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07-197Council File # � �— � / 7 Green Sheet #� CITY rresenced � 1 RESOLVED, that the City Council ofthe City of Saint Paul hereby approves and rarifies the 2 attached 2007 Labor Agreement between the City of Saint Paul and the Classified Confidential Employees 3 Association. Requested by Department o£ I:.� Thwe Adopted by Council: Date Adoption Cerfified by Cou cil Secretary BY �1z.2 �/ �/�S d� Approved�Ma r: Date ((p (7 �7 By. ��. RESOLUTION SAINT PAUL, MINNESOTA � ,�.� �/� /� ,�� _ �- - � .�� ..:,. �. .��•.�. .. ��. .,, .� � � �� o�-�� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � HU -a�uAeco� Co�t Pe'gon g phone: Jamn Schmid[ 2666503 Must Be on Couneil Aaen Doe. Type: RESOLUTION E-0ocumeM Required: Y Documetk Contact: Sue Wegwerth CoMact Phone: 26G6513 22-F6E-07 � /lasign Number For Routing Order Total # of Signature Pages _(Ciip /UI LocaUore for Signature) Green Sheet NO: 3037189 B omauResounes � 1 nmanResources rhneptDirtttor 2 ' Attoroe 3 or's O[5ce orlAuisiaot 4 oancil 5 C7erk ' C�¢rk Appraval of the athched 2007 Labor Ageement between the City of Saint Paul and the Classified Confidential Employees Association. Planning Commission CIB Committee Civil Service Commission 1. Has ihis perso�rm ever worked under a comract for this departmeM7 Yes No 2. Has this perso�rm ever been a ciry employee? Yes No 3. Does this pers�rm possess a skill not rrormaly possessed by any current ciry empbyee? Yes No Fsplain all yes answers on saparate shaet antl attach to green sheet Initiating Problem, Issues, Opportunity (Who, Whffi, Whe�, Where, Why): The Labor Agreement with the Classified Confidential Employees Associarion has expired. The City of Saint Paul is required to negotiate with the bazgaining unit. Advantages If Approved: An agceement reached through good faith bargaining will be in place thtougL December 31, 2007 DisadvanWges If Approved: None RECENED � i'',� �' D(sadvanfages If Not Approved: The City would be required to re-open negotiations with the bargauung unit. This would strain relaflons with the bazgaining unit and possibly lead to arbitration. Trensaetion: Funding Source: Financiai Infortnation: (Explain) Activity Number: ...� ., � ��,.� CostlRevenue Budgeted: 4md �__.__ ` February 22, 2007 9:37 AM Page 1 �7-r�i � ATTACF�vv1EE1VT TO TI-� GREEN SHEET CLASSIfTED AND CONFIDENTIAL EMPLOYEES ASSOCIATION 2007 Below is a summary of the changes in the Collective Bargaining Agreement between the City of Saint Paul and the Classified and Confidential Employees Association. Duration: January 1, 2007 through December 31, 2007. WaEes: 2007: 2.50% general increase. Health Insurance: The insurance contnbution increase follows the same pattern as previously negotiated agreements with other bargaining units for 2007. 2007 High Deductble: $361.61 (Plus $'76.25 per month into PEHP prorated monthly for participating months, to be paid annually in the following calendar yeaz — within 60 days.) Deductible: $446.34 Classic: $487.05 Plus: $457.54 Primary: $461.60 Fdmily: Employer will contnbute $901.86 per month for all plans. Post Emnlovment Health Plan (PEHPI Employees will receive a$230 yeazly contn'bution into a PEHP account effective 2007. Other lanauaEe chanees: Other language changes aze of a housekeeping natwe far clarification and clean up. 0�-�5� casr� zoo� Wages $ 29,852.50 Insurance $ 68,557.92 TOTAL $ 98,410.42 0 7-Y�'7 � JANUARY 1 2007 - AGREEMENT BETWEEN R 31, 2007 , �� .� .� ` � � � � � � � � � � � � � � � �- � � , : . � � � � � _ �- THE C:�`TY O�' SAINT LAiTL . � - � � - � � � . " ��- � � � �:�� _ � . CLASSIFIED CONFIDENTIAL ElVIPLOYEES ASSUCIATI01�1 . �;� � � __ � � �� _� � � �.� :�� _ ��. "_ � �_ � INDEX ARTICLE TTTLE PAGE .. Preamble .............................................................................................................. 0 1 Recognition ......................................................................................................... 2 Check Off ............................................................................................................ 3 Aours of Work ..................................................................................................... 4 Work Breaks ........................................................................................................ 5 Holidays .............................................................................................................. 6 Employee Rights - Grievance Procedure ..............................................................5 7 City Mileage ........................................................................................................8 8 Residency ............................................................................................................8 9 Vacation ..............................................................................................................9 10 Insurance ........................................................................................................... • 11 Working Out of Classification ...........................................................................15 12 Employee Records ............................................................................................. 13 Bulletin Boazds .................................................................................................. 14 Wages ................................................................................................................ 15 Manrtenance of Standards ..................................................................................17 16 Leaves ofAbsence .............................................................................................18 17 Management Rights ...........................................................................................20 18 Seniority ............................................................................................................20 19 Discipline ..........................................................................................................22 20 Legal Services ................................................................................................... 23 21 No Strike - No Lockout ......................................................................................23 22 Severance Pay ....................................................................................................24 23 Nondiscrimination .............................................................................................25 24 Sick Leave Usage .............................................................................................. 26 25 Post Employment Health Plan ............................................................................27 26 Terms ofAgreement ..........................................................................................27 Appendix ................................................................................................... A - 1 • i r� LJ PREAMBLE This Agreement, entered into by the City of Saint Paul, hereinafter referred to as the • • Employer, and the City of Saint Paul Classified Confidentiai Employees Association, hereinafter referred to as the Association, has as its pur�wse the promotion of hazmonious relations between the Employer and the Association, the establishment of an equitable and peaceful procedure for the resolution ofdifferences, and the establishment ofrates ofpay, hours ofwork, and other conditions of employment. ii r1 U • ARTICLE 1- RECOGIVITION 1.1 The Employer recogrizes the Association as the sole and exclusive bazgaining agent for the purpose of establishing salaries, wages, 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 November 12,1975, in Case No. 76-PR 658-A and October 14, 1977, in Case No. 77-PR-685-A, and set forth in Section 1.2 below. 1.2 The bazgaining unit covered by this Agreement shall consist of the following: All classified confidential employees employed in: City Attomey's Office, Budget Office, Offices of the Mayor and Human Resources and the Division of Risk and Employee Benefit Management, in the classifications o� Clerical and Technical Group Accounting Technician II Benefits Specialist Clerical Supervisor Cletical Trainee EDP Programmer EDP Programmer Trainee Executive Assistant I Human Resources Admin. Support Coord. Human Resources IS Technician Human Resources Technician III Office Assistant I Office Assistant II Office Assistant III Office Assistant IV Secretary (Stenographer) Sr. Workers Compensation Claims Processor Service Worker II Workers Compensation Ciaims Processor Professional Group Budget Analyst Budget Assistant Chief Budget Analyst Human Resources Consultant I Human Resources Consultant II Huinan Resources Consultant III Research Analyst I Risk Analyst Selection and Validation Specialist Senior Budget Analyst Training & Org. Development Specialist *Workers Compensation Clanns Administrator 1.3 Any present or future employee who is not an Association member shall be required to contribute a fair share fee for services rendered by the Association, and upon notification by the Association, the Employer shall check off said fee from the earnings of the employee and transmit the same to the Association. In no instance 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 ogerative only so long as specifically provided by Minnesota law, and as otherwise legal. 