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90-1756 0 R I G I A - �ouncil File #` t� ° ` � �o N- "� Green Sheet #� � RESOLUTIO � CI�Y 0 SAINT PAUL, MINNESOTA _ t . Presented By Referred To Committee: Date RESOLVED, hat the Council of the City of Saint Paul hereby approves and ratifies th attached agreements between the Independent School District No. 625 and the Plumbers Local No. 34. a Navs Absent g artment of: imon �witz � Office of Personnel nd Labor Relations acc ee e m un e g , � ��'� — son O . Adopted by Council: Date 0 CT i 1 1990 Fo Appr e by City Attorney Adoption Certified by Council Secretary BY. • �� Z � � � r By' `�� Approved by Mayor for Submission to Approved by ayor: Date 0 CT � 2 1990 Council � � � , B � c�Ef// By: c�d.Gy.JG�G�C Y• U� PUBLISNED 0 C T 2 J 0 REC�IVED QG_/��r� DEPARTM@NTlOFFICFJOOUNGL DATE INITIATED .� l Office of GREEN SHE SE� 2 �r��9�?290 Personnel and Labor Rel tions INITIAUOATE CONTACT PEHSON 3 PHONE PARTMENT DIf1ECTOR dTY COUNpI James C. I.ombardi 292- 301 �� CITYAITORNEY ��►iti��FF9CE MUBT BE ON COUN(:IL Af�ENDA BY(DATE) ROUTINO BUDOET DIRECTOR �FiN.8 MOT.8ERVICE8 DIR. �MAV�i(OR A8813TAN ❑ TOTAL N OF SIONATURE PAGES (CLIP ALL LOCATIONS FOR 81GNATURl� � ACl10N REOUESTED: This resolution appro s the attached agreements between the �n ependent School District No. 625 and t e Plumbers Local No. 34. RECOMAAENDATIONB:APP►�+(�1 a�N�1(R) COUNWL TTEE/RESEARCH F�PORT _PLANNINO COMM18810N _CIVI SERVI�O�AMI8310N ��Y� ��E NO. _GB OOMMII'fEE _ COMMENTS: _STAFF — _D�TRICf COl1RT _ SUPPORTS NMIfYi COUNqI 08JECTIVE7 IWITIAi1N0 Pi�BLEM,18SUE,OPPORTUNITY ,YVh�t,Whsn,Wh�ro,Wh�: None SE 18 1990 CITY TTORN�EY ADVANTAOES IF APPROVED: See .the a'tfiached summ ry. A significant change in the agreeme t is that grievances regarding discip�}ine ave become solAly a part of the contract grievance process. Before such grievance were solely a part of the Civil Service grie�ance process. This �ias been approve by the School Board. dSJ1DVANTIUiES IF APPROVED: - None. This is a Sch ol District contract. The provisions con ained therein do not affect City of S int Paul empioyees. ouncil Researcli Ce��e� �c t' � 11990 018AOVANTIKiEB IF NOT APPHOVED: The provisoins of th se contracts which may be different from ivil Service Rules would not supercede uch rules unless approved by the City Cou cil. School District employees are subjec to the Civil Service ,�t��es. RECEI � SIEP27 990 TOTAI AMOUNT OF TRANSACTION S C08T/REVlNUE (qRCL�ON� YES NO FUNDINO S011RCE ACTIVITY NUNBER flNANpAL INPORMA710N:(EXPWN) (].W ,pn:: `S�i ��F7 . . .<...�,. .. . . NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE ORE�I BHEET MANUAL AVAILABLE IN THE PUR(�iASINi3 OFFlCE(PHONE NO.28l-4225). ROUTING OROER: ' Bsbw are preferrod routfngs for the flve most frequerN types of documsnCS: CONTRACTS {a�autn�s authoHz�d COUNqL RESOLUTION_ (AnNnd,Bdqb./ budqet exists) Acc�pt.Ci►eMS) 1. Outside Ag�nCy 1. Dsp8rtmsM DireCtOr 3. ��Y tt�ment 3. City�AttcmeY 4. Mayor 4. Ma�roNAseietaM 5. Flnancs�Mgmt 3vca. Director 5. (�ty Council . 6. Finance AoCOUr►ting 6. Chief Acxountant. Fln d�Mpmt Svcs. • ADMINISTRATIVE ORDER (Budpet COUNCIL RESOLUTION (aN otF� Revision) and OFiDINANCE 1. Activity ManaQsr 1. Inkiatirp DspartmsM Direetor � 2. Dep�tmsr�t AccouMU�t 2. �Y A�Y 4. DeputmsM Dinctor �. �� Budqst Dir�ctor 5. City Clerk 6. Chief AcoouMant.Fin&M�mt Svcs. ADMINISTRATIVE ORDERS (aN others) 1. Inftiadnp DspertmeM 2. City Attorney 3. Mayar//ltsistarn 4. Clty Clerk TOTAL NUMBER OF SK3NATURE PACiES fndicate ths#of p�ges on which Npn�nes aro requirod and�d �sch of th�e paoes. ACTION REQUESTEO De�cribe what the project/nquset ssda to accompibh in either chronolopF- cel order or ordsr of importancs�whichsa�r is moet aQp►o�xiate for th� issue. Do not wrfte complete ssnterwes.Bspin each kem in your liat with a verb. RECOI�MAENDATIONS Compish ff the iss�s M question has bean preasrrted belore anY�Y� PubNc or p�ivate. 3UPPORTS WHlqi COUNqL OBJECTIVE9 I�e which Council oblscdve(s)YW�Prol�ro4��PP�bY�� the key word(s)(HOU31N(i, RECREATION, NEIaHBORHOODS. ECONOMIC DEVELOPMENT, BUDCiET, SEWER SEPARATION).(3EE C�OMPLETE LI3T IN INSTRUCTIONAL,MANUAL.) COUNCIL COMMITTEE/RESEARCH REPORT-OPTIONAL AS REOUESTED BY COUNqL INITIATINO PROBLEM,t8SUE,OPPORTUNITY Explain ths situedon or oonditbns that created a need for your project or request. ADVANTAC3ES IF APPROVED Indicxde wheth�r this is simpiy an annwl budgst procadure requirod by Isw/ charter or�thsre are spscfflc in which ths Gy of SairM Paul and its citizens will bsnsilt from this p�o UacNon. DI3ADVANTAOES IF APPROVED • What negaNve stfects or major chengsa b exisdnp a peq p►ocessea mfght tFds ProjecU►squset produce M it is passed(s.p.,.trafBc deleya, ndae, tax incraasee or aesasrt�te)9 To Whom?VMhen?For how bng? DI3ADVANTAOES IF NOT APPROVE� 1Nhat will be the nepative c�nepus�if ths promfesd actfon is not ap�oved?Inability b detiver aervk�4 Contlnued high trsfflc. rwise, atxident rata?Loss of revenue? FlNANCIAL IMPACT ARhough you must tallor ths informatioo you provide hsre to the issue you aro sddressi�y, in general you must answer two qu�tlons: How much is it goinq to cost?Who is 9��9 ta PaY7 - 9 r,� � -��^.� � .> , ' ' IND PENDENT SCHOOL DISTRICT NO. 625 : � BOARD OF EDUCATION ' ST. PAUL PUBLIC SCHOOLS . • - .` - ' DATE: . TOPIC: m I r i A. PERTINENT ACTS: 1) New Ag eement is for the one year period May 1, 1990 through April 30, 1991. 