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98-997Council File # �q � Presented Referred To Committee Date 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 1998-2001 Maintenance Labor Agreement between the City of Saint Paul and the Bricklayers and Allied 3 Cra$workers Local No. 1 of Minnesota. � Green Sheet # 62412 RESOLUTION CITY OF SAINT PAUL, MINNESOTA ,� / � DEPARTMENT/OFFICF✓COUNCIL: DATE INTTIATED GREEN SHEET No.• 62412 LABORRELATIONS 10/20/98 ' �� CONTAC7' PERSON & PHONE: � IMTI�IJi7ATE INI7TAL/DAiE 7iTLIE KRAUS 266-6513 �IGN 1 DEPARTMENT DIR. � 4 CITY COL3NCIL NUMBER 2 CI7'Y ATTORNEY CITY CLERK MUST BE ON COUNC[L AGENDA BY (DATE) FOR BUIXiEC DIR. FIN. & MGT. SERVICE DIR ROUTING 3 MAYOR (OR ASST.).� ORDER TOTAL # OF SIGNA7'IJRE PAGES 7 (CLIP ALL LOCATIONS FOR SIGNATURE) ncnox xEQUESren: This resolution approves the attached 1998-2001 Maintenance Labor Agreement between the City of Saint Paul and the Bricklayers and Allied Craflworkers Local No. 1 of Minnesota. RECObIlvIENDAITONS:Approve(A)orReject(R) PERSONALSERVICECONTRAC7'SMUSTANSWERTHEFOLLOWING QUESTIONS: PLANN[NG COM2�9SSION CIVIL SERVICE COhIIvllSSION 1. Has this person/fvm ever workeA undu a wntract for this depaztment? CIB COMHIITTEE Yes No STAFF 2. Has tl�is pe:son/fvm ever been a city employee? DIS'IRICT COURT Yes No SUPPORTS WFDCH COIJNCIL OBJECTIVE? 3. Does this person/firm possess a skill not nonnaily possessed by any curtent city employee? Yes No Explain ail yes answers on separah sheei and attach ro green sheet IIVITIATING PROBLEM, ISSUE, OPPORT(JNITY (Who, What, Wbeo, Where, Why): ADVANTAGES IF APPROVED: � An agreement in place through Apri130, 2001. ��'T � DISADVANTAGESIFAPPROVED: ��+n� 9 9g .,�.�,� DISADVANTAGES IF NOT APPROVED: ' TOTAL AMOI3N'S' OF TRAT3SACTION: COST/ItEVENUE BUDGETED: FUNDING SOUACE: ACTIVI7'Y NUMBER: FINANCIAL IIVFORMATION: (EXPLAII� 6.su''.:'.':`�'� ��vf''.iy '�3 �'.�. :�i.Y�.� �� 3�� qg-qg� CHANGESTO CONTRACT BETWEEN CITY OF ST. PAUL AND BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL iJiVION NO.1 OF MINNESOTA 1. Clarifications: If necessary, revise to incorporate any changes: a). title change, (abolished, starred or created in titles as approved by the City Council). b). genderreferences. c). renumbering required by any agreed upon changes. 2. Article 11 Wages. 11_3 Participating emplovees shall use a11 vacation that they have earned and are elieible for as outlined in the Bricklayers and Allied Craftsman Local Union No. 1 of Minnesota Reeular Vacation and Holidav & Reserve Trust Plan Documents. (Safety concern) 3. Article 19 - Tools (Clarification Only) 19.1 All employees shall personally provide themselves with all necessarv hand tools. . (Eliminaxes duplication in contract). 4. Article 21 Right of Subcontract. 21.1 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 resuit in a reduction of the work force covered by this Agreement, the Employer shall give the Union a ninet}�{99j si 60 calendaz day notice of the intenrion to subcontract. 5. Article 26 Duration and Pledge. Two yeaz contract with a wate re-ogener for vear three. 6. Append'uc B (Clarification Only). Delete, incorporate language into 19.1. (See # 3) 7. Appendix C and D. Commercial Construction prevailing rate. F:�LABREL\CONTRACTIBRICKLYR\ 1998-00\GRS HTATT. W PD � � ; � � ��'� �� ; - MAY 1, _1998 THRU APRII: 30,,2001 ' ' _ MAINT�NAi�ICE LABOR AGREEMENT , , ,. �. : : : . - � � �, - � be�vveen - � � � ,. . � � � � - �:, ' THE �iTY UF StA�NT PAU� : _ - _ � m .- - r. <-: - - , � - _ � and-- � � >_ _ _ , = ��. � - . .' �z ' - B�tICKLAYERS 8z ALLI�D CRA.FTWORK�,RS :�O�A.I: I�i�iI01� i�0 1 QF MINNESOTA� � ,_ �_: ° 1� � � � INDEX ARTICLE TITLE PAGE Preamble ................................................. ii 1 Purpose ....................................................1 2 Recognition ................................................1 3 Employer Rights ............................................1 4 Union Rights ...............................................2 5 Scope ofthe Agreement .......................................2 6 Probationary Periods .........................................3 7 Hoursof Work ..............................................3 8 Overtime ..................................................4 9 Ca1lBack/CallIn ............................................5 10 Work Location ..............................................5 11 Wages .....................................................5 12 Fringe Benefit ..............................................5 � 13 Holidays ...................................................6 14 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 15 AbsencesFrom Work ........................................7 16 Seniority ...................................................8 17 Jurisdiction .................................................8 18 Separation .................................................9 19 Tools .....................................................9 20 Grievance Procedure ........................................10 21 Rightof Subcontract ........................................12 22 Nondiscrimination ..........................................13 23 Severability ...............................................13 24 Waiver ...................................................13 25 City Mileage Plan ..........................................14 26 Duration and Piedge .........................................15 Appendix .............................................. A1 Appendix B .............................................. B1 Appendix C .............................................. Cl • �IB�`l�� • PREAMBLE This Agreement is entered into between the CiTy of Saint Paui, hereinafter referred to as the Employer and the Bricklayers and Allied Craftworkers Local No. 1 of Minnesota hereinafter referred to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor management cooperation. The Employer and the Union both realize that this goal depends not only on the � words in the Agreement hut rather primarily on attitudes hetween people at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general public. • ii •' �• ! ARTICLE 1- PURPOSE � 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: i.l (I ) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; 1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; 1.1(3) Establish procedures to orderly and peacefully resoive disputes as to the application or interpretation of this Agreement without loss of productivity. I.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shail prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 23 (SEVERABILITY). � ARTICLE 2 - RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnei having an emgloyment status of regulaz, probationary, provisional 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-537-A dated June 4, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Empioyer 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 estabiished by this Agreement shall remain with the Employer to eliminate, modify, or establish following written notification to the Union. • -1- ARTICLE 4 - iJNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be rem_itted as directed by the Union. 4.1( I) The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. 4.1(2) The Union shall indemnify and save harmless the Employer &om any and a11 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 shali infortn the Employer in writing of such designation. Sucfl employee shail have the right and responsibilities as designated in Article 20 (GRIEVANCE PROCEDURE). 43 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his designated representative shall be pemutted to enter the facilities of the Employer where employees covered by this Agreement aze working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement established the "terms and conditions of employmenP' defined by M. S. 179.63, Subdivision 18 for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance and Council Resolurion. -2- �� C� • • , I � ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnei, originally hired or rehired following separation, in a regular employment status shall serve a six (6) month probationary period during which time the employee's fimess and ability to perform the position's duties and responsibilities shall be evaluated. 6.1(1) At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 20 (GRIEVANCE PROCEDURE}. 6.1(2) An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class shail 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 shall be evaluated. 6.2(1) At any time during the promotional probationary period an employee may be demoted to the employee's previously held class at the discretion of the Employer without appeal to the provisions of Article 20 (GRIEVANCE PROCEDURE). � 6.2.2 An employee demoted during the promotional probationary period shall be retumed to the employee's previously held ciass and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7- HOURS OF WORK 7.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute lunch period between the hours of 7:00 a.m. and 530 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 slufts 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 This section shali not be construed as, and is not a guarantee of, any hours of work per normal work day or per normai work week. � -3- ARTICLE 7- HOURS OF WORK (Continued) 7.5 All emptoyees 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 AI2 employees aze subject to call-back by the Employer as provided by Article 9(CALL BACK/CALL II�. 7.7 Employees reporting for work at the established starting time and for whom no work is available sfiall 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 Employer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even � though shown on the timecazd, unless the required advance approval has been obtained. 8.2 The overtime rate of one and one-half (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 forty (40) hours in a seven (7) day period. 