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99-1017Couucil File # �q' �O � ORIGINAL r��nr�a Referred To Committee Date 1 2 3 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached May 1, 1999 thru April 30, 2002 Maintenance Labor Agreement between the City of Saint Paul and United Association Plumbers Loca134 and Sprinkler Fitters Local Union No. 417. Requested by Department of: Office of Labor Relations l��o � Form Appr edoK 'C�Py'A omey (/ � � 3 ,. � � i�- for Adoption Certified by Council Secretary �': � �� Approved by Mayor: te By: G RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 08906 �� Adopted by CouncIl: Date � �� . � � � `« � � D�s"xT"��rrot�tcxr�°n'v°°': D`"g nvrr�."�n GREEN SHEET No.: Q8906 R 4 �� LABOR RELATIONS 10/5/99 corrracrr�esona�raor�: � n�rrarmaxs aurrnvnnxE JCJLIE KRAUS 266-6488 �� i n�eaxla�r �� a crrY couNCU. �gg 2CTIYATPDRNEY CITYCLERK MIIST BE ON COi3NCII,AGENDA BY (DATL7 �R �ETDIR. FiN. ffi MGT. SERVICE DIIL ROUTING 3MAYOR(ORASST.)� ORDF1t TOTALlIOFSIGNeiYOREPAGES I (QdPALLLOGATIONSFORSIGNATORE) ecnox x�vFSrF.n: This resolution approves the attached May 1, 1994 thru Apri130, 2002 Maintenance Labor Agreement between the City of Saint Paul and United Association Plumbers I.ocal 34 and Sprinkier Fitters Local ITmon No. 417. RF.(:OMIdENDATtONS:AFPmve�A)orRe.l°a(R) PERSONALSERVICECONTRAGISMUSTANSWF.RTHEFOLLORING QUFbTIONS: PLANNINGCOMA�IISSION CIVII,SERVICE COMbII3SION 1. Has4aspnsonfEimevawaked�aco�aclforHtiadepmfineal4 CIB COMbII1TEE Yes No STAFF 2. Hasthispason/lameverbxnacilyemployee7 DISIRICT COURT Yes No stieroxlswfucxcouxcn.oBmcnve? 3. no�m;�y�ods�.�a�na�nrr�6r�v��m�? . Ys No Ezplatrt a0 yes ansren on xparate a6eM and aparL b ttxen aheet IN117ATING YROBLEM, ISSUE, OPYORTUNITY (W6o What, N6eo, WLare, Whp): ADVANfAGES IF APPROVED: DISADVANTAGFS IF APYROVED: DISADVANTAGFS IF NOT APPROVED: TOTALAMOUNT OFTRAN3AGTION: COSIYREVENUEBUDC'ETED: BUNDING 30URCE: ACPLVITY NUMBER Fa„ t�t?s:�t `s�-.�"��?;s� �� FINANQAL INFORMATION: (EXPLAIN) liYo� f �'��'' 9e3�m • May 1,1999 - Apri130, 2002 °►9- lo�t�l MAINTENANCE LABOR AGREEMENT � � � � _ - between � � � � � � � ` � ; THE CITY OF SAIN� PAUL� � �. � � _ . � � � � _ � ' � � - and - � �. � - � , - , i �� _. � � � � " ��UNI�ED AS�OCIz�TION �- � � �- . � � � � � _ � � _ PI�U�IB�RS L�CAI.'34� , `_ � � � . � . . � � _ _� � �� and _ ` � � _ � � � - . _ . _ � � _= � � �_ � �_, _ � � �_ . . .. �SRRILBKI,ER FIIT�RS� � . _ �, � _ .. � � � _ �. . � , _ �� LOCAL U1�TION NO: 417 � � - - _� � � .� _-� � ._ � � �- � " � � � � q�-1 D 1� INDEX • AR�I ('I,F. TITLE PAGE Preamble ..............................�•---............. rii 1 Purpose .................................................1 2 Recognirion ..............................................1 3 Employet Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights ..............................................2 5 Scope of the Ageement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Probationary Periods ........................................2 7 Philosophy of Employment and Compensation . . . . . . . . . . . . . . . . . . . . 3 8 IIoursofWork ............................................3 9 Overtime .................................................4 10 CallIn/Call Back ...........................................4 11 Work Location, Residency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 12 Wages ...................................................5 13 Fringe Benefits ............................................6 14 Insurance ................................................7 15 Selection of Lead Plumber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 • 16 Severanc,� Pay .............................................9 17 Holidays ................................................il 18 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 19 Absences�rom Work ......................................13 20 Seniority ................................................14 21 3urisdiction ..............................................15 22 Separation ...............................................15 23 Tools ..................................................16 24 Grievance Procedure .......................................16 25 Rightof Subcontract .......................................18 26 Non-discrimination . .. . . ... . . . .. .. . . . . .. . . . . . . . . . . .. . . . . . . . 18 27 Severability ..............................................18 28 Waiver .................................................19 29 City Mileage Plan .........................................19 30 5afety ..................................................20 31 LegalServices ............................................21 32 Vacation ................................................21 33 Uniform Allowance ........................................22 34 Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 • i • � i INDEX (Continued) 9�-�a �� APPendix A ............................................ A1 APPendiacB ............................................. B1 APPendix C ............................................. C1 AppendixD ............................................ D1 APPendixE ................••--••--••---................ E1 APPendixF ..............................................F1 APPend'vc G ............................................ G1 �� q q,�oi � � PREAMBLE This Agreement is entered into between the City of Saint Paul, hereinafter refecred to as the Employer, and the United Association Plumbers I.oca134 and Sprinkler Fitters Local Union No. 417, hereinafter referted to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The Employer and the Union both realize that this goal depends not only on the words in the � Agreement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general puhlic. � iii qq,�ol7 • ARTICLE 1- PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1(i) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee perFormance that is consisterrt with the safery and well-being of all concemed; 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 peacefiilly resolve disputes as to the application or intespretation of this Ageement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shall prevail. The paRies, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 27 (SEVERABILTT�. ARTICLE 2 - RECOGNTTION � 2.1 The Employer recognizes the Union as the exclusive representafive for collective bargaining purposes for all personnel having an empioymern status of regular, probationary, provisional and temporary, employed in the classes of positions defined in Append'vf A as certified by the Bureau of Mediation 5ervices in accordance with Case No. 73-PR-527-A dated May 11, 1973 and Case No. 86-PR-951 dated May 14, 1986. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnei, facilities, and equipment; to establish functions and pragrams; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational suucture; to select, direct, and deternvne the number of personnei; and to perform any inherent managerial function not specifically limited by this Agreement. 3.2 Any "term or condition of employment" not established by this Agreement shall remain with the Empioyer to eliminate, modify, or establish following written notification to the Union. C� ARTICLE 4 - iTNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthiy iTnion dues. Sucfi monies deducted shall be remitted as directed by ihe Union. 4.1(1) The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organizarion. 4.1(2) The Union shall indemnify and save hannless the Empioyer from any and all claims or charges made against the Employer as a result of the implementation of this Article. 4.2 The Union may designate one (1) etnpioyee from the bazgaining unit to act as a Steward and shall inform the Employer in writing of such designation_ Such employee shall have the righu and responsibilities as designated in Artic2e 24 (GRIEVANCE PROCEDURE). 4.3 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 employ�s covered by Yhis Agreement are working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employment" defined by M.S. 179.63, Subd. 18 for all employees exclusively represented by the Union. This Agreemern shall supersede such "terms and conditions of employment" established by Civil Service Rute, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS b. I All personnel, originally hired or rehired foIlowing separation, in a regular employment status shall serve a s'vc (6) month probarionary 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 probarionary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 24 (GRIEVANCE PROCEDURE). 6.1(2) An employee terminated dwing the probationary period shall receive a written notice of the reason(s) for such termination, a copy of wluch shall be sent to the Union. �J � LJ C� 2 �C�,( pl7 . ARTICLE 6 - PROBATIONARY PERIODS (Continued) 6.2 All personnel promoted to a lrigher class shall serve a six (� month promotional probarionary period during which time the employee's fitness and ability to perform the position's duries and responsihilities shail be evaluated. 6.2(1) At any time during the promotional probationary period an employee may be demoted to the empioyee's previousiy held class at the discretion of the Empioyer without appeal to the provis'sons of Article 24 (GRIEVArICE PROGEDURE). 6.2(2) An employee demoted during the promotional probationary period shall be returned to the empioyee's previously held class and shall receive a written notice of the reasons for demotion, a copy of wtuch shall be sent to the Union. ARTICLE 7- PHII,OSOPHY OF EMPLOYMENT AND COMPENSATTON 7.1 The Employer and the Union are in full Agreement that the philosophy of employment and compensation shall be a"cash" hourly wage and "industry" fringe benefit system. . 7.2 The Employer shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (WAGES) and 13 (FIt1NGE BENEFITS). � 7.3 No other compensation or fringe benefit shall be accumulated or eamed by an employee except as specifically provided for in tivs Agreement, except those employees who have individually optioned to be "gand fathered" as provided by 11.2. AxTTCr.E a- HouRS oF woRx 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirry (30) minute unpaid lunch period between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 8.3 I� during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a normai work day or work week other than that provided in Article 8.1 or 8.2, the Union agees to enter into negotiations immediately to establish such conditions • 8.4 This section shall not be construed as, and is not a guarantee o� any hours of work per normal work day or per normal work week. � ARTICLE S- HOURS OF WORK (Continued) 8.5 All employees shall be at the location designated by their supervisor, ready for work, at • the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by tfieir supervisor. 8.6 All employees are subject to call back by the Employer as pzovided by Article 10 (CAT S" IN/CALL BACI�. 8.7 Employees reporting for work at We established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work aay. ARTICLE 9 - OVERTIlV� 9.1 Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by order of the head of the departmern. An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-haif basis or by being paid on a time and one-half basis for such overtime work. The basis on w}vch such overrime shall be paid shall be determined solely by the Employer. 92 The rate of one and one-half (1 1/2) the basic hourty rate sha11 be the overtime rate for • work performed under the following circumstances: 9.2(1) Time worked in excess of eight (8) hours in any one normat work day and; 92(2) Time worked in escess of 40 hours in a seven ('� day period. 93 For the purpose of calculating overtime compensation overtime hours worked shall not be "pyramided," compounded, or paid twice for the same hours worked. 9.4 Overtime hours worked as provided by this articie stiall be paid in cash or compensatory time as deternuned by the Employer. ARTICLE 10 - CALL IN/CALL BACK 10.1 The Employer retains the right to call in or call back employees before an employee has started a noimat work day or normat work week and after aa employee has completed a normal work day or normal work week. 102 Emgloyees called in or called back shall receive a minimum of four (4} fiours straight time pay at the basic hovrly rate or shall be compensated in accordance with Article 9 (OVERTIlviE), when applicable, whichever is greater. • � qq-Jo» ARTICLE 10 - CALL IN/CALL BACK (Continued) . 102(i) Notwithstanding Article 10.2, employees called in four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hows worked in accordance with Article 9 (OVERTIIv�). ARTICLE 11- WORK LOCATION, RESIDENCY 11.1 Employees shall report to work location as assigned by a designated Empioyer supervisor. During the nom�ai work day employees may be assigned to other work locations at the discrerion of the Employer. i I.2 The resolution pertaining to residency approved 7uty 26, 1979, under Council File No. 273378 shall apply to all employees covered by this Agreement. ARTICLE 12 - WAGES 12.1 T'he basic houriy wage rates as established by Appendix C and Appendix F sha11 be paid for all hours worked by an employee. • 12.2 Employees who are covered by the fiinge benefits listed below shall continue to be covered by such benefits. T'hey shall be subject to all other provisions of the Agreement, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFTTS). 12.2(1) Insurance benefits as established by Article 14 (INSURANCE). 122(2) Sick Leave as established by Resolution No. 3250, Section 20. Effective May 1, 1997, the remaining City Benefitted plumbers will be charged with the actuat average number of sick Ieave hours used, or 48, whichever is less. 122(3) Vacation as established in Section 1 H of the Salary Plan and Rates of Compensation Resolution (6446), however, employees in this bazgaining unit, covered by this vacation provision, shall be granted vacation at the rate of 160 hours in each calendar year. 12.2(4) Ten (10) legal holidays as established by Resolution No. 64A6, Section i, Subdivision I. 12.2(5) Severance benefits as established by Ordinance No.11490 with a maximum • payment of $4,000 or as established by Article 16 (SEVERANCE PA� of this Ageement. 5 ARTICLE 12 - WAGES (Continued) " 12.3 Regulaz employees not covered by the fringe benefits listed in Article 122 shall be • considered, for the purposes of this Agreement, participating emptoyees and shall be wmpensated in accordance with Article 12.1 (WAGES) and fiave fringe benefit comdbutions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS). 12.4 Provisional and temporary employees shall be considered, for the purpose of tlris Agreement, participating employees and shall be compensated in accordance with Article 12.1(WAGES) and have fringe benefit contributions aad/or deductions made in their behalf as provided for by Article 13 (FILINGE BENEFTfS). 12.5 All regular employees employed afier February 15, 1974, shall be considered, for the purpose of tlris Ageement, participating employees and shall be compensated in accordance with Article 12.1(WAGBS) and have fiinge benefit contn'butions and/or deductions made on their behalf as provided for by Article 13 (FItINGE BENEFIT3). ARTICLE 13 - FRINGE BENEFTTS 13.1 The Employer shall make conm'butions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance wit6 Appendix D and Append'vc G for a11 hours worked. • 13.2 Temporary, provisionat, probationary and regular participating employees shall be eligible for a paid holiday for Labor Day, the Srst Monday in September in accordance with the St. Paul Saiary PIan and Rates of Compensation. 13.3 For employees who have elected to become, as of December 29, 1990, participating employees as defined in Article 123 oftivs Agreement, the Employer will make the Health and Welfaze contriburion in accordance with item (2) of Appendiac D of this Agreement. Such contribution shatl be made for hours worked as of October 6, 2990. No other conin'buteons listed ia Appendix D shall be made for such employees for any hows worked prior to December 29, 1990. Such employees shall not be eliglble for City Health and Life insurance after December 31, 1990. 13.4 Accumulated sick leave credit balances as ofDecember 28, 1990 for �ployees covered by Article 133 above shall be frozen as of December 28, 1990. Such frozen sick leave batances may only be used for severance pay pwposes. Severance pay shall be granted only in accordance with Article 16 (SEVERANCE PA� of this Agreement. 