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90-765 Council File #` �U- ��pv� 0 � ° �' L � � �� ' ` ' °� � � '� Green Sheet ,� � RESOLUTION �_, CITY OF SAIN PAUL, MINNESOTA �� Presented By ' Referred To Committee: Date RESOLVED, That the Council of the City of Saint Paul hereby ratifies the attached 1989 Agreement between the City of Saint Paul and the International Union of Elevator Constructors, Local 9 representing Elevator Inspectors. r' 1 imon ��-- �� sent Requested by Department of• oswz z ��= fice of Person el and abor Relations on accs ee � et an �'— � une �— �,P _ i son "�"— BY� u Adopted by Council: Date MAY 1 5 1990 Form Ap v by City Attorney Adoption Cert�fied by Council Secretary By: • By° Approved by Mayor for Submission to MAY � Council Approved by Mayor: Date 6 1990 . � ��f� By: �� By: ��io'�/7i PUBIISHED ��AY � 6� 1�� .. C�-G c/ �7�v� - �fice c�f wtewnn� ��."�� . Personnei and Labor Relations -19-9 ��N T �• � i �� co�rt�cr reMC�+a� . �Ys James C. Lou�bardi 292-7301 cm�t�awer aera�c - wsr�oN oou�u��a Id►t4 �uoaeT o�cro� MA ��noM WYq1�11"AM�TNA� „ TOT�1.1►Of�IWiATUI��AQlR � (�ALL LOCA't10Nt�R�1�1ATtN� . ' This resolution approvea the attached agreee�ent bet�een tbe City of Saint Paul and the International Union of E�evator Constructors, Local 9 representing Elevator Inspectors. The contract period is June 1, 1989 through May 31, 1990. � « , �� -�...�� ,�.,� .��, CEIV�D �� _ _n� � � - APR 2 p 1990 —�� — , �� «�rru►„�m.�o�,�.on�oi+tum►�wao.wn�,wn.n.wx.a.,wn�: None . - �oaMrr�*��o: l . Ne�,r hours of work language defin�-ng the normal work day as 8 hours be��reea ?:Q@ a.m. and 7:0� p.m. instead of between 7:00 a.m. and 5:30 p.m. 2. La�t�tg?e s�as `added allowing for the exchange of the Coiumbus Dsy hal�cl�y �`or the day afte��>Thatt�clrgiving at the Employer's discretion. �r��rrnoyEO: None dw�►vMrr��No�t�r►�ovec: Pos�ibie strike or arbitration. ' �� Gounci! Research Center. �Y�� R -3��i�,90 .,,r� CI1'1f CLERK TOtILL AMOUt1f OF YMMMCTl�'X! = z�580 OorrllllY�iuE�t100�T#D�qiq � No �p�q� ��a r i n„a A�CTNITY Mll�ip MMIANdAI NI�Or1AA117�ON:(DQLMN►' The total amount of this transaction represents a 2.3Y increase over the 1988 tot.al package. ; . _ ... " , - < ' NOR'e.' OL�1�t�eTE�101�ME M+IEy.4JD�NV TFIE�18il�ET.JNBTRtlCitL'�fAL MAN�L AVIi�:ABL,E R�1 Tt�P�IA8INQ fJFFICE(PHOWt NO,�6�42ffi). �, ` lIOUTtf+19'� �Now an p�MNrnd roulNpe tor IM Aw mo�t Mqu��t rypM of doa,n�' � CQi�AI1CT8 ��awh}orl�d OOIMK�1.R�QN �.� � : � 1. dMNd� t. O�p�n�M D�Clqr 2 MII�Mpp I�Ip��rbMM 2. 6udp�t Dlt�alo► �. CItY l�r�► S• CRY Attomey 4. Miyo► 4. Msy�oNApi�r� 6 �t Mprnt 8ras.Otncbr : 6. s d. 'l�rw�A000uMinp d. AaoowM�rK,'19�t Mp�M�►q. 5 !��'�� A��Mon� �� . � _ �_ 1, A,qh,ity Mhp�r t. a+NMmnp D�p�prro�or f � D�pNi"M"R�Nn�o► 4. dry�Cou� � � �Ofholoir a. G*t Aooa�nt,wn�MprtN BMa�. ` AOMII�MBTRATINE Of�EAB (aN o�rs) i ' L k�p D�pa�n�t Z. CIIY/Stio�Y �. r,a�y C� - T�TAL NtM�BQt QF 8Kit�MTURE PA�3E8 h�dkN�tM A►of p��on whi�M�S�n nquirrd�d s� ' ��5�: ACi1QN REQtlEgTEQ W�aibb�wl��Rro�otAsqurM aMlo�b a000mplMh in Mlt�d�ronolopl- .oM ord�r or dd�r d Nnporl�r�a,wqiQilN�r�r M mat appr�ior Ma i��N.Do not w�Es eao�npi�a�8pin I�oh�m in y�our Ibt wIN� a wrp. . p�l0u�►TiON� ' ila�I�'N�NMw M quMtlort Ms ONn prw�il�d bNon any body,pubNc SUPPt31RT8 WFNCN OOUNq!dBJECTIVE? ' ' �dlo�atr vNibh t�ot�r�dl Y�P�!p1�4��bY�0 ��Y�'�(�I��'��EATIW�F. .Et�ONOMIC DEVE�OPMENT�, BIIDOET,SEVVER SEPARAZiON�•C9EE�t.ETE UST IN iN81'RUCTIONA►L MANUAL.} . OOUNpL �A3'•OPTIONAL A8 REGlJEBTED BY COUNt�L II�NTUITINO PRO�LEN1,18�F�.OPPORTU�I'fY �M tM NtuWon o►oo�d111onr fMt a�d a nMd ior yau proj�Ct ttt nqwst. MYMRI►�IF APPRON� - . Indfa�wh�tlYs k Nmpiy an�1 b�dpM P�►�qulnd bY I�w� ohMM o[whMMr 1h�n�ai�p�oMlc �r of S�iM Paul arid ils�w�b�flt h�on�thl�p�Cfl�� q$AD!1/ANTA0E8�APPRQNEQ ��`�i�� µ�"��'� YWirR r»pWv��INN�s ot`n1l�oreaharqM tb i�or pat psoow�a rMpht MN�pnoj�ot/nquMt produo�if it i�pMwd��[�i�lq,l��rslonp9 � 1oc 1nex�ws or�?To Wlan� t"'f�oi �I$lIQVAt�ItAQEB!F NOT/tPPR011ED VMt�at vdM q�q�mpww oon�qi��oM if M�poonNNd�on b not , �ppro�wd?ln1�NM�►to dNiwr Nrviot7 Oo�lqn�d hqh tr�lc,noiM� aoe�►w'r tro..a e�+�«+w� FINAPICIAL�A�'1' ' liid�ouph You Aa+it LYo►tM lnfortn�On you p!O�id�Mn M th�hws you an ad�nMMQ.in p�rrnll you NNUt anllrr�tw�o qu�Uo�q:How ten�ch Is R nOM10 b OO�t?Wh0 M p0Y1p'1D pa�R � . . ._._..,...