90-931 , � I G I N�A L` � � � � Council File # C/� -�J��
� �
�,,,,� Green Sheet � � �
RESOLUTION
TY OF SAINT PAUL, MINNESOTA
Presented By � -�_._—�
Referred To Committee: Date
6/��- !�"���Yi�'�-�
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 International Brotherhood of Boilermakers,
Iron Shipbuilders, Blacksmiths, Forgers and Helpers, Lodge 647
representing Blacksmiths.
eas Navs Absent Requested by Department of:
_��t
on — � Office of Personnel and Labor Relations
acc ee
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Adopted by Council: Date �V N � 2 ��1/ Form p oved b City Attorney
A d o p t i o n e t i f i e d b y C o u n c i l S e c r e t a r y By:
�
By° , Approved by Mayor for Submission to
j JUN 1 2 199�uncil
Approved by Mayor: Date oc.,/� .
By: ���,��
Sy:
PUBUSNED J UN 2 ;3 i�90
RECEIVE� �qa �g�r
DEPARTMENT/OFFlCE/GOUNqL 0 f f i c e O f ���N��� � � �{ �
Personnel and Labor Relations 05-14-90 GREEN SHEET NO. ��
CONTACT PER80N d PHONE INITUU Dl� INITIALIDATE
�DEPARTMENT DIRECTOR �rt NGL
Jame s C. Lombardi 292-7301 ��� �qTr nrroar►�r �cm c��uc
MUST BE ON COUNCIL A(iENDA BY(DATE) ROU7ING �BUDOET DIRECTOR n11AYQ �•���8�R•
�MAYOR(OR ASSI8TMIT) �
TOTAL�M OF SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR SI�iNATUR�
ACTION REQUESTED:
This resolution approves the attached 3 year agreement between the City of Saint Paul and
the International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers
and Helpers, Lodge 647 representing Blacksmiths.
RECOMMENDATION3:Approvs(Iq a Rejsct(Fq COUNqL CO�AIAITTEE/�REPORT OPTIONAL
ANALYST
_PLANNINO COMMISSION _GVIL SERVICE COMMISSION
_CIB COMMITTEE _
�'"'""E"�: MAY 15 1990
-STAFF _
_DI8TRICT C�1RT _
SUPPORTSWHICHCOUNCILOBJECTIVE? CITY qT�pR�V�
iNm�n►�w PROS�M,�ssue,o�+ruNm�nno,wnse,w�,wnen,wny):
Current contract expired on July 18, 1989.
ADVANTA�ES IF APPROVED:
Language was added allowing f.or the exchange of the Columbus Day holiday for the day
after Thanksgiving at the Employer's discretion.
DISADVANTA(iE3 IF APPROVED:
None
DI8ADVMfTAOEB IF NOT APPROVED:
Possible strike or arbitration.
�G✓J
REC�IV�D uou - eR'�earch t;enr�e�
� 19y0
N�Y 29��0 MAY 2 3,�,�..
C!'TY CLERK
TOTAL AMOUNT OF TRANSACTION a 3,952 (b8T/REVENUE BUD�ETED(GRCLE ON� YES NO
FUNDIN(i SOURCE various ACTMTY NUYSER
FlNANCIAL INFORMATION:(DCPWN)
See attachment dW
. . - � �yU -q�i
Attachment to Green Sheet
Financial Information
1. Number of employees affected: 1
2. Current 1988-89 total package costs: $47,112
3. 1989-90 cost increase: $1,560
4. 1990-91 cost increase: $1,248
5. 1991-92 cost increase: $1,144
6. Total cost of the agreement: $3,952
These figures reflect total package increases of 3.31$ in 1989-90, 2.56� in
1990-91 and 2.29$ in 1991-92. The total cost of the 3 year agreement
reflects an 8.4� increase over the 1988-89 total package costs.