2) Contrac changes are as follows: - — ' I -Aetirement: Language change deleting Article XV in its entirety, � whi h referenced mandatory retirement at age 70. This change is in , co liance with Federal legislation. — ' I - Disci li�na�y Procedures: Language change to include the em loyee's statutory right to have disciplinary actions, with the exception of oral reprimands, heard through the Grievance Procc�dures a� specified within this Agreement. — - Senaration: Language change deleting the reference to ma datory retirement. This change is in compliance with Federal legislation. — ' I - Grievance Proced��re: Language change which clarifies the Gri vance Procedure as the sole and exclusive remedy for processing grie ances with the exception of disciplinary issues. � - ' �- Reorganization of Appendix C into sections Ci - C4. Addition �� of pendix C-1A specifying wage rates for compensation analysis purposes .. onl . Wage rates and benefits increases reflect total package increases of $.9 per hour for May 1990. 3) � The Dis rict has four regular employees in this bargaining unit. 4) This re uest is submitted by Phytlis E. Byers, Negotiations/Labor Relations Manag r; and Curman L. Gaines, Associate Superintendent, Administrative Service . B. RECOMME DATION: That the Board f Education School District No. 625 approve and adopt the Agreement concerning the erms and conditions of employment of those employees in this school district for wh m United Association Plumbers Local No.34 is the exclusive representative; uration of said Agreement is for the period of May 1, 1990 through April 30, 1991. '�y°��"� INDEX � RTI IT E PAGE A CLE L� Preamble......................................................................................................._............. iv IPurpose................................................................................................�..�.........____.. 1 11 Reoognibon.................................................................................................................. 1 II I Employer RigMs................................................................................�..................... 1 IV Union Rights.................................................. 2 ............................................................. VSoope of the Agreement.................................................................................... 2 VI Probationary Periods..................................................................�....................... 3 VII Philosophy of Employment and Compensation...................................... 3 • VIII Hours of Work........................................................................................................... 4 IXOvertime...................................................................................................................... 5 XCall Back.................................................................................................................... 5 XIWork Location................................................................................._........................ 6 XII Wages............................................................................................................................ 7 XIIIFringe Benefits......................................................................................................... 8 XIV Selection of Foreman.................................... ........................................................ XVHolidays........................................................................................................................ 9 • XV I Disciplirrary Prooedures....................................................................................... 11 XV I I Abser�ces from Wak.................................. 11 XVII I Seniority...............................................................................�...................................... 12 XIXJurisdiction.................................................................................................................. 13 XXSeparation........................................................:......................................................... 13 XXITools.............................................................................................................................. 13 XXII Grievar�ce Procedure.................................................................. 14 .......................... XXIII Right of Subcontract............................................................................................ 16 XXIV Non�lisaimination........................................................................ 16 �......................... XXVSeverabilrty................................................................................................................ 16 XXVIWaiver.............................................................................................._........................... 17 XXV I I Mileage-Independent School District No.625......................................... 17 " .......................................................... 18 XXVI I I ty................................................................. XXIXLega►Seniices.......................................................................................................... 19 XXXDuration and Pledge.............................................................................................. 