90-929 �i `�.� I �� ��� , Council File # —
L�� � \ �
Green Sheet # / �
RESOLUTION
CI F SAINT PAUL, MINNESOTA
Presented By �
Referred To Committee: Date
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 Bricklayers, Masons, Marblemasons, Cement
Blocklayers and Tuckpointers Local Union No. 1 representing Masonry
Inspectors.
Yeas Navs Absent Requested by Department of:
imon —�—
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on �, Office of Personnel and Labor Relations
acca ee T—
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z son ` BY�
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Adopted by Council: Date �UN 1 2 1990 Form A roved by City Attorney
Adoption Certified by Council Secretary By: t ,
�
BY° Approved by Mayor for Submission to
Council „
Approved by Mayor: Date � ���� 2 �990 �
�
( , _ �- - By: `
By: /'��f _ �,�
PUBUSHED J U�V 2 319 90.
12EC�IVEG� �,r�- �o- �a a
DEPARTMENT/OFFICE/COUNCIL 0 f f i c e O f DATE INITIATED 214 �
Pers nn 1 and Lab r Re io S - _ GREEN SHEE�qy � � j qc��0• iN��A�
INITIAU DA��
CONTACT PERSOI�1 d PHOPIE �DEPARTMENT DIRECTOR �aTY COUNqL
James C. Lombardi 292-7301 �F� Oc�rnrroan�r RA��,r{�cra�E
MUST BE ON OOUNdL AOENDA BY(DATE) ROU7ING �BUDQET DIRECTOR ���FIN.6 MOT.SERVICES DIR.
�MAYOR(OR A8818TANT) �
TOTAL#�OF SIGNATURE PAGE8 � (CLIP ALL LOCATIONS FOR 810NATUR�
ACTIONRE�UESTED: This resolution approves a three year agreement between the City and the
Bricklayers, Masons, Marblemasons, Cement Blocklayers and Tuckpointers, Local Union
No. l . The contract period is May 1 , 1989 through April 30, 1992.
REOOMMENDATIONB:Approvs(A)ot Rejsct(R) COUNqL(�MMITTEE/RESEARCH REPORT OPTIONAL
ANALYST PHONE NO.
_PLANNINQ COMMI8SION _CIVIL SERVICE COAAMISSION
_qB�MMRTEE _
OOMMENTB:
_3TAFF —
-������� - CITY ATTO����
8UPPORTB WHICH OOUNCIL OBJECTIVE?
INITIATINQ PROBLEM,ISSUE,OPPaiTUNITV(Who,What,WMn,Whae.Why):
Current contract expired on April 30, 1989.
ADVANTAOES IF APPROVED:
1 . Language was added allowing for the exchange of the Columbus Day holiday for the day
after Thanksgiving at the Employer's discretion.
2. Seniority language was changed lay offs by "Class Seniority" and reinstatement in any
previously held lower paid class title covered by the Agreement. Before, lay offs
were by "Master Seniority" and did not indicate reinstatement in a previously held
lower paid class title.
DISADVANTAOES IF APPROVED:
None
D18ADVANTAOES IF NOT APPROVED:
Possible strike or arbitration. /�'�� �
, � � � �.,
R�C�IVED �o�i� �esearch �:ente�
IVI�Y29i�90 MAY 2 31yJU
CITY CLERK �����
TOTAL AMOUNT OF TRANSACTION i 3,6�+0 COST/REVENUE SllDOETED(qRCLE ONE) YE8 NO `�
FUNDING SOURCE various ACTMTY NUMBER
FlNANqAL INFORMATION:(F7CPUUN)
See attachment ��
. �
NOTE: COMPLETE DIRECTIONS ARE INCLUDED iN THE C�REEN SHEET INSTRUCTIONAL
MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.29&4225).
ROUTING ORDER:
Below are preferred routings for the five most frequent types of�cuments:
CONTRACTS (assumes authorized COUNCIL RESOLUTION (Amend, Bdgts./
budget exists) Accept. Grants)
1. Outside Agency 1. Department Director
2. Initiating Department 2. Budget Director
3. Ciry Attomey 3. Ciry Attorney
4. Mayor 4. MayodAssistant
5. Finance&Mgmt Svcs. Director 5. City Council
6. Finance Accounting 6. Chief Accountant, Fn&Mgmt Svcs.
ADMINISTRATIVE ORDER (Budget COUNCIL RESOLUTION (all others)
Revision) and ORDINANCE
1. Activiry Maneger 1. Initiating Department Director
2. DepartmeM Axountant 2. City Attomey
3. DepartmeM Director 3. Mayor/Assistant
4. Budget Director 4. City Council
5. City Clerk
6. Chief Accountant, Fin 8 Mgmt Svcs.
ADMINISTRATIVE ORDERS (all others)
1. Initiating Department
2. City Attorney
3. Mayor/Assistant
4. Gry Clerk
TOTAL NUMBER OF SiGNATURE PAGES
Indicate the#of pages on which signatures are required and�
each of these pages.
