � excluding .5 hour for lunch in any twenty-four hour period and 40 hours in any seven-day period. (For employees on a shift basis, this shall be construed to mean an average of forty hours a week.) The normal work week shall consist of five consecutive normal work days. 8.2 Notwithstanding Article 8.1, a Department Head and the Union may mutually agree in writing to establish a normal work day of ten (10) consecutive hours, excluding a thirty (30) minute lunch period, and a normal work week of four (4) consecutive work days in a seven (7) calendar day period. A Department Head may unilaterally cease a ten (10) hour work day, four (4) day work week with five (5) working days notice to the Union if such a schedule does not meet the operating needs of the affected Department. 8.3 Call-in-Pay: When an employee is called to work he shall receive two hours' pay if not put to work. If he is called to work and commences work, he shall be guaranteed four hours pay. These provisions, however, shall not be effective when work is unable to proceed because of adverse weather conditions. 8.4 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 department. Overtime will be assigned based on a rotating opportunity preset-set by class seniority among all eligible personnel in the affected division having the skills necessary for the �ob. In the beginning of each - 8 - � __ ARTICLE 8 - HOURS, OVERTIME PAY (Continued) -_ calendar year, the rotation for overtime opportunities will begin with the most senior employees. The individual may accept or decline. The next opportunity for overtime will go to the next person on the list who may accept or decline. This will continue until the end of the list is reached and will again start over with the most senior person. The Employer reserves the right to deviate from the aforementioned process in emergencies or in such situations where following such process would be detrimental to the operation of the affected unit. Class seniority shall be the determining factor in shift assignment, however, the Employer will not be required to accept the most senior bidder or to assign the least senior employee when considering such factors as the duration of assignment and the productivity needs of the affected unit. Qualifications will be determined by the Employer based on requirements of the �ob, actual job performance and Civil Service certification. 8.5 An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the EMPLOYER. - 9 - ARTICLE 9 - TOOL INSURANCE AND CIATHING � 9.1 The EMPIAYER will provide five changes of coveralls or five changes of � shirts and pants per week. The Department shall substitute coveralls for shirts and pants and vice versa at the employee's request. Employees may request such substitution no more than two times within a calendar year. 9.2 The EMPIAYER agrees to reimburse employee for tools unintentionally damaged, intentionally damaged by others or stolen sub,ject to the following conditions: 9.2.1 All tools must be stored on Employer premises in locations designated by the Employer. 9.2.2 All tools must be locked in employee's tool box when not in use. 9.2.3 The employee must provide the Employer with a complete and current inventory of all tools stored on the Employer's premises. The inventory shall be listed on forms provided by the Employer. Reimbursement shall be limited to those tools listed on the inventory list submitted by the employee. 9.2.4 In the case of theft, the employee bears the burden of proving he/she has met all of the conditions of Articles 9.2.1, 9.2.2 and 9.2.3 above. 9.2.5 In the case of tools unintentionally damaged or intentionally damaged by others, the tools must be damaged beyond safe use. - 10 - . ARTICLE 10 - JURY DUTY 10.1 Any employee who is required during his regular working hours to appear in court as a 3uror or witness except as a witness in his own behalf against the City, shall be paid his regular pay while he is so engaged, provided however, that 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 normal daytime shift during such time as he is required to appear in court as a juror or witness. - 11 - ARTICLE 11 - LEGAL SERVICES - 11.1 Except in cases of malfeasance in office or willful or wanton neglect , of duty, or indifference to rights of others, the EMPIAYER shall defend, save harmless and indemnify an employee against tort claim or demand whether groundless or otherwise arising out of alleged acts or omission occurring in the performance or scope of the employee's duties. 11.2 Notwithstanding the provisions of Section 11.1, the Employer shall not be required to defend or indemnify any employee against personal liability, or damages, costs or expense (a) resulting from a claim, suit, verdict, finding, determination or judgment that the employee has committed an intentional tort or torts, including but not limited to slander, libel � and/or other defamatory harms; or (b) arising out of cross claims, counterclaims, affirmgtive defenses, and/or separate actions brought � against such employee in response to or resulting from claims, allegations, demands or actions (whether or not litigation was actually commenced) brought, made or instituted by such employee. 11.3 Notwithstanding the provisions of Section 11.1 or 11.2, the Employer may at its sole discretion defend an employee against allegations, claims, demands or actions wholly or in part based on or arising out of claimed intentional torts, and in such cases, the employee consents to the extent lawfully permitted to such representation without regard to actual or potential conflicts of interest. 