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90-1589 Council File # �d —,C� � "�l �� '" � �� Green Sheet 4992 # RESOLUTION r CITY OF SAINT PAUL, MINNESOTA Preaented By Referred To Committee: Date RESOLVED, That the Council of the City of Saint Paul hereby approves and ratifies t e attached 1990 agreement between the City of Saint Paul and the Plumbe s, Local 34. a Navs Absent Requested by Department of: zmo o w �, Office of Personnel and Labor Relations cc ee �,� „ e m � // �'iusin By: � � � ,��C�� . Adopted by Council: Date SEP � 3 1990 Fo pp ved City Attorney Adoptio ertified b Council Secretary By. _� $y° Approved by Mayor for Submission to uncil Approved by Mayor: Date C � 19� - By: gY; �� UBt1SHED S E P 2 21994 ��— ,cs-�y ATTACHMENT TO GREENSHEET I. Financial I formation A. Number o employees affected: 10 B. Approxim te cost of wages and benefits for 5-89 thru 4-90: $529,360 C. Increase cost of wages and benefits for 5-90 thru 4-91: $18,720 D. Total co t of wages and benfits for 5-90 thru 4-91: $548,080 E. Total co t of increase of wages and benefits: $.90 per hour or 3.5� With the Buildin Trades we traditionally negotiate a total package increase. This is then dis ributed as agreed upon. TO CIT COUNCIL COMMITTEE: a FINA CE,MANAGEMENT&PERSONNEL ❑ HO SING 8�ECONOMIC DEVELOPMENT ❑ H USING 8�REDEVELOPMENTAUTHORITY ❑ UMAN SERVICES,REGULATED INDUSTRIES, ND RULES AND POLICY � INTERGOVERNMENTAL RELATIONS NEIGHBORHOOD SERVICES PUBLIC WORKS, UTILITIES 8�TRANSPORTATION ACTION ❑ OTHER DATE FROM ��c�� 9� -�..�� DEPAR'TMENTIOFFlCEIOOUNqL O f 1 C t' O f DATE INITWTED Personnel and Labor Relation 8-17-90 GREEN SHEET�� . 4�� cavr�cr r�RSOri a�e o�,�arM�r a�croR �cm oouwc�� James C. Lombardi' 292-730 �� n�� s;,��'F4�4"`�� MU8T BE ON COUNqL AOENDA BY(DA ROUTMRi �BUDQET DIRECTOR �FIN.8 MOT.SERVN;ES�R. �MAYOR(OR A8818TANT) � TOTAL�OF SIQNATURE PA (CLIP ALL LOCATIONS FOR SIGNATUR� ACT10N REQUESTED: This resolution a proves one year contract between the City of Saint Paul and the Plmmbers, Local 3 . RECOMMENDATIONS:Apprare(l y a (Fq COUNGL COMMt H REPORT OPTIONAL ANALYST PNONE NO. _PLANNINO COMMISSION L BERVICE MISSION _p8 COMMITfEE (�OMMENT8: _BTAFF _DISTRICT COURT _ 8UPPORTB WHICH WUNqL OBJECTIVE? C�T`� �I�fE��t`�� INIT1A71N0 PF�BLEM,ISSUE,OPPORTUNI (Who,What, ,Whers,Wh�: Current contract e pired A ril 30, 1990. ADVANTAt�ES IF APPROVED: See attachment. as,wv�r�rnoes iF n�ROVEO: None. D18ADVANTA(iE81F NOT APPROYED: Possible strike or a bitrati n. R�c�ivEo AUG3 41990 �0ur'�� ,'�, C�►►t� G1TY CLERK AUG �� ..�.,,, TOTAL AMOUNT OF TRANSACTI�1 �$ �2� COST/REVENUE BUDQETED(CIRCLE ON� O NO FUNDMIO SOURCE various ACTIVITY NUMSER FINANqAL INFORAAATION:(IXPIAII� See attachment � w NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL MANUAL AVAILABLE IN THE PURCHASING OFFlCE(PHONE NO. 298-4225). ROUTING ORDER: Below are preferred routings for the frve most frequent types of documents: CONTRACTS (assumes suthorized CO�INGL RESOLUTION (Amend, BdgtsJ budget exists) Accept.arants) 1. Outside Agency 1. Department Director 2. Initiating Department 2. Budget Director 3. City Attomey 3. Gty Attorney 4. Mayor 4. Mayor/Assistant 5. Finance&Mgmt Svcs. Director 5. Gty Council 6. Finance Accounting 6. Chief Accountant, Fn &Mgmt Svcs. ADMINISTRATIVE ORDER (Budget COUNCIL RESOLUTION (all others) Revlsion) and ORDINANCE 1. Activiry Manager 1. Initiating Department Director 2. Department Accountant 2• City Attomey 3. Department Director 3. MayoNAssistant 4. Budget Director 4. City Council 5. City Clerk 6. Chief Accountant, Fin 8�Mgmt Svcs. ADMINISTRATIVE ORDERS (all others) 1. Initiating Department 2. City Attorney 3. Mayor/Assistant 4. City Clerk TOTAL NUMBER OF SIGNATURE PAGES Indicate the#of pages on which signatures are required and Paperc�iP each of these psges. ACTION REQUESTED Describe what the project/request seeks to accompliah in either chronologi- cal order or order of importance,whichever fs most appropriate for the issue. Do not write complete sentences. Begin each item in your list with a verb. RECOMMENDATIONS Complete if the ias�e in question has been preseMed before any body, public or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indfcate which Council objective(s)your projecUrequest supports by listing the key word(s)(HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDOET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) COUNCIL COMMITTEE/RESEARCH REPORT-OPTIONAL AS REQUESTED BY OOUNCIL INITIATING PROBLEM, ISSUE,OPPORTUNITY Explain the situation or conditions that created a need for your project or request. ADVANTAGES IF APPROVED Indicate whether this is simply an annual budget procedure required by law/ charter or whether there are speciflc ways in which the Gry of Saint Paui and its citizens will beneftt from this pro��t/action. DISAD�fANTA�'a,ES;l�A�!PR01fED�' ` What negative effects or major changes to existing or past prxesses might this p�rojecUrequ.est produce if it is passed(e.g.,traffic delays, noise, tax increases or a�ments)?To Whom?When?For how long? DISADVANTAGES IF NOT APPROVED What will be the negative conaequences if the promised action is not approved? Inabiliry to deliver service? Continued high traffic, noise, accident rete?Loss of revenue? FINANCIAL IMPACT Afthough you must tailor the information you provide here to the issue you are addressing, in general you must answer two questfons: How much is it going to cwst?Who is going to pay7 , �o-i.s�� INDEX CL E PAGE P eamble iii I P rpose 1 II R cognition 2 III E ployer Rights 3 IV U ion Rights 4 V S ope