. ������
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 8
IX Overtime 9
X Call Back 10
XI Work Location 11
XII Wages 12
XIII Fringe Benefits 14
XIV Holidays 15
XV Disciplinary Procedures 17
XVI Absences From Work 18
XVII Seniority 19
XVIII Jurisdiction 20
XIX Separation 21
XX Tools 22
XXI Grievance Procedure 23
XXII Right of Subcontract 28
XXIII Nondiscrimination 29
XXIV Severability 30
XXV Waiver 31
XXVI City Mileage 32
XXVII Severance Pay 33
XXVIII Duration and Pledge 35
Appendix A A1
Appendix B B1
Appendix C C1
- ii -
�,/�� �e-93/
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 International Brotherhood
of Boilermakers, Iron Shipbuilders, Blacksmiths, and Helpers, Lodge 647,
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 City, the UNION, and the individual employees will best serve the needs
of the general public.
- iii -
. �_��--93/
ARTICT,E I - PURPOSE
1.1 The EMPIAYER 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 EMPLAYER and the UNION;
1.1.3 Establish procedures to orderly and peacefully resolve
disputes as to the application or interpretation of
this AGREEMENT without loss of manpower productivity.
1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a
supplement to legislation that creates and directs the EMPLOYER. If
any part of this AGREEMENT is in conflict with such legislation, the
latter shall prevail. The parties, on written notice, agree to
negotiate that part in conflict so that it conforms to the statute
as provided by Article 24 (SEVERABILITY) .
- 1 -
ARTICLE II - RECOGNITION _
2.1 The EMPIAYER 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 �ositions defined in 2.2 as certified by
the Bureau of Mediation Services in accordance with Case No.
74-PR-60-A dated August 8, 1973.
2.2 The classes of positions recognized as being exclusively represented
by the tJNION are as listed in Appendix A.
- 2 -
. ����3�
ARTICLE III - EMPLOYER RIGHTS
3.1 The EMPLOYER retains the right to operate and manage all manpower,
facilities, and equipment; to establish functions and programs;
to set and amend budgets; to determine the utilization of technology;
to establish and modify the organizational structure; to select�
direct, and determine the number of personnel; and to perform any
inherent managerial function not specifically limited by this
AGREEMENT.
3.2 Any "term or condition of employment" not established by this
AGREEMENT shall remain with the EMPLOYER to eliminate, modify, or
establish following written notification to the UNION.
- 3 -
ARTICLE IV - UNION RIGHTS
4.1 The EMPIAYER 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 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 EMPIAYER in writing of such
designation. Such employee shall have the rights and responsibilities
as designated in Article 21 (GRIEVANCE PROCEDURE) .
4.3 Upon notification to a designated EMPLOYER supervisor, the Business
Manager of the UNION� or his designated representative shall be
permitted to enter the facilities of the EMPLOYER where employees
covered by this AGREEMENT are working.
- 4 -
. �� �D��/
ARTIGLE V - SCOPE OF THE AGREEMENT
5.1 This AGREEMENT establishes the "terms and conditions of employment"
defined by M.S. 179.63, Subd. 18 for all employees exclusively
represented by the UNION. This AGREEMENT shall supersede such
"terms and conditions of employment" established by Civil Service
Rule, Council Ordinance, and Council Resolution.
- 5 -
ARTICLE VI - PROBATIONARY PERIODS
6.1 All personnel, originally hired or rehired following separation, in a
regular employment status shall serve a six (6) months' probationary
period during which time the employee's fitness and 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 21 (GRIEVANCE PROCEDURE) .
6.1.2 An employee terminated during the probationary period
shall receive a written notice of the reason(s) for
such termination, a copy of which shall be sent to the
UNION.
6.2 All personnel promoted to a higher class of positions shall serve a
six (6) months' promotional probationary period during which time
the employee's fitness and ability to perform the class of positions'
duties and responsibilities shall be evaluated.
6.2.1 At any time during the promotional probationary period
an employee may be demoted to the employee's
previously held class of positions at the discretion of
the EMPLOYER without appeal to the provisions of
Article 21 (GRIEVANCE PROCEDURE) .