1.4 The Association agrees to indexnnify and hold the Employer hazu�less against any and all claims, suits, orders or judgments brought or issued against the Employer as a result of • any action taken or not taken by the Employer under the provisions of this Article 1, Section 1.3. ARTICLE 2 - CHECK OFF 2.1 The Employer agrees to deduct the Association membership initiation fee assessments and once each month dues 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 Association and the aggregate deductions of all empioyees shatl be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions aze made or as soon thereafter as 3s possible. 2.2 The Association agrees to indemnify and hold the Employer barmless against any and all claims, suits, orders or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 3- HOUR5 OF WORK 3.1 The normal workday sBall be seven and three/fourths (7'/o-) consecutive hours per day, excluding a foriy-five (45) minute lunch period, fifteen (15) minutes of which shall be Paid- • 3.2 The normal workweek shall be five (5) consecutive normal workdays in any seven (7) day period. 3.3 For employees on a shift basis, this sball be construed to mean an average of thirty-eight � and three/fourths (38 hours per week. 3.4 This section shall not be conshued as, and is not a guarantee o� any hours of work per normal workday or per normal workweek. 3.5 Time on the payroll in excess of the normal hours set forth above in this Article shall be "overtune work" and shail be done only by order of the Head of the Depazhnent. 3.6 Employees in this bargaining unit working in a title listed in Article 2(CHECK OFF) under the heading "Clerical and Technical Group" shall be recompensed for work done in excess of the normal hours established above in this Article by being granted compensatory time on a time and one-half (1.5) basis or by being paid on a time and one- half (1.5) basis for such overtime work The overtime rate of one and one-hatf (1.5) shall be computed on the basis of 1/80th ofthe biweekly rate. The method of compensation sfiall be determined solely by tfie Employer. 3.7 An employee working in a title listed in Article 1.2 (RECOG1vITI0I� under the heading, "Professional Group," and which is in Salary Grade 11 or below shall receive overtime compensation in accor3ance with the Fair Labor Standards Act (FLSA). The method of this compensation shall be determined solely by the Employer. It is understood that the FLSA provides overtime compensation only after forty (40) hours worked (not paid) per • week. � • ARTICLE 3— HOUR.S OF WORK (Confinued) An employee working in a title listed in Article 1.2 (RECOGIVITIOI� under the heading "Professional Cnoup," and wluch is in Salary Cnade 12 or above and who, in other tban normal circumstances, works more than his/her assigned normal workday or assigned normal workweek may receive compensatory tune or pay on a straight time basis for the extra hours worked The method of compensation shall be determined solely by the Employer. 3.8 It is understood by the parties that Section 28.H - Overtime of Resolution No. 3250 shall not apply to employees in this bazgaining unit working under a title listed in Article 1.2 (RECOGTIITION) under the heading, "Professional Group". 3.9 Normal work schedules showing the employee's shift, workdays and hours shall be posted on all department bulletin boazds at all times. It is also understood that deviation from posted work schedules shall be permissble due to emergencies or acts of God, and overtime may be required. 3.10 Call-In Pay: When an employee is called to work, he/she shall receive two (2) hours pay if not put to work. If he/she is called to work and commences work, he/she shall be guazanteed four (4) hours pay. These provisions, however, shall not be effective when work is unable to proceed because of adverse weather conditions; nor shall these • provisions apply to temporary or emergency employees nor to employees employed under any ofthe titles listed in Section 3.B ofthe Civil Service Rules under the heading "Special Employments"; nor to any person whose regulaz scheduled workday is less than four (4) hours. 3.11 Notwithstanding Articles 3.1 through 3.6, employees may, through mutual agreement with the Employer, work schedules other than schedules limited by the normal workday and workweek as set forth in Articles 3.1, 3.2 and 3.3. Overtime compensation for employees working under such agreements shall be subject to the pmvisions, for same, as set forth by the Fair Labor Standazds Act (FLSA). The method of compensation shall be detennined solely by the Employer. It is understood that the FLSA provides overtnne compensation only after forty (40) hours worked (not paid) per week. 3.12 For employees who wish to share a position, the Employer will attempt to provide options for implementing a sharing arrangement. Such an arrangement must be mutually agreed upon by the Employer and the employees involved. Vacation, holiday, and sick leave benefits for employees who share a position shall be pro-rated based upon the percent of hours worked. Health insurance benefits shall be administered in accordance with the provisions of Article 10 (INSURANCE) of this Agreement. In the event that one ofthe employees participating in the shared position is tenninated or termniates employment, the Employer shall post the job sharing vacancy for a period often (10) days. If at the end of ten (10) days such vacancy cannot be filled, the Employer shall • have the option of increasing the remaining employee's work hours. 3 ARTICLE 3— HOURS OF WORK (Continued) 3.13 Articles 3.11 and 3.12 shall not be subject to the provisions of Azticle 6(EMPLOYEE RIGHTS — GRIEVANCE PROCEDLTRE) of this Agreement. Ff71YC�711�[s:�I�7:i:i: : aI\:(.� 4.1 Rest Periods: All employees work schedules shall provide for a fifteen (15) minute rest period during each one-half sluft. The rest period shall be scheduled by management at approximately the middle of each one-half shift whenever it is feasble. 42 If an employee is scheduled to work a full half shift beyond lvs/her regular guitting tvne, he/she shall be entitled to the rest period that occurs during said half shift. ARTICLE 5 — HOLIDAYS 5.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Year's Day Martin Luther King Day Presidents' Day Memorial Day Independence Day Labor Day Veterana' Day Thanksgiving Day Day after Thanksgiving Christmas Day Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above falls on a Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above falls on a Sunday, the succeeding Monday shall be observed as the holiday. For those employees assigned to a workweek other than Monday through Friday, the holiday shall be observed on the calendaz date of the holiday. 5.2 Eligibility Requirements: In order to be eligible for a holiday with pay, an employee must be employed as ofthe date ofthe holiday and bave paid hours on the payroll for that pay period. The amount of holiday time eamed shall be based upon the number of non- ' holiday hours paid to the employee duriug that pay period (see pro ration charts in Salazy Plan and Rates of Compensation). For the purposes of this section, paid hours include hours actually worked, vacation time, compensatory time, paid leave and sick leave. It is further understood that neither temporary, emergency, nor other employees not heretofore eligible sha11 receive holiday pay. 5.3 Not withstanding Article 5.2, a temporary employee shall be eligible for holiday pay only after such employee has been employed as a temporary employee for sixty-seven (6'� consecutive workdays. • � • � • ARTICLE 6- EMPLOYEE RIGHTS - GRIEVANCE PROCEDUR� 6.1 The Employer shall recognize Stewazds selected in accordance with Association rules and regulations as the grievance representative of the bazgaining unit. The Association shall notify the Employer in writing of the names of the Stewazds and of their successors when so named. 6.2 It is recognized and accepted by the Employer and the Association that the pmcessing of grievances as hereinafter provided is limited by the job duties and responsbilities of the employees and shall therefore be accomplished during woridng 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 Stewazd and the em�loyee 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 pmgrams of the Employer. 63 For the purposes of this Article 6, a grievance is defined as an alleged violation of the terms and conditions ofthis Agreement. 6.4 Grievances shali be resolved in conformance with the following procedure: • Step 1 Uponthe occurrence ofan alleged violation ofthis Agreement, the employee involved with or without the Stewazd shall attempt to resolve 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 Association. The written gievance shall set forth the nature of the grievance, the facts on wluch 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 Association within fourteen (14) workdays ofthe first occurrence ofthe event giving rise to the grievance, shall he considered waived. Step 2 Within seven (7) workdays after receiving the written grievance a designated Employer supervisor shall meet with the Association Steward and attempt to resolve the grievance. I� as a result of this meeting, the grievance remains unresolved, the Employer shail reply in writing to the Association within seven (7) workdays following this meeting. The Association may refex the grievance in writing to Step 3 within seven (7) workdays following receipt ofthe Empioyer's written answer. Any grievance not referred in writing by the Association within seven (7) workdays following receipt ofthe Employer's answer shall be considered waived. • ARTICLE 6— EMPLOYEE RIGHTS — GRIEVANCE PROCEDURE (Continued) . Step 3 Within seven (7) workdays following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Association Business Manager or his(her designated representative, the employee and the Stewazd and attempt to resolve the grievance. Within seven ('n workdays following this meeting, the Employet shall reply in writing to the Association stating the Employer's answer concerning the grievance. I� as a result of the written response, the grievance +�+��*+� unresolved, the Association may refer the grievance to Step 4. Any grievance not referred in writing by the Association to Step 4 within seven (7) workdays following receipt of the Employer's answer shall be considered waived. Optional Mediation Step 1. If the grievance has not been satisfactorily resolved at Step 3, either the Union or the Employer may, within ten (10) calendaz days, request mediation If the parties agree that the 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 thirty (30) days ofthe assignment unless the parties mutually agree to lengthen the tinne limit. 