of the Agreement 5 VI P bationary Periods 6 VII P ilosophy of Employment and Compensation 7 VIII Ho rs of Work 8 IX rtime 9 X Ca 1 Back 10 XI Wo k Location, Residency 11 XII Wa es 12 XIII Fr nge Benefits 15 XIV Se ection of Foreman and General Foreman 16 XV Se erance Pay 17 XVI Ho idays 19 XVII Di ciplinary Procedures 21 XVIII Ab ences From Work 22 XIX Se iority 23 XX Ju isdiction 24 XXI Se aration 25 XXII To ls 26 XXIII Gr evance Procedure 27 XXIV Ri ht of Subcontract 32 XXV No -discrimination 33 XXVI Se erability 34 XXVII Wa'ver 35 XXVIII Ci y Mileage Plan 36 XXIX Sa ety 37 XXX Le al Services 38 XXXII Du ation and Pledge 39 App ndix A A1 App ndix B gl App ndix C C1 App ndix D D1 App ndix E E1 - ii - , �d-�� P R E A M � � � This AGREEM NT is entered into between the City of Saint Paul, herein- after referred t as the EMPIAYER and the United Association Plumbers Local 34 hereinafter refe red to as the UNION. The EMPLOYE and the UNION concur that this AGREEMENT has as its objective the pro otion of the responsibilities of the City of Saint Paul for the benefit o 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 lev ls of responsibility. Constructive attitudes of the EMPLOYER, the UNI N, and the individual employees will best serve the needs of the general publi . - iii - - ��'1.��1 ARTICLE I - PURP SE 1.1 The EMPLOY and the UNION agree that the purpose for entering into this AGREEM NT is to: 1.11 Achiev orderly and peaceful relations, thereby establ shing a system of uninterrupted operations and th highest level of employee performance that is con istent with the safety and well-being of all co erned; 1.12 Set for h rates of pay, hours of work, and other conditi ns of employment as have been agreed upon by the PLOYER and the UNION; 1.13 Establi h procedures to orderly and peacefully resolve disputes as to the application or inter- pretati n of this AGREEMENT without loss of manpowe productivity. ` 1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a supplement t legislation that creates and directs the EMPLOYER. If any part of his AGREEMENT is in conflict with such legislation, the latter shall revail. The parties, on written notice, agree to negotiate tha part in conflict so that it conforms to the statute as provided b Article 26 (SEVERABILITY) . - 1 - ARTICLE II - RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, temporary, and emergency 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-527-A dated May 11, 1973 and Case No. 86-PR-951 dated May 14, 1986. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. - 2 - , ARTICLE III - PIAYER RIGHTS �� 3.1 The EMPLOY retains the right to operate and manage all manpower, ' facilities, and equipment; to establish functions and programs; to set and end budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, irect, and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this AGR EMENT. 3.2 Any "term o condition of employment" not established by this AGREEMENT s all remain with the EMPLOYER to eliminate, modify, or establish following written notification to the UNION. - 3 - 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. 4.11 The EMPLOYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any other labor organization. 4.12 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 23 (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 - . ��-�s�� ARTICLE V - SCOP OF THE AGREEMENT 5.1 This AGREEM NT establishes the "terms and conditions of employment" defined by .S. 179.63, Subd. 18 for all employees exclusively represented by the UNION. This AGREEMENT shall supersede such "terms and onditions of employment" established by Civil Service Rule, Counc 1 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. 6.11 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 23 (GRIEVANCE PROCEDURE) . 6.12 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. 6.21 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 EMPIAYER without appeal to the provisions of Article 23 (GRIEVANCE PROCEDURE) . 6.22 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 - PH IASOPHY OF EMPLOYMENT AND COMPENSATION �� 7.1 The EMPLOYE and the UNION are in full agreement that the philosophy � of employme t and compensation shall be a "cash" hourly wage and "industry" ringe benefit system. 7.2 The EMPLOYE 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 com ensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this AGREEMENT; e cept those employees who have individually optioned to be "grand athered" 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 between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER'S judgment to establish second and third shifts or a work week of other than Monday through Friday, the UNION agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.6 All employees are 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 - _ ��-�� ARTICLE IX - OVE TIME 9.1 Time on the payroll in excess of the normal hours set forth above shall be "o ertime work" and shall be done only by order of the head of the department. An employee shall be recompensed for work done in exc ss of the normal hours by being granted compensatory time on a t me-and-one-half basis or by being paid on a time-and- one-half ba is for such overtime work. The basis on which such overtime sh 11 be paid shall be detern�ined solely by the EMPLOYER. 