90-932 � � I (� � ��� lJ I_ '1 Council File # �-
u f <<) �
�,�'` Green Sheet #
RESOLUTION
� C� OF SAINT PAUL, MINNESOTA
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Presented By ' � �j ` z
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 20 representing Plasterer
Inspectors.
eaa Navs Absent Requested by Department of:
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on �'— Office of Personnel and Labor Relations
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Adopted by Council: Date JUN i 2 1990 Form oved by City Attorney
Adoption Certified by Council Secretary By:
By° Approved by Mayor for Submission to
PP Y Y /�/��/�� JUN i 2 1. .�uI1Ci1
A roved b Ma or: Date ��
,
BY� i�//�/"f��!t'�.1/'�� By: �
PUBUSHEO �u N 2 3 i 9 90
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oft��t �f 2.2.3�� 14 3
Preaons��l, a d 3.sbor Re t ons 0 - k+. ��� '���� ' �y��
oo�rt,►cr reM�a� . ar;�eiM1��wecr+o� arr�.
James C. Lo�bardi 242-73Q1 atr�►t�t+r ��."
° r�ubaRON�rqA.; �� s�C� an.
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TOT1LL w�1f�1AT�11�I�AIf��.�,_..},..._... (iX.lr At,t I�:AI'fON�l�0��lM�MR'�1 .
This rasolutio� approvea � 9 yeir agreeoent betweeA the City of 8airt Piul and t�e
Operative Plasterers snd Ceseat-Maso� `�"nierttation�i`Aesociation, Local 20. The
contract period runa from June 1, 1989 '�hraugh l�ay 30, 1992.
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��KAMNpO QOMMNMQM �,�All�NNMI��MOl� A� " MIDIi�
_.�. � �`1990
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The curreAt contract expired on Maq 30, 1989 .
�
1. New houre of work language was added changing the �or�ual work day from 8 hours beC�,i�en
7:00 a.:m. and 5:30 p.m. to 8 hours between 7s00 a,m: and ?:00 p.m.
2. Langusge wae added' allawing for tbe e�change �of rbs Cal�qbus Day hol;�day for, �he day
after Thankagi�ing at the 8mployer's, diicretion.
3. $aeaiority language w:s chaaged to reflect layoffs ,by "Clasb Seniorit�" and rei�state�ent
in any previously treld lower paid clss� title cavt�red by the Agreement. Before layo#fs
we�re by "Master Seniority" and-did not indicate reins�ate�ent in a pXeviously �eld la+re�
' paid cla�s title.
��o�o:
.. . . . ... . . . .. � . � �i..:. . .. . � .
None �
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on+�ov��Mo�r�rwio�a
Possible strike cr arbftration. ��1
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�i'TY C�:ERK ' �AY ��„� `
mr���o�n�r�oM • 3,640 � , .q�n��rut��1ow�u qM4 .� .�q
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w�0 sc�cs ��r ious ��
awwa�r�4►t���w!
See attached �N/
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Attachment to Green Sheet
Financial Information
l. Number of employees affected: 1
2. Current 1988-89 total package costs: $45,073
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: $3,640
These figures reflect total package increases of 2.3$ in 1989-90, 2.70$ in
1990-91 and 2.85� in 1991-92. The total cost of the 3 year agreement
reflects an 8.1� over the 1988-89 total package costs.
� ���a_93�
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 13
XIV Selection of Foreman and General Foreman 14
XV Holidays 15
XVI Disciplinary Procedures 17
XVII Absences From Work 18
XVIII Seniority 19
XIX Jurisdiction 20
X.�: Separation 21
XXI Tools 22
XXII Grievance Procedure 23
XXIII Right of Subcontract 27
XXIV Nondiscrimination 28
XXV Severability 29
XXVI Waiver 30
XXVII City Mileage 31
XXVIII ' Duration and Pledge 32
Appendix A A1
Appendix B B1
Appendix C C1
Appendix D D1
Appendix E E1
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�qa-�.��
.
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 Local 20 hereinafter referred to
as the UNION.
The EMPLOYER and the UNION concur that this AGREEMENT has as its
objective the promotion of the responsibilities of the City of Saint Paul
for the benefit of the general public through effective labor-management
cooperation.
The EMPLOYER and the UNION both realize that this goal depends not
only on the words in the AGREEMENT but rather primarily on attitudes between
people at all levels of responsibility. Constructive attitudes of the
EMPLOYER, the UNION, and the individual employees will best serve the needs of
the general public.
