90-888 O�� ����� ' ^ `' Council File # �U�O�Q
i
Green Sheet # ai3 d
RESOLUTION
^ �ITY OF SAI T PAUL, MINNESOTA 3
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Presented By i� �-rv"r�-�
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Referred To Committee: Date
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RESOLVED, That the Council of the City of Saint Paul hereby
approves and ratifies the attached 1989-1992 Agreement between the
City of Saint Paul and the United Brotherhood of Carpenters and
Joiners of America, Twin City Carpenters District Council,
representing Carpenters and Building Inspectors.
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eas Navs Absent Requested by Department of:
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on � ice of Perso nd Labor Relations
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WiZson T— BY� "
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Adopted by Council: Date MAY 3 i 1990 Fo p roved by City Attorney
Adoption Certified by Council Secretary �� �
By:
By' Approved by Mayor for Sub 'ssion to
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Approved b Mayor: Date JUN ����
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Sy: '+�'4C���/ Bl'°
PUBUSIiED J UN - 9 1990_
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DEPARTMENTIOFFICE/COUNpL 0 f f i c e O f DATE INITIATED r`��i`t � L� q � � � O
Personnel and Labor Relations 05-01-90 GREEN SHEET �� 1N�4 �
iNrn�w w►r� INITIAUDATE
OONTACT PERSON 8 PHONE pEPARTMENT DIRECTOR �
James C. Lombardi 292-7301 �� �CITYATTORNEY �� ' RK "'��
MUBT BE ON OOUNqL ACaENDA BY(DAT� iiOUTINO �BUDOET DIRECTOR �FIN.8 MOT.SERVICES DIR.
Q MAYOR(OR ASSISTANT) �
TOTAL N OF 81GNATURE PAQES � (CLIP ALL LOCATION8 FOR SIGNATURE�
ACTION REf�UEBTED:
This resolution approves the attached 3 year agreement between the City of Saint Paul and
the United Brotherhood o 1��� nf Artwrira Twin City Carpenters District
Council. The contract p ��1992.
RECOMMENDA710N8:MDr'�W a►�1�(R) •
_PLANNINO COMMISStON _qVIL 88 TO CITY COUNCIL COMMITTEE: �
_GB COMMITTEE _
—gT� — ❑ FINANCE,MANAGEMENT&PERSONNEL
—o����� — �A Y
8 1990
suPPOaTS wHicF+�uNG�oerecrne� ❑ HOUSING&ECONOMIC DEVELOPMENT
INfMT1N0 PROBLEM,issue,o�TUNm nvN ❑ HOUSING&REDEVELOPMENTAUTHORITY � 1
The current contract e�s
� HUMAN SERVICE.�',,REGULATED INDUSTRIES,
AND RULES AND POLICY
❑ INTERGOVERNMENTALRELATIONS
❑ NEIGHBORHOODSERVICES
ADVANTAOES IF APPROVED: ❑ PUBL) WORKS, UTILITIES 8 TRANSPORTATION
Language was added a11C for the day after
Thanksgiving at the EmF ACTION
a OTHER
D18ADVANTAOES IF APPROVED: DATE L/ U
None
FROM
_
DISADVANTAOES IF NOT APPROVED:
Possible strike or arbitration.
� RECEIVED ���iic�� �esearcn �enler
�Y16�� 1�9AY 1 � �yyu
TOTAL AMOUNT OF TRANSACTION s 4 5,0 9 5 f,bgT/REVENUE BUDGETED(CIRCLE ON� YE8 NO
FUNDINO SOURCE various ACTIVITY NUMBER
FINANCUL INFORMATION:(EXPWI�
See attachment (��
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Attachment to Green Sheet
Financial Information
1. Nwnber of employees affected: 12
2. Current 1988-89 total package costs: $583,899
3. 1989-90 cost increase: $13,895
4. 1990-91 cost increase: $14,976
5. 1991-92 cost increase: $16,224
6. Total cost of 3 year agreement: $45,095
These figures reflect total package increases of 2.38$ in 1989-90, 2.50$ in
1990-91 and 2.64$ in 1991-92. The total cost of the 3 year agreement
reflects a 7.72� increase over the 1988-89 total package costs.