9.2 The rate of ne and one-half (1 1/2) the basic hourly rate shall be the overtime rat for work performed under the following circwnstances: 9.21 Time wo ked in excess of eight (8) hours in any one normal work day and; 9.22 Time wo ked in excess of 40 hours in a seven (7) day per od. 9.3 For the purp se of calculating overtime compensation overtime hours worked shall not be "pyramided" , compounded, or paid twice for the same hours w rked. 9.4 Overtime hou s worked as provided by this ARTICLE shall be paid in cash or compensat ry time as determined by the Employer. - 9 - ARTICLE X - CALL BACK 10.1 The EMPLOYER retains the right to call back employees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 10.2 Employees called back shall receive a minimum of four (4) hours pay at the basic hourly rate. � 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9 (OVERTIME) , when applicable, and sub�ect to the 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 - 9 ° �tiT�y' ARTICLE XI - WO LOCATION, RESIDENCY 11.1 Employees s all report to work location as assigned by a designated EMPLOYER su ervisor. During the normal work day employees may be assigned to other work locations at the discretion of the EMPIAYER. 11.2 Employees a signed to work locations during the normal work day, other than heir original assignment, and who are required to furnish their own t ansportation shall be compensated for mileage. 11.3 The resolut on pertaining to residency approved July 26, 1979, under Council Fil No. 273378 shall apply to all employees covered by this AGREEMENT. - 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 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 Resolution. Effective for the January, 1991 insurance coverage, for each eligible employee who selects employee (single) health insurance coverage the Employer agreees to contribute the cost of the least expensive employee insurance coverage. In addition for each eligible employee who selects dependent (family) health insurance coverage, the Employer agrees to contribute fifty percent (50$) of the cost of the least expensive dependent health insurance coverage. For the purpose of this article the dependent insurance coverage shall be the premium for Family coverage less the premium for the respective Single coverage. Any cost of any premiwn for any City-offered employee or family health insurance coverage in excess of the amounts indicated in this article 12.2.1 shall be paid by the employee. 12.2.2 Sick Leave as established by Resolution No. 3250, Section 20. 12.2.3 Vacation as established in Section 1 H of the Salary Plan and Rates of Compensation Resolution (6446) , however, employees in this bargaining unit, covered by this vacation provision, shall be granted vacation at the rate of 160 hours in each calendar year. 12.2.4 Ten (10) legal holidays as established by Resolution No. 6446, Section 1, 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 XV of this AGREEMENT. 12.2.6 The EMPLOYER will for the period of this AGREEMENT provide for employees who are eligible for City's Health and Welfare benefits and who have retired since September 1, 1974 and until such employees reach sixty-five (65) years of age such health and life insurance benefits as were provided by the EMPLOYER at the time such employees retired. - 12 - . �-i�'� ARTICLE XII - WA ES (continued) 12.2.7 In rder to be eligible for the benefits under the provision � of 2.2.6 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. 12.2.7.3 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. 12.3 Regular empl yees not covered by the fringe benefits listed in Article 12.2 shall be con idered, for the purposes of this AGREEMENT, participating employees an shall be compensated in accordance with Article 12.1 (WAGES) and have fri ge benefit contributions and/or deductions made on their behalf as provided or by Article 13 (FRINGE BENEFITS) . 12.4 Provisional, temporary, and emergency employees shall be considered, for the purposes of his AGREEMENT, participating employees and shall be compensated in accordanc with Article 12.1 (WAGES) and have fringe benefit contributions and/or deduc ions made in their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.5 All regular mployees employed after February 15, 1974, shall be considered, for the purp se of this AGREEMENT, participating employees and shall be compensated n accordance with Article 12.1 (WAGES) and have fringe benefit contribution and/or deductions made on their behalf as provided for by Article 13 ( INGE BENEFITS) . - 13 - ARTICLE XII - WAGES (continued) 12.6 Regular employees covered by the fringe benefits listed in Article 12.2 , above shall have their May 5, 1990 base rates adjusted to reflect the combined cost of the group's average sick leave usage for 1989 and an additional eighty-five (85) hours of sick leave. In any event, such sick leave hours shall be used only in accordance with the sick leave provisions of the Civil Service Rules. In the event an employee does not use eighty-five (85) hours of sick leave during the calendar year of 1990, such employee shall be reimubursed for the unused hours. Hours of sick leave used in excess of eighty-five (85) hours by any such employee shall be charged to all employees covered by the fringe benefits in Article 12.2 above. This charge shall be made when computing the May 4, 1991, base rates for the remaining employees covered by Article 12.2 above. - 14 - . y�-,rs�'9 ARTICLE XIII - INGE BENEFITS 13.1 The EMPLOYE shall make contributions on behalf of and/or make deductions rom the wages of employees covered by this AGREEMENT in accordan e with Appendix D for all hours worked. 