90-119 WMITE - CITV CLERK
PINK - FINANCE GITY O� SAINT PAUL Council
CANARY - DEPARTMENT File NO. �a _,�• �
BLUE - MAYOR
? ' Co ncil Resolution � �
,: ,
Presented By �` !'-�=----�'� `�
Referp�d To Committee: Date
C
Out of Committee By Date
RESOLVED, That the Council of the City of Saint Paul hereby approves
and ratifies the attached agreement between the City of Saint Paul and
the Sheet Metal Workers International Association Local 10.
COUNCIL MEMBERS Requested y Department of:
Yeas Nays
'mo DimOrid OFFI OF PERSONNEL AND R RE IONS
Goswitz —� [n Favor
� � Long C�
scn � Maccabee � _ Against BY �` T�'�--
SO " Rettman �
w�So ThUrie
1180n ��� � � �9� Form App ed Cit Attorney
Adopted by Counc�. Date �`� �
Certified Pa.s ounci ecreta BY
By . �--�
�lpproved Mavor: Date �_ �AN 3 i 1990 Approved Mayor for ub ission t ouncil
By 11��:/`��`�� _ — By o/
PUBttSHED F� � j ;� ��+'�0
' . . (�90 ��9
��T� 0 f i c e o f w►�irwtu►1m ��9
Personnel & Labor R lations 12-29-89 GREEN SHEET No. �T��
oorrr�cr�a� p o�r�r o�croa�=a/L9/�p cRr oou�
James C. Lombardi 292-7301 �pp c�►�r�o�v �— arraEac
Musr e�oN aour��o�er� noutn+o euoc�r o�croA rw.a rar.sEnv�s an.
wu►va�l�nss�srMrn �
TOTAL N O�SIQNATUi�PA � (CLIP ALL LOCATIONS FOFt SItiNATUf�
�crwN�uES�u:
This resolution ap roves the attached contract between �he City and the Sheet Metal
Workers Internatio al Association Local 10. The contract period is May 1 , 1989 through
December 31 , 1990.
� arnoNS:Mw�+W« l�q COUNC�
_PuNraNG OoIAAAI�ON BEAVICE oo1�iN8810N ANALYS'T'T PNW�IE N0.
_p8 COMAMTTEE
_HTAFF _ �� �
_DIBTFtlCT COUFiT _
$��� ��AN 219�0 '
��„�►„��.�. �.�.�.�«..�x
� The current contra t expired on April 30, 1989. CITY ATTO�IUE�
'I
�ovMrr�s��+ovEO:
; This contract brea s the traditional t.ie in with the rate negotiated by this bargaining
�unit and the Sheet Metal, Air Conditioning and Roofing Contractors Association. It
implements a 2.75X base rate increase effective May 6, 1989 and a 2.8x base rate increase
� effective May 5, 1 90. In addition the City was able to negotiate more liberal hours
of work language a d a new lower pay rate for entry level Sheet Metal Tnapectors.
-_�,
�, �urt�s��novEO: .
None
RECEfVED
JANl s 19�90
� CiTY CLERK
������:
This is a signed a reement reached through the process of collective bargaining in
accordance with St te Law. If not approved, negotiations would have to begin again
and it is very lik ly that the City and the Union would end up in binding arbitration
or the Union may e ect to strike. In the event of an arbitratioq;p���r����l C.@Ilter
would likely award at least what was initially agreed upon.
JAN 11199�0
TOT�u AMOUNt of TlutanctwN • 8. 158.OO ��r�qp�p��p� � Np
f{N�i SO!lRCE ACTNITY Ii1pHEl1
FltUNCU1L�NFOFMAATION:(EXPLAII�
1 89 cost increase of wages and be�efits: $3, 183.00
1 90 cost increase of wages and ber�efits: $4,975.00 d�
�i
NOTE: OOMPLETE DIRECTION3 ARE INCX.UDED IN THE(iREEN SHEET IN3TRUCTIOWIL
MANUAL AVAIkABLE IN THE PURCHA81NCa OFFICE(PHONE NO.298-4225). i
ROUTINCi ORDER:
Below are preferred►outlngs br N�e flve rtwst frequeM typss of dxuments:
CONTRACTS (assumss suthorized COUNqL RESOIUTiON (Amend,BdgbJ .
budget exi�s) Accept.Grants)
1. Outside Aye�cy 1. OepartmeM Director
3. oity Atta�ney�ment 3: Budg�Director
Gty Attomey
4. Mayor 4. MByodAssistaM
5. Flnance d AAgmt Svcs. Directo► 5. City Cou�il
6. Flnence Axour►ting 6. Chief�ntant. Fln Q Mgmt 3vcs. �
� ADMINt8TRATIVE ORDER (Budgst COUNCIL RESOLUTION (all others) '
Revlsion) and ORDINANCE
1. Activity Managsr 1. Iniriating Department Director
2. Department AccouMaM 2. City Attomey
3. DepertmeM DireCtor 3. MayoNAssistaM
4. Bud�t Director 4. City Councfl
s. ay ae�
8. C•hief AccouMant� Fln d�Mgmt Svcs.
ADMINI3TRATIVE ORDERS (all othe►s)
1. Initiating Depeutment
• 2. City►Attomey
3. AAayoNAssistaM
4. City Clerk
TOTAL NUMBER OF SIGNATURE PAOES
Indicate the#�of pages at wh�h ai�natures are requirod and paperclip
esch of ih�e pagea.