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MAY, 1989 THRU APRIL, 1992
LABOR AGREEMENT
- between -
THE CITY OF SAINT PAUL
- and -
UNITED BROTHERHOOD OF CARPENTERS
AND JOINERS OF AMERICA
TWIN CITY CARPENTERS DISTRICT COUNCIL
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I N D E X
ARTICLE TITLE PAGE
Preamble iii
I Purpose 1
II Recognition 2
III Employer Rights 3
IV Union Rights 4
V Scope of the Agreement S
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 Fringe Benefits 14
XIV Selection of Foreman and General Foreman 15
XV Holidays 16
XVI Disciplinary Procedures 18
XVII Absences From Work 19
XVIII Seniority 20
XIX Jurisdiction 21
XX Separation 22
XXI Tools 23
XXII Grievance Procedure 24
XXIII Right of Subcontract 28
XXIV Nondiscrimination 29
XXV Severability 30
XXVI Waiver 31
XXVII City Mileage Plan 32
XXVIII Severance Pay 33
XXIX Uniform Allowance 35
XXX Duration and Pledge 36
Appendix A A1
Appendix B B1
Appendix C C1
Appendix D Dl
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� P R E A M B L E
This AGREEMENT is entered into between the City of Saint Paul,
hereinafter referred to as the EMPLOYER and the United Brotherhood of
Carpenters and Joiners of America, Twin City Carpenters District Council,
hereinafter referred to as the UNION.
The EMPLOYER and the UNION concur that this AGREEMENT has as its
ob�ective the promotion of the responsibilities of the City of Saint Paul
for the benefit of the general public through effective labor-management
cooperation.
The EMPLOYER and the UNION both realize that this goal depends not
only on the words in the AGREEMENT but rather primarily on attitudes 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.
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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:
1.1.1 Achieve orderly and peaceful relations, thereby establishing a
system of uninterrupted operations and the highest level of employee
performance that is consistent with the safety and well-being of
all concerned;
1.1.2 Set forth rates of pay, hours of work, and other conditions of
employment as have been agreed upon by the EMPLOYER and the UNION;
1.1.3 Establish procedures to orderly and peacefully resolve disputes as
to the application or interpretation of this AGREEMENT without
loss of manpower productivity.
1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a supplement
to legislation that creates and directs the EMPLOYER. If any part of
this AGREEMENT is in conflict with such legislation, the latter shall
prevail. The parties, on written notice, agree to negotiate that part
in conflict so that it conforms to the statute as provided by Article 25
(SEVERABILITY) .
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� 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. 73-PR-478-A
dated April 16, 1973.
2.2 The classes of positions recognized as being exclusively represented by
the UNION are as listed in Appendix A.
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� ARTICLE III - EMPLOYER RIGHTS
3.1 The EMPIAYER retains the right to operate and manage all manpower,
facilities, and equipment; to establish functions and programs; to set
and amend budgets; to determine the utilization of technology, to
establish and modify the organizational structure; to select, direct
and determine the number of personnel; and to perform any inherent
managerial function not specifically limited by this AGREEMENT.
3.2 Any "term or condition of employment" not established by this AGREEMENT
shall remain with the EMPLOYER to eliminate, modify, or establish
following written notification to the UNION.
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� ARTICLE IV - UNION RIGHTS
4.1 The EMPLOYER shall deduct from the wages of employees who authorize
such a deduction in writing an amount necessary to cover monthly UNION
dues. Such monies deducted shall be remitted as directed by the UNION.
4.1.1 The EMPLOYER shall not deduct dues from the wages of employees
covered by this AGREEMENT for any other labor organization.
4.1.2 The UNION shall indemnify and save harmless the EMPLOYER from any
and all claims or charges made against the EMPLOYER as a result of
the implementation of this ARTICLE.
4.2 The UNION may designate one (1) employee from the bargaining unit to
act as a Steward and shall inform the EMPLOYER in writing of such
designation. Such employee shall have the 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.
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� ARTICLE V - SCOPE OF THE AGREEMENT
5.1 This AGREEMENT establishes the "terms and conditions of employment"
defined by M.S. 179.63, Subd. 18 for all employees exclusively
represented by the UNION. This AGREEMENT shall supersede such "terms
and conditions of employment" established by Civil Service Rule,
Council Ordinance, and Council Resolution.
