90-930 �\
n Q � r l n' e � f� Council File # U-
V i � ti„J �1 Yi"l � �
Green Sheet � �/�0
RESOLU N
i' OF SAINT PAUL, MINNESOTA
Preaented By,� !�-L �,C � � �
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 Operative Plasterers' and Cement Masons'
International Association, Local 560 representing Cement Finishers.
as Navs Absent Requested by Department of:
s.mon
oswi z "�—
an T— Office of Personnel and Labor Relations
acca ee �
e man �—
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s son "'�— By�
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Adopted by Council: Date JU N i.2 1994 Form A�roved by City Attorney
�
Adoption Certified by Council Secretary gy: I ',�„� `!^'V�
By' Approved by Mayor for Submission to
/ Council
Approved by Mayor: Date ���!�''��
2 1990
BY e ,��+�_ By�
p{}g�}�p �u�� 2 3 1990�
� o��arriv►�o RECEIVEQ ��4'��D
� off;�e of _ _ GRE�1`I S�f, �, 2iao
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James Lombardi 292-73U1 � cmr�rraw�r «rr
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TOTAL N OF�ONI►IURE!►A� � (CLIP wL1 LOCATION�1�0l1�11111�j
' This resolution approves the attached 3 year agreement between the City of
Saint Paul and the Operative Plasterers' and Gement Masons' International. Association,
Local 560 representing Cement Finishers. The contract period will run from May 1, 1989
through April 30, 1992. �
a
_r�Mw�o ao�ow ...._a�.ee�nnoE oorr�ee�on �rer rr+oae . �'1
1.J
_as ca�nrr� _ �:
—'�"� — MAY 15 1990
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.,�.��,��► GITY A
n«ni►n�a Moxe�,a�,o�ro�rrurxn M�a wa�c w�.�,w�w.,�rx
The current contract expired on April 30, 1989.
��►r���a
Langu�ge was added allowing for the exchange of the Columbus Day holiday for the day
after Thanksgiving at the Employer's discretion.
ore�ovar�,w���noveo: �
None
o�nwr�s�nr�oveo:
Possible strike or arbitration. ' �--
RECEIVED � � '�'
. ,�"
�IY29��Q �ouncil Research �ente�
CITY CLERK MAY 2 3 I^yJU
toT��oa+T of�aw : 3.640 cosTn+ew�wbo�t�iow�xs o�f � No
p�p�� vari nus ��
fqiANpAI MIP�o�M�AI►t1oN:(DVLAIN)
See attachment
d1A1
. . � . �-ya -��
Attachment to Green Sheet
Financial Information
1. 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: $3,640
These figures reflect total package increases of 2.37$ in 1989-90, 2.78� in
1990-91 and 2.93$ in 1991-92. The total cost of the 3 year agreement
reflects an 8.31$ increase over the 1988-89 total package costs.
, �yo -��
.
INDEX
ARTICLE TITLE PAGE
Preamble iii
I Purpose 1
II Recognition 2
III Employer Rights 3
IV Union Rights 4
V Scope of Agreement 5
VI Probationary Periods 6
VII Philosophy of Employment and Compensation 7
VIII Hours of Work g
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 32
XXVIII Severance Pay 33
XXIX Duration and Pledge 35
Appendix A A1
Appendix B gl
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 Operative Plasterers' and
Cement Masons' International Association of the United States and Canada,
Local 560, hereinafter referred to as the UNION.
The EMPLOYER and the UNION concur that this AGREEMENT has as its
ob,jective 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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��� �y-�°
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 parti�s, on written notice, agree to negotiate that
part in conflict so that it conforms to the statute as provided by
Article 25 (SEVERA.BILITY) .
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ARTICLE II - RECOGNITION
s
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-525•A
dated May 22, 1973.
