90-618 0 R I G I N A L � � Council File ,� qo_��d
Green sheet # �/,3e�
RESOLUTION f�
OF SAINT PAUL, MINNESOTA �g
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Presented By >'✓ � �/
Referred To Committee: Date
- RESOLVED, That the Council of the City of Saint Paul hereby
approves and ratifies the attached agreements between Independent
School District No. 625 and the following labor organizations:
l. Twin City Glaziers, Architectural Metals and Glass Workers
Local 1324.
2. Operative Plasterers Local No. 20.
3. Operative Plasterers and Cement Masons International
Association Local_No. 560.
4. Bricklayers and Allied Craftsmen International Association
Local No. 1.
Yeas Nays Absent Requested by Department of:
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Adopted by Council: Date
APR 2 4 1990 Form ro ed by City Attorney
Adoptio ,Certified by Council Secretary gY: ,
By' Approved by Mayor for Submission to
Approved by or: Date
R 2 5 �990 Council
/��.��'�% � By:
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By:
PU�i.{SHED MAY — 51990_s -
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DEPARTMENTIOFFICEIOOUNCIL 0 f i c e O f DATE INRIATED �1(� Z
Personnel & Labor Relations 03-29-9Q GREEN SHEET ��'�'1 � t NOg� � � `��
CONTACT PERSON d PHONE � �N���A�
DEPARTMENT DIRECTOR �/ CITY frQU�C1J, f.,
James C. Lombardi I 292-7301 NUMBERFOR GTYATTOHNEY �'��]�'� ��'•'
MUBT BE ON COUNCIL AOENDA BY(DAT� ROtlTq10 �BUDf3ET DiRECTOR �FlN.8 MOT.SERVICES DIR.
�MAYOR(OR A8SISTANn �
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TOTAL N OF 81GNATURE PAG 1 (CLIP ALL LOCATIONS FOR 81GNATUR�
ACTION REQUESTED: �
This resolution appr ves the attached agreements between Independec�,�School District
No. 625 and the labo organizations listed in the attached summaries. ,
REWMMENDATIONS:Approve pq a Rejsc�t( ) COUNCIL COMMITTEE/RESEARCH i�PORT OPTIONAL ,
_PUINNINCi COMMISSION _ L SERVICE COMMISSION �Y3T PHONE NO.
_p8 COMMITfEE _
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ADVANTA(iE8 IF APPROVED:
See a,�tached summarie�s. A significant change in the building trades agreements is that
grievances regarding iscipline have become solely a part of the contract grievance
process. Before such�grievances were solely a part of the Civil Service grievance
� process.
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DISADVANTAOES IF APPROVEO:
None. These are Scho�l District contracts. The provisions contained therein do not
affect City of Saint aul employees.
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DISADVANTAQE8 IF NOT APPHOVED:
The provisions of the e contracts which may be different from Civil Service Rules would
not supersede such ru es unless approved by the City Council. School District employees
are subject to the Ci il Service Rules. �CEIVED V�����i� K�;��;dfCii l.�+ic�:�
I� APRO��� �PR 0�1990
CITY CLERK
TOTAL AMOUNT OF TRANSACTION a I� COST/REVENUE BUDQETED(GRCLE ON� YE8 NO
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FUNDINO SOURCE � ACTIVITY NUMBER
FlNANqAL INFORMATION:(EXPLAIN) I
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INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION
ST. PAUL PUBLIC SCHOOLS
DATE: Februarv s. �ss0
TOPIC: A{��roval of an em�loyment aqreement with Twin City Glaziers. Architectural
Metals and Glass Workers Local 1324
A. PERTINENT FACTS:
1) New Agreement is for the three year period June 1, 1989 through May 31, 1992.
2) Contract changes are as toliows:
— Article XV -Retirement: Language change deleting Article XV in its entirety,
which referenced mandatory retirement at age 70. This change is in
compliance with Federat Iegislation.
— Article XVI - Disci li�y Procedures: Language change to include the
employee's statutory right to have disciplinary actions, with the exception of
oral reprimands, heard through the Grievance Procedure as specified within
this Agreement.
— Ariicle XXII -Grievance Procedure: Language change which clarifies the
Grievance Procedure as the sole and exclusive remedy tor processing
grievances with the exception of discipline issues.
— Anoendix A - The title Glazier Foreman was added to the list of titles
recognized in the Agreement.
— t9�,�endix�- Reorganization oi Appendix C into sections C1 - C4. Addition
of Appendix C-1A specifying wage rates for compensation analysis purposes
only. Wage rates and beneffts increases reflect total package increases of
$.75 per hour tor June 1989; $.65 per hour for June 1990, and$.65 per hour
for June 1991. The d'rfferential for foreman pay was increased from$.50 per
hour to$1.00 per hour over journeyman „ale.
3) The District has three regular employees in this bargaining unit.
4) This request is submitted by Phyllis E. Byers, Negotiations/Labor Relations
Manager; and Curman L. Gaines, Associate Superintendent, Administrative
Services.
B. RECOMMENDATION:
That the Board of Education School District No. 625 approve and adopt the Agreement
concerning the terms and conditions of employment of those employees in this school
district for whom Twin City Glaziers, Architectural Metals and Glass Workers local 1324 is
the exclusive representative;duration of said Agreement is for the period of June 1, 1989
through May 31, 1992.
INDEPENDENT SCHOOL DISTRICT NO. 625 " �d��/� '
BOARD OF EDUCATION
ST. PAUL PUBLIC SCHOOLS
DATE: Fsbruary 20. 1990
TOPIC: A�proval of an em{�loyment aqreement with Onerative Plasterers Local No. 20
A. PERTINENT FACTS:
1) New Agreement is for the three year period June 1, 1989 through May 31, 1992.
2) Contract changes are as follows:
— Article XV - Retirement: Language change deleting Article XV in its entirety,
which referenced mandatory retirement at age 70. This change is in
compliance with Federal legislation.
— Article XVI - Disci linary Procedures: Language change to include the
employee's statutory right to have disciplinary actions, with the exception of
oral reprimands, heard through the Grievance Procedure as specified within
this Agreement.
— Article XXII -Grievance Procedure: Language change which clarifies the
Grievance Procedure as the sole and exclusive remedy for processing
grievances with the exception of discipline issues.
— A��ndix A- Language change deleting the title Plasterer Inspector from the
list of titles recognized in the Agreement.
— fl� endix�- Reorganization of Appendix C into sections C1 - C4. Addition
of Appendix C-1A specifying wage rates for compensation analysis purposes
only. Wage rates and benefits increases reflect total package increases of
_ $.50 per hour for June 1989; $.60 per hour for June 1990, and$.65 per hour
for June 1991.
— fl�nendix E - Language change deleting this appendix, which referenced
rate of pay calculations for Plasterer Inspector positions.
3) The District has one regular employee in this bargaining unit.
4) This request is submitted by Phyllis E. Byers, Negotiations/Labor Relations
Manager; and Curman L. Gaines, Associate Superintendent, Administrative
Services.
B. RECOMMENDATION:
That the Board of Education School District No. 625 approve and adopt the Agreement
concerning the terms and conditions of employment of those employees in this school
district for whom Operative Plasterers' Local No. 20 is the exclusive representative;
duration of said Agreement is for the period of June 1, 1989 through May 31, 1992.
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INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION
ST. PAUL PUBLIC SCHOOLS
. DATE: Februarv 20. 1990
TOPIC: A��roval of an em�loymerrt a�reement with O�erative Plasterers and Gement
Masons International Association Local 560
A. PERTINENT FACTS:
1) New Agreement is for the three year period May 1, 1989 through April 30, 1992.
2) Contract changes are as folbws:
- Article IX-Overtime: Language change providing for overtime to be paid in
wages or compensatory time.
- Atticie XVI - Disci lina Procedur .c: Language Change to include the
employee's statutory right to have disciplinary actions, with the exception of
oral reprimands, heard through the Grievance Procedure as specified within
this Agreement.
- Article XXII - rrievance Proced�re; Language change which clarifies the
Grievance Procedure as the sole and exclusive remedy for processing
grievances with the exception of discipline issues.
- A42�endix A - Language change deleting the title Building Inspector- Cement
Finisher trom the list of tittes recognized in the Agreemer�t.
- ARJ2�sliX�- Reorganization of Appendix C iMo sections C1 - C4. Addition
ot Appendix C-1A specifying wage rates for compensation analysis purposes
only. Wage rates and beneffts increases reflect totat package increases ot
$.50 per hour for May 1989; $.60 per hour for May 1990, and $.65 per hour
for May 1991.
- ��endix E • Retirement: Language change deleting Appendix E in its
ernirety, which referenced mandatory retirement at age 70. This change is in
compliance with Federal legistation.
3) The District has no regular employees in this bargaining unit. In the past,
temporary employees have occasionatly been used but no one assigned to this
bargaining unit has been on any 1989 payroll. Therefore, no estimated cost
impact can be calculated.
4) This request is submitted by Phyllis E. Byers, Negotiations/Labor Relations
Manager; and Curman L. Gaines, Associate Superintendent, Administrative
Services.
B. RECOMMENDATION:
That the Board of Education School District No. 625 approve and adopt the Agreement
concerning the terms and conditions of employment oi those employees in this school
district for whom Operative Plasterers' and Cement Masons' International Association
Local No. 560 is the exclusive represerrtatnre;duration of said Agreemern is for the period
of May 1, 1989 through April 30, 1992.
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INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION
ST. PAUL PUBLIC SCHOOLS
DATE: Januarv 23. isso
TOPIC: e�nroval of an em 12oyment a�reement with Bricklayers and Allied Craftsman
lnternational Association Local No. 1
A. PERTINENT FACTS:
1) New Agreement is for the three year period May 1, 1989 through April 30, 1992.
2) Contract changes are as follows:
— Article XVI - IZisci I�y Procedures: Language change to include the
employee's statutory right to have disciplinary actions, with the exception of
oral reprimands, heard through the Grievance Procedure as specified within
this Agreement.
— Article XXII - Grievance Procedure: Language change which clarifies the
Grievance Procedure as the sole and exclusive remedy for processing
grievances with the exception of discipline issues.
— A�r�endix A - Language change deleting the titles Stone Mason and Masonry
Inspector from the list of titles recognized in the Agreement.
— A� endix� - Reorganization of Appendix C into sections C1 - C4. Addition
of Appendix C-1A specifying wage rates for compensation analysis purposes
only. Wage rates and benefits increases reflect total package increases of
$.50 per hour for May 1989; $.60 per hour for May 1990, and $.65 per hour
for May 1991.
— A�r�endix E -Aetirement: Language change deleting Appendix E in its
entirety, which referenced mandatory retirement at age 70. This change is in
compliance with Federal legislation.
3) The District has one regular employee in this bargaining unit.
4) This request is submitted by Phyllis E. Byers, Negotiations/Labor Relations
Manager; and Curman L. Gaines, Associate Superintendent, Administrative
Services.
B. RECOMMENDATION:
That the Board of Education School District No. 625 approve and adopt the Agreement
concerning the terms and conditions of employment of those employees in this school
district for whom Bricklayers and Allied Craftsmen Local No. 1 is the exclusive
representative; duration of said Agreement is for the period of May 1, 1989 through April
30, 1992.
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• 1N�EX
ARTI L TIT�� A E
Pr�mble..........................................................................................................____...............v
IPu�...................................................................................................................................1
IIReoognibon............................................................................................................................1
III Employer Rghts.................................................................................................................1
� IV
Union Rights.........................................................................................................................3
VScope of the Agreement..............................................................................................3
VIProbationary Periods.....................................................................................................4
VI Philosophy of Employment and Compensation................................................4
VIIIHours of Work.....................................................................................................................5
IXOvertime................................................................................................................................6
XCali Back..............................................................................................................................6
XIWork Location.....................................................................................................................7
XII Wages......................................................................................................................................8
XIIIFringe Benefits................................................................................................................12
XIV Selection of Foreman and General Foreman.................................................12
• XV Hd�...............................................................................................................................13
XV Disciplinary Procedures..............................................................................................15
XVI I Abserxes from Work....................................................................................................15
XVI I I Seno�tY..............................................................................................................................16
XIXJurisdiction.........................................................................................................................17
XXSeparation.........................................................................................................................17
XXITools.....................................................................................................................................17
XXI I Grievdnce Prooedure...................................................................................................18
XXIIIRight of Subcontract...................................................................................................20
• XX I V Na►�disaimir�ation............................................................:.............................................20
XXVSeverability.......................................................................................................................20
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XXVIWaiver..................................................................................................................................21
XXV I I Mileage-Independent School District No.625................................................21
XXVIIIDuration and Pledge.....................................................................................................23
APPer�d'oc A.......................................................................................................................A 1
AppendixB............................_...................................................................._...................B 1
Apperxi'a C.............................................................................................._.�_._......_..C 1-3
AppendixD............................................................................................�.�..___�....D 1-2
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� ' PREAMBLE
This AGREEMENT is entered into between independent School District No. 625,
hereinafter referred to as the EMPLOYER, and Twin City Glaziers and Glass Workers Local
1324, 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 Independent School District No. 625 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 between people at all levels of
responsibility. Constructive attitudes of the EMPLOYER, the UNION, and the individual
employees will best serve the needs of the general public.
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. ARTICLE I - PURPOSE
1.1 The EMPLOYER and the UNION agree that the purpose for entering into this
AGREEMENT is to:
1 .11 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;
' 1.12 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 .13 Establish procedures to orderly and peacefully resolve disputes as to the
application or interpretation of this AGREEMENT without loss of 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).
• ARTICLE 11 - 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, and temporary employed in the classes of positions defined in
2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 90-
PCL-3169 dated February 26, 1990.
. 2.2 The classes of positions recognized as being exclusively represented by the UNION are
as listed in Appendix A.
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 td perform any inherent
managerial function not specifically limited by this AGREEMENT.
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Articie III - Employer Rights (conanued) •
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 VI - PROBATIONARY PERIODS •
6.1 All personnel, originally hired or rehired following separation, in a regular employment
status shail seroe a six (6) months' probationary period during which fime the empioyee's
fitness and ability to perform the class of positions' duties and responsibilities shall be
evaluated.