13.2 Effective M y 1, 1985 provisional, probationary and regular participating employees s all be eligible for a paid holiday for Labor Day, the first Monday in S ptember in accordance with the St. Paul Salary Plan and Rates of Compensa ion. 13.3 For employe s who have elected to become, as of December 29, 1990, participati employees as defined in Article 12.3 of this Agreement, the Employer wil make the Health and Welfare contribution in accordance with item (2) of ppendix D of this Agreement. Such contribution shall be made for hou s worked as of October 6, 1990. No other contributions listed in Ap endix D shall be made for such employees for any hours worked prior to December 29, 1990. Such employees shall not be eligible for City Hea th and Life insurance after December 31, 1990. 13.4 Accumulated ick leave credit balances as of December 28, 1990 for employees co ered by Article 13.3 above shall be frozen as of December 28, 1990. S ch frozen sick leave balances may only be used for severance pay purposes Severance pay shall be granted only in accordance with ___ Article 15 o this Agreement. 13.5 Employees co ered by Article 13.3 above shall discontinue earning vacation as f December 29, 1990. Such employees shall not be eligible for City pai vacation after December 28, 1990. Any unused balance will � be paid off t the December 28, 1990 rate of pay. - 15 - ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN 14.1 The selection of personnel for the class of position Plumber , Foreman shall remain solely with the EMPLOYER. 14.2 The class of position Plumber Foreman shall be filled by employees of the bargaining unit on a "temporary assignment". 14.3 All "temporary assignments" shall be made only at the direction of a designated EMPLOYER supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. - 16 - ARTICLE XV - SEV CE PAY � '`i�� 15.1 The employe shall provide a severance pay program as set forth . in this Art cle. 15.2 To be eligi le for the severance pay program, an employee must meet the followi g requirements: 15.2.1 The mployee must be 58 years of age or older or must be elig ble for pension under the "rule of 85" or the "rule of 90" prov sions of the Public Employees Retirement Association (PE ) . The "rule of 85" or "rule of 90" criteria shall also apply to e ployees covered by a public pension plan other than PERA. 15.2.2 The mployee must be voluntarily separated from City employment or h ve been subject to separation by layoff or compulsory reti ement. Those employees who are discharged for cause, misc nduct, inefficiency, incompetency, or any other disciplinary reas n are not eligible for the City severance pay program. 15.2.3 The mployee must have at least ten (10) years of consecutive serv ce under the classified or unclassified Civil Service at the ime of separation. For the purpose of this Article, employ- ment in either the City or in the Independent School District No. 25 may be used in meeting this ten (10) year service re- quir ent. 15.2.4 The e ployee must file a waiver of reemployment with the Pers nel Director, which will clearly indicate that by reque ting severance pay, the employee waives all claims to reins atement or reemployment (of any type) , with the City or with Independent School District No. 625. 15.2.5 The e ployee must have accumulated a minimum of eighty (80) days f sick leave credits at the time of his separation from ervice. 15.3 If an employ e requests severance pay and if the employee meets the eligibility equirements set forth above, he or she will be granted severance pa in an amount equal to one-half of the daily rate of pay for the osition held by the employee on the date of separation for each day of accrued sick leave sub�ect to a maximum of 200 accrued sick leave d ys. 15.4 The maximum mount of money that any employee may obtain through this severance pa program is $10,000. - 17 - ARTICLE XV - SEVERANCE PAY (continued) 15.5 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. 15.6 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. 15.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 15.8 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. 15.9 The provisions of this article shall be effective as of May 1, 1984. 15.10 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. - 18 - . ARTICLE XVI - HO IDAYS 9��u�/ 16.1 The followi g ten (10) days shall be designated as holidays: ' N w Year's Day, January 1 M rtin Luther King Day, Third Monday in January (effective 1986) P esidents' Day, Third Monday in February M morial Day, last Monday in May I dependence Day, July 4 bor Day, first Monday in September C lumbus Day, second Monday in October V teran's Day, November 11 anksgiving Day, fourth Thursday in November C ristmas Day, December 25 16.2 When New Ye r'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. 16.3 The ten (10) holidays shall be considered non-work days. 16.4 If, in the j dgment 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) . 