2.2 The classes of positions recognized as being exclusively represented by
the UNION are as listed in Appendix A. �
_ 2 _
� G'��o-�3�
ARTICLE III - EMPIAYER RIGHTS
3.1 The EMPLOYER retains the right to operate and manage all manpower�
facilities, and equipment; to establish functions and programs; to set
and amend budgets; to determine the utilization of technology; to
establish and modify the organizational structure; to select, direct
and determine the number of personnel; and to perform any inherent
managerial function not specifically limited by this AGREEMENT.
3.2 Any "term or condition of employment" not established by this AGREEMENT
shall remain with the EMPLOYER to eliminate, modify, or establish
following written notification to the UNION.
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ARTICLE IV - UNION RIGHTS
4.1 The EMPLOYER shall deduct from the wages of employees who authorize '
such a deduction in writing an amount necessary to cover monthly UNION
dues. Such monies deducted shall be remitted as directed by the UNION.
4.1.1 The EMPLOYER shall not deduct dues from the wages of employees
covered by this AGREEMENT for any other labor organization.
4.1.2 The UNION shall indemnify and save harmless the EMPLOYER from any
and all claims or charges made against the EMPLOYER as a result of
the implementation of this ARTICLE.
4.2 The UNION may designate one (1) employee from the bargaining unit to
act as a Steward and shall inform the EMPLOYER in writing of such
designation. Such employee shall have the rights and responsibilities
as designated in Article 22 (GRIEVANCE PROCEDURE) .
4.3 Upon notification to a designated EMPLOYER supervisor, the Business
Manager of the UNION, or his designated representative shall be
permitted to enter the facilities of the EMPLOYER where employees
covered by this AGREEMENT are working.
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��yo ��
ARTICLE V - SCOPE OF THE AGREEMENT
5.1 This AGREEMENT established the "terms and conditions of employment"
defined by M.S. 179.63, Subdivision 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 - PHIIASOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The EMPLOYER and the UNION are in full agreement that the philosophy
of empldyment 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 the hours of 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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C,�9�'-��v
ARTICLE IX - OVERTIME
� 9.1 All overtime compensated for by the EMPLOYER must receive prior
suthorization 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 circwnstances:
9.2.1 Time worked in excess of eight (8) hours in �ny one normal work
day, and
9.2.2 Time worked on a sixth (6th) day following a normal work week.
9.3 The overtime rate of two (2) times the basic hourly rate shall be paid
for work performed under the following circumstances:
9.3.1 Time worked on a holiday as defined in Article 15 (HOLIDAYS) ;
9.3.2 Time worked on a seventh (7th) day following a normal work week.
9.4 For the purposes of calculating overtime compensation overtime hours
worked shall not be "pyramided", compounded, or paid twice for the same
hours worked.
9.5 Overtime hours worked as provided by this ARTICLE shall be paid in
cash.
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ARTICLE X - CALL BACK
10.1 The EMPIAYER retains the right to call back employees before an �
employee has started a normal work day or normal work 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 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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�y���
ARTICLE XI - WORK IACATION
11.1 Employees shall report to work location as assigned by a designated
Employer Supervisor. During the normal work day employees may be
assigned to other work locations at the discretion of the 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.
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 8, 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 of this Agreement. �
12.3 Regular employees not covered by the fringe benefits listed in Article
12.2 shall be considered, for the purposes of this AGREEMENT,
participating employees and shall be compensated in accordance with
Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions
made on their behalf as provided for by Article 13 (FRINGE BENEFITS) .
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ARTICLE XII - WAGES (continued)
12.4 Provisional and temporary employees shall be considered� for the
purposes of this AGREEMENT, participating employees and shall be
compensated in accordance with Article 12.1 (WAGES) and have fringe
benefit contributions and/or deductions made in their behalf as
provided for by Article 13 (FRINGE BENEFITS) .
12.5 All regular employees employed after February 15, 1974, 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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� �1�-�1� d
ARTICL�E XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN
14.1 The selection of personnel for the class of position Foreman shall
remain solely with the EMPLOYER.