6.11 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). -
6.12 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.
6.21 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). •
6.22 An employee demoted during the promotional probationary period shall be
returned to the employee's previously-hefd class of positions and shall receive a
written notice of the reasons for demotion, a copy of which shall be sent to the
UNION.
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; except those employees who
have individually optioned to be "grandfathered"as provided by Article 12.2.
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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.
4.11 The EMPLOYER shall not deduct dues from the wages of employees covered by
this AGREEMENT for any other labor organization.
4.12 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 right 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.
• ARTICLE V - SCOPE OF THE AGREEMENT
5.1 This AGREEMENT establishes the "terms and conditions of employment"defined by M.S.
179A.03, Subdivision 19, 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 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 5:30 p.m.
8.2 The normal work week shall be five (5) consecutive normal work days Monday through
Friday.
8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER'S judgment
� to establish second and third shifts or a work week of other than Monday through Friday,
the UNION agrees to enter into negotiations immediately to establish the conditions of
such shifts and/or work weeks.
8.4 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.
8.5 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.
8.6 All employees are subject to call-back by the EMPLOYER as provided by Article 10
(CALL BACK).
• 8.7 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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ARTICLE IX - OVERTIME
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9.1 Time on the payroll in excess of the normal hours set forth above shall be "overtime
work"and shall be done only by order of the head of the department. An employee shall
be recompensed for work done in excess of the normal hours by being granted
compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half
basis for such overtime work. The basis on which such overtime shall be paid shall be
determined solely by the EMPLOYER.
9.2 The rate of one and one-half (1-1/2) the basic hourly rate shall be the overtime rate for
work performed under the following circumstances: �
9.21 Time worked in excess of eight (8) hours in any one normal work day, and
9.22 Time worked in excess of forty (40) hours in a normal work week.
9.3 For the purpose of calculating overtime compensation, overtime hours worked shall not be
"pyramided",compounded or paid twice for the same hours worked.
ARTICLE 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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• ARTICLE XI - WORK LOCATION
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 EMPLOYER.
11.2 Employes assigned to work locations during the normal work day other than their original
assignment, and who are r�quired to furnish their own transportation, shall be
compensated for mileage as set forth in Article 27 (MILEAGEj.
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ARTICLE XII - WAGES �
12.1 The basic hourly wage rates as established by Appendix C shali be paid for all hours
worked by an employee.
12.2 Employees who are covered by the fringe benefits listed below shall continue to be
covered by such benefits. They shall be subject to all other provisions of the
AGREEMENT, but �(j� have hourly fringe benefit contributions and/or deductions
made on their behalf as provided for by Article 13 (FRINGE BENEFITS). -
12.21 Insurance premium contributions as established by the EMPLOYER including
life, hospital, and health insurance premium contributions as established as of �
the date of the early retirement for early retirees who have retired since
November 1,1984 until such time as they reach sixty-five (65) years of age. In
order to be eligible for the insurance premium contributions under the early
retiree provision, the employee must:
12.21.1 Be receiving benefits from a public employee retirement act at the
time of retirement.
12.21.2 Have severed the employment relationship with the City of Saint
Paul and Independent School District No. 625 under one of the early
retiree plans. •
12.21.3 Inform the Personnel Office of Independent School District No. 625
and the City of Saint Paul in writing within 60 days of employee's
early retirement date that he or she wishes to be eligible for early
retiree insurance benefits.
12.22 Sick leave as established by the Civil Service Rules, Section 20.
12.23 Vacation as established by the Saint Paul Salary Plan and Rates of
Compensation, Section I, Subdivision H.
12.24 Ten (10) legal holidays as established by the Saint Paul Salary Plan and
Rates of Compensation, Section I, Subdivision I. ,
12.25 Severance benefits as established by the School District's Severance Pay
Plan with a maximum payment of$4,000. or as established by Section 12.26 of
this Article.
12.26 Severance Pay: Provisions effective November 1. 19B4. The Employer shall
provide a severance pay program as set forth in this Section:
12.26.1 To be eligible for the severance pay program, an employee must
meet the following requirements:
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• Article Xil - Wages (continued)
12.26.11 The employee must be 58 years of age or older or
must be eligible for pension under the"rule of 65"or the
"rule of 90" provisions of the Public Employees
Retirement Association (PERA). The "rule of 85" or
the "rule of 90" criteria shall also apply to employees
covered by a public pension plan other than PERA.
_ 12.26.12 The employee must be voluntarily separated from
School District employment or have been subject to
separation by layoff or compulsory retirement. Those
- employees who are discharged for cause, misconduct,
inefficiency, incompetency or any other disciplinary
reason are not eligible for this severance pay program,
12.26.13 The employee must have at least ten (10) years of
consecutive seroice under the classified or unclassified
Civil Service at the time of separation. For the
purpose of this Article, employment in either the City
of Saint Paul or in Independent School District No. 625
may be used in meeting this ten- (10) year service
requirement.
• 12.26.14 The employee must file a waiver of re-employment
with the Directors of Personnel, in the City of Saint
Paul and Independent School District No. 625 which will
clearly indicate that by requesting severance pay, the
employee waives all claims to reinstatement or re-
employment (of any type) with the City of Saint Paul
or with Independent School District No.625.
12.26.15 The employee must have accumulated a minimum of
sixty (60) days of sick leave credits at the time of his
� separation ftom service.
12.26.2 If an employee requests severance pay and if the employee meets
' the eligibility requirements set forth above, he or she will be
granted severance pay in an amount equal to one-half of the daily
rate of pay for the position held by the employee on the date of
separation for each day of accrued sick leave subject to a
maximum of 200 accrued sick leave days.
12.26.3 The maximum amount of money that any employee may obtain
through this severance pay program is$6,500.
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Article XII - Wages (coMinued) •
12.26.4 For the purpose of this severance pay program, a death of an
employee shall be considered as separation of employment and, if
the employee would have met aii of the requirements set forth
above at the time of his or her death, payment of the severance
pay may be made to the employee's estate or spouse.
12.26.5 For the purpose of this severance pay program, a transfer from
Independent School District No. 625 employment to City of Saint
Paul employment is not considered a separation of employment,
and such transferee shall not be eligible for this severance
program. .
12.26.6 The manner of payment of such severance pay shall be made in
accordance with the provisions of the School District Severance
Pay Plan already in existence.
12.26.7 This severance pay program shall be subject to and governed by
the provisions of the original School District Severance Pay Plan
(which allows ($4,000 maximum paymentj except in those cases
where the specific provisions of this section conflict with said
Severance Pay Plan and in such cases, the provisions of this
section shall control. •
12.26.8 Any employee hired prior to February 15, 1974 may, in any event,
and upon meeting the qualifications of this section or the original
School District Basic Severance Pay Plan (which allows $4,000
maximum payment), draw severance pay. However, an election
by the employee to draw severance pay under either this section
or the basic School District Severance Pay Plan shall constitute a
bar to receiving severance pay from the other.
12.26.9 An employee of Independent School District No. 625 shall not be
eligible for the severance pay provision of this section if such �
employee is also eligible and a recipient of Early Retirement
Incentive payment under the Memorandum of Agreement with the
exclusive represerrtative dated December 1, 1983. '
12.3 Regular employees not covered by the fringe benefits listed in Article 12.2 shall be
considered, for the purposes of this AGREEMENT, participating employees and shall be
compensated in accordance with Article 12.1 (WAGES) and have fringe benefit
contributions and/or deductions made on their behalf as provided for by Article 13
(FRtNGE BENEFITS).
12.4 Provisional and temporary employees shall be considered, for the purposes of this
AGREEMENT, participating employees and 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). �
�o
(.l�- q���Y
• Article Xil -Wages (continued)
12.5 All regular empioyees employed after February 15, 1974, shall be considered, for the
purpose of this AGREEMENT, participating employees and shall be compensated in
accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or
deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS}.
•
•
��
ARTICLE XIII - FRINGE BENEFITS �
13.1 The EMPLOYER shall make contributions on behalf of and/or make deductions ftom the
wages of participating employees as defined by Articles 12.3, 12.4, and 12.5 covered by
this AGREEMENT in accordance with Appendix D for all hours worked.
ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN
14.1 The selection of personnel for the class of position Foreman shall remain solely with the
EMPLOYER. �
14.2 The class of position 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.
•
�
12
Article XV - Holidays (continued) �
15.8 In the case of Board of Education employees, if Martin Luther King Day, Presidents'
Day, Columbus Day or Veterans' Day falls on a day when school is in session, the
employees shall work that day at straight time and another day shall be designated as
the holiday. This designated holiday shall be a day on which school is not in session and
shall be determined by agreement befinreen the employee and the supervisor.
•
•
�4
�- �o,�,�'
• 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
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 fatls 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, personne� are necessary for operating or
• emergency reasons, employees may be scheduled or "called back" in accordance with
Article 10 (CALL BACK).
15.5 Participating employees as defined in Articles 12.3, 12.4, and 12.5 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 Such participating employees assigned to work on New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be
compensated at the rate of two (2) times the basic hourly rate of such hours worked.
15.7 If an employee other than a participating employee entitled to a holiday is required to
work on Martin Luther King Day, Presidents' Day, Columbus Day or Veterans' Day, the
employee shall be granted another day off with pay in lieu thereof as soon thereafter as
� the convenience of the department permits or the emplayee shall be paid on a straight-
time basis for such hours worked, in addition to the regular holiday pay.
If an emptoyee other than a participating employee entitled to a holiday is required to
work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day or Christmas Day, the employee 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 regular holiday pay.
Eligibility for holiday pay shall be determined in accordance with Section I (one),
• Subsection I of the Saint Paul Salary Plan and Rates of Compensation.
13
��a�/��
• ARTICLE XVI - DISCIPLINARY PROCEDURES
161 The EMPLOYER shali 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:
16.21 Oral reprimand;
16.22 Written reprimand;
16.23 Suspension;
� 16.24 Demotion;
16.25 Discharge.
16.3 Employees who are suspended, demoted or discharged shall retain all rights under M.S.
179A.20, Subd. 4., and thereby shall have the right to request that such actions be
considered a "grievance" for the purpose of processing through the provisions of Article
22 (GRIEVANCE PROCEDURE). Once an employee, or the UNION acting in the
employee's behalf initiates review of an action, that matter shall not be reviewed in
another forum. Oral reprimands shall not be subject to the grievance review procedures.
ARTICLE XVII - ABSENCES FROM WORK
• 17.1 Emplo ees who are unable to re ort for their normal work da have the res onsibilit to
Y P Y p Y
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
(DISCIPLtNARY 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.
•
15
ARTICLE XVIII - SENlORITY •
18.1 Seniority, for the purposes of this AGREEMENT, shall be defined as follows:
18.11 "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.
18.12 "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 injury; 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 previously held which is covered by this AGREEMENT, •
provided employee has greater"Class 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.
•
ts
(�J �-�o-Gi�
• ARTICLE XIX - JURISDICTION
19.1 Disputes concerning work jurisdiction between and among unions is recognized as an
appropriate subject to determination by the various unions representing employees of the
EMPLpYER.
19.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction 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 192 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.
• ARTICLE XX - SEPARATION
20.1 Employees having a probationary or regular employment status shall be considered
separated from employment based on the following actions:
20.11 R i n i n. Employees resigning from employment shall give written notice
fourteen (14) calendar days prior to the effective date of the
resignation.
� 20.12 i h r . As provided in Article 16.
20.13 Failure to ReQOrt for Dutv. As provided in Article 17.
20.2 Employees having a temporary or provisional employment status may be terminated at
the discretion of the EMPLOYER before the completion of a normal work day.
ARTICLE XXI - TOOLS
21.1 All employees shall personally provide themselves with the tools of the trade as listed in
• Appendix B.
17
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 EMPLOYER 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 job duties and responsibilities of the
employees and shall therefore be accomplished during working hours only when consistent �
with such employee duties and responsibilities. The Steward involved and a grieving
employee shall suffer no loss in pay when a grievance is processed during working hours, .
provided the Steward and the employee have notified and received the approval of their
supervisor to be absent to process a grievance and that such absence would not be
detrimental to the work programs of the EMPLOYER.
22.3 The procedure established by this ARTICLE shall, except as previously noted in Article
16 (DISCIPLINARY PROCEDURES), be the sole and exclusive procedure for the
processing of grievances, which are defined as an alleged violation of the terms and
conditions of this AGREEMENT.
22.4 Grievances shall be resolved in conformance with the following procedure:
Ste,�1. 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 empfoyee's supervisor. If the matter is not resolved to the
employee's satisfaction by the informal discussion, it may be reduced to
writing and referred to Step 2 by the UNION. The written grievance
shall set forth the nature of the grievance, the facts on which it is
based, the alleged section(s) of the AGREEMENT violated, and the relief
requested. Any alleged violation of the AGREEMENT not reduced to
writing by the UNION within seven (7) calendar days of the first
occurrence of the event giving rise to the grievance or within the use of
reasonable diligence should have had knowledge of the first occurrence of �
the event giving rise to the grievance, shall be considered waived.
��. 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.
•
18
� ya -���
• Article XXII - Grievance Procedure (continued)
Ste�3. Within seven (7) calendar days following receipt of a grievance referred
from Step 2, a design�ted EMPLOYER supervisor shall meet with the
UNION Business Manager or his designated representative and attempt
to resolve the grievance. Within seven (7) calendar days following this
meeting, the EMPLOYER shall reply in writing to the UNION stating the
EMPLOYER"S answer concerning the grievance. If, as a result of the
written response, the grievance remains unresolved, the UNION may
refer the grievance to Step 4. Any grievance not referred in writing by
- the UNION to Step 4 within seven (� calendar days following receipt of
the EMPLOYER'S answer shall be considered waived.