- iii -
C��a-�3�
ARTICLE I - PURPOSE
� 1.1 The EMPLOYER and the UNION agree that the purpose for entering into
this AGREEMENT is to:
1.1.1 Achieve orderly and peaceful relations, thereby establishing a
system of uninterrupted operations and the highest level of
employee performance that is consistent with the safety and
well-being of all concerned;
1.1.2 Set forth rates of pay, hours of work, and other conditions of
employment as have been agreed upon by the EMPLOYER and the UNION;
1.1.3 Establish procedures to orderly and peacefully resolve disputes as
to the application or interpretation of this AGREEMENT without
loss of manpower productivity.
1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a
supplement to legislation that creates and directs the EMPLOYER. If any
part of this AGREEMENT is in conflict with such legislation, the latter
shall prevail. The parties, on written notice, agree to negotiate that
part in conflict so that it conforms to the statute as provided by
Article 25 (SEVERABILITY) .
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ARTIC'LE II - RECOGNITION
2.1 The EMPLOYER recognizes the UNION as the exclusive representative for ,
collective bargaining purposes for all personnel having an employment
status of regular, probationary, provisional and temporary employed
in the classes of positions defined in 2.2 as certified by the
Bureau of Mediation Services in accordance with Case No. 73-PR-476-A
dated April 13, 1973.
2.2 The classes of positions recognized as being exclusively represented by
the UNION are as listed in Appendix A.
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�lo �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.
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ARTICLE IV - UNION RIGHTS
4.1 The EMPIAYER 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 EMPIAYER from any
and all claims or charges made against the EMPLAYER 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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. �-.�o -�3�
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 EMPIAYER 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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�, �o �3�
� ARTICLE VII - PHILASOPHY OF EMPLOYMENT AND COMPENSATION
. 7.1 The EMPIAYER and the UNION are in full agreement that the philosophy of
employment and compensation shall be a "cash" hourly wage and
"industry" fringe benefit system.
7.2 The EMPLOYER shall compensate employees for all hours worked at the
basic hourly wage rate and hourly fringe benefit rate as found in
Articles 12 (WAGES) and 13 (FRINGE BENEFITS) .
7.3 No other compensation or fringe benefit shall be accumulated or earned
by an employee except as specifically provided for� in this AGREEMENT;
except those employees who have individually optioned to be
"grandfathered" as provided by 12.2.
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ARTICLE VIII - HOURS OF WORK
8.1 The norraal work day shall be eight (8) consecutive hours per day,
excluding a thirty (30) minute lunch period between 7:00 a.m, and
7:00 p.m.
8.2 The normal work week shall be five (5) consecutive normal work days
Monday through Friday.
8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER'S
3udgment 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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�F"�a-�3�'
ARTICLE IX - OVERTIME
9.1 All overtime compensated for by the EMPLOYER must receive prior
authorization from a designated EMPIAYER supervisor. No overtime work
claim will be honored for payment or credit unless approved in advance.
An overtime claim will not be honored, even though shown on the time
card, unless the required advance approval has been obtained.
9.2 fihe overtime rate of one and one-half (1.5) the basic hourly rate shall
be paid for work performed under the following circumstances:
9.2.1 Time worked in excess of eight (8) hours in any one normal work
day and,
9.2.2 Time worked on a sixth (6th) day following a normal work week.
9.3 The overtime rate of two (2) times the basic hourly rate shall be paid
for work performed under the following circumstances:
9.3.1 Time worked on a holiday as defined in Article 15 (HOLIDAYS) ;
9.3.2 Time worked on a seventh (7th) day following a normal work week.
9.3.3 Time worked in excess of twelve (12) consecutive hours in a
twenty-four (24) hour period, provided, that all "emergency" work
required by "Acts of God" shall be compensated at the rate of
one and one-half (1.5) .
9.4 For the purposes of calculating overtime compensation overtime hours
worked shall not be "pyramided", compounded, or paid twice for the same
hours worked.
9.5 Overtime hours worked as provided by this ARTICLE shall be paid in
cash or in compensatory time at the option of the EMPLOYER.
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ARTICLE X - CALL BACK
10.1 The EMPLOYER retains the right to call back employees before an
employee has started a normal work day or normal work week and after an
employee has completed a normal work day or normal work week.
10.2 Employees called back shall receive a minimutn of four (4) hours pay at
the basic hourly rate.