ACTION RE�UESTED �
Desc�ibe what the projsct/roquest seeks to acoomplish in either chronologi-
. cal order or order of importsnce.wh�hever is most approp�iate for the
iss�. Do not w�ite complete aentsnces.Begin eech item in your li�with
a verb.
� RECOMMENDATIONS
Completa ff tha issue in question has been preseMed before any body, publfc
or p�ivate.
>_--
SUPPORT3 WHICH OOUNqL OBJECTIVE7 ` r
I�ica�whk�Coundl obJective(s)You�Prolect/request suppoRS by Ustfng
the key word(s)(HOUSINCi, RECREATION, NEIGHBORHOOD8,ECONWAIC D[VELOPMENT,
BUDOET, SEWER SEPARAT�ON).{SEE t�MPLETE UST IN IN3TRUCTIONAI.MANUAL)
COUNqL COMMITTEE/RE3EARCH REPORT-OPTIONAI A8 RE(ilJE8'TED BY COUNCII
INITIATINO PROBLEM, ISSUE,OPPORTUNIIY
Explain the situadon or condidona d�at cr�eatsd a need for your project
or request.
ADVANTA(3ES IF APPROVED
' Indicate whether this is atmply an annual bud�et procedure requlred by law/
Charter or whsther there are spsciflc in wh�h the City of 3a1M Paul
and ita cidzens will be�eHt fran this p�/action.
DISADVANTAOE3 iF APPROVED
What negaUve etfects a major d�nges to exiatinp or�St Proc�rNgM
this project/request.produce ff it la passed(e.g.,traiNc delays. noiae.
tax increaaes or assass�nerns)?To WhomT When?Fon c�w bng�
DISADVANTAaE3 IF NOT APPROVED
What will be the ne�ativs conseqwncss if the promised actlon is not
approved4 Inability W delhrer service4 Co�Nnued high traific.nase.
axideM raN?Lcss of revenus?
FlNANGAL IMPACT
Although you must tailor th�infortnatlon you provide hsro to the issue you
are addressirp,in geneal you m�answer two queations:How much is it
�oinp to coat?YVho is�oiny to payl
(l,,c 90 -��9
MAY 1, 1989 - DECEMBER 31, 1990
MAINTENANCE LABOR AGREEMENT
- between -
THE CITY OF SAINT PAUL
- and -
SHEET METAL WORKERS
INTERNATIONAL ASSOCIATION
LOCAL 10
�����9
• INDEX
ARTICLE TITLE PAGE
Preamble iii
I Purpose 1
II Recognition 2
III Employer Rights 3
IV Union Rights 4
V Scope of Agreement 5
VI Probationary Periods 6
VII Philosophy of Employment and Compensation 7
VIII Hours of Work 8
IX Overtime 9
X Call Back 10
XI Work Location, Residency 11
XII Wages 12
XIII Fringe Benefits 13
XIV Selection of Foreman and General Foreman 14
XV Holidays 15
XVI Disciplinary Procedures 16
XVII Absences From Work 17
XVIII Seniority 18
XIX Jurisdiction 19
XX Separation 20
XXI Tools Z1
XXII Grievance Procedure 22
XXIII Right of Subcontract 26
XXIV Non-Discrimination 27
XXV Severability 28
XXVI Waiver 29
XXVII City Mileage Plan 30
XXVIII Duration and Pledge 31
Appendix A A1
Appendix B B1
Appendix C C1
Appendix D D1
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. ��yo'i/�
. P R E A M B L E
This AGREEMENT is entered into between the City of Saint Paul,
hereinafter referred to as the EMPLOYER and the Sheet Metal Workers
International Association Local 10 hereinafter referred to as the UNION.
The EMPLOYER and the UNION concur that this AGREEMENT has as its
objective the promotion of the responsibilities of the City of Saint Paul
for the benefit of the general public through effective labor-management
cooperation.
The EMPLOYER and the UNION both realize that this goal depends
not only on the words in the AGREEMENT but rather primarily on attitudes
�etween people at all levels of responsibility. Constructive attitudes of
the CITY, the UNION, and the individual employees will best serve the needs
of the general public.
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� C;�yo -���
ARTICLE I - PURPOSE
1.1 The EMPLOYER and the UNION agree that the purpose for entering into
this AGREEMENT is to:
1.1.1 Achieve orderly and peaceful relations, thereby
establishing a system of uninterrupted operations
and the highest level of employee performance that
is consistent with the safety and well-being of all
concerned;
1.1.2 Set forth rates of pay, hours of work, and other
conditions of employment as have been agreed upon
by the EMPLOYER and the UNION;
1.1.3 Establish procedures to orderly and peacefully resolve
disputes as to the application or interpretation of
this AGREEMENT without loss of manpower productivity.