6.2.2 An employee demoted during the promotional 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.
- 6 -
ARTICLE VII - PHILOSOPHY OF EMPIAYMENT AND COMPENSATION `� �� " J/
� 7.1 The EMPLOYER and the UNION are in full agreement that the
philosophy of employment and compensation shall be a "cash"
hourly wage and "industry" fringe benefit system.
7.2 The EMPIAYER 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.
- 7 -
ARTICLE VIII - HOURS OF WORK
8.1 The normal work day shall be eight (8) consecutive hours per day,
excluding a thirty (30) minute unpaid lunch period.
8.2 The normal work week shall be five (5) consecutive normal work days,
Monday through Friday.
8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER'S
judgment to establish second and third shifts or a work week of other
than Monday through Friday, the UNION agrees to enter into negotiations
immediately to establish the conditions of such shifts and/or work weeks.
8.4 This section shall not be construed as, and is not a guarantee of, any
hours of work per normal work day or per normal work week.
8.5 All employees shall be at the location designated by their supervisor,
ready for work, at the established starting time and shall remain at an
assigned work location until the end of the established work day unless
otherwise directed by their supervisor.
8.6 All employees are subject to call-back by the EMPLOYER as provided by
Article 10 (CALL BACK) .
8.7 Employees reporting for work at the established starting time and for
whom no work is available shall receive pay for two (2) hours, at the
basic hourly rate, unless notification has been given not to report
for work prior to leaving home, or during the previous work day.
- 8 -
. �-�0-�3�
ARTICLE IX - OVERTIME
9.1 All overtime compensated for by the EMPLOYER must receive prior authori-
zation from a designated EMPIAYER supervisor. No overtime work claim will
be honored for payment or credit unless approved in advance. An overtime
claim will not be honored, even though shown on the time card� unless the
required advance approval has been obtained.
9.2 The overtime rate of one and one-half (1+) 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 any one
normal work day and
9.2.2 Time worked on a sixth (6th) day following a normal
work week.
9.3 The overtime rate of two (2) times the basic hourly rate shall be paid
for work performed under the following circwnstances:
9.3.1 Time worked on a seventh (7th) day following a noraml
work week; and
9.3.2 Time worked in excess of twelve (12) consecutive hours
in a twenty-four (24) hour period, provided, that all
"emergency" work required by "Acts of God" shall be
compensated at the rate of one and one-half (1+) . The
time and one-half overtime rate shall be based on the total
rate, including any premium pay, being earned during the
overtime hours worked.
9.4 For the purposes of calculating overtime compensation overtime hours worked
shall not be "pyramided", compounded, or paid twice for the same hours worked.
9.5 Overtime hours worked as provided by this Article shall be paid in cash
or compensatory time at the option of the Employer.
- 9 -
ARTICLE 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 sub�ect
to the minimum established by 10.2 above.
10.4 Employees called back four (4) hours or less prior to their normal
work day shall complete the normal work day and be compensated only
for the overtime hours worked in accordance with Article 9 (OVERTIME) .
- 10 -
ARTIC�LE XI - WORK LOCATION C� ` ���"
' 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.
- 11 -
ARTICLE XII - WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be paid •
for all hours worked by an employee.
12.2 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 pro-
visions of the AGREEMENT, but shall not have hourly fringe benefit contri-
butions 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.
12.2.2 Sick Leave as established by Resolution No. 3250,
Section 20.
12.2.3 Vacation as established by Saint Paul Salary Plan and Rates
of Compensation� Section 1, Subdivision H.
12.2.4 Ten (10) legal holidays as established by Saint Paul Salary
Plan and Rates of Compensation, Section I, Subdivision I.
12.2.5 Severance benefits as established by Resolution No.
11490 with a maximum payment of $4,000.
12.2.6 The EMPLOYER will for the period of this AGREEMENT
provide for EMPIAYEES working under the title of General
Blacksmith who retire after February 25, 1977, and
until such EMPIAYEES reach sixty-five (65) years of
age such health insurance benefits as are provided by
the EMPIAYER.
12.2.7 In order to be eligible for the benefits under the
provision of 12.26 the EMPLOYEE must:
12.2.7.1 Be receiving benefits from a public employee
retiree act at the time of retirement.