__...__..�._. ..._.. .... ... ..i�. .. .. C�' 9� - 7(0�� • I N D E X ARTICLE �� PAGE Preamble iii I Purpose 1 II Recognition 2 III Employer Rights 3 IV Union Rights 4 V Scope of Agreement 5 VI Probationary Periods 6 VII Philosophy of Employment and Compensation 7 VIII Hours of Work 8 IX Overtime 9 X Call Back 10 XI Work Location 11 XII Wages 12 XIII Selection of Foreman and General Foreman 13 XIV Holidays 14 XV Disciplinary Procedures 16 XVI Absences From Work 17 XVII Seniority 18 XVIII Jurisdiction 19 XIX Separation 20 XX Tools 21 XXI Grievance Procedure 22 XXII Right of Subcontract 26 XXIII Nondiscrimination 27 XXIV Severability 28 XV Waivez 29 XXVI City Mileage 30 XXVII Duration and Pledge 31 Appendix A A1 Appendix B B1 Appendix C C1 - ii - ,_.-_._. .___ _..__._.__._-__-__._.. . � ._.�__.�� .__.._.____.___-'�__ ._.__.r. . .._ __. .�.�. ....._....�.. . .._.._... / i� . � ��- ��s g R E A M B L E This AGREEMENT is entered into between the City of Saint Paul, hereinafter referred to as the EMPIAYER and the International Union of Elevator Constructors, Local 9� hereinafter referred to as the UNION. The EMPIAYER and the UNION concur that this AGREEMENT has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The EMPIAYER 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 CITY, the UNION, and the individual employees will best serve the needs� of the general public. - iii - � �o �� ARTICLE I - YURPOSE 1.1 The EMPLOYER and the UNION agree that the purpose for entering into this AGREEMENT is to: 1.1.1 Achieve orderly and peaceful relations� thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; 1.1.2 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the EMPIAYER and the UNION; 1.1.3 Establish procedures to orderly and peacefully resolve disputes as to the application of interpretation of this AGREEMENT without loss of manpower productivity. 1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a supplement to legislation that creates and directs the EMPLOYER. If any part of this AGREEMENT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 24 (SEVERABILITY) . � - 1 - ARTICLE II - RECOGNITION � 2.1 The EMPLOYER recognizes the UNION as the exclusive representative • for collective bargaining purposes for all personnel having an employment status of regular� probationary� provisional, and temporary employed in the classes of positions defined in 2.2 as certified by the Buresu of Mediation Services in accordance with Case No. 73-PR-475-A dated April 13, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. - 2 - . C�� U� 7�.� ARTICLE III - F.MPLOYER RIGHTS ' 3.1 The EMPLOYER retains the right to operate and manage all manpower� facilities� and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 3.2 Any "term or condition of employment" not established by this AGREEMENT shall remain with the EMPLOYER to eliminate, modify� or establish following written notification to the UNION. - 3 - ARTICLE IV - UNION RIGHTS 4.1 The EMPLOYER shall deduct from the wages of employees who authorize . such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies deducted shall be remitted as directed by the UNION. 4.1.1 The EMPIAYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any othez labor organization. 4.1.2 The UNION shall indemnify and save harmless the EMPLOYER from any and all claims or charges made against the EMPIAYER 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 21 (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. - 4 - �� —7�� ARTICLE V - SCOPE OF THE AGREEMENT � 5.1 This AGREEMENT establishes the "terms and conditions of employment" defined by M.S. 179.63� Subd. 18 for all employees exclusively represented by the UNION. This AGREEMENT shall supersede �uch "terms and conditions of employment" established by Civil Service Rule� Council Ordinance, and Council Resolution. - 5 - ARTICLE VI - PROBATIONARY PERIODS 6.1 All personnel� originally hired or rehired following separation� in a ' regular employment status shall serve a six (G) month's probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilfties shall be evaluated. 6.1.1 At any time during the probationary period an employee may be terminated at the discretion of the EMPIAYER without appeal to the provisions of ARTICLE 21 (GRIEVANCE PROCEDURE) . 