ACTION REQUESTED
Describe what the projecUrequest seeks to accomplish in either chronologi-
cel order or order of importance,wh�hever is most appropriate for the
issue. Do not write complete sentences. Begin each item in your list with
a verb.
RECOMMENDATIONS
Complete if the issne in question has been presented before any body, public
or private.
SUPPORTS WHICH COUNCIL OBJECTIVE?
Indicate which Council objective(s)your project/request supports by listing
the key word(a)(HOUSING, RECREATION, NEI(3HBORHOODS, ECONOMIC DEVELOPMENT,
BUDGET, SEWER SEPAFiATION). (SEE COMPLETE LIST IN INSTAUCTIONAL MANUAL.)
COUNCIL COMMITTEE/RESEARCH REPORT-OPTIONAL AS REQUESTED BY COUNCIL
INITIATIN(� PROBLEM, ISSUE, OPPORTUNITY
Explain the situation or conditions that created a need for your project
or request.
ADVANTAGES IF APPROVED
Indicate whether this is simply an annual budget prxedure required by law/
chaRer or whether there are apecific wa in which the Ciry of Saint Paul
and its cltizens will benefit from this pro�icUactlon.
DISADVANTAGES IF APPROVED
What negative eff�cts or major changes to existing or past processes might
this projeat/request produce if it is passed(e.g.,traffic delays, noise,
tax increases or asseasments)7 To Whom?When? For how long?
DISADVANTAGES IF NOT APPROVED
What will be the negative consequences if the promised actfon is not
approved? Inability to deliver service?Continued high traffic, noise,
accident rate? Loss of revenue?
FINANCIAL IMPACT
Although you must tailor the information you provide here to the issue you
are addressing, in general you must answer two questions: How much is ft
going to cost?Who is going to pay7
� . . � �o -q� 9
Attachment to Green Sheet
Financial Information
l. Number of employees affected: 1
2. Current 1988-89 total package costs: $43,784
3. 1989-90 cost increase: $1,040
4. 1990-91 cost increase: $1,248
5. 1991-92 cost increase: $1,352
6. Total cost of 3 year agreement: $3,640
These figures reflect total package increases of 2.32� in 1989-90, 2.70� in
1990-91 and 2.85$ in 1991-92. The total cost of the 3 year agreement
reflects a 8.31� increase over the 1988-89 total package costs.
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. I N D E R
ARTICLE TITLE PAGE
Preamble iii
I Purpose 1
II Recognition 2
III Employer Rights 3
IV Union Rights 4
V Scope of the Agreement 5
VI Probationary Periods 6
VII Philosophy of Employment and Compensation 7
VIII flours of Work 8
IR Overtime ' 9
X Call Back 10
%I Work Location 11
RII Wages 12
XIII Fringe Benefits 13
RIV Selection of Foreman and General Foreman 14
RV Holidays 15
RVI Disciplinary Procedures 17
RVII Absences From Work 18
RVIII Seniority 19
%IX Jurisdiction 20
RX Separation 21
XXI Tools 22
XXII Grievance Procedure 23
RRIII Right of Subcontract 27
RXIV Nondiscrimination 28
RXV Severability 29
XXVI Waiver 30
XXVII City Mileage Plan 31
RRIX Duration and Pledge 32
Appendix A A1
Appendix B B1
Appendix C C1
Appendix D D1
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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 Bricklayers and Stone Masons
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 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
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 IINION 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 aotice, agree to negotiate that
part in conflict so that it conforms to the statute as provided by
Article 25 (SEVERABILITY) .
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ARTIGLE II - RECOGNITION
2.1 The EMPLOYER recognizes the UNION as the exclusive representative for
collective bargaining purposes for all pezsonnel 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-537-A
dated June 4, 1973.
2.2 The classes of positions recognized as being exclusively represented by
the UNION are as listed in Appendix A.