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• ARTICLE VI - PROBATIONARY PERIODS
6.1 All personnel, originally hired or rehired following separation, in a
regular employment status shall serve a six (6) month's probationary
period during which time the employee's fitness and ability to perform
the class of positions' duties and responsibilities shall be evaluated.
6.1.1 At any time during the probationary period an employee may be
terminated at the discretion of the EMPLOYER without appeal to the
provisions of Article 22 (GRIEVANCE PROCEDURE) .
6.1.2 An employee terminated during the probationary period shall receive
a written notice of the reason(s) for such termination, a copy of
which shall be sent to the UNION.
6.2 All personnel promoted to a higher class of positions shall serve a six
(6) months' promotional probationary period during which time the
employee's fitness and ability to perform the class of positions'
duties and responsibilities shall be evaluated.
6.2.1 At any time during the promotional probationary period an employee
may be demoted to the employee's previously held class of positions
at the discretion of the EMPLOYER without appeal to the provisions
of Article 22 (GRIEVANCE PROCEDURE) .
6.2.2 An employee demoted during the promotional probationary period
shall be returned to the employee's previously held class of
positions and shall receive a written notice of the reasons for
demotion, a copy of which shall be sent to the UNION.
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• 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 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 lunch period, between 7:00 a.m.
and 5:30 p.m.
8.2 The normal work week shall be five (S) 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
9.1 All overtime compensated for by the EMPLOYER must receive prior
authorization from a designated EMPLOYER supervisor. No overtime work
clairn will be honored for payment or credit unless approved in advance.
An overtime claim will not be honored, even though shown on the time
card, unless the required advance approval has been obtained.
9.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall
be paid for work performed under the following circumstances:
9.2.1 Time worked in excess of eight (8) hours in any one normal work
day and
9.2.2 Time worked in excess of forth (40) hours in any 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. The method of payment shall be determined
solely by the Employer.
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� 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 sub�ect to the minimwn
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 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.
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� ARTICLE XII - WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be paid
for all hours worked by an employee. No retroactive payment shall be
made to any employee who has terminated his/her employment prior to
signing of the new Agreement.
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 shall not have hourly fringe
benefit contributions and/or deductions made on their behalf as provided
for by Article 13 (FRINGE BENEFITS) .
12.2.1 Insurance benefits as established by City of Saint Paul Resolutions
including life, hospital and health insurance for early retirees
who have retired since May 15, 1978.
In order to be eligible for the health benefits under the early
retiree provision, the employee must:
12.2.1.1 Be receiving benefits from a public employee
retirement act at the time of retirement.
12.2.1.2 Have severed his relationship with the City of
Saint Paul under one of the early retiree plans.
12.2.1.3 Inform the Personnel Office of 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.
12.2.2 Sick Leave as established by Resolution No. 3250, Section 20.
12.2.3 Vacation as established by the Saint Paul Salary Plan and Rates of
Compensation, Section I, Subdivision H.
12.2.4 Ten (10) legal holidays as established by the Saint Paul Salary
Plan and Rates of Compensation, Section I, Subdivision I.
12.2.5 Severance benefits as established by Ordinance No. 11490 with a maximum
payment of $4,000 or as established by Article XXVIII in this
AGREEMENT.
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� ARTICLE XII - WAGES (continued)
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) .
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 Al1 regular employees 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) .
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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 employees covered by this AGREEMENT
in accordance with Appendix D for all hours worked.
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' ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN
14.1 The selection of personnel for the class of position Carpenter Foreman
shall remain solely with the EMPLOYER.
14.2 The class of position Carpenter Foreman shall be filled by employees of
the bargaining unit on a "temporary assignment".
14.3 All "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 Monday in January (effective 1986)
Presidents' Day, third Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, first Monday in September
Columbus Day, second Monday in October
Veterans' Day, November 11
Thanksgiving Day, fourth Thursday in November
Christmas Day, December 25
15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday,
the following Monday shall be considered the designated holiday. When
any of these three (3) holidays falls on a Saturday, the preceding
Friday shall be considered the designated holiday.