1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a
supplement to legislation that creates and directs the EMPLOYER. If
any part of this AGREEMENT is in conflict with such legislation, the
latter shall prevail. The parties, on written notice, agree to negotiate
that part in conflict so that it conforms to the statute as provided by
Article 25 (SEVERABILITY) .
- 1 -
ARTICLE II - RECOGNITION
2.1 The EMPLOYER recognizes the UNION as the exclusive representative
for collective bargaining purposes for all personnel having an
employment status of regular, probationary, provisional, temporary,
and emergency employed in the classes of positions defined in 2.2
as certified by the Buresu of Mediation Services in accordance
with Case No. 73-PR-513-A dated May 15, 1973.
2.2 The classes of positions recognized as being exclusively represented
by the UNION are as listed in Appendix A.
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ARTICLE III - EMPLOYER RIGHTS
3.1 The EMPLOYER retains the right to operate and manage all manpower,
facilities, and equipment; to establish functions and programs;
to set and amend budgets; to determine the utilization of technology;
to establish and modify the organizational structure; to select,
direct, and determine the number of personnel; and to perform any
inherent managerial function not specifically limited by this
AGREEMENT.
3.2 Any "term or condition of employment" not established by this
AGREEMENT shall remain with the EMPLOYER to eliminate, modify, or
establish following written notification to the UNION.
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ARTICLE IV - UNION RIGHTS
4.1 The EMPLOYER shall deduct from the wages of employees who authorize
such a deduction in writing an amount necessary to cover monthly
UNION dues. Such monies deducted shall be remitted as directed by
the UNION.
4.1.1 The EMPLOYER shall not deduct dues from the wages
of employees covered by this AGREEMENT for any other
labor organization.
4.1.2 The UNION shall indemnify and save harmless the
EMPLOYER from any and all claims or charges made
against the EMPLOYER as a result of the implementation
of this ARTICLE.
4.2 The UNION may designate one (1) employee from the bargaining unit to
act as a Steward and shall inform the EMPLOYER in writing of such
designation. Such employee shall have the rights and responsibilities
as designated in Article 22 (GRIEVANCE PROCEDURE) .
4.3 Upon notification to a designated EMPLOYER supervisor, the Business
Manager of the UNION, or his designated representative shall be
permitted to enter the facilities of the EMPLOYER where employees
covered by this AGREEMENT are working.
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�= yo -���
ARTICLE V - SCOPE OF THE AGREEMENT
5.1 This AGREEMENT establishes the "terms and conditions of employment"
defined by M.S. 179.63, Subd. 18 for all employees exclusively
represented by the UNION. This AGREEMENT shall supersede such
"terms and conditions of employment" established by Civil Service
Rule, Council Ordinance, and Council Resolution.
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ARTICLE VI - PROBATIONARY PERIODS
6.1 All personnel, originally hired or rehired following separation, in
a regular employment status shall serve a six (6) months' probationary
period during which time the employee's fitness and ability to perform
the class of positions' duties and responsibilities shall be evaluated.
6.1.1 At any time during the probationary period an
employee may be terminated at the discretion of the
EMPLOYER without appeal to the provisions of Article 22
(GRIEVANCE PROCEDURE) .
6.1.2 An employee terminated during the probationary period
shall receive a written notice of the reason(s) for
such termination, a copy of which shall be sent to the
UNION.
6.2 All personnel promoted to a higher class of positions shall serve a
six (6) months' promotional probationary period during which time
the employee's fitness and ability to perform the class of positions'
duties and responsibilities shall be evaluated.
6.2.1 At any time during the promotional probationary period
an employee may be demoted to the employee's previously
held class of positions at the discretion of the EMPLOYER
without appeal to the provisions of Article 22 (GRIEVANCE
PROCEDURE) .
6.2.2 An employee demoted during the promotional probationary period
shall be returned to the employee's previously held class of
positions and shall receive a written notice of the reasons for
demotion, a copy of which shall be sent to the UNION.
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��y� -ii9
ARTICLE VII - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The EMPLOYER and the UNION are in full agreement that the philosophy
of employment and compensation shall be a "cash" hourly wage and
"industry" fringe benefit system.
7.2 The EMPLOYER shall compensate employees for all hours worked
at the basic hourly wage rate and hourly fringe benefit rate as
found in Articles 12 (WAGES) and 13 (FRINGE BENEFITS) .
7.3 No other compensation or fringe benefit shall be accumulated
or earned by an employee except as specifically provided for
in this AGREEMENT.
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ARTICLE VIII - HOURS OF WORK
8.1 The normal work day shall be eight (8) consecutive hours per day�
excluding a thirty (30) minute unpaid lunch period between 7:00 a.m.
and 7:00 p.m.
8.2 The normal work week shall be five (5) consecutive normal work
days.
8.3 This section shall not be construed as, and is not a guarantee of,
any hours of work per normal work day or per normal work week.
8.4 All employees shall be at the location designated by their supervisor,
ready for work, at the established starting time and shall remain
at an assigned work location until the end of the established work
day unless otherwise directed by their supervisor.
8.5 All employees are subject to call-back by the EMPLOYER as provided
by Article 10 (CALL BACK) .