16.5 Participatin employees as defined in Articles 12.3, 12.4 and 12.5 working on the holid ys listed below shall be paid on a straight time basis. Ma tin Luther King Day Presidents' Day Co umbus Day Veterans' Day 16.6 Participatin employees as defined in Article 12.3, 12.4 and 12.5 working on the Holid ys listed below shall be paid at the rate of two (2) times the basic hourly rate for all hours worked. Ne Year's Day Thanksgiving Day Me orial Day Christmas Day In ependence Day 16.7 Participatin employees as defined in Articles 12.3, 12.4 and 12.5 working on Labor Day sh 11 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 bas s for such hours worked, in addition to his regular holiday pay. 16.8 If an employ e other than a Participating Employee entitled to a holiday is required o work on Martin Luther King Day (effective 1986) , President's Day, Christo her Columbus Day, or Veterans' Day, he shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department p rmits, or he shall be paid on a straight time basis for such hours worked in addition to his regular holiday pay. If an employee other than a parti ipating employee entitled to a holiday is required to work on New Year's Day, emorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Da , he shall be recompensed for work done on this day by being granted comp nsatory 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 Compen- sation. - 19 - ARTICLE XVI - HOLIDAYS (continued) 16.9 Notwithstanding Article 16.1, the Employer may at anytime during the life of this Agreement designate the day after Thanksgiving as a paid holiday. In the event of such designation, the Columbus Day holiday shall be seleted from the paid holidays list as set forth in Article 16.1. - 20 - . �o-,y�f ARTICLE XVII - D SCIPLINARY PROCEDURES • 17.1 The EMPLOYE shall have the right to impose disciplinary actions on employees f r �ust cause. 17.2 Disciplinar actions by the EMPLOYER shall include only the following actions: 17.21 0 al reprimand. 17.22 W itten reprimand. 17.23 S spension. 17.24 De otion. 17.25 Di charge. 17.3 Employees wh are suspended, demoted, or discharged shall have the right to req est that such actions be reviewed by the Civil Service Commission o a designated Board of Review. The Civil Service Commission, or a designa ed Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appeal of a suspension, emotion, or discharge shall be considered a "grievance" for the purp se of processing through the provisions of Article 23 � (GRIEVANCE P OCEDURE) . - 21 - ARTICLE XVIII - ABSENCES FROM WORK 18.1 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. 18.2 Failure to make such notification may be grounds for discipline as provided in Article 17 (DISCIPLINARY PROCEDURES) . 18.3 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. - 22 - . ,��-��:� ARTICLE XIX - SE IORITY 19.1 Seniority, or the purposes of this AGREEMENT, shall be defined as follows: 19.11 " aster Seniority" - The length of continuous regular a d probationary service with the EMPLOYER from the 1 st date of employment in any and all class titles c ered by this AGREEMENT. 19.12 " lass Seniority" - The length of continuous regular a probationary service with the EMPLOYER from the d te an employee was first appointed to a class title co ered by this AGREEMENT. 19.2 Seniority sh 11 not accumulate during an unpaid leave of absence, except when uch a leave is granted for a period of less than thirty (30) calenda days; is granted because of illness or in�ury; is granted to a low an employee to accept an appointment to the unclassified service of the EMPIAYER or to an elected or appointed full•time po ition with the UNION, 19.3 Seniority sh 11 terminate when an employee retires, resigns, or is discharged. 19.4 In the event it is determined by the EMPLOYER that it is necessary to reduce the w rk force employees will be laid off by class title within � each Departm nt based on inverse length of "Class Seniority". Employees laid off sha 1 have the right to reinstatement in any lower-paid class title previo sly held in this bargaining unit provided, employee has greater "Class Senio ity" than the employee being displaced. 19.5 In the event it is determined by the EMPLOYER that it is necessary to reduce the number o Plumbing Inspectors in the Fire Department, employees will be laid off n inverse order of their "Class Seniority" . However, employees be ng laid off who were appointed to the title of Plumbing Inspector pr'or to July 1, 1985 and transferred to the Fire Department shall have t e right to displace Plumbing Inspectors in the Department of Community Services provided the employee has greater "Class Seniority" than the emp oyee being displaced. 19.6 The selectio of vacation periods shall be made by class title based on length of "Class Seniority" , subject to the approval of the EMPLOYER. - 23 - ARTICLE XX - JURISDICTION � 20.1 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. 20.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 20.3 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. 20.4 Any employee refusing to perform work assigned by the EMPLOYER and as clarified by Sections 20.2 and 20.3 above shall be subject to disciplinary action as provided in Article 17 (DISCIPLINARY PROCEDURES) . 20.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. - 24 - ��-is�j ' ARTICLE XXI - SE ARATION 21.1 Employees h ving a probationary or regular employment status shall be consider d separated from employment based on the following actions: 21.11 R si nation. Employees resigning from employment s all give written notice fourteen (14) calendar d ys prior to the effective date of the resignation. 21.12 R tirement. As provided in Article 15. 21.13 ischar e. As provided in Article 17. 21.14 ilur or Dut . As provided in Article 18. 21.2 Employees h ing an emergency, temporary, or provisional employment status may terminated at the discretion of the EMPIAYER before the completion of a normal work day. - 25 - ARTICLE XXII - TOOLS 22.1 All employees shall personally provide themselves with the tools . of the trade as listed in Appendix B. - 26 - ARTICLE XXIII - RIEVANCE PROCEDURE � U-/v�'�y' 23.1 The EMPLOYE shall recognize Stewards selected in accordance with UNION rules and r gulations as the grievance representative of the bargaining unit. The ION shall notify the EMPIAYER in writing of the names of the Steward and of their successors when so named. 