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98-960ORI�IIVAL Presented Council File # �g - `�G � Green Sheet # 62411 RESOLUTION C1TY OF SAINT PAUL, MINNESOTA $ Referred To Committee Date 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 May 1998 through Apri12001 Labor Agreement between the City of Saint Paul and the Lakes and Plains 3 Regional Council of Carpenters and Joiners. DEPARTMEN7'fOFFICE7COUNCI[,: DATE [NITiATED GREEN SHEET No.: 62411 ��+ _�� LABOR RELATIONS 10-07-98 CONTACI' PERSON & PHONE: � IIV177ALDATE IN[17ALDn'iE JiJLIE KRAUS 266-6513 ASSIGN 1 DEPARTMENT DIR. �� 4 CITY COUNCIL NUMBER 2 C77"Y ATI'ORNEY �c CITY CLERK MUST BE Ol\ COUNCIL AGENDA BY (DATE) FOR BiJDGET DIR. FIN. & MGT. SERVICE DIR. ROUTIIVG 3 MAYOR (OR ASST.)� ORDER TOTAL # OF SIGNAT'6RE PAGES_1 (CLIP ALL LOCATIONS FOR SIGNATURE) ncnox �xeQuES�v: This resolution approves the attached May 1998 through Apri12001 Labor Agreement between the City of Saint Paul and the Lakes and Piains Regional Council of Carpenters and Joiners. RECOhIIvIENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS M[JST ANSWER Tf� FOLLOWING QUESTIONS: PLANNING COMMISSION ^ CI VIL SERVICE COMMISSION 1. Has this person/firm ever worked under a wnvact for this depamnent? _CIB WMMITTEE Yes No STAFF 2. Haz this persoNfum ever been a ciry employee? _DISTRICT COURT Yes No SUPPORTS WHICH COUNCIL OBJECTIVE? 3. Does thu person/fivn possess a skill not nortnally possessed by any current city employee?. Yes No Explaiv all yes answers oo separate sheet and attach to green sheet WITIATING PROBLEM, ISSUE, OPPOATUNITT (Who, What, When, Where, Why): ADYANTAGES IF APPROVE➢: An agreement in place through Apri13Q, 2001. � DISADVAATAGES IF APPROVED: DISADVANI'AGES IF NOT APPROVED: TOTALAMOiJNTOF'I'RANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE; ACTIVII'YNUMBER: FINANCWL INFORMATION: (EXPLAIN) �F3E.f.t�:s �`�'S°u;vl':'E � �� . � `��w� Attachment to Green Sheet ��'��.� City of Saint Paui and the Lakes and Plains Regional Council of Carpenters & Joiners Contract May 1998 through Apri12001 I. Article 11 - Wages (New - use of vacation). Participating employees sha11 use all vacation that they have earned and are eligible for as outlined in the Lakes and Plains Regional Council of Carpenters & Joiners Regulaz Vacation and Holiday & Reserve Trust Plan Documents. (113(1)). 2. Article 23 - Right of subcontract (Change). The Employer's requirement to notify the Umon of intent to subcontract is reduced from ninety days to sixty days. (23.1). 3. Article 28 - Severance (Eliminate School District Language). An employees time with the school district is no longer used to meet eligibility requirements for City benefit employees seeking severance pay. 4. Duration - 3 years (May 1, 1998 - April 30, 2001) with wage re-opener in third year. 5. Wages - Commercial Construction prevailing rate. 6. Retroactivity - Retroactive pay adjustments shall apply to ali employees of the bargaining unit except those who haue been terminated for cause. F:V.,ABREL\CONTAAC7lCARPENTRU998 00\GRNSHEET.WPD � � � -. � - � . �, �. -. � � � � � � : � "_ �:. � S'� °E �� _ ._ ._ ._�� - - �� _ = MAY THROU�H APRII:, 200I ;I;ABOR AG�2EEl�IENT = - _ .. r � �_ _ _ -_ - _ � � °° �be,twee�t .:- � �� - , ; �.� - � . ..�� .�, � T� :C3T'� �F��A��T P�,�L ` � _ � `� and ` . � ° � � =�� - _ , ; -;, � =LAKES Al�TD �'i.A�NS ��IO�AL C(3U�IC�L ' � �� O�"CA�El��ER� Al�D� �OIN�RS , . :'� _ " , _ ' - ,C�' 3 ' _' _ � " � '4 ' �- _ _ _ - . i INDEX � �- �� ARTICLE TTI'LE PAGE • .. Preamble ....................................................... ii 1 Purpose ..........................................................1 2 Recognition ......................................................1 3 Employer Rights ..................................................1 4 Union Rights .....................................................1 5 Scope ofthe Agreement .............................................2 6 Probationary Periods ...............................................2 7 Hoursof Work ....................................................3 8 Overtime ........................................................3 9 Ca1lBaciclCallIn ..................................................4 10 Work Location ....................................................4 11 Wages ...........................................................4 12 Fringe Benefits ....................................................5 13 Selection of Foreman and Generat Foreman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 14 Insurance ........................................................5 15 Holidays .........................................................8 16 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 • 17 AbsencesFrom Work ..............................................9 18 Seniority .........................................................9 19 Jurisdiction ......................................................10 20 Sepazation ......................................................11 21 Tools ..........................................................11 22 Grievance Procedure ..............................................11 23 Rightof Subcontract ..............................................13 24 Nondiscrimination ................................................13 25 Severability .....................................................14 26 Waiver .........................................................14 27 City Mileage Plan ................................................14 28 Severance Pay ...................................................15 29 Uniform Allowance ...............................................16 30 Duration and Pledge ...............................................17 AppendixA .................................................... Ai AppendixB .................................................... B1 AppendixC .................................................... C1 • i ? PREAMBLE I 8- G I � � • This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the Lakes and Plains Regional Council of Carpenters and Joiners, hereinafter referred to as the Union. The Employer and the CTnion concur that this Agreement has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The Empioyer 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. Conshuctive attitudes of the City, the Union, and the individual employees will best serve the needs of the general public. ii ARTICLE 1- PURPOSE 9 8_ y(� a i.l The Employer and the Union agree that the purpose for entering into this Agreement is to: n U 1.1(1) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safery and well-being of all concemed; 1.1(2) l.l(3) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; Establish procedures to orderly and peacefuily resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a suppiement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legisiation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (Severability). ARTICLE 2 - RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collective bazgaining purposes for all personnel having an employment status of regular, probationary, provisionai, and temporary � employed in the classes of positions defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-478-A dated April 16, 1973. ARTICLE 3 - EMPLOYER RIGHTS • 3.1 The Employer retains the right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology, to establish and modify the organizational structure; to select, direct and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this Agreement. 3.2 Any "term or condition of employment" not established by this Agreement shall remain with the Employer to eliminate, modify, or establish following wtitten notification to the Union. ARTICLE 4 - UNION RIGHTS The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1 4.1(1) The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. -1- ARTICLE 4 - UNION RIGHTS (Continued) 4.1(2) The Union shall indemnify and save hazmless 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 bazgaining unit to act as a Stewazd and shall inform the Employer in writing of such designation. Such employee shall have the right and responsibilities as designated in Article 22 (Crrievance Procedure). 43 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 aze working. ARTICLE 5- SCOPE OF THE AGREEMENT At any time dtuing the probadonary period an employee may be terminated at the discretion of the Employer without appeal to the pzovisions of Article 22 (Grievance Procedure). 5.1 This Agreement establishes the "terms and conditions of employmenY' defined by M.S. 179.63, Subd. 1 S for all employees exclusively represented by the Union. Tlus Agreement shall sugersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnel, originaliy hired or rehired following separation, in a regulaz employment status shali serve a six (6) month probationary period during which rime the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.1(1) 6.1(2) n U • An employee temrinated 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 shall serve a six (6) month promotional probationary period during which time the employee's fitness and ability to perform the position's duties and responsibilities sha11 be evatuated. 6.2(1) At any time during the promorional probationary period an employee may be demoted to the employee's previously held class at ihe discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.2(2) An employee demoted during the promotional probationary period shall be retumed to the empioyee's previously held class and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. • -2- ' ARTICLE 7- HOURS OF WORK ��_ cj( Q � 7.1 The normal work day shall be eight (8) consecutive hours per day, exciuding a thirty (30) minute lunch period, between 7:00 a.m. and 5:30 p.m. • 7.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 7.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to estabiish 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. 7.4 Tlvs 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. 7.5 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. 7.6 All employees are subject to call back by the Employer as provided by Article 9(Call Back/Cail In). 7.7 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. � ARTICLE 8 - OVERTIME 8.1 All overtime compensated for by the Empioyer must receive prior authorization from a designated Employer supervisor. No overtune work claim will be honored for payment or credit uniess approved in advance. An overtime claim will not be honored, even though shown on the time cazd, unless the required advance approvai has been obtained. 8.2 The overtime rate of one and one-haif (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 8.2(1) Time worked in excess of eight (8) hours in any one normal work day and 8.2(2) Time worked in excess of forry (40) hours in any seven (7) day period. 83 For the purposes of calculating overtime compensation overtime hours worked shall t3ete not be "Pyramided", compounded, or paid twice for the same hours worked. 8.4 Overtime hours worked as provided by this Article shall be paid in cash or in compensatory time. The method of payment shall be detemuned solely by the Employer. � -3- ARTICLE 9- CALL BACK/CALL IN 9.1 The Employer retains the right to call in or call back employees before an employee has started a normal work day or normal work week and after an employee has compieted a normal work day or normal . work week. 9.2 Employees called in or called back shall receive a minimum of four (4) hours straight time pay at the basic hourly rate or shall be compensated in accordance with Article 8(Overtime), when applicable, whicheveris greater. 9.2(1) Notwithstanding Article 9.2, employees called in four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only or overtime hours worked in accordance with Article 8(Overtime). ARTICLE 10 - WORK LOCATION 10.1 Employees shall report to work locations as assigned by a designated Employer supervisor. During the normal work day employees may be assigned to other work locations at the d'uection of the Employer. ARTICLE 11 - WAGES 11.1 The basic hourly wage rates as established by Appendix B shatl be paid for atl hours worked by an employee. No retroactive payment shall be made to any employee who has terminated his/her • employment prior to signing of the new Agreement. 1 I.2 Employees who aze covered by the fringe benefits listed below (Citv benefitsl 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 12 (Fringe Benefits). 11.2(1) Insurance benefits as established by Article 14 11.2(2) Sick Leave as established by Resolution No. 3250, Section 20. i 1.2(3) Vacarion as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. I 1.2(4) Ten (10) legal holidays as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision I. 11.2(5) Severance benefits as established by Ordinance No. 11490 or as established by Article 28 in this Agreement, with a maximum payment of $10,000. 7 � ARTICLE 11 - WAGES (Continued) 9 8- 9� o I 13 Regulaz employees not covered by the fringe benefits listed in Article 11.2 above shall be considered, • for the purposes of this Agreement, "participating employees" and sha11 be compensated in accordance with Article 11.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12 (Fringe Benefits). 113(1) Participating employees shall use all vacation that they have earned and aze eligible for as outlined in the Lakes and Plains Regional Council of Carpenters & Joiners Regulaz Vacation and Holiday & Reserve Trust Plan Documents. 11.4 Provisional and temporary empioyees shall be considered, for the purposes of this Agreement, "participating employees" and shall be compensated in accordance with Article 11.1 (Wages) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 12 (Fringe Benefits). I 1.5 All regular employees employed after February 15, 1974, shall be considered, for the purpose of this Agreement, "participating employees" and sha11 be compensated in accordance with Article i i.l (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Articie 12 (Fringe Benefits). ARTICLE 12 - FRINGE BENEFITS • 12.1 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 C for all hours worked. ARTICLE 13 - SELECTION OF FOREMAN AND GENERAL FOREMAN 13.1 The selection of personnel for the class of Carpenter Foreman shall remain solely with the Employer. 13.2 The class of Carpenter Foreman shall be filled by employees of the bargaining unit on a"temporary assignment.