21 Apper�dix A.....................................................................................:........................... A 1 AppendixB..................................................................................._..........._�.._._...... 2 AppendaC...................................................................................................._........... C1-2 AppendixD............................................................................................___.._..._.. D1 • iii � � PREAMBLE This AGREEMENT is entered into between Independent School District No. 625, hereinafter referred to as the EMPLOYER, and the United Association Plumbers Local 34, 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 Independent School District No. 625 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. • � IV �c�D—i 75'�O • ARTICLE I - PURP SE 1.1 The EMPL YER and the UNION agree that the purpose for entering into this AGREEME is to: 1.1.1 Ach'eve orderly and peaceful relations, thereby establishing a system of unin e�rupted operations and the highest level of employee performance that is con istent 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 hav been agreed upon by the EMPLOYER and the UNION; 1.1.3 Est blish procedures to orderly and peacefully resolve�disputes as to the ap ication or interpretation of this AGREEMENT without loss of manpower . pro uctivity. 1.2 The EMPL YER and the UNION agree that this AGREEMENT serves as a supplement . to legislatio that creates and directs the EMPLOYER. If any part of this AGREEMENT is in confli with such legislation, the latter shall prevail. The parties, on written notice, agree to n gotiate that part in conflict so that it conforms to the statute as provided by Article 25 SEVERABILITY). ARTICLE II - RE OGNITION • 2.1 The EMP OYER recognizes the UNION as the exclusive representative for collective bargainin purposes for all personnel having an employment status of regular, probationa y, prov�s�onal, temporary, and emergency employed in the classes of positions defined in 2 as certified by the Bureau of Mediation Services in accordance with Case No. 91-PC -2011 dated July 25, 1990. 2.2 The class s of positions recognized as being exclusively represented by the UNION are as listed i Appendix A. ARTICLE III - E PLOYER RIGHTS 3.1 The EMP OYER retains the right to operate and manage all manpower, facilities, and equipmen ; to establish functions and programs; to set and amend budgets; to determine the utiliz tion of technology; to establish and modify the organizational structure; to select, di ect, and determ�ne the number of personnel; and to perform any inherent manageri I function not specifically limited by this AGREEMENT. 3.2 Any "ter or condition of employment" not established by this AGREEMENT shall rema�n ith the EMPLOYER to eliminate, modify or establish following written notificati n to the UNION. • � ARTICLE IV - UNION RIGHTS 4.1 The EMPLOYER sha{I deduct from the wa es of em lo ees who authorize such a • deduction in writing an amount necessary to cover monthly UNION dues. Such monies deducted shall be remitted as directed by the UNION. 4.1.1 The EMPLOYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any other labor organization. 4.1.2 The UNION shall indemnify and save harmless the EMPLOYER from any and all claims or charges made against the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 The UNION may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the EMPLOYER in writing of such designation. Such employee shall have the right 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. ARTICLE V - SCOPE OF THE AGREEMENT 5.1 This AGREEMENT establishes the "terms and conditions of employment" defined by � M. S. 179A.03 Subdivision 19, 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. . 2 ��-�75� • ARTICLE VI - PR BATIONARY PERIODS 6.1 All personn I, originally hired or rehired foliowing separation, in a regular empioyment status shall erve a six (6) months' probationar�r period during which �me the employee's fitness and ility to perform the class of pos�tions' duties and responsibilities shall be evaluated. 6.1.1 At ny time during the probationary period an employee may be terminated at the iscretion of the EMPLOYER without appeal to the provisions of Article 22 (G IEVANCE PROCEDURE). 6.1.2 An mployee terminated during the probationary period shall receive a written noti e of the reason(s) for such termination, a copy of which shall be sent to the UNI N. 6.2 All person el promoted to a higher class of positions shall serve a six (6) month , promotiona probationary period during which time the employee's ftness and ability to . perform the class of positions'duties and responsibilities shall be evaluated. 6.2.1 At ny time during the promotional probationary period �n employee may be de oted to the employee's previously-held class of posibons at the discretion of th EMPLOYER without appeal to the provisions of Article 22 (GRIEVANCE P OCEDURE). 6.2.2 An employee demoted during the promotional probationary period shall be � ret rned to the employee's previously-held class of positions and shall receive a wr tten notice of the reasons for demotion, a copy of which shall be sent to the U ION. ARTICLE VII - HILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The EMP OYER and the UNION are in full agreement that the philosophy of employment , and comp nsation shall be a "cash" hourly wage and "industry"fringe benefit system. � 7.2 The EMP OYER shall compensate employees for all hours worked at the basic hourly wage rat and hourly fringe benefit rate as found in Articles 12 (WAGES) and 13 (FRINGE ENEFITS). 