11.4 Each employee, within 20 days after receiving notice of (1) a tort claim or demand, action, suit or proceeding against him or her, and (2) a jud�nent, verdict, finding or determination, either of which arises out of alleged or found acts or omissions occurring in the performance or scope of the employee's duties, shall notify the City by giving written notice thereof to the City Clerk. - 12 - � ARTICLE 12 - CITY MILEAGE 12.1 Automobile Reimbu sement Authori�Pd: Pursuant to Chapter 33 of .the � Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their automobiles in the performance of their duties, the following provisions are adopted. 12.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. If an employee is required to use his/her own sutomobile during employment, the employee shall be reimbursed at $ .27,5 per mile for each mile actually driven. 12.3 The City will provide parking at the Civic Center Parking Ramp for City employees who are required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 12.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, such regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personal in,jury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the City Clerk. - 13 - ARTICLE 13 - ACTIVE EMPLOYEE INSURANCE - 13.1 The insurance plans, premiwns for coverages and benefits contained in , the insurance plans offered by the Employer shall be solely controlled by the contracts negotiated by the Employer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by the benefit providers. However, the employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. The Employer's Cafeteria Plan Document and IRS rules and regulations shall govern the Employer provided health and welfare benefit program. 13.2 For the purpose of this Article, full-time employment is defined as appearing on the-payroll an average of at least 32 hours per week for the immediately preceding twelve (12) month period ending June 30th. Three-quarter time employment is defined as appearing on the payroll an average of at least 26 hours per week but less than 32 hours per week for the immediately preceding twelve (12) month period ending June 30th. Half-time employment is defined as appearing on the payroll an average of at least 20 hours per week but less than 26 hours per week for the immediately preceding twelve (12) month period ending June 30th. The above determination shall exclude periods of layoff and approved unpaid leave of absence when the employee returns to the same position and employment condition. The Employer shall determine the time status of a new or changed position based on the above definitions as to full-time, three-quarter or half-time employment. - 14- • ARTICLE 13 - ACTIVE EMPLOyEE INSURANCE (Continued) 13.3 Effective January 1, 1992, the Employer agrees to contribute for . full-time employees $220.00 per month toward the cost of the employee selected insurance coverages under the "Cafeteria Plan". For three-quarter time employees the Employer's contribution shall be $165.00 per month. For half-time employees the Employer's contribution shall be $110.00 per month. The Employer and Union agree to reopen and negotiate this specific section of the Agreement no later than January 1, 1993. 13.4 Under the "Cafeteria Plan" all eligible employees regardless of the � number of-average hours �worked must� select at least single coverage hospital-medical insurance and employee life insurance in an amount of $5000. Any unused portion of the Employer's contribution, for which an employee is eligible, shall be paid to the employee as taxable income. Such payment will be made during the month of December for the Plan year. For employees who terminate their employment with the City of Saint Paul, such payment shall be made within 90 days following termination. 13.5 For employees who become disabled and are eligible for a disability pension from a retirement fund to which the City of Saint Paul has contributed, the Employer shall contribute toward the hospital-medical insurance program offered by the Employer in accordance with Article 14 of this Agreement. 13.6 The insurance benefits provided under this Article shall not apply to temporary or provisional employees. - 15 - ARTICLE 14 - RETIREE INSURANCE - 14.1 Employees who retire must meet the following conditions in order to be - � eligible for the Employer contribution toward the hospital-medical insurance program offered by the Employer. 14.1.1 Have completed at least twenty-five (25) years of service with the City of Saint Paul, AND Be receiving a pension at the time of retirement from a retirement� fund to which the City of Saint Paul has contributed. 14.2 For employees who retire and who meet the eligibility requirements set forth �in Article 14.1:1, �the -Employer agrees to contribute, for the life of the retiree, the following: The full cost of the least expensive single premium for hospital-medical insurance offered by the Employer. 14.3 Any cost for insurance selected by the retiree in excess of the cost of the least expensive single coverage offered by the Employer shall be paid by the retiree. 14.4 Notwithstanding the above eligibility criteria, employees who retire prior to January 1, 1995 shall be covered by the provisions of Appendix B. Eligible employees retiring prior to January 1, 1995 shall have the choice of retiree insurance coverage in accordance with this Article or the provisions of Appendix B. If an employee chooses to be covered by this Article, he/she shall not be eligible for the provisions of Appendix B and vice versa. - 16 - � ARTICLE 14 - RETIREE INSURANCE (Continued) 14.5 For employees who retire who do not meet the eligibility requirements set forth in 14.1.1, the Employer shall not make any contributions toward insurance coverage. However, if such retiree has completed at least -- ten (10) years of service with the City of Saint Paul, he/she may purchase single and/or dependent health insurance coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by the retiree. 