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ARTICLE III - EMPLOYER RIGHTS
3.1 The EMPLOYER retains the right to operate and manage all manpower,
facilities, and equipment; to establish functions and programs; to set
and amend budgets; to determine the utilization of technology; to
establish and modifq 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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ARTICI:E IV - iJNION RIGHTS
4.1 The EMPLOYER shall deduct from the wages of employees who suthorize
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 IINION 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 iJNION 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 tTNION, 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 established the "terms and conditions of employment"
defined by M. S. 179.63, Subdivision 18 for all employees exclusively
represented by the tJNION. 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 - YROBATIONARY PERIODS
6.1 All personnel. originally hired or rehired following separation, in a
regular employment status shall serve a six (6) months' probationary
period during which time the employee's fitness and ability to perform
the class of positions' duties and responsibilities shall be evaluated.
6.1.1 At any time during the probationary period an employee may be
terminated at the discretion of the EMPLOYER without appeal to the
provisions of Article 22 (GRIEVANCE PROCEDURE) .
6.1.2 An employee terminated during the probationary period shall
receive a written notice of the reason(s) for such termination, a
copy of which shall be sent to the IINION.
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 emploqee'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 IINION 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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ARTIGLE 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 the hours of
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 sub�ect 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 IR - OVERTIME
9.1 All overtime compensated for by the EMPLOYER must receive prior
authorization from a designated EMPLOYER supervisor. No overtime work
claim will be honored for payment or credit unless approved in advance.
An overtime claim will not be honored, even though shown on the time
card, unless the required advance approval has been obtained.
9.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall
be paid for work performed under the following circumstances:
9.2.1 Time worked in excess of eight (S) hours in any one normal work
day, and
9.2.2 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.
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ARTICLE R - CALL BACK
10.1 The EMPLOYER retains the right to call back employees before an
employee has started a aormal 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 Norked based on a call-back shall be compensated in accordance
with Article 9 (OVERTIME)� when applicable, and sub3ect 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 RI - WORK LOCATION
11.1 Employees shall report to work location as assigned by a designated
EMPLOYER supervisor. During the aormal work day employees may be
assigned to other �ork 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 %II - i1AGES
12.1 The basic hourly wage rates as established by Appendix C shall be paid
for all hours �orked by an employee.
12.4 Regular, provisional and temporary employees shall be compensated in
accordance with Article 12.1 (WAGES) and have fringe benefit
contributions and/or deductions made in their behalf as provided
for bq Article 13 (FRINGE BENEFITS) .
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ARTICLE RIII - 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 %IV - SELECTION OF FOREMAN AND �ENERAL FOREMAN
14.1 The selection of personnel for the class of position of Foreman shall
remain solelq 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 onlq in cases where the
class of positions is vacant for more than one (1) normal work day.
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ARTICLE RV - HOLIDAYS
15.1 The following ten (10) days shall be designated as holidays:
New Year's Day, Januarq 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 3udgment of the EMPLOYER, personnel are necessary for operating or
emergency reasons, employees may be scheduled or "called back" in accordance
with Article 10 (CALL BACK) .
15.5 Employees assigned to work on Martin Luther King Day, Presidents' Day,
Columbus Day or Veterans' Day shall be compensated on a straight time basis
for such hours worked.
15.6 Employees assigned to work on New Year's Day, Memorial Day, Independence Day,
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 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
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ARTICLE RV - HOLIDAYS (continued)
the holidays list set forth in Article 15.1. In addition. the Columbus Day
holiday where referenced in Article 15.5 shall be deleted from same and the
day after Thanksgiving shall be substituted.
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ARTICLE RVI - DISCIPLINARY PROCEDURES
16.1 The EMPIAYER shall have the right to impose disciplinary actions on
employees for just cause.
16.2 Disciplinarq actions by the EMPLOYER shall include only the following
actions:
16.2.1 Oral repzimand.
16.2.2 Written reprimand.
16.2.3 Suspension.
16.2.4 Demotion.
16.2.5 Discharge.
16.3 Employees who are suspended, demoted, or discharged shall have the
right to request that such actions be reviewed by the Civil Service
Commission or a designated Board of Review. The Civil Service
Commission� or a designated Board or 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 RVII - 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 ground for discipline as
provided in Article 16 (DISCIPLINARY PROCEDURES) .
17.3 Failure to report for work without notification for thre� (3)
consecutive normal work days may be considered a "quit" by the EMPLOYER
on the part of the employee.
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ARTICLE RVIII - SENIORITY
18.1 Seniority, for the purpose of this AGREEI�:NT, 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 f irst appointed to a class title
covered by this AGREEMENT.
18.2 Senioritq 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 tJNION. •
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 previously held
lower paid class title covered by this Agreement� provided such 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", sub3ect to the approval of the EMPLOYER.