6.1.2 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the UNION. 6.2 All personnel promoted to a higher class of positions shall serve a six (6) months' promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.2.1 At any time during the promotional probationary period an employee may be demoted to the employee's previously held class of positions at the discretion of the EMPLOYER without appeal to the provisions of Article 21 (GRIEVANCE PROCEDURE) . 6.2.2 An employee demoted during the promotional probati�onary period shall be returned to the employee's previously held class of positions and shali receive a written notice of the reasons for demotion, a copy of which shall be sent to the UNION. - 6 - �� -7� � ARTICLE VII - PHIIASOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The EMPLOYER and the UNZON 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 EMPIAYER shall compensate employees for all hours worked at the basic hourly wage rate as found in Article 12 (WAGES) . 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this AGREEMENT. - 7 - ARTICLE VIII - HOURS OF WORK � 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute lunch period, between 7:00 a.m. and 7:00 p.m. 8.2 The normal work week shall be five (5) consecutive normal work days 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 iinmediately 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. - 8 - __ _ __ _ (� -�10- 710 � ARTICLE IX - OVERTIME � 9.1 All overtime compensated for by the EMPIAYER must receive prior authorization from a designated EMPIAYER 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 ti4e card, unless the required advance approval has been obtained. 9.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 9.2.1 Time worked in excess of eight (8) hours in any one normal work day and 9.2.2 Time worked on a sixth (6th) day following a normal work week. 9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the following circumstances: 9.3.1 Time worked on a holiday as defined in Article 14 (HOLIDAYS) ; 9.3.2 Time worked on a seventh (7th) day following a normal work week; and 9.3.3 Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided, that all "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1.5) . 9.4 For the purposes of calculating overtime compensation overtime hours worked shall not be "pyramided", compounded, or paid twice for the same hours worked. 9.5 Overtime hours worked as provided by this ARTICLE shall be paid in cash or compensatory time at the option of the Employer. - 9 - ARTICLE R - CALL BACK 10.1 The EMPIAYER retains the right to call back employees before an � employee has started a normal work day or normal work �eek 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) . - 10 - � ��- 7�� ARTICLE XI - {�TORK IACATION 11.1 Employees shall report to work location as assigned by a designated EMPLOYER supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the EMPIAYER. 11.2 Employees assigned to work locations during the normal work day, other than their original assignment� and who are required to furnish their own transportation shall be compensated for mileage. - 11 - 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 Temporary employees shall be compensated in accordance with Paragraph A of Appendix C and shall not have any fringe benefit contributions and/or deductions made in their behalf. 12.3 All regular and provisional employees shall be compensated in accordance with Paragraph B of Appendix C and shall not have any fringe benefit contributions and/or deductions made in their behalf. - 12 - C�= ��- �� s ARTICLE XIII - SELECTION OF FOREMAN AND GENERAL FOREMAN 13.1 The selection of personnel for the class of position of Foreman shall remain solely with the EMPLOYER. - 13 - ARTICLE XIV - HOLIDAYS 14.1 The following ten (10) days shall be designated as paid 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 14.2 Of the ten (10) designated holidays in 14.1 above the following holidays are designated as paid holidays: New Year's Day, January 1 Memorial Day, last Monday in May Independence Ds�, July 4 Labor Day, first Monday in September Columbus Day, second Monday in October Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 14.3 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. 