° ARTICLE 14 - INSURANCE Active Employees 141 This Article shall apply to employees who aze eligible for the fringe benefits listed in Article 11.2 (City benefits). 14.1(1) The insurance plans, premiums for coverages, and benefits contained in the insurance plans ofFered by the Empioyer shali be solely controlled by the contracts negotiated by • the Employer and the benefit providers. However, the employees selecting the offered pians agree to accept any changes in benefits which a specific provider implements. -5- ARTICLE 14 - INSURANCE (Continued) 14.1(2) For empioyees who seleci singie coverage, the Empioyer wiil contribute I00% of the cost of the single premium. For employees who select dependent coverage, the Employer will contribute 50% of the cost of the dependent premium. U 14.1(3) The Employer will provide $5,000 of term life insnrance for each employee. Retiree Health Benefits 14.2 Employees who retire must meet the following conditions in order to be eligibie for the Employer contribution for retiree health benefits: 14.2(1) 14.2(2) 14.2(3) Be receiving benefits from a public employee retirement act covering employees of the City of Saint Paul at the time of retirement, and Have severed hislher relationship with the City of Saint Paul under one of the retiree plans, and Have severed his/her relationship with the Ciry of Saint Paul for reasons other than an involuntary termination for misconduct. Early Retirees (under age 65) 143 For those employees who retire before age 65 and aze eligible for eazly retiree benefits under the terms • set forth in Article 14.2 above and until such retirees reach sixty-five (65) years of age, the Employer shall continue to make the same contribution for eazly retiree benefits as those for acrive empioyees. 143(1) For eazly retirees selecting single coverage, the Employer will contribute 100% of the premium cost for single coverage. For eazly retirees selecting dependent coverage, the Employer wiil contribute 50% of the premium cost for dependent coverage. 14.3(2) 143(3) The Employer will also continue life insurance benefits for eligible eazly retirees in the same amount as provided to them as active employees. Life insurance benefits terminate at age 65. When such eazly retiree attains age 65, the provisions of Article 14.4 shall apply. C � � ARTICLE 14 - INSURANCE (Continued) Regular Retirees (age 65 and older) y8-��a • 14.4 Employees who retire at or after the age of sixty-five (65) must meet the conditions set forth in Article 14.2. 14.4(1) For such empioyees who retire on or before December 31, 1995, the Employer agrees to contrlbute 100% of the single or dependent premium cost for any health insurance plan offered to regular retirees and their dependents. This Article shail also apply to eazly retirees upon reaching age 65, who retired on or before December 31, 1995 under ttte provisions of Article 14.2. 14A(2) For such empioyees who retire after December 31, 1995, the Employer agrees to contribute a maximum of $550.00 per month towazd the premium for single or dependent health insurance coverage offered to regulaz retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Article shall also apply to eazly retirees upon reaching age 65, who retired after December 31, 1995 under the provisions of Article 14.2. Survivor Benefits 14.5 In the event of the death of an early retiree or a regular retiree, the dependent of the retiree shall have the • option, within thirty (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the premium and Employer contribution accorded to the eligible deceased retiree. It is further understood that coverage shall cease in the event of: i[�7 • 14.5(I) Subsequent remarriage of the surviving spouse of the deceased employee or retiree. 14.5(2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. The contributions indicated in Article 14 shali be paid to the Employer's third party administrator or designated representative. -7- ARTICLE 15 - HOLIDAYS 15.1 The following ten (10) days shall be designated as holidays: New Yeaz's Day, January 1 • Martin Luther King Day, third Monday in January (effective 1986) Presidents' Day, third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 15.2 When New Year's Day, Independence Day or Chrisunas Day falls on a Svnday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The ten (10) holidays shall be considered non-work days. 15.4 If in the judgment of the Employer personneI aze necessary for operating or emergency reasons, employees may be scheduled or "called back;' or "calied in," in accordance with Article 9(Call Back/Call In). 15.5 Participating employees, as defined in Articles 113,11.4 and 11.5, assigned to work on Martin Luther • King Day, Presidents' Day, Day After Thanksgiving, or Veterans' Day shaIl be compensated on a straight time basis for such hours worked. 15.6 Participating employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be coznpensated at the rate of two (2) times the basic hourly rate for such hours worked. 15.7 If an employee other than a Participating employee entided to a holiday is required to work on Martin Luther King Day, Presidents' Day, Day After Thanksgiving, or Veterans' Day, helshe shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department permits, or he/she shall be paid on a straight time basis for such hours worked, in adctition to his regulaz holiday pay. If an employee other than a participating employee entifled to a holiday is required to work on New Year s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, he/she shali be recompensed for work done on this day by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such hours worked, in addition to his/her regular holiday pay. Eligibility for holiday pay shall be determined in accordance with Section I, Subsection I of the Saint Paul Salary Plan and Rates of Compensation. • -8- �. ARTICLE 16 - DISCIPLINARY PROCEDURES y$_ c.� �� 16.1 The Employer shall have the right to impose disciplinary actions on employees for just cause. • 16.2 Disciplinary actions by the Employer shail inciude only the following actions: 162(1) Oralreprimand 16.2(2) Written reprimand 16.2(3) Suspension 16.2(4) Demotion 16.2(5) Dischazge i � 163 Employees who aze suspended, demoted, or dischazged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Boazd of Review. The Civil Service Commission, or a designated Boazd of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or dischazge. No appeal of a suspension, demotion, or dischazge shall be considered a"grievance" for the purpose of processing through the provisions of Article 22 (Grievance Procedure). ARTICLE 17 - ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of each work day. Failure to make such notification may be grounds for discipline as provided in Article 16 (Discipiinary Procedures). ��.z 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. 17.3 ARTICLE 18 - SENIORITY 18.1 Seniority, for the purposes of this Agreement, shall be defined as follows: 18.1(1) 181(2) "Master Seniority" - the length of continuous regulaz and probationary service with the Employer from the last date of employment in any and a11 class tifles covered by this Agreement. °Class Seniority" - the length of continuous regulat and probationary service with the Employer from the date an employee was first appointed to a class tiUe covered by this Agreement. -9- �RTICLE 18 - SENIORITY (Continued) 18.2 Seniority shali not accumulate during an unpaid leave of absence, except when such a leave is granted � for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointrnent to the unclassified service of the Employer, or to an elect• or appointed full-time position with the Union. 18.3 Seniority shall terminate when an employee retires, resigns, or is dischazged. 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". 18.5 The selecUOn of vacation periods shall be made by class title based on length of "Class Seniority", subject to the approval of the Employer. ARTICLE 19 - JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by ihe various unions representing employees of the Employer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 193 In the event of a dispute conceming the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutualiy 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 � dispute, or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 19.2 and 193 above shail be subject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. • -10- ARTICLE 20 - SEPARATION • � � � • . 20.1 Employees having a probationary or regulaz employment status shall be considered separated from employment based on the following actions: 20.1(1) Resignation Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1(2) 20.1(3) Discharge As provided in Article 16. Failure to Report for Duty As provided in Article 17. 20.2 Employees having a temporary or provisional employment ssatus may be terminated at the discretion of the Employer before the completion of a normal work day. ARTICLE 21 - TOOLS 21.1 Ail employees shall personally provide themselves with all necessary hand tools. ARTICLE 22 - GRIEVANCE PROCEDURE • 22.1 The Employer shall recognize the Stewazd selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the name of the Steward and of their successor when so named. u 22.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duries and responsibilities. The Stewazd involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Stewazd 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. 223 The procedure established by this Articie shall be the sole and exclusive procedure, except for the appeal of discipiinary action as provided by 163, for the processing of grievances, which are defined as an alieged violation of the terms and conditions of this Agreement. -11- ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) 22.4 Grievances shall be resolved in conformance with the following procedure: Step 1 Upon the occurrence of an alleged violation of tivs Agreement, the employee involved shall • attempt to resolve the matter on an informal basis with the employee`s supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendaz days of the first occurrence of the event giving rise to the gtievance 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) calendaz 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 remauts unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. T'he Union may refer the grievance in writing to Step 3 within seven (7) calendaz days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days foliowing receipt of the Employer's answer shall be considered waived. Step 3 Within seven (7) calendaz days foliowing receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or his/her designated representative and attempt to resolve the grievance. Within seven (7) calendaz days following tlus meefing, the Employer shall reply in writing to th• Union stating the Employer's answer concerning the grievance. If as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not refeaed to in writing by the Union to Step 4 within seven (7) caIendaz days following receipt of the Employer's answer shall be considered waived. Sfep 4 If the grievance remains unresolved, the Union aray witfiin seven (7} ca2endar days after the response of the Employer in Step 3, by written notice to the Employer, request azbitration of the grievance. The azbitration proceedings shall be condncted by an azbitrator to be selected by mutual agreemeni of the Employer and the Union within seven (7) catendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relation Boazd to subaut a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (lst) name; the Emptoyer sha21 then strike one (1) name. The process will be repeated and the remaining person shail be the azbitrator. r� L -12- ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) c�8„ c�� n U 22.5 The azbitrator shall have no right to amend, modafy, nullify, ignore, add to, or subtract from the provisions of this Agreement. The azbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shail have no authority to make a decision on any other issue not so submitted. The azbivator 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 of 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 azbitrator shall be fmal and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the azbitrator's services and proceedings shall be bome equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. ARTICLE 23 - RIGHT OF SUBCONTRACT i 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 sixty (60) calendaz day notice of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by this Agreement shali in al] cases be made only to employers who qualify in accordance with Ordinance 14013. ARTICLE 24 - NONDISCRIMINATION u 24.1 The terms and conditions of this Agreement will be applied to employees equaily without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, or because of membership or non-membership in the Union. 24.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public. -13- ARTICLE 25 - SEVERABILTTY 25.1 In the event that any provision(s) of ttus Agreement is declared to be conttary to law by proper legislative, administrative, or judicial authority from whose fmding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. • 25.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative, or judicial determination. ARTICLE 26 - WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right aze fully and completely set forth in this Agreement. 26Z Therefore, the Employer and the Union for the dura6on of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or conditions of employment whether specificaliy covered or not specifically covered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 263 Any and all prior ordinances, agreements, resolutions, prac6ces, policies, and rules or regulations regazding the terms and conditions of employment, to the extent they aze inconsistent with this Agreement, are hereby superseded. ARTICLE 27 - CITY MILEAGE PLAN C� 27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Legislative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions aze adopted. 