2. Grievance mediation is an optionat and voluntary part ofthe grievance � resolution process. It is a supplement to, not a substitute for, grievance arbitration. When grievance mediation is invoked, the contractual time lunit for moving tfie grievance to arbitrafion shaII be delayed for the period of inediation. 3. The grievance mediation process sha11 be informal. Rules of evidence shall not apply and no record shall be made of the proceeding. Both sides shall be provided ample oppormniry to present the evidence and azgument to support fheir case. The mediafor 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 recommendation for settlement. Either party may request that the mediator assess how an arbitrator might rule in this case. 5. The grievant shall be present at the grievance mediation proceeding. If the grievance is resolved, the grievant shall sign a statement ageeing to accept the outcome. Unless the parties agree otherwise, the outoome sha11 not be precedential. • 0 • ARTICLE 6- EMPLOI'EE RIGHTS - GRIEVANCE PROCEDURE (Continued) 6. If the grievance is not resolved and is subsequently moved to arbitration, such proceeding shall be de novo. Nothing said or done by the parties or the mediator during grievance mediation, with respect to their positions conceming resohrtion or offers of settlement, may be used or referred to during azbitration. Step 4 If the grievance remaivs unresolved, the Association may within seven (7) workdays after the response of the Employer in Step 3, by written notice to the Employer, request azbitration of the grievance. The azbitration pzoceedings shall be conducted by an azbitrator to be selected by mutual agreement of the Employer and the Association witYrin seven (7) workdays after notice has been given. If the parties fail to mutually agree upon an azbitrator within the said seven (7) day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Association shall have the right to strike two (2) names &om the panel. The Association shall stnlce the first (lst) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the azbitrator. • 6.5 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 Association 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 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 e�ension. The decision shall be based solely on the arbitrator's interpretation or application of the eacpress terms of this Agreement and to the facts of the grievance presented. The decision of the azbitrator shall be final and binding on the Empioyer, the Association and the employees. 6.6 The fees and expenses for the azbitrator's services and proceedings shall be borne equally by the Employer and the Association, provided that each party shall be responsble for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it xnay cause such a record to be made, providing it pays for the record. 6.7 The tune limits in each step ofthis procedure may be e�ctended by mutual agreement of • the Employer and the Association. 7 ARTICLE 6- EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (Continued) • 6.8 Tfie procedure established by this Articte shall be the sole and exclusive procedure for the processing of grievances, which aze defined as an alleged violation ofthe terms and conditions of this agreement. However, this Article does not abridge grievance rights possessed by eligible Veteran's under applicable Veterans' statutes. It is understood that issues not related to terms and conditions of employment (for example: topics listed in Civil Service Rule 26III A, B, C- performance reviews, examinations and classification) shall continue to be grocessed in accordance with the grievauce procedure outlined in the Civil Service Rules. 6.9 The pmvisions of this Article 6 shall not apply to Asticles 3.11 and 3.12 of this Agreement. ARTICLE 7 — CITY MILEAGE 7.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Admiuistrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following pmvisions are adopted. 7.2 Method of Computation: To be eligbie for such reimbursement, all officers and employees must receive written authorization from the Depaztment Head. Effective the � first ofthe month following contract signing, employees shall receive the current IRS mileage reimbursement rate, as modified from time to time by the IRS. 7.3 The City will provide pazking at a locatiott and manner ofthe Employer's choice within a reasonable distance ofthe work site for City employees who are required to have their personal car available for City business. Such pazking will be provided only for the days the employee is required to have his/her owa personal caz available. 7.4 Rules and Regulal3ons: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shal] 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 at least the minimums required by the State of Minnesota These rules and regulations, together with the amendment thereto, shall be maintained on file with the City Clerk. ARTICLE 8 - RESIDENCY 8.1 The Residency Resolution effective August 4, 1979, in Council File No. 273378 shall apply to all employees covered by this Agreement. • 0 � ARTICLE 9 - VACATION 9.1 Each employee worldng in a title listed in Article 1.2 (RECOGrTITI01� under the heading "Clerical and Technical Group" shall accumulate vacation credits at the rates shown below for each full hour on the payroll, e�ccluding overtime. For purposes of this Article, qualifying years of service shall be determined based on calendar years of service. This shall apply to both part-time and full-time employees. Years of Service Hours of Vacation 1 st yeaz thru 4th year .04b2 (12 days) Sth year thru 9th yeaz .0692 (18 days) l Oth yeaz thru 15th yeaz .0808 (21 days) 16th yeaz thru 23rd year .0962 (25 days) 24th yeaz and thereafter .1077 (28 days) • • 9.2 Each employee working in a title listed in Article 1.2 (RECOGNITION) under the heading "Professional Crroup" shall accumulate vacation at the rates shown below for each full hour on the payroll, excluding overtime. For purposes of this article, qualifying yeazs of service shall be detemuned based on calendar years of service. This shall apply to both part-time and full-tune employees. Years of Service Hours of Vacation 1 st yeaz thru 4 year .0654 (17 days) Sth year thru 7th yeaz .0769 (20 days) 8th year thru 15th yeaz .0923 (24 days) 16th year tluu 19th yeaz .1038 (27 days) 20 yeazs and beyond .1077 (28 days) G�3 .. The Head of the Department may permit an employee to carry over up to one hundred twenty (120) hours of vacation into the next IRS payroll reporting year. The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Sub. H. 9.5 Employees under the heading "Professional Group" may request compensation in cash for up to one week of unused vacation within each IRS payroll reporting year. Payment will be at the discretion of the Aepartment Head and additionally, lixnited by the availability of funds in the DepartmenYs Budget. Such election must be xnade in writing on or before December 1 of each IRS payroll reporting yeaz. If the employee elects to sell vacation, the payment for such sold vacation shall be made in a lump sum in the nearest full payroll period following the election date. The payment shall be in an amount equal to the number of hours sold times the employee's regular rate ofpay in effect as of the date of such election. Article 9.5 shall not be subject to the provisions of Article 6(EMPLOYEE RIGHTS — GRIEVANCE PROCEDURE) ofthis Agreement. � ARTICLE 9 — VACATION (Continued) 9.6 If an employee under the heading "Professional Groug" has an accumulation of sick leave credits in excess of one hundred eighty (180) days, he/she may convert any part of such excess to vacation at the rate of one-half day's vacation for each day of sick leave credit. The masimum number of vacarion days allowed by the conversion of such leave credits sha11 be no more than five (5) days in any one IRS payroll reporting yeaz. Invoking the use of this Article at any time within the IRS payroll reporting year, with the exception of those who retire during the reporting year, will prolubit the use of Article 9.5 above. ARTICLE 10 - INSURANCE Active Employees 10.1 The insurance plans, premiums for coverage aad benefits contained in the iusurance plaas offered by the Employer sball be solely controlled by the contrads 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 agzee to accept any changes in benefits which a specific pmvider implements. • 10.2 Effective for the January, 2007 insurance premiums, for each eligi�ble employee covered • by this agreemettt who is employed full-time and who selects single employee health insurance coverage provided by the Employer; the Employer agrees to contnbute the fallowing contribution per month. High Deduct�le: $361,61 (Plus $76.25 per month into PEF3P prorated montlily for participating montbs, to be paid annually in the following calendaz year — within 60 days.) Deductible: $44634 Classic: $487.05 Plus: $457.54 Primary: $461.60 For each eligible fuli-time employee who selects family fieaith insurance coverage, the Employer will contnbute $901.86 per month for all plans. 