14.2 The class of position Foreman shall be filled by employees of the
bargaining unit on a "temporary assignment".
14,3 All "temporary assignments" shall be made only at the direction of a
designated EMPLOYER supervisor.
14.4 Such "temporary assigrunents" 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 fo�lowing 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 Such Participating employees assigned to work on New Year's Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall
be compensated at the rate of two (2) times the basic hourly rate for such
hours worked.
15.7 If an employee other than a Participating employee entitled to a holiday is
• required to work on Martin Luther King Day (effective 1986) , Presidents' Day,
Christopher Columbus Day, or Veterans' Day, he shall be granted another day
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�,��0�/�d
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 this 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 St. 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 set forth in Article 15.1. In addition, the
Columbus Day holiday where referenced in Article 15.5 shall be deleted
from same and the day after Thanksgiving shall be substituted.
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ARTICLE XVI - DISCIPLINARY PROCEDURES
16.1 The EMPLOYER shall have the right to impose disciplinary actions on
employees for just cause.
16.2 Disciplinary actions by the EMPLOYER shall include only the following
actions:
16.2.1 Oral reprimand.
16.2.2 Written reprimand.
16.2.3 Suspension.
16.2.4 Demotion.
16.2.5 Discharge.
16.3 Employees who are suspended, demoted, or discharged shall have the
right to request that such actions be reviewed by the Civil Service
Commission or a designated Board of Review. The Civil Service
Commission, or a designated Board of Review, shall be the sole and
exclusive means of reviewing a suspension, demotion, or discharge. No
appeal of a suspension, demotion, or discharge shall be considered a
"grievance" for the purpose of processing through the provisions of
Article 22 (GRIEVANCE PROCEDURE) .
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�-�a-y3d
ARTICLE XVII - ABSENCES FROM WORK
17.1 Employees who are unable to report for their normal work day have the
responsibility to notify their supervisor of such absence as soon as
possible, but in no event later than the beginning of such work day.
17.2 Failure to make such notification may be grounds for discipline as
provided in Article 16 (DISCIPLINARY PROCEDURES) .
17.3 Failure to report for work without notification for three (3)
consecutive normal work days may be considered a "quit" by the EMPLOYER
on the part of the employee.
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ARTICLE XVIII - SENIORITY
18.1 Seniority, for the 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 ari 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", subject to the approval of the EMPLOYER.
- 20 -
. ARTICLE XIX - JURISDICTION
��o ��o
19.1 Disputes concerning work �urisdiction between and among unions is
recognized as an appropriate subject to determination by the various
unions representing employees of the EMPLOYER.
19.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction
by any mutual agreements between the unions involved.
19.3 In the event of a dispute concerning the performance or assignment of
work, the unions involved and the EMPLOYER shall meet as soon as mutually
possible to resolve the dispute. Nothing in the foregoing shall restrict
the right of the EMPIAYER 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.
- 21 -
ARTICLE XX - SEPARATION
20.1 Employees having a probationary or regular employment status shall be
considered separated from employment based on the following actions:
20.1.1 Resi�nation. Employees resigning from employment
shall give written notice fourteen (14) calendar
days prior to the effective date of the resignation.
20.1.2 Discharee. As provided in Article 16.
20.1.3 �ailure to Report for 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.
- 22 -
�y��`�d
ARTICLE XXI - TOOLS
21.1 All employees shall personally provide themselves with the tools of the
trade as listed in Appendix B.
- 23 -
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 EMPIAYER.
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.