23.5 Employees covered by Article 13.3 above shall disconYenue earning vacation as of December 29, 1990. Such employees shall not be eligible for City paid vacation after December 28, 1990. Any unused balance will be paid off at the December 28, 1990 rate of pay. � - 6 - ARTTCLE 14 - INSURANCE . Active Employees 14.1 This Articie shall apply to empioyees who are eligible for the fringe benefits listed in Article 12.2 (City benefits). c�c��1 T'he insurance plans, pr�*+n�mc for coverages, and benefiis contained in the �n�„r�nce plans offered by the Employer shall be solely coirtrolled by the comracts negotiated by the Employer and the benefit providers. However, the employees selecting the offered plans agree to accEpt any changes in benefits which a specific provider implements. For employees who select single coverage, the Employer will contn'bute 100% ofthe cost of the single premium. For employees who select dependent coverage, the Employer will contribute SO% of the cost of the dependent premium. The Employer will provide $5,000 ofterm life insurance for each employee. • Retiree Health Benefits 14.2 Employees who retire must meet the following conditions in order to be eligible for the Employer contribution for retiree health benefits: 14.2(1) Be receiving benefits from a public employee retirement act covering employees of the City of Saint Paul at the time of retirement, and 14.2(2) Have severed lris/her relationship with the City 6�' Saint Paul under one of the retiree pians, and 14.2(3) Have severed hislher relationship with the City of Saint Paul for reasons other than an involuntazy termination for misconduct. Early Retirees (under age 65) 14.3 For those employees who retire before age 65 and are eligible for eatly retiree benefits under the terms set forth in Article 14.2 above and until such retirees reach sixty-five (65) years of age, the Employer shall cornurue to make the same contribution for early reriree benefits as those for active employees. For early retirees selecting single coverage, the Employer will contribute 100% of the premium cost for singie coverage. For early retirees selecting dependent coverage, the Empioyer will contdbute 50% of the premium cost for dependem coverage. The Employer w'sll also continue life insurance benefits for eligible early retirees in the same amount as provided to them as active employees. Life insurance benefits temvnated at age 65. When such early retiree attains age 65, the provisions of Article 1A.4 shall apply. � 7 ARTICLE 14 - INSURANCE (Continued) Regular Retirees (age 65 and otder) 14.4 Employees who retire at or after the age of sixty five (65) must meet the conditions set forth in Article 14.2. 14.4(1) For such employees who retire after December 31, 1995, the Employer agrees to contribute a maximum of $550.00 per month toward the premium for single or dependent heaith ina�*Ance coverage offered Yo regular retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. T'his Article shail atso appty to earty retirees upon reaching age 65, who retired after December 31, 1995 under the provisions of Article 14.2. Survivor Benefits 14.5 In the event of the death of an early retiree or a regular retiree, the dependent of the retiree shall have the option, within thirty (30) days, to continue the current hospitalization and medical bene&ts which said dependerns previously had, at the premiwn and Employer conuibution accorded to the eligible deceased retiree. � It is further understood that coverage shalt cease in the event of: 14.5(1) Subsequent remazriage of the surviving spouse Qf the deceased employee • or retiree. 14.5(2) The employment of the surviving spouse or dependent where heatth insurance is obtained through a goup program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. 14.6 The connibutions indicated in Article 14 shatl be paid to the Employer's third party administraYOr or designated represeatative. I"�1 U � �c�,/or 1 • � � ARTICLE 15 -SELECTION OF LEAD PLUMBER AND GENERAL FOREMAN 15.1 The selection of personnel for the class of position Lead Plumber shall remain solely with the Employer. 15.2 The class of position Lead Piumber shall be filled by employees of the bargaining unit on a "temporary assignmern". 15.3 All "temporary assignments" shall be made oniy at the direction of a designated Employer supervisor. 15.4 Such "temporary assignments" shall be made onty in cases where the class of positions is vacant for more than one (1) notmal work day. ARTICLE 16 - SEVERANCE PAY 16.1 16.2 T'he Employer shall provide a severance pay program as set forth in this Article. To be eligible for the severance pay program, an employee must meet the following requuements: 16.2(1) The employee must be 58 years of age or older or must be eligible for pension under the "rule of 85" or the "rule of 90" provisions of the Public Employees Ret'uement Associarion (PERA). The "rule of 85" or "rule of 90" criteria shall also apply to employees covered by a public pension plan other than PERA. 16.2(2) The empioyee must be voluntarity sepazated from City employment or have been subject to separation by layoffor compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 16.2(3) The employee must have at least ten (10) years of consecutive service under the classified or unciassified Civil Service at the time of separation. For the purpose of this Article, employment in either the City or in the Independent School District No. 625 may be used in meeting this ten (10) year service requirement. 162(4) The empioyee must file a waiver of reemployment with the Personnel Director, which will clearly indicate that by requesting severance pay, the empioyee waives all claims to reinstatement or reempioyment (of any type), with the City or with Independent School District No. 625. 16.2(5) Tt�e empioyee must have accumulated a minimum of eighty (80) days of sick leave credits at the time of lus separation from service. E ARTICLE 16 - SEVERANCE PAY (Continued) 163 If an employee requests severance pay and if the emploqee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-ha(f of the daily rate of pay for the position heId by the empioyee on the date of separation for each day of accrued sick leave subject io a max�mum of 200 accroed sick leave days. 16.4 Tfie maximum amount of money that any employee may obtain t6rough this severance pay progam is $10,000. 16.5 Por the Purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met aSI of the requirements set forth above, at the time of his or her death, payment of the severance pay will be made to the employee's estate or spouse. 16.6 For the Purpose of this severance program, a transfer from the City of Saint Paui employment to Independent School Ilistrict No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. � 16.7 The manner of payment of such severance pay shalt be made in accordance with tke provisions of City Ordinance No. 11490. � 16.8 This severance pay program shall be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this articte con4ict with said ordinance and in such cases, the provisions of ttris article shall control. 16.9 The provisions of this article shall be effective as of May 1, 1984. 16.10 Any employee hired prior io February I5, 1974 may, in any eveat, and apon meding the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this azticte or the ordinance shail constitute a bar to receiving severance gay from the other. lJ 10 qq,�or7 . ARTICLE 17 - HOLIDAYS 17.1 T4ie following ten (10) days shall be designated as holidays: New Year's Day, 7anuary 1 Martin Luther King Day, 3rd Monday in January Presidems' Day, Third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veteran's Day, Novembet 11 Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 172 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. 17.3 The ten (10) holidays shall be considered non-work days. • 17.4 � in the judgment of the Employer, personnei ue necessary for operating or emergency reasons, employees may be scheduled, "called in" or "called back" in accordance with Article 10 (CALL IN/CALL BACK). 17.5 Participafing employees as defined in Articles 12.3, 12.4 and 12.5, other than Fire Sp�inkler Inspectors, working on the holidays listed below shall be paid on a suaight time basis. Martin Luther King Day Presidents' Day Day After Thanksgiving Veterans' Day 17.6 Fire Sprinkler Inspectors working on the holidays listed below shall be paid on a straight time basis. Martin Luther King Day Veterans' Day 17.7 Participating employees, as defined in Article 123, 12.4 and 12.5, other than Fire Sprinkler Inspectors, worldng on the Holidays listed below shall be paid a1 the raxe of two (2) times the basic hourly rate for all hours worked. • New Year's Day Memorial Day Thanksgiving Day Christmas Day Independence Day 11 ARTICLE 17 - HOLIDAYS (Continued) 17.8 Fire Sprinkler Inspectors working on the holidays listed below shall be paid at the rate of two (2) times the basic hourly rate for ail hours worked. New Yeai's Day Christmas Day 17.9 Participating employees, as deSned in Articles 12.3, 12.4 and I2.5, other tfian Fire Sprinkler Inspectors, working on I.abor Day shatt be recompensed for work done on tlus day by being granted compensatory time on a time and one-half basis, or by being paid on a time and one-half basis for such hours worked, in addirion to their regular holiday pay. 17.10 Fire Sprinkler Inspectors working on Memoriat Day, Tndependence Day, Labor Day or Thanksgiving Day shall be recompensed for work done on any of these days by being granted compensatory time on a Lime and one-half basis or by beiag paid on a time and one-half basis for such hours worked, in addition to their regular holiday pay. � Fire Sprinkler Inspectors working on Presidem's Day or the day after T6anksgiving shall be recompensed for wotk done any of these days by being ganted compensatory time on a straight time basis or by being paid on a straight time basis in addition to iheir regulaz holiday pay. During the calendar year of 1994 Fite Sprinkler Inspectors working on the Friday before Iabor Day shall be recompensed for work done on this day by being • granted compensatory time on a straight time basis or by being paid on a straight time basis in additian to their regutaz holiday pay. - 17.11 If an employee other than a Participating Employee ernitled to a holiday is required to work on Martin Luther King Day, President Day, Veteran's Day, or Day After Thanksgiving, helshe shall be granted another day offwith his/her pay in lieu thereof as soon thereafter as the convenience of the department pennits, or he/she shall be paid on a straight time basis for such hours worked, in addition to his/her regulu holiday pay. If an employee other than a participating employee emitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, helshe shatt 6e recompensed for work done on this day by being granted compensaiory time on a time and one-half basis or by being paid oa a time and one-half basis for such hours worked, in addition to his/her regular holiday pay. Eligibility for Holiday pay shall be determined in accordance with Section I, Subsection I of the St. Paul Salary Plan and Rates of Compensation. � 12 �g,�o�7 L� r� LJ ARTICLE 18 - DISCIPLINARY PROCEDURES 18.1 18.2 The Employer shall have the right to impose disciplinary actions on employees for just cause. L� Disciplinary actions by the Employer shall include only the following actions: 18.2(i) Oral reprimand 182(2) Written reprimand 18.2(3) Suspension 182(4} Demotion 18.2(5) Discharge 183 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Boazd of Review. T'he Civil Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotioq or discharge. No appeal of a suspension, demotion, or discharge shall be considered a"grievance" for the purpose of processing through the provisions of Article 24 (GRIEVAI3CE PROCEDI3RE). ARTICLE 19 - ABSENCES FROM WORK 19.1 Employees who are unable to report for their normal work day.have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning ofsuch work day. 142 Failure to make such notificarion may be grounds for discipline as provided in Article 18 (DISCIPLINARY PROCEDURES). 193 Failure to report for work without notification for three (3) consecutive normal work days may be considered a"quit" by the Employer on the part of the employee. 13 ARTICLE 20 - SEIVIORITY 20.1 Seniority, for the putposes of tlus Agreement, shall be defined as follows: 20.1(1) "Master Seniority" - The length of continuous regular and probationary service with the Employer from the last date of employmern in any and all class tifles covered by this Agreeme�. 20.1(2) "Class Seniority" - The length of comuwous regular and probationary service with the Employer from ttte date aa employee was Srst appointed to a class title covered by tlus Agreement. 20.2 Seniority shall not accumulate during an unpaid leave of absence, �cept when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointmeat to the unclassified service of the Employer or to an elected or appoiated full-time position with the Union. 20.3 Senioriry shall temunate when an employee rietires, resigns, or is discharged. C� 20.4 In the eveni it is detemvned by the Employer that it is necessary to reduce the work force employees will be laid off by ciass title within each Department based on inverse length of "Class Seniority." Employees laid off shalt have the right to reinstatement in their • Department to any previously held lower-paid class title in ttus bargaining unit provided, employee has greater "Ctass Seniority" than the employee being dispiaced. 20.5 In the event it is determined by t6e Employer that it is necessary to reduce the number of Plumbing Inspectors in the Fire Depamnent, employees wilt be laid off in i�erse order of their "Class Seniority." However, employees being laid offwho were appointed to the tide of Plumbing Insgector prior to July 1, 1985 and transferred to the F'ue Department shall have the righi to displace Piumbing Inspectors in the Department of Community Services provided the employee has greater "Gass Seniority" than the employee being displaced. 20.6 The selection of vacation periods shall be made by class title based on length of "Class Seniority," subject to the approval of the Employer. • �4 R q�o�1 � • • ARTICLE 21- JURISDICTION Zl.l Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject to determination by the various unions representing employees of the Empioyer. 21.2 The Employer agrees to be guided in the assignmern ofwork jurisdiction by any mutuai Ageements between the unions involved. 213 In the evern of a dispute conceming the performance or as�ignmem 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. 21.4 Any employee refusing to perfortn work assigned by the Employer and as clarified by Sections 21.2 and 21.3 above shall be subject to disciplinary action as provided in Article 18 (DISCIPLINARY PROCEDURES). 21.5 There shall be no work stoppage, slow down, or any disruprion of work resulting from a work assignment. ARTICLE 22 - SEPARATION 22.1 Employees having a probationary or regulaz employment status shall be considered separated from employment based on the following actions: 22.1(1) 22.1(2) 22.1(3) 22.1(4) Resignation. Employees zesigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignarion. Retirement As provided in Article 16 (SEVERANCE PAI�. Discharge. As pmvided in Article 18 (DISCIPLINARY PROCEDURES). Failure to Report for Duty. As provided in Articie 19 (ABSENCES FROM WORK). 22.2 Empioyees having a temporary or provisional emp3oyment status may be terminated at the discretion of the Employer before t}se completion of a normal work day. 15 ARTICLE 23 - TOOLS 23.1 All employees shall personally provide themselves with the tools of the uade as listed in APPendix B. ARTICLE 24 - GRIEVANCE PROCEDURE 24.1 The Employer shall rec;ognize the Steward selected in accordance with Union rules and regulations as the grievance representarive of the bargaining unit. The Union shall notify the Employer in writing of the name of the Stewazd and of hislher successor when so named. 242 It is recognized and accepted by the Employer and the Union that the processing of greevances as hereinatier provided is limited by the job duries and respons�'bilities of ihe 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 dettimental to the work programs of the Employer. � 243 The procedure established by this articie shall be the sole and exclusive procedure, except • for the appeal of disciplinary action as provided by 18.3, for the.processing of grievances, which aze defined as an alleged violation of the terms and conditions of this Agreement. 