83 For the purposes of calculating overtime compensation overtime hours worked shall 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 as deternuned by the Employer. -4- • qS-g97 ARTICLE 9- CALL BACKiCALL IN • 9.1 The Employer retains the right to call back/call in employees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 9.2 Empioyees called in or called back shall receive a minimum of four (4) hours straight time pay at the basic hourly rate or shali be compensated in accordance with Article 8 (OVERTIME), when applicable, whichever is greater. 9.2(i) Notwithstanding Article 92, employees called in four (4) hours or less prior to their normal work day shall complete the normal work day and he compensated only for overtime hours worked in accordance with Article 8(OVERTIME). ARTICLE 10 - WORK LOCATION 10.1 Empioyees shall report to work location as assigned by a designated Employer supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the Employer. • ARTICLE 11- WAGES 11.1 The basic hourly wage rates as established by Appendix C shall be paid for ail hours worked by an employee. 11.2 Regular, provisionai and temporary employees 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). 113 Participating employees shall use all vacation that they have earned and aze eligible for as outlined in the Bricklayers and Allied Craftworkers Local Union No. 1 of Minnesota Regulaz Vacation and Holiday & Reserve Trust Plan Documents. ARTICLE 12 - FRINGE BENE�'ITS 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. • -5- ARTICLE 13 - HOLIDAYS 13.1 The following ten (1Q) days shall be designated as holidays: New Year's Day, January 1 Martin Luther King Day, third Monday in January 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 Chrishnas Day, December 25 13.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 133 The ten (10) holidays shall be considered non-work days. � 13.4 If, in the judgment of the Employer, personnel aze necessary for operating or emergency • reasons, employees may be scheduled or "called in or called back" in accordance with Article 9 (CALL BACK/CALL IN). 13.5 Employees assigned to work on Martin Luther King Day, Presidents' Day, Veterans' Day or the Day After Thanksgiving shalI be compensated on a straight time basis for such hours worked. 13.6 Employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. -6- • � � •. � ARTICLE 14 - DISCIPLINARY PROCEDURES 14.1 14.2 The Employer shall have the right to impose disciplinary actions on employees for jusi cause. Disciplinary actions by the Employer shall include only the following actions: 14.2(1) Oral reprimand. 14.2(2) Written reprimand. 14.2(3) Suspension. 14.2(4) Demotion. 14.2(5) Discharge. � � 14.3 Employees who aze suspended, demoted, or discharged 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 Board or Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. l�o appeal of a suspension, demotion, or discharge shall be considered a"grievance" for the purpose of processing through the provisions of Article 20 (GRIEVANCE PROCEDURE). ARTICLE 15 - ABSENCES FROM WORK 15.1 Employees who aze unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 15.2 Failure to make such notification may be ground for discipline as provided in Article 14 (DISCIPLINARY PROCEDURES). 15.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a"quit" by the Employer on the part of the empioyee. -7- ARTICLE 16 - SENIORITY 16.I Seniority, for the purpose ofthis Agreement, shall be defined as foltows: 16.1(1) "Master Seniority" - the length of continuous regulaz and probationary service with the Employer from the last date of employment in any and all class titles covered by this Agreement. 16.1(2) "Class Seniority" - The length of continuous regulaz and probationary service with the Employer from the date an employee was first appointed to a class tifle covered by this Agreement. 16.2 Seniority shall not accumulate during an anpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of iliness or injury; is granted to ailow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 163 Seniority shall terminate when an employee retires, resigns, or is dischazged. n L.J 16.4 In the event it is determined by the Employer that it is necessary to reduce the work force, employees wiII be Iaid off by class ride within each department based on inverse length of "Class Senioriry". Employees laid off shall have the right to reinstatement in any • previousiy held lower paid class title covered by this Agreement, provided such employee has grealer "Class Seniority" than the employee being replaced. I6.5 The setection of vacation periods shail be made by class tide based on length of "Class Seniority", subject to the approval of the Employer. ARTICLE 17 - NRISDICTION 17.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate subject to determination by the various unions representing employees of the Employer. 17.2 The Employer agrees to be guided 'ut the assignment of work jurisdiction by mutval agreements between the unions involved. -8- • gS-q97 � • � ARTICLE 17 - JITRISDICTION (Continued) 17.3 In the event of a dispute conceming the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 17.4 Any employee refusing to perform work as�igned by the Employer and as ciarified by Section 17.2 and 17.3 above shall be subject to disciplinary acrion as provided in Article 14 (DISCIPLINARY PROCEDURES). 17.5 There shali be no work stoppage, slow down, or any disruption of work resulting from a work assignment. ARTICLE 18 - SEPARATION 18.1 Employees having a probationary or regulaz employment status shall be considered sepazated from employment based on the following actions: 18.1(1) 18.1(2) 18.1(3) Resignation. Employees resigning from employment shall give written notice fourteen (14) calendaz days prior to the effective date of the resignation. Discharge. As provided in Article 14. Failure to Report for Duty. As provided in Article 15. 18.2 Employees having a temporary or pzovisional employment status may be terminated at the discretion of the Employer before the completion of a normal work day. ARTICLE 19 - TOOLS 19.1 All employees sha11 personally provide themselves with all necessary hand tools. -9- ARTICLE 20 - GRIEVANCE PROCEDURE 20.1 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 his/her successor when so aamed. 20.2 It is recognized ai�d accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 20.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciptinary action as provided by 143, for the processing of grievances, which aze defined as an alleged violation of the terms and conditions of this Agreement. C� 20.4 Grievances shall be resolved in conformance with the following procedure: • Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee invotved 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 shatl 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 Yhe Agreement not redviced Yo writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonabte diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. -10- � i� I� ARTICLE 20 - GRIEVANCE PROCEDURE (Continued) � Step 2. Within seven ('n calendar days aRer receiving the written grievance a designated Employer Supervisor shalI meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendaz days following receipt of the Employer's answer shall be considered waived. Step 3. Within seven (7) calendar days following receipt of a grievance refeaed from Step 2 a designated Employer Supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendaz days following this meeting the Employer shall reply in writing to the Union stating the Employer's answer conceming 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) calendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the resgonse of the Employer in Step 3, by written notice to the Employer, request azbitration of the grievance. The azbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendaz days after notice has been given. If the parties fail to mutually agree upon an azbitrator within the said seven ('n day period, either party may request the Public Employment Relations Boazd to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The tJnion shall strike the first (lst) name; the Employer shall then strike one (1) name. The process wi11 be repeated and the remaining person shall be the azbitrator. • -11- ARTICLE 20 - GRIEVANCE PROCEDURE (Continued) . 20.5 The arbitraYOr shall have no right to amend, modify, 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 shall have no authority to make a decision on any other issue not so submitted. The azbitrator shail 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 azbitrator's decision shall be submitted in writing within thirry (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the azbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union and the employees. 20.6 The fees and eapenses for the azbitrator's services and proceedings shatl be bome equally by the EmpIoyer and the Union, provided that eacfi party shait be responsible for compensating iu 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. 20.7 The time limits in each step of ttris procedure may be extended by mutual agreement of . the Employer and the Union. ARTICLE 21- RIGHT OF SUBCONTRACT 21.1 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) calendar day notice of the inteation to subcontract. 21.2 The subcontracting of work done by the employees covered by this Agreement shatl in all cases be made oaly to employers who qualify ia accordance with Ordiaance No. 14013. -12- � �� i�7 ARTICLE 22 - NONDISCRIMINATION • 22.1 The terms and conditions of this Agreement will be applied to emgloyees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, disability, or because of inembership or non-membership in the Union. 22.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 23 - SEVERABILITY 23.1 In the event that any provision(s) of this Agreement is declazed to be contrary 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 shal] continue in full force and effect. 23.2 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 24 - WAIVER � 24.1 The Bmployer 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 fuily and completely set forth in this Agreement. 24.