� Steo 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 EMPLOYER and the UNION within
seven (7) calendar days after notice has been given. If the parties fail
to mutually agree upon an arbitrator within the said seven- (7) day
period, either party may request the Public Employment 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 �irst (1st) 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 af this AGREEMENT. The arbitrator shall consider and decide only
the specific issue submitted in writing by the EMPLOYER and the UNION and shall have
no authority to make a decision on any other issue not so submitted. The arbitrator shall
be without power to make decisions contrary to or inconsistent with or modifying or
varying in any way the application of laws, rules or regulations having the force and
effect of law. The arbitrator's decision shall be submitted in writing within thirty (30)
, days following close of the hearing or the submission of briefs by the parties, whichever
be later, unless the parties agree to an extension. The decision shall be based solely on
the arbitrator's interpretation or application of the express terms of this AGREEMENT
• and to the facts of the grievance presented. The decision of the arbitrator shall be final
and binding on the EMPLOYER,the UNION,and the employees.
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.
�s
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
be in all cases be made only to employers who qualify in accordance with Ordinance No. .
14013.
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.
�
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 authority 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
judicial determination. •
�
20
��a,���
• 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 understandings reached by the parties after the exercise of this
right are fully and completely set forth in this AGREEMENT.
26.2 Therefore, the EMPLOYER 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
� condition 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.
ARTICLE XXVII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625
• 27.1 Employees of the School.District under policy adopted by the Board of Education may be
reimbursed for the use of their automobiles for school business. To be eligible for such
reimbursement, employees must receive authorization from the District Mileage
Committee utilizing one of the following plans:
AN " " is reimbursed at the rate of 23¢ per mite. In addition, a maximum
amount which can be paid per month is established by an estimate furnished by
the employee and the employee's supervisor.
� Another consideration for establishing the maximum amount can be the
experience of another working in the same or similar position.
Under this plan, it is necessary for the employee to keep a record of each trip
made.
" " provides for reimbursement based on a per month "lump sum" amount.
This amount is determined by the employee's driving experience under Plan "A"
for a period of three (3) to six (6) months. Those employees receiving an auto
allowance under this plan must report monthly the number of days the car was
available during the month. A deduction must be made from the lump sum
amount for each day the employee is on vacation. A deduction need not be made
for an occasional day of illness or for holiday.
•
21
�"9�-���'
• 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 31 st day of May, 1992, and continue in effect from year to year thereafter unless
notice to change or to terminate is given in the manner provided in 282.
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 terminate 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 established by this
AGREEMENT and the recognition that the GRIEVANCE PROCEDURE herein
established is the means by which grievance concerning its application or interpretation
may be peacefully resolved, the parties hereby pledge that during the term of the
AGREEMENT:
28.31 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 from the full, faithful performance of their duties of employment.
• 28.32 The EMPLOYER will not engage in, instigate or condone any lockout of
employees.
28.33 This constitutes a tentative AGREEMENT between the parties which will be
recommended by the School Board Negotiator, but is subject to the approval of
the Board of E�ation and is also subject to ratification by the UNION.
AGREED to this �-! day of a , 1990 and attested to as the full
and complete understanding of the parties for the period i time herein specified by the signature
of the following representatives for the EMPLOYER and the UNION.
WITNESSES:
• INDEPENDENT SCHOOL DISTRICT N0. 625 TWIN CITY GLAZ�ERS, ARCHITECTURAL
METALS AND GLASS WORKERS
LOCAL 1324
� " �
� , -i
Negoti tions/Labor Relatio s anager siness Representative
�� � f� _ L G c a l l3��
Chairperson, Boar tion '
�
23
� �o _ ���'
• APPENDIX A
The classes of positions recognized by the EMPLOYER as being exclusively represented
by the UNION are as follows:
Glazier
Glaiier- Foreman
Apprentice
. and other ciasses of positions that may be established by the EMPLOYER where the duties and
responsibilities assigned come within the jurisdiction of the UNION.
•
•
A1
APPENDIX 6 •
All necessary hand tools.
•
•
B� �
�- ya����
• APPENDIX C
C-1. The basic hourly wage rate including the vacation contribution` and excluding all other
benefit costs and obligations in Appendix D, for provisional, regular and probationary
employees appointed to the following classes of positions and who are not covered by the
provisions of Article 122 shall be:
. Effective Effective Effective
6_03_89 6-02-90 S_O1_91
. Glazier $ 19.83' „ •••
Glazier- Foreman 20.7g• •• ••�
' This rate includes the taxable vacation contribution, Appendix D (2).
•
C-1 A. Wage rates in this Appendix(G1A)are for�mt�nsation analysis�moses onlv_. These
figures do VJQT include taxable contributions and therefore should�be used for
.
payroll ca�ulations. See Apendix G1 above for payroll informat�On.
Effective Effective Efiective
• �Qa3:$S �2:$Q S_O1_91
Glazier $ 16.23 •• •••
Glazier-Foreman 17.1 g •* ••*
•
C1
Appendix C (continued)
i
C-2. The basic hourly wage rate for temporary employees appointed to the following classes
of positions shalt be:
Effective Efiective Effective
6_03_89 6-02-90 6_O1_91
Glazier $ 18.41• •• "•
Glazier- Foreman 19.41' " "'
' This rate includes the taxable vacation contribution Appendix D (2).
" The June 2, 1990 basic hourly rate shall be determined based on the allocation of the
June 2, 1990 increase in Appendix D (5). The cost to the Employer of wages plus
' contributions shall not exceed $22.40 per hour worked for Glaziers and $23.40 per
hour worked for Glazier Foreman.
"' The June 1, 1991 basic hourly rate shall be determined based on the allocation of the
June 1, 1991 increase in Appendix D (6). The cost to the Employer of wages plus
contributions shall not exceed $23.05 per hour worked for Glaziers and $24.05 per
hour worked for Glazier Foreman.
�
C-3. The bas�c hourly wage rates for the Apprentice class of positions; ,
Apprentice
0 - 6 months 60% of Glazier rate
7 - 12 months 65% of Glazier rate
13 - 18 months 70% of Glazier rate
19 - 24 months 75% of Glazier rate
25 - 30 months 80% of Glazier rate
31 - 36 months 90% of Glazier rate
�
C2
�90�� ��
• Appendix C (continued)
C-4. The basic hourly wage rate for regular non-participating empioyees appointed to the
following class of pasitions who are receiving the Fringe Benefits listed in Article 122
shall be:
Effective Effective Effective
6_03_89 6-02-90 S.O1_91
Glazier $ 17.42' •••• •,•••
� Glazier- Foreman 18.25` "" •"•'
"" The June 2, 1990 hourly rates in this contract shall be the rates as those shown below less
the cost of sick leave usage for 1989; and less the cost of holidays, pension and vacation
for 1990; and less the cost of health and life insurance for the period May 1, 1989 through
April 30, 1990 incurred by the Employer for employees in this bargaining unit.
""' The June 1, 1991 hourly rates in this contract shall be the rates as those shown below less
the cost of sick leave usage for 1990; and less the cost of holidays, pension and vacation
for 1991; and less the cost of health and life insurance for the period May 1, 1990 through
April 30, 1991 incurred by the Employer for employees in this bargaining unit.
• Effective Effective
6-02-90 6_O1_91
Glazier $22.40 $23.05
Glazier-Foreman 23.40 24.05
.
A premium pay of sixty cents ($.60) per hour shall be paid for all swing stage work, such as any
• work performed from a boatswain's chair or a swing scaffold, twenty (20) feet or more above
the ground. All standard safety laws shall be comptied with.
If the Union elects to have the contributions and/or deductions listed in Appendix D increased or
decreased, the Employer may adjust the above applicable rates for participating employees in
such a way that the total cost of the package (wage rate plus contribution) remains constant.
•
C3
APPENDIX D .
Effective June 3, 1989 the EMPLOYER shaii:
(1) contribute $1.00 per hour for ail hours worked by participating employees
as defined in Articles 12.3, 12.4, and 12.5 covered by this AGREEMENT, to
a UNION-designated Health and Welfare Fund.
(2) deduct $3.75 per hour for all hours worked from the earnings of
participating employees as defined in Articles 12.3, 12.4, and 12.5 of this �
AGREEMENT, and forward to a Vacation Fund.
(3) contribute$ .09 per hour for all hours worked by participating employees as
defined in Articles 12.3, 12.4, and 12.5 covered by this AGREEMENT, to a
Journeyman and AR r n i hi Tr ining�n . Effective June 2. 1990 this
contribution shall be increased to� .24.
(4) in the case of temporary employees, deduct $1.50 per hour for all hours
worked in lieu of the$3.75 per hour deduction in Appendix D (2). Contribute
the remaining $2.25 per hour for all hours worked by participating
temporary employees covered by this AGREEMENT to a i n F�n .
(5) Effective June 2, 1990 there shall be an additional increase of $ .50 per
hour for all hours worked applied to wages and/or fringe benefits. The •
$.50 per hour increase is in addition to the June 2, 1990$.15 increase to the
Training Fund, Appendix D (3). The distribution of this$.50 per hour will be
determined by the UNION and submitted to the EMPLOYER in writing no
later than thirty (30) days prior to the effective date of the increase.
(6) Effective June 1, 1991 there shall be an increase of $ .65 per hour for all
hours worked applied to wages and/or fringe benefits. The distribution of
this $ .65 per hour will be determined by the UNION and submitted to the
EMPLOYER in writing no later than thirty (30) days prior to the effective
date of the increase. .
(7) Make legally established non-negotiated pension contributions to PERA @
4% of the hourly rate noted in Appendix C-1. This amount shall be '
increased to 4.48%eff_r.tivp.l�,np � �qqn
All contributions made in accordance with this Appendix shall be forwarded to
depositories as directed by the UNION.
The EMPLOYER shall establish Workers' Compensation and Unemployment
Compensation programs as required by Minnesota statutes.
�
D1
�" 90-���
� Appendix D (continued)
Participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this
AGREEMENT shall not be eligible for, governed by or accumulate vacation, sick leave, holiday,
funeral leave, jury duty or insurance fringe benefits that are or may be established by Personnel
Rules,Council Ordinance or Council Resolutions.
The EMPLOYER'S fringe benefit obligation to participating employees as defined in Articles 12.3,
12.4, and 12.5 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.
•
,
•
D2
��Qa-�i�
� ' INDEX
RTI IT TLE PAGE
Preambie.........................................................�........_....._.........................._.........................v
IPurpose...................................................................................................................................1
II ReoogniGon....................................................
........................._......._..........�.........._............1
. I I I Err�lq''er Ri9Ms....................................................................................�...........................1
IVUnion Rights.............._.......................................�.......�._..........._......................................3
VScq�e of the A�eement..............................................................................................3
VIProbationary Periods..................._................................................................................4
VII Philosophy of Employment and Compensation................................................4
VIIIHours of Work.....................................................................................................................5
IXOvertime................................................................................................................................6
XCaq Badc...................................._..._..........................._.......................................................6
XIWork Location......................�.............................................................................................8
XIIWages......................................................................................................................................9
XIIIFringe Benefits................................................................................................................13
XIV Selection of Foreman and General Foreman...................._....._._.................13
• XV Hobdays.................................................................................._...........................................14
XV I Dis�iplinary Prooedures.......................................................
.......................................16
XVIIAbserxesfr�om Work...................................................................................................16
XVI I I Seniori'ty.............................................................................................�...............................17
XIXJurisdiction..............................._.........................................�.........................._.................18
XXSeparation...................................................................._.........._.......�..............................18
XXITools......................._......................�.�.._.........._..............._...............................................18
XXI I Crie�r�r�oe Prooedure................_......................................_.........................................19
XXIII Right of Subcontract..................._._....................................................._.....�.............21
� XX I V Non�discrimina�on................_............................................_.
.........................................21
XXVSeMerab�lity......................................................................................................................21
' XXVI Waiver.......�....._.�.....__..............._�___.._._....�._._.............�..��.�.�___._................22
XXVII Mileage-Irxieper�dent School District No.525................................................22
XXVIII Duration and Pledge............._..._......_................�._................._..._..._....�.....�...._....23
Apper�'oc A...__._.__.__....__._�..............�....._......_.�_.�........_..........._.__.__._.__._...A 1
APPendixB............._...._.........._..............._......_............................................�.............B1
Apper�'oc C.................._..........._._.........._..._..._......................................._...___._..C 1-3
APPendixD...___.._�._..._._.�.�.___....�.�.........._..�....................___—___.....D 1
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PREAMBLE
This AGREEMENT is entered into between Independent School District No. 625,
hereinafter referred to as the EMPLOYER, and the Operative Plasterers and Cement Masons
International Association Local 20, hereinafter referred to as the UNION.
The EMPLOYER and the UNION concur that this AGREEMENT has as its objective the
promotion of the responsibility of the Independent School District No. 625 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 between people at all levels of
responsibility. Constructive attitudes of the EMPLOYER, the UNION, and the individual
employees will best serve the needs of the general public.
•
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� ARTICLE I - PURPOSE
1.1 The EMPLOYER and the UNION agree that the purpose for entering into this
AGREEMENT is to:
1.11 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;
. 1.12 Set forth rates of pay, hours of work, and other conditions of employment as
have been agreed upon by the EMPLOYER and the UNION;
. 1.13 Establish procedures to orderly and peacefully resolve disputes as to the
application or interpretation of this AGREEMENT without loss of 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).
� ARTICLE If - 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, and temporary employed in the classes of positions defined in
2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 90-
PCL-3134 dated January 26, 1990.
2.2 The classes of positions recognized as being exclusively represented by the UNION are
as listed in Appendix A.
' ARTICLE III - EMPLOYER RIGHTS
3.1 The EMPLOYER retains the right to operate and manage al� 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.
•
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Article III - Employer Rights (continued) �
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.
4.11 The EMPLOYER shall not deduct dues from the wages of employees covered by
this AGREEMENT for any other labor organization.
4.12 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 notifica�on 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.
� ARTICLE V - SCOPE OF THE AGREEMENT
5.1 This AGREEMENT establishes the "terms and conditions of employment"defined by M.S.
179A.30, Subdivision 19, for all employess 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 folbwing separation, in a regular employment
status shall seroe 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.
6.11 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).
6.12 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 seroe 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.
6.21 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).
6.22 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.
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 hou�ly fringe benefit rate as found in Article 12 (WAGES) and Article 13
(FRINGE BENEFITS).