24.4 Grievances shatl be resoived in conformance with the following procedure: Siep 2. Upon ihe occurreace of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the infomial discussion it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on wlrich it is based, the sileged section(s) ofthe Ageement violated, and the relief requested. Any alteged violation of the Agreement not reduced to writing by the Uaion within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or withiu the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. • 36 q�-Iai� ' ARTICLE 24 - GRIEVANCE PROCEDURE (Continued) • Step 2. Within seven (7) calendar days after receiving the written grievance a designated Employer supervisor shall meet with the Union Steward and attempt to resolve the grievance. I� as a resutt of this meeting, the gtievance remains unresalved, the Employer shall reply in writing to the Union within three (3) calendar days following tiris meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employe�s written answer. Any grievance not refeaed in writing by the i3nion within seven ('� calendar days following receipt of the Employer's answer shall be considered waived. Step 3. Within seven (� calendar days following receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or his/her designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the Employer shall reply in writing to the Union stating the Employer's answer conceming the grievance. I� as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven ('7} calendaz days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresoived, the Union may within seven (� calendar • days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arhitrafion proceeilings shall be conducted by an arbitrator to be selected by mutual Agreement of the Emipioyer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agee upon an arbitrator within the said seven ('7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5) arbivators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strilce the first (Ist) name; the Employer shall then strike one (I) name. The process will be repeated and the remaining person shall be the arbitrator. 24.5 The arbitrator shall have no right to amend, modify, nuliify, ignore, add tq or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Empioyer and the Union and shall have no suthority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in wriring within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an e�rtension. The decision shall be based sotely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the • grievance presemed. T'he decision of the arbitrator shail be finai and binding on the Employer, the Union and the employees. 17 ARTICLE 24 - GRIEVANCE PROCEDURE (Continaed) • 24.6 The fees and expenses for the arbitrator's services and proceedings shall be bome equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause sucfi a record to be made providing it pays for the record. 24.7 The time liants in each step of this procedure may be extended by mutuai Agreemem of the Employer and the Union. ARTICLE 25 - RIGHT OF SUBCONTRACT 25.1 The Empioyer may, at any time during the duration of t3ris Agreement, conttact out work done by the employees covered by this Agreement. In the event that such wrnracting would result in a reduction of the work force covered by this Agreement, the Employer shall give the Uaion a ninety (9�) calendar day noYice of the intention to sub-contract. 25.2 The sub-contracting of work done by the employees covered by this Agreement shall in all cases be made only to Employers who qualify in accordance with Ordinance No. 14013. ARTICLE 26 - NON-DISCRIlIIINATION 26.1 The tem�s and condirions of this Agreement will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sea�, age, or because of inemberstrip or non-membership in the Union. 262 Employees will perform their duties and responsbilities in a non-discriminatory manner as such duties and responsibilities u►volve other employees and the general puhlic, ARTICLE 27 - SEYERABILTTY 27.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative, or judiciai suthority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shatl continue in fulI force and effect. 27.2 The parties agree to, upon written notice, erner into negoriations to place the voided provisions of the Agreement in compliance with the legislative, administrative, or judicial deternvnation. � LJ • 1s qq�l�il ��zcLE Zs - w�x • 28.1 The Employer and the Union ackaowledge that during the meeting and negotiating which resulted in this Ageement, 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 afrer the exercise of this right are fully and completely set forth in this Agreement. 282 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 azry term or conditions of employment whether specifically covered or not specifically covered by ttris Agreement. The Union and Employer may, however, arutually agree to modify any provision of tlris Agreement. 28.3 Any and all prior ordinances, Agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Ageement, aze hereby superseded. ARTICLE 29 - CTTY MII.EAGE 29.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and • employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 29.2 Method of Computation: To be eligibie for such reimbursement, all officers and employees must receive written authorization &om the Departmem Head. Type 1: If an empioyee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall 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 position. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such empioyee is required to drive an automobile during employment and the department head or designated representative detetmines that an Employer vehicie is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per arile driven and shall not be eligible for any per diem. Type 2: If an employee is required to use lris/her own automobile REGULARLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reunbursed $.20 per mile for each mile actually driven. • 19 ARTICLE 29 - CTTY MII.EAGE (Continued) If such employee is required to drive an sutomobile during employment and the department head or designated representative determines that an Employer vehicle is available for the employee's use but the employee desires to use his/her own automobiie, then tfie employee shail be reimbursed at the rate of $.20 per mile driven and shal] not be eygible for any per diem. 29.3 The City will provide parldng at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their personal car available for City business. Such parking witl be provided only for the days the employee is required to have his or her own personal car available. 29.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automob�le reimbursement, which regulations and ruIes shal2 contain the requiremenY that recipiems shall file daily reports indicating miles driven aad shall file monthly affidavits stating the number of days worked and the mimber of miles drive� and further require that they maintain sutomobile liabiliry insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for property damage, or Iiability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These niles and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. ARTTCLE 30 - SAFETY 30.1 Accident and injury free operatioas shall be the goai of the EmpIoyer and Employees. To this end the Employer and employees will, to the best of their ability abide by, and live up to the requirements of the several State and Federal Construction Safety Codes and Regularions. 30.2 To this end the Emptoyer shatt from time to time issae cules or notices to }us Emptoyees regazding on the job safety requirements. Any Employee violating such niles or notices shall be subject to disciplinary action. No Empioyee may be discharged for refusing to work under unsafe conditions. 303 Such safety eqvipmem as required by governmentat regulations, shall be provided withoui cost to the Employee. At the Employe�s option, the Emptoyees may be required to sign for safety equipment and shall be obligated to retunt same upon discharge, layo$ quit or other termination in compazable condition as when issued, providing reasonable wear and tear. The Employer shatt have the right to withhold the cost of such safety equipment if not retumed. � • C� 20 a q,/D17 • ARTICLE 30 - SAFETY (Cantinued) 30.4 The EMPLOYER agrees to pay $30.00 toward the cost of a pair of safety shoes purchased by an employee who is a member of t}ns unit. The E2vvIPLOYER shall only cornnbute toward the cast of one pair of shoes per contract year. This reimbursement of $30.00 shall be made only after investigation and approval by the immediate supervisor of the employee. This $30.00 EMPLOYER coirtn'bution shall apply oniy to those employees who are required by the Empioyer to wear protective shoes or boots. ARTICLE 31- LEGAL 5ERVICES 31.1 Except in cases of malfeasance in office or willful or wanton negiect of duty, or indifference to rights of others, the Employer shalt defend, save harmless and indemtrify employee against tort claim ar demand whether groundless or otherwise arising out of alleged acts or omission occurring in the performance or scope of the employee's duties. 31.2 Notwithstanding the provisions of Section 31.1 the Employer shall not be required to defend or indemnify any employee against personal liability, or damages, costs or �pense (a) resulting from a claim, suit, verdict, Snding, determination or judgment that the employee has committed an intentional tort or torts, including but not limited to slander, libe3 andfor other defamatory harms; or (b) arising out of cross claims, cournerclaims, affirmative defenses and/or sepazate actions brought against such employee in response to • or resulting from cisims, allegations, demands or actions (whether or not litigation was actually commenced) brought, made or instituted by such employee. 31.3 Notwithstanding the provisions of section 31.1 or 31.2, the Employer may at its sole discretion defend an employee against allegations, claims, demands or actions wholly or in part based on or arising out of claimed intenrional torts, and in such cases, the employee consents to the extent lawfully pemfltted to such representation without regazd to actual or potential conflicts of interest. 31.4 Each employee, within 20 days after receiving notice of (1) a tort ciaim or demand, action, suit or proceeding against himfher, (2) a judgment, verdict, finding or determination, either ofwhich arises out of alleged or found acks or omissions occurring in the performance or scope of the employee's duties, shall notify the City by giving written notice thereof to the Office of the City Clerk. ARTICLE 3Z - VACATION 32.1 Participating employees, as described in Article 12.3, are required to take at least ten (10) unpaid vacation days. � 21 ARTICLE 33 - UNTIFORM ALLOWANCE 33.1 Fire Sprinkler Inspectors and Plumbiag Tnspectors in the Fire Department who are required to wear a speci&ed uniform shall receive a uniform allowance of $425.25 per calendaz year from the Fire Department. ARTICLE 34 - DURATION AND PLEDGE 34.1 Unless otherwise specifically stated elsewhere herein, this Agreement is effective the date of sigaing by the Employer aad Yhe Union and shall remain ia effect through the 30th day of April, 2002, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in Article 34.2. 34.2 If either parry desires to temtinate or modify this Agreemeat, effective as of the date of expiration, the parry wishing to modify or terminate the Agreement shall give written notice to the other party, not more than ninety (90) or less than sixty (6�) calendar days prior to the e�cpiration date, provided, that the Agreement may onty be so terminated or modified effective as of the expiration date. � 343 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the GRIEVANCE PROCEDURE herein established is the means by which grievances conceming its application or interpretation may be peacefiilty . resolved, the parties hereby pledge that during the term of the A,greement; 343(i) The Union and the employees will not engage in, instigate, or condone any concerted action in wtrich employees fait to report for duty, wittfully absent themselves from work, stog worl� slow down the'u work, or absent themselves in whole or part from the fiill, faithfui performance of their duties of employment. 343(2) The Employer wi21 not engage in, instigate, or condone aay tock-out of employees. 343(3) This constitutes a tentative Agreement between the parties which will be recommended by the Director af Labor Retations, but is subject to the approval of the Administration of the City, and is also subject to ratification by the Union. � 22 qq,1o�� . u ARTICLE 34 - DURATION AND PLEDGE (Continued} AGREED and attested to as the full and complete understanding of the patties for the period of time herein specified by the signature of the foliowing representative for the Employer and the Union: WITNESSES: CITY OF SAINT PAUL � 1��--� Tersy Haltiner Labor Relations Manager ! ° — r - -� r ` t � Date iJNITED ASSOCIATION OF PLUMBERS LOCAL 34 _13��,.�3' .� Robert Schwartzbauer Business Manager L� �/ � / 9 c1 Date � SPRINKLER FITTERS LOCAL 417 ames Kelze rg c �,� President �G/�/1� Date �� 21 c�q,�ol � � APPENDIX A The classes of positions recognized by the Employer as being exclusively represented by the Union aze as follows: Lead Plumber Plumber Senior Plumbing Inspector Plumbing Inspector Plumbing Inspector—Water Department Sprinkler Fitter 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. • � A1 c�q_�o�� • APPENDIX B 6' Folding rule i APPENDIX C • 1. The basic hourly wage rate for temporary and emergency employees appointed to the following classes of posirions shall be: Effective 05l08J99 $26.92* $29.27* $29.27* $2927* $30.27* Plumber Lead Plutnber Plumbing Inspector Plumbing Inspector -Water Utility Senior Plumbing Inspector * This rate includes the$3.14 talcable vacarion contribution. Apprentice qq,io t�1 0- 6 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50% of Plumber rate 7-12 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55% of Plumber rate 13-18 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60% ofPlumber rate 19-24 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65% of Plumber rate 25-30 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70% of Plumber rate 31-36 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75% ofPlumber rate 37-42 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80% ofPlumber rate 43-48 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85% of Plumber rate 49-54 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90% of Plumber rate 55-60 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95% of Plumber rate . The basic hourly rate for temporary employees whose length of employcnent and earnings require that they be subject to Public Employees Retirement Association (PERA) contributions shall be the temporary rate divided by 1.0448. This amount shall increase to 1.0518 on 7anuary 1, 1998 and is subject to futher increase or decrease by the State of Minnesota. 2. The basic hourly wage rate for provisional, regulaz and probationary employees appointed to the following classes of positions and not receiving the fringe benefits listed in Article 122 sha11 be: Plumber I,ead Plumber Plumbing Inspector Plumbing Inspector - Water Utility 5enior Plumbing Inspector Effective 05J08199 $23.73* $25.80* $25.80* $25.80'� $2b.68* * Effective January 1, 1998, this rate includes a t�able vacation contribution. In additioq notwithstanding Article 32, a calculation has been made to allow for 72 hours of paid holidays and 80 hours of paid vacation per fiscal year. Vacation carry over shall be • paid in accordance with Section I H of the Saint Paul Saiary Plan and Rates of Compensation. Vacation must be approved by the Head of the Department. C1 APPENDIX c (Continued) • Effective May 1, 2000 (or closest payroll period), there will be an additional $1.61 per hour increase added to the total package. The parties will agree prior to that date regarding the distriburion of the $1.61 between wages and fiinges. T'his amount will be decreased by any increase in the Industry Fund. There will also be a$0.10 per hour increase in the Forman Rate. Effective May 1, 2001 (or closest payroll period), there will be an additional $1.65 per hour increase added to the total package. The parties will agree prior to that date regarding the distriburion ofthe $1.65 between wages and fringes. Tlris amount will be decreased by any increase in the Industry Fund. There will also be a$0.10 per hour increase in the Forman Raxe. 3. The basic hourly wage rate for regulaz employees apponrted to the following classes of positions who are receiving the fringe benefits listed in Article 12.2 shall be: Plumbing Inspector Senior Plumbing Inspector Effective OS/08/99 $29.13 $29.96 �R�E°�� • If the Union elects to have the contributions listed in Appendis D increased or decreased, the Employer may adjust the above applicable rates for participating employees in such a way that the total cost of the package (wage rate plus contributions) remains constaiit. In the event Local 34 and any plumbing contractor affiliated or not affiliated with Twin Cities Piping Industry Associarion and doing business in the seven county metropolitan area agree to a total commercial package different from the above total commercial package such differences shall be immediately applicable to the total compensation paid to employees covered by this Agreement. The State of M'innesota has changed the Public Employees Retirement Association (PERA) contribution rates for employers and employees to 5.18% effective Ql101198. This rate is subject to increase or decrease by the State of Minnesota. C� C2 : _, . �n �, � �q.