10.3 For the putpose of this Atticle 10, full-time benefits will apply Yo those part-time employees who appeaz on the payroll an average of at least 64 hours per biweekly pay period for the twelve (12) month period preceding the annual open enrollment or special enrollments, or the six (6) month period preceding initial enrollment. • f[�l • ARTICLE 10 — INSURANCE (Continued) Three-quarter time benefits will apply to those part-time employees who appeaz on the paytoll an average of at least 52 hours, but less than 64 hours, per biweekly pay period for the twelve (12) month period preceding the annual open enrollment or special enrollments, or the six (� month period preceding initial enrollment. Fialf-time benefits will apply to those part-time employees who appear on the payroll an average of at least 40 hours, but less than 52 hours, per biweekly pay period for the twelve (12) month period prece3ing the annual open enrollment or special enrollments, or the six (6) month period preceding initiai enrollment. 10.4 For each eligible employee covered by this Agreement who is eligible for half-tune benefits and who selects single or family health insurance coverage, the Employer agrees to contnbute fifty percent (50%) ofthe amount contnbuted for employees eligible for full-tnne benefrts with the same single or family selection in the same insurance plan. For each eligible employee covered by this Agreement who is eligible for three-quarter time benefits and who selects single or family health insurance coverage, the Employer agrees to contribute seventy-five percent (75%) of the amount contnbuted for employees eligible for full-time benefits with the same single or family selection in the same insurance plan. • Part-time employees who aze permanently appointed to a full-time (8Q hours per biweekly pay period) position after the commencement of the plan year, shall be made eligible for fuli-time benefits after they have completed at least forty (40) hours in a monthly qualifying pay period as a full-time employee. Full-time employees who aze permanently appointed to a part-tixne (less than 80 hours per biweekly pay period) position after the commencement of the plan year, shall be reduced to the benefit level applicable for the hours scheduled by the department. Such reduction shall take effect on the first month the employee does not complete a monthly qualifying pay period as a full-time employee. 10.5 For each eligible employee working in a title listed in Article 1.2 (RECOGrIITION) under the heading "Clerical and Tecluucal Group," and who has selected health insurance coverage, the Employer agrees to contn�bute the cost of $2Q000 life insurance. For each eligble employee working in a title listed in Article 1.2 (RECOGNITION) under the heading "Professional," and who has selected health insurance coverage, the Employer agrees to contnbute the cost of $50,000 life insurance. 10.6 All Employees covered by this Ageement who waive participation in health insurance coverage shall be eligible to participate in optional coverage at the employee's expense if the employee is benefit eligible for each of the preceding twelve (12) months. u il ARTICLE 10 - INSURANCE (Continued) 10.7 Employees covered by this Agreement will be eligil�le to participate in the Flexible Spending Accounts as offered by the Employer. The service fee charged to participating employees shall be paid by the Employer. 10.8 Reixoacfive EmpIoyer's insurance coninbutions shall apply to ail who remain employed by the Employer as of the date of siguing this agreement. Retiree Insnrance for Clerical, TecLnical and Professional Employees 10.9 Employees who rekire must meet the following conditions at the time of retirement in order to be eligil�le for the Employer contn'butions, listed in Sections 10.13 through 10.23 below, toward a heaIth insurance plan offered by tfie Employer: 10.9 (1) 10.9 (2) 10.9 (3) 10.9 (4) Early Retirees Be receiving benefits from a Public Employee Retirement Act (PERA) at the time ofretirement, and Have severed his/her relationship with the City of Saint Paul for reasons other than misconduct, and Service requirements for retiree health insurance eligbility will not include years of service with Independent School District No. 625 for employees hired by the City, or transferred to the City, after February 27, 1998. If an employee does not meet the years of service requirement in Seetions 10.13 through 10.16, heishe may purchase, at their own expense, the wverage currently in effect at the time of retirement through the Exnployer's insurance program if they meet the requitements of Chapter 47I.61 (formerly Chapter 488) ofMinnesota Stahrte. 10.10 Tlus Section applies to employees who: 10.10 (1) Retire on or after January 1, 1996, and 10.10 (2) Have completed twenty (20) years full-time service with the City of Saint Paul, unless receiving a disability pension from the City of Saint Paul, and 10.10 (3) Were appointed prior to January 1, 1996, and 10.10 (4) Meet the terms seY forth in Section 10.12 above, and 10.10 (5) Select a health insurance plan offered by the Employer. • • • 12 • ARTICLE 10 — INSURANCE (Continued) Until such employees reach sixty-five (65) years of age, the Employer agrees to contnbute a maximum of $350.00 per month towazd the cost of single or family health insuzance coverage. Any unused portion shall not be paid to the retiree. In addition, the Employer will contnbute the cost for $5,000 life insurance coverage for employees under the heading of "Professional" and the cost for $20,000 life insurance coverage for employees under the heading of"Clerical and Technical Group," until the retiree attains the age of sixty-five (65). Only dependents of record at the time of retirement shall be eligible for City contnbution. When such eazly retiree attains age suity-five (65), the provisions of Section 10.15 shall apply. 10.11 This Section shall apply to employees who: 10.11 (1) Retire on or after January 1, 1996, and have completed twenty (20) years full-time with the City of Saint Paul, unless receiving a disability pension from the City of Saint Paul, and 10.11 (2) Were appointed on or after January 1, 1996, and 10.11 (3) Have not attained age sixty-five (65) at retirement, and • 10.11 (4) Meet the conditions of Section 10.12 above, and 10.11 (5) Select a health insurance plan offered by the Employer. Until such employees reach sixty-five (65) years of age, the Employer agrees to contribute a maximum of $3�0.00 per month towazd the cost of single health insurance coverage; no Employer contribution will be applied to the cost ofdependent health insurance coverage. Any unused portion shall not be paid to the retiree. In addition, the Employex will contribute the cost for $5,000 life insurance until the retiree attains the age of sixty-five (65). When such eazly retiree attains age sixty-five (65), the provisions of Section l0.lb shall apply. Regular Retirees (Age 65 and over) 10.12 This Section shall apply to full-time employees who: 10.12 (1) Retire on or after January 1, 1996, and 10.12 (2) Were appointed prior to 7anuary 1, 1996, and 10.12 (3) Have completed twenty (20) yeazs full-time with the City of Saint Paul, unless receiving a disability pension from the City of Saint Paul, and 10.12 (4) Have attained age sixty-five (65) at retirement, aud • 10.12 (5) Meet the conditions of Section 10.12 above, and 1012 (6) Select a health insurance plan offered by the Employer. 13 ARTICLE 10 — INSURANCE (Continued) The Employer agrees to contribute up to a maximum of $550.00 per month towazd the cost of single or family health insurance coverage. Any unused portion shall not be paid to the retiree. No life in�rance coverage wi12 be provided. Only dependents of record at the time of retirement shall be eligble for City contn�bution. 10.13 This Section sl�all apply to full-tune employees who: 10.13 (1) Retire on or after January 1, 1996, and 10.13 (2) Were appointed on or after January 1, 1996, and 10.13 (3) Have completed twenty (20) years full-time service with the City of Saint Paul, unless receiving a disabiliry pension from the City of Saint Paul, and 10.13 (4) Have attained age sixty-five (65) at rdirement, and 10.13 (5) Meet the conditions of Section 10.13 above, and 10.13 (� Select a health insurance plan offered by the Employer. • The Employer agrees to contnbute up to a maX;mum of $300.00 per month toward the cost of single health insurance coverage; tto Employer contn�bution will be applied to the cost o£dependent health insurance coverage. Any unused portion shall not be paid to the retiree. No life insurance coverage will be provided. • 10.14 In the event of reduction of hours of employment for budgetary reasons during the last twelve (12) months of employment, the eligibility will be determined by the previous forty-eight (48) months before the reduction. 10.15 Employees who have completed twenty (20) years of full-time service with the City of Saint Paul and reduce to part-time prior to retirement and who are eligibie and enrolled in the City's medical plan continuously until retirement shall be eligible for full-time benefits at r�irement. 