7.3 No other ompensation or fringe benefit shall be accumulated or earned by an employee except a spec�f�catly provided for in this AGREEMENT. • 3 ARTICLE VIII - HOURS OF WORK • 8.1 The normai 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. � • 4 �C�'�—�7.�� • ARTICLE IX - OVE TIME 9.1 Time on the payroll in excess of the normal hours set forth above shall be "overtime work"and s all be done only by order of the head of the departmen� An employee shall be recomp nsed for work done in excess of the normal hour� by being granted compensato time on a time-and-one-half basis or by being paid on a�me-and-one-half basis for su h overtime work. The basis on which such overt�me shall be paid shall be determined olely by the EMPLOYER. 9.2 The rate of ne and one-half (1-1/2) the basic hourly rate shall be the overtime rate for work perfor ed under the following circumstances: 9.2.1 Tim worked in excess of eight (8) hours in any one normal work day, and . 9.2.2 Tim worked in excess of 40 hours in a seven (7) day period. • 9.3 For the pur ose of calculating overtime compensation, overtime hours worked shall not be . "pyramided',compounded or paid twice for the same hours worked. 9.4 Overtime ours worked as provided by this ARTICLE shall be paid in cash or compensat ry time as determined by the Employer. ARTICLE X - C LL BACK � 10.1 The EMP OYER retains the right to call back employees before an employee has started a ormal work day or normal work week and after an employee has completed a normal wo k day or normal work week. 10.2 Employee called back shall receive a minimum of four (4) hours pay at the basic hourly rate. 10.3 The hour worked based on a call-back shall be compensated in �ccordance with Article 9 (OVER IME),when applicable,and subject to the minimum established by 102 above. � 10.4 Employe s called back four (4) hours or less prior to their normal work day shall complete he normal work day and be compensated only for the overtime hours worked in accordan e with Article 9 (OVERTIME). � 5 ARTICLE XI - WORK LOCATION . 11.1 Employees shall report to work location as assigned by a desi�nated EMPLOYER superv�sor. During the normal work day, employees may be ass�gned 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 orig�nal assignment, and who are re4uired to furnish their own transportation, shall be compensated for mileage as set forth in Article 27 (MILEAGE). � � 6 �'G�°"�7.�� • ARTICLE XII - W ES 12.1 The basic h urly wage rates as established by Appendix C shall be paid for all hours worked by a employee. 12.2 Regular e ployees shall be considered, for the purposes of this AGREEMENT, participatin employees and shall be compensated in accordance with Article 12.1 (WAGES) a d have fringe benefit contributions and/or deductions made on their behatf as provided or by Article 13 (FRINGE BENEFITS). 12.3 Provisional and temporary employees shall be considered, for the purposes of this AGREEME T, partiapating emptoyees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made in their behalf s provided for by Article 13 (FRINGE.BENEFITS). • • 7 ARTICLE Xlii - 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. 13.2 Effective�,�y 1,1�$�, provisional, probationary, and regular participating employees shall be eligible for a paid holiday for Labor Day, the first Monday in September. ARTICLE XIV - SELECTION OF FOREMAN 14.1 The selection of personnel for the class of positiori Plumber Foreman shall remain solely . with the EMPLOYER. � 14.2 The class of positions 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. � • 8 � � J�� ARTICLE XV - HO IDAYS • 15.1 The followin ten (10) days shall be designated as unpaid holidays (except Labor Day as noted in Arti le 13.2): New Year's Day January 1 Ma n Luther King Day Third �llonday In January Pre idents' Day Third Monday in February Me orial Day Last Monday in May Ind ndence Day July 4 Lab r Day First Monday in September Col mbus Day Second Monday in October Vet rans' Day November 11 Tha ksgiving Day Fourth Thursday in November Chr stmas Day December 25. � 15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following M nday shall be considered the designated holiday. When any of these three (3) - holidays fal s 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 udgment of the EMPLOYER, personnel are necessary for operating or emergenc reasons, employees may be scheduled or "called back" in accordance with Article X ( ALL BACK). • 15.5 Participati employees as defined in Articles 12.2 and 12.3 working on the holidays listed below shal be pa�d on a straight-time basis: Martin Luther King Day Presidents' Day Columbus Day Veterans' Day. 15.6 Participati g employees as defined in Articles 12.2 and 12.3 workir�g on the holidays listed . below sh II be paid at the rate of two (2) times the basic hourly rate for all hours worked: • New Year's Day Memorial Day Independence Day Thanksgiving Day Christmas Day. 15.7 Participa ing employees as defined in Articles 12.2 and 12.3 working on Labor Day shall be reco pensed for work done on this day by being granted compensatory time on a time and one alf basis or by being paid on a time-and-one-half basis for such hours worked, in • addition o the regular pay. 9 Article XV - Holidays (continued) • 15.8 In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days precedmg the holiday. In ne�ther case shall be the holiday be counted as a working day. 15.9 When Martin Luther King Day, Presidents' Day, Columbus Day or Veterans' Day falls on a day when school is in session, the employees shall work that day at straight time and another day shall be designated as the holiday. This designated hol�day shall be a day on which school is not in session and shall be determined by agreement between the employee and supervisor. . • �o ��J�� • ARTICLE XVI - DIS IPLINARY PROCEDURES 16.1 The EMPLO ER shall have the right to impose disciplinary actions on employees for just cause. 