10.3 The hours worked based on a call-back shall be compensated in
accordance with Article 9 (OVERTIME) , when applicable, and subject to
the minimum established by 10.2 above.
10.4 Employees called back four (4) hours or less prior to their normal work
day shall complete the normal work day and be compensated only for the
overtime hours worked in accordance with Article 9 (OVERTIME) .
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. G�yo����
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 Regular, provisional and temporary employees shall be compensated in
accordance with Article 12.1 (WAGES) and have fringe benefit
contributions and/or deductions made in their behalf as provided for
by Article 13 (FRINGE BENEFITS) .
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_ �.�o -���
ARTICLE XIII - FRINGE BENEFITS
13.1 The EMPLOYER shall make contributions on behalf of and/or make
deductions from the wages of employees covered by this AGREEMENT in
accordance with Appendix D for all hours worked.
� .
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ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN
14.1 The selection of personnel for the class of position Foreman shall
remain solely with the EMPLOYER.
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� ARTICLE XV - HOLIDAYS (i�- <� ���
15.1 The following ten (10) days shall be designated as holidays:
New Year's Day, January 1
Martin Luther King Day, third Monday in January (effective 1986)
Presidents' Day, third Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, first Monday in September
Colwnbus 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 j 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) .
15.5 Employees assigned to work on Martin Luther King Day, Presidents' Day,
Columbus Day or Veterans' Day shall be compensated on a straight time
basis for such hours worked.
15.6 Employees assigned to work on New Year's Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated
at the rate of two (2) times the basic hourly rate for such hours
worked.
15.7 Notwithstanding Article 15.1, the Employer may at anytime during the life
of this Agreement designate the day after Thanksgiving as a holiday. In
the event of such designation, the Columbus Day holiday shall be deleted
- 15 -
ARTICLE XV - HOLIDAYS (continued)
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 C�O—�% 'Z
16.1 The EMPIAYER shall have the right to impose disciplinary actions on
employees for 3ust 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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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
� �a ���
. 18.1 Seniority, for the purposes of this AGREEMENT, shall be defined as
follows:
18.1.1 "Master Seniority" - The length of continuous regular
and probationary service with the EMPLOYER from the last
date of employment in any and all class titles covered
by this AGREEMENT.
18.1.2 "Class Seniority" - The length of continuous regular and
probationary service with the EMPLOYER from the date an
employee was first appointed to a class title covered by
this AGREEMENT.
18.2 Seniority shall not accumulate during an unpaid leave of absence,
except when such a leave is granted for a period of less than thirty
(30) calendar days; is granted because of illness or injury; is granted
to allow an employee to accept an appointment to the unclassified
service of the EMPLOYER or to an elected or appointed full-time position
with the UNION.
18.3 Seniority shall terminate when an employee retires, resigns, or is
discharged.
18.4 In the event it is determined by the EMPLOYER that it is necessary to
reduce the work force, employees will be laid off by class title within
each department based on inverse length of "Class Seniority". 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.
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ARTIC�.E XIX - JURISDICTION
19.1 Disputes concerning work �urisdiction between and among unions is
recognized as an appropriate sub�ect to determination by the various
unions representing employees of the EMPLOYER.
19.2 The EMPLOYER agrees to be guided in the assignment of work 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 EMPLOYER to accomplish the work as originally assigned
pending resolution of the dispute or to restrict the EMPLOYER'S basic
right to assign work.
19.4 Any employee refusing to perform work assigned by the EMPLOYER and as
clarified by Sections 19.2 and 19.3 above shall be sub,ject 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.
- 20 -
� ARTICLE XX - SEPARATION ��0���
, 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 gnation. Employees resigning from employment
shall give written notice fourteen (14) calendar
days prior to the effective date of the resignation.
20.1.2 Discharge. As provided in Article 16.
20.1.3 Failure to Report for Duty. 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.
- 21 -
ARTICLE XXI - TOOLS
21.1 All employees shall personally provide themselves with the tools of the
trade as listed in Appendix B.
- 22 -
��90 -y3�
ARTICLE XXII - GRIEVANCE PROCEDURE
22.1 The employer shall recognize Stewards selected in accordance with UNION
rules and regulations as the grievance representative of the bargaining
unit. The UNION shall notify the EMPLOYER in writing of the names of
the Stewards and of their successors when so named.