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or conditions of emp]oyment 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. 243 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regazding the terms and conditions of employment, to the eatent they aze inconsistent with this Agreement, aze hereby superseded. � -13- ARTICLE 25 - CITY MILEAGE 25.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrarive 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. 25.2 Method of Computation: To be eligible for such reimbursement, ail officers and employees must receive writtea authorization from the Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIdNALLY during employment, the employee shaII be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's posirion. 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 ihat an employer vehicle is available for the employee's use but the employee desires to use hisJher own automobile, then the employee shall be rettnbursed at the rate of $.20 per mile driven and shall not be etigible for any per diem. � Type 2. If an employee is required to use his/her own automobile REGiJLARLY � 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 achially driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines fhat an employer vahicle is available for the employee's use but the employee desires to use his/her owa automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shail not be eligible for any per diem. This Article 25.2 shall become effecrive on the first day of the first month following the date of the signing of this Agreement. 253 The City will provide pazking at the Civic Center Pazking Ramp for City employees on either of the above mentioaed types af 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 car available. -14- • r• •r i ARTICLE 25 - CITY MILEAGE (Continued) � 25.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports 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 petsonal 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 2b - DURATION AND PLEDGE 26.1 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 'an 26.2. 26.2 If either party desires to terminate or modify this Agreement, the party wishing to modify or terminate the Agreement shall give written notice to the other party, not more than • ninety (90) or less than sixty (60) calendar days prior to the expiration date. The Agreement may only be so terminated or modified effective as of the expiration date. 26.2(1) Notwithstanding Article 26.2, the Employer and the Union agree to reopen Article I 1 and 12 of this Agreement no later than May I, 2000 for the contract yeaz May l, 2000 to Apri130, 2001. 26.3 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the grievance procedure herein established is the means by which grievances concerning iis applica6on or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 26.3(I) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or pazt from the full, faithful performance of their duties of employment. 263(2) The Employer will not engage in, instigate, or condone any lock-out of employees. • -15- �� • r • ARTICLE 26 - DURATION AND PLEDGE (Continued) 263(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 Adniinistrafion of the City, and is also subject to ratification by the Union. AGREED to this�Q day of October, 1998, and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representative for the Empioyer and the Union. WITNESSES: CITY OF SAINT PAUL • M��rne y d� City Labor Negotiator • BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL NO. 1 OF MN .�i� il Gary Goblirsch President Q� i � I � • APPENDIX A The classes of positions recognized by the Employer as being exclusively represented by the Union aze as follows: Bricklayer Masonry Inspector and other classes of positions that may be established by the Employer where the duties and responsibilities assigned are deternvned by the Bureau of Mediation Services to be appropriately represented by this bargaining unit. � • -Al- 9 8-44� APPENDIX B • a. The basic hourly wage rate for temporary employees appointed to the following classes of positions shail be: Effective 04-25-98 Class Base Wage Taxabie Rate: Base plus Vacation & Dues. Bricklayer $2191 $23.91 Bricklayer Foreman $23.41 $25.41 Masonry Inspector lst step $21.91 $23.91 2ndstep $23.A1 $25.41 3rd step $25.63 $27.63 C� b. The basic hourly wage rate for provisional, regular and probationary employees appointed to the foliowing classes of positions shall be: Effective 04-25-98 Class Base Wage Taxable Rate: Base plus Vacation & Dues. Bricklayer $20.83 $22.73 Bricklayer Foreman $22.2b $24.16 Masonry Inspector lststep $20.53 $22.73 2nd step $2226 $24.16 3rd step $2437 $26.27 Note: Regular employees pay 5.1 S% to PERA (example: 23.91Y 1.0518 = 22.73) C� Effective 5/1/99 there wiil be an additional $135 added to the hourly total package from which these wages and benefits are calculated. Foreman's pay shall be increased by $20 per hour. The parties will agree prior to that date as to the distribution of the increase among the wages and various fringes. : •• •s APPENDIX C � Effective Apri125, 1998 the Employer shall: a. conhibute to a Union designated Health and Welfare Fund $3.25 per hour for ail hours worked by employees covered by this Agreement. b. contribute to a Local Pension Fund $3.09 per hour for al1 hours worked by employees covered by this Agreement. c. contribute to an International Union Pension Fund $.50 per hour for all hours worked by employees covered by this Agreement. d. contribute to an Apprenticeship Training Fund $.10 per hour for all hours worked by employees covered by this Agreement. e. contzibute to a Vacation Fund $1.53 per hour for all hours worked by employees covered by this Agreement. This amount shall be in the form of a payroil deduction from the rates in Appendix B. f. contribute to a Dues Fund $.47 per hour for ail hours worked by employees covered by this Agreement. This amount shall be in the form of a payroll deduction from the rates in . Appendix B. The above contributions may be increased or decreased as long as the appiicable hourly rates in Appendix B for employees aze decreased or increased by the same total amount. All contributions made in accordance with this Appendix C shall be forwarded to depositories as directed by the Union. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. With the excep6on of the usage of sick leave banked as a result of the 1994 Memorandum of Agreement, employees covered by this Agreement shall not be eligible for, governed by, or accumulate vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance, or Council Resolutions. The Employer's fringe benefit obligation is limited to the contribufions andlor deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. • - Cl- ,� � � � �98--4Q7- �" :: �� . - - - � - Council File # �q � Presented Referred To Committee Date 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 1998-2001 Maintenance Labor Agreement between the City of Saint Paul and the Bricklayers and Allied 3 Cra$workers Local No. 1 of Minnesota. � Green Sheet # 62412 RESOLUTION CITY OF SAINT PAUL, MINNESOTA ,� / � DEPARTMENT/OFFICF✓COUNCIL: DATE INTTIATED GREEN SHEET No.• 62412 LABORRELATIONS 10/20/98 ' �� CONTAC7' PERSON & PHONE: � IMTI�IJi7ATE INI7TAL/DAiE 7iTLIE KRAUS 266-6513 �IGN 1 DEPARTMENT DIR. � 4 CITY COL3NCIL NUMBER 2 CI7'Y ATTORNEY CITY CLERK MUST BE ON COUNC[L AGENDA BY (DATE) FOR BUIXiEC DIR. FIN. & MGT. SERVICE DIR ROUTING 3 MAYOR (OR ASST.).� ORDER TOTAL # OF SIGNA7'IJRE PAGES 7 (CLIP ALL LOCATIONS FOR SIGNATURE) ncnox xEQUESren: This resolution approves the attached 1998-2001 Maintenance Labor Agreement between the City of Saint Paul and the Bricklayers and Allied Craflworkers Local No. 1 of Minnesota. RECObIlvIENDAITONS:Approve(A)orReject(R) PERSONALSERVICECONTRAC7'SMUSTANSWERTHEFOLLOWING QUESTIONS: PLANN[NG COM2�9SSION CIVIL SERVICE COhIIvllSSION 1. Has this person/fvm ever workeA undu a wntract for this depaztment? CIB COMHIITTEE Yes No STAFF 2. Has tl�is pe:son/fvm ever been a city employee? DIS'IRICT COURT Yes No SUPPORTS WFDCH COIJNCIL OBJECTIVE? 3. Does this person/firm possess a skill not nonnaily possessed by any curtent city employee? Yes No Explain ail yes answers on separah sheei and attach ro green sheet IIVITIATING PROBLEM, ISSUE, OPPORT(JNITY (Who, What, Wbeo, Where, Why): ADVANTAGES IF APPROVED: � An agreement in place through Apri130, 2001. ��'T � DISADVANTAGESIFAPPROVED: ��+n� 9 9g .,�.�,� DISADVANTAGES IF NOT APPROVED: ' TOTAL AMOI3N'S' OF TRAT3SACTION: COST/ItEVENUE BUDGETED: FUNDING SOUACE: ACTIVI7'Y NUMBER: FINANCIAL IIVFORMATION: (EXPLAII� 6.su''.:'.':`�'� ��vf''.iy '�3 �'.�. :�i.Y�.� �� 3�� qg-qg� CHANGESTO CONTRACT BETWEEN CITY OF ST. PAUL AND BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL iJiVION NO.1 OF MINNESOTA 1. Clarifications: If necessary, revise to incorporate any changes: a). title change, (abolished, starred or created in titles as approved by the City Council). b). genderreferences. c). renumbering required by any agreed upon changes. 2. Article 11 Wages. 11_3 Participating emplovees shall use a11 vacation that they have earned and are elieible for as outlined in the Bricklayers and Allied Craftsman Local Union No. 1 of Minnesota Reeular Vacation and Holidav & Reserve Trust Plan Documents. (Safety concern) 3. Article 19 - Tools (Clarification Only) 19.1 All employees shall personally provide themselves with all necessarv hand tools. . (Eliminaxes duplication in contract). 4. Article 21 Right of Subcontract. 21.1 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 resuit in a reduction of the work force covered by this Agreement, the Employer shall give the Union a ninet}�{99j si 60 calendaz day notice of the intenrion to subcontract. 5. Article 26 Duration and Pledge. Two yeaz contract with a wate re-ogener for vear three. 6. Append'uc B (Clarification Only). Delete, incorporate language into 19.1. (See # 3) 7. Appendix C and D. Commercial Construction prevailing rate. F:�LABREL\CONTRACTIBRICKLYR\ 1998-00\GRS HTATT. W PD � � ; � � ��'� �� ; - MAY 1, _1998 THRU APRII: 30,,2001 ' ' _ MAINT�NAi�ICE LABOR AGREEMENT , , ,. �. : : : . - � � �, - � be�vveen - � � � ,. . � � � � - �:, ' THE �iTY UF StA�NT PAU� : _ - _ � m .