16.2 Disciplinary ctions by the EMPLOYER shall include only the following actions: 16.2.1 ral reprimand; 16.2.2 ritten reprimand; 16.2.3 uspension; 16.2.4 emotion; 16.2.5 ischarge. 16.3 Employees ho are suspended, demoted or discharged shall retain all rights under M.S. � 179A.20, S bd. 4, and thereby shall have the right to request that such actions be considered "grievance" for the purpose of processing through the provisions of Article • 22 (GRIEV NCE PROCEDURE�. Once an employee or the UNION m the employee's - behalf initia es review of an act�on, that matter.shall not again be reviewed in another forum. Oral reprimands shall not be subject to the grievance review process. ARTICLE XVII - AB ENCES FROM WORK 17.1 Employees who are unable to report for their normal work day hav�e the responsibility to • notify their upervisor of such absence as soon as possible, but in no event later than the begmning o such work day. 17.2 Failure to ake such notification may be grounds for discipline as provided in Article 16 (DISCIPLI ARY PROCEDURES). 17.3 Failure to eport for work without notification for three (3) consecutive normal work days may e considered a "quiY' by the EMPLOYER on the part of the employee. • t� ARTICLE XVIII - SENIORITY • 18.1 Seniority, for the purposes of this AGREEMENT, shall be defined as follows: 18.1.1 "Masier Seniorit� - The length of continuous regular and probationary service with the EMPL6YER from the last date of employment m any and all class �tles covered by this AGREEMENT. 18.1.2 "Class Seniority" • The length of continuous regular and probationary seroice with the EMPLOYER from the date an employee was first appointed to a class title covered by this AGREEMENT. 18.2 Seniority shall not accumutate 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 shalt 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 lower-paid class title previously held in this bargaining unit, provided employee has greater"Class Seniority"than the employee being displaced. 18.5 The selection of vacation periods shall be made by class titls based on length of "Class . Seniority", subject to the approval of the EMPLOYER. • 12 �- -r,'p-��.5�0 • ARTICLE XIX - JU ISDICTION 19.1 Disputes co cerning work jurisdiction between and among unions �S recognized as an appropriate ubject to determ�nation by the various unions representing employess of the EMPLOYER 19.2 The EMPL ER agrees to be guided in the assignment of work jurisdiction by any mutual agre ments between the unions involved. 19.3 In the event of a dispute concerning the performance or assignment of work, the unions involved an the EMPLOYER shall meet as soon as mutually possible to resolve the dispute. No hin� in the foregoing shall resVict the right of the EMPLOYER to accomplish the work a ongmally ass�gned pending resolution of the dispute or to restrict the EMPLOYE S basic right ta assign work. 19.4 Any employ e refusing to perform work assigned by the EMPLOYER and as clarified by Sections 19 2 and 19.3 above shall be subject to disciplinary action as provided in Article . 16 (DISCIP INARY PROCEDURES). 19.5 There shall be no work stoppage, slow down or any disruption of work resulting ftom a work assign ent. ARTICLE XX - S PARATION � 20.1 Employees having a probationary or regular employment status shall be considered separated f om employment based on the following actions: 20.1.1 i n i n. Employees resigning from employment sh�ll give written notice f urteen (14) calendar days prior to the effective date of the resignation. 20.1.2 As provided in Article 16. 20.1.3 il r R f r . As provided in Article 17. . 20.2 Employee having a temporary or provisional employment status may be terminated at the discreti n of the EMPLOYER before the completion of a normal work day. ARTICLE XXI - T OLS 21.1 All employ es shall personally provide themselves with the tools of the trade as listed in Appendix . • 13 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 not�fy 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 Qrxessing 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, except as previously noted in ARTICLE 16 (DISCIPLINARY PROCEDURES), be the sole and exclusive procedure, for , the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. 22.4 Grievances shall be resolved in conformance with the following procedure: ste�. Upon the occurrence of an alleged violation of this AGREEMENT, the employee involved shall attempt to resolve the matter on an informal basis w�th the em�loyee's supervisor. tf the matter is not resolved to the employee's � sat�sfaction 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 nse to the grievance, shall be considered waived. �teQ.�,. 