�o►� Unless specifically noted, the contriburion levels represent pre-ta�f amounts. Effective OS/08/99, � for participating employees worldng in a tide listed under the heading, Group A, in Appendix A, the Employer shall: (i) contribute to a Union designated GYedit Union $3.14 per hour, for wtuch payroll deducrions have been made, for all hours worked by participating employees, as defined in Articles 12.3, 12.4 and 12.5 of tlus Agreement. (2) contribute to a Health and Welfare Fund $3.28 per how for all houts worked by participating employees, as defined above. (3) contribute to the Pension Funds $4.88 per hour for all hours worked by participating employees, as defined above. (4) contribute to the Journeyman and Apprenticeship Training Fund $0.19 per hour for all hours worked by participating employees, as defined above. (5) contribute to the International Training Fund $0.05 per how for all hours worked by participating employees, as defined above. The Employer will not make the above contn'butions for Holidays or vacation. • All contributions made in accordance with this Append'vs D shall be forwazded to the Twin City Pipe Traders Service Association. The Employer shall establish Workers Compensation and Unemployment Compensation programs as required by IvTinnesota Stamtes. The Employer's fringe benefit obligation to participating employees as defined in Articles 123, 12.4 and 12.5 is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. � D1 APPENDIX E • WORI�NG CONDTITONS FOR SENIOR PLUMBING INSPECTORS AND PLUMBING INSPECTORS As a result of the 1974 settlement, the Parties have established craft-determined rates for Senior Plumbing Inspectors and for Plumbing Inspectors, with the specific understanding that such Agreement is restricted to established rates of pay for such classifications. It is, consequently, agreed that the Bmployer in applying Article 3(EMPLOYER RIGHTS) of the Maintenance Labor Agreement, shall have the right to operate the Department in the same manner as heretofore, with management rights unaffected, and that the establishment of separate rates for these classifications as well as for Inspector classifications in other Bargaining Units, may not result in disputes over assignments or over rates of pay for work performed, nor will any jurisdicrional claims or restrictions be asserted by the Union because members of various Inspector classifications are assigned to work wMch is also performed by other Inspector classifications. � • qq-fati1 E1 • .�� .n � Effective Effective Effective Effective 06/Ol/99** Ol/O1/00** 06/Ol/00** 06/Ol/Ol** • � 2. The basic hourly wage rate for temporary and employees appointed to the following classification shall be : Gq.io►1 Fire Spiinkler Inspector $28.42* $28.37* $29.92 $31.62 * This rate includes the $.50 taxable vacarion contribution ** or closest payroll date. The basic hourly wage rate for provisional, regular and probationary employees appointed to the following classification shall be: Fire Sprinkler Inspector Effective 06/Ol/99** $27.02* Effective Effective Effective Ol/Ol/00** 06/O1/00** 06/01101** $26.97* $28.45* $30.06* * This rate includes the $.50 taxable vacation contribution ** or closest payroll date. The State of Minnesota has changed the Public Employees Retirement Association (PERA) contribution rates for employers and employees. The current rate for applicable employees is 5.18°/a. This rate is subject to further increase or decrease by the State of Minnesota. F1 APPENDIX G Unless specifically noted, the contriburion levels represent pre-tax amounts. Effective 06/01/99 • (or closest payroll date), for employees worldng in the title of Fire Sprinkier Inspector, the Employer shall: (1) contribute to a Health and R'elfare Fund $3.40 per hour for all hours worked. (2) contribute to the National Pension Fund $230 per hour for all hours worked. qc�,�o�� (3) contribute to the 5upplemental Pension Fund $4.40 per hour for all hours worked. Effective 06/01/00 (or ciosest payroll date) tttis will increase to $4.70. Effective 06/01/01 (or closest payroll date) this will increase to $5.00. (4) contribute to the Education Fund $.16 per hour for all hours worked. (5) deduct and forward to the Vacation Fuud $.50 per hour for all hours worked. (6) contribute to the Building Fund $21 per hour for all hours worked. (7) contribute to the �ntemational Training Fund $.OS per hour for all hours worked. All contriburions and deductions made in accordance with this Appendix G shall be forwarded to the parties designated by the Union. • The Employer shall establish Worker's Compensation and Unemployment Compensation programs as required by M'innesota Statutes. The Employer's fringe benefit obligation is ]imited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded the contributions and/or deductions. l J G1 Couucil File # �q' �O � ORIGINAL r��nr�a Referred To Committee Date 1 2 3 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached May 1, 1999 thru April 30, 2002 Maintenance Labor Agreement between the City of Saint Paul and United Association Plumbers Loca134 and Sprinkler Fitters Local Union No. 417. Requested by Department of: Office of Labor Relations l��o � Form Appr edoK 'C�Py'A omey (/ � � 3 ,. � � i�- for Adoption Certified by Council Secretary �': � �� Approved by Mayor: te By: G RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 08906 �� Adopted by CouncIl: Date � �� . � � � `« � � D�s"xT"��rrot�tcxr�°n'v°°': D`"g nvrr�."�n GREEN SHEET No.: Q8906 R 4 �� LABOR RELATIONS 10/5/99 corrracrr�esona�raor�: � n�rrarmaxs aurrnvnnxE JCJLIE KRAUS 266-6488 �� i n�eaxla�r �� a crrY couNCU. �gg 2CTIYATPDRNEY CITYCLERK MIIST BE ON COi3NCII,AGENDA BY (DATL7 �R �ETDIR. FiN. ffi MGT. SERVICE DIIL ROUTING 3MAYOR(ORASST.)� ORDF1t TOTALlIOFSIGNeiYOREPAGES I (QdPALLLOGATIONSFORSIGNATORE) ecnox x�vFSrF.n: This resolution approves the attached May 1, 1994 thru Apri130, 2002 Maintenance Labor Agreement between the City of Saint Paul and United Association Plumbers I.ocal 34 and Sprinkier Fitters Local ITmon No. 417. RF.(:OMIdENDATtONS:AFPmve�A)orRe.l°a(R) PERSONALSERVICECONTRAGISMUSTANSWF.RTHEFOLLORING QUFbTIONS: PLANNINGCOMA�IISSION CIVII,SERVICE COMbII3SION 1. Has4aspnsonfEimevawaked�aco�aclforHtiadepmfineal4 CIB COMbII1TEE Yes No STAFF 2. Hasthispason/lameverbxnacilyemployee7 DISIRICT COURT Yes No stieroxlswfucxcouxcn.oBmcnve? 3. no�m;�y�ods�.�a�na�nrr�6r�v��m�? . Ys No Ezplatrt a0 yes ansren on xparate a6eM and aparL b ttxen aheet IN117ATING YROBLEM, ISSUE, OPYORTUNITY (W6o What, N6eo, WLare, Whp): ADVANfAGES IF APPROVED: DISADVANTAGFS IF APYROVED: DISADVANTAGFS IF NOT APPROVED: TOTALAMOUNT OFTRAN3AGTION: COSIYREVENUEBUDC'ETED: BUNDING 30URCE: ACPLVITY NUMBER Fa„ t�t?s:�t `s�-.�"��?;s� �� FINANQAL INFORMATION: (EXPLAIN) liYo� f �'��'' 9e3�m • May 1,1999 - Apri130, 2002 °►9- lo�t�l MAINTENANCE LABOR AGREEMENT � � � � _ - between � � � � � � � ` � ; THE CITY OF SAIN� PAUL� � �. � � _ . � � � � _ � ' � � - and - � �. � - � , - , i �� _. � � � � " ��UNI�ED AS�OCIz�TION �- � � �- . � � � � � _ � � _ PI�U�IB�RS L�CAI.'34� , `_ � � � . � . . � � _ _� � �� and _ ` � � _ � � � - . _ . _ � � _= � � �_ � �_, _ � � �_ . . .. �SRRILBKI,ER FIIT�RS� � . _ �, � _ .. � � � _ �. . � , _ �� LOCAL U1�TION NO: 417 � � - - _� � � .� _-� � ._ � � �- � " � � � � q�-1 D 1� INDEX • AR�I ('I,F. TITLE PAGE Preamble ..............................�•---............. rii 1 Purpose .................................................1 2 Recognirion ..............................................1 3 Employet Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights ..............................................2 5 Scope of the Ageement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Probationary Periods ........................................2 7 Philosophy of Employment and Compensation . . . . . . . . . . . . . . . . . . . . 3 8 IIoursofWork ............................................3 9 Overtime .................................................4 10 CallIn/Call Back ...........................................4 11 Work Location, Residency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 12 Wages ...................................................5 13 Fringe Benefits ............................................6 14 Insurance ................................................7 15 Selection of Lead Plumber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 • 16 Severanc,� Pay .............................................9 17 Holidays ................................................il 18 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 19 Absences�rom Work ......................................13 20 Seniority ................................................14 21 3urisdiction ..............................................15 22 Separation ...............................................15 23 Tools ..................................................16 24 Grievance Procedure .......................................16 25 Rightof Subcontract .......................................18 26 Non-discrimination . .. . . ... . . . .. .. . . . . .. . . . . . . . . . . .. . . . . . . . 18 27 Severability ..............................................18 28 Waiver .................................................19 29 City Mileage Plan .........................................19 30 5afety ..................................................20 31 LegalServices ............................................21 32 Vacation ................................................21 33 Uniform Allowance ........................................22 34 Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 • i • � i INDEX (Continued) 9�-�a �� APPendix A ............................................ A1 APPendiacB ............................................. B1 APPendix C ............................................. C1 AppendixD ............................................ D1 APPendixE ................••--••--••---................ E1 APPendixF ..............................................F1 APPend'vc G ............................................ G1 �� q q,�oi � � PREAMBLE This Agreement is entered into between the City of Saint Paul, hereinafter refecred to as the Employer, and the United Association Plumbers I.oca134 and Sprinkler Fitters Local Union No. 417, hereinafter referted to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The Employer and the Union both realize that this goal depends not only on the words in the � Agreement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general puhlic. � iii qq,�ol7 • ARTICLE 1- PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1(i) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee perFormance that is consisterrt with the safery and well-being of all concemed; 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 peacefiilly resolve disputes as to the application or intespretation of this Ageement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shall prevail. The paRies, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 27 (SEVERABILTT�. ARTICLE 2 - RECOGNTTION � 2.1 The Employer recognizes the Union as the exclusive representafive for collective bargaining purposes for all personnel having an empioymern status of regular, probationary, provisional and temporary, employed in the classes of positions defined in Append'vf A as certified by the Bureau of Mediation 5ervices in accordance with Case No. 73-PR-527-A dated May 11, 1973 and Case No. 86-PR-951 dated May 14, 1986. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnei, facilities, and equipment; to establish functions and pragrams; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational suucture; to select, direct, and deternvne the number of personnei; and to perform any inherent managerial function not specifically limited by this Agreement. 3.2 Any "term or condition of employment" not established by this Agreement shall remain with the Empioyer to eliminate, modify, or establish following written notification to the Union. C� ARTICLE 4 - iTNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthiy iTnion dues. Sucfi monies deducted shall be remitted as directed by ihe Union. 4.1(1) The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organizarion. 4.1(2) The Union shall indemnify and save hannless the Empioyer from any and all claims or charges made against the Employer as a result of the implementation of this Article. 4.2 The Union may designate one (1) etnpioyee from the bazgaining unit to act as a Steward and shall inform the Employer in writing of such designation_ Such employee shall have the righu and responsibilities as designated in Artic2e 24 (GRIEVANCE PROCEDURE). 4.3 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 employ�s covered by Yhis Agreement are working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employment" defined by M.S. 179.63, Subd. 18 for all employees exclusively represented by the Union. This Agreemern shall supersede such "terms and conditions of employment" established by Civil Service Rute, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS b. I All personnel, originally hired or rehired foIlowing separation, in a regular employment status shall serve a s'vc (6) month probarionary 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 probarionary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 24 (GRIEVANCE PROCEDURE). 6.1(2) An employee terminated dwing the probationary period shall receive a written notice of the reason(s) for such termination, a copy of wluch shall be sent to the Union. �J � LJ C� 2 �C�,( pl7 . ARTICLE 6 - PROBATIONARY PERIODS (Continued) 6.2 All personnel promoted to a lrigher class shall serve a six (� month promotional probarionary period during which time the employee's fitness and ability to perform the position's duries and responsihilities shail be evaluated. 6.2(1) At any time during the promotional probationary period an employee may be demoted to the empioyee's previousiy held class at the discretion of the Empioyer without appeal to the provis'sons of Article 24 (GRIEVArICE PROGEDURE). 6.2(2) An employee demoted during the promotional probationary period shall be returned to the empioyee's previously held class and shall receive a written notice of the reasons for demotion, a copy of wtuch shall be sent to the Union. ARTICLE 7- PHII,OSOPHY OF EMPLOYMENT AND COMPENSATTON 7.1 The Employer and the Union are in full Agreement that the philosophy of employment and compensation shall be a"cash" hourly wage and "industry" fringe benefit system. . 7.2 The Employer shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (WAGES) and 13 (FIt1NGE BENEFITS). � 7.3 No other compensation or fringe benefit shall be accumulated or eamed by an employee except as specifically provided for in tivs Agreement, except those employees who have individually optioned to be "gand fathered" as provided by 11.2. AxTTCr.E a- HouRS oF woRx 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirry (30) minute unpaid lunch period between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 8.3 I� during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a normai work day or work week other than that provided in Article 8.1 or 8.2, the Union agees to enter into negotiations immediately to establish such conditions • 8.4 This section shall not be construed as, and is not a guarantee o� any hours of work per normal work day or per normal work week. � ARTICLE S- HOURS OF WORK (Continued) 8.5 All employees shall be at the location designated by their supervisor, ready for work, at • the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by tfieir supervisor. 8.6 All employees are subject to call back by the Employer as pzovided by Article 10 (CAT S" IN/CALL BACI�. 8.7 Employees reporting for work at We established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work aay. ARTICLE 9 - OVERTIlV� 9.1 Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by order of the head of the departmern. An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-haif basis or by being paid on a time and one-half basis for such overtime work. The basis on w}vch such overrime shall be paid shall be determined solely by the Employer. 92 The rate of one and one-half (1 1/2) the basic hourty rate sha11 be the overtime rate for • work performed under the following circumstances: 9.2(1) Time worked in excess of eight (8) hours in any one normat work day and; 92(2) Time worked in escess of 40 hours in a seven ('� day period. 93 For the purpose of calculating overtime compensation overtime hours worked shall not be "pyramided," compounded, or paid twice for the same hours worked. 9.4 Overtime hours worked as provided by this articie stiall be paid in cash or compensatory time as deternuned by the Employer. ARTICLE 10 - CALL IN/CALL BACK 10.1 The Employer retains the right to call in or call back employees before an employee has started a noimat work day or normat work week and after aa employee has completed a normal work day or normal work week. 102 Emgloyees called in or called back shall receive a minimum of four (4} fiours straight time pay at the basic hovrly rate or shall be compensated in accordance with Article 9 (OVERTIlviE), when applicable, whichever is greater. • � qq-Jo» ARTICLE 10 - CALL IN/CALL BACK (Continued) . 