10.16 Eazly or Regular Retirees who are eligi'ble for Employer contdbution towazds the cost of single coverage only may continue dependent health insurance coverage at their own expense. Survivor Insurance 2 0.17 The surviving spouse of an employee canying family coverage at tke time of his/her death due to a job connected injury or illness which was determined to have arisen out of and in the course of hislher employment under worker's compensation law shall continue to be eligble for City contnbution in the same proportions as is provided for retired employees. � 14 • ARTICLE 10 - INSURANCE (Continued) In the event ofthe death of an early retiree who retired under Section 10.13 or a regular retiree who retired under Section 10.15, the dependents of the retiree shall have the option, within thirty (30) days, to continue the current health insurance coverage which said dependents previously had, at the premium and Employer contnbution accorded to the eligble deceased ret'see. Dependents not of record at the time of retirement may continue coverage aY their own expense. In the event of the death of an eariy or regular retiree who was eligble for Employer contnbution towazds single health insurance coverage only, dependents on the Employer's plan at the time of the retiree's death may continue wverage at their own expense. It is further understood that coverage shall cease in the event oF 10.17 (1) Subsequent remarriage of the surviving spouse of the deceased employee or retiree. 10.17 (2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) • days of said employment. 10.18 A retiree may not cazry 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 health insurance Program. 10.19 The contributions indicated in Article 10 shall be paid to the Employer's third party adininistrator. 10.20 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 tune of lus/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 far any Employer contribution. 10.21 Additional dependants beyond those of record at the time of retirement may not be added to the retiree's health insurance plan at City expense after retirement. ARTICLE 11- WORKING OUT OF CLASSIFICATION i l.i Any employee working an out-of-class assignxnent for more than ten (10) consecutive days shall receive a higher rate of pay for the out-of-class assignment in the higher classification starting from the first day the employee was required to work the out-of- • class assignment. Forthe purposes ofthis Article, an out-of-class assignment is defined as an assignment of an employee to perform, on a full-time basis, the significant duties 15 ARTICLE 11- WORKING OiJT OF CLASSIFICAT'ION (Continued) • and responsbilities of a position different from the employee's regular position, and wfiich is in a ciassification that is higher than the classification held by the empioyee. The rate ofpay for an approved out-of-class assignment shall be the same rate the employee would receive if such employee received a regular appointment to the ne� higher classification in the employee's current class series. 11.2 For the fllowing classificarions, the pmvisions of 11.1 shall not apply to performauce of the duties of the next higher classification in the job series: Office Assistant I .ARTICLE 12 - EMPLOYEE RECORDS 12.1 Any member of the bargauung unit may, during usual working hours, with the approval ofthe supervisor, review any material placed in the employee's personnel file, a8er first giving proper norice to the supervisor in custody of such file. ARTICLE 13 - BULLETIN BOARDS 13.1 The Employer shall provide reasonable bulletin space for use by the Union in posting notices ofUnion business and activities, said bulletin board space shall not be used by the • Union for political purposes other than Union e2ections. Use ofthis bulletin boazd is subject to appmval of the Department Head. ARTICLE 14 - WAGES 14.1 The wage schedule, for the purposes oftfiis contract, shall be Appendix A, attacfied hereto. Both parties agree thaY the inclusion of the classifications and salary ranges in Appendix "A" does not preclude the Employer from the following: 1. Reorganizing 2. Abolishing classifications 3. Establishing new classifications 4. Re-grading classifications 5. Reclassifying positions Both parties also agree that titles and gades in Appendix A refer to employees in the positions at the date of sigvng of the Agreement. No employee in this bargaining unit shall suffer any reduction in salary because of a re-grading or reclassification during the contract period in which such re-grading or reclassification takes place. • f[� • ARTICLE 14 - WAGES (Continued) 14.2 The rates in the wage schedule in Appendix A shall reflect the following adjustments: Clerical & Technical Titles Effective 7anuary 1, 2007 (or closest pay period) 2.50% increase Professional Titles Effective January 1, 2007 (or closest pay period) 2.50% increase Retroactive pay adjustments shall apply only to employees who were employed by the City as of the date of signing this contract. Members of the Association transferring to another bargaining unit that has already received a retroactive adjustment for sunilar effective dates and percentages shall receive retroactive pay from these effective dates through the date of their leaving this Association. • 143 Notwithstanding Article 15.1, effective January 1, 2006, all employees ofthis bazgaining unit shall serve a one (1) year probation period. This Article shall supersede any conflicting language found in the Civil Service Rules and/or Salary Plan and Rates of Compensation. 14.4 Effective January 1, 2006, Step B ofthe salary schedule found in AppendiY A(6-month step) shall be eliminated for all employees. All other steps shall remain intact. The language of this Article and Appendix A shall supersede any conflicting language found in the Civil Service Rules and/or Salary Plan and Rates of Compensation. ARTICLE 15 - MAINTENANCE OF STANDARDB 15.1 The parties agree that all conditions of employxnent relating to wages, hours of work, overtime differentials, vacations and all other general working canditions shall be maintained at not less than the highest minunum standard set forth in the Civil. Service Rules of the City 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. u 17 ARTICLE 16 — LEAVES OF ABSENCE 16.1 Leave of Absence: After three (3) month's employment, an employee may make application for a leave of absence not to exceed one (1) year. A leave of absence shall be granted on the basis established in the Civil Service Rules (Resolution No. 3250). 16.2 Military Leave With Pay: Any employee who shall be a member of the National Guard, the Naval Militia or any other component of the miliYia of the SYate, now or hereafter organized or consrituted under state or federal law, or who shall be a member of the Officer's Reserve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of tha United States, now or hereafter organized or constituted under Federal law, shall be �titl� tn 7Pavg pf 3t}50*1 from e±�l�yne??t witLout loss of pay, seniority status, efficiency rating, vacation, sick leave or other benefrts for all the time when such employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, provided that such leave shall not exceed a total of fifteen (15) days in any calendaz year, and fiuther pmvided tbat such leave shall be allowed only in case the required military or naval service is satisfactorily performed, which shall be presumed unless the contrary is astablished. � Such leave shall not be allowed unless the employee (1) rehuns to hislher position • immediately upon beittg relieved from such military or naval service and not later than the ezcpiration oftime herein limited for such leave, or (2) is prevented from so relurning by physical or mental disability or other cause not due to such employee's own fault, or (3) is required by proper authority to continue in such military or naval service beyond the time herein lunited for such leave. 163 Mititary Leave Without Pay: Any employee who engages in active service in time of war or other emergency declazed by the proper authority of any of the military or naval forces of the State or of the United States for which leave is not otherwise allowed by law shall be entitled to leave of absence from employment without pay during such service with right ofreinstatement and subject to such conditions as are imposed by law. Such leaves of absence shall conform to Minnesota Statutes, Section 192, as amended from time to time, and shall confer no additional benefits other than those granted by said statute. 16.4 Jury Duty: Any empioyee who is required during lus/her regulaz worldng hours to appear in court as a juror or witness, except as a witne.ss in his/her own behalf against the City, shall be paid hislher regular pay while he/she is so engaged. Provided, however, tt�at any fees that the employee may receive from the court for such service sha11 be paid to tfie City and be deposited with the Employer. • fE:? • ARTICLE 16 — LEAVES OF ABSENCE (Continued) Any employee who is scheduled to work a shift, other than the normal daytixne shift, shall be rescheduled to work the normal daytime sluft during such time as he/she is required to appear in court as a juror or witness. 16.5 Funeral Leave: Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, shall be granted three days of such leave to attend the funerai of the employee's grandparent or grandchild. Employees who have accumulated sick leave credits, as provided in the Civil Service Rules, shall be granted leave with pay for such period of time as the Head of the Department deems necessary, on account of death of the employee's mother, father, spouse, child, brother, sister, mother-in-law, father-in-law, or other person who is a member of the household. 