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 wri�ng to the UNION within three (3) calendar days following this meeting. The UNION may refer the . grievance m 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. • 14 �cJp—�7�<0 • Article XXII - Grieva ce Procedure (continued) Ste�. Wi hin seven (7) calendar days following receipt of a grievance referred from St p 2, a designated Employer Supervisor shall meet with the Union Business M ager or a designated representat�ve and attempt to resolve the grievance. Wi hin seven (7) calendar days following this meeting, the EMPLOYER shall re ly in writing to the UNION stating the EMPLOYER'S answer conceming the gri vance. If, as a result of the written response, the grievance remains un esolved, the UNION may refer the grievance to Step 4. Any grievance not ref rred in writing by the UNION to Step 4 within seven (7) calendar days fol wing receipt of the EMPLOYER'S answer shall be considered waived. Ste�. If e grievance remains unresolved, the UNION may within seven (7) calendar da s after the response of the EMPLOYER in Step 3, by written notice to the . E PLOYER, request arbitration of the grievance. The arbitration proceedings sh II be conducted by an arbitrator to be selected by mutual agreement of the E PLOYER and the UNION within seven (7) calendar days after notice has � b n given. If the parties fail to mutually agree upon an arbitrator within the s d seven- (7) day period, either party may request the Public Employment R lations Board to subm�t a pane( of f�ve (5) arbitrators. Both the E PLOYER and the UNION shall have the right to strike two (2) names from th panel. The UNION shall strike the first (1st) name; the EMPLOYER shall th n strike one (1 j name. The process will be repeated and the remaining rson shall be the arbitrator. • 22.5 The arbitrat r shall have no right to amend, modify, nultify, ignore, add to or subtract from the pr visions of this AGREEMENT. The arbitrator shall consider and decide only the specific ssue submitted in writing by the EMPLOYER and the lXVION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without ower to make decisions contrary to or inconsistent with or modifying or varying in ny way the application of laws, rules or regulations having the force and effect of la . The arbitrator's decision shall be submitted in writing within thirty (30) days followi g close of the hearing or the submission of briefs by the parties, whichever be later, un ess the parties agree to an extension. The decision shall be based solely on the arbitrat r's interpretation or application of the express terms of this AGREEMENT and to the cts af the grievance presented. The dec�sion of the arbitrator shall be final and binding on the EMPLOYER,the UNION,and the employees. 22.6 The fees nd expenses for the arbitrator's services and proceedings shall be borne equally by e EMPLOYER and the UNION, provided that each party shall be responsible � for compe sating its own representative and witnesses. If either party desires a verbatim r ord of the proceedings, it may cause such a record to be made, providing it pays for th record. 22.7 The time li its in each step of this pr�cedure may be extended by mutual agreement of the EMPL YER and the UNION. • 15 ARTICLE XXIII - RIGHT OF SUBCONTRACT � 23.1 The EMPLOYER may, at any time during the duration of this AGREEMENT, contract out work done by the employees covered by this AGREEMENT. In the event that such contracting would result in a reduction of the work force covered by this AGREEMENT, the EMPLOYER shall give the UNION a ninety (90) calendar day not�ce of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by this AGREEMENT shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE XXIV - NON-DISCRIMINATION 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 inembership or non-membership in the UNION. 24.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE XXV - SEVERABILITY • 25.1 In the event that any provision(s) of this AGREEMENT is declared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeaf 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. • �s ��o-��5� . ARTICLE XXVI - WA VER 26.1 The EMPLO ER and the UNION acknowledge that during the mee�ing and negotiating which resuit d in this AGREEMENT, each had the right and opportunity to make proposals wit respect to any subject concerning the terms and conditions of employment. The agreem nts and understandings reached by the parties after the exercise of this right are full and completely set forth in this AGREEMENT. 26.2 Therefore, e EMPLOYER and the UNION for the duration of this AGREEMENT agree that the oth r party shall not be obligated to meet and negotiate over any term or condition of mployment whether specifically covered or not specifiCally covered by this AGREEME . The UNION and EMPLOYER may, however, mutually agree to modify any provisio of this AGREEMENT. . 