102(i) Notwithstanding Article 10.2, employees called in four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hows worked in accordance with Article 9 (OVERTIIv�). ARTICLE 11- WORK LOCATION, RESIDENCY 11.1 Employees shall report to work location as assigned by a designated Empioyer supervisor. During the nom�ai work day employees may be assigned to other work locations at the discrerion of the Employer. i I.2 The resolution pertaining to residency approved 7uty 26, 1979, under Council File No. 273378 shall apply to all employees covered by this Agreement. ARTICLE 12 - WAGES 12.1 T'he basic houriy wage rates as established by Appendix C and Appendix F sha11 be paid for all hours worked by an employee. • 12.2 Employees who are covered by the fiinge benefits listed below shall continue to be covered by such benefits. T'hey shall be subject to all other provisions of the Agreement, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFTTS). 12.2(1) Insurance benefits as established by Article 14 (INSURANCE). 122(2) Sick Leave as established by Resolution No. 3250, Section 20. Effective May 1, 1997, the remaining City Benefitted plumbers will be charged with the actuat average number of sick Ieave hours used, or 48, whichever is less. 122(3) Vacation as established in Section 1 H of the Salary Plan and Rates of Compensation Resolution (6446), however, employees in this bazgaining unit, covered by this vacation provision, shall be granted vacation at the rate of 160 hours in each calendar year. 12.2(4) Ten (10) legal holidays as established by Resolution No. 64A6, Section i, Subdivision I. 12.2(5) Severance benefits as established by Ordinance No.11490 with a maximum • payment of $4,000 or as established by Article 16 (SEVERANCE PA� of this Ageement. 5 ARTICLE 12 - WAGES (Continued) " 12.3 Regulaz employees not covered by the fringe benefits listed in Article 122 shall be • considered, for the purposes of this Agreement, participating emptoyees and shall be wmpensated in accordance with Article 12.1 (WAGES) and fiave fringe benefit comdbutions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS). 12.4 Provisional and temporary employees shall be considered, for the purpose of tlris Agreement, participating employees and shall be compensated in accordance with Article 12.1(WAGES) and have fringe benefit contributions aad/or deductions made in their behalf as provided for by Article 13 (FILINGE BENEFTfS). 12.5 All regular employees employed afier February 15, 1974, shall be considered, for the purpose of tlris Ageement, participating employees and shall be compensated in accordance with Article 12.1(WAGBS) and have fiinge benefit contn'butions and/or deductions made on their behalf as provided for by Article 13 (FItINGE BENEFIT3). ARTICLE 13 - FRINGE BENEFTTS 13.1 The Employer shall make conm'butions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance wit6 Appendix D and Append'vc G for a11 hours worked. • 13.2 Temporary, provisionat, probationary and regular participating employees shall be eligible for a paid holiday for Labor Day, the Srst Monday in September in accordance with the St. Paul Saiary PIan and Rates of Compensation. 13.3 For employees who have elected to become, as of December 29, 1990, participating employees as defined in Article 123 oftivs Agreement, the Employer will make the Health and Welfaze contriburion in accordance with item (2) of Appendiac D of this Agreement. Such contribution shatl be made for hours worked as of October 6, 2990. No other conin'buteons listed ia Appendix D shall be made for such employees for any hows worked prior to December 29, 1990. Such employees shall not be eliglble for City Health and Life insurance after December 31, 1990. 13.4 Accumulated sick leave credit balances as ofDecember 28, 1990 for �ployees covered by Article 133 above shall be frozen as of December 28, 1990. Such frozen sick leave batances may only be used for severance pay pwposes. Severance pay shall be granted only in accordance with Article 16 (SEVERANCE PA� of this Agreement. 23.5 Employees covered by Article 13.3 above shall disconYenue earning vacation as of December 29, 1990. Such employees shall not be eligible for City paid vacation after December 28, 1990. Any unused balance will be paid off at the December 28, 1990 rate of pay. � - 6 - ARTTCLE 14 - INSURANCE . Active Employees 14.1 This Articie shall apply to empioyees who are eligible for the fringe benefits listed in Article 12.2 (City benefits). c�c��1 T'he insurance plans, pr�*+n�mc for coverages, and benefiis contained in the �n�„r�nce plans offered by the Employer shall be solely coirtrolled by the comracts negotiated by the Employer and the benefit providers. However, the employees selecting the offered plans agree to accEpt any changes in benefits which a specific provider implements. For employees who select single coverage, the Employer will contn'bute 100% ofthe cost of the single premium. For employees who select dependent coverage, the Employer will contribute SO% of the cost of the dependent premium. The Employer will provide $5,000 ofterm life insurance for each employee. • Retiree Health Benefits 14.2 Employees who retire must meet the following conditions in order to be eligible for the Employer contribution for retiree health benefits: 14.2(1) Be receiving benefits from a public employee retirement act covering employees of the City of Saint Paul at the time of retirement, and 14.2(2) Have severed lris/her relationship with the City 6�' Saint Paul under one of the retiree pians, and 14.2(3) Have severed hislher relationship with the City of Saint Paul for reasons other than an involuntazy termination for misconduct. Early Retirees (under age 65) 14.3 For those employees who retire before age 65 and are eligible for eatly retiree benefits under the terms set forth in Article 14.2 above and until such retirees reach sixty-five (65) years of age, the Employer shall cornurue to make the same contribution for early reriree benefits as those for active employees. For early retirees selecting single coverage, the Employer will contribute 100% of the premium cost for singie coverage. For early retirees selecting dependent coverage, the Empioyer will contdbute 50% of the premium cost for dependem coverage. The Employer w'sll also continue life insurance benefits for eligible early retirees in the same amount as provided to them as active employees. Life insurance benefits temvnated at age 65. When such early retiree attains age 65, the provisions of Article 1A.4 shall apply. � 7 ARTICLE 14 - INSURANCE (Continued) Regular Retirees (age 65 and otder) 14.4 Employees who retire at or after the age of sixty five (65) must meet the conditions set forth in Article 14.2. 14.4(1) For such employees who retire after December 31, 1995, the Employer agrees to contribute a maximum of $550.00 per month toward the premium for single or dependent heaith ina�*Ance coverage offered Yo regular retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. T'his Article shail atso appty to earty retirees upon reaching age 65, who retired after December 31, 1995 under the provisions of Article 14.2. Survivor Benefits 14.5 In the event of the death of an early retiree or a regular retiree, the dependent of the retiree shall have the option, within thirty (30) days, to continue the current hospitalization and medical bene&ts which said dependerns previously had, at the premiwn and Employer conuibution accorded to the eligible deceased retiree. � It is further understood that coverage shalt cease in the event of: 14.5(1) Subsequent remazriage of the surviving spouse Qf the deceased employee • or retiree. 14.5(2) The employment of the surviving spouse or dependent where heatth insurance is obtained through a goup program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. 14.6 The connibutions indicated in Article 14 shatl be paid to the Employer's third party administraYOr or designated represeatative. I"�1 U � �c�,/or 1 • � � ARTICLE 15 -SELECTION OF LEAD PLUMBER AND GENERAL FOREMAN 15.1 The selection of personnel for the class of position Lead Plumber shall remain solely with the Employer. 15.2 The class of position Lead Piumber shall be filled by employees of the bargaining unit on a "temporary assignmern". 15.3 All "temporary assignments" shall be made oniy at the direction of a designated Employer supervisor. 15.4 Such "temporary assignments" shall be made onty in cases where the class of positions is vacant for more than one (1) notmal work day. ARTICLE 16 - SEVERANCE PAY 16.1 16.2 T'he Employer shall provide a severance pay program as set forth in this Article. To be eligible for the severance pay program, an employee must meet the following requuements: 16.2(1) The employee must be 58 years of age or older or must be eligible for pension under the "rule of 85" or the "rule of 90" provisions of the Public Employees Ret'uement Associarion (PERA). The "rule of 85" or "rule of 90" criteria shall also apply to employees covered by a public pension plan other than PERA. 16.2(2) The empioyee must be voluntarity sepazated from City employment or have been subject to separation by layoffor compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 16.2(3) The employee must have at least ten (10) years of consecutive service under the classified or unciassified Civil Service at the time of separation. For the purpose of this Article, employment in either the City or in the Independent School District No. 625 may be used in meeting this ten (10) year service requirement. 162(4) The empioyee must file a waiver of reemployment with the Personnel Director, which will clearly indicate that by requesting severance pay, the empioyee waives all claims to reinstatement or reempioyment (of any type), with the City or with Independent School District No. 625. 16.2(5) Tt�e empioyee must have accumulated a minimum of eighty (80) days of sick leave credits at the time of lus separation from service. E ARTICLE 16 - SEVERANCE PAY (Continued) 163 If an employee requests severance pay and if the emploqee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-ha(f of the daily rate of pay for the position heId by the empioyee on the date of separation for each day of accrued sick leave subject io a max�mum of 200 accroed sick leave days. 16.4 Tfie maximum amount of money that any employee may obtain t6rough this severance pay progam is $10,000. 16.5 Por the Purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met aSI of the requirements set forth above, at the time of his or her death, payment of the severance pay will be made to the employee's estate or spouse. 16.6 For the Purpose of this severance program, a transfer from the City of Saint Paui employment to Independent School Ilistrict No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. � 16.7 The manner of payment of such severance pay shalt be made in accordance with tke provisions of City Ordinance No. 11490. � 16.8 This severance pay program shall be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this articte con4ict with said ordinance and in such cases, the provisions of ttris article shall control. 16.9 The provisions of this article shall be effective as of May 1, 1984. 16.10 Any employee hired prior io February I5, 1974 may, in any eveat, and apon meding the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this azticte or the ordinance shail constitute a bar to receiving severance gay from the other. lJ 10 qq,�or7 . ARTICLE 17 - HOLIDAYS 17.1 T4ie following ten (10) days shall be designated as holidays: New Year's Day, 7anuary 1 Martin Luther King Day, 3rd Monday in January Presidems' Day, Third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veteran's Day, Novembet 11 Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 172 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. 17.3 The ten (10) holidays shall be considered non-work days. • 17.4 � in the judgment of the Employer, personnei ue necessary for operating or emergency reasons, employees may be scheduled, "called in" or "called back" in accordance with Article 10 (CALL IN/CALL BACK). 17.5 Participafing employees as defined in Articles 12.3, 12.4 and 12.5, other than Fire Sp�inkler Inspectors, working on the holidays listed below shall be paid on a suaight time basis. Martin Luther King Day Presidents' Day Day After Thanksgiving Veterans' Day 17.6 Fire Sprinkler Inspectors working on the holidays listed below shall be paid on a straight time basis. Martin Luther King Day Veterans' Day 17.7 Participating employees, as defined in Article 123, 12.4 and 12.5, other than Fire Sprinkler Inspectors, worldng on the Holidays listed below shall be paid a1 the raxe of two (2) times the basic hourly rate for all hours worked. • New Year's Day Memorial Day Thanksgiving Day Christmas Day Independence Day 11 ARTICLE 17 - HOLIDAYS (Continued) 17.8 Fire Sprinkler Inspectors working on the holidays listed below shall be paid at the rate of two (2) times the basic hourly rate for ail hours worked. New Yeai's Day Christmas Day 17.9 Participating employees, as deSned in Articles 12.3, 12.4 and I2.5, other tfian Fire Sprinkler Inspectors, working on I.abor Day shatt be recompensed for work done on tlus day by being granted compensatory time on a time and one-half basis, or by being paid on a time and one-half basis for such hours worked, in addirion to their regular holiday pay. 17.10 Fire Sprinkler Inspectors working on Memoriat Day, Tndependence Day, Labor Day or Thanksgiving Day shall be recompensed for work done on any of these days by being granted compensatory time on a Lime and one-half basis or by beiag paid on a time and one-half basis for such hours worked, in addition to their regular holiday pay. � Fire Sprinkler Inspectors working on Presidem's Day or the day after T6anksgiving shall be recompensed for wotk done any of these days by being ganted compensatory time on a straight time basis or by being paid on a straight time basis in addition to iheir regulaz holiday pay. During the calendar year of 1994 Fite Sprinkler Inspectors working on the Friday before Iabor Day shall be recompensed for work done on this day by being • granted compensatory time on a straight time basis or by being paid on a straight time basis in additian to their regutaz holiday pay. - 17.11 If an employee other than a Participating Employee ernitled to a holiday is required to work on Martin Luther King Day, President Day, Veteran's Day, or Day After Thanksgiving, helshe shall be granted another day offwith his/her pay in lieu thereof as soon thereafter as the convenience of the department pennits, or he/she shall be paid on a straight time basis for such hours worked, in addition to his/her regulu holiday pay. If an employee other than a participating employee emitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, helshe shatt 6e recompensed for work done on this day by being granted compensaiory time on a time and one-half basis or by being paid oa a time and one-half basis for such hours worked, in addition to his/her regular holiday pay. Eligibility for Holiday pay shall be determined in accordance with Section I, Subsection I of the St. Paul Salary Plan and Rates of Compensation. � 12 �g,�o�7 L� r� LJ ARTICLE 18 - DISCIPLINARY PROCEDURES 18.1 18.2 The Employer shall have the right to impose disciplinary actions on employees for just cause. L� Disciplinary actions by the Employer shall include only the following actions: 18.2(i) Oral reprimand 182(2) Written reprimand 18.2(3) Suspension 182(4} Demotion 18.2(5) Discharge 183 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Boazd of Review. T'he Civil Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotioq or discharge. No appeal of a suspension, demotion, or discharge shall be considered a"grievance" for the purpose of processing through the provisions of Article 24 (GRIEVAI3CE PROCEDI3RE). ARTICLE 19 - ABSENCES FROM WORK 19.1 Employees who are unable to report for their normal work day.have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning ofsuch work day. 142 Failure to make such notificarion may be grounds for discipline as provided in Article 18 (DISCIPLINARY PROCEDURES). 193 Failure to report for work without notification for three (3) consecutive normal work days may be considered a"quit" by the Employer on the part of the employee. 13 ARTICLE 20 - SEIVIORITY 20.1 Seniority, for the putposes of tlus Agreement, shall be defined as follows: 20.1(1) "Master Seniority" - The length of continuous regular and probationary service with the Employer from the last date of employmern in any and all class tifles covered by this Agreeme�. 20.1(2) "Class Seniority" - The length of comuwous regular and probationary service with the Employer from ttte date aa employee was Srst appointed to a class title covered by tlus Agreement. 20.2 Seniority shall not accumulate during an unpaid leave of absence, �cept when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointmeat to the unclassified service of the Employer or to an elected or appoiated full-time position with the Union. 