27,2 Method of Computarion: To be eligible for such reimbursement, atl officers and employees must receive written authorization from the Department Head. Type i If an employee is required to use his/her own automobile OCCASIONALLY during employment the employee shall be reimbursed at the rate of $4.OQ per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addition, ihe employee shall be reunbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobite during empioyment and the department head or designatad representafive determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile drivett and shall not be eligible for any per diem. • -14- ARTICLE 27 - CITY MILEAGE PLAN (Continued) q�-9(oL� Type 2 If an empioyee is required to use his/her own automobile REGULARLY during • employment, the employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 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 hislher own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shail not be eligible for any per diem. 273 The City will provide parking at the Civic Center Pazking 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 pazking will be provided only for the days the employee is required to have his or her own personal caz available. 27.4 Rules and Regulations: The Mayor shall adopt rules and regulations goveming the procedures for automobile reimbursement, which regulations and rules shal] 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. ARTICLE 28 - SEVERANCE PAY 28.1 The Employer shall provide a severance pay program as set forth in this Article. 28.2 To be eligible for the severance pay program, an employee must meet the following requirements: 28.2(1) The employee must be 58 yeats of age or older or must be eligible for pension under the "rule of 85" or the "rule of 90" provisions of the Public Employees Retirement Association (PERA). The "rule of 85" or the "rule of 90" criteria shall also apply to employees covered by a public pension plan other than PERA. 28.2(2) The employee must be voluntarily separated from City empioyment or have been subject to separation by lay-off or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other discipiinary reason aze not eligible for the City severance pay program. 28.2(3) The employee must have at least ten (10) yeazs of consecutive service under the classified or unclassified Civil Service at the time of sepazation. • -15- ARTICLE 28 - SEVERANCE PAY (Continued) 28.2(4) The employee must file a waiver of re-employment with the Director of Personnel, which will cleazly indicate that by requesting severance pay, the employee waives all claims to reinstatement or re-employment (of any type), with the City. 28.2(5) The employee must have accumulated a minimum of eighty (80) days of sick leave credits at the time of his sepazation from service. 283 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of sepazation for each day of accrued sick leave subject to a maximum of $10,000. 28.4 For the purpose of this severance program, a death of an employee shall be considered as sepazation of employment, and if the employee would have met all of the requirements set forth above, at the tune of his or her death, payment of the severance pay will be made to the employee's estate or spouse. 28.5 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 28.6 This severance pay program shall be subject to and govemed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this Article shall control. 28.7 The provisions of this Article shall be effective as of May 1,1984. • 28.8 Any empioyee hired prior to February 15, 1974 may, in any event, and upon meeting the qualificarions 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. ARTICLE 29 - UNIFORM ALLOWANCE 29.1 A uniform allowance base of three hundred and fifry-five dollars ($355.00) as a clothing allowance on a voucher system is established for 1986 for all inspectional employees of the Fire Prevention Division of the Saint Paul Department of Fire and Safety Services covered by this Agreement. Items covered by ttris clothing allowance shall be defined by the Employer. • -16- ARTICLE 30 - DURATION AND PLEDGE 1 � � � � � � 30.1 This Agreement shall become effective as of the date of signing, except as specifically provided otherwise in Articles I 1 and 12, and shall remain in effect through the 30th day of April, 2001, and continue in effect from yeaz to yeaz thereafter unless notice to change or to terminate is given in the manner provided in 30.2. 30.1(1} Notwithstanding Article 30.1, the Employer and the Union agree to reopen Articles 11 and 12 of this Agreement no later than May 1, 2000 for the contract year May I, 2000 to April 30, 2001. 30.2 If either party desires to terminate or modify this Agreement, effective as of the date of expiration, the party wishing to modify or terminate the Agreement shall give written notice to the other pariy, not more than ninety (90) or less than sixty (60) calendaz days prior to the expiration date, provided, that the Agreement may only be so terminated or modified effective as of the expiration date. 303 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances conceming its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 30.3(1) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, wiil fully absent themselves from work, � stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment. 30.3(2) The Employer wili not engage in, instigate, or condone any lock-out of employees. 30.3(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. • -17- ARTICLE 30 - DURA.TION AND PLEDGE (Continued) �18� �� a ! Agreed to this �-/ th day of September, 1998, and attested to as the full and complete understanding of the parties for the period of tnne herein specified by the signature of the following representarive for the Employer and the Union: WITNES5ES CITY OF SAINT PAUL �"�5 f Mary H. earney City Labor Negoriator Date r1 U LJ �,� NffNNESOTA STATEWIDE DISTRICT COUNCIL OF CARPENTERS '^ �� Patrick Bristol Business Manager 9-30 - 9� Date �F:� APPENDIX A 98-5� The classes of positions recognized by the Employer as being exclusively represented by the Union aze as • follows: Carpenter Carpenter-Foreman Building Inspector Senior Buiiding Inspector and other classes which may be established by the Empioyer where both parties agree that the newly established classes should be represented by the Union. In the event that the parties cannot agree, the issue shall be determined by the State Bureau of MediaYion Services. n LJ . - A1 - , � • • r1 LJ APPENDIX B g�? q( l. The basic hourly wage rate for temporary employees appointed to the following class of positions shall be: 2. Carpenter Carpenter Foreman Building Inspector 1 st Step 2nd Step 3rd Step Senior Building Inspector Effective 04-25-98 $23.98* $2538* $23.98* $2538* $28.13* $30.01 * Effective 5/1/99 (or closest payroll period) $** g«* $*s $r* $*s $** * This rate includes a taxable vacation contribution of $1.82. **Effective May 1, 1999 there will be an additional $1.19 per hour increase added to the total package. The parties will agree prior to that date regazding the distribution of the $1.19 between wages and fringes. The basic hourly wage rate for regulaz employees appointed to the following class of positions who aze receiving the fringe benefits listed in Article 12 shall be: Carpenter Carpenter Foreman Building Inspector 1 st Step 2nd Step 3rd Step Senior Building Inspector Effective Effective 04-25-98 5/1/99 (or closest payroll period) $22.80* $** $24.13* $** $22.80* $** $24.13* $** $26.74* $** $28.53* $** * This rate includes a taxable vacation contribu6on of $1.82 **Effective May l, 1999 there wiil be an additional $1.19 per hour increase added to the total package. The parties will agree prior to that date regazding the distribution of the $1.19 between wages and fringes. Note: regular employees pay 5.18% to PERA. : APPENDIX B (Continued) � 8' 9� � • 3. The basic hourly wage rate for provisional, regulaz and probationary employees appointed to the following classes of positions and NOT receiving the Fringe Benefits listed in Article 12 (also known as City Benefitted Employees) shall be: Carpenter Carpenter Foreman Building Inspector 1 st Step 2nd Step 3rd Step Senior Building Inspector • Effective 4-25-98 $22.53 $23.69 $22.53 $23.69 $25.97 $27.51 Effective 5/1/99 (or closest payroll period) $ *: g +* $ ** $ *+ $ r* g ** **Effective May 1, 1999 there will be an additional $1.19 per hour increase added to the total package. The parties will agree prior to that date regazding the distribution of the $1.19 between wages and fringes. All Building Inspectors shall be paid the appropriate step in accordance with Section I(one), Subsection J of the St. Paul Salary Plan and Rates of Compensation. If the Union elects to have the contributions listed in Appendix C increased or decreased, the Employer may adjust the above applicable rates for participating employees in such a way that the totai cost of the package (wage rate plus contribution) remains constant. • :, APPENDIX C y8 • Effective Apri125, 1998, the Empioyer shall: (I) contribute to a Union designated Health , Welfare and Dental Fund $235 per hour for all hours worked by "participating employees," as defined in Articles 113, 11.4 and 11.5, of this Agreement. (2) contribute to a Defined Benefit Pension Fund $3.50 per hour for all hours worked by "participating employees." (3) contribute to a Defined Contribufion Pension Fund $.45 per hour for all hours worked by "participating empioyees". (4) contribute to a Vacation Fund $1.82 per hour for all hours worked by "participating employees." A payroll deduction in this amount shall be made from the hourly rates listed in Appendix B. (5) contribute to an Apprenticeship Training Fund $.14 per hour for all hours worked by "participating employees." . • - Cl ORI�IIVAL Presented Council File # �g - `�G � Green Sheet # 62411 RESOLUTION C1TY OF SAINT PAUL, MINNESOTA $ Referred To Committee Date 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 May 1998 through Apri12001 Labor Agreement between the City of Saint Paul and the Lakes and Plains 3 Regional Council of Carpenters and Joiners. DEPARTMEN7'fOFFICE7COUNCI[,: DATE [NITiATED GREEN SHEET No.: 62411 ��+ _�� LABOR RELATIONS 10-07-98 CONTACI' PERSON & PHONE: � IIV177ALDATE IN[17ALDn'iE JiJLIE KRAUS 266-6513 ASSIGN 1 DEPARTMENT DIR. �� 4 CITY COUNCIL NUMBER 2 C77"Y ATI'ORNEY �c CITY CLERK MUST BE Ol\ COUNCIL AGENDA BY (DATE) FOR BiJDGET DIR. FIN. & MGT. SERVICE DIR. ROUTIIVG 3 MAYOR (OR ASST.)� ORDER TOTAL # OF SIGNAT'6RE PAGES_1 (CLIP ALL LOCATIONS FOR SIGNATURE) ncnox �xeQuES�v: This resolution approves the attached May 1998 through Apri12001 Labor Agreement between the City of Saint Paul and the Lakes and Piains Regional Council of Carpenters and Joiners. RECOhIIvIENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS M[JST ANSWER Tf� FOLLOWING QUESTIONS: PLANNING COMMISSION ^ CI VIL SERVICE COMMISSION 1. Has this person/firm ever worked under a wnvact for this depamnent? _CIB WMMITTEE Yes No STAFF 2. Haz this persoNfum ever been a ciry employee? _DISTRICT COURT Yes No SUPPORTS WHICH COUNCIL OBJECTIVE? 3. Does thu person/fivn possess a skill not nortnally possessed by any current city employee?. Yes No Explaiv all yes answers oo separate sheet and attach to green sheet WITIATING PROBLEM, ISSUE, OPPOATUNITT (Who, What, When, Where, Why): ADYANTAGES IF APPROVE➢: An agreement in place through Apri13Q, 2001. � DISADVAATAGES IF APPROVED: DISADVANI'AGES IF NOT APPROVED: TOTALAMOiJNTOF'I'RANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE; ACTIVII'YNUMBER: FINANCWL INFORMATION: (EXPLAIN) �F3E.f.t�:s �`�'S°u;vl':'E � �� . � `��w� Attachment to Green Sheet ��'��.� City of Saint Paui and the Lakes and Plains Regional Council of Carpenters & Joiners Contract May 1998 through Apri12001 I. Article 11 - Wages (New - use of vacation). Participating employees sha11 use all vacation that they have earned and are eligible for as outlined in the Lakes and Plains Regional Council of Carpenters & Joiners Regulaz Vacation and Holiday & Reserve Trust Plan Documents. (113(1)). 2. Article 23 - Right of subcontract (Change). The Employer's requirement to notify the Umon of intent to subcontract is reduced from ninety days to sixty days. (23.1). 3. Article 28 - Severance (Eliminate School District Language). An employees time with the school district is no longer used to meet eligibility requirements for City benefit employees seeking severance pay. 4. Duration - 3 years (May 1, 1998 - April 30, 2001) with wage re-opener in third year. 5. Wages - Commercial Construction prevailing rate. 6. Retroactivity - Retroactive pay adjustments shall apply to ali employees of the bargaining unit except those who haue been terminated for cause. F:V.,ABREL\CONTAAC7lCARPENTRU998 00\GRNSHEET.WPD � � � -. � - � . �, �. -. � � � � � � : � "_ �:. � S'� °E �� _ ._ ._ ._�� - - �� _ = MAY THROU�H APRII:, 200I ;I;ABOR AG�2EEl�IENT = - _ .. r � �_ _ _ -_ - _ � � °° �be,twee�t .:- � �� - , ; �.� - � . ..�� .