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations egarding the terms and conditions of employment, to the extent they are inconsistent 'th this AGREEMENT,are hereby superseded. ARTICLE XXVII - ILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625 27.1 Employees f the School District under policy adopted by the Board of Education may be • reimbursed for the use of their automobiles for school business. To be eligible for such reimburse ent, employees must receive authorization from the District Mileage Committee tilizing one of the following plans: pLAN "A« s reimbursed at the rate of 23Q per mile. In addition, a maximum amount which can e paid per month is established by an estimate furnished by the employee and the employ e's superoisor. Another c nsideration for establishing the maximum amount can be the experience of another wo king in the same or similar position. Under this lan, it is necessary for the employee to keep a record of each trip made. " " rovides for reimbursement based on a per month "lump sum" amount. This amount is etermined by the employee's driving experience under Plan "A"for a period of • 3 to 6 mo hs. Those employees receiving an auto allowance under this plan must report monthly t number of days the car was available during the month. A deduction must be made rom the lump sum amount for each day the employee is on vacation. A deduction eed not be made for an oa:asional day of illness or for holiday. • 17 ARTICLE XXVIII - SAFETY . 28.1 Accident and injury-free operations shall be the goal of the EMPLOYER and EMPLOYEES. To this end, the EMPLOYER and EMPLOYEES will, to the best of their ability, abide by and live up to the requirements of the several state and federal ConsVuction Safety Codes and Regufations. 28.2 To this end, the EMPLOYER shall from time to time issue rules or notices to his EMPLOYEES regarding on-the-job safety requirements. Any EMPLOYEE violating such rules or notices shall be subject to disciplinary action. No EMPLOYEE may be discharged for refusing to work under unsafe conditions. 28.3 Such safety equipment as required by governmental regulations shall be provided without cost to the EMPLOYEE. At the EMPLOYER'S option, the EMPLOYEES may be required to sign for safety equipment and shall be obligated to return same upon , discharge, layoff, quit or other termination in comparable condition as when issued, providing reasonable wear and tear. The EMPLOYER shall have the right to withhold - the cost of such safety equipment if not retumed. . 28.4 The EMPLOYER agrees to pay $10.00 toward the cost of each pair of safety shoes purchased by an EMPLOYEE who is a member of this unit. The EMPLOYER shall contribute for the cost of two pair of shoes per year and shall not be responsible for any additional cost for any additional shoes thereafter. This reimbursement of $10.00 per pair of shoes shall be made only after investigation and approval by the immediate superoisor of that employee. This $10.00 per pa�r of shoes contribution to be made by the EMPLOYER shall apply to those employees who must wear protective shoes or • boots for their employment. � 18 • �, l i 6 �j l� /VN+ �� (�, �'��(fY1(L� � l;e�, {�� o --��-� • ARTICLE XXIX • LEGAL SERVICES 29.1 Except in cases of malfeasance in office or wiliful or wanton neglect of duty, or indifference to rights of others, the EMPLOYER shall defend, save harmless, and indemnify an employee against tort claim or demand, whether groundless or otherwise, arising out of alleged acts or omission occurring in the performance or scope of the employee's duties. 29.2 Notwithstanding the provisions of Section 29.1, the EMPLOYER shall not be required to defend or indemnify any employee against personal liability or damages, costs or expenses (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 empfoyee in response to or resulting from cla�ms, allegations, demands or actions (whether or not litigation was actually commenced)brought, made or instituted by such employee. 29.3 Notwithstanding the provisions of Section 29.1 or 292, the EMPLOYER may at its sole discretion defend an employee against allegations, claims, demands or actions wholly or in part based on or ar�smg 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. 29.4 Each employee, within iwenty days after receiving notice of (1) a tort claim or demand,action, suit or prxeeding 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 EMPLOYER by giving written not�ce thereof to the EMPLOYER'S General Counsel. � �s �-�p-�7`SZ� • ARTICLE XXX - D RATION AND PLEDGE 30.1 This AGRE MENT shall become effective as of the date of signing, except as specifically rovided otherwise in this AGREEMENT and shalf remain in effect through the 30th da of April, 1991, and continue in effect from �rear to year thereafter unless notice to ch ge or to terminate is given in the manner prov�ded in 30.2. 30.2 If either par desires to terminate or modify this AGREEMENT effective as of the date of expiratio , the party wishing to modify or terminate the AGREEMENT shal� ive written noti e to the other party, not more than ninety (90) or less than sixty �60) calendar da s prior to the expiration date, provided that the AGREEMENT may only be so terminat d or modified effective as of the expiration date. 30.3 In consider tion of the terms and conditions of employment established by this ' AGREEME T and the reco�nition that the GRIEVANCE PROCEDURE herein established s the means by wh�ch grievances concerning its application or interpretation - may be pe cefully resolved, the parties hereby pledge that during the term of the - AGREEME T: � 30.3.1 e UNION and the employees will not engage in, instigate or condone any c ncerted action in which employees fail to report for duty, willfully absent emselves from work, stop work, slow down their work qr absent themselves i whole or part from the full, faithful performance of their duties of e ployment. • 30.3.2 T e EMPLOYER will not engage in, instigate or condone any lockout of ployees. 