22.2 It is recognized and accepted by the EMPLOYER and the UNION that the
processing of grievances as hereinafter provided is limited by the job
duties and responsibilities of the employees and shall therefore be
accomplished during working hours only when consistent with such employee
duties and responsibilities. The Steward involved and a grieving
employee shall suffer no loss in pay when a grievance is processed
during working hours, provided, the Steward and the employee have
notified and received the approval of their supervisor to be absent to
process a grievance and that such absence would not be detrimental to
the work programs of the EMPLOYER.
22.3 The procedure established by this ARTICLE shall be the sole and exclusive
procedure, except for the appeal of disciplinary action as provided by
16.3, for the processing of grievances, which are defined as an alleged .
violation of the terms and conditions of this AGREEMENT.
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ARTICLE XXII - GRIEVANCE PROCEDURE (continued)
22.4 Grievances shall be resolved in conformance with the following procedure:
te 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.
te 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.
- 24 -
ARTICLE XXII - GRIEVANCE PROCEDURE (continued) � �Q�3�'
Step 3. Within seven (7) calendar days following receipt of a grievance
referred from Step 2 a designated EMPLOYER supervisor shall
meet with the UNION Business Manager or his designated
representative and attempt to resolve the grievance. Within
seven (7) calendar days following this meeting the EMPLOYER
shall reply in writing to the UNION stating the EMPLOYER'S
answer concerning the grievance. If, as a result of the
written response the grievance remains unresolved, the UNION
may refer the grievance to Step 4. Any grievance not referred
to in writing by the UNION to Step 4 within seven (7) calendar
days following receipt of the EMPLOYER'S answer shall be
considered waived.
Step 4. If the grievance remains unresolved, the UNION may within
seven (7) calendar days after the response of the EMPLOYER in
Step 3, by written notice to the EMPLOYER request arbitration
of the grievance. The arbitration proceedings shall be
conducted by an arbitrator to be selected by mutual agreement
of the EMPLOYER and the UNION within seven (7) calendar days
after notice has been given. If the parties fail to mutually
agree upon an arbitrator within the said seven (7) day period,
either party may request the Public Employment Relations Board
to submit a panel of five (5) arbitrators. Both the EMPLOYER
. and the UNION shall have the right to strike two (2) names
from the panel. The UNION shall strike the first (lst) name;
the EMPLOYER shall then strike one (1) name. The process
. will be repeated and the remaining person shall be the arbitrator.
- 25 -
ARTIC�LE 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 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 EMPIAYER, 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 cancels an arbitration hearing or asks
for a last-minute postponement that leads to the arbitrators making a
change, the canceling party or the party asking for the postponement
shall pay this charge. 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 �� 7��`73 �
. 23.1 The EMPLOYER may, at any time during the duration of this AGREEMENT,
contract out work done by the employees covered by this AGREEMENT. In
the event that such contracting would result in a reduction of the work
force covered by this AGREEMENT, the EMPLOYER shall give the UNION a
ninety (90) calendar day notice of the intention to subcontract.
23.2 The sub-contracting 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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. �,=90 -�3�
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
suthority from whose finding, determination, or decree no appeal is
taken, such provision(s) shall be voided. All other provisions shall
continue in full force and effect.
25.2 The parties agree to, upon written notice, enter into negotiations to
place the voided provisions of the AGREEMENT in compliance with the
legislative, administrative, or judicial determination.
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ARTICLE XXVI - WAIVER
26.1 The EMPLOYER and the UNION acknowledge that during the meeting and
negotiating which resulted in this AGREEMENT, each had the right and
opportunity to make proposals with respect to any subject concerning
the terms and conditions of employment. The agreements and understandings
reached by the parties after the exercise of.this right are fully and
completely set forth in this AGREEMENT.
2b.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 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 followir►g 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.
�,vve 2. If an employee is required to use his/her own sutomobile
REGULARLY during employment, the employee shall be reimbursed at the
rate of $3.00 per day for each day of work. In addition, the employee
shall be reimbursed $.15 per mile for each mile actually driven.
If such employee is required to drive an sutomobile during employment
and the department head or designated representative determines that
an employer vehicle is available for the employee's use but the employee
desires to use his/her own 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 Regulations: The Mayor shall adopt rules and regulations
governing the procedures for automobile reimbursement, which regulations
and rules shall contain the requirement that recipients shall file daily
reports �ndicating miles driven and shall file monthly affidavits stating
the number of days worked and the number of miles driven, and further
require that they maintain automobile liability insurance in amounts of
not less than $100,000/$300,000 for personal injury, and $25,000 for
property damage, or liability insurance in amounts not less than $300,000
single limit coverage, with the City of Saint Paul named as an additional
• insured. These rules and regulations, together with the amendment thereto,
shall be maintained on file with the City Clerk.