16.6 Union Leave: Any employee elected or appointed to a full-tnne paid position by the exclusive representative may be granted a leave of absence without pay for not more than one year for the purpose of conducting the duties of the exclusive representative. 16.7 Maternity and Parental Leave: Pregnant employees of the City of Saint Paul shall be eligible for the use of paid sick leave and unpaid ]eave o£ absence in the same inaimer as any other disabled or ill City employee. Such paid sick leave eligibility shall begin upon certification by the employee's attending physician that the employee is disabled in terms • ofher ability to perform the duties of her position. A twelve (12) month Parental leaue of absence without pay shall be granted to a natural parent or an adoptive parent who requests such leave in conjunction with the birth or adoption of a child. Such leave may be extended an additional twelve (12) months by mutual agreement between the employee and the Employer. Refusal on the part of the Ernployer to grant an e�ension of such leave shall not be subject to the provisions of Article 6(EMPLOYEE RIGHTS — GRIEVANCE PROCEDURE) ofthis Agreement. Employees who return following such leaves of absence shall be placed in a position of equivalent salary and tenure as the one held just prior to the beginning of their leave. 16.8 Education Leave: Leave with pay may be granted for educational purposes at the option of the Employer. 16.9 Voluntary Leave — No Pay: A fiill-time employee may be granted up to 480 hours of voluntary leave of absence without pay duriug the fiscal yeaz. During such leave of absence, the employee shall wntinue to earn and accrue vacation and sick lea�e, seniority credits and maintain insurance eligbility as though he/she were on the payroll. Any leave of absence granted under this Article is subject to the approval of the Department Head. • 19 ARTICLE 17 - MANAGEMENT RiGHTS 17.1 The Association recognizes the right oftfie City to operate and manage its affairs in all respects in accordance with applicable laws and regulations or appropriate authorities. A11 rights and authority which the City has not officially abridged, delegated, or modified by this Agreement aze retained by the City. 17.2 A public Employer is not required to meet and negotiate on matfers of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs ofthe Employer, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. ARTICLE 18 - SENIORITY � 18.1 Seniority, for the purpose of this Agreement, shall be defined as follows: The length of continuous, regular, and probationary service with the Employer from the date an employee was first certified and appointed to a class title covered by tivs Agreement, it being fiuther understood that seniority is confined to the current class assignment held by an employee. In cases whera two or more employees are appointed to the same class title on the same date, the seniority shall be deternvned by employee's rank on the eligible list from which certification was made. • 18.2 Seniority shall terminate when an employee retires, resigns, or is discharged. 183 In the event it is determiued by the Employer that it is necessary to reduce the work force, employees will be laid off by class title within each department based on inverse length ofseniority as defined above. However, when layoffoccurs in any ofthe titles listed below under Column A, layoff shall be based on inverse length of total seniority in all titles listed on the conesponding line under Column B. The Department will identify such least senior employee in the department reducing positions, and sha11 notify said employee ofhis/her rednction from the department. If there aze any vacancies in any of the titles under Column B on which seniority was based, in any other City Department, the Human Resources Department shall place the affected employee in such vacancy. If two or more vacant positions are avaitable, the Human Resources Office shall decide which vacant positions the affected employee shall fi1L If no vacancy exists in such titles, then the least senior City employee in such titles shall be identified, and if the employee affected by the original departmental reduction is more senior, he/she shall have the right to claitn that position and the least senior City employee in such titles shall be the employee laid ofE For the pmposes of this Article, the Independent School District No. 625 is not included as a City department nor is a Boazd of Education • employee included as a City emploqee. 20 • r 1 U • ARTICLE 18 — SEIVIORITY (Continued) Column A Office Assistant I Office Assistant II Column B Office Assistant I Cashier I Cashier II Accounting Machine Operator I Accounting Machine Operator II Data Enhy Operator I Data Entry Operator II Duplicating Equip. Operator Trainee Duplicating Equip. Operator Cashier I, Cashier II Cashier II, Cashier I Accounting Machine Operator I, Accounting Machine Operator II Accounting MacYune Operator II, Accounting Machine Operator I Data Entry Operator I, Data Entry Operator II Data Entry Operator II, Data Entry Operator I Duplicating Equip. Operator Trainee, Duplicating Equip. Operator Duplicating Equip. Operator, Duplicating Equip. Operator Trainee 18.4 In cases where there are promotional series such as Clerk I, II, III, etc., when the number of employees in these higher titles is to be reduced, employees who have held lower titles which are in this bazgaining unit will be offered r�uctions to the highest of these titles to which ciass seniority would keep them from being laid of� before layoffs are made by any ciass title within any department. 18.5 In cases where an employee to be laid off has held no regular appointment in a lower title in the same promotional series as hisfher current title, that employee will be offered a reduction to the titie within the bargaining unit to which he/she was regulazly appointed immediately prior to his/her current title, so long as there is either a vacancy or if no vacancy exists a less senior employee in such title may be displaced. In cases where an employee to be laid off has held no regular appointment to any titles immediately prior to hislher current title, said employee shall be laid off. The employee reducing into a title formerly held must saYisfactorily complete a siz (6) month probationary period in such title. 21 ARTICLE 18 - SENIORITY (Continued) If the probationary period �s not satisfactory, the employee shall, at any time during the probationary period, be reinstated to hislher former title and shall be laid o� but such employee's name will be placed on the reinstatement register in his/her former title and "bumping" rights herein shall not again apply to such employee. TIus procedure will be followed by the City for City employees, and by the Independent School District No. 625 for Independent School District No. 625 empioyees; however, City employees being reduced or ]aid off may not dasplace Independent School District No. 625 employees; Independent School District No. 625 employees being reduced or laid offmay not displace City employees. 7� Tt 'yq �wnrla;gtnnrl fl�t gn ,rh gmr�}ln� PPS v��l t n,i�k L� thair fnrrs��- cPni�ritv d2tP � anv �12gg ofpositions that they previously held. 18.7 Recall from layoffshall be ia inverse order of layoff, except that recall rights shall expire after two (2) years of layoff ARTICLE 19 - DISCIPLINE 19.1 The Employer will discipline employees for just cause only. Discipline will be in tfie form of 19.1 (1) Oralreprunand; 19.1 (2) Written reprimaud; 19.1 (3) Suspension; 19.1 (4) Reduction; 19.1 (5) Discharge The listing above of 19.1(1) through 19.1(5) does not indicate that such forms of discipline musf be progressive and in such order for any one empioyee. 19.2 Suspensions, reductions, and discharges will be in written form. 193 Employees and the Association will receive copies of written reprimands and notices of suspension and discharge. � • • 22 • A.RTICLE 19 - DISCIPLINE (Continued) 19.3 (1) Any written reprimand made concerning any member of this Bazgaining iJnit which is filed with the Human Resources Office or within any City department, shall be shown to the member before it is placed on file. Before the reprimand is placed on file, the City shall request from the employee an acknowledgment, in writing, that the reprimand has been read by said employee. 19.4 Employees may examine ali information in their Employer personnel files that concerns work evaluations, commendations, and/or disciplinary actions. Files may be examiued at reasonable times under direct supervision ofthe Employer. ? 9.5 D�SC3*g� W?ll bS giectY_1� 1iy 3 L�YP {5) c31enr3ar rlay prelimin3ry suspenSiOri wlthout pay. During said period, the employee and/or Association may request, and shall be entitled to a meeting with the Employer representative who initiated the suspension with intent to dischazge. During said five (5) calendar day period, the Employer may affirm the suspension and discharge in accordance with Civil Service Rules, or may modify or withdraw same. 19.6 An employee who is being questioned in a disciplinary investigation which could lead to discipline of the employee shall be offered the right to have an Association representative • present during questioning. ARTICLE 20 - LEGAL SERVICES 20.