30.3.3 is constitutes a tentative AGREEMENT between the parties which will be r commended by the School Board Negotiator, but is sub'ect to the approval of e B�ard of Education, and is also subject tc ratification�y the UNION. AGREED this � day of� , 1990, and attested to ss the full and complete understa ding of the parties for the eriod of time herein specifi�d by t�e signature of the following repre entat�ves for the EMPLOY R and the UNION: . WITNESSES: NDENT S HOOL DI RICT N0. 625 UNITED ASSOCIATION PLUMBERS , LOCAL 34 �L�..,�c�f%L�-;'�Tc �cG�`t� egotia ' ns/l.abo Relations M ager Business Manager � �� is � r' .� �v ate ate- �� o hair, Boar ' n a �99c • Date ' 21 �---�OJ!7,�� • APPENDIX A The classes f positions recognized by the EMPLOYER as being exclusively represented by the UNION are a follows: App entice Plu ber Plu ber- Foreman and other classes o positions that may be estabiished by the EMPLOYER where the duties and responsibilities assig ed come within the jurisdiction of the UNION. . • A1 APPENDIX 6 • 6'Folding rule • • Bt -�'�--i��'� • APPENDIX C , C-1. The basic ho rly wage rate including the vacation contribution' and excluding all benefit costs and obl gations in Appendix D, for provisional, regular, and probationary employees appointed to e following class of positions shall be: Effective 5-05-90_ Plumber $1923' Plumber-Foreman 20.66' ' This rate in ludes the taxable vacation contribution (Appendix D (1)�. This rate als reflects all other deductions for legal obligations. This rate sh II be the temporary rate minus 4.48% effective May 5, 1990. .� - . C-1 A. Wage rates this Appendix(G1A)are for�ompensation analysis n�moses onlv. These figures do T include taxable contributions and therefore should I�be used for payroll cal lations. See Appendix C�1 above for payroll information , Effective � , Plumber $17.19 Plumber-Foreman 18.63 . C1 Appendix C (continued) . C-2. The basic hourly wage rate for temporary employees appointed to the foilowing class of positions shall be: Effective 5-05-90 Plumber $20.13' Plumber-Foreman 21.63' * This rate includes the ta�cable vacation contribution [Appendix D (1)). C-3. The basic hourly wage rates for the Apprentice class of positions: � Apprentice � 0 - 6 months...._..�.�.____w_��.._._....__.�........_. 50% of Plumber rate 7 - 12 months....._..___._._�._�._�.._.__�.�._.._.� 55% of Plumber rate 13 - 18 months.....�........__.._.__._.___._�.._..��....... 60% of Plumber rate 19 - 24 months......___�__�._..._...�....�.._......�.....�. 65% of Plumber rate 25 - 30 months..........._._.__..____..�.___.w__._._ 70% of Plumber rate 31 - 36 months............_._...�.__..______._...._...... 75% of Plumber rate 37 - 42 months....�._.._.�.�..�..__�._�..___.__._._... 80% of Plumber rate • 43 - 48 months....._._.__.__�._w__�.__�.�.�.�.M_. 85% of Plumber rate 49 - 54 months...._�_.�..........__.________.._...�.__. 90% of Plumber rate 55 - 60 months.�.�._._.._..._____._......_.....�.__.... 95% of Plumber rate If the Union elects to have the contributions tisted 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 con�ibubons) remains constant. The total compensation (wages and fringes) received by employees covered by this Agreement shall be equivalent in money to the total package paid by the employer to employees in comparable classifications in the Agreement between Local 34 and the Twin Cities Piping Industry Association. The total package cost shall exclude any costs of payments made for industry promotion and/or advertisement or any other purposes not directly and clearly beneficial to the public employer. In the event Local 34 and any plumbing contractor affiliated or not affiliated with the 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 and which is less than the above total package, such differences shall be immediately applicable to the total compensation paid to employees covered by this Agreement. . C2 ��o�`�� • APPENDIX 0 Effective May 5, 199 , the EMPLOYER shalL ' (1) contrib te $2.13 per hour ftom which payroll deductions have been made for all hours orked by participating employees as defined in Articles 12.2 and 12.3 of this AGRE MENT, to a UNION-designated�redit Union Vacation Fund. (2) contrib te $1.83 per hour for all hours worked by participating employees as define in Articles 12.2 and 12.3 of this AGREEMENT, to the Health and Welfare F�• (3) contrib te $2.93 per hour for all hours worked by partici ting employees as defin in Articles 12.2 and 12.3 of this AGREEMENT,to the . (4) contrib te$ .13 per hour for all hours worked by participating employees as defined , in Arti les 12.2 and 12.3 of this AGREEMENT to the Journeyman and (5) contrib te $.03 per hour for all hours worked by participating employees as defined in Artic es 122 and 12.3 of this AGREEMENT to the General B�nefit Fund. All contributions mad in accordance with this Appendix shall be forwarded to the win Ci�y PT'��e, i � The EMPLOYER s all establish Workers' Compensation and Unemployment Compensation programs as require by Minnesota statutes. The EMPLOYER'S f nge benefit obligation to participating employees as de�ned in Articles 12.2 and 12.3 is limited to the contributions and/or deductions establisF�ed by this AGREEMENT. The actual level of benef ts provided to employees shall be the responsibility of the Trustees of the various funds to whi h the EMPLOYER has forwarded contributions and/or deductions. � D1