7.3 No other compensafion or fringe benefit shall be accumulated or eamed by an employee
except as specifically provided for in this AGREEMENT; except those employees who
have individually optioned to be"grandfathered"as provided by Article 12.2.
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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 5:30 p.m.
8.2 The normal work week shall be five (5) consecutive normal work days Monday through
Friday.
8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER'S judgment
to establish second and third shifts or a work week of other than Monday through Friday,
the UNION agrees to enter into negotiations immediately to establish the condibons of
• such shifts and/or work weeks.
8.4 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.
8.5 All employees shall be at the location designated by their supervisor, ready for work, at
the established starting Gme and shall remain at an assigned work location until the end
of the established work day unless othen�rise directed by their supervisor.
8.6 All employees are subject to call-back by the EMPLOYER as provided by Article 10
(CALL BACK).
8.7 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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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 (1-1/2) the basic hourly rate shall be paid for work
performed under the following circumstances:
9.21 Time worked in excess of eight (8) hours in any one normal work day, and
9.22 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:
9.31 Time worked on a holiday as defined in Article 15 (HOLIDAYS);
9.32 Time worked on a seventh (7th) day following the normal work week; and
9.33 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 compensated at the rate of one and one-half(1-1/2).
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 at the option of the EMPLOYER.
ARTICLE 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 �cordance with Article
9 (OVERTIME),when applicable,and subject to the minimum established by 102 above.
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• Article X - Call Back (continued)
10.4 Employees called back four (4) hours or less prior to their normal work day shall
complete the normai work day and be compensated only for the overtime hours worked in
accordance with Article 9 (OVERTIME).
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ARTICLE XI - WORK LOCATION .
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 EMPLOYER.
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, as set forth in Article 27 (MILEAGE).
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. ARTICLE XII - WAGES
12.1 The basic hourly wage rates as estabtished by Appendix C shall be paid for all hours
worked by an employee.
12.2 Employees who are covered by the fringe benefits listed below shall continue to be
covered by such benefits. They shall be subject to all other provisions of the
AGREEMENT, but h�� r3ve hourly fringe benefit contributions and/or deductions
made on their behalf as provided for by Article 13 (FRINGE BENEFITS).
• 12.21 Insurance premium contributions as established by Independent School District
No. 625 including life, hospital, and health insurance premium contributions for
early retirees as of the time of the early retirement who have retired since
� June 1, 1978 until such time as they reach age sixt�r-five (65). In order to be
eligible for the health insurance premium contributions under the early retiree
provision,the employee must:
12.21.1 Be receiving benefits from a public employee retirement act at the
time of retirement.
12.21.2 Have severed the employment relationship with the City of Saint
Paul and Independent School District No. 625 under one of the early
retiree plans.
� 12.21.3 Inform the Personnel Office of the City of Saint Paul and the
Personnel Office of Independent School District No. 625 in writing
within 60 days of emptoyee's early retirement date that he or she
wishes to be eligible for early retiree insurance benefits.
12.22 Sick leave as established by the Civil Seroice Rules, Section 20.
12.23 Vacation as established by the Saint Paul Salary Plan and Rates of
Compensation, Section I, Subdivision H.
12.24 Ten (10) legal holidays as established by the Saint Paul Salary Plan and
� Rates of Compensation, Section I, Subdivision I.
12.25 Severance benefits as established by the School DistricYs Severance Pay
' Plan with a maximum payment of$4,000. or as established by Section 1226 of
this Article.
12.26 �everance Pay: Provisions effective Seotember 1. 1984. The Employer shall
provide a severance pay program as set forth in this Section:
12.26.1 To be eligible for the severance pay program, an employee must
meet the following requirements:
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Article XII - Wages (continued) .
12.26.11 The em�loyee must be 58 years of age or older or
must be eligible for pension under the "rule of 85" or
the "rule of 90" provisions of the Public Employees
Retirement Association (PERA). The "rule of 85" or
the "rule of 90"criteria shall also apply to employees
covered by a public pension plan other than PERA.
12.26.12 The employee must be voluntarily separated from
School District employment or have been subject to .
separation by layoff or compulsory retirement.
Those employees who are discharged for cause,
misconduct, inefficiency, incompetency or any other �
disciplinary reason are not eligible for this severance
pay program.
12.26.13 The employee must have at least ten (10) years of
consecutive service under the classified or
unclassified Civil Service at the time of separation.
For the purpose of this Article, employment in either
the City of Saint Paul or in Independent School
District No.625 may be used in meeting this ten-(10)
year seroice requirement. �
12.26.14 The employee must file a waiver of re-employment
with the Directors of Personnel, at the City of Saint
Paul and Independent School District No. 625 which
will clearly indicate that by requesting severance
pay, the employee waives all claims to
reinstatement or re-employment (of any type) with
the City of Saint Paul or with Independent School
District No.625.
12.26.15 The employee must have accumulated a minimum of .
sixty (60) days of sick leave credits at the time of
his separation ftom service.
12.26.2 If an employee requests severance pay and if the employee meets
the eligibility requirements set forth above, he or she will be
granted severance pay in an amount equal to one-half of the daily
rate of pay for the position held by the employee on the date of
separation for each day of accrued sick leave subject to a
maximum total payment of$6,500.
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. Article XII - Wages (continusd)
12.26.3 For the purpose of this severance pay program, a death of an
employee shall be considered as separation of employment and, if
the employee would have met all of the requirements set forth
above at the �me of his or her death, payment of the severance
pay may be made to the employee's estate or spouse.
12.26.4 For the purpose of this severance pay program, a transfer from
Independent School District No. 625 employment to City of Saint
Paul employment is not considered a separation of em�loyment,
' and such transferee shall not be eligible for this severance
program.
12.26.5 The manner of payment of such severance pay shall be made in
accordance with the provisions of the School District Severance
Pay Plan already in existence.
12.26.6 This severance pay program shall be subject to and governed by
the provisions of the original School District Severance Pay Plan
(which allows $4,000 maximum payment) except in those cases
where the specific provisions of this section conflict with said
Severance Pay Plan and in such cases, the provisions of this
� section shall control.
12.26.7 Any employee hired prior to February 15, 1974 may, in any event,
and upon meeting the qualifications of this section or the original
School District Basic Severance Pay Plan (which allows $4,000
maximum payment), draw severance pay. However, an election
by the employee to draw severance pay under either this section
or the basic School District Severance Pay Ptan shall constitute a
bar to receiving severance pay ftom the other.
12.26.8 An employee of Independent School District No. 625 shall not be
eligible for the severance pay provision of this section if such
� employee is also eligible and a recipient of Early Retirement
Incentive payment under the Memorandum of Agreement with the
. exclusive representative dated December 1, 1983.
12.3 Regular employees not covered by the ftinge benefits listed in Article 122 shall be
considered, for the purposes of this AGREEMENT, participating employees and shall be
compensated in accordance with Article 12.1 (WAGES) and have fringe benefit
contributions and/or deductions made on their behalf as provided for by Article 13
(FRINGE BENEFITS).
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Article XII - Wages (continued)
•
12.4 Provisional and temporary employees shall be considered, for the purposes of this
AGREEMENT, participating employees and shall be compensated in acxordance 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).
12.5 All regular employees employed after February 15, 1974, shall be considered, for the
purposes of this AGREEMENT, participating employees and 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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• ARTICLE XIII - FRINGE BENEFITS
13.1 The EMPLOYER shall make contributions on behalf of and/or make deductions from the
wages,of participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by
this AGREEMENT in accordance with Appendix D for alt hours worked.
ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN
14.1 The selection of personnel for the class of position of Foreman shall remain solely with
� the EMPLOYER.
.
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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
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, December25.
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 (10j 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 Participating employees as defined in Articles 12.3, 12.4, and 12.5 assigned to work on
Martin Luther King Day, Presidents' Day, Columbus Day or Veterans' Day shall be
compensated on a sVaight-time basis for such hours worked.
15.6 Such participating employees assigned to work on New Year's Day, Memorial Day,
Independence Day, Labor 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 If an employee other than a participating employee entitled to a holiday is required to .
work on Martin Luther King Day, Presidents' Day, Columbus Day or Veterans' Day, the
employee shall be granted another day off with pay in lieu thereof as soon thereafter as
the convenience of the department permits, or the employee shall be paid on a straight- •
time basis for such hours worked, in addition to regular holiday pay.
If an employee other than a participating employee entitled to a holiday is required to
work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day or Christmas Day, the employee 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 regular holiday pay.
Eligibility for holiday pay shall be determined in accordance with Section I.Subsection I of
the Saint Paul Salary Plan and Rates of Compensation. •
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ARTICLE XV - HOLIDAYS (continued)
•
15.8 In the case of Board of Education employees, if Martin Luther King Day, Presidents'
Day, Columbus Day or Veterans' Day falls on a day when school is in session, the
employee shall work that day at straight �me and another day shall be designated as
the holiday. This designated holiday shall be a day on which school is not in session and
shall be determined by agreement between the employee and the supervisor.
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ARTICLE XVI - DISCIPLINARY PROCEDURES •
16.1 The EMPLOYER shall have the right to imp�se disciplinary actions on employees for just
cause.
16.2 Disciplinary actions by the EMPLOYER shall include only the following actions:
16.21 Oral reprimand;
16.22 Written reprimand;
16.23 Suspension;
16.24 Demotion; ;
16.25 Discharge.
16.3 Employees who are suspended, demoted or discharged shall retain all rights under M.S.
179A.20, Subd. 4, and thereby shall have the right to request that such actions be
considered a "grievance" for the purpose of processing through the provisions of Article
22 (GRIEVANCE PROCEDURE). Once an employee or the UNION acting in the
employee's behalf initiates review of an action, that matter shall not again be reviewed
in another forum. Oral reprimands shall not be subject to the grievance review
procedures.
ARTICLE XVII - ABSENCES FROM WORK �
17.1 Employees who are unable to report for their n�rmal 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 emptoyee. .
•
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ARTICLE XV`III • SENIORITY
�
18.1 Seniority, for the purposes of this AGREEMENT, shall be de�ned as follows:
18.11 "Master Seniority" • The length of continuous regular and probationary seroice
with the EMPLOYER from the last date of employment in any and all class
tiUes covered by this AGREEMENT.
18.12 "Class Seniority" - The length of continuous regular and probationary service
with the EMPLOYER from the date an employee was �irst 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 injury; 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 "Cfass Senioriry". Employees laid off shall have the right to reinstatement in
any lower-paid class title previously held, provided emptoyee 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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ARTICLE XIX - JURISDICTION �
19.1 Disputes concerning work jurisdiction between and among unions is recognized as an
appropriate subject for determination by the various unions representing employees of the
EMPLOYER.
19.2 The EMPLOYER agrees to be guided in the essignment of work jurisdiction by any
mutual agreements befinreen the unions irnolved.
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.
ARTICLE XX • SEPARATION •
20.1 Employees having a probationary or regular employment status shall be considered
separated from employment based on the following acbons:
20.11 $�,j,qp��,p. Employees resigning from employment shall give written notice
fourteen (14) calendar days prior to the effective date of the
resignation.
20.12 ��,�qg. As provided in Article 16.
20.13 Failure to Re�ort fo� As provid�d in Article 17.
20.2 Employees having an temporary or provisional employment status may be terminated at
the discretion of the EMPLOYER before the completion of a normat work day.
ARTICLE XXI - TOOLS
21.1 All employees shall personally provide themselves with the tools of the trade as listed in
Appendix B. �
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� ARTICLE XXII - GRIEVANCE PROCEDURE
22.1 The EMPLOYER shall rec�gnize Stewards s3lected in accordance with UNION rules and
regulations as the grievance representative of the bargaining unit. The UNION shall
notify the EMPLOYER in writing of the names of the Stewards and of their successors
when so named.
22.2 It is recognized and accepted by the EMPLOYER and the UNION that the prxessing of
grievances as hereinafter provided is limited by the job duties and responsibilibes of the
employees and shall therefore be accomplished during working hours only when consistent
� with such employee duties and responsibilities. The Steward involved and a grieving
employee shall suffer no loss in pay when a grievance is processed during working hours,
. provided the Steward and the employee have notified and received the approval of their
supervi$or to be absent to process a grievance and that such absence would not be
detrimental to the work programs of the EMPLOYER.
22.3 The procedure established by this ARTICLE shall, except as previously noted in Article
16 (DISCIPLINARY PROCEDURESj, be the sole and exclusive procedure for the
processing of grievances, which are defined as an alleged violation of the terms and
conditions of this AGREEMENT.
22.4 Grievances shall be resolved in conformance with the following procedure:
• �1. 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 the UNION. The written grievance shall
set forth the nature of the grievance, the facts on which it is based, the
alleged section(s) of the AGREEMENT violated, and the relief requested.
Any alleged violation of the AGREEMENT not reduced to writing by the
UNION within seven (7) calendar days of the first occurrence of the event
giving rise to the grievance or within the use of reasonable diligence should
have had knowledge of the first xcurrence of the event giving rise to the
• grievance,shall be considered waived.
��. With seven (7) calendar days after receiving the written grievance, a
� designated Employer Superoisor 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 (� calendar days
following receipt of the EMPLOYER'S written answer. Any grievance not
referred in writing by the UNION within seven (� calendar days following
receipt of the EMPLOYER'S answer shall be considered waived.
�
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Article XXII - Grievance Procedure (continued) �
Steo 3. Within seven (� calendar days following receipt of a grievance referred ftom
Step 2, a designated EMPLOYER supervisor shall meet with the UNION
Business Manager or his designated representative and attempt to resolve
the grievance. Within seven (7) calendar days following this meeting, the
EMPLOYER shall reply in writing to the UNION stating the EMPLOYER'S
answer concerning the grievance. If, as a result of the written response, the
grievance remains unresolved, the UNION may refer the grievance to Step
4. Any grievance not referred in writing by the UNION to Step 4 within _
seven (7) calendar days following receipt of the EMPLOYER'S answer shall
be considered waived.