12.2.7.2 Have severed his relationship with the City of
Saint Paul under one of the early retiree plans.
- 12 -
. �v�p -�'�(
ARTICLE XII - WAGES (continued)
' 12.3 Regular employees not covered by the fringe benefits listed in Article
12.2 shall be considered, for the purposes of this AGREEMENT� participating
employees and shall be compensated in accordance with Article 12.1 (WAGES)
and have fringe benefit contributions and/or deductions made on their
behalf as provided for by Article 13 (FRINGE BENEFITS) .
12.4 Provisional� temporary, and emergency 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) .
- 13 - �
ARTICL� 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.
- 14 -
. �,�y°_q.��
ARTICLE XIV - HOLIDAYS
14.1 The following ten (10) days shall be designated as holidays:
New Year's Day� January 1
Martin Luther King Day, third Monday in January (effective 1986)
Presidents' Day, third Monday in February
Memorial Day� last Monday in May
Independence Day, July 4
Labor Day� first Monday in September
Columbus Day, second Monday in October
Veterans' Day, November 11
Thanksgiving Day, fourth Thursday in November
Christmas Day, December 25
14.2 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.
14.3 The ten (10) holidays shall be considered non-work days.
14.4 If, in the �udgment 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) .
14.5 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.
14.6 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.
14.7 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
- 15 -
ARTICLE XIV - 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.
14.8 Notwithstanding Article 14.1, 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 14.1. In addition, the
Columbus Day holiday where referenced in Article 14.5 and 14.7 shall be
deleted from same and the day after Thanksgiving shall be substituted.
- 16 -
. ARTIGLE XV - DISCIPLINARY PROCEDURES C/ ����r
15.1 The EMPLOYER shall have the right to impose disciplinary actions on
employees for just cause.
15.2 Disciplinary actions by the EMPIAYER shall include only the following
actions:
15.2.1 Oral reprimand
15.2.2 Written reprimand
15.2.3 Suspension
15.2.4 Demotion
15.2.5 Discharge
15.3 Employees who are suspended, demoted, or 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 21
(GRIEVANCE PROCEDURE) .
• 17 -
ARTICLE XVI - ABSENCES FROM WORK
16.1 Employees who are unable to report for their normal work day have
the responsibility to notify their supervisor of such absence as
soon as possible, but in no event later than the beginning of such
work day.
16.2 Failure to make such notification may be grounds for discipline
as provided in Article 15 (DISCIPLINARY PROCEDURES) .
16.3 Failure to report for work without notification for three (3)
consecutive normal work days may be considered a "quit" by the
EMPIAYER on the part of the employee.
- 18 -
. ���° ���
ARTICLE XVII - SENIORITY
17.1 Seniority for the purposes of this AGREEMENT, shall be defined as
follows;
17.11 "Master Seniority" - the length of continuous regular
and probationary service with the EMPIAYER from the
last date of employment in any and all class titles
covered by this AGREEMENT.
17.12 "Class Seniority" - the length of continuous regular
and probationary service with the EMPLOYER from the
date an employee was first appointed to a class title
covered by this AGREEMENT.
17.2 Seniority shall not accumulate during an unpaid leave of absence,
except when such a leave is granted for a period of less than thirty
(30) calendar days; is granted because of illness or in�ury; is
granted to allow an employee to accept an appointment to the
unclassified service of the EMPLOYER or to an elected or appointed
full-time position with the UNION.
17.3 Seniority shall terminate when an employee retires, resigns, or is
discharged.
17.4 In the event it is determined by the EMPLOYER that it is necessary to
reduce the work force employees will be laid off by class title within
each Department based on inverse length of "Class Seniority". Employees
laid off shall have the right to reinstatement in any lower-paid class
title previously held, provided, employee has greater "Class Seniority"
than the employee being replaced.
17.5 The selection of vacation periods shall be made by class title based on
. length of "Class Seniority", sub�ect to the approval of the EMPLOYER.