- - r. <-: - - , � - _ � and-- � � >_ _ _ , = ��. � - . .' �z ' - B�tICKLAYERS 8z ALLI�D CRA.FTWORK�,RS :�O�A.I: I�i�iI01� i�0 1 QF MINNESOTA� � ,_ �_: ° 1� � � � INDEX ARTICLE TITLE PAGE Preamble ................................................. ii 1 Purpose ....................................................1 2 Recognition ................................................1 3 Employer Rights ............................................1 4 Union Rights ...............................................2 5 Scope ofthe Agreement .......................................2 6 Probationary Periods .........................................3 7 Hoursof Work ..............................................3 8 Overtime ..................................................4 9 Ca1lBack/CallIn ............................................5 10 Work Location ..............................................5 11 Wages .....................................................5 12 Fringe Benefit ..............................................5 � 13 Holidays ...................................................6 14 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 15 AbsencesFrom Work ........................................7 16 Seniority ...................................................8 17 Jurisdiction .................................................8 18 Separation .................................................9 19 Tools .....................................................9 20 Grievance Procedure ........................................10 21 Rightof Subcontract ........................................12 22 Nondiscrimination ..........................................13 23 Severability ...............................................13 24 Waiver ...................................................13 25 City Mileage Plan ..........................................14 26 Duration and Piedge .........................................15 Appendix .............................................. A1 Appendix B .............................................. B1 Appendix C .............................................. Cl • �IB�`l�� • PREAMBLE This Agreement is entered into between the CiTy of Saint Paui, hereinafter referred to as the Employer and the Bricklayers and Allied Craftworkers Local No. 1 of Minnesota hereinafter referred to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor management cooperation. The Employer and the Union both realize that this goal depends not only on the � words in the Agreement hut rather primarily on attitudes hetween people at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general public. • ii •' �• ! ARTICLE 1- PURPOSE � 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: i.l (I ) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; 1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; 1.1(3) Establish procedures to orderly and peacefully resoive disputes as to the application or interpretation of this Agreement without loss of productivity. I.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shail prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 23 (SEVERABILITY). � ARTICLE 2 - RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnei having an emgloyment status of regulaz, probationary, provisional 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-537-A dated June 4, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Empioyer 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 estabiished by this Agreement shall remain with the Employer to eliminate, modify, or establish following written notification to the Union. • -1- ARTICLE 4 - iJNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be rem_itted as directed by the Union. 4.1( I) The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. 4.1(2) The Union shall indemnify and save harmless the Employer &om any and a11 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 shali infortn the Employer in writing of such designation. Sucfl employee shail have the right and responsibilities as designated in Article 20 (GRIEVANCE PROCEDURE). 43 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his designated representative shall be pemutted to enter the facilities of the Employer where employees covered by this Agreement aze working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement established the "terms and conditions of employmenP' defined by M. S. 179.63, Subdivision 18 for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance and Council Resolurion. -2- �� C� • • , I � ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnei, originally hired or rehired following separation, in a regular employment status shall serve a six (6) month probationary period during which time the employee's fimess and ability to perform the position's duties and responsibilities shall be evaluated. 6.1(1) At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 20 (GRIEVANCE PROCEDURE}. 6.1(2) An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class shail 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 shall be evaluated. 6.2(1) At any time during the promotional probationary period an employee may be demoted to the employee's previously held class at the discretion of the Employer without appeal to the provisions of Article 20 (GRIEVANCE PROCEDURE). � 6.2.2 An employee demoted during the promotional probationary period shall be retumed to the employee's previously held ciass and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7- HOURS OF WORK 7.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute lunch period between the hours of 7:00 a.m. and 530 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 slufts 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 This section shali not be construed as, and is not a guarantee of, any hours of work per normal work day or per normai work week. � -3- ARTICLE 7- HOURS OF WORK (Continued) 7.5 All emptoyees 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 AI2 employees aze subject to call-back by the Employer as provided by Article 9(CALL BACK/CALL II�. 7.7 Employees reporting for work at the established starting time and for whom no work is available sfiall 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 Employer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even � though shown on the timecazd, unless the required advance approval has been obtained. 8.2 The overtime rate of one and one-half (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 forty (40) hours in a seven (7) day period. 83 For the purposes of calculating overtime compensation overtime hours worked shall 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 as deternuned by the Employer. -4- • qS-g97 ARTICLE 9- CALL BACKiCALL IN • 9.1 The Employer retains the right to call back/call in employees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 9.2 Empioyees called in or called back shall receive a minimum of four (4) hours straight time pay at the basic hourly rate or shali be compensated in accordance with Article 8 (OVERTIME), when applicable, whichever is greater. 9.2(i) Notwithstanding Article 92, employees called in four (4) hours or less prior to their normal work day shall complete the normal work day and he compensated only for overtime hours worked in accordance with Article 8(OVERTIME). ARTICLE 10 - WORK LOCATION 10.1 Empioyees shall report to work location as assigned by a designated Employer supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the Employer. • ARTICLE 11- WAGES 11.1 The basic hourly wage rates as established by Appendix C shall be paid for ail hours worked by an employee. 11.2 Regular, provisionai and temporary employees 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). 113 Participating employees shall use all vacation that they have earned and aze eligible for as outlined in the Bricklayers and Allied Craftworkers Local Union No. 1 of Minnesota Regulaz Vacation and Holiday & Reserve Trust Plan Documents. ARTICLE 12 - FRINGE BENE�'ITS 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. • -5- ARTICLE 13 - HOLIDAYS 13.1 The following ten (1Q) days shall be designated as holidays: New Year's Day, January 1 Martin Luther King Day, third Monday in January 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 Chrishnas Day, December 25 13.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 133 The ten (10) holidays shall be considered non-work days. � 13.4 If, in the judgment of the Employer, personnel aze necessary for operating or emergency • reasons, employees may be scheduled or "called in or called back" in accordance with Article 9 (CALL BACK/CALL IN). 13.5 Employees assigned to work on Martin Luther King Day, Presidents' Day, Veterans' Day or the Day After Thanksgiving shalI be compensated on a straight time basis for such hours worked. 13.6 Employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. -6- • � � •. � ARTICLE 14 - DISCIPLINARY PROCEDURES 14.1 14.2 The Employer shall have the right to impose disciplinary actions on employees for jusi cause. Disciplinary actions by the Employer shall include only the following actions: 14.2(1) Oral reprimand. 14.2(2) Written reprimand. 14.2(3) Suspension. 14.2(4) Demotion. 14.2(5) Discharge. � � 14.3 Employees who aze suspended, demoted, or discharged 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 Board or Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. l�o appeal of a suspension, demotion, or discharge shall be considered a"grievance" for the purpose of processing through the provisions of Article 20 (GRIEVANCE PROCEDURE). ARTICLE 15 - ABSENCES FROM WORK 15.1 Employees who aze unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 15.2 Failure to make such notification may be ground for discipline as provided in Article 14 (DISCIPLINARY PROCEDURES). 15.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a"quit" by the Employer on the part of the empioyee. -7- ARTICLE 16 - SENIORITY 16.I Seniority, for the purpose ofthis Agreement, shall be defined as foltows: 16.1(1) "Master Seniority" - the length of continuous regulaz and probationary service with the Employer from the last date of employment in any and all class titles covered by this Agreement. 