23.2 It is recog ized and accepted by the EMPLOYER and the UNION that the processing f grievances as hereinafter provided is limited by the job duties and esponsibilities of the employees and shall therefore be accomplishe during working hours only when consistent with such employee duties and r sponsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provi ed, the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such ab ence would not be detrimental to the work programs of the EMPLOYER. 23.3 The procedur established by this ARTICLE shall be the sole and exclusive procedure, e cept for the appeal of disciplinary action as provided by 17.3, for th processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. 23.4 Grievances s all be resolved in conformance with the following procedure: Step 1. Upo the occurrence of an alleged violation of this AGR EMENT, the employee involved shall attempt to res lve the matter on an informal basis with the emp oyee's supervisor. If the matter is not resolved - 27 - ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) 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 EMPLAYER 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. - 28 - . �'a�� ARTICLE XXIII - RIEVANCE PROCEDURE (continued) Step 3. Wi hin seven (7) calendar days following receipt of a gr evance referred from Step 2 a designated EMPLOYER su ervisor shall meet with the UNION Business Manager or his designated representative and attempt to resolve th grievance. Within seven (7) calendar days following th s meeting the EMPLOYER shall reply in writing to the UN ON stating the EMPLOYER'S answer concerning the gr evance. If, as a result of the written response th grievance remains unresolved, the UNION may refer th grievance to Step 4. Any grievance not referred in riting by the UNION to Step 4 within seven (7) cal ndar days following receipt of the EMPIAYER'S ans er shall be considered waived. Step 4. If he grievance remains unresolved, the UNION may wit in seven (7) calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMP YER, request arbitration of the grievance. The arb'tration proceedings shall be conducted by an arb'trator to be selected by mutual agreement of the EMP YER and the UNION within seven (7) calendar days aft r notice has been given. If the parties fail to mut ally agree upon an arbitrator within the said sev n (7) day period, either party may request the Pub ic Employment Relations Board to submit a panel of ive (5) arbitrators. Both the EMPLOYER and the - 29 - ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) 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. 23.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall corasider 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 EMPLOYER, the UNION and the employees. - 30 - �C�_i��'> • ARTICLE XXIII - RIEVANCE PROCEDURE (continued) 23.6 The fees an expenses for the arbitrator's services and proceedings shall be bo ne equally by the EMPLOYER and the UNION, provided that each party hall be responsible for compensating its own representative and witness s. If either party desires a verbatim record of the proceedings it may cause such a record to be made providing it pays for th record. 23.7 The time li its in each step of this procedure may be extended by mutual agre ment of the EMPIAYER and the UNION. - 31 - ARTICLE XXIV - RIGHT OF SUBCONTRACT 24.1 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 sub-contract. 24.2 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. � - 32 - . 9Q-�� ARTICLE XXV - NO -DISCRIMINATION , 25.1 The terms a d conditions of this AGREEMENT will be applied to employees e ually without regard to, or discrimination for or against, an individual because of race, color, creed, sex, age, or bec use of inembership or non-membership in the UNION. 25.2 Employees w 11 perform their duties and responsibilities in a non-discrim natory manner as such duties and responsibilities involve oth r employees and the general public. - 33 - ARTICLE XXVI - SEVERABILITY 26.1 In the event that any provision(s) of this AGREEMENT is declared , to be contrary to law by proper legislative, administrative, or 3udicial 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. 26.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the AGREEMENT in compliance with the legislative, administrative, or �udicial determination. - 34 - � ��,�y�� ARTICLE XX�III - AIVER 27.1 The EMPLOY and the UNION acknowledge that during the meeting and negotia ing which resulted in this AGREEMENT, each had the right and o portunity to make proposals with respect to any subject con erning the terms and conditions of employment. The agreements nd understandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREEM NT. 27.2 Therefore, he EMPLOYER and the UNION for the duration of this AGREEMENT a ree that the other party shall not be obligated to meet and ne otiate over any term or conditions of employment whether spe ifically covered or not specifically covered by this agreement. The UNION and EMPLOYER may, however, mutually agree to modify a y provision of this AGREEMENT. 