14.6 A retiree's participation in the City's health insurance plan must be continuous. The retiree must be participating in a City health insurance plan at the time of retirement. If a retiree chooses not to participate at the time of his/her retirement or if a retiree discontinues his/her participation at a later date, such retiree will not be eligible for any future participation or for any Employer contribution. 14.7 In the event of the death of a retiree 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 health insurance plan at his/her own cost. Eligibility to continue to participate shall terminate when such spouse or dependent remarries or becomes eligible for group health insurance through any employer. - 17 - ARTICLE 15 - HOLIDAYS 15.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Year's Day Labor Day __ Martin Luther King Day Veterans' Day Presidents' Day Thanksgiving Day Memorial Day Day after Thanksgiving Independence Day Christmas Day Two floating holidays Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday .shall be observed as the holiday. 15.2 The floating holidays set forth in Section 15.1 above may be taken at any time during the contract year, subject to the approval of the department head of any emplo�ee. 15.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary nor other employees not heretofore eligible shall receive holiday pay. - 18 - • ARTICLE 16 - VACATION 16.1 In each calendar year, each full-time employee shall be granted vacation according to the following schedule: Years of Service Vacation Granted Less than 8 years 15 days After 8 years thru 15 years 20 days After 15 years and thereafter 25 days 16.2 Employees who work less than full-time shall be granted vacation on a pro rata basis. 16.3 The head of the department may permit an employee to carry over into the following year up to ten days' vacation. 16.4 The above provisions of vacation shall be sub3ect to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 16.5 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he may convert any part of such excess to vacation at the rate of one-half day's vacation for each day of sick leave credit. 16.6 The maximum number of days' vacation allowed by the conversion of sick leave credits shall be no more than five days in any one year so that the maximum vacation time which may be taken in any one year shall be forty-five (45) days including the regular vacation period. - 19 - ARTICLE 17 - GRIEVANCE PROCEDURES . 17.1 The EMPIAYER shall recognize stewards 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 naanes of the Stewards and of their successors when so named. 17.2 It is recognized and accepted by the EMPLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the �ob duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EMPIAYER. 17.3 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. Grievances shall be resolved in conformance with the following procedure: te . Upon the occurrence of an alleged violation of this AGREEMENT, the employee involved shall attempt to resolve the matter on an informal basis with the employee's - 2 0 - ARTICLE 17 - GRIEVANCE PROCEDURES (Continued) 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 shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the 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 within the use of reasonable diligence �should-have �had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. te . Within seven (7) calendar days after receiving the written grievance a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLpyER shall reply in writing to the UNION within seven (7) calendar days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLpyER►g written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMPLOyER'S answer shall be considered waived. - 21 - ARTICLE 17 - GRIEVANCE PROCEDURES (Continued) te . Within seven (7) calendar days following receipt of a . . grievance referred from Step 2 a designated Employer Supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the EMPLOYER shall reply in writing to the UNION stating the EMPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred to in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the EMPIAYER'S answer shall be considered waived. te 4. If the grievance remains unresolved, the UNION may within seven (7) calendar days after the response of the EMPIAYER in Step 3, by written notice to the EMPIAYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relation Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall - 22 - ARTICLE 17 - GRIEVANCE PROCEDURES (Continued) strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 17.4 The arbitrator shall have no right to amend, modify, nullify� ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOyER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. the decision shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOyER, the UNION, and the employees. 17.5 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPIAyER 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 pro- ceedings, it may cause such a record to be made, providing it pays for the record. 17.6 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOyER and the UNION. - 23 - ARTICLE 18 - SAVINGS CLAUSE " 18.1 This AGREEMENT is sub3ect to the laws of the United States, the State of Minnesota, and the City of St. Paul. In the event any provision of this AGREEMENT shall hold to be contrary to law by a court of competent jurisdiction from who final �udgment 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. - 24 - - ARTICLE 19 - SEVERANCE PAY 19.1 The Employer shall provide a severance pay program as set forth in . this Article. 