16.1(2) "Class Seniority" - The length of continuous regulaz and probationary service with the Employer from the date an employee was first appointed to a class tifle covered by this Agreement. 16.2 Seniority shall not accumulate during an anpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of iliness or injury; is granted to ailow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 163 Seniority shall terminate when an employee retires, resigns, or is dischazged. n L.J 16.4 In the event it is determined by the Employer that it is necessary to reduce the work force, employees wiII be Iaid off by class ride within each department based on inverse length of "Class Senioriry". Employees laid off shall have the right to reinstatement in any • previousiy held lower paid class title covered by this Agreement, provided such employee has grealer "Class Seniority" than the employee being replaced. I6.5 The setection of vacation periods shail be made by class tide based on length of "Class Seniority", subject to the approval of the Employer. ARTICLE 17 - NRISDICTION 17.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate subject to determination by the various unions representing employees of the Employer. 17.2 The Employer agrees to be guided 'ut the assignment of work jurisdiction by mutval agreements between the unions involved. -8- • gS-q97 � • � ARTICLE 17 - JITRISDICTION (Continued) 17.3 In the event of a dispute conceming the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 17.4 Any employee refusing to perform work as�igned by the Employer and as ciarified by Section 17.2 and 17.3 above shall be subject to disciplinary acrion as provided in Article 14 (DISCIPLINARY PROCEDURES). 17.5 There shali be no work stoppage, slow down, or any disruption of work resulting from a work assignment. ARTICLE 18 - SEPARATION 18.1 Employees having a probationary or regulaz employment status shall be considered sepazated from employment based on the following actions: 18.1(1) 18.1(2) 18.1(3) Resignation. Employees resigning from employment shall give written notice fourteen (14) calendaz days prior to the effective date of the resignation. Discharge. As provided in Article 14. Failure to Report for Duty. As provided in Article 15. 18.2 Employees having a temporary or pzovisional employment status may be terminated at the discretion of the Employer before the completion of a normal work day. ARTICLE 19 - TOOLS 19.1 All employees sha11 personally provide themselves with all necessary hand tools. -9- ARTICLE 20 - GRIEVANCE PROCEDURE 20.1 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 his/her successor when so aamed. 20.2 It is recognized ai�d accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 20.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciptinary action as provided by 143, for the processing of grievances, which aze defined as an alleged violation of the terms and conditions of this Agreement. C� 20.4 Grievances shall be resolved in conformance with the following procedure: • Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee invotved 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 shatl 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 Yhe Agreement not redviced Yo writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonabte diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. -10- � i� I� ARTICLE 20 - GRIEVANCE PROCEDURE (Continued) � Step 2. Within seven ('n calendar days aRer receiving the written grievance a designated Employer Supervisor shalI meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendaz days following receipt of the Employer's answer shall be considered waived. Step 3. Within seven (7) calendar days following receipt of a grievance refeaed from Step 2 a designated Employer Supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendaz days following this meeting the Employer shall reply in writing to the Union stating the Employer's answer conceming 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) calendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the resgonse of the Employer in Step 3, by written notice to the Employer, request azbitration of the grievance. The azbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendaz days after notice has been given. If the parties fail to mutually agree upon an azbitrator within the said seven ('n day period, either party may request the Public Employment Relations Boazd to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The tJnion shall strike the first (lst) name; the Employer shall then strike one (1) name. The process wi11 be repeated and the remaining person shall be the azbitrator. • -11- ARTICLE 20 - GRIEVANCE PROCEDURE (Continued) . 20.5 The arbitraYOr shall have no right to amend, modify, 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 shall have no authority to make a decision on any other issue not so submitted. The azbitrator shail 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 azbitrator's decision shall be submitted in writing within thirry (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the azbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union and the employees. 20.6 The fees and eapenses for the azbitrator's services and proceedings shatl be bome equally by the EmpIoyer and the Union, provided that eacfi party shait be responsible for compensating iu 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. 20.7 The time limits in each step of ttris procedure may be extended by mutual agreement of . the Employer and the Union. ARTICLE 21- RIGHT OF SUBCONTRACT 21.1 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) calendar day notice of the inteation to subcontract. 21.2 The subcontracting of work done by the employees covered by this Agreement shatl in all cases be made oaly to employers who qualify ia accordance with Ordiaance No. 14013. -12- � �� i�7 ARTICLE 22 - NONDISCRIMINATION • 22.1 The terms and conditions of this Agreement will be applied to emgloyees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, disability, or because of inembership or non-membership in the Union. 22.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 23 - SEVERABILITY 23.1 In the event that any provision(s) of this Agreement is declazed to be contrary 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 shal] continue in full force and effect. 23.2 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 24 - WAIVER � 24.1 The Bmployer 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 fuily and completely set forth in this Agreement. 24.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or conditions of emp]oyment 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. 243 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regazding the terms and conditions of employment, to the eatent they aze inconsistent with this Agreement, aze hereby superseded. � -13- ARTICLE 25 - CITY MILEAGE 25.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrarive 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. 25.2 Method of Computation: To be eligible for such reimbursement, ail officers and employees must receive writtea authorization from the Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIdNALLY during employment, the employee shaII be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's posirion. 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 ihat an employer vehicle is available for the employee's use but the employee desires to use hisJher own automobile, then the employee shall be rettnbursed at the rate of $.20 per mile driven and shall not be etigible for any per diem. � Type 2. If an employee is required to use his/her own automobile REGiJLARLY � 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 achially driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines fhat an employer vahicle is available for the employee's use but the employee desires to use his/her owa automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shail not be eligible for any per diem. This Article 25.2 shall become effecrive on the first day of the first month following the date of the signing of this Agreement. 253 The City will provide pazking at the Civic Center Pazking Ramp for City employees on either of the above mentioaed types af 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 car available. -14- • r• •r i ARTICLE 25 - CITY MILEAGE (Continued) � 25.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports 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 petsonal 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 2b - DURATION AND PLEDGE 26.1 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 'an 26.2. 26.2 If either party desires to terminate or modify this Agreement, the party wishing to modify or terminate the Agreement shall give written notice to the other party, not more than • ninety (90) or less than sixty (60) calendar days prior to the expiration date. The Agreement may only be so terminated or modified effective as of the expiration date. 26.2(1) Notwithstanding Article 26.2, the Employer and the Union agree to reopen Article I 1 and 12 of this Agreement no later than May I, 2000 for the contract yeaz May l, 2000 to Apri130, 2001. 26.3 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the grievance procedure herein established is the means by which grievances concerning iis applica6on or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 26.3(I) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or pazt from the full, faithful performance of their duties of employment. 263(2) The Employer will not engage in, instigate, or condone any lock-out of employees. • -15- �� • r • ARTICLE 26 - DURATION AND PLEDGE (Continued) 263(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 Adniinistrafion of the City, and is also subject to ratification by the Union. AGREED to this�Q day of October, 1998, and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representative for the Empioyer and the Union. WITNESSES: CITY OF SAINT PAUL • M��rne y d� City Labor Negotiator • BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL NO. 1 OF MN .