27.3 Any and all rior ordinances, agreements, resolutions, practices, policies, a d rules or regulations regarding the terms and conditions f employment, to the extent they are inconsistent with this A EEMENT, are hereby superseded. . - 35 - ARTICLE XXVIII - CITY MILEAGE 28.1 �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 sutomobiles in the performance of their duties, the following provisions are adopted. 28.2 Method of Computation: To be eligible for such reimbursement, all reimb- ursement officers and employees must receive written authorization from the Department Head. �yQe 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 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. �,vne 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 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 reim- bursed at the rate of $.15 per mile driven and shall not be eligible for any per diem. 28.3 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. 28.4 Rules and Re�ulations: 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 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. - 36 - �d:i�� ARTICLE XXIX - S FETY , 29.1 Accident an injury free operations shall be the goal of the EMPLOYER and EMPLOYE S. To this end the EMPLOYER and EMPLOYEE will, to the best of the r ability abide by, and live up to the requirements of the several State and Federal Construction Safety Codes and Regulations. 29.2 To this end the EMPLOYER shall from time to time issue rules or notices to is EMPLOYEES regarding on the �ob safety requirements. Any EMPIAYE violating such rules or notices shall be sub�ect to disciplinar action. No EMPLOYEE may be discharged for refusing to work under nsafe conditions. 29.3 Such safety equipment as required by governmental regulations, shall be provided without cost to the EMPIAYEE. At the EMPLOYER'S option, the EMPLOYE S may be required to sign for safety equipment and shall be obligate to return same upon discharge, layoff, quit or other termination in comparable condition as when issued, providing reason- able wear a d tear. The EMPLOYER shall have the right to withhold the cost of such safety equipment if not returned. 29.4 The EMPLOYE agrees to pay $10.00 toward the cost of each pair of safety shoes purch sed by an EMPLOYEE that is a member of this unit. The EMPLOYER shall contr bute for the cost of two pair of shoes per year and shall not be responsi le for any additional cost for any additional shoes thereafter. This reimbu sement of $10.00 per pair of shoes shall be made only after investigati n and approval by the immediate supervisor of that employee. This $10.00 per pair of shoes contribution to be made by the EMPLOYER shall apply to those employees who must wear protective shoes or boots for their e ployment. - 37 - ARTICLE XXX - LEGAL SERVICES 30.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, • or indifference to rights of others, the employer shall defend� save harmless and indemnify employee against tort claim or demand whether groundless or other- wise arising out of alleged acts or omission occurring in the performance or scope of the employee's duties. 30.2 Notwithstanding the provisions of section 30.1 the employer shall not be required to defend or indemnify any employee against p�rsonal liability, or damages, costs or expense (a) resulting from a claim, suit, verdict, finding, determination or judgment that the employee has committed an intentional tort or torts, including but not limited to slander, libel and/or other defamatory harms; or (b) arising out of cross claims, counterclaims, affirmative defenses and/or separate actions brought against such employee in response to or resulting from claims, allegations, demands or actions (whether or not litigation was actually commenced) brought, made or instituted by such employee. 30.3 Notwithstanding the provisions of section 30.1 or 30.2, the employer may at its sole discretion defend an employee against allegations, claims, demands or actions wholly or in part based on or arising out of claimed intentional torts, and in such cases, the employee consents to the extent lawfully permitted to such representation without regard to actual or potential conflicts of interest. 30.4 Each employee, within 20 days after receiving notice of (1) a tort claim or demand, action, suit or proceeding against him or her; (2) a judgment, verdict, finding or determination, either of which arises out of alleged or found acts or omissions occurring in the performance or scope of the employee's duties, shall notify the City by giving written notice thereof . to the Office of the City Clerk. - 38 - �'O' ti�-�J� ' ARTICLE XXXI - D TION AND PLEDGE 31.1 This AGREEM NT shall become effective as of the date of signing, except as s ecifically provided otherwise in this Agreement and shall remain in e fect through the 30th day of April� 1991, and continue in effect from year to year thereafter unless notice to change or to terminate i given in the manner provided in 31.2. 31.2 If either p rty desires to terminate or modify this AGREEMENT, effective a of the date of expiration, the party wishing to modify or terminat the AGREEMENT shall give written notice to the other party, not ore than ninety (90) or less than sixty (60) calendar days prior o the expiration date, provided, that the AGREEMENT may only be so terminated or modified effective as of the expiration date. 31.3 In consider tion of the terms and conditions of employment established by this AGR EMENT and the recognition that the GRIEVANCE PROCEDURE herein esta lished is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pled e that during the term of the AGREEMENT; 31.3.1 e UNION and the employees will not engage in, i stigate, or condone any concerted action in w ich employees fail to report for duty, willfully a sent themselves from work, stop work, slow down t eir work, or absent themselves in whole or part f om the full, faithful performance of their duties o employment. - 39 - ARTICLE XXXI - DURATION AND PLEDGE (continued) 31.3.2 The EMPLOYER will not engage in, instigate, or , condone any lock-out of employees. 