- 19 -
ARTICLE XVIII - JURISDICTION
18.1 Disputes concerning work �urisdiction between and among unions is
recognized as an appropriate sub�ect for determination by the various
unions representing employees of the EMPLOYER.
18.2 The EMPIAYER agrees to be guided in the assignment of work jurisdiction
by any mutual agreements between the unions involved.
18.3 In the event of a dispute concerning the performance or assignment of
work, the unions involved and the EMPLOYER shall meet as soon as mutually
possible to resolve the dispute. Nothing in the foregoing shall restrict
the right of the EMPLOYER to accomplish the work as originally assigned
pending resolution of the dispute or to restrict the EMPLOYER'S basic
right to assign work.
18.4 Any employee refusing to perform work assigned by the EMPLOYER and as
clarified by Sections 18.2 and 18.3 above shall be subject to disciplinary
action as provided in Article 15 (DISCIPLINARY PROCEDURES) .
18.5 There shall be no work stoppage, slow down, or any disruption of work
resulting from a work assignment.
- 2 0 -
. P��U-�.�
ARTICLE XIX - SEPARATION
19.1 Employees having a probationary or regular employment status shall
be considered separated from employment based on the following
sections:
19.1.1 Resi�nation. Employees resigning from employment
shall give written notice fourteen (14) calendar
days prior to the effective date of the resignation.
19.1.2 Discharge. As provided in Article 15.
19.1.3 Failure to Report for DutY. As provided in Article 16.
19.2 Employees having a temporary or provisional employment status may
be terminated at the discretion of the EMPLAYER before the completion
of a normal work day.
- 21 -
ARTICLE XX - TOOLS
20.1 All employees shall personally provide themselves with the tools '
of the trade as listed in Appendix B.
- 22 -
. ��yd -���
ARTICLE XXI - GRIEVANCE PROCEDURE
21.1 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 EMPIAYER in writing of the aames of
the Stewards and of their successors when so named.
21.2 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 pro-
cessed during working hours, provided, the Steward and the employee
have notified and received the approval of their supervisor to be
absent to process a grievance and that such absence would not be
detrimental to the work programs of the EMPLOYER.
21.3 The procedure established by this ARTICLE shall be the sole and exclusive
procedure� except for the appeal of disciplinary action as provided by
15.3, for the processing of grievances, which are defined as an alleged
violation of the terms and conditions of this AGREEMENT.
21.4 Grievances shall be resolved in conformance with the following procedure:
Step 1. Upon the occurrence of an alleged violation of
this AGREEMENT, the employee involved shall attempt to
resolve the matter on an informal basis with the
- 23 -
�
ARTICLE XXI - GRIEVANCE PROCEDURE (continued)
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 EMPIAYER'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.
- 24 -
. �yo--���
ARTICLE XXI - GRIEVANCE PROCEDURE (continued)
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 EMPIAYER 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 EMPIAYER'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 EMPIAYER in Step 3, by written notice to the EMPLOYER,
request arbitration of the grievance. The arbitration
proceedings shall be conducted by an arbitrator to be
selected by mutual agreement of the EMPLOYER and the
UNION within seven (7) calendar days after notice has
been given. If the parties fail to mutually agree upon
an arbitrator within the said seven (7) day period,
either party may request the Public Employment Relation
Board to submit a panel of five (5) arbitrators. Both
- 25 -
ARTICLE XXI • GRIEVANCE PROCEDURE (continued)
the EMPIAYER and the UNION shall have the right to '
strike two (2) names from the panel. The UNION shall
strike the first (lst) name; the EMPIAYER shall then
strike one (1) name. The process will be repeated
and the remaining person shall be the arbitrator.
21.5 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 EMPIAYER and the UNION and shall have no authority
to make a decision on any other issue not so submitted. The
arbitrator shall be without power to make decisions contrary to or
inconsistent with or modifying or varying in any way the application
of laws, rules, or regulations having the force and effect of law.