Ste�. 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 arbi�ator to be selected by
mutual agreement of the EMPLOYER and the UNION within seven (7)
calendar days after notice has been given. If the parties fail to mutually
agree upon an arbitrator within the said seven- (� 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 (1 st) 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 the force and
effect of law. The arbitrator's decision shall be submitted in writing within thirty (30)
days following close of the hearing or the submission of briefs by the parties, whichever
be later, unless the parties agree to an extension. The decision shall be based solely on '
the arbitrator's interpretation or application of the express terms of this AGREEMENT
and to the facts of the grievance presented. The decision of the arbitrator shall be final .
and binding on the EMPLOYER,the UNION,and the employees.
22.6 The fees and expenses for the arbitrator's services and prxeedings 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 cancels an
arbitration hearing or asks for a last-minute postponement that teads to the arbitrator's
making a charge, the canceling party or the party asking for the poslponement shall pay
this charge. 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.
20
�� �a- ���
ARTICLE XX111 - 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 nofice of the intention
to subcontract.
23.2 The subcontracting of work dor;e by the employees covered by this AGREEMENT shall
in all cases be made only to employers who qualify in accordance with Ordinance No.
14013.
� ARTICLE XXIV - NON-DISCRIMINATION
24.1 The terms and conditions of this AGREEMENT witl 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.
•
ARTICLE XXV - SEVERABILITY
25.1 In the ev�nt that any provision(s) of this AGREEMENT is declared to be contrary to law
by proper legislative, administrative or judicial authority 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
judicial determination.
�
21
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 understandings reached by the parties after the exercise of this
right are fully and completely set forth in this AGREEMENT.
26.2 Therefore, the EMPLOYER 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
condition 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.
ARTICLE XXVII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625
27.1 Employees of the School District under policy adopted by the Board of Education may be ,
reimbursed for the use of their automobiles for school business. To be eligible for such
reimbursement, employees must receive authorization from the District Mileage
Committee utilizing the following plan:
" " effective with the adoption of this Agreement, is reimbursed at the
rate of 23¢ per mile. In addition, a maximum amount which can be paid per
month is established by an estimate furnished by the employee and the
employee's supervisor.
Another consideration for establishing the maximum amount can be the
experience of another working in the same or similar position. �
Under this plan, it is necessary for the employee to keep a record of each trip .
made
M M p�ovides for reimbursement based on a per month "lump sum"amount.
This amount is determined by the employee's driving experience under Plan "A"
for a period of three (3) to six (6) months. Those employees receiving an auto
allowance under this plan must report monthly the number of days the car was
available during the month. A deduction must be made ftom the lump sum
amount for each day the employee is on vacation. A deduction need not be made
for an occasional day of illness or for a holiday.
•
22
���� ���
ARTICLE XXVIII - DURATION AND PLEDGE
.
28.1 This AGREEMENT shail becom� effective as of the date of signing, except as
specifically provided otherwise in Articles 12 and 13,and shall remain in effect though the
31st day of May, 1992, 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 part�r desires to terminate or modify this AGREEMENT effective as of the date
of expiration, the party wishing to modify or terminate 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 established by this
AGREEMENT and the recognition that the GRIEVANCE PROCEDURE herein
established is the means by which grievances concerning its application or interpretation
may be peacefully resolved, the parties hereby pledge that during the term of the
AGREEMENT:
28.31 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 from the full, faithful performance of their duties of employment.
• 28.32 The EMPLOYER will not engage in, instigate or condone any lockout of
employees.
28.33 This constitutes a tentative AGREEMENT between parties which will be
recommended by the School Board Negotiator, but is subject to the approval of
the Board of Education and is also subject to ratification by the UNION.
AGREED to this a=day of , 1990 and attested to as the full
and complete understanding of the parties for the peri time herein specified by the signature
of the following representatives for the EMPLOYER and the UNION.
WITNESSES:
INDEPENDENT SCHOOL DISTRICT N0. 625 OPERATIVE PLASTERERS AND CEMENT
MASONS INTERNATIONAL
ASSOCIATION LOCAL 20
�
Negoti tions/Labor Relatio Manager Business prese �
0
� Chair, oard of E
23
�qa�(�i�
• APPENDIX A
The classes of positions recognized by the EMPLOYER as being exclusively represented
by the UNION are as follows:
Plasterer
and other classes of positions that may be established by the EMPLOYER where the dubes and
responsibilities assigned come within the jurisdiction of the UNION.
•
•
A1
APPENDIX B �
All necessary hand tools.
•
�
Bt
�- yo-G�r�
• APPENDIX C
C-1. The basic hourly wage rate, including the v3cation contribution' and excluding all other
benefit costs and obligations in Appendix D, for provisional, regular, and probationary
employees appointed to the following classes of positions and who are not covered by the
provisions of Article 122 shall be:
Effective Effective Eftective
S_03.89 6-02-90 S_O1_91
Plasterer $ 16.70' •• •••
' This rate includes the taxable vacation contribution, Appendix D (1).
This rate also reflects all other deductions for Union benefits and for legal obligations.
This rate shall be the temporary rate minus 4.0% effective June 3, 1989.
Fffective June 2. 1990 the rate shall be the temoorary rate minus 4 48%.
•
C1-A. Wage rates in this Appendix(C-1A)are for compensation analysis purposes only. These
figures do I�T include taxable contributions and theretore should 1�be used for
` payroll calculations. See Appendix G1 above for payroll infortnation.
. Effective Effective Eflective
6_03.g9 s-o2-so s_o�_s�
Plasterer $ 15.26 •• ••
•
Ct
Appendix C (continued) •
C-2. The basic hourly wage rate for temporary employees appointed to the following classes
of positions shall be:
Effective Effective EffeCtive
6_03_g9 6-02-90 6_01_91
Plasterer $ 17.40' " "'
• This rate includes the taxable vacation contribution, Appendix D (1). •
" The June 2, 1990 basic hourly rate shall be determined based on the allocation of the ,
June 2, 1990 increase in Appendix D (6). The cost to the Employer of wages plus
contributions shall not exceed$22.72 per hour worked for Plasterers.
*" The June 1, 1991 basic hourly rate shall be determined based on the allocation of the
June 1, 1991 increase in Appendix D (6). The cost to the Employer of wages plus
contributions shall not exceed $23.37 per hour worked for Plasterers.
•
C-3. The basic hourly wage rates for the Apprentice class of positions:
This section is held open for the addition of appropriate Apprentice rates in the event the
Employer initiates the employment of Apprenfices. �
�
C2
� �l�"�/�
� Appendix C (continued)
C-4. The basic hourly wage rate for regular non-participating employees appointed to the
following classes of positions who are receiving the ftinge benefits listed in Article 12.2
shall be:
Effective Effective Effective
6_03_g9 6-2-90 s_o�_so
Plasterer $ 18.37 •••• •••••
• .:..
The June 2, 1990 hourly rates in this contract shall be the rates as those shown
• below less the cost of sick leave usage for 1989; and less the cost of holidays,
pension, and vacation for 1990; and less the cost of health and life insurance for
the period May 1989 through April 1990 incurred by the Employer for employees in
this bargaining unit.
""" The June 1, 1991 hourly rates in this contract shall be the rates as those shown
below less the cost of sick leave usage for 1990; and less the cost of holidays,
pension, and vacation for 1991; and less the cost of health and life insurance for
the period May 1990 through April 1991 incurred by the Employer for employees in
this bargaining unit.
• Effective Effective
�-02-90 s_o�_s�
Plasterer $ 22.72 $ 23.37
If the Union elects to have contributions and/or deductions listed in Appendix D increased or
decreased, the EMPLOYER may adjust the wage rates for participating employees in Appendix
C in such a way that the total cost of the package (wage rate plus contributions) remains
constant.
�
C3
APPENDIX D �
Effective June 3,1989 the EMPLOYER shali.
(1) con�ibute$1.50 per hour from which payroii deductions have been made
for all hours worked by participating employees as defined in Articles
12.3, 12.4, and 12.5 of this AGREEMENT, for a Union-designated
l/acation Fund.
(2) contribute $2.25 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 •
Health and Welfare Fund.
(3) contribute $2.45 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
Pension Fund.
(4) contribute $.02 per hour for all hours worked by participating employees
as defined in Articles 12.3, 12.4, and 12.5 of this AGREEMENT to the
Journeyman and AQ r i '�pj�p�yp�.
(5) make legally established non-negotiated pension contributions to PERA @
4% of the hourly rate noted in Appendix C-1. This amount shall be
i�reased to 4.46% effective J�ne 2. 1990. .
(6) effective June 2, 1990 there shall be an increase of$.60 per hour for all
hours worked applied to wages and/or fringe benefits. The distribution of
this $.60 per hour wilt be determined by the Union and submitted to the
Employer in writing no later than thirty (30) days prior to the effective
date of the increase.
(7) effective June 1, 1991 there shall be an increase of $.65 per hour for all
hours worked applied to wages and/or fringe bene�its. The distribution of
this $.65 per hour will be determined by the Union and submitted to the
Employer in writing no later than thirty (30) days prior to the effective .
date of the increase.
All contributions and deductions made in accordance with this Appendix shalt be �
forwarded to depositories as directed by the UNION.
The EMFLOYER shall establish Workers' Compensation and Unemployment
Compensation programs as required by Minnesota statutes.
The EMPLOYER'S fringe benefit obligation to participating employees as defined in
Articles 12.3, 12.4, and 12.5 is limited to the con�ibutions and/or deductions established by this
AGREEMENT. The actual level of benefits provided the employees shall be the responsibility of
the Trustees of the various funds to which the EMPLOYER has forwarded contributions and/or
deductions. •
D1
� p,�yU,���
•
INDEX
ARTICLE T�Tj�� PAGE
Prearr�le............................................................................................................_...................v
IP�xpose.............................._...................................................................................................1
' II Reoo�on............................................................................................................................1
II I Err�ployer Rights.................................................................................................................1
.
IV Union Rights.........................................................................................................................3
� V Scope of Agreement.......................................................................................................3
VIProbationary Periods.....................................................................................................4
VII Philosophy of Employment and Compensation................................................4
VIIIHours of Work.....................................................................................................................5
IXOvertime...................................................................................................................
.............6
XCa�Badc..............................................................................................................................6
XIWork Location.....................................................................................................................7
XIIWages......................................................................................................................................8
XIIIFringe Benefits...................................................................................................................8
� XIV Selection of Foreman and General Foreman.....................................................8
XVHofidays..................................................................................................................................9
XV I Disc�plirrary Prooedures..............................................................................................10
XVIIAbserx;esfi'om Work...................................................................................................10
XV)(I Seniorily..............................................................................................................................11
XIXJurisdiction..............................................................................
...........................................12
XXSeparation................................................................�.......................................................12
XXITools.....................................................................................................................................12
XXII Grievance Prooedure.................................
• ..................................................................13
� XXIII Right of Subcontract...................................................................................................15
XXIV �bn-d�saimir�on...................................... ....15
................................................................
' XXV Sev�erability.......................................................................................................................15
XXVIWaiver..........._._....._...........................................................................................................16
XXV I I Mileage-Independerrt ScF�ool Disttrict No.625................................................16
XXVIII Duration and Pledge...........................................................
..........................................19
�................................................................................_.........................................A 1
ApPend�a.....................................................................................................�...........�........B 1
Appendix.........................�............._...................................._._�_...................._...._C1-C2
ApPe+�c............._..__..��._................._........._.........................................__.......��_.._..D1
�
ui
� y� _� ��
•
PflE9�flLE
This AGREEMENT is entered into between Independent School District No. 625,
hereinafter referred to as the EMPLOYER, and Operative Plasterers' and Cement Masons'
International Association of the United States and Canada, Lxal 560, hereinafter referred to as
, the UNION.
The EMPLOYER and the UNION concur that this AGREEMENT has as its objective the
. promotion of tMe responsibilities of the Independent School District No. 625 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 between people at all levels of
responsibility. Constructive attitudes of the EMPLOYER, the UNION, and the individual
employees will best serve the needs of the general public.
•
•
v
� �� _ ���'
• ARTICLE I - PURPOSE
1.1 The EMPLOYER and the UNION agree that the purpose for entering into this
AGREEMENT is to:
1.11 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;
�- 1.12 Set forth rates, hours of work, and other conditions of employment as have been
agreed upon by the EMPLOYER and the UNION;
� 1.13 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 to conflict with such legislation, the latter shall prevail. The parties, on written notice,
agree to negotiate that part in conftict so that it conforms to the statute as provided by
Article 25 (SEVERABILITY).
• 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, and temporary employed in the classes of positions defined in
2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 90-
PCL-3162 dated February 15, 1990.
.� 2.2 The classes of positions recogniied as being exclusively represented by the UNION are
as listed in Appendix A.
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 funcfion not specifically limited by this AGREEMENT.
�
1
Article iil - Employer Rights (confinued) •
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."
�
�
2
��'���
�
• ARTICLE IV - UNION RIGHTS
4.1 The EMPLOYER shall deduct from the w3ges of employees who authorize such a
deduction in writing an amount necessary to cover monthly UNION dues. Such monies
deducted shali be remitted as directed by the UNION.
4.11 The EMPLOYER shall not deduct dues from the wages of empioyees covered by
this AGREEMENT for any other labor organization.
. 4.12 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 right 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.
� ARTICLE V - SCOPE OF THE AGREEMENT
5.1 This AGREEMENT establishes the "terms and conditions of employment"defined by M.S.
179A.03, Subdivision 19, 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.
�
. 3
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 abiliry to perform the class of positions' duties and responsibilities shall be
evaluated.
6.11 At any time the probationary period an employee may be terminated at the
discretion of the EMPLOYER without appeal to the provisions of Article 22 �
(GRIEVANCE PROCEDURE).
6.12 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.
6.21 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). �
6.22 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
l�VION.
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.
�
4
o-��r�
r�y
� 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 5:30 p.m.
8.2 The normal work week shall be five (5) consecutive normal work days Monday through
Friday.
8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER'S judgment
' to establish second and third shifts or a work week of other than Monday through Friday,
the UNION agrees to enter into negotiations immediately to establish the conditions of
such shifts and/or work weeks.