31.3.3 This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City, and is also subject to ratification by the UNION. AGREED to this 16th day of August, 1990, and attested to as the full and complete understanding of the parties for the period of time herein speci- fied by the signature of the following representative for the EMPLAYER and the UNION: WITNESSES: CITY OF SAINT PAUL UNITED ASSOCIATION PLUMBERS LOCAL 34 � c , , -9 - � /1��-c.;� • � Z!/LC.�c.l ��. �c%��1�d�L ."3 Zt y"L.. bor Relations Manager Business Manager 2�L t 1� � � �a ��`L-- /`�/�� Personnel Director - 40 - �o�_��'�� APPENDIX A The classes f positions recognized by the EMPLOYER as being exclusively repre ented by the UNION are as follows: Pl ber-Foreman Ap rentice P1 ber Se ior Plumbing Inspector P1 bing Inspector P1 bing Inspector--Water Department and other classes of positions that may be established by the EMPLOYER where the duties nd responsibilities assigned comes within the �urisdiction of t e UNION. - A1 - APPENDIX B 6' Folding rule . - B1 - APPENDIX C �0_ ��'`� � I. The basic ho rly wage rate for temporary and emergency employees appointed to the followi classes of positions shall be: � Effec. _5 OS-90 Plumber . . . . . . . . . . . . . . . . . . . . . $20.13* Plumber-Fore n . . . . . . . . . . . . . . . . . . $21.63* Plumbing Insp ctor. . . . . . . . . . . . . . . . . $21.63* Plumbing Insp ctor- Water Depart nt. . . . . . . . . . . . . . . . . . $21.63* Senior Plumbi g . . . . . . . . . . . . . . . . . . $22.63* Apprentice 0- 6 months . . . . . . . . . . 508 of Plumber rate 7-12 months . . . . . . . . . . 558 of Plumber rate 13-18 months . . . . . . . . . . 608 of Plumber rate 19-24 months . . . . . . . . . . 65$ of Plumber rate 25-30 months . . . . . . . . . . 70$ of Plumber rate 31-36 months . . . . . . . . . . 75$ of Plumber rate 37-42 months . . . . . . . . . . 808 of Plumber rate 43-48 months . . . . . . . . . . 85$ of Plumber rate 49-54 months . . . . . . . . . . 908 of Plumber rate 55-60 months . . . . . . . . . . 95$ of Plumber rate II. The basic ho rly wage rate for provisional, regular and probationary " employees ap ointed to the following classes of positions and not receiving t e fringe benefits listed in Article 12.2 shall be: Effec. ,�-OS-90 Plumber . . . . . . . . . . . . . . . . . . . . . . . $19.27* Plumber-Foreman . . . . . . . . . . . . . . . . . . . $20.70* Plumbing Inspecto . . . . . . . . . . . . . . . . . . . $20.70* Plumbing Inspect - Water Department. . . . . . . . . . . . . . . . . . . . $20.70* Senior Plumbing I sp. . . . . . . . . . . . . . . . . . $20.70* *This rate inclu s the $1.57 taxable vacation contribution. - C1 - APPENDIX C (continued) III. 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: Effec. 5-05-90 Plumber . . . . . . . . . . . . . . . . . . . . . . $18.86 Plwnber-Foreman . . . . . . . . . . . . . . . . . . $20.05 Plumbing Inspector. . . . . . . . . . . . . . . . . $20.05 Plumbing Inspector- Water Department. . . . . . . . . . . . . . . . . . $20.05 Senior Plumbing Insp. . . . . . . . . . . . . . . . $20.85 If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the above applicable rates for participating employees in such a way that the total cost of the package (wage rate plus contri- butions) remains constant. In the event Local 34 and any plumbing contractor affiliated or not affiliat ed with Twin Cities Piping Industry Association and doing business in the seven county metropolitan area agree to a total commercial package different from the above total commercial package such differences shall be immediately applicable to the total compensation paid to employees covered by this Agreement. - C2 - � ��,_ r��r�� APPENDIX D Effective May 5, 1990, the EMPLOYER shall: (1) contri ute $1.57 per hour from which payroll deductions have been m de for all hours worked by participating employees as define in Articles 12.3, 12.4 and 12.5 of this AGREEMENT, to a ION designated Credit Union. (2) contri ute $1.83 per hour for all hours worked by participating employ es as defined in Articles 12.3, 12.4 and 12.5 of this AGREEM NT, to the Health and Welfare Fund. (3) contri ute $2.93 per hour for all hours worked by participating employees as def ned in Articles 12.3, 12.4 and 12.5 of this AGREEMENT, to the ensio Fund (4) contri ute $ .13 per hour for all hours worked by participating employees as def ned in Articles 12.3, 12.4 and 12.5 of this AGREEMENT, to the ourne n and A renticeshi Trainin Fund. (5) contri ute $ .03 per hour for all hours worked by participating employees as def ned in Articles 12.3, 12.4 and 12.5 of this AGREEMENT to the Gen ra enefi und All contribution made in accordance with this Appendix shall be forwarded to the win Cit P' e Traders Se ice Ass iation. The Employer sha 1 establish Workman's Compensation and Unemployment Compensation programs as requ red by Minnesota Statutes. The EMPLOYER'S f inge 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 t is AGREEMENT. The actual level of benefits provided to employees shall be the res onsibility of the Trustees of the various funds to which the EMPLOYER has for arded contributions and/or deductions. - Dl -