�, � T� :C3T'� �F��A��T P�,�L ` � _ � `� and ` . � ° � � =�� - _ , ; -;, � =LAKES Al�TD �'i.A�NS ��IO�AL C(3U�IC�L ' � �� O�"CA�El��ER� Al�D� �OIN�RS , . :'� _ " , _ ' - ,C�' 3 ' _' _ � " � '4 ' �- _ _ _ - . i INDEX � �- �� ARTICLE TTI'LE PAGE • .. Preamble ....................................................... ii 1 Purpose ..........................................................1 2 Recognition ......................................................1 3 Employer Rights ..................................................1 4 Union Rights .....................................................1 5 Scope ofthe Agreement .............................................2 6 Probationary Periods ...............................................2 7 Hoursof Work ....................................................3 8 Overtime ........................................................3 9 Ca1lBaciclCallIn ..................................................4 10 Work Location ....................................................4 11 Wages ...........................................................4 12 Fringe Benefits ....................................................5 13 Selection of Foreman and Generat Foreman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 14 Insurance ........................................................5 15 Holidays .........................................................8 16 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 • 17 AbsencesFrom Work ..............................................9 18 Seniority .........................................................9 19 Jurisdiction ......................................................10 20 Sepazation ......................................................11 21 Tools ..........................................................11 22 Grievance Procedure ..............................................11 23 Rightof Subcontract ..............................................13 24 Nondiscrimination ................................................13 25 Severability .....................................................14 26 Waiver .........................................................14 27 City Mileage Plan ................................................14 28 Severance Pay ...................................................15 29 Uniform Allowance ...............................................16 30 Duration and Pledge ...............................................17 AppendixA .................................................... Ai AppendixB .................................................... B1 AppendixC .................................................... C1 • i ? PREAMBLE I 8- G I � � • This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the Lakes and Plains Regional Council of Carpenters and Joiners, hereinafter referred to as the Union. The Employer and the CTnion concur that this Agreement has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The Empioyer 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. Conshuctive attitudes of the City, the Union, and the individual employees will best serve the needs of the general public. ii ARTICLE 1- PURPOSE 9 8_ y(� a i.l The Employer and the Union agree that the purpose for entering into this Agreement is to: n U 1.1(1) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safery and well-being of all concemed; 1.1(2) l.l(3) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; Establish procedures to orderly and peacefuily resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a suppiement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legisiation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (Severability). ARTICLE 2 - RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collective bazgaining purposes for all personnel having an employment status of regular, probationary, provisionai, and temporary � employed in the classes of positions defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-478-A dated April 16, 1973. ARTICLE 3 - EMPLOYER RIGHTS • 3.1 The Employer retains the right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology, to establish and modify the organizational structure; to select, direct and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this Agreement. 3.2 Any "term or condition of employment" not established by this Agreement shall remain with the Employer to eliminate, modify, or establish following wtitten notification to the Union. ARTICLE 4 - UNION RIGHTS The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1 4.1(1) The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. -1- ARTICLE 4 - UNION RIGHTS (Continued) 4.1(2) The Union shall indemnify and save hazmless 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 bazgaining unit to act as a Stewazd and shall inform the Employer in writing of such designation. Such employee shall have the right and responsibilities as designated in Article 22 (Crrievance Procedure). 43 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 aze working. ARTICLE 5- SCOPE OF THE AGREEMENT At any time dtuing the probadonary period an employee may be terminated at the discretion of the Employer without appeal to the pzovisions of Article 22 (Grievance Procedure). 5.1 This Agreement establishes the "terms and conditions of employmenY' defined by M.S. 179.63, Subd. 1 S for all employees exclusively represented by the Union. Tlus Agreement shall sugersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnel, originaliy hired or rehired following separation, in a regulaz employment status shali serve a six (6) month probationary period during which rime the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.1(1) 6.1(2) n U • An employee temrinated 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 shall serve a six (6) month promotional probationary period during which time the employee's fitness and ability to perform the position's duties and responsibilities sha11 be evatuated. 6.2(1) At any time during the promorional probationary period an employee may be demoted to the employee's previously held class at ihe discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.2(2) An employee demoted during the promotional probationary period shall be retumed to the empioyee's previously held class and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. • -2- ' ARTICLE 7- HOURS OF WORK ��_ cj( Q � 7.1 The normal work day shall be eight (8) consecutive hours per day, exciuding a thirty (30) minute lunch period, between 7:00 a.m. and 5:30 p.m. • 7.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 7.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to estabiish 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. 7.4 Tlvs 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. 7.5 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. 7.6 All employees are subject to call back by the Employer as provided by Article 9(Call Back/Cail In). 7.7 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. � ARTICLE 8 - OVERTIME 8.1 All overtime compensated for by the Empioyer must receive prior authorization from a designated Employer supervisor. No overtune work claim will be honored for payment or credit uniess approved in advance. An overtime claim will not be honored, even though shown on the time cazd, unless the required advance approvai has been obtained. 8.2 The overtime rate of one and one-haif (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 8.2(1) Time worked in excess of eight (8) hours in any one normal work day and 8.2(2) Time worked in excess of forry (40) hours in any seven (7) day period. 83 For the purposes of calculating overtime compensation overtime hours worked shall t3ete not be "Pyramided", compounded, or paid twice for the same hours worked. 8.4 Overtime hours worked as provided by this Article shall be paid in cash or in compensatory time. The method of payment shall be detemuned solely by the Employer. � -3- ARTICLE 9- CALL BACK/CALL IN 9.1 The Employer retains the right to call in or call back employees before an employee has started a normal work day or normal work week and after an employee has compieted a normal work day or normal . work week. 9.2 Employees called in or called back shall receive a minimum of four (4) hours straight time pay at the basic hourly rate or shall be compensated in accordance with Article 8(Overtime), when applicable, whicheveris greater. 9.2(1) Notwithstanding Article 9.2, employees called in four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only or overtime hours worked in accordance with Article 8(Overtime). ARTICLE 10 - WORK LOCATION 10.1 Employees shall report to work locations as assigned by a designated Employer supervisor. During the normal work day employees may be assigned to other work locations at the d'uection of the Employer. ARTICLE 11 - WAGES 11.1 The basic hourly wage rates as established by Appendix B shatl be paid for atl hours worked by an employee. No retroactive payment shall be made to any employee who has terminated his/her • employment prior to signing of the new Agreement. 1 I.2 Employees who aze covered by the fringe benefits listed below (Citv benefitsl 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 12 (Fringe Benefits). 11.2(1) Insurance benefits as established by Article 14 11.2(2) Sick Leave as established by Resolution No. 3250, Section 20. i 1.2(3) Vacarion as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. I 1.2(4) Ten (10) legal holidays as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision I. 11.2(5) Severance benefits as established by Ordinance No. 11490 or as established by Article 28 in this Agreement, with a maximum payment of $10,000. 7 � ARTICLE 11 - WAGES (Continued) 9 8- 9� o I 13 Regulaz employees not covered by the fringe benefits listed in Article 11.2 above shall be considered, • for the purposes of this Agreement, "participating employees" and sha11 be compensated in accordance with Article 11.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12 (Fringe Benefits). 113(1) Participating employees shall use all vacation that they have earned and aze eligible for as outlined in the Lakes and Plains Regional Council of Carpenters & Joiners Regulaz Vacation and Holiday & Reserve Trust Plan Documents. 11.4 Provisional and temporary empioyees shall be considered, for the purposes of this Agreement, "participating employees" and shall be compensated in accordance with Article 11.1 (Wages) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 12 (Fringe Benefits). I 1.5 All regular employees employed after February 15, 1974, shall be considered, for the purpose of this Agreement, "participating employees" and sha11 be compensated in accordance with Article i i.l (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Articie 12 (Fringe Benefits). ARTICLE 12 - FRINGE BENEFITS • 12.1 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 C for all hours worked. ARTICLE 13 - SELECTION OF FOREMAN AND GENERAL FOREMAN 13.1 The selection of personnel for the class of Carpenter Foreman shall remain solely with the Employer. 13.2 The class of Carpenter Foreman shall be filled by employees of the bargaining unit on a"temporary assignment.° ARTICLE 14 - INSURANCE Active Employees 141 This Article shall apply to employees who aze eligible for the fringe benefits listed in Article 11.2 (City benefits). 14.1(1) The insurance plans, premiums for coverages, and benefits contained in the insurance plans ofFered by the Empioyer shali be solely controlled by the contracts negotiated by • the Employer and the benefit providers. However, the employees selecting the offered pians agree to accept any changes in benefits which a specific provider implements. -5- ARTICLE 14 - INSURANCE (Continued) 14.1(2) For empioyees who seleci singie coverage, the Empioyer wiil contribute I00% of the cost of the single premium. For employees who select dependent coverage, the Employer will contribute 50% of the cost of the dependent premium. U 14.1(3) The Employer will provide $5,000 of term life insnrance for each employee. Retiree Health Benefits 14.2 Employees who retire must meet the following conditions in order to be eligibie for the Employer contribution for retiree health benefits: 14.2(1) 14.2(2) 14.2(3) Be receiving benefits from a public employee retirement act covering employees of the City of Saint Paul at the time of retirement, and Have severed hislher relationship with the City of Saint Paul under one of the retiree plans, and Have severed his/her relationship with the Ciry of Saint Paul for reasons other than an involuntary termination for misconduct. Early Retirees (under age 65) 143 For those employees who retire before age 65 and aze eligible for eazly retiree benefits under the terms • set forth in Article 14.2 above and until such retirees reach sixty-five (65) years of age, the Employer shall continue to make the same contribution for eazly retiree benefits as those for acrive empioyees. 143(1) For eazly retirees selecting single coverage, the Employer will contribute 100% of the premium cost for single coverage. For eazly retirees selecting dependent coverage, the Employer wiil contribute 50% of the premium cost for dependent coverage. 14.3(2) 143(3) The Employer will also continue life insurance benefits for eligible eazly retirees in the same amount as provided to them as active employees. Life insurance benefits terminate at age 65. When such eazly retiree attains age 65, the provisions of Article 14.4 shall apply. C � � ARTICLE 14 - INSURANCE (Continued) Regular Retirees (age 65 and older) y8-��a • 14.4 Employees who retire at or after the age of sixty-five (65) must meet the conditions set forth in Article 14.2. 14.4(1) For such empioyees who retire on or before December 31, 1995, the Employer agrees to contrlbute 100% of the single or dependent premium cost for any health insurance plan offered to regular retirees and their dependents. This Article shail also apply to eazly retirees upon reaching age 65, who retired on or before December 31, 1995 under ttte provisions of Article 14.2. 14A(2) For such empioyees who retire after December 31, 1995, the Employer agrees to contribute a maximum of $550.00 per month towazd the premium for single or dependent health insurance coverage offered to regulaz retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Article shall also apply to eazly retirees upon reaching age 65, who retired after December 31, 1995 under the provisions of Article 14.2. Survivor Benefits 14.5 In the event of the death of an early retiree or a regular retiree, the dependent of the retiree shall have the • option, within thirty (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the premium and Employer contribution accorded to the eligible deceased retiree. It is further understood that coverage shall cease in the event of: i[�7 • 14.5(I) Subsequent remarriage of the surviving spouse of the deceased employee or retiree. 14.5(2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. The contributions indicated in Article 14 shali be paid to the Employer's third party administrator or designated representative. -7- ARTICLE 15 - HOLIDAYS 15.1 The following ten (10) days shall be designated as holidays: New Yeaz's Day, January 1 • Martin Luther King Day, third Monday in January (effective 1986) Presidents' Day, third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 15.2 When New Year's Day, Independence Day or Chrisunas Day falls on a Svnday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The ten (10) holidays shall be considered non-work days. 15.4 If in the judgment of the Employer personneI aze necessary for operating or emergency reasons, employees may be scheduled or "called back;' or "calied in," in accordance with Article 9(Call Back/Call In). 15.5 Participating employees, as defined in Articles 113,11.4 and 11.5, assigned to work on Martin Luther • King Day, Presidents' Day, Day After Thanksgiving, or Veterans' Day shaIl be compensated on a straight time basis for such hours worked. 