�i� il Gary Goblirsch President Q� i � I � • APPENDIX A The classes of positions recognized by the Employer as being exclusively represented by the Union aze as follows: Bricklayer Masonry Inspector and other classes of positions that may be established by the Employer where the duties and responsibilities assigned are deternvned by the Bureau of Mediation Services to be appropriately represented by this bargaining unit. � • -Al- 9 8-44� APPENDIX B • a. The basic hourly wage rate for temporary employees appointed to the following classes of positions shail be: Effective 04-25-98 Class Base Wage Taxabie Rate: Base plus Vacation & Dues. Bricklayer $2191 $23.91 Bricklayer Foreman $23.41 $25.41 Masonry Inspector lst step $21.91 $23.91 2ndstep $23.A1 $25.41 3rd step $25.63 $27.63 C� b. The basic hourly wage rate for provisional, regular and probationary employees appointed to the foliowing classes of positions shall be: Effective 04-25-98 Class Base Wage Taxable Rate: Base plus Vacation & Dues. Bricklayer $20.83 $22.73 Bricklayer Foreman $22.2b $24.16 Masonry Inspector lststep $20.53 $22.73 2nd step $2226 $24.16 3rd step $2437 $26.27 Note: Regular employees pay 5.1 S% to PERA (example: 23.91Y 1.0518 = 22.73) C� Effective 5/1/99 there wiil be an additional $135 added to the hourly total package from which these wages and benefits are calculated. Foreman's pay shall be increased by $20 per hour. The parties will agree prior to that date as to the distribution of the increase among the wages and various fringes. : •• •s APPENDIX C � Effective Apri125, 1998 the Employer shall: a. conhibute to a Union designated Health and Welfare Fund $3.25 per hour for ail hours worked by employees covered by this Agreement. b. contribute to a Local Pension Fund $3.09 per hour for al1 hours worked by employees covered by this Agreement. c. contribute to an International Union Pension Fund $.50 per hour for all hours worked by employees covered by this Agreement. d. contribute to an Apprenticeship Training Fund $.10 per hour for all hours worked by employees covered by this Agreement. e. contzibute to a Vacation Fund $1.53 per hour for all hours worked by employees covered by this Agreement. This amount shall be in the form of a payroil deduction from the rates in Appendix B. f. contribute to a Dues Fund $.47 per hour for ail hours worked by employees covered by this Agreement. This amount shall be in the form of a payroll deduction from the rates in . Appendix B. The above contributions may be increased or decreased as long as the appiicable hourly rates in Appendix B for employees aze decreased or increased by the same total amount. All contributions made in accordance with this Appendix C shall be forwarded to depositories as directed by the Union. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. With the excep6on of the usage of sick leave banked as a result of the 1994 Memorandum of Agreement, employees covered by this Agreement shall not be eligible for, governed by, or accumulate vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance, or Council Resolutions. The Employer's fringe benefit obligation is limited to the contribufions andlor deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. • - Cl- ,� � � � �98--4Q7- �" :: �� . - - - � - Council File # �q � Presented Referred To Committee Date 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 1998-2001 Maintenance Labor Agreement between the City of Saint Paul and the Bricklayers and Allied 3 Cra$workers Local No. 1 of Minnesota. � Green Sheet # 62412 RESOLUTION CITY OF SAINT PAUL, MINNESOTA ,� / � DEPARTMENT/OFFICF✓COUNCIL: DATE INTTIATED GREEN SHEET No.• 62412 LABORRELATIONS 10/20/98 ' �� CONTAC7' PERSON & PHONE: � IMTI�IJi7ATE INI7TAL/DAiE 7iTLIE KRAUS 266-6513 �IGN 1 DEPARTMENT DIR. � 4 CITY COL3NCIL NUMBER 2 CI7'Y ATTORNEY CITY CLERK MUST BE ON COUNC[L AGENDA BY (DATE) FOR BUIXiEC DIR. FIN. & MGT. SERVICE DIR ROUTING 3 MAYOR (OR ASST.).� ORDER TOTAL # OF SIGNA7'IJRE PAGES 7 (CLIP ALL LOCATIONS FOR SIGNATURE) ncnox xEQUESren: This resolution approves the attached 1998-2001 Maintenance Labor Agreement between the City of Saint Paul and the Bricklayers and Allied Craflworkers Local No. 1 of Minnesota. RECObIlvIENDAITONS:Approve(A)orReject(R) PERSONALSERVICECONTRAC7'SMUSTANSWERTHEFOLLOWING QUESTIONS: PLANN[NG COM2�9SSION CIVIL SERVICE COhIIvllSSION 1. Has this person/fvm ever workeA undu a wntract for this depaztment? CIB COMHIITTEE Yes No STAFF 2. Has tl�is pe:son/fvm ever been a city employee? DIS'IRICT COURT Yes No SUPPORTS WFDCH COIJNCIL OBJECTIVE? 3. Does this person/firm possess a skill not nonnaily possessed by any curtent city employee? Yes No Explain ail yes answers on separah sheei and attach ro green sheet IIVITIATING PROBLEM, ISSUE, OPPORT(JNITY (Who, What, Wbeo, Where, Why): ADVANTAGES IF APPROVED: � An agreement in place through Apri130, 2001. ��'T � DISADVANTAGESIFAPPROVED: ��+n� 9 9g .,�.�,� DISADVANTAGES IF NOT APPROVED: ' TOTAL AMOI3N'S' OF TRAT3SACTION: COST/ItEVENUE BUDGETED: FUNDING SOUACE: ACTIVI7'Y NUMBER: FINANCIAL IIVFORMATION: (EXPLAII� 6.su''.:'.':`�'� ��vf''.iy '�3 �'.�. :�i.Y�.� �� 3�� qg-qg� CHANGESTO CONTRACT BETWEEN CITY OF ST. PAUL AND BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL iJiVION NO.1 OF MINNESOTA 1. Clarifications: If necessary, revise to incorporate any changes: a). title change, (abolished, starred or created in titles as approved by the City Council). b). genderreferences. c). renumbering required by any agreed upon changes. 2. Article 11 Wages. 11_3 Participating emplovees shall use a11 vacation that they have earned and are elieible for as outlined in the Bricklayers and Allied Craftsman Local Union No. 1 of Minnesota Reeular Vacation and Holidav & Reserve Trust Plan Documents. (Safety concern) 3. Article 19 - Tools (Clarification Only) 19.1 All employees shall personally provide themselves with all necessarv hand tools. . (Eliminaxes duplication in contract). 4. Article 21 Right of Subcontract. 21.1 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 resuit in a reduction of the work force covered by this Agreement, the Employer shall give the Union a ninet}�{99j si 60 calendaz day notice of the intenrion to subcontract. 5. Article 26 Duration and Pledge. Two yeaz contract with a wate re-ogener for vear three. 6. Append'uc B (Clarification Only). Delete, incorporate language into 19.1. (See # 3) 7. Appendix C and D. Commercial Construction prevailing rate. F:�LABREL\CONTRACTIBRICKLYR\ 1998-00\GRS HTATT. W PD � � ; � � ��'� �� ; - MAY 1, _1998 THRU APRII: 30,,2001 ' ' _ MAINT�NAi�ICE LABOR AGREEMENT , , ,. �. : : : . - � � �, - � be�vveen - � � � ,. . � � � � - �:, ' THE �iTY UF StA�NT PAU� : _ - _ � m .- - r. <-: - - , � - _ � and-- � � >_ _ _ , = ��. � - . .' �z ' - B�tICKLAYERS 8z ALLI�D CRA.FTWORK�,RS :�O�A.I: I�i�iI01� i�0 1 QF MINNESOTA� � ,_ �_: ° 1� � � � INDEX ARTICLE TITLE PAGE Preamble ................................................. ii 1 Purpose ....................................................1 2 Recognition ................................................1 3 Employer Rights ............................................1 4 Union Rights ...............................................2 5 Scope ofthe Agreement .......................................2 6 Probationary Periods .........................................3 7 Hoursof Work ..............................................3 8 Overtime ..................................................4 9 Ca1lBack/CallIn ............................................5 10 Work Location ..............................................5 11 Wages .....................................................5 12 Fringe Benefit ..............................................5 � 13 Holidays ...................................................6 14 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 15 AbsencesFrom Work ........................................7 16 Seniority ...................................................8 17 Jurisdiction .................................................8 18 Separation .................................................9 19 Tools .....................................................9 20 Grievance Procedure ........................................10 21 Rightof Subcontract ........................................12 22 Nondiscrimination ..........................................13 23 Severability ...............................................13 24 Waiver ...................................................13 25 City Mileage Plan ..........................................14 26 Duration and Piedge .........................................15 Appendix .............................................. A1 Appendix B .............................................. B1 Appendix C .............................................. Cl • �IB�`l�� • PREAMBLE This Agreement is entered into between the CiTy of Saint Paui, hereinafter referred to as the Employer and the Bricklayers and Allied Craftworkers Local No. 1 of Minnesota hereinafter referred to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor management cooperation. The Employer and the Union both realize that this goal depends not only on the � words in the Agreement hut rather primarily on attitudes hetween people at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general public. • ii •' �• ! ARTICLE 1- PURPOSE � 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: i.l (I ) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; 1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; 1.1(3) Establish procedures to orderly and peacefully resoive disputes as to the application or interpretation of this Agreement without loss of productivity. I.