8.6 Employees reporting for work at the established starting time and
for whom no work is available shall receive pay for two (2) hours,
at the basic hourly rate, unless notification has been given not
to report for work prior to leaving home, or during the previous
work day.
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��'9a �/�
ARTICLE IX - OVERTIME
9.1 All overtime compensated for by the EMPLOYER must receive prior
authorization from a designated EMPLOYER supervisor. No overtime
work claim will be honored for payment or.credit unless approved in
advance. An overtime claim will not be honored, even though shown
on the time card, unless the required advance approval has been obtained.
9.2 The overtime rate of one and one-half (1.5) the basic hourly rate
shall be paid for work performed under the following circumstances:
9.2.1 Time worked in excess of eight (8) hours in any one
normal work day and
9.2.2 Time worked on a sixth (6th) day following a normal
work week.
9.3 The overtime rate of two (2) times the basic hourly rate shall be paid
for work performed under the following circumstances:
9.3.1 Time worked on a holiday as defined in Article 15
(HOLIDAYS) ;
9.3.2 Time worked on a seventh (7th) day following a
normal work week; and
9.3.3 Time worked in excess of twelve (12) consecutive hours
in a twenty-four (24) hour period, provided, that all
"emergency" work required by "Acts of God" shall be
compsnsated at the rate of one and one-half (1.5) .
9.4 For the purposes of calculating overtime compensation overtime hours worked
shall not be "pyramided", compounded, or paid twice for the same hours worked.
9.5 Overtime hours worked as provided by this ARTICLE shall be paid in cash or
in compensatory time as determined by the Employer.
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AR'llCLE X - CALL BACK
10.1 The EMPLOYER retains the right to call back employees before an
employee has started a normal work day or normal work week and
after an employee has completed a normal work day or normal work
week.
10.2 Employees called back shall receive a minimum of four (4) hours
pay at the basic hourly rate.
10.3 The hours worked based on a call-back shall be compensated in
accordance with Article 9 (OVERTIME) , when applicable, and subject
to the minimum established by 10.2 above.
10.4 Employees called back four (4) hours or less prior to their normal
work day shall complete the normal work day and be compensated
only for the overtime hours worked in accordance with Article 9
(OVERTIME) .
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��yo''��
ARTICLE XI - WORK IACATION, RESIDENCY
11.1 Employees shall report to work location as assigned by a designated
EMPLOYER supervisor. During the normal work day employees may be
assigned to other work locations at the discretion of the EMPIAYER.
11.2 Employees assigned to work locations during the normal work day,
other than their original assignment, and who are required to furnish
their own transportation shall be compensated for mileage.
11.3 The resolution pertaining to residency approved July 26, 1979, under
Council File No. 273378 shall apply to all employees covered by this
AGREEMENT.
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ARTICLE XII - WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be
paid for all hours worked by an employee.
12.2 Provisional and temporary employees shall be compensated in accordance
with Article 12.1 (WAGES) and have fringe benefit contributions and/or
deductions made in their behalf as provided for by Article 13 (FRINGE
BENEFITS) .
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�'qo�i�'
ARTICLE XIII - FRINGE BENEFITS
13.1 The EMPIAYER shall make contributions on behalf of and/or
make deductions from the wages of employees covered by this
AGREEMENT in accordance with Appendix D for all hours worked.
13.2 Effective May 1, 1986 provisional, probationary and regular
employees shall be eligible for a paid holiday for Labor Day,
the first Monday in September in accordance with the Saint Paul
Salary Plan and Rates of Compensation.
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ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN
14.1 The selection of personnel for the class of position Sheet
Metal Foreman shall remain solely with the EMPLOYER.
14.2 The class of position Sheet Metal Foreman shall be filled
by employees of the bargaining unit on a "temporary assignment".
14.3 All "temporary assignments" shall be made only at the direction
of a designated EMPLOYER supervisor.
14.4 Such "temporary assignments" shall be made only in cases where
the class of positions is vacant for more than one (1) normal
work day.
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��pa��9
ARTICLE XV - HOLIDAYS
15.1 The following ten (10) days shall be designated as holidays:
New Year's Day, January 1
Martin Luther King Day, Third Monday in January (effective 1986)
Presidents' Day, Third Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, first Monday in September
Columbus Day, second Monday in October
Veterans' Day, November 11
Thanksgiving Day, fourth Thursday in November
Christmas Day, December 25
15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday,
the following Monday shall be considered the designated holiday. When
any of these three (3) holidays falls on a Saturday, the preceding Friday
shall be considered the designated holiday.
15.3 The ten (10) holidays shall be considered non-work days.
15.4 If, in the judgment of the EMPLOYER, personnel are necessary for
operating or emergency reasons, employees may be scheduled or
"called back" in accordance with Article 10 (CALL BACK) .
15.5 Employees assigned to work on Martin Luther King Day, Presidents' Day,
Columbus Day or Veterans' Day shall be compensated on a straight time
basis for such hours worked.
15.6 Employees assigned to work on New Year's Day, Memorial Day, Independence
Day, Thanksgiving Day or Christmas Day shall be compensated at the rate
of two (2) times the basic hourly rate for such hours worked.