14.4 The ten (10) holidays listed in 14.1 above shall be considered non-work days. 14.5 If, in the judgment of the EMPLOYER, personnel are necessary, employees may be scheduled or "called back" in accordance with Article 10 (CALL BACK) . 14.6 Employees assigned to work on Martin Luther King Day, Presidents' Day, or Veterans' Day shall be compensated on a straight time basis for such hours worked. - 14 - � �'O- 7lPu ARTICLE RIV - HOLIDAYS (continued) ' - 14.7 Employees assigned to work on New Year's Day, ltemoriel Day� Independence Day, Labor Day, Columbus Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 14.8 This Article 14 shall be effective as of June 1� 1988. 14.9 Notwithstanding Articles 14.1 and 14.2, the Employer may at anytime during the life of this Agreement designate the day after Thanksgiving as a holiday. In the event of such designation, the Columbus Day holiday shall be deleted from the holidays listed in Articles 14.1 and 14.2. In addition, the Columbus Day holiday where referenced in Article 14.7 shall be deleted and the day after Thanksgiving shall be substituted. - 15 - _ ARTICLE RV - DISCIPLINARY PROCEDURES 15.1 The EMPIAYER shall have the right to impose dfsciplinary actions on employees for 3ust cause. 15.2 Disciplinary actions by the EMPLOYER shall include only the following actions: 15.2.1 Oral reprimand 15.2.2 Written reprimand 15.2.3 Suspension 15.2.4 Demotion 15.2.5 Discharge 15.3 Employees who are suspended, demoted, or discharge shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civil Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion� or discharge. No appeal of a suspension, demotion� or discharge shall be considered a "grievance" for the purpose of processing through the provisions of Article 21 (GRIEVANCE PROCEDURES) . - 16 - � C°�= 9d- 7� s ARTICLE RVI - ABSENCES FROM WORK 16.1 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 �uch �work day. 16.2 Failure to make such notification may be grounds for discipline as provided in Article 15 (DISCIPLINARY PROCEDURES) . 16.3 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. - 17 - ARTICLE RVII - SENIORITY . 17.1 Seniority� for the purposes of this AGREEMENT, shall be defined as � follows: 17.1.1 "Master Seniority" - the length of continuous regular and probationary service with the EMPLOYER from the last date of employment in any and all class titles covered by this AGREEMENT. 17.1.2 "Class Seniority" - the length of continuous regular and probationary service with the EMPLOYER from the date an employee was first appointed to a class title covered by this AGREEMENT. 17.2 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. 17.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 17.4 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, provided, employee has greater "Class Seniority" than the employee being replaced. • 17.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority"� subject to the approval of the EMPLOYER. - 18 - _. __ _ _ ._ __ � g� -�� ARTICLE XVIII - JURISDICTION 18.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate sub3ect for determination by the various unions representing employees of the EMPLOYER. 18.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 18.3 In the event of a dispute concerning the performance or assignment of work. the unions involved and the EMPIAYER shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the EMPIAYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the EMPLOYER'S basic right to assign work. 18.4 Any employee refusing to perform work assigned by the EMPLOYER and as clarified by Sections 18.2 and 18.3 above shall be subject to disciplinary action as provided in Article 15 (DISCIPLINARY PROCEDURES) . 18.5 There shall be no work stoppage� slow down� or any disruption of work resulting from a work assignment. - 19 - ARTICLE XIX - SEPARATION 19.1 Employees having a probationary or regular employment status shall ` be considered separated from employment based on the following actions: 19.1.1 Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 19.1.2 Discharge. As provided in Article 15. 19.1.3 Failure to Report for Duty. As provided in Article 16. 19.2 Employees having a temporary or provisional employment status may be terminated at the discretion of the EMPIAYER before the completion of a normal work day. - 2 0 - ��9,�- 7� � ARTICLE XX - TOOIS 20.