15.3 The ten (10) holidays shall be considered non-work days.
15.4 If, in the judgment of the EMPLOYER, personnel are necessary for
operating or emergency reasons, employees may be scheduled or "called
back" in accordance with Article 10 (CALL BACK) .
15.5 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 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 (effective 1986) , Presidents' Day,
Christopher Columbus Day, or Veterans' Day, he shall be granted another day
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' ARTICLE XV - HOLIDAYS (continued)
off with pay in lieu thereof as soon thereafter as the convenience of the
department permits, or he shall be paid on a straight time basis for such hours
worked, in addition to his 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, he 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 his 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.
15.8 Notwithstanding Article 15.1, the Employer may at anytime during the life
of this Agreement designate the day after Thanksgiving as a holiday. In
the event of such designation, the Columbus Day holiday shall be deleted
from the holidays list as set forth in Article 15.1. In addition, the
Columbus Day holiday, where referenced in Articles 15.5 and 15.7, shall
be deleted from same and the day after Thanksgiving shall be substituted.
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` ARTICLE XVI - DISCIPLINARY PROCEDURES
16.1 The EMPLOYER shall have the right to impose disciplinary actions on
employees for just cause.
16.2 Disciplinary actions by the EMPLOYER shall include only the following
actions:
16.2.1 Oral reprimand
16.2.2 Written reprimand
16.2.3 Suspension
16.2.4 Demotion
16.2.5 Discharge
16.3 Employees who are suspended, demoted, or discharged shall have the
right to request that such actions be reviewed by the Civil Service
Commission or a designated Board of Review. T�ie Civil Service
Commission, or a designated Board of Review, shall be the sole and
exclusive means of reviewing a suspension, demotion, or discharge. No
appeal of a suspension, demotion, or discharge shall be considered a
"grievance" for the purpose of processing through the provisions of
Article 22 (GRIEVANCE PROCEDURE) .
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ARTICLE XVII - 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 each work day.
17.2 Failure to make such notification may be grounds for discipline as
provided in Article 16 (DISCIPLINARY PROCEDURES) .
17.3 Failure to report for work without notification for three (3)
consecutive normal work days may be considered a "quit" by the EMPLOYER
on the part of the employee.
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' ARTICLE XVIII - SENIORITY
18.1 Seniority, for the purposes of this AGREEMENT, shall be defined as
follows:
18.1.1 "Master Seniority" - the length of continuous regular and
probationary service with the EMPLOYER from the last date of
employment in any and all class titles covered by this AGREEMENT.
18.1.2 "Class Seniority" - the length of continuous regular and
probationary service with the EMPLOYER from the date an employee
was first appointed to a class title covered by this AGREEMENT.
18.2 Seniority shall not accumulate during an unpaid leave of absence,
except when such a leave is granted for a period of less than thirty
(30) calendar days; is granted because of illness or 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".
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 �urisdiction between and among unions is
recognized as an appropriate sub�ect for determination by the various
unions representing employees of the EMPLOYER.
19.2 The EMPLOYER agrees to be guided in the assignment of work jurisidiction
by any mutual agreements between the unions involved.
19.3 In the event of a dispute concerning the performance of 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.
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` ARTICLE XX - SEPARATION
20.1 Employees" having a probationary or regular employment status shall be
considered separated from employment based on the following actions:
20.1.1 Resignation. Employees resigning from employment shall give
written notice fourteen (14) calendar days prior to the effective
date of the resignation.
20.1.2 Discharee. As provided in Article 16.
20.1.3 Failure to Report far DutX. 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.
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' 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 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 be the sole and exclusive
procedure, except for the appeal of disciplinary action as provided by
16.3, for the processing of grievances, which are defined as an alleged
violation of the terms and conditions of this AGREEMENT.
22.4 Grievances shall be resolved in conformance with the following procedure:
Step 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
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' ARTICLE XXII - GRIEVANCE PROCEDURE (continued)
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.