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shail prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 23 (SEVERABILITY). � ARTICLE 2 - RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnei having an emgloyment status of regulaz, probationary, provisional 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-537-A dated June 4, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Empioyer 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 estabiished by this Agreement shall remain with the Employer to eliminate, modify, or establish following written notification to the Union. • -1- ARTICLE 4 - iJNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be rem_itted as directed by the Union. 4.1( I) The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. 4.1(2) The Union shall indemnify and save harmless the Employer &om any and a11 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 shali infortn the Employer in writing of such designation. Sucfl employee shail have the right and responsibilities as designated in Article 20 (GRIEVANCE PROCEDURE). 43 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his designated representative shall be pemutted to enter the facilities of the Employer where employees covered by this Agreement aze working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement established the "terms and conditions of employmenP' defined by M. S. 179.63, Subdivision 18 for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance and Council Resolurion. -2- �� C� • • , I � ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnei, originally hired or rehired following separation, in a regular employment status shall serve a six (6) month probationary period during which time the employee's fimess and ability to perform the position's duties and responsibilities shall be evaluated. 6.1(1) At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 20 (GRIEVANCE PROCEDURE}. 6.1(2) An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class shail 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 shall be evaluated. 6.2(1) At any time during the promotional probationary period an employee may be demoted to the employee's previously held class at the discretion of the Employer without appeal to the provisions of Article 20 (GRIEVANCE PROCEDURE). � 6.2.2 An employee demoted during the promotional probationary period shall be retumed to the employee's previously held ciass and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7- HOURS OF WORK 7.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute lunch period between the hours of 7:00 a.m. and 530 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 slufts 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 This section shali not be construed as, and is not a guarantee of, any hours of work per normal work day or per normai work week. � -3- ARTICLE 7- HOURS OF WORK (Continued) 7.5 All emptoyees 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 AI2 employees aze subject to call-back by the Employer as provided by Article 9(CALL BACK/CALL II�. 7.7 Employees reporting for work at the established starting time and for whom no work is available sfiall 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 Employer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even � though shown on the timecazd, unless the required advance approval has been obtained. 8.2 The overtime rate of one and one-half (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 forty (40) hours in a seven (7) day period. 83 For the purposes of calculating overtime compensation overtime hours worked shall 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 as deternuned by the Employer. -4- • qS-g97 ARTICLE 9- CALL BACKiCALL IN • 9.1 The Employer retains the right to call back/call in employees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 9.2 Empioyees called in or called back shall receive a minimum of four (4) hours straight time pay at the basic hourly rate or shali be compensated in accordance with Article 8 (OVERTIME), when applicable, whichever is greater. 9.2(i) Notwithstanding Article 92, employees called in four (4) hours or less prior to their normal work day shall complete the normal work day and he compensated only for overtime hours worked in accordance with Article 8(OVERTIME). ARTICLE 10 - WORK LOCATION 10.1 Empioyees shall report to work location as assigned by a designated Employer supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the Employer. • ARTICLE 11- WAGES 11.1 The basic hourly wage rates as established by Appendix C shall be paid for ail hours worked by an employee. 11.2 Regular, provisionai and temporary employees 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). 113 Participating employees shall use all vacation that they have earned and aze eligible for as outlined in the Bricklayers and Allied Craftworkers Local Union No. 1 of Minnesota Regulaz Vacation and Holiday & Reserve Trust Plan Documents. ARTICLE 12 - FRINGE BENE�'ITS 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. • -5- ARTICLE 13 - HOLIDAYS 13.1 The following ten (1Q) days shall be designated as holidays: New Year's Day, January 1 Martin Luther King Day, third Monday in January 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 Chrishnas Day, December 25 13.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 133 The ten (10) holidays shall be considered non-work days. � 13.4 If, in the judgment of the Employer, personnel aze necessary for operating or emergency • reasons, employees may be scheduled or "called in or called back" in accordance with Article 9 (CALL BACK/CALL IN). 13.5 Employees assigned to work on Martin Luther King Day, Presidents' Day, Veterans' Day or the Day After Thanksgiving shalI be compensated on a straight time basis for such hours worked. 13.6 Employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. -6- • � � •. � ARTICLE 14 - DISCIPLINARY PROCEDURES 14.1 14.2 The Employer shall have the right to impose disciplinary actions on employees for jusi cause. Disciplinary actions by the Employer shall include only the following actions: 14.2(1) Oral reprimand. 14.2(2) Written reprimand. 14.2(3) Suspension. 14.2(4) Demotion. 14.2(5) Discharge. � � 14.3 Employees who aze suspended, demoted, or discharged 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 Board or Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. l�o appeal of a suspension, demotion, or discharge shall be considered a"grievance" for the purpose of processing through the provisions of Article 20 (GRIEVANCE PROCEDURE). ARTICLE 15 - ABSENCES FROM WORK 15.1 Employees who aze unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 15.2 Failure to make such notification may be ground for discipline as provided in Article 14 (DISCIPLINARY PROCEDURES). 15.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a"quit" by the Employer on the part of the empioyee. -7- ARTICLE 16 - SENIORITY 16.I Seniority, for the purpose ofthis Agreement, shall be defined as foltows: 16.1(1) "Master Seniority" - the length of continuous regulaz and probationary service with the Employer from the last date of employment in any and all class titles covered by this Agreement. 16.1(2) "Class Seniority" - The length of continuous regulaz and probationary service with the Employer from the date an employee was first appointed to a class tifle covered by this Agreement. 16.2 Seniority shall not accumulate during an anpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of iliness or injury; is granted to ailow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 163 Seniority shall terminate when an employee retires, resigns, or is dischazged. n L.J 16.4 In the event it is determined by the Employer that it is necessary to reduce the work force, employees wiII be Iaid off by class ride within each department based on inverse length of "Class Senioriry". Employees laid off shall have the right to reinstatement in any • previousiy held lower paid class title covered by this Agreement, provided such employee has grealer "Class Seniority" than the employee being replaced. I6.5 The setection of vacation periods shail be made by class tide based on length of "Class Seniority", subject to the approval of the Employer. ARTICLE 17 - NRISDICTION 17.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate subject to determination by the various unions representing employees of the Employer. 17.2 The Employer agrees to be guided 'ut the assignment of work jurisdiction by mutval agreements between the unions involved. -8- • gS-q97 � • � ARTICLE 17 - JITRISDICTION (Continued) 17.3 In the event of a dispute conceming the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 17.4 Any employee refusing to perform work as�igned by the Employer and as ciarified by Section 17.2 and 17.3 above shall be subject to disciplinary acrion as provided in Article 14 (DISCIPLINARY PROCEDURES). 17.5 There shali be no work stoppage, slow down, or any disruption of work resulting from a work assignment. ARTICLE 18 - SEPARATION 18.1 Employees having a probationary or regulaz employment status shall be considered sepazated from employment based on the following actions: 18.1(1) 18.1(2) 18.1(3) Resignation. Employees resigning from employment shall give written notice fourteen (14) calendaz days prior to the effective date of the resignation. Discharge. As provided in Article 14. Failure to Report for Duty. As provided in Article 15. 18.2 Employees having a temporary or pzovisional employment status may be terminated at the discretion of the Employer before the completion of a normal work day. ARTICLE 19 - TOOLS 19.1 All employees sha11 personally provide themselves with all necessary hand tools. -9- ARTICLE 20 - GRIEVANCE PROCEDURE 20.1 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 his/her successor when so aamed. 20.2 It is recognized ai�d accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 20.