15.6 Participating employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be coznpensated at the rate of two (2) times the basic hourly rate for such hours worked. 15.7 If an employee other than a Participating employee entided to a holiday is required to work on Martin Luther King Day, Presidents' Day, Day After Thanksgiving, or Veterans' Day, helshe shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department permits, or he/she shall be paid on a straight time basis for such hours worked, in adctition to his regulaz holiday pay. If an employee other than a participating employee entifled to a holiday is required to work on New Year s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, he/she shali be recompensed for work done on this day by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such hours worked, in addition to his/her regular holiday pay. Eligibility for holiday pay shall be determined in accordance with Section I, Subsection I of the Saint Paul Salary Plan and Rates of Compensation. • -8- �. ARTICLE 16 - DISCIPLINARY PROCEDURES y$_ c.� �� 16.1 The Employer shall have the right to impose disciplinary actions on employees for just cause. • 16.2 Disciplinary actions by the Employer shail inciude only the following actions: 162(1) Oralreprimand 16.2(2) Written reprimand 16.2(3) Suspension 16.2(4) Demotion 16.2(5) Dischazge i � 163 Employees who aze suspended, demoted, or dischazged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Boazd of Review. The Civil Service Commission, or a designated Boazd of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or dischazge. No appeal of a suspension, demotion, or dischazge shall be considered a"grievance" for the purpose of processing through the provisions of Article 22 (Grievance Procedure). ARTICLE 17 - ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of each work day. Failure to make such notification may be grounds for discipline as provided in Article 16 (Discipiinary Procedures). ��.z 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. 17.3 ARTICLE 18 - SENIORITY 18.1 Seniority, for the purposes of this Agreement, shall be defined as follows: 18.1(1) 181(2) "Master Seniority" - the length of continuous regulaz and probationary service with the Employer from the last date of employment in any and a11 class tifles covered by this Agreement. °Class Seniority" - the length of continuous regulat and probationary service with the Employer from the date an employee was first appointed to a class tiUe covered by this Agreement. -9- �RTICLE 18 - SENIORITY (Continued) 18.2 Seniority shali not accumulate during an unpaid leave of absence, except when such a leave is granted � for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointrnent to the unclassified service of the Employer, or to an elect• or appointed full-time position with the Union. 18.3 Seniority shall terminate when an employee retires, resigns, or is dischazged. 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". 18.5 The selecUOn of vacation periods shall be made by class title based on length of "Class Seniority", subject to the approval of the Employer. ARTICLE 19 - JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by ihe various unions representing employees of the Employer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 193 In the event of a dispute conceming the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutualiy 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 � dispute, or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 19.2 and 193 above shail be subject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. • -10- ARTICLE 20 - SEPARATION • � � � • . 20.1 Employees having a probationary or regulaz employment status shall be considered separated from employment based on the following actions: 20.1(1) Resignation Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1(2) 20.1(3) Discharge As provided in Article 16. Failure to Report for Duty As provided in Article 17. 20.2 Employees having a temporary or provisional employment ssatus may be terminated at the discretion of the Employer before the completion of a normal work day. ARTICLE 21 - TOOLS 21.1 Ail employees shall personally provide themselves with all necessary hand tools. ARTICLE 22 - GRIEVANCE PROCEDURE • 22.1 The Employer shall recognize the Stewazd selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the name of the Steward and of their successor when so named. u 22.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duries and responsibilities. The Stewazd involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Stewazd 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. 223 The procedure established by this Articie shall be the sole and exclusive procedure, except for the appeal of discipiinary action as provided by 163, for the processing of grievances, which are defined as an alieged violation of the terms and conditions of this Agreement. -11- ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) 22.4 Grievances shall be resolved in conformance with the following procedure: Step 1 Upon the occurrence of an alleged violation of tivs Agreement, the employee involved shall • attempt to resolve the matter on an informal basis with the employee`s supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendaz days of the first occurrence of the event giving rise to the gtievance 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) calendaz 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 remauts unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. T'he Union may refer the grievance in writing to Step 3 within seven (7) calendaz days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days foliowing receipt of the Employer's answer shall be considered waived. Step 3 Within seven (7) calendaz days foliowing receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or his/her designated representative and attempt to resolve the grievance. Within seven (7) calendaz days following tlus meefing, the Employer shall reply in writing to th• Union stating the Employer's answer concerning the grievance. If as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not refeaed to in writing by the Union to Step 4 within seven (7) caIendaz days following receipt of the Employer's answer shall be considered waived. Sfep 4 If the grievance remains unresolved, the Union aray witfiin seven (7} ca2endar days after the response of the Employer in Step 3, by written notice to the Employer, request azbitration of the grievance. The azbitration proceedings shall be condncted by an azbitrator to be selected by mutual agreemeni of the Employer and the Union within seven (7) catendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relation Boazd to subaut a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (lst) name; the Emptoyer sha21 then strike one (1) name. The process will be repeated and the remaining person shail be the azbitrator. r� L -12- ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) c�8„ c�� n U 22.5 The azbitrator shall have no right to amend, modafy, nullify, ignore, add to, or subtract from the provisions of this Agreement. The azbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shail have no authority to make a decision on any other issue not so submitted. The azbivator 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 of 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 azbitrator shall be fmal and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the azbitrator's services and proceedings shall be bome equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. ARTICLE 23 - RIGHT OF SUBCONTRACT i 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 sixty (60) calendaz day notice of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by this Agreement shali in al] cases be made only to employers who qualify in accordance with Ordinance 14013. ARTICLE 24 - NONDISCRIMINATION u 24.1 The terms and conditions of this Agreement will be applied to employees equaily without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, or because of membership or non-membership in the Union. 24.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public. -13- ARTICLE 25 - SEVERABILTTY 25.1 In the event that any provision(s) of ttus Agreement is declared to be conttary to law by proper legislative, administrative, or judicial authority from whose fmding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. • 25.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative, or judicial determination. ARTICLE 26 - WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right aze fully and completely set forth in this Agreement. 26Z Therefore, the Employer and the Union for the dura6on of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or conditions of employment whether specificaliy covered or not specifically covered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 263 Any and all prior ordinances, agreements, resolutions, prac6ces, policies, and rules or regulations regazding the terms and conditions of employment, to the extent they aze inconsistent with this Agreement, are hereby superseded. ARTICLE 27 - CITY MILEAGE PLAN C� 27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Legislative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions aze adopted. 27,2 Method of Computarion: To be eligible for such reimbursement, atl officers and employees must receive written authorization from the Department Head. Type i If an employee is required to use his/her own automobile OCCASIONALLY during employment the employee shall be reimbursed at the rate of $4.OQ per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addition, ihe employee shall be reunbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobite during empioyment and the department head or designatad representafive determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile drivett and shall not be eligible for any per diem. • -14- ARTICLE 27 - CITY MILEAGE PLAN (Continued) q�-9(oL� Type 2 If an empioyee is required to use his/her own automobile REGULARLY during • employment, the employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 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 hislher own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shail not be eligible for any per diem. 273 The City will provide parking at the Civic Center Pazking 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 pazking will be provided only for the days the employee is required to have his or her own personal caz available. 27.4 Rules and Regulations: The Mayor shall adopt rules and regulations goveming the procedures for automobile reimbursement, which regulations and rules shal] 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. ARTICLE 28 - SEVERANCE PAY 28.1 The Employer shall provide a severance pay program as set forth in this Article. 28.2 To be eligible for the severance pay program, an employee must meet the following requirements: 28.2(1) The employee must be 58 yeats of age or older or must be eligible for pension under the "rule of 85" or the "rule of 90" provisions of the Public Employees Retirement Association (PERA). The "rule of 85" or the "rule of 90" criteria shall also apply to employees covered by a public pension plan other than PERA. 28.2(2) The employee must be voluntarily separated from City empioyment or have been subject to separation by lay-off or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other discipiinary reason aze not eligible for the City severance pay program. 28.2(3) The employee must have at least ten (10) yeazs of consecutive service under the classified or unclassified Civil Service at the time of sepazation. • -15- ARTICLE 28 - SEVERANCE PAY (Continued) 28.2(4) The employee must file a waiver of re-employment with the Director of Personnel, which will cleazly indicate that by requesting severance pay, the employee waives all claims to reinstatement or re-employment (of any type), with the City. 28.2(5) The employee must have accumulated a minimum of eighty (80) days of sick leave credits at the time of his sepazation from service. 283 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of sepazation for each day of accrued sick leave subject to a maximum of $10,000. 28.4 For the purpose of this severance program, a death of an employee shall be considered as sepazation of employment, and if the employee would have met all of the requirements set forth above, at the tune of his or her death, payment of the severance pay will be made to the employee's estate or spouse. 28.5 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 28.6 This severance pay program shall be subject to and govemed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this Article shall control. 28.7 The provisions of this Article shall be effective as of May 1,1984. • 28.8 Any empioyee hired prior to February 15, 1974 may, in any event, and upon meeting the qualificarions 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. ARTICLE 29 - UNIFORM ALLOWANCE 29.1 A uniform allowance base of three hundred and fifry-five dollars ($355.00) as a clothing allowance on a voucher system is established for 1986 for all inspectional employees of the Fire Prevention Division of the Saint Paul Department of Fire and Safety Services covered by this Agreement. Items covered by ttris clothing allowance shall be defined by the Employer. • -16- ARTICLE 30 - DURATION AND PLEDGE 1 � � � � � � 30.1 This Agreement shall become effective as of the date of signing, except as specifically provided otherwise in Articles I 1 and 12, and shall remain in effect through the 30th day of April, 2001, and continue in effect from yeaz to yeaz thereafter unless notice to change or to terminate is given in the manner provided in 30.2. 30.1(1} Notwithstanding Article 30.1, the Employer and the Union agree to reopen Articles 11 and 12 of this Agreement no later than May 1, 2000 for the contract year May I, 2000 to April 30, 2001. 