The arbitrator's decision shall be submitted in writing within
thirty (30) days following close of the hearing or the submission
of briefs by the parties, whichever be later, unless the parties
agree to an extension. The decision shall be based solely on
the arbitrator's interpretation or application of the express
terms of this AGREEMENT and to the facts of the grievance
presented. The decision of the arbitrator shall be final and
binding on the EMPLOYER, the UNION and the employees.
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� ARTICLE XXI - GRIEVANCE PROCEDURE (continued) ������,
. 21.6 The fees and expenses for the arbitrator's services and proceedings
shall be borne equally by the EMPIAYER and the UNION, provided that
each party shall be responsible for compensating its own representative
and witnesses. If either party desires a verbatim record of the
proceedings� it may cause such a record to be made providing it pays
for the record.
21.7 The time limits in each step of this procedure may be extended by
mutual agreement of the EMPIAYER and the UNION.
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ARTICLE XXII - RIGHT OF SUBCONTRACT
22.1 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 EMPIAYER shall give
the UNION a ninety (90) calendar day notice of the intention to
subcontract.
22.2 The sub-contracting of work done by the employees covered by this
AGREEMENT shall in all cases by made only to employees who qualify
in accordance with Ordinance No. 14013.
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. (;�� y� l�i
ARTICLE XXIII - NONDISCRIMINATION
23.1 The terms and conditions of this AGREEMENT will be applied to
employees equally without regard to� or discrimination for or
against, any individual because of race, color, creed, sex,
age, or because of inembership or non-membership in the UNION.
23.2 Employees will perform their duties and responsibilities in a
non-discriminatroy manner as such duties and responsibilities
involve other employees and the general public.
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ARTICLE XXIV - SEVERABILITY
24.1 In the event that any provisions(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.
24.2 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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. ���-��i
ARTICLE XXV - WAIVER
� 25.1 The EMPLOYER and the UNION acknowledge that during the meeting
and negotiating which resulted in this AGREEMENT, each had the
right and opportunity to make proposals with respect to any
sub3ect concerning the terms and conditions of employment. The
agreements and understandings reached by the parties after the
exercise of this right are fully and completely set forth in
this AGREEMENT.
25.2 Therefore, the EMPLOYER and the UNION for the duration of this
AGREEMENT agree that the other party shall not be obligated to
meet and negotiate over any term or conditions of employment
whether specifically covered or not specifically covered by this
AGREEMENT. The UNION and the EMPLOYER may, however, mutually agree
to modify any provision of this AGREEMENT.
25.3 Any and all prior ordinances, agreements, resolutions, practices,
policies� and rules or regulations regarding the terms and
conditions of employment, to the extent they are inconsistent with .
this AGREEMENT, are hereby superseded.
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ARTICLE XXVI - CITY MILEAGE
26.1 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.
26.2 Method of Computation: To be eligible for such reimbursement, all
officers and employees must receive written authorization from the
Department Head.
�y'ype 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 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.
�pe 2 If an employee is required to use his/her own sutomobile
REGUTARLY during employment, the employee shall be reimbursed at the
rate of $3.00 per day for each day of work. In addition, the employee
shall be reimbursed $.15 per mile for each mile actually driven.
If such employee is required to drive an sutomobile during employment
and the department head or designated representative determines that
an employer vehicle is available for the employee's use but the employee
desires to use his/her own sutomobile, then the employee shall be reim-
bursed at the rate of $.15 per mile driven and shall not be eligible for
any per diem. �
26.3 The City will provide parking at the Civic Center Parking Ramp for City
employees on either of the above mentioned types of reimbursement plans
who are required to have their personal car available for City business.
Such parking will be provided only for the days the employee is required
to have his or her own personal car available.
26.4 Rules and Regulations: The Mayor shall adopt rules and regulations
governing the procedures for sutomobile 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 XXVII - SEVERANCE PAY
. ��IU-�I�/
27.1 The employer shall provide a severance pay program as set forth
in this Article.
27.2 To be eligible for the severance pay program, an employee must meet
the following requirements:
27.2.1 The employee must be 58 years of age or older or must be
eligible for pension under the "rule of 85" or "rule of
90" provisions of the Public Employees Retirement Association
(PERA) . The "rule of 85" or "rule of 90" criteria shall also
apply to employees covered by a public pension plan other
than PERA.