20.3 Senioriry shall temunate when an employee rietires, resigns, or is discharged. C� 20.4 In the eveni it is detemvned by the Employer that it is necessary to reduce the work force employees will be laid off by ciass title within each Department based on inverse length of "Class Seniority." Employees laid off shalt have the right to reinstatement in their • Department to any previously held lower-paid class title in ttus bargaining unit provided, employee has greater "Ctass Seniority" than the employee being dispiaced. 20.5 In the event it is determined by t6e Employer that it is necessary to reduce the number of Plumbing Inspectors in the Fire Depamnent, employees wilt be laid off in i�erse order of their "Class Seniority." However, employees being laid offwho were appointed to the tide of Plumbing Insgector prior to July 1, 1985 and transferred to the F'ue Department shall have the righi to displace Piumbing Inspectors in the Department of Community Services provided the employee has greater "Gass Seniority" than the employee being displaced. 20.6 The selection of vacation periods shall be made by class title based on length of "Class Seniority," subject to the approval of the Employer. • �4 R q�o�1 � • • ARTICLE 21- JURISDICTION Zl.l Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject to determination by the various unions representing employees of the Empioyer. 21.2 The Employer agrees to be guided in the assignmern ofwork jurisdiction by any mutuai Ageements between the unions involved. 213 In the evern of a dispute conceming the performance or as�ignmem 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. 21.4 Any employee refusing to perfortn work assigned by the Employer and as clarified by Sections 21.2 and 21.3 above shall be subject to disciplinary action as provided in Article 18 (DISCIPLINARY PROCEDURES). 21.5 There shall be no work stoppage, slow down, or any disruprion of work resulting from a work assignment. ARTICLE 22 - SEPARATION 22.1 Employees having a probationary or regulaz employment status shall be considered separated from employment based on the following actions: 22.1(1) 22.1(2) 22.1(3) 22.1(4) Resignation. Employees zesigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignarion. Retirement As provided in Article 16 (SEVERANCE PAI�. Discharge. As pmvided in Article 18 (DISCIPLINARY PROCEDURES). Failure to Report for Duty. As provided in Articie 19 (ABSENCES FROM WORK). 22.2 Empioyees having a temporary or provisional emp3oyment status may be terminated at the discretion of the Employer before t}se completion of a normal work day. 15 ARTICLE 23 - TOOLS 23.1 All employees shall personally provide themselves with the tools of the uade as listed in APPendix B. ARTICLE 24 - GRIEVANCE PROCEDURE 24.1 The Employer shall rec;ognize the Steward selected in accordance with Union rules and regulations as the grievance representarive of the bargaining unit. The Union shall notify the Employer in writing of the name of the Stewazd and of hislher successor when so named. 242 It is recognized and accepted by the Employer and the Union that the processing of greevances as hereinatier provided is limited by the job duries and respons�'bilities of ihe 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 dettimental to the work programs of the Employer. � 243 The procedure established by this articie shall be the sole and exclusive procedure, except • for the appeal of disciplinary action as provided by 18.3, for the.processing of grievances, which aze defined as an alleged violation of the terms and conditions of this Agreement. 24.4 Grievances shatl be resoived in conformance with the following procedure: Siep 2. Upon ihe occurreace of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the infomial discussion it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on wlrich it is based, the sileged section(s) ofthe Ageement violated, and the relief requested. Any alteged violation of the Agreement not reduced to writing by the Uaion within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or withiu the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. • 36 q�-Iai� ' ARTICLE 24 - GRIEVANCE PROCEDURE (Continued) • Step 2. Within seven (7) calendar days after receiving the written grievance a designated Employer supervisor shall meet with the Union Steward and attempt to resolve the grievance. I� as a resutt of this meeting, the gtievance remains unresalved, the Employer shall reply in writing to the Union within three (3) calendar days following tiris meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employe�s written answer. Any grievance not refeaed in writing by the i3nion within seven ('� calendar days following receipt of the Employer's answer shall be considered waived. Step 3. Within seven (� calendar days following receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or his/her designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the Employer shall reply in writing to the Union stating the Employer's answer conceming the grievance. I� as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven ('7} calendaz days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresoived, the Union may within seven (� calendar • days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arhitrafion proceeilings shall be conducted by an arbitrator to be selected by mutual Agreement of the Emipioyer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agee upon an arbitrator within the said seven ('7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5) arbivators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strilce the first (Ist) name; the Employer shall then strike one (I) name. The process will be repeated and the remaining person shall be the arbitrator. 24.5 The arbitrator shall have no right to amend, modify, nuliify, ignore, add tq or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Empioyer and the Union and shall have no suthority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in wriring within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an e�rtension. The decision shall be based sotely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the • grievance presemed. T'he decision of the arbitrator shail be finai and binding on the Employer, the Union and the employees. 17 ARTICLE 24 - GRIEVANCE PROCEDURE (Continaed) • 24.6 The fees and expenses for the arbitrator's services and proceedings shall be bome equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause sucfi a record to be made providing it pays for the record. 24.7 The time liants in each step of this procedure may be extended by mutuai Agreemem of the Employer and the Union. ARTICLE 25 - RIGHT OF SUBCONTRACT 25.1 The Empioyer may, at any time during the duration of t3ris Agreement, conttact out work done by the employees covered by this Agreement. In the event that such wrnracting would result in a reduction of the work force covered by this Agreement, the Employer shall give the Uaion a ninety (9�) calendar day noYice of the intention to sub-contract. 25.2 The sub-contracting of work done by the employees covered by this Agreement shall in all cases be made only to Employers who qualify in accordance with Ordinance No. 14013. ARTICLE 26 - NON-DISCRIlIIINATION 26.1 The tem�s and condirions of this Agreement will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sea�, age, or because of inemberstrip or non-membership in the Union. 262 Employees will perform their duties and responsbilities in a non-discriminatory manner as such duties and responsibilities u►volve other employees and the general puhlic, ARTICLE 27 - SEYERABILTTY 27.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative, or judiciai suthority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shatl continue in fulI force and effect. 27.2 The parties agree to, upon written notice, erner into negoriations to place the voided provisions of the Agreement in compliance with the legislative, administrative, or judicial deternvnation. � LJ • 1s qq�l�il ��zcLE Zs - w�x • 28.1 The Employer and the Union ackaowledge that during the meeting and negotiating which resulted in this Ageement, 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 afrer the exercise of this right are fully and completely set forth in this Agreement. 282 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 azry term or conditions of employment whether specifically covered or not specifically covered by ttris Agreement. The Union and Employer may, however, arutually agree to modify any provision of tlris Agreement. 28.3 Any and all prior ordinances, Agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Ageement, aze hereby superseded. ARTICLE 29 - CTTY MII.EAGE 29.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and • employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 29.2 Method of Computation: To be eligibie for such reimbursement, all officers and employees must receive written authorization &om the Departmem Head. Type 1: If an empioyee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall 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 position. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such empioyee is required to drive an automobile during employment and the department head or designated representative detetmines that an Employer vehicie is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per arile driven and shall not be eligible for any per diem. Type 2: If an employee is required to use lris/her own automobile REGULARLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reunbursed $.20 per mile for each mile actually driven. • 19 ARTICLE 29 - CTTY MII.EAGE (Continued) If such employee is required to drive an sutomobile during employment and the department head or designated representative determines that an Employer vehicle is available for the employee's use but the employee desires to use his/her own automobiie, then tfie employee shail be reimbursed at the rate of $.20 per mile driven and shal] not be eygible for any per diem. 29.3 The City will provide parldng at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their personal car available for City business. Such parking witl be provided only for the days the employee is required to have his or her own personal car available. 29.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automob�le reimbursement, which regulations and ruIes shal2 contain the requiremenY that recipiems shall file daily reports indicating miles driven aad shall file monthly affidavits stating the number of days worked and the mimber of miles drive� and further require that they maintain sutomobile liabiliry insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for property damage, or Iiability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These niles and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. ARTTCLE 30 - SAFETY 30.1 Accident and injury free operatioas shall be the goai of the EmpIoyer and Employees. To this end the Employer and employees will, to the best of their ability abide by, and live up to the requirements of the several State and Federal Construction Safety Codes and Regularions. 30.2 To this end the Emptoyer shatt from time to time issae cules or notices to }us Emptoyees regazding on the job safety requirements. Any Employee violating such niles or notices shall be subject to disciplinary action. No Empioyee may be discharged for refusing to work under unsafe conditions. 303 Such safety eqvipmem as required by governmentat regulations, shall be provided withoui cost to the Employee. At the Employe�s option, the Emptoyees may be required to sign for safety equipment and shall be obligated to retunt same upon discharge, layo$ quit or other termination in compazable condition as when issued, providing reasonable wear and tear. The Employer shatt have the right to withhold the cost of such safety equipment if not retumed. � • C� 20 a q,/D17 • ARTICLE 30 - SAFETY (Cantinued) 30.4 The EMPLOYER agrees to pay $30.00 toward the cost of a pair of safety shoes purchased by an employee who is a member of t}ns unit. The E2vvIPLOYER shall only cornnbute toward the cast of one pair of shoes per contract year. This reimbursement of $30.00 shall be made only after investigation and approval by the immediate supervisor of the employee. This $30.00 EMPLOYER coirtn'bution shall apply oniy to those employees who are required by the Empioyer to wear protective shoes or boots. ARTICLE 31- LEGAL 5ERVICES 31.1 Except in cases of malfeasance in office or willful or wanton negiect of duty, or indifference to rights of others, the Employer shalt defend, save harmless and indemtrify employee against tort claim ar demand whether groundless or otherwise arising out of alleged acts or omission occurring in the performance or scope of the employee's duties. 31.2 Notwithstanding the provisions of Section 31.1 the Employer shall not be required to defend or indemnify any employee against personal liability, or damages, costs or �pense (a) resulting from a claim, suit, verdict, Snding, determination or judgment that the employee has committed an intentional tort or torts, including but not limited to slander, libe3 andfor other defamatory harms; or (b) arising out of cross claims, cournerclaims, affirmative defenses and/or sepazate actions brought against such employee in response to • or resulting from cisims, allegations, demands or actions (whether or not litigation was actually commenced) brought, made or instituted by such employee. 31.3 Notwithstanding the provisions of section 31.1 or 31.2, the Employer may at its sole discretion defend an employee against allegations, claims, demands or actions wholly or in part based on or arising out of claimed intenrional torts, and in such cases, the employee consents to the extent lawfully pemfltted to such representation without regazd to actual or potential conflicts of interest. 31.4 Each employee, within 20 days after receiving notice of (1) a tort ciaim or demand, action, suit or proceeding against himfher, (2) a judgment, verdict, finding or determination, either ofwhich arises out of alleged or found acks or omissions occurring in the performance or scope of the employee's duties, shall notify the City by giving written notice thereof to the Office of the City Clerk. ARTICLE 3Z - VACATION 32.1 Participating employees, as described in Article 12.3, are required to take at least ten (10) unpaid vacation days. � 21 ARTICLE 33 - UNTIFORM ALLOWANCE 33.1 Fire Sprinkler Inspectors and Plumbiag Tnspectors in the Fire Department who are required to wear a speci&ed uniform shall receive a uniform allowance of $425.25 per calendaz year from the Fire Department. ARTICLE 34 - DURATION AND PLEDGE 34.1 Unless otherwise specifically stated elsewhere herein, this Agreement is effective the date of sigaing by the Employer aad Yhe Union and shall remain ia effect through the 30th day of April, 2002, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in Article 34.2. 34.2 If either parry desires to temtinate or modify this Agreemeat, effective as of the date of expiration, the parry wishing to modify or terminate the Agreement shall give written notice to the other party, not more than ninety (90) or less than sixty (6�) calendar days prior to the e�cpiration date, provided, that the Agreement may onty be so terminated or modified effective as of the expiration date. � 343 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the GRIEVANCE PROCEDURE herein established is the means by which grievances conceming its application or interpretation may be peacefiilty . resolved, the parties hereby pledge that during the term of the A,greement; 343(i) The Union and the employees will not engage in, instigate, or condone any concerted action in wtrich employees fait to report for duty, wittfully absent themselves from work, stog worl� slow down the'u work, or absent themselves in whole or part from the fiill, faithfui performance of their duties of employment. 343(2) The Employer wi21 not engage in, instigate, or condone aay tock-out of employees. 343(3) This constitutes a tentative Agreement between the parties which will be recommended by the Director af Labor Retations, but is subject to the approval of the Administration of the City, and is also subject to ratification by the Union. � 22 qq,1o�� . u ARTICLE 34 - DURATION AND PLEDGE (Continued} AGREED and attested to as the full and complete understanding of the patties for the period of time herein specified by the signature of the foliowing representative for the Employer and the Union: WITNESSES: CITY OF SAINT PAUL � 1��--� Tersy Haltiner Labor Relations Manager ! ° — r - -� r ` t � Date iJNITED ASSOCIATION OF PLUMBERS LOCAL 34 _13��,.�3' .