15.7 Employees working on Labor Day shall be recompensed for work done on
this day by being granted compensatory time on a time and one-half
basis or by being paid on a time and one-half basis for such hours
worked, in addition to the employee's regular holiday pay.
15.8 Notwithstanding Article 15.1, the Employer may at anytime during the life
of this Agreement designate the day after Thanksgiving as a holiday. In
the event of such designation, the Columbus Day holiday shall be deleted
from the holidays list set forth in Article 15.1. In addition, the
Columbus Day holiday where referenced in Article 15.5 shall be deleted
from same and the day after Thanksgiving shall be substituted.
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ARTICLE XVI - DISCIPLINARY PROCEDURES
16.1 The EMPLOYER shall have the right to impose disciplinary actions on
employees for just cause.
16.2 Disciplinary actions by the EMPLOYER shall include only the
following actions:
16.2.1 Oral reprimand
16.2.2 Written reprimand
16.2.3 Suspension
16.2.4 Demotion
16.2.5 Discharge
16.3 Employees who are suspended, demoted, or discharged shall have the
right to request that such actions be reviewed by the Civil Service
Commission or a designated Board of Review. The Civil Service
Commission, or a designated Board of Review, shall be the sole and
exclusive means of reviewing a suspension, demotion, or discharge.
No appeal of a suspension, demotion, or discharge shall be considered
a "grievance" for the purpose of processing through the provisions
of Article 22 (GRIEVANCE PROCEDURE) .
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ARTICLE XVII - A$SENCES FROM WORK
17.1 Employees who are unable to report for their normal work day have
the responsibility to notify their supervisor of such absence as
soon as possible, but in no event later than the beginning of such
work day.
17.2 Failure to make such notification may be grounds for discipline
as provided in Article 16 (DISCIPLINARY PROCEDURES) .
17.3 Failure to report for work without notification for three (3)
consecutive normal work days may be considered a "quit" by the
EMPLOYER on the part of the employee.
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ARTICLE XVIII - SENIORITY
18.1 Seniority, for the purposes of this AGREEMENT, shall be defined as follows: '
18.1.1 "Master Seniority" - the length of continuous regular
and probationary service with the EMPLOYER from the
last date of employment in any and all class titles
covered by this AGREEMENT.
18.1.2 "Class Seniority" - the length of continuous regular
and probationary service with the EMPLOYER from the
date an employee was first appointed to a class title
covered by this AGREEMENT.
18.2 Seniority shall not accumulate during an unpaid leave of absence,
except when such a leave is granted for a period of less than thirty
(30) calendar days; is granted because of illness or in�ury; is
granted to allow an employee to accept an appointment to the
unclassified service of the EMPLOYER or to an elected or appointed
full-time position with the UNION.
18.3 Seniority shall terminate when an employee retires, resigns, or is discharged.
18.4 In the event it is determined 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 of "Class Seniority." Employees
laid off shall have the right to reinstatement in any lower-paid class
title, provided, employee has greater "Master Seniority" than the employee
being replaced.
18.5 The selection of vacation periods shall be made by class title based on
length of "Class Seniority", subject to the approval of the EMPLOYER.
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. �� 9� �i�9
ARTICLE XIX - JURISDICTION
19.1 Disputes concerning work �urisdiction between and among unions is
recognized as an appropriate sub�ect for determination by the various
unions representing employees of the EMPLOYER.
19.2 The EMPLOYER agrees to be guided in the assignment of work �urisdiction
by any mutual agreements between the unions involved.
19.3 In the event of a dispute concerning the performance or assignment of
work, the unions involved and the EMPLOYER shall meet as soon as mutually
possible to resolve the dispute. Nothing in the foregoing shall restrict
the right of the EMPLOYER to accomplish the work as originally assigned
pending resolution of the dispute or to restrict the EMPLOYER'S basic
right to assign work.
19.4 Any employee refusing to perform work assigned by the EMPLOYER and as
clarified by Sections 19.2 and 19.3 above shall be subject to disciplinary
action as provided in Article 16 (DISCIPLINARY PROCEDURES) .
19.5 There shall be no work stoppage, slow down, or any disruption of work
resulting from a work assignment.
- 19 -
ARTICLE XX - SEPARATION
20.1 Employees having a probationary or regular employment status shall '
be considered separated from employment based on the following
actions:
20.1.1 Resi�nation. Employees resigning from employment
shall give written notice fourteen (14) calendar
days prior to the effective date of the resignation.
20.1.2 Discharge. As provided in Article 16.
20.1.3 Failure to Re�ort for Duty. As provided in Article 17.
20.2 Employees having an emergency, temporary, or provisional employment
status may be terminated at the discretion of the EMPLOYER before the
completion of a normal work day.
- 2 0 -
. ��9����y
ARTICLE XXI - TO�LS
21.1 All employees shall personally provide themselves with the tools
of the trade as listed in Appendix B.
- 21 -
ARTICLE XXII - GRIEVANCE PROCEDURE
22.1 The EMPLOYER shall recognize Stewards selected in accordance with UNION
rules and regulations as the grievance representative of the bargaining
unit. The UNION shall notify the EMPIAYER in writing of the names of
the Stewards and of their successors when so named.