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the Empioyer shall defend save hazmless and indexnnify an employee, and/or his/her estate, against any claun or demand, whether groundless or otherwise, arising out of an aileged act or omission occurring in the perFormance and scope of the employee's duties. 20.2 Notwithstanding Article 20.1, the Employer shall not be responsible for paying any legal service fee or for providing any legal service arising from any legal action where the employee is the Plaiutiff. ARTICLE 21- NO STRIKE - NO LOCKOUT 21.1 Neither the Association, its officers or agents, nor any of the employees covered by this Agreement will engage in, encourage, sanction or support any strike, or the withholding in whole or in part of the full perfonnance of their duties during the life of this Agreement, except as specifically allowed by the Public Employment Labor Relations Act. In the event of a violation of this Article, the Employer will warn employees of the consequences of their action and shall instruct them to immediately retum to their normal duries. Any employee who faiis to return to his/her full duties within twenty-four (24) • hours of such warnnig may be subject to the penalties provided in the Public Employment Labor Relations Act. 23 ARTICLE 21— NO STRII� — NO LOCKOUT (Continued) 21.2 No lockout, or refusal to allow employees to perform available work, shall be instituted by the Employer and/or its appointing authorities during the life of this Agreement. ARTICLE 22 — SEVERANCE PAY 22.1 The Employer shall provide the severance pay plan as set forth in this Article. Eligibility Requirements ZG.L ru? iue Yiuy35C Ai uiiS t"u"'YiCiPy 3cTviC'c 721jU"u EwEiliB it�7i 3c✓67"ae�CE' ciis �ilit-,� ,a;;; ��ct include yeazs of service with Independe� School District No. 625 for employees hired by the City, ar transferred to the City after February 27, 1998. 22.3 An employee must meet the following requirements to receive a benefit. � (1) The employee must be voluntarily separated from the City employment or have been subject to sepazation by layoff or compulsory retirement. Those employees who aze discharged for cause, misconduct, inefficiency, incompetency, or any . other disciplinary reason are not eligible for the city severance pay program. (2) The employee must file a waiver of r�employment with the Human Resources Director, which will cleazly indicate that by requesting severance pay, the employee waives all claims to reinstatement or re-employment (of any type), with the City. (3) The employee must have a minunum of 15 years of service and 700 hours of sick leave credits at the time of his/her separation of service from the City. (4) If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he/she will be granted severance pay as shown below. 24 • • ARTICLE 22 — SEVERANCE PAY (Continued) Minimum 15 years of serviee and Severance accrued sick leave credits of: 700 $4,000 800 $5,000 900 $6,000 1,000 $7,000 1,140 $8,000 1,200 $9,000 1,300 $10,000 1,400 $11,000 1,500 $12,000 1,600 $13,000 1,700 $14,000 1,800 $ i 5,000 22.4 For the purpose of this severance program, the death of an employee shall be considered as sepazation of employment and if the employee would have met all of the requirements set forth above, (at the time of his/her death), payment of the severance pay shall be made to the employee's spouse or estate. • 22.5 For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is considered a separation of employment, and such transferee shall be eligible for the City severance program. 22.6 For any employee who is eligible to receive severance from the City under this Article, the City will contribute 105% of the full amount of their severance payment to a post- employment heakh plan. Placement ofthis severance qualification amount shall take place in accordance with City Ordinance No. 11490, as amended by City Ordinance No. 16303. (Payment made in February of the yeaz following year of retirement.) ARTICLE 23 — NONDISCRIMINATION 23.1 The terms and conditions of this Agreement will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, disability, or because of inembership or non-membership in the Association. 23.2 Bmployees will perform their duties and responsbilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public. 23.3 Employees covered by this contract will be covered by the City Policy regazding • nondiscrimivation and seacual harassment, as well as applicable local, state, and £ederal laws. 25 ARTICLE 23 — NONDISCRIMINATION (Continued) 23.4 Any member of the bazgaining unit may file a grievance or a discrimination complaint and there shall not be retaliation by the City of Saint Paul for such action. ARTICLE 24 — SICK LEAVE USAGE 24.1 Sick Leave: Effective January 1, 2006, sick leave shall accumulate at the rate of 0.0539 of a working hour for each full hour on the payroll, excluding overtime (14 days per year). Sick leave accumulation is unlimited. To be eligible for sick leave the employee mvst report to his/her supervisor no later than one-half hour past his/her regular scheduled starting time. The granting of sick ieave shall be subject to the terms and provisions of Resolution No. 3250, of the City of Saint PauL 24.2 Any employee who has accumulated sick leave credits as provided above shall be granted leave with pay for sucfi period of time as the Head ofthe Department deems necessary, on account of sickness or injury of the employee, quarantine established by a public health enforcement agency, and may be granted leave with pay for such time as is actually necessary for office visits to a doctor, dentist, optometrist, etc. � LJ 243 In fhe case of a serious illness or disability of an employee's child, parent, or fiousehold member, the head of the department sl�all grant leave with pay in order for the empioyee to caze for or make anangements 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 leaue shall be limited to forry (40) hours per incident. 24.4 The Head of the Department or the Human Resources Director may require a physician's certificate or addirional certificates at any time during an employee's use of sick leave for the pwcposes stated above. All such certificates shall be forwarded by the appointing officer to the Huinan Resources Office. If an employee is absent because of the provisions of this Article for three or fewer calendar days he/she shall submit to the head of the Department a certificate signed by the employee stating the nature ofthe cluld, parent, or household member's sickness. If the sickness continues for more than three (3) calendar days, no further sick leave shall be granted unless or until a pfiysician is consulted. Tfie sick leave may be continued from and include the day of consultation, but only if a certificate sigued by the physician certifying to the nature and period of the person's sickness is submitted and approved by the Head ofthe Department and forwazded to the Human Resources Office. 24.5 No sick leave shail be granted for the above reasons unless the employee reports to his/her department head the necessity for the absence not later than on�half hour after hislher regularly scheduled time to report for work, unless he/she can show to the satisfaction ofthe Department Head that the failure to report was excusable. 26 � • ARTICLE 24 — SICK LEAVE USAGE (Continued) 24.6 An employee shall be paid under the provisions of this paragraph only for the number of days or hours for which helshe would normally have been paid if he/she had not been on sick leave. 24.7 Effective in 2007 and thereafter, each employee with a sick leave balance of seven hundred (700) hours or more at the end of the calendaz year shall have their total sick leave balance reduced by eight (8) hours. Such employees shall receive a two hundred dollar ($200.00) City contribution to a Post Employment Health Plan. Such contribution shall be made no later than April l of the following year. Employees must be on the payroll as of December 31 of the calendar year prior to the City's contribution. ARTICLE 25 — POST EMPLOYMENT HEALTH PLAN 25.1 Employees with at least one (i) yeaz of service shall be eligible for an Employer contnbution oftwo hundred thirty dollars ($230.00) into a Post Employment Health Plan account for each eligible employee, subject to the criteria listed below. 25.2 Eligibility and implementation: 25.2 (1) For initial contribution, employees must haue been employed for a • minimuxn of one (1) calendar yeaz. 25.2 (2) Employees must be a member of the bazgaining unit for a minimum of one calendar yeaz. For those employees who transfer into the bargaining unit from AFSCME Clerical, AFSCME Technical, or Professional Employees Association, such service in those bargaining units shall count towazd the one (1) year requirement. 25.2 (3) City contributions will be made by April l of the following yeaz. 25.2 (4) Employees must be on the payroll as of December 31 of the calendaz year prior to the City's contribution. 25.2 (5) If an employee takes a leave of absence to serve as a full-time union official, time served in such capacity, up to six (6) years, will be counted toward the years of service requirement. 25.2 (6) Qualifying yeazs of service must have been attained by January 1 of the previous plan year. ARTICLE 26 — TERMS OF AGREEMENT 26.1 Complete Agreement and Waiver of Bargaining: This Agreement shall represent the complete Agreement between the Association and the City of Saint Paul. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make requests and proposals with respect to any subject or matter not removed by law from the area of collective bazgaining, and that the • complete understandings and agreements arrivefl at by the parties after the exercise of that right and opportunity aze set forth in this Agreement. Therefore, the City and the 27 ARTICLE 26 - TERMS OF AGREEMENT (Continued} Association, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shalI not be obligated to bargain collectively with respect to any subject or matter referred to or covered in tbis Agrezment. 26.2 Savings Clause: This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Saint PauL In the event any provision ofthis Agreement shall hold to be condrary to law by a court of competent jurisdiction from whose fmal judgment • or decr� no appeal has been taken within the time provided, such provision shall be voided. All other pmvisions shall continue in full force and effect. 263 Terms of Agreement; This Agreement shall be in full force and effect from January 1, 2007 thru December 31, 2007 and shall be automatically reae�ved from yeaz to year thereafter unless either party shall notify the other in writing by 7une 1, that it desires to modify or terminate this Agreement. In witness whereo� the parties have caused this Agreement to be executed on February 22, 2007. 26.4 Tlus constitutes a tentative Agreement between the parties which will be recommended by the Director of Human Resources, but is subject to the approval of the Administratiott of the City, the City Council and is aLso subject to ratification by the City of Saint Paul Classified Confidential EmpIoyees Association. WITNESSES: CITY OF CLASSIFIED CONFIDENTIAL EMPLOYEES ASSOCIATION - f � �� 3�� ..-- �zz� Steven Barrett Date J Sakpeider �� Date Human Resources nsults'�t � Association President Fi Labor Relations Manager • • • m • APPENDIX A CLERICAL TITLES GRADE 07C 804C CLERICAL TRAINEE �i) � � � � �� ) � � 10-yr 15-yr 20-yr 25-yr Ol/06(Q7 848.47 906.38 938.36 970.29 1,006.95 1,025.89 1,064.11 1,076.97 1,089.83 GRADE 08C --------------------- �1) �2) �3) �4) �5) �6) �7) �8) �9) 10-yr 15-yr 20-yr 25-yr Ol/06/07 867.41 924.19 956.10 992.'73 1,025.89 1,048.39 1,086.88 1,099.74 1,112.63 GRADE 09C • (1) Ol/06/07 883.93 CZ) C � � �� 7) � � 10-yr IS-yr 20-yr 25-yr 946.64 977.40 1,014.04 1,04839 1,070.85 1,112.75 1,125.61 1,138.50 GRADE lOC 100C SERVICE WORKER II � � � � � �� ) � � 1�-yr 15-yr 20-yr 25-yr Ol/06/07 904.05 961.99 996.30 1,028.27 1,066.06 1,095.02 1,138.72 1,151.57 1,164.45 GRADE 11 C 316C OFFICB ASSISTANT I � � � � �5) �� ) � � 10-yr 15-yr 20-yr 25-yr Ol/06/07 917.08 983.29 1,01639 1,053.05 1,095.02 1,121.87 1,163.29 1,17b.17 1,189.05 GRADE 12C � �z) � � � � ��) �$) � 10-yt 15-yr 20-yr 25-yr O1/06/07 93836 1,006.95 1,042.45 1,079.66 1,121.87 1,146.11 1,192.46 1,20531 1,218.18 GRADE 13C • �1) �2) �3) �4) �5) �� ) �8) �9} 10-yr 15-yr 20-yr 25-yr Ol/061Q7 956.10 1,025.&9 1,062.50 1,103.96 1,151.21 1,176.22 1,228.84 1,241.72 1,254.59 A-1 APPENDIX A (Continued) GRADE 14C • (�) ( ( ( ( (�1 (�1 (g) C 10-yr 15-yr 20-yr 25-yr 01/06/07 977.40 1,048.39 1,088.62 1,128.20 1,174.79 1,209.35 1,255.47 1,26837 1,281.22 GRADE 16C � �z) � � � �� ) � � 10-yr 15-yr 20-yr 25-yr O l/06/07 1,018,78 1,096.30 1,138.46 1,187.29 1,236.93 1,268.63 1,324.08 1,336.93 1,349.82 GRADE 18C 317C OFFICE ASSISTANT II � �Z) � � � �� ) �$) � 10-yr IS-yr 20-yr 25-yr Ol/06/07 1,062.50 1,15121 1,198.31 1,247.95 1,304:53 1,337.64 1,394.10 1,406,98 1,419.82 GRADE 19C � � � � �� 7) �$) � 10-yr 15-yr 20-yr 25-yr O l/06/07 1,088.62 1,174.79 1,227.25 1,281.09 1,337.64 1,373.49 1,429.12 1,441.96 1,454.83 GRADE 21C 210B WORKERS COMPENSATION CLAIMS PROCESSOR � � � � � �� ) �$) � 10-yr 15-yr 20-yr 25-yr 01 /06/07 1,138.46 1,236.93 1,290.72 1,350.03 1,407.98 1,446.58 1,507.53 1,52038 1,533.27 GRADE 22C �1) �Z) �3) �4) � �� $) �9) 10-yr 15-yr 20-yr 25-yr O l/06/07 1,165.27 1,270.10 1,332.11 1,390.04 1,450.79 1,490.78 1,553.70 1,566.58 1,579.43 GRAllE 23C �i) � �3) � � �� ) � � 10.yr 15-yr 20-yr 25-yr Q I/06/07 1,19831 1,304.53 1,361.06 1,423.15 1,482.49 1,523.85 1,585.89 1,598.75 1,611.67 GRADE 24C 318C OFFICE ASSISTANT III �1) �2) �3) �4) �5) (� ��) �8) �9) 10-yr 15-yr 20-yr 25-yr Ol/06/07 1,230.01 1,338.96 1,399.69 1,464.53 1,526.62 1,569.35 1,634.92 1,647.78 1,660,66 • A-2 APPENDIX A (Continued) GRADE 25C • � �Z) � � � �� ) �$) � 10-yr 15-yr 20-yr 25-yr Ol/06/07 1,260.34 1,373.49 1,432.78 1,493.54 1,559.69 1,603.85 1,671.34 1,684.21 1,697.07 GRADE 26C � �Z) � � � �� ) �g) � ian is-n Zan zs-n O l/06/07 1,294.87 1,412.10 1,475.60 1,541.77 1, 609.3 6 1,652.14 1,723.16 1,736.04 1,748.88 GRADE 27C � �Z) � � � �� ) �g) � 10-yr 15-yr 20-yr 25-yr O l/06/07 1,294.87 1,417.66 1,482.49 1,552.81 1,623.15 1,670.02 1,741.33 1,754.19 1,767.06 GRADE 28C • � � � �`�) � � ��) � � 10-yr 15-yr 20-yr 25-yr O l/06/07 1,332.11 1,450.79 1,519.68 1,585.89 1, 659.03 1,704.58 1,78334 1,796.20 1, 809.06 GRADE 29C 319C OFFICE ASSISTANT IV (1) (2) (3) (4) (5) (6) (7) (8) (9) 1�-yr 15-yr 2�-yr 25-yr O l/06/07 1,363.82 1,493.54 1, 565.25 1, 635.60 1,712.83 1,'761.11 1,835.14 1,848.03 1, 860.92 GRADE 30C �I) �Z) � � � �� ) � � 10-yr 15-yr 20-yr 25-yr 01 /06/07 1,403.85 1, 532.08 1, 608.00 1, 681.13 1,75838 1,806.63 1,885.56 1, 898.42 1,911.29 GRADE 31C 320C EXECUTIVE ASSISTANT I 300C IIUMAN RESOURCES ADMIN SUPPORT COORD 209B SR WORKERS COMPENSATION CLAIM5 PROCESSOR • � � � � � �� ) �g) � 10-yr 15-yr 20-yr 25-yr O l/06/07 1,441.05 1,574.90 1,646.65 1,725.24 1,805.29 1,85630 1,933.20 1,946.07 1,958.95 A-3 APPENDIX A (Continued) GRADE 32C � �Z) � � � �� ) �$) � • 10-yr 15-yr 20-yr 25-yr Ol/06/07 1,481.10 1,620.41 1,696.28 1,774.95 1,857.68 1,911.53 1,994.77 2,007.64 2,020.50 GRADE 33C 402C BENEFITS SPECIALIST � �Z) � � � �� ) � � 10-yr 15-yr 20-yr 25-yr Ol/06/07 1,521.06 1,66733 1,743.19 1,824.58 1,911.53 1,965.27 2,049.36 2,062.23 2,07511 GRADE 034 �i) �2} (3} � ts) t� ��) �Si �g) 10-yr 15-yr 20-yr 25-yr Ol/06/07 1,565.25 1,712.83 1,790.12 1,874_22 1,965.24 2,019.08 2,106.76 2,119.69 2,132.53 GRADE 34C 506C CLERICAT.. SUPERVISOR �i) � C�) � �� 7 ��) � � 10-yr 15-yr 20-yr 25-yr 01/06/07 1,565.25 1,712.83 1,790.12 1,874.22 1,965.27 2,019.08 2,106.76 2,119.69 2,132.53 GRADE 36C � �2) � � � �� ) � � 10-yr 15-yr 20-yr 25-yr Ol/06/07 1,652.14 1,805.03 1,894.96 1,986.00 2,077,05 2,137.75 2,231.39 2,244.25 2,257.17 GRADE 37C --------•------------ � � � � �5) �� <g) � 10-yr 15-yr 20-yr 25-yr Ol/06/07 1,697.30 1,857.06 1,946.14 2,039.51 2,17436 2,220.93 2,314.55 2,327.39 2,340.27 TECHNICAL TTTLES GRADE 26S � �Z) � � � �� ) �g) � 10-yr 15-yr 20-yr 25-yr Ol/06/07 1,293.60 1,403.74 1,460.09 1,521.55 1,579.19 1,620.17 1,687.37 1,704.99 1,722.57 • • A-4 A.ppENDIX A (Continued) i GRADE 30S � � � � � �� ) �$) � 10-yr 15-yr 20-yr 25-yr Ol/06/07 1,393.48 1, 51128 1,577.90 1,645.73 1,717.44 1,761.00 1,835.52 1,853.16 1, 870.76 GRADE_ 32S ( CZ) ( ( ( (� (�) (g) ( io- is-y� zan zs-y� O l/06/07 1,462.60 1,59328 1, 656.00 1,730.22 1,808.40 1,850.67 1,932.96 1,950.61 1,968.18 GRADE 34S 686C ACCOUNTING TECHNICIAN II 234C HUMAN RESOURCES IS TECHI�ICIAN �i) � � � � �� ) � � 10-yr 15-yr 20-yr 25-yr 01/06/07 1,536.97 1,675.22 1,748.21 1,825.03 1,904.41 1,955.70 2,035.67 2,05330 2,070.89 GRADE 36S • �1) �2) �3) �4) �5) �6) �7) �$) �4) 10-yr 15-yr 20-yr 25-yr Ol/06/07 1,620.17 1,763.58 1,840.41 1,922.35 2,009.45 2,063.24 2,150.09 2,167.68 2,185.29 GRADE 38S �1) �2) �3) �4) �5) �6) ��) �8) �9) 10-yr 15-yr 20-yr 25-yr Ol(06/Q7 1,707.24 1,85834 1,93'7.74 2,026.11 2,111.94 2,173.33 2,263.18 2,280.76 2,29839 GRADE 40S �1) �2) �3) �4) �5) �6) ��) �$) �9) 10-yr 15-yr 20-yr 25-yr Ol/06/07 1,80030 1,958.96 2,04231 2,137.96 2,243.11 2,289.68 2,384.11 2,401.74 2,41935 GRADE 42S � � � � � �� ) � � 10-yr 15-yr 20-yr 25-yr Ol/06/07 1,892.93 2,065.81 2,155.43 2,251.52 2,353.92 2,419.24 2,520.51 2,538.14 2,555.72 PROFESSIONAL TTTLES GRADE 03R • (1) (2) (3) (4) (5) O l/06/07 1,306.00 1,411.07 1,482.08 1, 554.42 1,633.60 � ��) �$) 10-yr 15-yr 1,714.16 1,766.02 1,821.52 A-5 APPENDIX A (Continued) o iro�o� GRADE OSR �1) � �3) �4) �� ) �8) ian is- 1,386.49 1,495.74 I,573.49 1,644.93 2,731.86 1,816.54 1,871.10 t,931.07 GRADE 07R ------------------- 630C BUDGET ASSISTANT 392C RESEARCH ANALYST I � � � � � �� ) � 10-yr IS-yr Ol/06/07 1,467.02 1,588.57 1,666.32 1,751.01 1,838.40 1,928.45 1,985.78 2,050.25 Ol/06/07 GRADE 08R ---------------------- 290C HLTMAN RESOURCES CONSULTANT I � � � � � �� '� �$) ian is-y� 1,512.09 1,636.32 1,716.88 1,800.12 1,891.60 1,985.68 2,045.85 2,111.88 GRADE i1R 293C HtTMAN RESOURCES CONSULTANT II � � � � � �� ) �g) 10.yr 15-yr Ol/06/07• 1,65134 1,786.46 1,875.20 1,968.01 2,067.74 2,168.71 2,228.72 2,307.85 GRADE 13R 631C BLTDGET ANALYST � � � � � �� ) �g) ian is-y� Ol/06/07' 1,75235 1,89430 1,989.89 2,085.41 2,190.57 2,302.48 2,369.39 2,444.75 GR[�DE 14R �1) �2) � � �5) �� ) �g) 10-yr 15-yr Ol/06/07 1,804.25 1,950.28 2,047.25 2,150.97 2,256.10 2,369.39 2,439.00 2,520.14 GRADE O15 --------------------- 296C HUMAN RESOURCES CONSULTANT III 247C RISK ANALYST � �Z) � � � �� ) � 10-yr 15-yr O1J06/07 1,858.86 2,008.98 2,10729 2,213.73 2,322.98 2,439.00 2,514.09 2,596.85 • • • A-6 APPENDIX A (Continued) • • • Ol/06/07 01/06/07 01/06/07 01/06/07 GRADE 16R � �Z) � � � �� ) ( 10-yr 15-yr 1,908.57 2,062.81 2,166.57 2,274.41 2,387.71 2,507.82 2,581.54 2,665.92 GRADE 19R ---------------------- 632C SEIVIOR BUDGET ANALYST 620A *WORKERS COMP CLAIMS ADMINISTRATOR �1) �2) �3) �4) �5) �� (7) �8) 10-yr 15-yr 2,092.28 2,258.78 2,372.12 2,490.86 2,615.07 2,747.50 2,825.30 2,920.11 GRADE 20R � ( � � � �� ) � 10-yr 15-yr 2,153.71 2,328.44 2,444.48 2,565.94 2,694.22 2,828.09 2,91132 3,007.80 GRADE 2bR 633C CHIEF BUDGET ANALYST �i) � � � �j) �� ) � 10-yr 15-yr 2,570.07 2,780.20 2,914.00 3,062.89 3,215.71 3,375.41 3,476.43 3,588.62 A-7