- 2 4 -
� �d ��
ARTICLE XXII - GRIEVANCE PROCEDURE (continued)
22.4 Grievances shall be resolved in conformance with the following procedure:
Stev 1. Upon the occurrence of an alleged violation of this AGREEMENT,
the employee involved shall attempt to resolve the matter on
an informal basis with the employee's supervisor. If the
matter is not resolved to the employee's satisfaction by the
informal discussion it may be reduced to writing and referred
to Step 2 by the UNION. The written grievance shall set
forth the nature of the grievance, the facts on which it is
based, the alleged section(s) of the AGREEMENT violated, and
the relief requested. Any alleged violation of the AGREEMENT
not reduced to writing by the UNION within seven (7) calendar
days of the first occurrence of the event giving rise to the
grievance or within the use of reasonable diligence should
have had knowledge of the first 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.
- 25 -
ARTICLE XXII - GRIEVANCE PROCEDURE (continued)
Step 3. Within seven (7) calendar days following receipt of a grievance
referred from Step 2 a designated EMPIAYER supervisor shall
meet with the UNION Business Manager or his designated
representative and attempt to resolve the grievance. Within
seven (7) calendar days following this meeting the EMPLOYER
shall reply in writing to the UNION stating the EMPLOYER'S
answer concerning the grievance. If� as a result of the
written response the grievance remains unresolved, the UNION
may refer the grievance to Step 4. Any grievance not referred
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 EMPIAYER and the UNION within seven (7) calendar days
after notice has been given. If the parties fail to mutually
agree upon an arbitrator within the said seven (7) day period,
either party may request the Public Employment 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.
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�/�e ��d
ARTICLE XXII - GRIEVANCE PROCEDURE (continued)
22.5 The arbitrator shall have no right to amend, modify, nullify, ignore�
add to, or subtract from the provisions of this AGREEMENT. The arbitrator
shall consider and decide only the specific issue submitted in writing
by the EMPLOYER and the UNION and shall have no suthority 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 follow-
ing close of the hearing or the submission of briefs by the parties,
whichever be later, unless the parties agree to an extension. The
decision shall be based solely on the arbitrator's interpretation or
application of the express terms of this AGREEMENT and to the facts of
the grievance presented. The decision of the arbitrator shall be final
and binding on the EMPLOYER, the UNION and the employees.
22.6 The fees and expenses for the arbitrator's services and proceedings
shall be borne equally by the EMPLOYER and the UNION, provided that
each party shall be responsible for compensating its own representative
and witnesses. If either party desires a verbatim record of the
proceedings, it may cause such a record to be made providing it
pays for the record.
22.7 The time limits in each step of this procedure may be extended by
mutual agreement of the EMPLOYER and the UNION.
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ARTICLE XXIII - RIGHT OF SUBCONTRACT
23.1 The EMPIAYER may� at any time during the duration of this AGREEMENT, '
contract out work done by the employees covered by this AGREEMENT. In
the event that such contracting would result in a reduction of the work
force covered by this AGREEMENT, the EMPLOYER shall give the UNION a
ninety (90) calendar day notice of the intention to subcontract.
23.2 The subcontracting of work done by the employees covered by this
AGREEMENT shall in all cases be made only to employers who qualify in
accordance with Ordinance No. 14013.
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ARTICLE XXIV - 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 EMPIAYER 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
27.1 �utomobile 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.
Type 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 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 sutomobile, 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 Reeulations: The Mayor shall adopt rules and regulations
governing the procedures for automobile reimbursement� which regulations
and rules shall contain the requirement that recipients shall file daily
reports indicating miles driven and shall file monthly affidavits stating
the number of days worked and the number of miles driven, and further
require that they maintain sutomobile liability insurance in amounts of
not less than $100,000/$300,000 for personal injury, and $25,000 for
property damage, or liability insurance in amounts not less than $300,000
single limit coverage, with the City of Saint Paul named as an additional
insured. These rules and regulations, together with the amendment thereto,
shall be maintained on file with the City Clerk.
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- ARTICLE XXVIII - SEVERANCE PAY � �D ��
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 90" or the "rule
of 85" provisions of the Public Employees Retirement
Association (PERA) . The "rule of 90" and the "rule of 85"
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.