30.2 If either party desires to terminate or modify this Agreement, effective as of the date of expiration, the party wishing to modify or terminate the Agreement shall give written notice to the other pariy, not more than ninety (90) or less than sixty (60) calendaz days prior to the expiration date, provided, that the Agreement may only be so terminated or modified effective as of the expiration date. 303 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances conceming its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 30.3(1) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, wiil fully absent themselves from work, � stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment. 30.3(2) The Employer wili not engage in, instigate, or condone any lock-out of employees. 30.3(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. • -17- ARTICLE 30 - DURA.TION AND PLEDGE (Continued) �18� �� a ! Agreed to this �-/ th day of September, 1998, and attested to as the full and complete understanding of the parties for the period of tnne herein specified by the signature of the following representarive for the Employer and the Union: WITNES5ES CITY OF SAINT PAUL �"�5 f Mary H. earney City Labor Negoriator Date r1 U LJ �,� NffNNESOTA STATEWIDE DISTRICT COUNCIL OF CARPENTERS '^ �� Patrick Bristol Business Manager 9-30 - 9� Date �F:� APPENDIX A 98-5� The classes of positions recognized by the Employer as being exclusively represented by the Union aze as • follows: Carpenter Carpenter-Foreman Building Inspector Senior Buiiding Inspector and other classes which may be established by the Empioyer where both parties agree that the newly established classes should be represented by the Union. In the event that the parties cannot agree, the issue shall be determined by the State Bureau of MediaYion Services. n LJ . - A1 - , � • • r1 LJ APPENDIX B g�? q( l. The basic hourly wage rate for temporary employees appointed to the following class of positions shall be: 2. Carpenter Carpenter Foreman Building Inspector 1 st Step 2nd Step 3rd Step Senior Building Inspector Effective 04-25-98 $23.98* $2538* $23.98* $2538* $28.13* $30.01 * Effective 5/1/99 (or closest payroll period) $** g«* $*s $r* $*s $** * This rate includes a taxable vacation contribution of $1.82. **Effective May 1, 1999 there will be an additional $1.19 per hour increase added to the total package. The parties will agree prior to that date regazding the distribution of the $1.19 between wages and fringes. The basic hourly wage rate for regulaz employees appointed to the following class of positions who aze receiving the fringe benefits listed in Article 12 shall be: Carpenter Carpenter Foreman Building Inspector 1 st Step 2nd Step 3rd Step Senior Building Inspector Effective Effective 04-25-98 5/1/99 (or closest payroll period) $22.80* $** $24.13* $** $22.80* $** $24.13* $** $26.74* $** $28.53* $** * This rate includes a taxable vacation contribu6on of $1.82 **Effective May l, 1999 there wiil be an additional $1.19 per hour increase added to the total package. The parties will agree prior to that date regazding the distribution of the $1.19 between wages and fringes. Note: regular employees pay 5.18% to PERA. : APPENDIX B (Continued) � 8' 9� � • 3. The basic hourly wage rate for provisional, regulaz and probationary employees appointed to the following classes of positions and NOT receiving the Fringe Benefits listed in Article 12 (also known as City Benefitted Employees) shall be: Carpenter Carpenter Foreman Building Inspector 1 st Step 2nd Step 3rd Step Senior Building Inspector • Effective 4-25-98 $22.53 $23.69 $22.53 $23.69 $25.97 $27.51 Effective 5/1/99 (or closest payroll period) $ *: g +* $ ** $ *+ $ r* g ** **Effective May 1, 1999 there will be an additional $1.19 per hour increase added to the total package. The parties will agree prior to that date regazding the distribution of the $1.19 between wages and fringes. All Building Inspectors shall be paid the appropriate step in accordance with Section I(one), Subsection J of the St. Paul Salary Plan and Rates of Compensation. If the Union elects to have the contributions listed in Appendix C increased or decreased, the Employer may adjust the above applicable rates for participating employees in such a way that the totai cost of the package (wage rate plus contribution) remains constant. • :, APPENDIX C y8 • Effective Apri125, 1998, the Empioyer shall: (I) contribute to a Union designated Health , Welfare and Dental Fund $235 per hour for all hours worked by "participating employees," as defined in Articles 113, 11.4 and 11.5, of this Agreement. (2) contribute to a Defined Benefit Pension Fund $3.50 per hour for all hours worked by "participating employees." (3) contribute to a Defined Contribufion Pension Fund $.45 per hour for all hours worked by "participating empioyees". (4) contribute to a Vacation Fund $1.82 per hour for all hours worked by "participating employees." A payroll deduction in this amount shall be made from the hourly rates listed in Appendix B. (5) contribute to an Apprenticeship Training Fund $.14 per hour for all hours worked by "participating employees." . • - Cl ORI�IIVAL Presented Council File # �g - `�G � Green Sheet # 62411 RESOLUTION C1TY OF SAINT PAUL, MINNESOTA $ Referred To Committee Date 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 May 1998 through Apri12001 Labor Agreement between the City of Saint Paul and the Lakes and Plains 3 Regional Council of Carpenters and Joiners. DEPARTMEN7'fOFFICE7COUNCI[,: DATE [NITiATED GREEN SHEET No.: 62411 ��+ _�� LABOR RELATIONS 10-07-98 CONTACI' PERSON & PHONE: � IIV177ALDATE IN[17ALDn'iE JiJLIE KRAUS 266-6513 ASSIGN 1 DEPARTMENT DIR. �� 4 CITY COUNCIL NUMBER 2 C77"Y ATI'ORNEY �c CITY CLERK MUST BE Ol\ COUNCIL AGENDA BY (DATE) FOR BiJDGET DIR. FIN. & MGT. SERVICE DIR. ROUTIIVG 3 MAYOR (OR ASST.)� ORDER TOTAL # OF SIGNAT'6RE PAGES_1 (CLIP ALL LOCATIONS FOR SIGNATURE) ncnox �xeQuES�v: This resolution approves the attached May 1998 through Apri12001 Labor Agreement between the City of Saint Paul and the Lakes and Piains Regional Council of Carpenters and Joiners. RECOhIIvIENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS M[JST ANSWER Tf� FOLLOWING QUESTIONS: PLANNING COMMISSION ^ CI VIL SERVICE COMMISSION 1. Has this person/firm ever worked under a wnvact for this depamnent? _CIB WMMITTEE Yes No STAFF 2. Haz this persoNfum ever been a ciry employee? _DISTRICT COURT Yes No SUPPORTS WHICH COUNCIL OBJECTIVE? 3. Does thu person/fivn possess a skill not nortnally possessed by any current city employee?. Yes No Explaiv all yes answers oo separate sheet and attach to green sheet WITIATING PROBLEM, ISSUE, OPPOATUNITT (Who, What, When, Where, Why): ADYANTAGES IF APPROVE➢: An agreement in place through Apri13Q, 2001. � DISADVAATAGES IF APPROVED: DISADVANI'AGES IF NOT APPROVED: TOTALAMOiJNTOF'I'RANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE; ACTIVII'YNUMBER: FINANCWL INFORMATION: (EXPLAIN) �F3E.f.t�:s �`�'S°u;vl':'E � �� . � `��w� Attachment to Green Sheet ��'��.� City of Saint Paui and the Lakes and Plains Regional Council of Carpenters & Joiners Contract May 1998 through Apri12001 I. Article 11 - Wages (New - use of vacation). Participating employees sha11 use all vacation that they have earned and are eligible for as outlined in the Lakes and Plains Regional Council of Carpenters & Joiners Regulaz Vacation and Holiday & Reserve Trust Plan Documents. (113(1)). 2. Article 23 - Right of subcontract (Change). The Employer's requirement to notify the Umon of intent to subcontract is reduced from ninety days to sixty days. (23.1). 3. Article 28 - Severance (Eliminate School District Language). An employees time with the school district is no longer used to meet eligibility requirements for City benefit employees seeking severance pay. 4. Duration - 3 years (May 1, 1998 - April 30, 2001) with wage re-opener in third year. 5. Wages - Commercial Construction prevailing rate. 6. Retroactivity - Retroactive pay adjustments shall apply to ali employees of the bargaining unit except those who haue been terminated for cause. F:V.,ABREL\CONTAAC7lCARPENTRU998 00\GRNSHEET.WPD � � � -. � - � . �, �. -. � � � � � � : � "_ �:. � S'� °E �� _ ._ ._ ._�� - - �� _ = MAY THROU�H APRII:, 200I ;I;ABOR AG�2EEl�IENT = - _ .. r � �_ _ _ -_ - _ � � °° �be,twee�t .:- � �� - , ; �.� - � . ..�� .�, � T� :C3T'� �F��A��T P�,�L ` � _ � `� and ` . � ° � � =�� - _ , ; -;, � =LAKES Al�TD �'i.A�NS ��IO�AL C(3U�IC�L ' � �� O�"CA�El��ER� Al�D� �OIN�RS , . :'� _ " , _ ' - ,C�' 3 ' _' _ � " � '4 ' �- _ _ _ - . i INDEX � �- �� ARTICLE TTI'LE PAGE • .. Preamble ....................................................... ii 1 Purpose ..........................................................1 2 Recognition ......................................................1 3 Employer Rights ..................................................1 4 Union Rights .....................................................1 5 Scope ofthe Agreement .............................................2 6 Probationary Periods ...............................................2 7 Hoursof Work ....................................................3 8 Overtime ........................................................3 9 Ca1lBaciclCallIn ..................................................4 10 Work Location ....................................................4 11 Wages ...........................................................4 12 Fringe Benefits ....................................................5 13 Selection of Foreman and Generat Foreman . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 14 Insurance ........................................................5 15 Holidays .........................................................8 16 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 • 17 AbsencesFrom Work ..............................................9 18 Seniority .........................................................9 19 Jurisdiction ......................................................10 20 Sepazation ......................................................11 21 Tools ..........................................................11 22 Grievance Procedure ..............................................11 23 Rightof Subcontract ..............................................13 24 Nondiscrimination ................................................13 25 Severability .....................................................14 26 Waiver .........................................................14 27 City Mileage Plan ................................................14 28 Severance Pay ...................................................15 29 Uniform Allowance ...............................................16 30 Duration and Pledge ...............................................17 AppendixA .................................................... Ai AppendixB .................................................... B1 AppendixC .................................................... C1 • i ? PREAMBLE I 8- G I � � • This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the Lakes and Plains Regional Council of Carpenters and Joiners, hereinafter referred to as the Union. The Employer and the CTnion concur that this Agreement has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The Empioyer 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. Conshuctive attitudes of the City, the Union, and the individual employees will best serve the needs of the general public. ii ARTICLE 1- PURPOSE 9 8_ y(� a i.l The Employer and the Union agree that the purpose for entering into this Agreement is to: n U 1.1(1) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safery and well-being of all concemed; 1.1(2) l.l(3) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; Establish procedures to orderly and peacefuily resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a suppiement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legisiation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (Severability). ARTICLE 2 - RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collective bazgaining purposes for all personnel having an employment status of regular, probationary, provisionai, and temporary � employed in the classes of positions defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-478-A dated April 16, 1973. ARTICLE 3 - EMPLOYER RIGHTS • 3.1 The Employer retains the right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology, to establish and modify the organizational structure; to select, direct and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this Agreement. 3.2 Any "term or condition of employment" not established by this Agreement shall remain with the Employer to eliminate, modify, or establish following wtitten notification to the Union. ARTICLE 4 - UNION RIGHTS The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1 4.1(1) The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. -1- ARTICLE 4 - UNION RIGHTS (Continued) 4.1(2) The Union shall indemnify and save hazmless 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 bazgaining unit to act as a Stewazd and shall inform the Employer in writing of such designation. Such employee shall have the right and responsibilities as designated in Article 22 (Crrievance Procedure). 43 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 aze working. ARTICLE 5- SCOPE OF THE AGREEMENT At any time dtuing the probadonary period an employee may be terminated at the discretion of the Employer without appeal to the pzovisions of Article 22 (Grievance Procedure). 5.1 This Agreement establishes the "terms and conditions of employmenY' defined by M.S. 179.63, Subd. 1 S for all employees exclusively represented by the Union. Tlus Agreement shall sugersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnel, originaliy hired or rehired following separation, in a regulaz employment status shali serve a six (6) month probationary period during which rime the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.1(1) 6.1(2) n U • An employee temrinated 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 shall serve a six (6) month promotional probationary period during which time the employee's fitness and ability to perform the position's duties and responsibilities sha11 be evatuated. 6.2(1) At any time during the promorional probationary period an employee may be demoted to the employee's previously held class at ihe discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.2(2) An employee demoted during the promotional probationary period shall be retumed to the empioyee's previously held class and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. • -2- ' ARTICLE 7- HOURS OF WORK ��_ cj( Q � 7.1 The normal work day shall be eight (8) consecutive hours per day, exciuding a thirty (30) minute lunch period, between 7:00 a.m. and 5:30 p.m. • 7.