8.4 This secbon shall not be construed as, and is not a guarantee of, any hours of work per
normal work day or per normal work week.
8.5 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.
8.6 All employees are subject to call-back by the EMPLOYER as provided by Article 10
(CALL BACK).
� 8.7 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.
�
5 '
ARTICLE IX - OVERTIME �
9.1 All overtime compensated for by the EMPL4YER 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 (1-1/2) the basic hourly rate shall be paid for work
performed under the following circumstances: ,
9.21 Time worked in excess of eight (8) hours in any one normal work day, and
9.22 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:
9.31 Time worked on a holiday as defined in Article 15.6 (HOLIDAYS).
9.32 Time worked on a seventh (7th) day following a normal work week.
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 wages or in
compensatory time as determined by the EMPLOYER.
ARTICLE 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 102 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).
•
6
���° '���
• ARTICLE XI - WORK LOCATION
11.1 Employees shall report to work location�as assigned by a designated Employer
Supervisor. During the normal work day, empioyees may be assigned to other work
locations at the discretion of the EMPLOYER.
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 as set forth in Article 27 (MILEAGEj.
•
�
7
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 Regular employees shall be considered, for the purposes of this AGREEMENT,
participating employees and shall be compensated in accordance with Article 12.1
(WAGES) and have fringe benefit contributions and/or deductions made on their behalf
for by Article 13 (FRINGE BENEFITS).
12.3 Provisional and temporary employees shall be considered, for the purposes of this � �
AGREEMENT, participating employees and 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). �
ARTICLE XIII - FRINGE BENEFITS
13.1 The EMPLOYER shall make contributions on behalf of and/or make deductions from the
wages of participating employees covered by this AGREEMENT in accordance with
Appendix D for all hours worked.
�
ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN
14.1 The selection of personnel for the class of position Foreman shall remain solely with the
EMPLOYER.
14.2 The class of position 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 superoisor.
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.
�
8
�r-9�,���
� ARTICLE XV - HOLIDAYS
15.1 The following ten (10) days shali be designated as unpaid holidays:
New Year's Day, January 1
Martin Luther King Day, Third Monday in January
Presidents' Day, Third Monday in February
Memorial Day, Last Monday in May
Independence Day, 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 Participating employees as defined in Articles 12.2 and 12.3 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 Such participating employees assigned to work on New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be
compensated at the rate of iwo (2) times the basic hourly rate for such hours worked.
� 15.7 In the case of Board of Education employees entitled to a holiday, if Martin Luther King
Day, Presidents' Day, Columbus Day or Veterans' Day falls on a day when school is in
� session, the employees shall work that day at straight time and another day shall be
designated as the holiday. This designated holiday shall be a day on which school is not
in session and shall be determined by agreement beiween the employee and supervisor.
.
9
ARTICLE XVI - DISCIPLINARY PROCEDURES �
16.1 The EMPLOYER shall have the right to impase disciplinary actions on employees for just
catue.
16.2 Disciplinary actions by the EMPLOYER shall include only the following actions:
16.21 Oral reprimand;
16.22 Written reprimand;
16.23 Suspension; _ •
16.24 Demotion;
16.25 Discharge.
� 16.3 Employees who are suspended, demoted or discharged shall retain all rights under M.S.
179A.20, Subd. 4, and thereby shall have the right to request that such actions be
considered a "grievance" for the purpose of processing through the provisions of Article
22 (GRIEVANCE PROCEDURE). Once an employee or the Union acting in the
employee's behalf initiates review of an action, that matter shall not be reviewed in
another forum. Oral reprimands shall not be subject to the grievance review procedures.
ARTICLE XVII - ABSENCES FROM WORK
_ �
17.1 Employees who are unable to report for their normal work day have the responsibility to
no�fy 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. �
�
�o
�,��o,���
� ARTICLE XVIII - SENIORITY
18.1 Seniority, for the purposes of this AGREEMENT, shall be defined as follows:
18.11 "Master Seniority" - The length of continuous regular and probationary service
with the EMPLOYER ftom the last date of employment in any and all class titles
covered by this AGREEMENT.
18.12 "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 injury; 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 shalf 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.
•
tt ,
ARTICLE XIX - JURISDtCTION �
19.1 Disputes concerning work jurisdiction betw�en and among unions is recognized as an
appropriate subject to determinabon by the various unions representing employees of the
EMPLOYER.
19.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction by any
mutual agreements befin+een 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 res�ict the right of the EMPLOYER to accomplish
the work as ociginally 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
ARTICLE XX - SEPARATION �
20.1 Employees having a probationary or regular employment status shall be considered
separated from employment based on the following actions:
20.11 ' n ' n. Employees resigning from employment shall give written notice
fourteen (14) calendar days prior to the effective date of the
resignation.
20.12 � As provided in Article 16. �-
20.13 Failure to Re�ort for Dutv. As provided in Article 17. -
20.2 Employees having a temporary or provisional employment status may be terminated at
the discretion of the EMPLOYER before the completion of a normal work day.
ARTICLE XXI - TOOLS
21.1 All employees shall personally provide themselves with the tools of the trade as listed in
Appendix B.
•
t2
. ���lo���
• 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 EMPLOYER in wribng 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 job duties and responsibilities of the
- employees and shall therefore be accomplished during working hours only when consistent
with such employee duties and responsibilities. The Steward involved and a grieving
- employee shall suffer no loss in pay when a grievance is processed during working hours,
provided the Steward and the employee have notified and received the approval of their
supervisor to be absent to process a grievance and that such absence would not be
detrimental to the work programs of the EMPLOYER.
22.3 The procedure established by this ARTICLE shall, except as previously noted in Article
16 (DISCIPLINARY PROCEDURES), be the sole and exclusive procedure for the
processing of grievances, which are defined as an alleged violation of the terms and
conditions of this AGREEMENT.
22.4 Grievances shall be resolved in conformance with the following procedure:
� St�p 1• 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 the UNION. The written grievance shalt
set forth the nature of the grievance, the facts on which it is based, the
alleged section(s) of the AGREEMENT violated, and the relief requested.
Any alleged violation of the AGREEMENT not reduced to writing by the
UNION within seven (7) calendar days of the first occurrence of the event
, giving rise to the grievance or within the use of reasonable diligence should
• have had knowledge of the first occurrence of the event giving rise to the
grievance,shall be considered waived.
,�tgR�. 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 (� qlendar 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.
�
13
Article XXiI - Grievance Prxedure (continued •
Sten 3. Within seven (� calendar days following receipt of a grievance referred from
Step 2, a designated EMPLOYER supervisor shall meet with the UNION
Business Manager or his designated representative and attempt to resolve
the grievance. Within seven (7) calendar days following this meeting, the
EMPLOYER shall reply in writing to the UNION stating the EMPLOYER'S
answer concerning the grievance. If, as a result of the written response, the
grievance remains unresolved, the UNION may refer the grievance to Step
4. Any grievance not referred in writing by the UNION to Step 4 within
seven (� calendar days following receipt of the EMPLOYER'S answer shall � '
be considered waived.
Ste 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 arbi�ator to be selected by
mutual agreement of the EMPLOYER and the UNION within seven (7)
calendar days after notice has been given. If the parties fail to mutually
agree upon an arbitrator within the said seven- (7� day period, either party
may request the Public Employment 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 (1st) 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 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 b�iefs by the parties, whichever
be later, unless the parties agree to an extension. The decision shall be based solely on ` .
the arbitrator's interpretation or application of the express terms of this AGREEMENT
and to the facts of the grievance presented. The decision of the arbitrator shall be final .
and binding on the EMPLOYER,the UNION,and the employees.
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 prxeedings, 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.
i
14
�-yo -���
• 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 empioyees 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.
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.
�
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 authority from whose finding,
determination or decree no appeal is taken, such provision(s) shall be voided. All other
provisions shall con�nue 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
judicial determination.
�
15
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 understandings reached by the parties after the exercise of this
right are futly and completely set forth in this AGREEMENT.
26.2 Therefore, the EMPLOYER 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 •
condition 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 c�nditions of employment, to the extent they are
inconsistent with this AGREEMENT, are hereby superseded.
ARTICLE XXVII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625
27.1 Employees of the School District under policy adopted by the Board of Education may be •
reimbursed for the use of their automobiles for school business. To be eligible for such
reimbursement, employees must receive authorization from the District Mileage
Committee utilizing one of the following plans.
" " is reimbursed at the rate of 23a per mile. In addition, a maximum
amount which can be paid per month is established by an estimate furnished by
the employee and the employee's supervisor.
Another consideration for establishing the maximum amount can be the
experisnce of another working in the same or similar position. •
Under this plan, it is necessary for the employee to keep a record of each trip
made. .
" "provides for reimbursement based on a per month "lump sum"amount.
This amount is determined by the employee's driving experience under Plan "A"
for a period of three (3) to six (6) months. Those employees receiving an auto
allowance under this plan must report monthly the number of days the car was
available during the month. A deduction must be made from the lump sum
amount for each day the employee is on vacation. A deduction need not be made
for an occasional day of illness or for holiday.
i
,6
�"9�����
• ARTICLE XXVIiI - DURATION OF PLEDGE
28.1 This AGREEMENT shail become effective as of the date of signing, except as
specifically provided in Articles 12 and 13, and shall remain in effect through the 30th
day of April, 1992 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 terminate 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 established by this
AGREEMENT and the recognition that the GRIEVANCE PROCEDURE herein
established is the means by which grievances concerning its application or interpretation
may be peacefully resolved, the parties hereby pledge that during the term of the
AGREEMENT:
28.31 The UNION and the employees wifl not engage in, instigate or condone any
concerted action in which employees fail to report for duty, willfully absent
themselves from w�rk, stop work, slow down their work or absent themselves in
whole or part from the full, faithful performance of their duties of employment.
. 28.32 The EMPLOYER will not engage in, instigate or condone any lockout of
employees.
28.33 This constitutes a tentative AGREEMENT between the parties which will be
recommended by the School Board Negotiator, but is subject to the approval of
the Board of Education and is also subject to ratification by the Union.
AGREED to this ����day of � , 1990, and attested to as the full
and complete understanding of the parties for the perio f time herein specified by the signature
. of the following representatives for the EMPLOYER and the UNION.
WITNESSES:
INDEPENDENT SCHOOL DISTRICT N0. 625 OPERATIVE PLASTERERS' AND CEMENT
MASONS' INTERNATIONAL ASSOCIATION,
LOCAL 560
O
Nego ations/Labor Relati s Manager ness Representative
c
• Chair, Board of E u '
�s .
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• APPENDIX A
The classes of positions recognized by the EMPLOYER as being exclusively represented
by the UNION are as foliows:
Cement Finisher
Apprentice
�
� and other classes of positions that may be established by the EMPLOYER where the duties and
responsibilities assigned come within the jurisdiction of the UNION.
•
•
A1
APPENDIX B •
All necessary hand tools.
,
•
•
Bt
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• APPENDIX C
C-1. The basic hourly rate, including the vacatior„contribution' and excluding all other benefit
costs and obligations in Appendix D, for provisional, regular and probationary employees
appointed to the following classes of positions shall be:
Effective Effective Effective
5_06_89 �-05-90 5_04_91
Cement Finisher $ 17.21' " "'
'This rate includes the taxable vacation/savings contribution, Appendix D (3).
This rate also reflects all other deductions for Union benefits and for legal obligations.
This rate shall be the temporary rate minus 4% effective May 6, 1989.
Effective May 5. 1990 the rate shall be the tem�orary rate minus 4.48%.
.
C•1 A. Wage rates in this Appendix(G1A)are for comaensation analysis ,urposes onl� These
figures do NQT include taxable oontributions arid therbre should_N�be used for payroll
' calculations. See Appendix G1 above for payroll information.
• Effective Effective Effective
�.� �Q �_oa_s�
Cement Finisher $ 16.t6 " "'
•
C1
Appendix C (continued) ,
C-2. The basic hourly wage rate for temporary employees appointed to the following classes
of positions shall be;
Effective Effective Effective
5_06_89 5-05-90 5_04_91
Cement Finisher $ 17.g3' •, •••
' This rate includes the taxable vacation contribution [Appendix D (3)j. .
" The May 5, 1990 basic hourly rate shall be determined based on the allocation of the
May 5, 1990 increase in Appendix D (6). The cost of wages plus contributions to the
Employer shall not exceed$22.15 per hour for Cement Finishers.
"' The May 4, 1991 basic hourly rate shall be determined based on the allocation of the
May 4, 1991 increase in Appendix D (7). The cost of wages plus contributions to the
Employer shall not exceed$22.80 per hour for Cement Finishers.
�
C-3. The basic hourly wage rates for the Apprentice class of positions. �
This section is held open for the addition of appropriate Apprentice rates in the event the
Employer initiates the employment of Apprentices.
�
C2
. yo_Gi�
�
• APPENDIX D
Effec4ive May 6, 1989, the EMPLOYER shall:
(1) Contribute $1.40 per hour for all hours worked by participating
employees as defined in Articles 12.2 and 12.3 of this AGREEMENT to a
Health and Welfare Fund.
(2) Contribute $2.20 per hour for all hours worked by participating employees
as defined in Articles 12.2 and 12.3 of this AGREEMENT to the Pension
. �
� (3) Contribute $1.10 per hour for all hours worked by participating employees
as defined in Articles 12.2 and 12.3 of this AGREEMENT to the in
I n F n . This contribution is subject to all payroll deductions.
(4) Contribute $ .02 per hour for all hours worked by participating employees
as defined in Articles 12.2 and 12.3 of this AGREEMENT to an
A[�prenticeshi Fund.
(5) Make legally established non-negotiated pension contributions to PERA @
4% of the hourly rate noted in Appendix C-1. Ihis amount shall be
increased to 4.48% effective May 5. 1990.
• (6) Effective May 6, 1990 there shall be an increase of $.60 per hour for all
hours worked applied to wages and/or fringe benefits. The distribution of
this $.60 per hour will be determined by the UNION and submitted to the
EMPLOYER in writing no later than thirty (30) days prior to the
effective date of the increase.