22.2 It is recognized and accepted by the EMPLOYER and the UNION that the
processing of grievances as hereinafter provided is limited by the 3ob
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 pro-
cessed 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 prograa►s of the EMPLOYER.
22.3 The procedure established by this ARTICLE shall be the sole and exclusive
procedure, except for the appeal of disciplinary action as provided by
Article 16.3, for the processing of grievances, which are defined as an
alleged violation of the terms and conditions of this AGREEMENT.
22.4 Grievances shall be resolved in conformance with the following procedure:
Ste�. 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 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
- 22 -
. �r 9� -i�9
ARTICLE XXII - GRIEVANCE PROCEDURE (continued)
� 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
ri$e 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 2. 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 EMPLOYER shall reply in writing to the UNION within three (3)
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 EMPLOYER'S 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.
Step 3. 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
- 23 -
ARTICLE XXII - GRIEVANCE PROCEDURE (continued)
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 in writing by the UNION to Step 4 within
seven (7) calendar days following receipt of the EMPIAYER'S answer
shall be considered waived.
Step 4. If the grievance remains unresolved, the UNION may within seven (7)
calendar days after the response of the EMPLOYER in Step 3, by
written notice to the EMPLOYER, request arbitration of the grievance.
The arbitration proceedings shall be conducted by an arbitrator to
be selected by mutual agreement of the EMPIAYER 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 Relations
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 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.
22.5 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 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
- 2 4 -
. ��= 9a'i�9
ARTICLE XXII - GRIEVANCE PROCEDURE (continued)
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 EMPIAYER, the UNION, and the employees.
22.6 The fees and expenses for the arbitrator's services and proceedings
shall be borne equally by the EMPLOYER and the UNION, provided that
each party shall be responsible for compensating its own representative
and witnesses. If either party desires a verbatim record of the
proceedings, it may cause such a record to be made providing it pays
for the record.
22.7 The time limits in each step of this procedure may be extended by
mutual agreement of the EMPLOYER and the UNION.
- 25 -
ARTICLE XXIII - RIGHT OF SUBCONTRACT
23.1 The EMPLOYER may, at any time during the duration of this
AGREEMENT, contract out work done by the employees covered
by this AGREEMENT. In the event that such contracting would
result in a reduction of the work force covered by this
AGREEMENT, the EMPLOYER shall give the UNION a ninety (90)
calendar day notice of the intention to subcontract.
23.2 The subcontracting of work done by the employees covered
by this AGREEMENT shall in all cases be made only to employers
who qualify in accordance with Ordinance No. 14013.
- 26 -
. �� 90'��9�
ARTICLE XXIV - NON-DISCRIMINATION
24.1 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, or because of inembership or non-membership in the UNION.
24.2 Employees will perform their duties and responsibilities in
a non-discriminatory manner as such duties and responsibilities
involve other employees and the general public.
- 27 -
ARTICLE XXV - SEVERABILITY
25.1 In the event that any provision(s) of this AGREEMENT is declared
to be contrary to law by proper legislative, administrative� or
judicial suthority from whose finding, determination, or decree
no appeal is taken, such provision(s) shall be voided. All other
provisions shall continue in full force and effect.
25.2 The parties agree to, upon written notice, enter into negotiations
to place the voided provisions of the AGREEMENT in compliance with
the legislative, administrative, or �udicial determination.
- 28 -
�� 90 -i��
ARTICLE XXVI - WAIVER
26.1 The EMPLOYER and the UNION acknowledge that during the meeting
and negotiating which resulted in this AGREEMENT, each had the
right and opportunity to make proposals with respect to any
subject concerning the terms and conditions of employment. The
agreements and ugaderstandings reached by the parties after the
exercise of this right are fully and completely set forth in
this AGREEMENT.
26.2 Therefore, the EMPIAYER and the UNION for the duration of this
AGREEMENT agree that the other party shall not be obligated to
meet and negotiate over any term or conditions of employment
whether specifically covered or not specifically covered by this
AGREEMENT. The UNION and EMPLOYER may, however, mutually agree
to modify any provision of this AGREEMENT.
26.3 Any and all prior ordinances, agreements, resolutions, practices,
policies, and rules or regulations regarding the terms and
conditions of employment, to the extent they are inconsistent
with this AGREEMENT, are hereby superseded.
- 29 -
ARTICLE XXVII - CITY MILEAGE
27.1 Automobile Reimbursement Authorized: 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 own sutomobiles in
the performance of their duties, the following provisions are adopted.
27.2 �Iethod of Computation: To be eligible for such reimbursement, all
officers and employees must receive written suthorization from the
Department Head.
Ty.pe 1. If an employee is required to use his/her own sutomobile
OCCASIONALLY during employment, the employee shall be reimbursed at
the rate of $3.00 per day for each day the employee's vehicle is
actually used in performing the duties of the employee's position.
In addition, the employee shall be reimbursed $0.15 per mile for each
mile actually driven.
If such employee is required to drive an automobile during employment
and the department head or designated representative determines that an
employer vehicle is available for the employee's use but the employee
desires to use his/her own automobile, then the employee shall be
reimbursed at the rate of $0.15 per mile driven and shall not be eligible
for any per diem.