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 7.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to estabiish 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. 7.4 Tlvs 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. 7.5 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. 7.6 All employees are subject to call back by the Employer as provided by Article 9(Call Back/Cail In). 7.7 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. � ARTICLE 8 - OVERTIME 8.1 All overtime compensated for by the Empioyer must receive prior authorization from a designated Employer supervisor. No overtune work claim will be honored for payment or credit uniess approved in advance. An overtime claim will not be honored, even though shown on the time cazd, unless the required advance approvai has been obtained. 8.2 The overtime rate of one and one-haif (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 8.2(1) Time worked in excess of eight (8) hours in any one normal work day and 8.2(2) Time worked in excess of forry (40) hours in any seven (7) day period. 83 For the purposes of calculating overtime compensation overtime hours worked shall t3ete not be "Pyramided", compounded, or paid twice for the same hours worked. 8.4 Overtime hours worked as provided by this Article shall be paid in cash or in compensatory time. The method of payment shall be detemuned solely by the Employer. � -3- ARTICLE 9- CALL BACK/CALL IN 9.1 The Employer retains the right to call in or call back employees before an employee has started a normal work day or normal work week and after an employee has compieted a normal work day or normal . work week. 9.2 Employees called in or called back shall receive a minimum of four (4) hours straight time pay at the basic hourly rate or shall be compensated in accordance with Article 8(Overtime), when applicable, whicheveris greater. 9.2(1) Notwithstanding Article 9.2, employees called in four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only or overtime hours worked in accordance with Article 8(Overtime). ARTICLE 10 - WORK LOCATION 10.1 Employees shall report to work locations as assigned by a designated Employer supervisor. During the normal work day employees may be assigned to other work locations at the d'uection of the Employer. ARTICLE 11 - WAGES 11.1 The basic hourly wage rates as established by Appendix B shatl be paid for atl hours worked by an employee. No retroactive payment shall be made to any employee who has terminated his/her • employment prior to signing of the new Agreement. 1 I.2 Employees who aze covered by the fringe benefits listed below (Citv benefitsl 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 12 (Fringe Benefits). 11.2(1) Insurance benefits as established by Article 14 11.2(2) Sick Leave as established by Resolution No. 3250, Section 20. i 1.2(3) Vacarion as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. I 1.2(4) Ten (10) legal holidays as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision I. 11.2(5) Severance benefits as established by Ordinance No. 11490 or as established by Article 28 in this Agreement, with a maximum payment of $10,000. 7 � ARTICLE 11 - WAGES (Continued) 9 8- 9� o I 13 Regulaz employees not covered by the fringe benefits listed in Article 11.2 above shall be considered, • for the purposes of this Agreement, "participating employees" and sha11 be compensated in accordance with Article 11.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12 (Fringe Benefits). 113(1) Participating employees shall use all vacation that they have earned and aze eligible for as outlined in the Lakes and Plains Regional Council of Carpenters & Joiners Regulaz Vacation and Holiday & Reserve Trust Plan Documents. 11.4 Provisional and temporary empioyees shall be considered, for the purposes of this Agreement, "participating employees" and shall be compensated in accordance with Article 11.1 (Wages) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 12 (Fringe Benefits). I 1.5 All regular employees employed after February 15, 1974, shall be considered, for the purpose of this Agreement, "participating employees" and sha11 be compensated in accordance with Article i i.l (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Articie 12 (Fringe Benefits). ARTICLE 12 - FRINGE BENEFITS • 12.1 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 C for all hours worked. ARTICLE 13 - SELECTION OF FOREMAN AND GENERAL FOREMAN 13.1 The selection of personnel for the class of Carpenter Foreman shall remain solely with the Employer. 13.2 The class of Carpenter Foreman shall be filled by employees of the bargaining unit on a"temporary assignment.° ARTICLE 14 - INSURANCE Active Employees 141 This Article shall apply to employees who aze eligible for the fringe benefits listed in Article 11.2 (City benefits). 14.1(1) The insurance plans, premiums for coverages, and benefits contained in the insurance plans ofFered by the Empioyer shali be solely controlled by the contracts negotiated by • the Employer and the benefit providers. However, the employees selecting the offered pians agree to accept any changes in benefits which a specific provider implements. -5- ARTICLE 14 - INSURANCE (Continued) 14.1(2) For empioyees who seleci singie coverage, the Empioyer wiil contribute I00% of the cost of the single premium. For employees who select dependent coverage, the Employer will contribute 50% of the cost of the dependent premium. U 14.1(3) The Employer will provide $5,000 of term life insnrance for each employee. Retiree Health Benefits 14.2 Employees who retire must meet the following conditions in order to be eligibie for the Employer contribution for retiree health benefits: 14.2(1) 14.2(2) 14.2(3) Be receiving benefits from a public employee retirement act covering employees of the City of Saint Paul at the time of retirement, and Have severed hislher relationship with the City of Saint Paul under one of the retiree plans, and Have severed his/her relationship with the Ciry of Saint Paul for reasons other than an involuntary termination for misconduct. Early Retirees (under age 65) 143 For those employees who retire before age 65 and aze eligible for eazly retiree benefits under the terms • set forth in Article 14.2 above and until such retirees reach sixty-five (65) years of age, the Employer shall continue to make the same contribution for eazly retiree benefits as those for acrive empioyees. 143(1) For eazly retirees selecting single coverage, the Employer will contribute 100% of the premium cost for single coverage. For eazly retirees selecting dependent coverage, the Employer wiil contribute 50% of the premium cost for dependent coverage. 14.3(2) 143(3) The Employer will also continue life insurance benefits for eligible eazly retirees in the same amount as provided to them as active employees. Life insurance benefits terminate at age 65. When such eazly retiree attains age 65, the provisions of Article 14.4 shall apply. C � � ARTICLE 14 - INSURANCE (Continued) Regular Retirees (age 65 and older) y8-��a • 14.4 Employees who retire at or after the age of sixty-five (65) must meet the conditions set forth in Article 14.2. 14.4(1) For such empioyees who retire on or before December 31, 1995, the Employer agrees to contrlbute 100% of the single or dependent premium cost for any health insurance plan offered to regular retirees and their dependents. This Article shail also apply to eazly retirees upon reaching age 65, who retired on or before December 31, 1995 under ttte provisions of Article 14.2. 14A(2) For such empioyees who retire after December 31, 1995, the Employer agrees to contribute a maximum of $550.00 per month towazd the premium for single or dependent health insurance coverage offered to regulaz retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Article shall also apply to eazly retirees upon reaching age 65, who retired after December 31, 1995 under the provisions of Article 14.2. Survivor Benefits 14.5 In the event of the death of an early retiree or a regular retiree, the dependent of the retiree shall have the • option, within thirty (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the premium and Employer contribution accorded to the eligible deceased retiree. It is further understood that coverage shall cease in the event of: i[�7 • 14.5(I) Subsequent remarriage of the surviving spouse of the deceased employee or retiree. 14.5(2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. The contributions indicated in Article 14 shali be paid to the Employer's third party administrator or designated representative. -7- ARTICLE 15 - HOLIDAYS 15.1 The following ten (10) days shall be designated as holidays: New Yeaz's Day, January 1 • Martin Luther King Day, third Monday in January (effective 1986) Presidents' Day, third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 15.2 When New Year's Day, Independence Day or Chrisunas Day falls on a Svnday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The ten (10) holidays shall be considered non-work days. 15.4 If in the judgment of the Employer personneI aze necessary for operating or emergency reasons, employees may be scheduled or "called back;' or "calied in," in accordance with Article 9(Call Back/Call In). 15.5 Participating employees, as defined in Articles 113,11.4 and 11.5, assigned to work on Martin Luther • King Day, Presidents' Day, Day After Thanksgiving, or Veterans' Day shaIl be compensated on a straight time basis for such hours worked. 15.6 Participating employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be coznpensated at the rate of two (2) times the basic hourly rate for such hours worked. 15.7 If an employee other than a Participating employee entided to a holiday is required to work on Martin Luther King Day, Presidents' Day, Day After Thanksgiving, or Veterans' Day, helshe shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department permits, or he/she shall be paid on a straight time basis for such hours worked, in adctition to his regulaz holiday pay. If an employee other than a participating employee entifled to a holiday is required to work on New Year s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, he/she shali be recompensed for work done on this day by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such hours worked, in addition to his/her regular holiday pay. Eligibility for holiday pay shall be determined in accordance with Section I, Subsection I of the Saint Paul Salary Plan and Rates of Compensation. • -8- �. ARTICLE 16 - DISCIPLINARY PROCEDURES y$_ c.� �� 16.1 The Employer shall have the right to impose disciplinary actions on employees for just cause. • 16.2 Disciplinary actions by the Employer shail inciude only the following actions: 162(1) Oralreprimand 16.2(2) Written reprimand 16.2(3) Suspension 16.2(4) Demotion 16.2(5) Dischazge i � 163 Employees who aze suspended, demoted, or dischazged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Boazd of Review. The Civil Service Commission, or a designated Boazd of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or dischazge. No appeal of a suspension, demotion, or dischazge shall be considered a"grievance" for the purpose of processing through the provisions of Article 22 (Grievance Procedure). ARTICLE 17 - ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of each work day. Failure to make such notification may be grounds for discipline as provided in Article 16 (Discipiinary Procedures). ��.z 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. 17.3 ARTICLE 18 - SENIORITY 18.1 Seniority, for the purposes of this Agreement, shall be defined as follows: 18.1(1) 181(2) "Master Seniority" - the length of continuous regulaz and probationary service with the Employer from the last date of employment in any and a11 class tifles covered by this Agreement. °Class Seniority" - the length of continuous regulat and probationary service with the Employer from the date an employee was first appointed to a class tiUe covered by this Agreement. -9- �RTICLE 18 - SENIORITY (Continued) 18.2 Seniority shali not accumulate during an unpaid leave of absence, except when such a leave is granted � for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointrnent to the unclassified service of the Employer, or to an elect• or appointed full-time position with the Union. 18.3 Seniority shall terminate when an employee retires, resigns, or is dischazged. 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". 18.5 The selecUOn of vacation periods shall be made by class title based on length of "Class Seniority", subject to the approval of the Employer. ARTICLE 19 - JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by ihe various unions representing employees of the Employer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 193 In the event of a dispute conceming the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutualiy 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 � dispute, or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 19.2 and 193 above shail be subject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. • -10- ARTICLE 20 - SEPARATION • � � � • . 20.1 Employees having a probationary or regulaz employment status shall be considered separated from employment based on the following actions: 20.1(1) Resignation Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1(2) 20.1(3) Discharge As provided in Article 16. Failure to Report for Duty As provided in Article 17. 20.2 Employees having a temporary or provisional employment ssatus may be terminated at the discretion of the Employer before the completion of a normal work day. ARTICLE 21 - TOOLS 21.1 Ail employees shall personally provide themselves with all necessary hand tools. ARTICLE 22 - GRIEVANCE PROCEDURE • 22.1 The Employer shall recognize the Stewazd selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the name of the Steward and of their successor when so named. u 22.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duries and responsibilities. The Stewazd involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Stewazd 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. 