� Robert Schwartzbauer Business Manager L� �/ � / 9 c1 Date � SPRINKLER FITTERS LOCAL 417 ames Kelze rg c �,� President �G/�/1� Date �� 21 c�q,�ol � � APPENDIX A The classes of positions recognized by the Employer as being exclusively represented by the Union aze as follows: Lead Plumber Plumber Senior Plumbing Inspector Plumbing Inspector Plumbing Inspector—Water Department Sprinkler Fitter 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. • � A1 c�q_�o�� • APPENDIX B 6' Folding rule i APPENDIX C • 1. The basic hourly wage rate for temporary and emergency employees appointed to the following classes of posirions shall be: Effective 05l08J99 $26.92* $29.27* $29.27* $2927* $30.27* Plumber Lead Plutnber Plumbing Inspector Plumbing Inspector -Water Utility Senior Plumbing Inspector * This rate includes the$3.14 talcable vacarion contribution. Apprentice qq,io t�1 0- 6 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50% of Plumber rate 7-12 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55% of Plumber rate 13-18 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60% ofPlumber rate 19-24 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65% of Plumber rate 25-30 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70% of Plumber rate 31-36 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75% ofPlumber rate 37-42 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80% ofPlumber rate 43-48 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85% of Plumber rate 49-54 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90% of Plumber rate 55-60 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95% of Plumber rate . The basic hourly rate for temporary employees whose length of employcnent and earnings require that they be subject to Public Employees Retirement Association (PERA) contributions shall be the temporary rate divided by 1.0448. This amount shall increase to 1.0518 on 7anuary 1, 1998 and is subject to futher increase or decrease by the State of Minnesota. 2. The basic hourly wage rate for provisional, regulaz and probationary employees appointed to the following classes of positions and not receiving the fringe benefits listed in Article 122 sha11 be: Plumber I,ead Plumber Plumbing Inspector Plumbing Inspector - Water Utility 5enior Plumbing Inspector Effective 05J08199 $23.73* $25.80* $25.80* $25.80'� $2b.68* * Effective January 1, 1998, this rate includes a t�able vacation contribution. In additioq notwithstanding Article 32, a calculation has been made to allow for 72 hours of paid holidays and 80 hours of paid vacation per fiscal year. Vacation carry over shall be • paid in accordance with Section I H of the Saint Paul Saiary Plan and Rates of Compensation. Vacation must be approved by the Head of the Department. C1 APPENDIX c (Continued) • Effective May 1, 2000 (or closest payroll period), there will be an additional $1.61 per hour increase added to the total package. The parties will agree prior to that date regarding the distriburion of the $1.61 between wages and fiinges. T'his amount will be decreased by any increase in the Industry Fund. There will also be a$0.10 per hour increase in the Forman Rate. Effective May 1, 2001 (or closest payroll period), there will be an additional $1.65 per hour increase added to the total package. The parties will agree prior to that date regarding the distriburion ofthe $1.65 between wages and fringes. Tlris amount will be decreased by any increase in the Industry Fund. There will also be a$0.10 per hour increase in the Forman Raxe. 3. The basic hourly wage rate for regulaz employees apponrted to the following classes of positions who are receiving the fringe benefits listed in Article 12.2 shall be: Plumbing Inspector Senior Plumbing Inspector Effective OS/08/99 $29.13 $29.96 �R�E°�� • If the Union elects to have the contributions listed in Appendis D increased or decreased, the Employer may adjust the above applicable rates for participating employees in such a way that the total cost of the package (wage rate plus contributions) remains constaiit. In the event Local 34 and any plumbing contractor affiliated or not affiliated with Twin Cities Piping Industry Associarion and doing business in the seven county metropolitan area agree to a total commercial package different from the above total commercial package such differences shall be immediately applicable to the total compensation paid to employees covered by this Agreement. The State of M'innesota has changed the Public Employees Retirement Association (PERA) contribution rates for employers and employees to 5.18% effective Ql101198. This rate is subject to increase or decrease by the State of Minnesota. C� C2 : _, . �n �, � �q.�o►� Unless specifically noted, the contriburion levels represent pre-ta�f amounts. Effective OS/08/99, � for participating employees worldng in a tide listed under the heading, Group A, in Appendix A, the Employer shall: (i) contribute to a Union designated GYedit Union $3.14 per hour, for wtuch payroll deducrions have been made, for all hours worked by participating employees, as defined in Articles 12.3, 12.4 and 12.5 of tlus Agreement. (2) contribute to a Health and Welfare Fund $3.28 per how for all houts worked by participating employees, as defined above. (3) contribute to the Pension Funds $4.88 per hour for all hours worked by participating employees, as defined above. (4) contribute to the Journeyman and Apprenticeship Training Fund $0.19 per hour for all hours worked by participating employees, as defined above. (5) contribute to the International Training Fund $0.05 per how for all hours worked by participating employees, as defined above. The Employer will not make the above contn'butions for Holidays or vacation. • All contributions made in accordance with this Append'vs D shall be forwazded to the Twin City Pipe Traders Service Association. The Employer shall establish Workers Compensation and Unemployment Compensation programs as required by IvTinnesota Stamtes. The Employer's fringe benefit obligation to participating employees as defined in Articles 123, 12.4 and 12.5 is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. � D1 APPENDIX E • WORI�NG CONDTITONS FOR SENIOR PLUMBING INSPECTORS AND PLUMBING INSPECTORS As a result of the 1974 settlement, the Parties have established craft-determined rates for Senior Plumbing Inspectors and for Plumbing Inspectors, with the specific understanding that such Agreement is restricted to established rates of pay for such classifications. It is, consequently, agreed that the Bmployer in applying Article 3(EMPLOYER RIGHTS) of the Maintenance Labor Agreement, shall have the right to operate the Department in the same manner as heretofore, with management rights unaffected, and that the establishment of separate rates for these classifications as well as for Inspector classifications in other Bargaining Units, may not result in disputes over assignments or over rates of pay for work performed, nor will any jurisdicrional claims or restrictions be asserted by the Union because members of various Inspector classifications are assigned to work wMch is also performed by other Inspector classifications. � • qq-fati1 E1 • .�� .n � Effective Effective Effective Effective 06/Ol/99** Ol/O1/00** 06/Ol/00** 06/Ol/Ol** • � 2. The basic hourly wage rate for temporary and employees appointed to the following classification shall be : Gq.io►1 Fire Spiinkler Inspector $28.42* $28.37* $29.92 $31.62 * This rate includes the $.50 taxable vacarion contribution ** or closest payroll date. The basic hourly wage rate for provisional, regular and probationary employees appointed to the following classification shall be: Fire Sprinkler Inspector Effective 06/Ol/99** $27.02* Effective Effective Effective Ol/Ol/00** 06/O1/00** 06/01101** $26.97* $28.45* $30.06* * This rate includes the $.50 taxable vacation contribution ** or closest payroll date. The State of Minnesota has changed the Public Employees Retirement Association (PERA) contribution rates for employers and employees. The current rate for applicable employees is 5.18°/a. This rate is subject to further increase or decrease by the State of Minnesota. F1 APPENDIX G Unless specifically noted, the contriburion levels represent pre-tax amounts. Effective 06/01/99 • (or closest payroll date), for employees worldng in the title of Fire Sprinkier Inspector, the Employer shall: (1) contribute to a Health and R'elfare Fund $3.40 per hour for all hours worked. (2) contribute to the National Pension Fund $230 per hour for all hours worked. qc�,�o�� (3) contribute to the 5upplemental Pension Fund $4.40 per hour for all hours worked. Effective 06/01/00 (or ciosest payroll date) tttis will increase to $4.70. Effective 06/01/01 (or closest payroll date) this will increase to $5.00. (4) contribute to the Education Fund $.16 per hour for all hours worked. (5) deduct and forward to the Vacation Fuud $.50 per hour for all hours worked. (6) contribute to the Building Fund $21 per hour for all hours worked. (7) contribute to the �ntemational Training Fund $.OS per hour for all hours worked. All contriburions and deductions made in accordance with this Appendix G shall be forwarded to the parties designated by the Union. • The Employer shall establish Worker's Compensation and Unemployment Compensation programs as required by M'innesota Statutes. The Employer's fringe benefit obligation is ]imited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded the contributions and/or deductions. l J G1 Couucil File # �q' �O � ORIGINAL r��nr�a Referred To Committee Date 1 2 3 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached May 1, 1999 thru April 30, 2002 Maintenance Labor Agreement between the City of Saint Paul and United Association Plumbers Loca134 and Sprinkler Fitters Local Union No. 417. Requested by Department of: Office of Labor Relations l��o � Form Appr edoK 'C�Py'A omey (/ � � 3 ,. � � i�- for Adoption Certified by Council Secretary �': � �� Approved by Mayor: te By: G RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 08906 �� Adopted by CouncIl: Date � �� . � � � `« � � D�s"xT"��rrot�tcxr�°n'v°°': D`"g nvrr�."�n GREEN SHEET No.: Q8906 R 4 �� LABOR RELATIONS 10/5/99 corrracrr�esona�raor�: � n�rrarmaxs aurrnvnnxE JCJLIE KRAUS 266-6488 �� i n�eaxla�r �� a crrY couNCU. �gg 2CTIYATPDRNEY CITYCLERK MIIST BE ON COi3NCII,AGENDA BY (DATL7 �R �ETDIR. FiN. ffi MGT. SERVICE DIIL ROUTING 3MAYOR(ORASST.)� ORDF1t TOTALlIOFSIGNeiYOREPAGES I (QdPALLLOGATIONSFORSIGNATORE) ecnox x�vFSrF.n: This resolution approves the attached May 1, 1994 thru Apri130, 2002 Maintenance Labor Agreement between the City of Saint Paul and United Association Plumbers I.ocal 34 and Sprinkier Fitters Local ITmon No. 417. RF.(:OMIdENDATtONS:AFPmve�A)orRe.l°a(R) PERSONALSERVICECONTRAGISMUSTANSWF.RTHEFOLLORING QUFbTIONS: PLANNINGCOMA�IISSION CIVII,SERVICE COMbII3SION 1. Has4aspnsonfEimevawaked�aco�aclforHtiadepmfineal4 CIB COMbII1TEE Yes No STAFF 2. Hasthispason/lameverbxnacilyemployee7 DISIRICT COURT Yes No stieroxlswfucxcouxcn.oBmcnve? 3. no�m;�y�ods�.�a�na�nrr�6r�v��m�? . Ys No Ezplatrt a0 yes ansren on xparate a6eM and aparL b ttxen aheet IN117ATING YROBLEM, ISSUE, OPYORTUNITY (W6o What, N6eo, WLare, Whp): ADVANfAGES IF APPROVED: DISADVANTAGFS IF APYROVED: DISADVANTAGFS IF NOT APPROVED: TOTALAMOUNT OFTRAN3AGTION: COSIYREVENUEBUDC'ETED: BUNDING 30URCE: ACPLVITY NUMBER Fa„ t�t?s:�t `s�-.�"��?;s� �� FINANQAL INFORMATION: (EXPLAIN) liYo� f �'��'' 9e3�m • May 1,1999 - Apri130, 2002 °►9- lo�t�l MAINTENANCE LABOR AGREEMENT � � � � _ - between � � � � � � � ` � ; THE CITY OF SAIN� PAUL� � �. � � _ . � � � � _ � ' � � - and - � �. � - � , - , i �� _. � � � � " ��UNI�ED AS�OCIz�TION �- � � �- . � � � � � _ � � _ PI�U�IB�RS L�CAI.'34� , `_ � � � . � . . � � _ _� � �� and _ ` � � _ � � � - . _ . _ � � _= � � �_ � �_, _ � � �_ . . .. �SRRILBKI,ER FIIT�RS� � . _ �, � _ .. � � � _ �. . � , _ �� LOCAL U1�TION NO: 417 � � - - _� � � .� _-� � ._ � � �- � " � � � � q�-1 D 1� INDEX • AR�I ('I,F. TITLE PAGE Preamble ..............................�•---............. rii 1 Purpose .................................................1 2 Recognirion ..............................................1 3 Employet Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights ..............................................2 5 Scope of the Ageement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Probationary Periods ........................................2 7 Philosophy of Employment and Compensation . . . . . . . . . . . . . . . . . . . . 3 8 IIoursofWork ............................................3 9 Overtime .................................................4 10 CallIn/Call Back ...........................................4 11 Work Location, Residency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 12 Wages ...................................................5 13 Fringe Benefits ............................................6 14 Insurance ................................................7 15 Selection of Lead Plumber . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 • 16 Severanc,� Pay .............................................9 17 Holidays ................................................il 18 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 19 Absences�rom Work ......................................13 20 Seniority ................................................14 21 3urisdiction ..............................................15 22 Separation ...............................................15 23 Tools ..................................................16 24 Grievance Procedure .......................................16 25 Rightof Subcontract .......................................18 26 Non-discrimination . .. . . ... . . . .. .. . . . . .. . . . . . . . . . . .. . . . . . . . 18 27 Severability ..............................................18 28 Waiver .................................................19 29 City Mileage Plan .........................................19 30 5afety ..................................................20 31 LegalServices ............................................21 32 Vacation ................................................21 33 Uniform Allowance ........................................22 34 Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 • i • � i INDEX (Continued) 9�-�a �� APPendix A ............................................ A1 APPendiacB ............................................. B1 APPendix C ............................................. C1 AppendixD ............................................ D1 APPendixE ................••--••--••---................ E1 APPendixF ..............................................F1 APPend'vc G ............................................ G1 �� q q,�oi � � PREAMBLE This Agreement is entered into between the City of Saint Paul, hereinafter refecred to as the Employer, and the United Association Plumbers I.oca134 and Sprinkler Fitters Local Union No. 417, hereinafter referted to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The Employer and the Union both realize that this goal depends not only on the words in the � Agreement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general puhlic. � iii qq,�ol7 • ARTICLE 1- PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1(i) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee perFormance that is consisterrt with the safery and well-being of all concemed; 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 peacefiilly resolve disputes as to the application or intespretation of this Ageement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shall prevail. The paRies, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 27 (SEVERABILTT�. ARTICLE 2 - RECOGNTTION � 2.1 The Employer recognizes the Union as the exclusive representafive for collective bargaining purposes for all personnel having an empioymern status of regular, probationary, provisional and temporary, employed in the classes of positions defined in Append'vf A as certified by the Bureau of Mediation 5ervices in accordance with Case No. 73-PR-527-A dated May 11, 1973 and Case No. 86-PR-951 dated May 14, 1986. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnei, facilities, and equipment; to establish functions and pragrams; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational suucture; to select, direct, and deternvne the number of personnei; and to perform any inherent managerial function not specifically limited by this Agreement. 3.2 Any "term or condition of employment" not established by this Agreement shall remain with the Empioyer to eliminate, modify, or establish following written notification to the Union. C� ARTICLE 4 - iTNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthiy iTnion dues. Sucfi monies deducted shall be remitted as directed by ihe Union. 4.1(1) The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organizarion. 4.1(2) The Union shall indemnify and save hannless the Empioyer from any and all claims or charges made against the Employer as a result of the implementation of this Article. 4.2 The Union may designate one (1) etnpioyee from the bazgaining unit to act as a Steward and shall inform the Employer in writing of such designation_ Such employee shall have the righu and responsibilities as designated in Artic2e 24 (GRIEVANCE PROCEDURE). 