Step 2. Within seven (7) calendar days after receiving the written
grievance a designated EMPLOYER supervisor shall meet with
the UNION Steward and attempt to resolve the grievance. If,
as a result of this meeting, the grievance remains unresolved,
the EMPLOYER shall reply in writing to the UNION within three
(3) calendar days following this meeting. The UNION may
refer the grievance in writing to Step 3 within seven (7)
calendar days following receipt of the EMPLOYER'S written
' answer. Any grievance not referred in writing by the UNION
within seven (7) calendar days following receipt of the
EMPLOYER'S answer shall be considered waived.
Step 3. Within seven (7) calendar days following receipt of a
grievance referred from Step 2 a designated EMPLOYER
supervisor shall meet with the UNION Business Manager or his
designated representative and attempt to resolve the grievance.
Within seven (7) calendar days following this meeting the
EMPLOYER shall reply in writing 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
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' ARTICLE XXII - GRIEVANCE PROCEDURE (continued)
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.
Step 4. If the grievance remains unresolved, the UNION may within
seven (7) calendar days after the response of the EMPLOYER in
Step 3, by written notice to the EMPLOYER, request arbitration
of the grievance. The arbitration proceedings shall be
conducted by an arbitrator to be selected by mutual agreement
of the EMPLOYER and the UNION within seven (7) calendar days
after notice has been given. If the parties fail to mutually
agree upon an arbitrator within the said seven (7) day period,
either party may request the Public Employment Relation Board
to submit a panel of five (5) arbitrators. Both the EMPLOYER
and the UNION shall have the right to strike two (2) names
from the panel. The UNION shall strike the first (lst) name;
the EMPLOYER shall then strike one (1) name. The process
will be repeated and the remaining person shall be the
arbitrator.
22.5 The arbitrator shall have to 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
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• ARTICLE XXII - GRIEVANCE PROCEDURE (continued)
close of the hearing or the submission of briefs of 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 14013.
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' ARTICLE XXIV - NONDISCRIMINATION
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
membership or non-membership in the UNION.
24.2 Employees will perform their duties and responsibilities in a
nondiscriminatory manner as such duties and responsibilities involve
other employees and the general public.
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' 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.
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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 conditions of employment whether specifically covered
or not specifically covered by this AGREEMENT. The UNION and EMPLOYER
may, however, mutually agree to modify any provision of this AGREEMENT.
26.3 Any and all prior ordinances, agreements, resolutions, practices,
policies, and rules or regulations regarding the terms and conditions
of employment, to the extent they are inconsistent with this AGREEMENT,
are hereby superseded.
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' ARTICLE XXVII - CITY MILEAGE PLAN
27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the
Saint Paul Legislative Code, as amended, pertaining to reimbursement of
City officers and employees for the use of their own automobiles in the
performance of their duties, the following provisions are adopted.
27.2 Method of Computation: To be eligible for such reimbursement all
officers and employees must receive written authorization from the
Department Head.
Type 1. If an employee is required to use his/her own automobile
OCCCASIONALLY 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.
Type 2. If an employee is required to use his/her own automobile
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 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.
27.3 The City will provide parking at the Civic Center Parking Ramp for City
employees on either of the above mentioned types of reimbursement plans
who are required to have their personal car available for City business.
Such parking will be provided only for the days the employee is required
to have his or her own personal car available.
27.4 Rules and Regulations: The Mayor shall adopt rules and regulations
governing the procedures for automobile reimbursement, which regulations
and rules shall contain the requirement that recipients shall file daily
reports indicating miles driven and shall file monthly affidavits stating
the number of days worked and the number of miles driven, and further
require that they maintain automobile liability insurance in amounts of
� not less than $100,000/$300,000 for personal injury, and $25,000 for
property damage, or liability insurance in amounts not less than $300,000
single limit coverage, with the City of Saint Paul named as an additional
insured. These rules and regulations, together with the amendment thereto,
shall be maintained on file with the City Clerk.
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` ARTICLE XXVIII - SEVERANCE PAY
28.1 The Employer shall provide a severance pay program as set forth
in this Article.
28.2 To be eligible for the severance pay program, an employee must meet
the following requirements:
28.2.1 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.
28.2.2 The employee must be voluntarily separated from City employment
or have been subject to separation by lay-off or compulsory
retirement. Those employees who are discharged for cause,
misconduct, inefficiency, incompetency, or any other disciplinary
reason are not eligible for the City severance pay program.