223 The procedure established by this Articie shall be the sole and exclusive procedure, except for the appeal of discipiinary action as provided by 163, for the processing of grievances, which are defined as an alieged violation of the terms and conditions of this Agreement. -11- ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) 22.4 Grievances shall be resolved in conformance with the following procedure: Step 1 Upon the occurrence of an alleged violation of tivs Agreement, the employee involved shall • attempt to resolve the matter on an informal basis with the employee`s supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendaz days of the first occurrence of the event giving rise to the gtievance 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) calendaz 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 remauts unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. T'he Union may refer the grievance in writing to Step 3 within seven (7) calendaz days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days foliowing receipt of the Employer's answer shall be considered waived. Step 3 Within seven (7) calendaz days foliowing receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or his/her designated representative and attempt to resolve the grievance. Within seven (7) calendaz days following tlus meefing, the Employer shall reply in writing to th• Union stating the Employer's answer concerning the grievance. If as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not refeaed to in writing by the Union to Step 4 within seven (7) caIendaz days following receipt of the Employer's answer shall be considered waived. Sfep 4 If the grievance remains unresolved, the Union aray witfiin seven (7} ca2endar days after the response of the Employer in Step 3, by written notice to the Employer, request azbitration of the grievance. The azbitration proceedings shall be condncted by an azbitrator to be selected by mutual agreemeni of the Employer and the Union within seven (7) catendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relation Boazd to subaut a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (lst) name; the Emptoyer sha21 then strike one (1) name. The process will be repeated and the remaining person shail be the azbitrator. r� L -12- ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) c�8„ c�� n U 22.5 The azbitrator shall have no right to amend, modafy, nullify, ignore, add to, or subtract from the provisions of this Agreement. The azbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shail have no authority to make a decision on any other issue not so submitted. The azbivator 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 of 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 azbitrator shall be fmal and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the azbitrator's services and proceedings shall be bome equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. ARTICLE 23 - RIGHT OF SUBCONTRACT i 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 sixty (60) calendaz day notice of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by this Agreement shali in al] cases be made only to employers who qualify in accordance with Ordinance 14013. ARTICLE 24 - NONDISCRIMINATION u 24.1 The terms and conditions of this Agreement will be applied to employees equaily without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, or because of membership or non-membership in the Union. 24.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public. -13- ARTICLE 25 - SEVERABILTTY 25.1 In the event that any provision(s) of ttus Agreement is declared to be conttary to law by proper legislative, administrative, or judicial authority from whose fmding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. • 25.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative, or judicial determination. ARTICLE 26 - WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right aze fully and completely set forth in this Agreement. 26Z Therefore, the Employer and the Union for the dura6on of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or conditions of employment whether specificaliy covered or not specifically covered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 263 Any and all prior ordinances, agreements, resolutions, prac6ces, policies, and rules or regulations regazding the terms and conditions of employment, to the extent they aze inconsistent with this Agreement, are hereby superseded. ARTICLE 27 - CITY MILEAGE PLAN C� 27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Legislative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions aze adopted. 27,2 Method of Computarion: To be eligible for such reimbursement, atl officers and employees must receive written authorization from the Department Head. Type i If an employee is required to use his/her own automobile OCCASIONALLY during employment the employee shall be reimbursed at the rate of $4.OQ per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addition, ihe employee shall be reunbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobite during empioyment and the department head or designatad representafive determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile drivett and shall not be eligible for any per diem. • -14- ARTICLE 27 - CITY MILEAGE PLAN (Continued) q�-9(oL� Type 2 If an empioyee is required to use his/her own automobile REGULARLY during • employment, the employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 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 hislher own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shail not be eligible for any per diem. 273 The City will provide parking at the Civic Center Pazking 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 pazking will be provided only for the days the employee is required to have his or her own personal caz available. 27.4 Rules and Regulations: The Mayor shall adopt rules and regulations goveming the procedures for automobile reimbursement, which regulations and rules shal] 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. ARTICLE 28 - SEVERANCE PAY 28.1 The Employer shall provide a severance pay program as set forth in this Article. 28.2 To be eligible for the severance pay program, an employee must meet the following requirements: 28.2(1) The employee must be 58 yeats of age or older or must be eligible for pension under the "rule of 85" or the "rule of 90" provisions of the Public Employees Retirement Association (PERA). The "rule of 85" or the "rule of 90" criteria shall also apply to employees covered by a public pension plan other than PERA. 28.2(2) The employee must be voluntarily separated from City empioyment or have been subject to separation by lay-off or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other discipiinary reason aze not eligible for the City severance pay program. 28.2(3) The employee must have at least ten (10) yeazs of consecutive service under the classified or unclassified Civil Service at the time of sepazation. • -15- ARTICLE 28 - SEVERANCE PAY (Continued) 28.2(4) The employee must file a waiver of re-employment with the Director of Personnel, which will cleazly indicate that by requesting severance pay, the employee waives all claims to reinstatement or re-employment (of any type), with the City. 28.2(5) The employee must have accumulated a minimum of eighty (80) days of sick leave credits at the time of his sepazation from service. 283 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of sepazation for each day of accrued sick leave subject to a maximum of $10,000. 28.4 For the purpose of this severance program, a death of an employee shall be considered as sepazation of employment, and if the employee would have met all of the requirements set forth above, at the tune of his or her death, payment of the severance pay will be made to the employee's estate or spouse. 28.5 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 28.6 This severance pay program shall be subject to and govemed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this Article shall control. 28.7 The provisions of this Article shall be effective as of May 1,1984. • 28.8 Any empioyee hired prior to February 15, 1974 may, in any event, and upon meeting the qualificarions 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. ARTICLE 29 - UNIFORM ALLOWANCE 29.1 A uniform allowance base of three hundred and fifry-five dollars ($355.00) as a clothing allowance on a voucher system is established for 1986 for all inspectional employees of the Fire Prevention Division of the Saint Paul Department of Fire and Safety Services covered by this Agreement. Items covered by ttris clothing allowance shall be defined by the Employer. • -16- ARTICLE 30 - DURATION AND PLEDGE 1 � � � � � � 30.1 This Agreement shall become effective as of the date of signing, except as specifically provided otherwise in Articles I 1 and 12, and shall remain in effect through the 30th day of April, 2001, and continue in effect from yeaz to yeaz thereafter unless notice to change or to terminate is given in the manner provided in 30.2. 30.1(1} Notwithstanding Article 30.1, the Employer and the Union agree to reopen Articles 11 and 12 of this Agreement no later than May 1, 2000 for the contract year May I, 2000 to April 30, 2001. 30.2 If either party desires to terminate or modify this Agreement, effective as of the date of expiration, the party wishing to modify or terminate the Agreement shall give written notice to the other pariy, not more than ninety (90) or less than sixty (60) calendaz days prior to the expiration date, provided, that the Agreement may only be so terminated or modified effective as of the expiration date. 303 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances conceming its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 30.3(1) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, wiil fully absent themselves from work, � stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment. 30.3(2) The Employer wili not engage in, instigate, or condone any lock-out of employees. 30.3(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. • -17- ARTICLE 30 - DURA.TION AND PLEDGE (Continued) �18� �� a ! Agreed to this �-/ th day of September, 1998, and attested to as the full and complete understanding of the parties for the period of tnne herein specified by the signature of the following representarive for the Employer and the Union: WITNES5ES CITY OF SAINT PAUL �"�5 f Mary H. earney City Labor Negoriator Date r1 U LJ �,� NffNNESOTA STATEWIDE DISTRICT COUNCIL OF CARPENTERS '^ �� Patrick Bristol Business Manager 9-30 - 9� Date �F:� APPENDIX A 98-5� The classes of positions recognized by the Employer as being exclusively represented by the Union aze as • follows: Carpenter Carpenter-Foreman Building Inspector Senior Buiiding Inspector and other classes which may be established by the Empioyer where both parties agree that the newly established classes should be represented by the Union. In the event that the parties cannot agree, the issue shall be determined by the State Bureau of MediaYion Services. n LJ . - A1 - , � • • r1 LJ APPENDIX B g�? q( l. The basic hourly wage rate for temporary employees appointed to the following class of positions shall be: 2. Carpenter Carpenter Foreman Building Inspector 1 st Step 2nd Step 3rd Step Senior Building Inspector Effective 04-25-98 $23.98* $2538* $23.98* $2538* $28.13* $30.01 * Effective 5/1/99 (or closest payroll period) $** g«* $*s $r* $*s $** * This rate includes a taxable vacation contribution of $1.82. **Effective May 1, 1999 there will be an additional $1.19 per hour increase added to the total package. The parties will agree prior to that date regazding the distribution of the $1.19 between wages and fringes. The basic hourly wage rate for regulaz employees appointed to the following class of positions who aze receiving the fringe benefits listed in Article 12 shall be: Carpenter Carpenter Foreman Building Inspector 1 st Step 2nd Step 3rd Step Senior Building Inspector Effective Effective 04-25-98 5/1/99 (or closest payroll period) $22.80* $** $24.13* $** $22.80* $** $24.13* $** $26.74* $** $28.53* $** * This rate includes a taxable vacation contribu6on of $1.82 **Effective May l, 1999 there wiil be an additional $1.19 per hour increase added to the total package. The parties will agree prior to that date regazding the distribution of the $1.19 between wages and fringes. Note: regular employees pay 5.18% to PERA. : APPENDIX B (Continued) � 8' 9� � • 3. The basic hourly wage rate for provisional, regulaz and probationary employees appointed to the following classes of positions and NOT receiving the Fringe Benefits listed in Article 12 (also known as City Benefitted Employees) shall be: Carpenter Carpenter Foreman Building Inspector 1 st Step 2nd Step 3rd Step Senior Building Inspector • Effective 4-25-98 $22.53 $23.69 $22.53 $23.69 $25.97 $27.51 Effective 5/1/99 (or closest payroll period) $ *: g +* $ ** $ *+ $ r* g ** **Effective May 1, 1999 there will be an additional $1.19 per hour increase added to the total package. The parties will agree prior to that date regazding the distribution of the $1.19 between wages and fringes. All Building Inspectors shall be paid the appropriate step in accordance with Section I(one), Subsection J of the St. Paul Salary Plan and Rates of Compensation. If the Union elects to have the contributions listed in Appendix C increased or decreased, the Employer may adjust the above applicable rates for participating employees in such a way that the totai cost of the package (wage rate plus contribution) remains constant. • :, APPENDIX C y8 • Effective Apri125, 1998, the Empioyer shall: (I) contribute to a Union designated Health , Welfare and Dental Fund $235 per hour for all hours worked by "participating employees," as defined in Articles 113, 11.4 and 11.5, of this Agreement. (2) contribute to a Defined Benefit Pension Fund $3.50 per hour for all hours worked by "participating employees." (3) contribute to a Defined Contribufion Pension Fund $.45 per hour for all hours worked by "participating empioyees". (4) contribute to a Vacation Fund $1.82 per hour for all hours worked by "participating employees." A payroll deduction in this amount shall be made from the hourly rates listed in Appendix B. (5) contribute to an Apprenticeship Training Fund $.14 per hour for all hours worked by "participating employees." . • - Cl