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. - 21 - ARTICLE XXI - GRIEVANCE PROCEDURE 21.1 The EMPLOYER shall recognize stewards selected in accordance with UNION ' rules and regulations as tY►e 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. 21.2 It is recognized and accepted by the EMPIAYER 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. 21.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 15.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. 21.4 Grievances shall be resolved in conformance with the following procedure: Ste . Upon the occurrence of an alleged violation of this AGREEMENT� the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature - 22 - . G� .9D- 7� � ARTICLE XXI - GRIEVANCE PROCEDURE (continued) � of the grievance, the facts on which it is based� the alleged section(s) of tt►e AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. te . Within seven (7) calendar days after receiving the written grievance a designated EMPLOYER supervisor shall meet with the UNION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved� the EMPLOYER shall reply in writing to the UNION within three (3) calendar days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated EMPLOYER . supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the - 2 3 - ARTICLE XXI - GRIEVANCE PROCEDURE (continued) - � 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 reaains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred to in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. te 4. If the grievance remains unresolved, the UNION may within seven (7) calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPIAYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPIAYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5) arbitrators. Both the EMPIAYER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. - 2 4 - C� �ZO- ��s ARTICLE XXI - GRIEVANCE PROCEDURE (continued) 21.5 The arbitrator shall have no right to amend, modify� aullify� ignore� add to� or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue �ubmitted 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. 21.6 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. 21.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. - 25 - " ARTICLE XXII - RIGHT OF SUBCONTRACT 22.1 The EMPLOYER may, at any time during the duration of this AGREEMF•NT, • contract out work done by the employees covered by this AGREEMENT. In the event that such contracting would result in a zeduction of the work force covered by this AGREEMENT, the EMPLOYER ahall give the UNION a ninety (90) calendar day notice of the intention to subcontract. 22.2 The subcontracting of work done by the employees covered by this AGREEMENT shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. - 26 - _ _ . . _ _ _ _ �' �D-7�u ARTICLE XXIII - NONDISCRIMINATION � 23.1 The terms and conditions of this AGREEMENT will be applied to employees equally without regard to, or discrimination for or against, any individual because of race� color, creed� sex� age. or because of inembership or nonmembership in the UNION. 23.2 Employees will perform their duties and responsibilities in a non-discriminatory nanner as such duties and responsibilities involve other employees and the general public. - 2 7 - ARTICLE XXIV - SEVERABILITY � 24.1 In the event that any provision of this AGREEMENT is declared to be contrary to law by proper legislative� administrative. or j udicial suthority from whose finding, determination� or decree no appeal is taken, such provision(s) 8ha11 be voided. All other provisions shall continue in full force and effect. 24.2 The parties agree to, upon svritten notice, enter into negotiations to place the voided provisions of the AGREEMENT in compliance with the legislative, administrative, or judicial determination. - 28 - _ __ ___ . ._. .� � �0— �� ARTICLE XXV - WAIVER 25.1 The EMPLOYER and the UNION acknowledge that during the meeting and negotiating which resulted in this AGREF.MF.NT, each had the right and opportunity to make proposals with respect to any sub�ect 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. 25.2 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 EMPIAYER may, however� mutually agree to modify any provision of this AGREEMENT. 