28.2.3 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 or in the Independent School
District No. 625 may be used in meeting this ten (10) year
service requirement.
28.2.4 The employee must file a waiver of reemployment with the
Director of Personnel, which will clearly indicate that by
requesting severance pay, the employee waives all claims to
reinstatement or reemployment (of any type) , with the City
or with Independent School District No. 625.
28.2.5 T'he employee must have accumulated a minimum of sixty (60) days
of sick leave credits at the time of his separation from
service.
28.3 If an employee requests severance pay and if the employee meets the
eligibility requirements set forth above, he or she will be granted
severance pay in an amount equal to one-half of the daily rate of
pay for the position held by the employee on the date of separation
for each day of accrued sick leave subject to a maximum of $6,500.
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' ARTICLE XXVIII - SEVERANCE PAY (continued)
28.4 For the purpose of this severance program, a death of an employee
shall be considered as separation of employment, and if the employee
would have met all of the requirements set forth above, at the time
of his or her death, payment of the severance pay will be made to
the employee's estate or spouse.
28.5 For the purpose of this severance program, a transfer from the
City of Saint Paul employment to Independent School District No. 625
employment is not considered a separation of employment, and such
transferee shall not be eligible for the City severance program.
28.6 The manner of payment of such severance pay shall be made in
accordance with the provisions of City Ordinance No. 11490.
28.7 This severance pay program shall be sub�ect to and governed by the
provisions of City Ordinance No. 11490 except in those cases where
the specific provisions of this article conflict with said ordinance
and in such cases, the provisions of this Article shall control.
28.8 The provisions of this Article shall be effective as of May 1, 1984.
28.9 Any employee hired prior to February 15, 1974 may, in any event, and
upon meeting the qualifications of this article or City Ordinance
No. 11490, as amended by City Ordinance No. 16303, section 1, section 6,
draw severance pay. However, an election by the employee to draw
severance pay under either this article or the ordinance shall constitute
a bar to receiving severance pay from the other.
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° ARTICLE XXIX - UNIFORM ALLOWANCE
29.1 A uniform allowance base of three hundred and fifty-five dollars ($355.00)
as a clothing allowance on a voucher system is established for 1986 for
all inspectional employees of the Fire Prevention Division of the Saint Paul
Department of Fire and Safety Services covered by this Agreement. Items
covered by this clothing allowance shall be defined by the Employer.
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` ARTICLE XXX - DURATIQN AND PLEDGE
30.1 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 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 30.2.
30.2 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.
30.3 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:
30.3.1 The UNION and the employees will not engage in, instigate, or
condone any concerted action in which employees fail to report for
duty, will fully 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.
30.3.2 The EMPIAYER will not engage in, instigate, or condone any
lock-out of employees.
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�
� ARTICLE XXX - DURATION AND PLEDGE (continued)
30.3.3 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,
and is also subject to ratification by the UNION.
AGREED to this 27th 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 EMPLOYER
and the UNION:
WITNESSES •
CITY OF SAINT PAUL TWIN CITY CARPENTERS' DISTRICT COUNCIL
OF UNITED BROTHERHOOD OF CARPENTERS AND
JOINERS OF AMERICA
� , ^
/i�y��i/_ . � ., � .
ations -- Bus' ss Manager
��
� L�-c'�.��' (k.�.�.�%J
Pt s n irector
,
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' APPENDIX A
The classes of positions recognized by the EMPLOYER as being
exclusively represented by the UNION are as follows:
Carpenter
Carpenter-Foreman
Building Inspector
Senior Building Inspector
and other classes of positions that may be established by the EMPLOYER where
the duties and responsibilities assigned comes within the jurisdiction of
the UNION.
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" ' APPENDIX B
All necessary hand tools.