�,ype 2. If an employee is required to use his/her own sutomobile
REGULARLY during employment, the employee shall be reimbursed at the
rate of $3.00 per day for each day of work. In addition, the employee
shall be reimbursed $0.15 per mile for each mile actually driven.
If such employee is required to drive an automobile during employment
and the department head or designated representative determines that
an employer vehicle is available for the employee's use but the employee
desires to use his/her own sutomobile, then the employee shall be
reimbursed at the rate of $0.15 per mile driven and shall not be eligible
for any per diem.
27.3 The City will provide parking at the Civic Center Parking Ramp for City
employees on either of the above mentioned types of reimbursement plans
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.
27.4 Rules and Regulations: 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 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 injury, 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.
- 30 -
. Gcyo -,�q
ARTICLE XXVIII - DURATION AND PLEDGE
28.1 This AGREEMENT shall become effective as of the date of signing,
except as specifically provided otherwise in Articles 12 and 13�
and shall remain in effect through the 31th day of December, 1990,
and continue in effect from year to year thereafter unless notice
to change or to terminate is given in the manner provided in 28.2.
28.2 If either party desires to terminate or modify this AGREEMENT,
effective as of the date of expiration, the party wishing to
modify or t�rminate the AGREEMENT shall give written notice to
the other party, not more than ninety (90) or less than sixty (60)
calendar days prior to the expiration date, provided, that the
AGREEMENT may only be so terminated or modified effective as of
the expiration date.
28.3 In consideration of the terms and conditions of employment estab-
lished by this AGREEMENT and the recognition that the GRIEVANCE
PROCEDURE herein established is the means by which grievances con-
cerning its application or interpretation may be peacefully resolved,
the parties hereby pledge that during the term of the AGREEMENT:
28.3.1 The UNION and the employees will not engage in,
instigate, or condone any concerted action in
which employees fail to report for duty, willfully
absent themselves from work, stop work, slow down
their work, or absent themselves in whole or part
part from the full, faithful performance of their
duties of employment.
- 31 -
ARTICLE XXVIII - DURATION AND PLEDGE (continued)
28.3.2 The EMPLOYER will not engage in, instigate�
or condone any lock-out of employees.
28.3.3 This constitutes a tentative agreement between
the parties which will be recommended by the
City Negotiator, but is subject to the approval
of the Administration of the City, the City
Council and is also sub�ect to ratification by the
Association.
AGREED to this 6th day of December, 1989 and attested to as the
full and complete understanding of the parties for the period of time herein
specified by the signature of the following representative for the EMPLOYER
and the ASSOCIATION:
WITNESSES:
SHEET METAL WORKERS INTERNATIONAL
CITY OF SAINT PAUL ASSOCIATION, LOCAL 10
� ,
�,� � y � �Z�'.'�C� ' �
' Labor Relations Manager s ess Manager
/
Per nn
\
- 32 -
. ✓�- 90-,��
APPENDIX A
The classes of positions recognized by the EMPIAYER as being exclusively
represented by the UNION are as follows:
Senior Mechanical Inspector-Sheet Metal,
Sheet Metal Worker - Foreman,
Sheet Metal Worker,
Apprentice,
Sheet Metal Inspector;
and other classes of positions that may be established by the EMPLOYER
where the duties and responsibilities assigned come within the �urisdiction
of the UNION.
- A1 -
. �. �a _,i9
APPENDIX B
Tool Box
Whitney, Small
Crescent Wrench or set of Open End Wrenches
Center Punches
Hacksaw Frame
Chisels
Small Hand Tongs
6' Folding Rule
Screw Driver
Scratch Awls
Pliers
Snips, Straight-aviation L and R
Hammers (Tinners)
Dolly Bar
Combination Square
Prick Punch
10' Tape
Dividers
- B1 -
�;c �°'��9
APPENDIX C
The basic hourly wage rate for provisional, regular and probationary
employees appointed to the following class of positions shall be:
Effective Effective
-� 6=89 5-5-90
Sheet Metal Worker. . . . . . $19.98* $20.54*
Sheet Metal Worker Foreman. . $21.32* $21.92*
Sheet Metal Inspector
lst Step. . . . . . . . . . $20.65* $21.23*
2nd Step. . . . . . . . . . $21.32* $21.92*
Senior Mechanical
Inspector-Sheet Metal. . . . $22.21* $22.83*
The basic hourly wage rate for temporary and emergency employees appointed
to the following class of positions shall be:
Effective Effective
5-6-89 5-5-90
Sheet Metal Worker. . . . . . $20.79* $21.37*
Sheet Metal Worker Foreman. . $22.18* $22.80*
Sheet Metal Inspector
lst Step. . . . . . . . . . $21.48* � $22,08*
2nd Step. . . . . . . . . . $22.18* $22.80*
Senior Mechanical
Inspector-Sheet Metal. . . . $23.10* $23.75*
After appearing on the payroll for 1040 hours in the first step an employee in
the Sheet Metal Inspector classification may be granted a wage increase to the
second step.
The basic hourly wage rates for temporary employees whose length of service
and earnings require that they be sub�ect to Public Employees Retirement
Association contributions shall be the rate as shown in this Appendix "C" for
provisional employees in such classes.