(7) Effective May 4, 1991 there shall be an increase of $.65 per hour for all
hours worked applied to wages and/or fringe benefits. The distribution of
this $.65 per hour will be determined by the UNION and submitted to the
EMPLOYER in writing no later than thirty (30) days prior to the
� effective day of the increase.
All contributions made in accordance with this Appendix shall be forwarded to
depositories as directed by the UNION.
The EMPLOYER shall establish Workers' Compensation and Unemployment
Compensation programs as required by Minnesota statutes.
The EMPLOYER'S fringe benefit obligation to participating employees as defined in
Articles 12.2 and 12.3 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
• deduc�ons.
D1 �
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� l�l�FX
ARTICLE TITLE PAGE
Preamble....................................._.._............__.._...._.�..�......___...._�______-_____.._.._.v
I �..................................................................._..............................................................1
IIReoognition...........................................�................_.._�........�....................._......................1
� III Err�ploy�er RigMs.................................................._._._._._._.........................._..................1
IV Union Rights..............................._.
....................._.�......._._............_...�..............................3
VScope of the Agreement..............................................................................................3
VIProbationary Periods........................._................._.......................................................4
VII Philosophy of Employment and Compensation....................�..........................4
VIIIHours of Work................_.............................._�................................................................5
IXOvertime............................................................................_....._....................._.._.�_...........6
XGap Back...............................................................................................................................6
XIWork Location.........................._......._...._....._.._...�._.._.........._........................�....._......7
XIIWages........................................�..__............_............._�.___...._......._.................................8
• XIII Fringe Benefits...........................�....._..._..�..___._.�.�._._____..__..._................12
XIV Selection of Foreman and General Foreman........._.._�..___._�.._.........12
XVHdidays......._................................................................._...._...�__�__...._________.._....13
XV I Disaplinary Prooedures..............................................................................................15
XVIIAbsenc�sfrom Work............................_.............._......................................................15
XVIII Seriority............................................................�.................�............... ......................16
........
XIXJurisdiction..................................................................._........�......................__.............17
XXSeparation.........................................................................._......._..........._�._..........._...17
XXITools.............................................._.__.._._....�._.....�.........................................................17
XXII (�ievar�oe Prooedure...................................._.....�...._.....�...._....._............................18
� XXIII Right of Subcontract.........._....._....._..._.�.�..._�.._.�....�.�._....�._.__...................20
XXIV �bn�SCYimireUon.........................._............................................_.._._..�.....�..............20
XXVSeverability.................................�......................................_. . ..20
XXVIWaiver............�._..._.__._...._..__.__.�......_�.._...�......_.__....�..............�.....�_._..........21
XXVI I Mileage-Irx�eperxient Sct�ool Disttrict No.625................................................21
XXVIII Duration and Pledge..�........�.__............__.�...�_........_�._.�._._�.__�...��.�.._�.23
�lpperxi'a A........_._..........._...__............................._...........................__..........._._�.__.A 1
AppendixB.___..__.�...._......._.�.�...._._.._.......__............�_....�.....___.�....._ ..B 1
ApperxfocC.........__.__._.....�....__._...�_._�._.�_..._._..._..._._........_..._._...__.__..0 1-3
• Appendix D......_...�......�..�_.._____._.........._...._�..........�........�...._.......__.D 1-2
NI
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- �
�8�e�.���
This AGREEMENT is entered into between Independent School District No. 625, hereinafter
referred to as the EMPLOYER and the Bricklayers and Allied Craftsmen Local Union No. 1,
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 Independent School District No. 625 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 between people at all levels of responsibility.
Constructive attitudes of the EMPLOYER, the UNION, and the individual employees will best
serve the needs of the general public.
•
�
•
v
���o'���
. ARTICLE I - PURPOSE
1.1 The EMPLOYER and the UNION agree that the purpose for entering into this
AGREEMENT is to:
1.11 Achieve orderly and peaceful relations, thereby establishing a system of
uninterrupted opera�ons and the highest level of employee performance that is
consistent with the safety and well-being of all concerned;
1.12 Set forth rates of pay, hours of work, and other conditions of employment as
have been agreed upon by the EMPLOYER and the UNION;
,
1.13 Establish procedures to orderly and peacefully resolve disputes as to the
application or interpretation of this AGREEMENT without loss of productivity.
e
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 statue as provided by
Article 25 (SEVERA6ILITY).
. 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, and temporary employed in the classes of positions defined in
2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 9Q-
PCL-3142 dated February 2, 1990.
2.2 The clesses of positions recognized as being exclusively represented by the UNION are
as listed in Appendix A.
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.
�
t
Article Iil - Employer Rights (continued) .
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.
�
,
•
•
2
���o-���
• 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.
4.11 The EMPLOYER shall not deduct dues from the wages of employees covered by
this AGREEMENT for any other labor organization.
4.12 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 right 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.
• ARTICLE V - SCOPE OF THE AGREEMENT
5.1 This AGREEMENT establishes the "terms and conditions of employmenY'defined by M.S.
179A.03, Subdivision 19, for all employees exciusively represented by the UNION. This
AGREEMENT shall supersede such "terms and conditions of employment" established by
Civil Service Rule, Council Ordinance,and Council Resolution.
•
3
ARTICLE VI - PROBATIONARY PERIODS •
6.1 All personnel, originally hired or rehired following separation, in a regular employment
status shal� 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.
6.11 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).
6.12 Ar 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 shalt 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.
6.21 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). •
6.22 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.
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; except those employees who
have individually optioned to be"grandfathered"as provided by Article 12.2.
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• ARTICLE VIII - HOURS OF WORK
8.1 The normai work day shali be eight (8) consecutive hours per day, excluding a thirty (30)
minute unpaid lunch period,between 7:00 a.m.and 5:30 p.m.
8.2 The normal work week shall be five (5) consecutive normal work days Monday through
Friday.
8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER'S judgment
to establish second and third shifts or a work week of other than Monday through Friday,
the UNION agrees to enter into negotiations immediately to establish the conditions of
such shifts and/or work weeks.
8.4 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.
8.5 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.
8.6 All employees are subject to call-back by the EMPLOYER as provided by Article 10
(CALL BACK).
• 8.7 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.
•
5
ARTICLE IX - OVERTIME
•
9.1 All overtime compensated for by the EMPLOYER must receive prior authorization from
a designated EMPLOYER superoisor. 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 (1-1/2) the basic hourly rate shall be paid for work
performed under the following circumstances:
9.21 Time worked in excess of eight (8) hours in any one normal work day, and
9.22 Time worked in excess of forty (40) hours in a seven (7) day period.
9.3 For the purposes of calculating overtime compensation, overtime hours worked shall not '
be"pyramided", compounded or paid twice for the same hours worked.
9.4 Overtime hours worked as provided by this ARTICLE shall be paid in cash or in
compensatory time as determined by the EMPLOYER.
ARTICLE X - CALL BACK
�
10.1 The EMPLOYER retains the right to call back emptoyees 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 w�rk 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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• ARTICLE XI - WORK LOCATION
11.1 Employees shall report to work location as assigned by a designated EMPLOYER
supervisor. During the normai work day, empioyees may be assigned to other work
locations at the discretion of the EMPLOYER.
11.2 Emp�oyees 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 as set forth in Article 27 (MILEAGE).
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ARTICLE XII - WAGES i
12.1 The basic hourly wage rate as estabiished by Appendix C shali be paid for all hours
worked by an employee.
12.2 Employees who are covered by the fringe benefits Iisted below shall continue to be
covered by such benefits. They shall be subject to alf other provisions of the
AGREEMENT, but �(I,� have hourly fringe benefit contributions and/or deductions
made on their behalf as provided for by ARTICLE 13 (FRINGE BENEFITS).
12.21 Insurance premium contributions as established by the EMPLOYER including life,
hospital, and health insurance premium contributions as established as of the °
date of the early retirement for early retirees who have retired since May 8,
1978 until such time as they reach 65 years of age. fn order to be eligible for the
insurance premium contributions under the early retiree provision, the employee �
must:
12.21.1 Be receiving benefits from a public employee retirement act at
the time of retirement.
12.21.2 Have severed the employment relationship with the City of
Saint Paul and Independent School District No. 625 under one of
the early retiree plans. •
12.21.3 Inform the Personnel Office of Independent School District No.
625 and the City of Saint Paul in writing within 60 days of the
employee's early retirement date that he or she wishes to be
eligible for early retiree insurance benefits.
12.22 Sick leave as established by Civil Service Rules, Section 20.
12.23 Vacation as established by the Saint Paul Salary Plan and Rates of
Compensation,Section I,subdivision H.
12.24 Ten (10) legal holidays as established by the Saint Paul Salary Plan and Rates
of Compensation,Section I. Subdivision I. '
12.25 Severance benefits as established by the School District's Severance Pay Plan .
with a maximum payment of $4,000. or as established by Section 12.26 of this
Article.
12.26 Severance Pay: Provisions effective Seotember 1. 1984. The Employer shall
provide a severance pay program as set forth in this Article:
12.26.1 To be eligible for the severance pay program, an employee must
meet the following requirements:
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• Article XII -Wages (continued)
12.26.11 The employee must be 58 years of age or older
or must be eligible for pension under the "rule of
85" or the "rule of 90" provisions of the Public
Employees Retirement Association (PERA).
The "rule of 85" or the "rule of 90" criteria shall
also apply to employees covered by a public
pension plan other than PERA.
- 12.26.12 The employee must be voluntarily separated
from School District employment or have been
subject to separation by layoff or compulsory
• retirement. Those employees who are
discharged for cause, misconduct, inefficiency,
incompetency or any other disciplinary reason
are not eligible for this severance pay program.
12.26.13 The employee must have at least ten (10)
years of consecutive service under the classified
or unclassified Civil Service at the time of
• separation. For the purpose of this Article,
employment in either the City of Saint Paul or in
Independent School District No.625 may be used
in meeting this ten- (10) year service
requirement.
12.26.14 The employee must file a waiver of re-
employment with the Directors of Personnel, for
Independent School District No. 625 and the City
of Saint Paul which will clearly indicate that by
requesting severance pay, the employee waives
all claims to reinstatement or re-employment (of
any type) with the City of Saint Paul or with
Independent School District No.625.
� 12.26.15 The employee must have accumulated a
minimum of sixty (60) days of sick leave credits
at the time of his separation from service.
12.26.2 If an employee requests severance pay and if the employee
meets the eligibility requirements set forth above, he or she will
be granted severance pay in an amount equal to one-half of the
daily rate of pay for the position held by the employee on the
date of separation for each day of accrued sick leave subject to
• a maximum total payment of$6,500.
9
Article XII - Wages (continued) •
12.26.3 For the purpose of this severance pay program, a death of an
employee shall be considered as separation of employment and,
if the employee would have met all of the requirements set forth
above at the time of his or her death, payment of the severance
pay may be made to the employee's estate or spouse.
12.26.4 For the purpose of this severance pay program, a transfer from
Independent School District No. 625 employment to City of Saint •
Paul employment is not considered a separation of employment,
and such transferee shall not be eligible for this severance
program. �
12.26.5 The manner of payment of such severance pay shatl be made in
accordance with the provisions of the School District Severance
Pay Plan already in existence.
12.26.6 This severance pay program shall be subject to and governed by
the provisions of the original School District Severance Pay Plan
(which allows $4,000 maximum payment) except in those cases •
where the specific provisions of this section conflict with said
Severance Pay Plan and in such cases, the provisions of this
section control.
12.26.7 Any employee hired prior to February 15, 1974 may, in any
event, and upon meeting the qualifications of this Article or the
original School District Basic Severance P�y Plan (which allows
$4,000 maximum payment), draw severance pay. However, an
election by the employee to draw severance pay under either
this Article or the basic School District Severance Pay Plan
shall constitute a bar to receiving severance pay from the other.
12.26.8 An employee of Independent School District No. 625 shall not be �
eligible for the severance pay provision of this Article if such
employee is also eligible and a recipient of Early Retirement .
Incentive payment under any Agreement between the exclusive
representative and the School District.
12.3 Regular employees not covered by the fringe benefits listed in Article 12.2 shall be
considered, for the purposes of this AGREEMENT, participating employees and shall be
compensated in accordance with Article 12.1 (WAGES) and have fringe benefit
contributions and/or deductions made on their behalf as provided for by Article 13
(FRINGE BENEFITS).
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• Articie XII - Wages (continued)
12.4 Provisional and temporary employees shall be considered, for the purposes of this
AGREEMENT, participating employees and 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).
12.5 All regular employees employed after February 15, 1974, shalt be considered, for the
purpose of this AGREEMENT, participating employees and shalt be compensated in
accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or
deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS).
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ARTICLE XIII - FRINGE BENEFITS •
13.1 The EMPLOYER shall make contributions on behalf of and/or make deductions from the
wages of participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by
this AGREEMENT in accordance with Appendix D for all hours worked.
ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN
14.1 The selection of personnel for the class of position of Foreman shall remain solely with �
the EMPLOYER.
14.2 The class of position of 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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• 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 I�onday in January
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
. Thanksgivin Day, Fourth Thursday in November
Christmas �ay, 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 Participating employees as defined in Articles 12.3, 12.4, and 12.5 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 Such participating employees assigned to work on New Year's Day, Memorial Day,
Independence Day, Labor 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 - If an employee other than a participating employee entitled to a holiday is required to
work on Martin Luther King Day, Presidents' Day, Columbus Day or Veterans' Day, the
_ employee shall be granted another day off with pay in lieu thereof as soon thereafter as
the convenience of the department permits or the employee shall be paid on a straight-
time basis for such hours worked, in addition to the regular holiday pay.
r
- If an employee other than a participating employee entitled to a holiday is required to
work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day or Christmas Day, the employee shall be compensated for work done on this day by
being granted compensatory bme 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 regular holiday pay.
Eligibility for holiday pay shall be determined in accordance with Section I (one),
Subsection I of the Saint Paul Salary Plan and Rates of Compensation.
•
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Article XV - Holidays (continued) •
15.8 In the case of Board of Education employees entitled to a holiday, if Martin Luther King
Day, Presidents' Day, Columbus Day or Veterans' Day falls on a day when school is in
session, the employees shall work that day at straight time and another day shall be
designated as the holiday. This designated holiday shall be a day on which school is not
in session and shalt be determined by agreement between the employee and the
supervisor.