27.2.2 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.
27.2.3 The employee must have at least ten (10) years of consecutive
service under the classified or unclassified Civil Service at
the time of separation. For the purpose of this Article, employ-
ment in either the City or in the Independent School District
No. 625 may be used in meeting this ten (10) year service re-
quirement.
27.2.4 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.
27.2.5 The employee must have accumulated a minimum of sixty (60)
days of sick leave credits at the time of his separation
from service.
27.3 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,ject to a maximum of 200 accrued
sick leave days.
27.4 The maximum amount of money that any employee may obtain through this
severance pay program is $6,500.
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ARTICLE XXVII - SEVERANCE PAY (cont.)
27.5 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.
27.6 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.
27.7 The manner of payment of such severance pay shall be made in
accordance with the provisions of City Ordinance No. 11490.
27.8 This severance pay program shall be subject 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.
27.9 The provisions of this article shall be effective as of August 1, 1984.
27.10 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.
- 34 -
, �`" �°"q��
ARTICLE XXVIII - DURATION AND PLEDGE
28.1 The Employer and the Union acknowledge that during the meeting and
negotiating which resulted in this Agreement, each had the right and
opportunity to make proposals with respect to any subject concerning the
terms and conditions of employment. The agreements and understandings
reached by the parties after the exercise of this right are fully and
completely set forth in this Agreement. Any and all prior agreements,
resolutions� practices, policies or rules or regulations regarding the
terms and conditions of employment to the extent they are inconsistent
with this Agreement are hereby superseded. In those areas where Civil
Service Rules are consistent with this Agreement the Civil Service Rules
shall continue to be in effect.
28.2 Except as herein provided, this Agreement shall be effective as of the
date it is executed by the parties and shall continue in full force and
effect through July 18, 1992 and thereafter until modified or amended
by mutual agreement of the parties. If either party desires to
terminate or modify this Agreement, effective as of the date of
expiration, the party wishing to modify or terminate the Agreement
shall give written notice to the other party� not more than ninety (90)
or less than sixty (60) calendar days prior to the expiration date,
provided, that the Agreement may only be so terminated or modified
effective as of the expiration date.
28.3 In consideration of the terms and conditions of employment
established by this AGREEMENT and the recognition that the
GRIEVANCE PROCEDURE herein established is the means by which
. grievances concerning its application or interpretation may
- 35 - .
ARTICLE XXVIII - DURATION AND PLEDGE (continued)
be peacefully resolved, the parties hereby pledge that during
the term of the AGREEMENT:
28.3.1 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.
28.3.2 The EMPLOYER will not engage in, instigate, or
condone any lock-out of employees.
28.3.3 This constitutes a tentative agreement between the
parties which will be recommened by the City Negotiator,
but is sub,ject to the approval of the Administration of
the City and is also subject to ratification by the UNION.
AGREED to this ��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 representative for the EMPLOYER
and the UNION:
WITNESSES:
INTERNATIONAL BROTHERHOOD OF BOILERMAKERS,
IRON SHIPBUILDERS, BLACKSMITHS, FORGERS AND
CITY OF SAINT PAUL HELPERS, IADGE 647
� �
� :�� � ' �.
%� Labor Relations Mana Busin s Manag
Pe o nel Director
- 36 -
, � �a-�.��
APPENDIX A
The classes of positions recognized by the EMPLOYER as being
exclusively represented by the UNION are as follows:
Blacksmith Trainee
Boilermaker�
Blacksmith;
and other classes of positions that may be established by the EMPLOYER
where duties and responsibilities assigned comes within the jurisdiction �
of the UNION.