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciptinary action as provided by 143, for the processing of grievances, which aze defined as an alleged violation of the terms and conditions of this Agreement. C� 20.4 Grievances shall be resolved in conformance with the following procedure: • Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee invotved 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 shatl 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 Yhe Agreement not redviced Yo writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonabte diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. -10- � i� I� ARTICLE 20 - GRIEVANCE PROCEDURE (Continued) � Step 2. Within seven ('n calendar days aRer receiving the written grievance a designated Employer Supervisor shalI meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendaz days following receipt of the Employer's answer shall be considered waived. Step 3. Within seven (7) calendar days following receipt of a grievance refeaed from Step 2 a designated Employer Supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendaz days following this meeting the Employer shall reply in writing to the Union stating the Employer's answer conceming 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) calendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the resgonse of the Employer in Step 3, by written notice to the Employer, request azbitration of the grievance. The azbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendaz days after notice has been given. If the parties fail to mutually agree upon an azbitrator within the said seven ('n day period, either party may request the Public Employment Relations Boazd to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The tJnion shall strike the first (lst) name; the Employer shall then strike one (1) name. The process wi11 be repeated and the remaining person shall be the azbitrator. • -11- ARTICLE 20 - GRIEVANCE PROCEDURE (Continued) . 20.5 The arbitraYOr shall have no right to amend, modify, 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 shall have no authority to make a decision on any other issue not so submitted. The azbitrator shail 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 azbitrator's decision shall be submitted in writing within thirry (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the azbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union and the employees. 20.6 The fees and eapenses for the azbitrator's services and proceedings shatl be bome equally by the EmpIoyer and the Union, provided that eacfi party shait be responsible for compensating iu 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. 20.7 The time limits in each step of ttris procedure may be extended by mutual agreement of . the Employer and the Union. ARTICLE 21- RIGHT OF SUBCONTRACT 21.1 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) calendar day notice of the inteation to subcontract. 21.2 The subcontracting of work done by the employees covered by this Agreement shatl in all cases be made oaly to employers who qualify ia accordance with Ordiaance No. 14013. -12- � �� i�7 ARTICLE 22 - NONDISCRIMINATION • 22.1 The terms and conditions of this Agreement will be applied to emgloyees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, disability, or because of inembership or non-membership in the Union. 22.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 23 - SEVERABILITY 23.1 In the event that any provision(s) of this Agreement is declazed to be contrary 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 shal] continue in full force and effect. 23.2 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 24 - WAIVER � 24.1 The Bmployer 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 fuily and completely set forth in this Agreement. 24.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or conditions of emp]oyment 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. 243 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regazding the terms and conditions of employment, to the eatent they aze inconsistent with this Agreement, aze hereby superseded. � -13- ARTICLE 25 - CITY MILEAGE 25.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrarive 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. 25.2 Method of Computation: To be eligible for such reimbursement, ail officers and employees must receive writtea authorization from the Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIdNALLY during employment, the employee shaII be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's posirion. 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 ihat an employer vehicle is available for the employee's use but the employee desires to use hisJher own automobile, then the employee shall be rettnbursed at the rate of $.20 per mile driven and shall not be etigible for any per diem. � Type 2. If an employee is required to use his/her own automobile REGiJLARLY � 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 achially driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines fhat an employer vahicle is available for the employee's use but the employee desires to use his/her owa automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shail not be eligible for any per diem. This Article 25.2 shall become effecrive on the first day of the first month following the date of the signing of this Agreement. 253 The City will provide pazking at the Civic Center Pazking Ramp for City employees on either of the above mentioaed types af 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 car available. -14- • r• •r i ARTICLE 25 - CITY MILEAGE (Continued) � 25.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports 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 petsonal 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 2b - DURATION AND PLEDGE 26.1 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 'an 26.2. 26.2 If either party desires to terminate or modify this Agreement, the party wishing to modify or terminate the Agreement shall give written notice to the other party, not more than • ninety (90) or less than sixty (60) calendar days prior to the expiration date. The Agreement may only be so terminated or modified effective as of the expiration date. 26.2(1) Notwithstanding Article 26.2, the Employer and the Union agree to reopen Article I 1 and 12 of this Agreement no later than May I, 2000 for the contract yeaz May l, 2000 to Apri130, 2001. 26.3 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the grievance procedure herein established is the means by which grievances concerning iis applica6on or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 26.3(I) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or pazt from the full, faithful performance of their duties of employment. 263(2) The Employer will not engage in, instigate, or condone any lock-out of employees. • -15- �� • r • ARTICLE 26 - DURATION AND PLEDGE (Continued) 263(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 Adniinistrafion of the City, and is also subject to ratification by the Union. AGREED to this�Q day of October, 1998, and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representative for the Empioyer and the Union. WITNESSES: CITY OF SAINT PAUL • M��rne y d� City Labor Negotiator • BRICKLAYERS & ALLIED CRAFTWORKERS LOCAL NO. 1 OF MN .�i� il Gary Goblirsch President Q� i � I � • APPENDIX A The classes of positions recognized by the Employer as being exclusively represented by the Union aze as follows: Bricklayer Masonry Inspector and other classes of positions that may be established by the Employer where the duties and responsibilities assigned are deternvned by the Bureau of Mediation Services to be appropriately represented by this bargaining unit. � • -Al- 9 8-44� APPENDIX B • a. The basic hourly wage rate for temporary employees appointed to the following classes of positions shail be: Effective 04-25-98 Class Base Wage Taxabie Rate: Base plus Vacation & Dues. Bricklayer $2191 $23.91 Bricklayer Foreman $23.41 $25.41 Masonry Inspector lst step $21.91 $23.91 2ndstep $23.A1 $25.41 3rd step $25.63 $27.63 C� b. The basic hourly wage rate for provisional, regular and probationary employees appointed to the foliowing classes of positions shall be: Effective 04-25-98 Class Base Wage Taxable Rate: Base plus Vacation & Dues. Bricklayer $20.83 $22.73 Bricklayer Foreman $22.2b $24.16 Masonry Inspector lststep $20.53 $22.73 2nd step $2226 $24.16 3rd step $2437 $26.27 Note: Regular employees pay 5.1 S% to PERA (example: 23.91Y 1.0518 = 22.73) C� Effective 5/1/99 there wiil be an additional $135 added to the hourly total package from which these wages and benefits are calculated. Foreman's pay shall be increased by $20 per hour. The parties will agree prior to that date as to the distribution of the increase among the wages and various fringes. : •• •s APPENDIX C � Effective Apri125, 1998 the Employer shall: a. conhibute to a Union designated Health and Welfare Fund $3.25 per hour for ail hours worked by employees covered by this Agreement. b. contribute to a Local Pension Fund $3.09 per hour for al1 hours worked by employees covered by this Agreement. c. contribute to an International Union Pension Fund $.50 per hour for all hours worked by employees covered by this Agreement. d. contribute to an Apprenticeship Training Fund $.10 per hour for all hours worked by employees covered by this Agreement. e. contzibute to a Vacation Fund $1.53 per hour for all hours worked by employees covered by this Agreement. This amount shall be in the form of a payroil deduction from the rates in Appendix B. f. contribute to a Dues Fund $.47 per hour for ail hours worked by employees covered by this Agreement. This amount shall be in the form of a payroll deduction from the rates in . Appendix B. The above contributions may be increased or decreased as long as the appiicable hourly rates in Appendix B for employees aze decreased or increased by the same total amount. All contributions made in accordance with this Appendix C shall be forwarded to depositories as directed by the Union. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. With the excep6on of the usage of sick leave banked as a result of the 1994 Memorandum of Agreement, employees covered by this Agreement shall not be eligible for, governed by, or accumulate vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance, or Council Resolutions. The Employer's fringe benefit obligation is limited to the contribufions andlor deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. • - Cl- ,� � � � �98--4Q7- �" :: �� . - - - � -