19.2 To be eligible for the severance pay program, an employee must meet the following requirements: 18.2.1 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Public Employees Retirement Association (PERA) . 18.2.2 The employee must be voluntarily separated from City employment or have been sub,ject to separation by lay-off or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City Severance pay program. 18.2.3 The employee must have at least ten (10) years of service under the classified or unclassified Civil Service at the time of separation. � 18.2.4 The employee must file a waiver of reemployment with the Director of Personnel, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type) , with the City or with Independent School District No. 625. 18.2.5 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 19.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave sub3ect to a maximum of 200 accrued sick leave days. 19.4 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. - 25 - ARTICLE 19 - SEVERANCE PAY (Continued) � 19.5 For the purpose of this severance program, a death of an employee shall _ be considered as separation of employment, and if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 19.6 For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 19.7 The manner of payment �of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 19.8 This severance pay program shall be sub�ect to and governed by the pro- visions 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. 19.9 An employee may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this article or the ordinance shall constitute a bar to receiving severance pay from the other. � - 26 - � ARTICLE 19 - SEVERANCE PAY (Continued) _ 19.10 The above Articles 19.1 through 19.9 apply only to employees hired prior to July 1, 1989. 19.11 Employees hired on or after July 1, 1989 shall be covered by the provisions of the following Articles 19.12 through 19.17. 19.12 For employees hired on or after July 1, 1989 the Employer shall provide a severance pay program as set forth in the following Article 19.13 through 19.17. 19.13 To be eligible for the severance pay program, an employee must meet the following requirements: 19.13.1 The employee must be voluntarily separated from City employment or have been sub�ect to separation, lay-off or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 19.13.2 The employee must file a waiver of reemployment with the Personnel Director,� which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type) , with the City or with Independent School District No. 625. 19.13.3 The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of his/her separation from service. 19.14 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each - 27 - ARTICLE 19 - SEVERANCE PAY (Continued) � day of accrued sick leave sub�ect to a maximum of ss shown below based . on the number of years of service with the City. Years of Service Maximwn with the Citv Severance Pay At Least 20 $4,000 21 $4,600 22 $5,200 23 $5,800 24 $6,400 25 $7,000 19.15 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 19.16 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 19.17 This severance pay program shall be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control. - 28 - ARTICLE 20 - WAGE SCHEDULE 20.1 The wage schedule for purposes of this contract shall be Appendix A, attached hereto. 20.2 The Vehicle Mechanic Leadworker rate will be $.28 per hour higher than the Vehicle Mechanic rate. 20.3 The Welder Leadworker rate will be $.28 per hour higher than the Welder rate. � 20.4 The Employer and Union agree to reopen and negotiate this specific Article no later than June 30, 1992. - 29 - ARTICLE 21 - STRIKES, IACKOUTS, WORK INTERFERENCE � 21.1 The UNION and the EMPLOYER agree that there shall be no strikes, work . stoppages, slow-downs, sitdown, stay-in, or other concerted interference with the EMPLOYER'S business or affairs by any of the said UNION and/or the members thereof, and there shall be no bannering during the existence of this AGREEMENT without first using all possible means of peaceful settlement or any controversy which may arise. � Employees engaging in same shall be liable for disciplinary action. - 30 - ARTICLE 22 - SICK LEAVE • . 22.1 Sick Leave With Pay. During any period in which an employee is absent . from work on sick leave with pay, the employee shall not be employed or engaged in any occupation for compensation outside of his regular city employment. Violation of the provision of this paragraph by any employee shall be grounds for suspension or discharge. 22.2 In the case of a serious illness or disability of an employee's child, the Employer shall grant leave of absence in accordance with State Legislation. Such leave shall be deducted from the employee's accwnulated sick leave credits. If the employee has no accumulated sick leave credits, such leave shall be granted without pay. 22.3 In the case of a serious illness or disability of an employee's dependent, parent or household member, other than a child, the head of the department shall grant leave with pay in order for the employee to care for or make arrangements for the care of such disabled persons. Such leave shall be drawn from the employee's accumulated sick leave credits. Use of such sick leave shall be limited to forty (40) hours per incident. - 31 - ARTICLE 23 - MATERNITS� LEAVE 23.1 Maternity Leave. Maternity is defined as the physical state of _ pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. 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