.
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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:
16.21 Oral reprimand;
16.22 Written reprimand;
16.23 Suspension;
16.24 Demotion;
16.25 Discharge.
-
16.3 Employees who are suspended, demoted or discharged shall retain all rights under M.S.
179A.20, Subd. 4, and thereby shall have the right to request that such actions be
r considered a "grievance" for the purpose of processing through the provisions of Article
22 (GRIEVANCE PROCEDURE). Once an employee or the Union acting in the
employees behalf initiates review of an action, that matter shall not be reviewed in
another forum. Oral reprimands shall not be subject to the grievance review procedures.
ARTICLE XVII - ABSENCES 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 purpose of this AGREEMENT, shall be defined as follows:
18.11 "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.
18.12 "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 injury; is granted to allow an employee to accept an appointment to the �
unclassified seroice 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". Recall from layoff shall be in inverse order of layoff, except
that recall rights shall expire after two years of layoff. •
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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• ARTICLE XIX - JURISDICTION
19.1 Disputes concerning work jurisdiction between and among unions is recognized as an
appropriate subject to determination by the various unions representing employees of the
EMPLOYER.
19.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction by 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.
• ARTICLE XX - SEPARATION
20.1 Employees having a probationary or regular employment status shall be considered
separated from employment based on the following actions:
20.11 i i . Employees resigning from employment shall give written notice
fourteen (14) calendar days prior to the effective date of the
resignation.
20.12 i h r . As provided in Article 16.
� 20.13 Failure to Re�ort for Duri. As provided in Article 17.
. 20.2 Employees having a temporary or provisional employment status may be terminated at
the discretion of the EMPLOYER before the completion of a normal work day.
ARTICLE XXI - TOOLS
21.1 All employees shall personally provide themselves with the tools of the trade as listed in
Appendix B.
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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 EMPLOYER in writing of the names of the Stewards and 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 job duties and responsibilities of the
employees and shall therefore be accomplished during working hours only when consistent
with such employee duties and responsibilities. The Steward involved and a grieving
employee shall suffer no loss in pay when a grievance is processed during working hours, .
provided the Steward and the employee have notified and received the approval of their
supervisor to be absent to process a grievance and that such absence would not be
detrimental to work programs of the EMPLOYER. -
22.3 The procedure established by this ARTICLE shall except as previously noted in Article
16 (DISCIPLINARY PROCEDURES), be the sole and exclusive procedure for the
processing of grievances, which are defined as an alleged violation of the terms and
conditions of this AGREEMENT.
22.4 Grievances shall be resolved in conformance with the following procedure:
�1. 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 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
xcurrence of the event giving rise to the grievance or within the use of
reasonable diligence should have had knowledge of the first occurrence or
the event giving rise to the grievance,shall be considered waived.
,$�g��. 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 shalt 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.
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• Article XXiI - Grievance Procedure (continued)
Steo 3. Within seven (� calendar days following receipt of a grievance referred
from Step 2, a designated Employer Supervisor shall meet with the Union
Business Manager or his designated representative and attempt to
resolve the grievance. Within seven (7} calendar days following this
meeting, the EMPLOYER shall reply in writing to the UNION stating the
EMPLOYER'S answer concerning the grievance. If, as a result of the
written response, the grievance remains unresolved, the UNION may
refer the grievance to Step 4. Any grievance not referred in writing by
the UNION to Step 4 within seven (7) calendar days following receipt of
r
the EMPLOYER'S answer shall be considered waived.
�tey 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 EMPLOYER and the UNION within
seven (7) calendar days after notice has been given. If the parties fail
to mutually agree upon an arbitrator within the said seven- (7) day
period, either party may request the Public Employment 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 (1st) 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 the force and
effect of law. The arbitrator's decision shall be submitted in writing within thirty (30)
days following close of the hearing or the submission of briefs by the parties, whichever
� be later, unless the parties agree to an extension. The decision shall be based solely on
the arbitrator's interpretation or application of the express terms of this AGREEMENT
� and to the facts of the grievance presented. The decision of the arbitrator shall be final
� and binding on the EMPLOYER,the UNION,and the employees.
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.
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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.
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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.
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 authority from whose finding,
determination or decree no appeal is taken, such provision(s) shalt 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
judicial determination.
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• 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 understandings reached by the parties after the exercise of this
right are fully and completely set forth in this AGREEMENT.
26.2 Therefore, the EMPLOYER 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
condition of employment whether specifically covered or not specifically covered by this
� AGREEMENT. The UNION and EMPLOYER may, however, mutualty 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.
ARTICLE XXVII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625
27.1 Employees of the School District under policy adopted by the Board of Education may be
. reimbursed for the use of their automobiles for school business. To be eligible for such
reimbursement, employees must receive authorization from the District Mileage
Committee utilizing one of the following plans:
N M' effective with the adoption of this Agreement, is reimbursed at the
rate of 23¢ per mile. In addition, a maximum am�unt which can be paid per
month is established by an estimate furnished by the employee and the
employee's supervisor.
Another consideration for establishing the maximum amount can be the
experience of another working in the same or similar position.
Under this plan, it is necessary for the employee to keep a record of each trip
' made.
� " ", provides for reimbursement based on a per month "lump sum"
` amount. This amount is determined by the employee's driving experience under
Plan "A" for a period of three to six months. Those employees receiving an auto
allowance under this plan must report monthly the number of days the car was
available during the month. A deduction must be made from the lump sum
amount for each day the employee is on vacation. A deduction need not be made
for an occasional day of illness or for a holiday.
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• ARTICLE XXViiI - DURATION AND PLEDGE
28.� This AGREEMENT shalt become effective as of the date of signing, except as
specificaily provided otherwise in Articles 12 and 13, and shali remain in effect through
the 30th day of April, 1992, 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 terminate 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 established by this
AGREEMENT and the recognition that the GRIEVANCE PROCEDURE herein
� established is the means by which grievances concerning its application or interpretation
may be peacefully resolved, the parties hereby pledge that during the term of the
AGREEMENT:
28.31 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 ftom work, stop work, slow d�wn their work or absent themselves in
whole or part from the full, faithful performance of their duties of employment.
• 28.32 The EMPLOYER will not engage in, instigate or condone any lockout of
employees.
28.33 This constitutes a tentative AGREEMENT between the parties which will be
recommended by the School Board Negotiator, but is subject to the approval of
the Board of Education, and is also subject to ratification by the UNION.
Agreed to this���day of 90, and attested to as the full and complete
under- standing of the partie or the pei o of time herein specified by the signature of the
following representatives for th EMPLOYE and the UNION.
WTNESSES:
INDEPENDENT SCHOOL DISTRICT N0. 625 BRICKLAYERS AND ALLIED CRAFTSMEN
� LOCAL N0. 1
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ot�at�on a or e at�ons nager u �ness ger
�--
�rperson, uca on
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• APPENDIX A
The classes of positions recognized by the EMPLOYER as being exclusively represented by the
UNION are as foilows:
Brickiayer
Bricklayer Foreman
Apprentice
and other classes of positions that may be established by the EMPLOYER where the duties and
' responsibilities assigned come within the jurisdiction of the UNION.
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APPENDIX B •
All necessary hand tools.
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• APPENDIX C
C-1. The basic hourly wage rate including the vacation contribution' and excluding all other
benefit costs and ob�igations in Appendix D, for provisional, regular, and probationary
employees appointed to the following classes of positions and who are not covered by the
provisions of Articie 12.2 shall be:
Effective Effective Effective Effective
5_06_89 10_07_89 5-05-90 - 4- 1
Bricklayer $17.62' $17.62' " "'
Bricklayer Foreman 18.86' 18.86' " "'
� * This rate includes the taxable vacation contribution (Appendix D (3)].
This rate also reflects all other deductions for Union benefits and for legal obligations.
This rate shall be the temporary rate minus 4% effective May 6, 1989.
Effective May 5. 1990 the rate shall be the temRorary rate minus 4.48%.
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C-1 A. Wage rates in this Appendix(C•1A)are for com n�e sation na alysis�ur�ose� nc�.yl . These
figures do Q include taxable contributions and therefore should NOT be used for
� payroll calculations. See Appendix C-1 above for payroll information.
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� Effective Effective Effective Effective
5_06_89 10_07_89 5-05-90 5-04-91
Bricklayer $16.62 $16.62 " "'
Bricklayer Foreman 17.96 17.g6 •• '••
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Appendix C (continued) •
C-2. The basic hourly wage rate for temporary employees appointed to the following classes
of positions shall be:
Effective Effective Effective Effective
5_06_89 10_07.89 5_05_9Q 5_04_91
Bridclayer $18.35' $18.35, '• ••'
Bricklayer Foreman 19.65' 19.65' •• •••
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' This rate includes the taxable vacation contribution (Appendix D (3)]. -
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" The May 5, 1990 basic hourly rate shall be determined based on the allocation of the
May 5, 1990 increase in Appendix D (6). The cost to the Employer of wages plus
contributions shall not exceed $22.67 for Bricklayer and $23.97 for Bricklayer
Foreman.
"' The May 4, 1991 basic hourly rate shall be determined based on the allocation of the
May 4, 1991 increase in Appendix D (7). The cost to the Employer of wages plus
contributions shall not exceed $23.32 for Bricklayer and $24.67 for Bricklayer
Foreman. •
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C-3. The basic hourly wage rates for the Apprentice class of positions:
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This section is held open for the addition of appropriate Apprentice rates in the event the
Employer initiates the employment of Apprentices.
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• Appendix C (continued)
C-4. The basic hourly wage rate for regular employees appointed to the following classes of
positions who are receiving the fringe benefits listed in Article 122 shall be:
Effective Effective Effective Effective
5_06_g9 10_07_89 5-05-90 5-04-91
Bricklayer $17.56` $17.56• •••• "•••
Bridclayer Foreman 18.66' 18.66• .••. .....
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� "" The May 5, 1990 hourly rates in this contract shall be the rates as those shown
below less the cost of sick leave usage for 1989; and less the cost of holidays,
pension, and vacation for 1990; and less the cost of health and life insurance for
the period May 1989 through April 1990 incurred by the Employer for employees in
this bargaining unit.
""' The May 4, 1991 hourly rates in this contract shall be the rates as those shown
below less the cost of sick leave usage for 1990; and less the cost of holidays,
pension, and vacation for 1991; and less the cost of health and life insurance for
• the period May 1990 through April 1991 incurred by the Employer for employees in
this bargaining unit.
Effective Effective
5-05-90 5_04_91
Bricklayer $ 22.67 $23.32
Bridclayer Foreman 23.97 24.67
When performing swing stage work, the rate of pay shall be forty-five cents ($.45) per hour over
� the basic hourly rate of the above classifications.
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If the Union elects to have the contributions listed in Appendix D increased or decreased, the
� Employer may adjust the above applicable rates for participating employees in such a way that
the total cost of the package (wage rate plus contribution} remains constant.
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APPENDIX D •
Effective May 6, 1989, the Employer shali:
(1) contribution $1.61 per hour for all hours worked by participating employees as
defined in Articles 12.3, 12.4, and 12.5 covered by this Agreement, to a Union-
designated Health and Welfare Fund.
(2) contribute 52.08 per hour for all hours worked by participating employees as
defined in Articles 12.3, 12.4, and 12.5 covered by this Agreement, to a Pension
Fund. Effe tiv ��, 1�9Q fhis contribution shall be in r a e �Q 2.2 � r h �r
for all hours worked. ff iv I ly�y 4, 1�1 thi��ontribution shall �g in r 1
tQ�$pgr hour for all hours worked.
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(3) contribute $1.00 per hour from which payroli deduction has been made for all �
hours worked by participating employees as defined in Articles 12.3, 12.4, and
12.5 covered by this Agreement, to a Vacation Fund.
(4) Effective October 7, 1989, contribute $.25 per hour from which payroii deduction
has been made for all hours worked by participating employees as defined in
Articies 12.3, 12.4, and 12.5 covered by this Agreement to a Workina
m nt F�n .
(5) Effective May 6, 1989, contribute $.03 to an A�Qrenticeshi� F�in . ff iv •
May 5. 1990, this contribution shall be increased to �.05 er hour for all hours
worked. �ffective May 4. 1991. this contribution shall be increased to 5.07�er
h�for ali hours worked.
(6) Make legally established non-negotiated pension contributions to PERA @ 4% of
the hourly rate noted in Appendix C-1. This amount shall be increased to 4.48%
gffective May 5. 1990.
(7j Effective May 5, 1990 there shall be an increase of $.43 per hour for all hours
worked applied to wages and/or fringe benefits. The $.43 per hour increase is in
addition to the May 5, 1990 $.15 per hour increase to the Pension Fund (2) and
the $.02 per hour increase to the Apprenticeship Fund (5). The distribution of this
$.43 per hour will be determined by the UNION and submitted to the EMPLOYER �
in writing no later than thirty (30) days prior to the effective date of the ,
increase.
(8) Effective May 4, 1991 there shall be an increase of $.48 per hour for all hours
worked applied to wages and/or fringe benefits. The $.48 per hour increase is in
addition to the May 4, 1991 $.15 per hour increase to the Pension Fund (2) and
the $.02 per hour increase to the Apprenticeship Fund (5). The distribution of this
$.48 per hour will be determined by the UNION and submitted to the EMPLOYER
in writing no later than thirty (30) days prior to the effective date of the
increase. •
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• Appendix D (continued)
All contributions made in accordance with this Appendix shall be forwarded to depositories as
directed by the Union.
The Employer shall establish Workers' Compensation and Unemployment Compensation programs
as required by Minnesota statutes.
Participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this Agreement
shall not be eligible for, governed by or accumulate vacation, sick leave, holiday, funeral leave,
t jury duty or insurance fringe benefits that are or may be established by Personnel Rules, Council
� Ordinance or Council Resolutions.
' The Employer's fringe benefit obligation to participating employees as defined in Articles 12.3,
12.4, and 12.5 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.
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