- A1 - '
. ��o����
APPENDIX B
The basic hourly wage rate for provisional� regular and probationary employees
appointed to the following classes of positions shall be:
Effective Effective Effective
July 15. 1989 July 14. 1990 ,Tuly 13. 1991
Boilermaker . . . . . . . . . . $18.57 $18.81 $19.05
Blacksmith . . . . . . . . . . . $18.57 $18.81 $19.05
Blacksmith Trainee
0 - 6 months . . . . . 608 of Boilermaker rate
7 - 12 months . . . . . 658 of Boilermaker rate
13 - 24 months . . . . . 708 of Boilermaker rate
after 24 months . . . . 758 of Boilermaker rate
The basic hourly wage rate for temporary employees appointed to the following
classes of positions shall be:
Effective Effective Effective
July 15. 1989 Tulv 14. 1990 Julv �13. 1991
Boilermaker . . . . . . . . . . $19.40 $19.65 $19.90
Blacksmith . . . . . . . . . . . $19.40 $19.65 $19.90
Blacksmith Trainee
0 - 6 months . . . . . 608 of Boilermaker rate
7 - 12 months . . . . . 65$ of Boilermaker rate
13 - 24 months . . . . . 708 of Boilermaker rate
after 24 moaths . . . . 758 of Boilermaker rate
- 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 for such employees in
such classes divided by 1.0448$.
The basic hourly wage rate for regular employees appointed to the following
classes of positions, who are receiving the Fringe Benefits listed in Article
12.2 shall be:
,-.
� Effective Effective Effective
Julv 15. 1989 ,Tulv 14. 1990 July 13. 1991
Blacksmith . . . . . . . . . . . $18.62 * *
Blacksmith Trainee
0 - 6 months . . . . . 608 of General Blacksmith
7 - 12 months . . . . . 658 of General Blacksmith
13 - 24 months . . . . . 708 of General Blacksmith
after 24 months . . . . 758 of General Blacksmith �
The July 14� 1990 and the July 13� 1991 hourly wage rates in this contract
will be the rates as shown below less the cost of sick leave usage for 1989
and 1990 respectively and less the cost of health and life insurance for the
periods August� 1989 through July� 1990 and August. 1990 through July 1991
respectively and less the cost of vacation and pension for 1990 and 1991
respectively incurred by the employer for employees in this bargaining unit.
Julv 14. 1990 July 13. 1991
Blacksmith $24.00 $24.55
- B1 -
� �-la �i�/
APPENDIX C
Effective July 15, 1989, the Employer shall:
(1) contribute $2.25 per hour for all hours worked by participating employees
as defined in Articles 12.3� 12.4 and 12.5 of this Agreement to a alth
and Welfare Fund.
(2) contribute $1.35 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
Yension Fund. Effective July 14, 1990 this contribution shall be
increased by $.10 per hour and effective July 13� 1991 this contribution
shall be increased by $.OS per hour.
(3) contribute $.10 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
Journeyman and Apprenticeship Traininp Fund.
(4) contribute $.40 per hour for all hours worked by particip�ting employees
as defined in Articles 12.3� 12.4 and 12.5 of this Agreement to a
Boilermakers AnnuitY Trust Fund. Effective July 14� 1990 this
contribution shall be increased by $.25 per hour and effective July 13,
1991 this contribution shall be increased by $,25 per hour.
(5) Deduct $1.05 per hour for all hours worked by participating employees as
defined in Articles 12.3� 12.4 and 12.5 of this Agreement. Monies
deducted shall be forwarded to the Union's Vacation Fund.
All contributions made in accordance with this Appendix shall be forwarded to
depositories as directed by the Union.
The Employer shall establish Workman's Compensation and Unemployment
Compensation programs as required by Minnesota Statutes.
Participating employees as defined in Articles 12.3� 12.4 and 12.5 covered by
this Agreement� shall not be eligible for� governed by� or accumulate
vacation� -aick leave� holiday� funeral leave, jury duty, or insurance fringe
benefits that are or may be established by Civil Service Rules, Council
Ordinance, or Council Resolution.
The Employer's fringe benefit obligation to participating employees as defined
in Articles 12.3, 12.4 and 12.5 is limited to the contributions and/or
deductions established by this Agreement. The actual level of benefits
provided to employees shall be the responsibility of the Trustees of the
various funds to which the Employer has forwarded contributions and/or
deductions.
- C 1 -