25.3 Any and all prior ordinances� agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this AGREEMENT, are hereby superseded. - 29 - ARTICLE XXVI - CITY MILEAGE 26.1 Qutomobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended� pertaining to reimburse�nent of City officers and employees for the use of their own automobiles in the performance of their duties� the following provisions are adopted. 26.2 �,ethod of Computation: To be eligible for such reimburaenent� all officers and employees must receive written authorization from the Department Head. �ype 1. If an employee is zequired to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $3.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addition, the employee shall be reimbursed $.15 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.15 per mile driven and shall not be eligible for any per diem. �ype� If an employee is required to use his/her own sutomobile REGULARLY during employment, the employee shall be reimbursed at the rate of $3.00 per day for each day of work. In addition, the employee shall be reimbursed $.15 per mile for each mile actually driven. If such employee is required to drive an sutomobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile� then the employee shall be reimbursed at the rate of $.15 per mile driven and shall not be eligible for any per diem. 26.3 The City will provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 26.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain sutomobile liability insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for property damage� or liability insurance in amounts not less than $300,000 single limit coverage� with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the City Clerk. - 3 0 - _ �' �D-7�5 ARTICI.E XRVII - DURATION AND PLEDGE 27.1 This AGREEMENT shall become effective as of the date of aigning, except as specifically provided otherwise in Article 12 and shall remain in effect through the 2nd day of June� 1990� and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in Article 27.2. 27.2 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. 27.3 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: 27.3.1 The UNION and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment 27.3.2 The EMPIAYER will not engage in, instigate, or condone any lock-out of employees. - 31 - ARTICLE XXVII - DURATION AND PI.EDGE jcontinued) 27.3.3 This constitutes a tentative agreement between the ' parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City� the City Council and is also subject to ratification by the UNION. AGREED to this ��f� day of April, 1990, and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representative for the EMPIAYER and the UNION. WITNESSES: INTERNATIONAL UNION OF ELEVATOR CITY OF SAINT PAUL CONSTRUCTORS LOCAL N0. 9 �'�i��"'�p � L �t�`„ ' � Labo Relations an ger Busi ss Manage Pers Director - 32 - C�t 70 7( g APPENDIX A The classes of positions recognized by the EMPI.OYER as being exclusively represented by the UNION are as follows: Elevator Inspector and other classes of positions that may be established by the EMPIAYER where the duties and responsibilities assigned comes within the jurisdiction of the UNION. i - A1 - APPENDIX B All necessary hand tools. - B 1 - _ _ __ � �I"�— ��0 5 APPENDIX C A. The basic hourly wage for temporary employees appointed to the following class of positions shall be : Effective ,june 3. 1989 Elevator Inspector . . . lst Step $24.63 2nd Step $27.12 B. The basic hourly wage rate for provisional� regular and probationary employees appointed to the following classes of positions shall be: Effective June 3. 1989 Elevator Inspector . . . lst Step $23.57* 2nd Step $25.96* The Employer shall establish Workman's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. The wage rate for the title of Elevator Inspector shall consist of two steps. The first step shall be the entry level step. The second step shall be paid to those who successfully perform for at least 1040 hours at the entry level. *The basic hourly rates for provisional, regular and probationary employees reflect the cost of the 4.48$ Employer's contribution to the Public Employees Retirement Association. - C1 -