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Y
ARTICLE RIR - JIIRISDICTION
19.1 Disputes conceming Mork �urisdiction between and among unions is
recognized as an appropriate sub�ect to determination by the various
unions representing employees of the EMPLOYER.
19.2 The EMPLOYER agrees to be guided in the assignment of work �urisdiction
by mutual agreements between the unions involved.
19.3 In the event of a dispute coacerning 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 �ork.
19.4 Any employee refusing to perform work assigned by the EMPLOYER and as
clarif ied by Section 19.2 and 19.3 above shall be sub�ect 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 RR - 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 �ischar�e. As provided in Article 16.
20.1.3 Failure to Report for Duty. As provided in Article 17.
20.2 Employees having a temporarq 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 RXI - 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 %R3I - 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 IINION 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 �ob
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
eaclusive procedure� except for the appeal of disciplinary action as
provided by 16.3, for the processing of grievances, which are defined
as an elleged violation of the terms and conditions of this AGREEMENT.
22.4 Grievances shall be resolved in conformance with the following
procedure: _
Step 1. IIpon 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
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ARTICLE RRII - GRIEVANCE PROCEDURE (continued)
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 �vriting by the IINION within seven
(7) calendar daqs of the first occurrence of the event giving
rise to the grievance or within the use of reasonable
diligence should have had lrnowledge of the first occurrence
of the event giving rise to the grievance� shall be
considered waived.
Step 2. �ithin 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 vriting 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 IINION
stating the EMPLOYER'S answer concerning the grievance. If,
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ARTICLE 7IXII - GRIEVANCE PROCEDURE (continued)
as a result of the written response the grievance remains
unresolved, the IINION may refer the grievance to Step 4. Any
grievance not referred to in �riting by the IINION to Step 4
aithin 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 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 mutuallq agree upon an arbitrator within the said
seven (7) day period� either party may zequest 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 f irst (lst) name; the EMPLOYER shall then strike
one (1) name. The process will be repeated and the remaining
person shall be the arbitrator.
22.5 The arbitrator shall have no right to amend, modify. nullify, ignore�
add to, oz 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
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ARTICLE IIXII - GRIEVANCE PROCEDURE (continued)
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, �hichever 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
f inal and binding on the EMPLOYER, the UNION and the employees.
22.6 The fees and eapenses for the arbitrator's services and proceedings
shall be borne equally by the EMPLOYER and the IINION, 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 RRIII - 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 Mith Ordinance No. 14013.
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ARTICLE RRIV - NONDISCRIMINATION
24.1 The terms and conditions of this AGREEMF:NT 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 IINION.
24.2 Employees �ill perform their duties and responsibilities in a
nondiscriminatorq manner as such duties and responsibilities involve
other employees and the general public.
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ARTICLE RRV - SEVERABILITY
25.1 In the event that anq provision(s) of this AGREEMENT is declared to be
contrary to law bq proper legislative, administrative, or �udicial
authority from whose finding� determiaation� or decree no appeal is
taken, such provision(s) shall be voided. All other provisions shall
continue in full force and effect.
25.2 The parties agree to, upon written notice, enter into negotiations to
place the voided provisions of the AGREEMENT in compliance with the
legislative, administrative� or �udicial determination.
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ARTICLE RXVI - tiTAIVER
26.1 The EMPLOYER and the UNION aclrnowledge that during the meeting and '
negotiating which resulted in this AGREEMENT. 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.
26.2 Therefore. the EMPLOYER and the IINION 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 IINION 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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ARTICI.E XRVII - CITY MILEAGE
27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the
Saint Paul Administrative Code, as amended� pertaining to reimbursement
of City officers and employees for the use of their own 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 suthorization from the
Department Head.
T�►pe 1 If an employee is required 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 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 sutomobile� then the employee shall be
reimbursed at the rate of $.15 per mile driven and shall not be eligible
for any per diem.
�yg� If an employee is required to use his/her own automobile
REGUI.ARLY 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 nwnber 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 in�ury. and $25,000 for
property damage, or liability insurance in amounts not less than $300,000
single limit coverage, with the Citq 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 RRVIII - DURATION AND PLEDGE
28.1 This AGREEZII3NT shall become effective as of the date of signing, except
Ss specifically provided other`rise in Articles 12 and 13, and �hall
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 29.2.
29.2 If either party desires to terminate or modifg this AGREEMENT, effective
as of the date of expiration, the partq wishing to modify or terminate
the AGREEI�NT 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 modif ied 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:
28.3.1 The IINION 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.
28.3.2 The EMPLOYER will not engage in, instigate� or condone any lock-out
of emploqees.