28.23.3 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 The 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 sub�ect to a maximum of $6,500
- 33 -
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 July 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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�ya��
ARTICLE XXIX - DURATION AND PLEDGE
29.1 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 29.2.
29.2 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.
29.3 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:
29.3.1 The UNION and the employees will not engage in, instigate, or
condone any concerted action in which employees fail to report for
duty, willfully absent themselves from work, stop work, slow down
their work, or absent themselves in whole or part from the full,
faithful performance of their duties of employment..
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ARTICLE XXIX - DURATION AND PLEDGE (continued)
29.3.2 The EMPLOYER will not engage in, instigate, or condone any lock-out
of employees.
29.3.3 This constitutes a tentative agreement between the parties which
will be recommended by the City Negotiator, but is sub�ect to the
approval of the Administration of the City and the City Council
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 herein specified
by the signature of the following representatives for the EMPLOYER and the
UNION.
WITNESSES:
CITY OF SAINT PAUL OPERATIVE PLASTERERS' AND CEMENT MASONS'
INTERNATIONAL ASSOCIATION, LOCAL 560
L�o � � � .� 1 •
Labor Relations Manager iness Representative
Per o ctor
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G�90 -��'
APPENDIX A
The classes of positions recognized by the EMPLOYER as being exclusively
represented by the UNION are as follows:
Cement Finisher
Apprentice
Building Inspector-Cement Finisher
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 fringe
benefits listed in Article 12.2 shall be:
Effective Effective Effective
5-6-89 5-5-90 5-4-91
Cement Finisher. . . . . . . . . . . . . . . . $17.16* $17.40* $18.02*
The basic hourly wage rate for temporary employees appointed to the following
classes of positions shall be:
Effective Effective Effective
5-6-89 S-5•90 -5 4-91
Cement Finisher. . . . . . . . . . . . . . . . $17.93* $18.18* $18.83*
The basic hourly wage rates for regular employees appointed to the following
class title, who are receiving the fringe benefits listed in Article 12.2
shall be:
Effective Effective Effective
5-6-89 -5 5-90 -S 4-91
Cement Finisher. . . . . . . . . . . . . . . . $16.88 $17.00 **
**The May 4, 1991 hourly wage rates in this contract will be the rates as
shown below less the cost of sick leave usage for 1990 respectively, and
less the cost of vacation, holidays and pension for 1991 and less the cost
of health and life insurance for the period May, 1990 thru April, 1991
incurred by the employer for employees in this bargaining unit.
Effective
5-4-91
Cement Finisher. . . . . . . . . . . . . . $22.80
*This rate includes the taxable Savings Plan deduction.
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.
- C 1 -
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APPENDIX D
Effective May 6� 1989, the Employer shall:
(1) contribute $1.40 per hour for all hours worked by participating employees
as defined in Articles 12.3, 12.4 and 12.5 of this Agreement to a Health
and Welfare Fund. Effective May 5, 1990 this contribution shall become
$1.50 per hour.
(2) contribute $2.20 per hour for all hours worked by participating employees
as defined in Articles 12.3, 12.4 and 12.5 of this Agreement to the
Pension Fund. Effective May 5, 1990 this contribution shall become $2.45
per hour.
(3) deduct $1.10 per hour from which payroll deductions have been made for
all hours worked by participating employees covered by this Agreement for
a Savings Plan. Effective May 5, 1990 this deduction shall become $1.35
per hour. �
(4) contribute $.02 per hour for all hours worked by participating employees
as defined in Articles 12.3, 12.4 and 12.5 of this Agreement to an
Qpvrenticeship Fund.
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.
Participating employees covered by this Agreement, shall not be eligible for,
governed by, or accumulate vacation, sick leave, holiday, funeral leave, jury
duty� or insurance fringe benefits that are or may be established by Civil
Service Rules, Council Ordinance or Council Resolutions.
The Employer's fringe 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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