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ARTICLE XXVIII - DUR.ATION AND PLEDGE
29.1 The Employer and the Union acknowledge that during the meeting and
negotiating which resulted in this Agreement, each had the right and
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.
29.2 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 May 31, 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.
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
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ARTICLE XXVIII - DURATION AND PLEDGE (continued)
�y� ���
. 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.
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 subject to the
approval of the Administration of the City and the City Council
and is also subject to ratification by the UNION.
AGREED to this ��t�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 20
� %.
;_. � z _ .
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lations Mana er - Business Repres ��tive
\`~ �C�
Per nel Director
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��o �3�
APPENDIX A
The classes of positions recognized by the EMPLOYER as being exclusively
represented by the UNION are as follows:
Plasterer
Plasterer Inspector
and other classes of positions that may be established by the EMPLOYER where
the duties and responsibilities assigned comes within the jurisdiction of
the UNION.
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APPENDIX B
� All necessary hand tools.
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. ��°"�`�z
' APPENDIX C
The basic hourly wage rate for provisional, regular and probationary employees
appointed to the following classes of positions shall be:
Effective Effective Effective
6-03-89 -6 02-90 6-01-91
Plasterer . . . . . . . . . $16.65* $17.23* $17.85*
Plasterer Inspector
lst Step $16.65* $17.23* $17.85*
2nd Step 17.37* 17.95* 18.57*
3rd Step 19.46* ** **
The basic hourly wage rate for temporary employees appointed to the following
classes of positions shall be:
Effective Effective Effective
6-03-89 -6 02-90 6-01-91
Plasterer . . . . . . . . . . $17.40* $18.00* $18.65*
Plasterer Inspector
lst Step $17.40* $18.00* $18.65*
2nd Step 18.15* 18.75* 19.40*
3rd Step 20.33* ** **
*This rate includes the $1.50 taxable contributions.
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.
**The June 2, 1990 and June 1, 1991 temporary 3rd step hourly wage rates shall
be the average of the 1990 and 1991 temporary rates respectively used for
the Carpenter Foreman, Electrician Foreman, Plumber Foreman, Plasterer
Foreman and Sheet Metal Foreman.
The June 2, 1990 and June 1, 1991 regular and provisional 3rd step rates shall
be the temporary rates divided by 1.0448.
All Plasterer Inspectors shall be paid the appropriate step in accordance with
Section I (one) , Subsection J of the Saint Paul Salary Plan and Rates of
Compensation.
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APPENDIX D
Effective June 1, 1989, the Employer shall:
(1) contribute $1.50 per hour from which payroll deductions have been made
for all hours worked by employees covered by this Agreement to a union
designated Vacation Fund.
(2) contribute $2.45 per hour for all hours worked by employees covered by
this Agreement to the Pension Fund.
(3) contribute $2.25 per hour for all hours worked by employees covered by
this Agreement, and forward to a Welfare Fund.
(4) contribute $.02 per hour for all hours worked by employees covered by
this Agreement to the Journevman and Apprenticeship Training Funds.
The above contributions in this Appendix "D" may be decreased or increased as
long as the applicable hourly rates in Appendix "C" are decreased or increased
by the same total amount.
All contributions and deductions 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.
The Employer's fringe benefit obligation to employees 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.
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.
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APPENDIX E
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T WORKING CONDITIONS FOR PLASTERER INSPECTOR
, As a result of the 1974 settlement, the Parties have established
craft-determined rates for Plasterer Inspectors, with the specific
understanding that such agreement is restricted to establishing rates of
pay for such classification.
It is, consequently, agreed that the Employer in applying Article III -
EMPLOYER RIGHTS of the MAINTENANCE LABOR AGREEMENT, shall have the right to
operate the Department in the same manner as heretofore, with management
rights unaffected, and that the establishment of separate rates for these
classifications as well as for Inspector classifications in other Bargaining
Units, may not result in disputes over assignments or over rates of pay for
work performed, nor will any �urisdictional claims or restrictions be
asserted by the Union because members of various Inspector classifications
are assigned to work which is also performed by other Inspector
classifications.
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