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ARTICLE 7IXVIII - DURATION AND PLEDGE (continued)
28.3.3 This constitutes a tentative agreement between
the parties which �rill be recommended by the
City Negotiator, but is subject to the approval
of the Administration of the City, and is also
sub�ect to ratification by the UNION.
AGREED to this 7th day of May, 1990, and attested to as the full
and complete understanding of the parties for the period of time hereia
specified by the signature of the following representative for the EMPLOYER
and the UNION.
WITNESSES:
CITY OF SAINT PAUL BRICKLAYERS, MASONS, MARBLE-MASONS,
CEMENT BLOCKLAYERS AND TUCKPOINTERS
LOCAL N0. 1
,
,
� ' � �
Labor Relations Manag Business Rep sentat
Pers e ector
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APPENDIR A
The classes of positions recognized by the EMPLOYER as being exclusively
represented by the UNION are as follows:
Bricklayer
Stone Mason
Apprentice
Masonry 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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APPENDIR 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 shall be:
Effective Effective Effective Effective
5-6-89 10-7-89 5-5-90 -5 4-91
Bricklayer . . . . . . . $17.56* 17.56** 17.78** 18.24**
Bricklayer Foreman . . . 18.81* 18.81** 19.03** 19.49k�
Stone Mason . . . . . . 17.56* 17.56** 17.78** 18.24**
Masonry Inspector
lst step 17.56* 17.56** 17.78** 18.24**
2nd step 18.81* 18.81** 19.03** 19.49�*
3rd step 18.98* 18.98** *** ***
The basic hourly wage rate for temporary employees appointed to the
following classes of positions shall be:
Effective Effective Effective Effective
5-6-89 �-1 7-89 5-5-90 5-4-91
Bricklayer . . . . . . . $18.35* 18.35** 18.58** 19.06**
Bricklayer Foreman . . . 19.65* 19.65** 19.88** 20.36�*
Masonry Inspector
lst step 18.35* 18.35** 18.58** 19.06**
2nd step 19.65* 19.65** 19.88** 20.36**
3rd step 19.83* 19.83** *** ***
*This rate includes the taxable vacation contribution of $1.00.
**This rate includes the taxable vacation contribution of $1.25.
�**The May 5, 1990 and May 4, 1991 temporary wage rates in this contract will be
the average of the temporary rates used by the City for Carpenter Foreman,
Lead Electrician, Sheet Metal Worker Foreman, Plumber Foreman and Plasterer
Foreman on May 5, 1990 and May 4, 1991 respectively. The provisional and
regular rates shall be the temporary rates divided by 1.0448.
All Masonry Inspectors shall be paid the appropriate step in accordance with
Section I (one) , Subsection J of the Saint 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.
The basic hourly wage rate for temporary employees whose length of service and
earnings require that they be subject to Public Employees Retirement Association
contributions shall be the rate as shown in this Appendix "C" for such employees
in such classes divided by 1.0448.
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APPENDIR D
,..
, Effective May 6, 1989, the EMPLOYER shall:
a. contribute $1.61 per hour for all hours �orked by employees covered by
this AGREEI�:NT. to a ONION designated Health and Welfare Fund.
Effective May 5, 1990, this contribution shall become $1.81 per hour.
b. contribute $2.08 per hour for all hours worked by employees covered by
this AGREEMENT� to a Pension Fund. Effective May S. 1990� this
contribution shall become $2.23 per hour. Effective May 4� 1991, this
contribution shall become $2.38 per hour.
c. contribute $1.00 per hour from which payroll deduction has been made
for all hours worked by employees covered by this AGREEMENT� to a
Vacation Fund. Effective October 7� 1989 this contribution shall
become $1.25.
d. contribute $.03 per hour for all hours worked by employees covered by
this Agreement, to an �P,pvrenticeship Trainin Fund. Effective May 5,
1990 this contribution shall become $.OS per hour. Effective May 4.
1991 this contribution shall become $.07 per hour.
The above contributions may be increased or decreased as long as the
applicable hourly rates in Appendix C for employees are decreased or increased
by the same total amount.
All contributions made in accordance with this Appendix D shall be forwarded
to depositories as directed by the Union.
The EMPLOYER shall establish Worker's Compensation and Unemployment Compensation
programs as required by Minnesota Statutes. .
Employees covered by this Agreement shall not be eligible for, governed by�
or accumulate vacation, sick leave, holidaq, 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 fzinge benefit obligation 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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