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' APPENDIX C
The basic hourly wage rate for provisional, regular and probationary
employees appointed to the following classes of positions and not receiving
the Fringe Benefits listed in Article 12.2 shall be:
Effective Effective Effective
5-06-89 5-05-90 5-04-91
Carpenter . . . . . . . . . . . . . . . $17.57* $17.95* $18.57*
Carpenter Foreman . . . . . . . . . . . 18.67* 19.06� 19.68*
Building Inspector.
lst Step 17.57* 17.95* 18.57*
2nd Step 18.67* 19.06* 19.68*
3rd Step 18.98* *�** *�**
Senior Building Inspector . . . . . . . 20.37* **** �***
The basic hourly wage rate for temporary employees appointed to the following
class of positions shall be: Effective Effective Effective
5-06-89 S-OS-90 5-04-91
Carpenter . . . . . . . . . . . . . . . $18.36* $18.76* $19.41*
Carpenter Foreman . . . . . . . . . . . 19.51* 19.91* 20.56*
Building Inspector
lst Step 18.36* 18.76* 19.41*
2nd Step 19.51* 19.91* 20.56*
3rd Step 19.83* *�** ****
Senior Building Inspector . . . . . . . 21.29* **** ****
The basic hourly wage rate for regular employees appointed to the
following class of positions who are receiving the fringe benefits listed
in Article 12.2 shall be: Effective Effective Effective
5-06-89 S-OS-90 5-04-91
Carpenter . . . . . . . . . . . . . . . $16.87 ** **
Carpenter Foreman . . . . . . . . . . . 17.82 ** **
Building Inspector.
lst Step 16.87 *� **
2nd Step 17.82 ** **
3rd Step 19.38 ** **
Senior Building Inspector . . . . . . . 20.65 ** **
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.
' APPENDIX C (continued)
*This rate includes the taxable vacation contribution of $1.00.
**The May 5, 1990 and the May 4, 1991 hourly wage rates in this contract wiil
be the rates as shown below less the cost of sick leave usage for 1989 and 1990
respectively and less the cost of health and life insurance for the periods
May, 1989 through April, 1990 and May, 1990 through April, 1991 respectively and
less the cost of vacation and pension for 1990 and 1991 respectively incurred by
the employer for employees in this bargaining unit.
Mav 5. 1990 May 4, 1991
Carpenter $22.58 $23.23
Carpenter Foreman 23.73 24.38
Building Inspector
lst Step 22.58 23.23
2nd Step 23.73 24.38
Building Inspector
3rd Step Average of the total package rates for the respective
year used by the City for Carpenter Foreman,
Electrician Foreman, Sheet Metal Worker Foreman,
Plumber Foreman ancl Plasterer Foreman.
Senior Building Average of the total package rates for the respective
Inspector year used by the City for Senior Plumbing Inspector,
Senior Electrical Inspector, Senior Mechanical
Inspector-Sheet Metal, and Senior Building Inspector.
***The May 5, 1990 and May 4, 1991 hourly wage rates for temporary employees
shall be as shown below.
Building Inspector Average of the temporary base rates used by the City
3rd Step for Carpenter Foreman, Electrician Foreman, Sheet
Metal Worker Foreman, Plumber Foreman and Plasterer
Foreman.
Senior Building Average of the temporary rates for the respective year
Inspector used by the City for Senior Plumbing Inspector, Senior
Electrical Inspector, Senior Mechanical Inspector-
Sheet Metal, Senior Mechanical Inspector-Pipefitters
and Senior Building Inspector
�***The May 5, 1990 and May 4, 1991 hourly wage rates for provisional, regular
and probationary employees not receiving the Fringe Benefits listed in 12.2
shall be the temporary rates divided by 1.0448.
All Building Inspectors shall be paid the appropriate step in accordance with
Section I (one) , Subsection J of the St. Paul Salary Plan and Rates of Compensation.
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 shall:
(1) contribute $1.10 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 covered by
his AGREEMENT, to a UNION designated Health and Welfare Fund.
This amount will be increased to $1.25 per hour effective
May 5, 1990.
(2) contribute $2.25 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.
(3) contribute $1.00 per hour from which payroll 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) contribute $.20 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 Dental Fund. This amount
will be increased to $.22 per hour effective May 5, 1990.
(5) contribute $.07 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 Apprenticeship Training Fund. This amount
will be increased to $.10 per hour effective May 5, 1990.
All contributions made in accordance with this Appendix shall be
forwarded to depositories as directed by the UNION.
The EMPLOYER shall establish Workman's Compensation and Unemployment
Compensation programs as required by Minnesota Statutes.
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