*This rate includes the $1.85 taxable Credit Union deduction.
- C1 -
APPENDIX C (continued)
If the Union elects to have the contributions listed in Appendix D
increased or decreased, the Employer may ad�ust the above applicable rates
for participating employees in such a way that the total cost of the package
(wage rate plus contributions) remains constant.
- C2 -
�c" 90 -/�9
APPENDIX D
,
Effective May 1, 1989, the EMPLOYER shall:
(1) contribute $1.79 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGREEMENT to a Welfare Fund.
(2) contribute $0.95 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGREEMENT to a Local Pension Fund.
(3) contribute $0.89 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGREEMENT to a National Pension/COLA Funds.
(4) deduct $1.85 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGREEMENT, and forward to a Vacation Fund.
(5) contribute $0.18 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGREEMENT to the Journeyman and Agprenticeship Training Funds.
(6) contribute $0.01 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGREEMENT to the National Scholarship Fund.
The above contributions may be increased or decreased as long as the applicable
hourly rates in Appendix C for participating employees are decreased or increased
by the same total amount.
All contributions and deductions made in accordance with this Appendix shall
be forwarded to depositories as directed by the UNION.
The EMPLOYER shall establish Workman's Compensation and Unemployment
Compensation programs as required by Minnesota Statutes.
The EMPLOYER'S fringe benefit obligation to employees is limited to the
contributions and/or deductions established by this AGREEMENT. The actual
level of benefits provided to employees shall be the responsibility of
the Trustees of the various funds to which the EMPLOYER has forwarded
contributions and/or deductions.
- D1 -
WMITE - C�TV CLERK
PINK - FINANCE C I TY O F SA I NT PA U L Council �
CANARV - OEP4R7MENT // /(_//�-
BLUE - MAVOR File NO• 7 �� ,
CITY CLERK Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
RESOLVED, That the Council of the City of Saint Paul hereby approves
and ratifies the. attached agreement between the City of Saint Paul and
the Sheet Metal Workers International Association Local 10.
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond OFFICE F PERSONNEL L OR RELATIONS
[.o�s In Favor
coswitz
Rettman B ,�_
Scheibel A gai n s t Y
Sonnen /��
�Ison
Form Approved by City Attorney
Adopted by Council: Date
Certified Passed by Councii Secretary BY
By,
Approved by Mavor: Date Approved by Mayor for Submission to Council
By BY
�'D-//�r
����� 0 f f i ce o f a+���►� ��9
Personnel & Labor Relations 12-29-89 GREEN SHEET NO.
CONTACT PER80N 8 PhIONE INITIAU DA 1lMTIALfDATE
�DEPARTMENT DIRECTOR �CRY OOUNCL
James C. Lombardi 292-7301 N�M�� 0 cmr�rroa�r �cm aFwc
MusT ee oN oour���on er cw►rE1 notmNO �euoaEr a�cron ��.a�.s�v�s an
o� �wu►roa�on�sa�svwn �
TOTAL N OF SIGNATURE PAQES � (CUP ALL LOCATIONS FOR 810NATURl�
ACTION REOUEBTED:
This resolution approves the attached contract between the City and the Sheet Metal
Workers International Association Local 10. The contract period is May 1 , 1989 through
December 31 , 1990.
RECOMMENDATION8:APPrar�W or Ry�ct(i� COUNCIL COM REPORT
_PL.ANNINfi OOMIrM8810N _GVIL BERVICE OOM�AISSION AW1l.Y8T PFIONE N0.
_qB OOAAAMITEE _
OOMMEIJT&
_STAFF _
_DISTRIC'i OOURT _
SUPPORTS NMICM OOUNCR OBJECfiVE1
INITIATiNO PROBIEM.ISBUE.OPPORTUNfTY(WIlO.MIhM.1AlINn.Wh��WhYk
The current contract expired on April 30, 1989.
ADVANTAOE8 IF APPROVED:
This contract breaks the traditional tie in with the rate negotiated by this bargaining
unit and the Sheet Metal, Air Conditioning and Roofing Contractors Association. It
implements a 2.75% base rate increase effective May 6, 1989 and a 2.8y base rate increase
effective May 5, 1990. In addition the City was able to negotiate more liberal hours
of work language and a new lower pay rate for entry level Sheet Metal Tnspectors.
as�ov,wr�oes iF�vHOVEO:
None
as�owwr�s u�Nor�novc�
This is a signed agreement reached through the process of collective bargaining in
accordance with State Law. If not approved, negotiations would have to begin again
and it is very likely that the City and the Union would end up in binding arbitration
or the Union may elect to strike. In the event of an arbitration, the arbitrator
would likely award at least what was initially agreed upon.
TOTAL AMOUNT OF TRN�ACTION i 8. 1 S$.OO COST/RlVENUE SUDOETED(dRCLt ONEI � NO
FUNDINO SOIJRCE ACTIVITr NUMOER
FlPIAWCIAL IPIFOfWAT101�F:(EXPI.AIfi)
1989 cost increase of wages and benefits: $3, 183.00
1990 cost increase of wages and benefits: $4,975.00