4.3 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 employ�s covered by Yhis Agreement are working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employment" defined by M.S. 179.63, Subd. 18 for all employees exclusively represented by the Union. This Agreemern shall supersede such "terms and conditions of employment" established by Civil Service Rute, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS b. I All personnel, originally hired or rehired foIlowing separation, in a regular employment status shall serve a s'vc (6) month probarionary 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 probarionary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 24 (GRIEVANCE PROCEDURE). 6.1(2) An employee terminated dwing the probationary period shall receive a written notice of the reason(s) for such termination, a copy of wluch shall be sent to the Union. �J � LJ C� 2 �C�,( pl7 . ARTICLE 6 - PROBATIONARY PERIODS (Continued) 6.2 All personnel promoted to a lrigher class shall serve a six (� month promotional probarionary period during which time the employee's fitness and ability to perform the position's duries and responsihilities shail be evaluated. 6.2(1) At any time during the promotional probationary period an employee may be demoted to the empioyee's previousiy held class at the discretion of the Empioyer without appeal to the provis'sons of Article 24 (GRIEVArICE PROGEDURE). 6.2(2) An employee demoted during the promotional probationary period shall be returned to the empioyee's previously held class and shall receive a written notice of the reasons for demotion, a copy of wtuch shall be sent to the Union. ARTICLE 7- PHII,OSOPHY OF EMPLOYMENT AND COMPENSATTON 7.1 The Employer and the Union are in full Agreement that the philosophy of employment and compensation shall be a"cash" hourly wage and "industry" fringe benefit system. . 7.2 The Employer shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (WAGES) and 13 (FIt1NGE BENEFITS). � 7.3 No other compensation or fringe benefit shall be accumulated or eamed by an employee except as specifically provided for in tivs Agreement, except those employees who have individually optioned to be "gand fathered" as provided by 11.2. AxTTCr.E a- HouRS oF woRx 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirry (30) minute unpaid lunch period between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 8.3 I� during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a normai work day or work week other than that provided in Article 8.1 or 8.2, the Union agees to enter into negotiations immediately to establish such conditions • 8.4 This section shall not be construed as, and is not a guarantee o� any hours of work per normal work day or per normal work week. � ARTICLE S- HOURS OF WORK (Continued) 8.5 All employees shall be at the location designated by their supervisor, ready for work, at • the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by tfieir supervisor. 8.6 All employees are subject to call back by the Employer as pzovided by Article 10 (CAT S" IN/CALL BACI�. 8.7 Employees reporting for work at We established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work aay. ARTICLE 9 - OVERTIlV� 9.1 Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by order of the head of the departmern. An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-haif basis or by being paid on a time and one-half basis for such overtime work. The basis on w}vch such overrime shall be paid shall be determined solely by the Employer. 92 The rate of one and one-half (1 1/2) the basic hourty rate sha11 be the overtime rate for • work performed under the following circumstances: 9.2(1) Time worked in excess of eight (8) hours in any one normat work day and; 92(2) Time worked in escess of 40 hours in a seven ('� day period. 93 For the purpose of calculating overtime compensation overtime hours worked shall not be "pyramided," compounded, or paid twice for the same hours worked. 9.4 Overtime hours worked as provided by this articie stiall be paid in cash or compensatory time as deternuned by the Employer. ARTICLE 10 - CALL IN/CALL BACK 10.1 The Employer retains the right to call in or call back employees before an employee has started a noimat work day or normat work week and after aa employee has completed a normal work day or normal work week. 102 Emgloyees called in or called back shall receive a minimum of four (4} fiours straight time pay at the basic hovrly rate or shall be compensated in accordance with Article 9 (OVERTIlviE), when applicable, whichever is greater. • � qq-Jo» ARTICLE 10 - CALL IN/CALL BACK (Continued) . 102(i) Notwithstanding Article 10.2, employees called in four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hows worked in accordance with Article 9 (OVERTIIv�). ARTICLE 11- WORK LOCATION, RESIDENCY 11.1 Employees shall report to work location as assigned by a designated Empioyer supervisor. During the nom�ai work day employees may be assigned to other work locations at the discrerion of the Employer. i I.2 The resolution pertaining to residency approved 7uty 26, 1979, under Council File No. 273378 shall apply to all employees covered by this Agreement. ARTICLE 12 - WAGES 12.1 T'he basic houriy wage rates as established by Appendix C and Appendix F sha11 be paid for all hours worked by an employee. • 12.2 Employees who are covered by the fiinge benefits listed below shall continue to be covered by such benefits. T'hey shall be subject to all other provisions of the Agreement, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFTTS). 12.2(1) Insurance benefits as established by Article 14 (INSURANCE). 122(2) Sick Leave as established by Resolution No. 3250, Section 20. Effective May 1, 1997, the remaining City Benefitted plumbers will be charged with the actuat average number of sick Ieave hours used, or 48, whichever is less. 122(3) Vacation as established in Section 1 H of the Salary Plan and Rates of Compensation Resolution (6446), however, employees in this bazgaining unit, covered by this vacation provision, shall be granted vacation at the rate of 160 hours in each calendar year. 12.2(4) Ten (10) legal holidays as established by Resolution No. 64A6, Section i, Subdivision I. 12.2(5) Severance benefits as established by Ordinance No.11490 with a maximum • payment of $4,000 or as established by Article 16 (SEVERANCE PA� of this Ageement. 5 ARTICLE 12 - WAGES (Continued) " 12.3 Regulaz employees not covered by the fringe benefits listed in Article 122 shall be • considered, for the purposes of this Agreement, participating emptoyees and shall be wmpensated in accordance with Article 12.1 (WAGES) and fiave fringe benefit comdbutions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS). 12.4 Provisional and temporary employees shall be considered, for the purpose of tlris Agreement, participating employees and shall be compensated in accordance with Article 12.1(WAGES) and have fringe benefit contributions aad/or deductions made in their behalf as provided for by Article 13 (FILINGE BENEFTfS). 12.5 All regular employees employed afier February 15, 1974, shall be considered, for the purpose of tlris Ageement, participating employees and shall be compensated in accordance with Article 12.1(WAGBS) and have fiinge benefit contn'butions and/or deductions made on their behalf as provided for by Article 13 (FItINGE BENEFIT3). ARTICLE 13 - FRINGE BENEFTTS 13.1 The Employer shall make conm'butions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance wit6 Appendix D and Append'vc G for a11 hours worked. • 13.2 Temporary, provisionat, probationary and regular participating employees shall be eligible for a paid holiday for Labor Day, the Srst Monday in September in accordance with the St. Paul Saiary PIan and Rates of Compensation. 13.3 For employees who have elected to become, as of December 29, 1990, participating employees as defined in Article 123 oftivs Agreement, the Employer will make the Health and Welfaze contriburion in accordance with item (2) of Appendiac D of this Agreement. Such contribution shatl be made for hours worked as of October 6, 2990. No other conin'buteons listed ia Appendix D shall be made for such employees for any hows worked prior to December 29, 1990. Such employees shall not be eliglble for City Health and Life insurance after December 31, 1990. 13.4 Accumulated sick leave credit balances as ofDecember 28, 1990 for �ployees covered by Article 133 above shall be frozen as of December 28, 1990. Such frozen sick leave batances may only be used for severance pay pwposes. Severance pay shall be granted only in accordance with Article 16 (SEVERANCE PA� of this Agreement. 23.5 Employees covered by Article 13.3 above shall disconYenue earning vacation as of December 29, 1990. Such employees shall not be eligible for City paid vacation after December 28, 1990. Any unused balance will be paid off at the December 28, 1990 rate of pay. � - 6 - ARTTCLE 14 - INSURANCE . Active Employees 14.1 This Articie shall apply to empioyees who are eligible for the fringe benefits listed in Article 12.2 (City benefits). c�c��1 T'he insurance plans, pr�*+n�mc for coverages, and benefiis contained in the �n�„r�nce plans offered by the Employer shall be solely coirtrolled by the comracts negotiated by the Employer and the benefit providers. However, the employees selecting the offered plans agree to accEpt any changes in benefits which a specific provider implements. For employees who select single coverage, the Employer will contn'bute 100% ofthe cost of the single premium. For employees who select dependent coverage, the Employer will contribute SO% of the cost of the dependent premium. The Employer will provide $5,000 ofterm life insurance for each employee. • Retiree Health Benefits 14.2 Employees who retire must meet the following conditions in order to be eligible for the Employer contribution for retiree health benefits: 14.2(1) Be receiving benefits from a public employee retirement act covering employees of the City of Saint Paul at the time of retirement, and 14.2(2) Have severed lris/her relationship with the City 6�' Saint Paul under one of the retiree pians, and 14.2(3) Have severed hislher relationship with the City of Saint Paul for reasons other than an involuntazy termination for misconduct. Early Retirees (under age 65) 14.3 For those employees who retire before age 65 and are eligible for eatly retiree benefits under the terms set forth in Article 14.2 above and until such retirees reach sixty-five (65) years of age, the Employer shall cornurue to make the same contribution for early reriree benefits as those for active employees. For early retirees selecting single coverage, the Employer will contribute 100% of the premium cost for singie coverage. For early retirees selecting dependent coverage, the Empioyer will contdbute 50% of the premium cost for dependem coverage. The Employer w'sll also continue life insurance benefits for eligible early retirees in the same amount as provided to them as active employees. Life insurance benefits temvnated at age 65. When such early retiree attains age 65, the provisions of Article 1A.4 shall apply. � 7 ARTICLE 14 - INSURANCE (Continued) Regular Retirees (age 65 and otder) 14.4 Employees who retire at or after the age of sixty five (65) must meet the conditions set forth in Article 14.2. 14.4(1) For such employees who retire after December 31, 1995, the Employer agrees to contribute a maximum of $550.00 per month toward the premium for single or dependent heaith ina�*Ance coverage offered Yo regular retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. T'his Article shail atso appty to earty retirees upon reaching age 65, who retired after December 31, 1995 under the provisions of Article 14.2. Survivor Benefits 14.5 In the event of the death of an early retiree or a regular retiree, the dependent of the retiree shall have the option, within thirty (30) days, to continue the current hospitalization and medical bene&ts which said dependerns previously had, at the premiwn and Employer conuibution accorded to the eligible deceased retiree. � It is further understood that coverage shalt cease in the event of: 14.5(1) Subsequent remazriage of the surviving spouse Qf the deceased employee • or retiree. 14.5(2) The employment of the surviving spouse or dependent where heatth insurance is obtained through a goup program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. 14.6 The connibutions indicated in Article 14 shatl be paid to the Employer's third party administraYOr or designated represeatative. I"�1 U � �c�,/or 1 • � � ARTICLE 15 -SELECTION OF LEAD PLUMBER AND GENERAL FOREMAN 15.1 The selection of personnel for the class of position Lead Plumber shall remain solely with the Employer. 15.2 The class of position Lead Piumber shall be filled by employees of the bargaining unit on a "temporary assignmern". 15.3 All "temporary assignments" shall be made oniy at the direction of a designated Employer supervisor. 15.4 Such "temporary assignments" shall be made onty in cases where the class of positions is vacant for more than one (1) notmal work day. ARTICLE 16 - SEVERANCE PAY 16.1 16.2 T'he Employer shall provide a severance pay program as set forth in this Article. To be eligible for the severance pay program, an employee must meet the following requuements: 16.2(1) The employee must be 58 years of age or older or must be eligible for pension under the "rule of 85" or the "rule of 90" provisions of the Public Employees Ret'uement Associarion (PERA). The "rule of 85" or "rule of 90" criteria shall also apply to employees covered by a public pension plan other than PERA. 16.2(2) The empioyee must be voluntarity sepazated from City employment or have been subject to separation by layoffor compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 16.2(3) The employee must have at least ten (10) years of consecutive service under the classified or unciassified Civil Service at the time of separation. For the purpose of this Article, employment in either the City or in the Independent School District No. 625 may be used in meeting this ten (10) year service requirement. 162(4) The empioyee must file a waiver of reemployment with the Personnel Director, which will clearly indicate that by requesting severance pay, the empioyee waives all claims to reinstatement or reempioyment (of any type), with the City or with Independent School District No. 625. 16.2(5) Tt�e empioyee must have accumulated a minimum of eighty (80) days of sick leave credits at the time of lus separation from service. E ARTICLE 16 - SEVERANCE PAY (Continued) 163 If an employee requests severance pay and if the emploqee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-ha(f of the daily rate of pay for the position heId by the empioyee on the date of separation for each day of accrued sick leave subject io a max�mum of 200 accroed sick leave days. 16.4 Tfie maximum amount of money that any employee may obtain t6rough this severance pay progam is $10,000. 16.5 Por the Purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met aSI of the requirements set forth above, at the time of his or her death, payment of the severance pay will be made to the employee's estate or spouse. 16.6 For the Purpose of this severance program, a transfer from the City of Saint Paui employment to Independent School Ilistrict No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. � 16.7 The manner of payment of such severance pay shalt be made in accordance with tke provisions of City Ordinance No. 11490. � 16.8 This severance pay program shall be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this articte con4ict with said ordinance and in such cases, the provisions of ttris article shall control. 16.9 The provisions of this article shall be effective as of May 1, 1984. 16.10 Any employee hired prior io February I5, 1974 may, in any eveat, and apon meding the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this azticte or the ordinance shail constitute a bar to receiving severance gay from the other. lJ 10 qq,�or7 . ARTICLE 17 - HOLIDAYS 17.1 T4ie following ten (10) days shall be designated as holidays: New Year's Day, 7anuary 1 Martin Luther King Day, 3rd Monday in January Presidems' Day, Third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veteran's Day, Novembet 11 Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 172 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. 17.3 The ten (10) holidays shall be considered non-work days. • 17.4 � in the judgment of the Employer, personnei ue necessary for operating or emergency reasons, employees may be scheduled, "called in" or "called back" in accordance with Article 10 (CALL IN/CALL BACK). 17.5 Participafing employees as defined in Articles 12.3, 12.4 and 12.5, other than Fire Sp�inkler Inspectors, working on the holidays listed below shall be paid on a suaight time basis. Martin Luther King Day Presidents' Day Day After Thanksgiving Veterans' Day 17.6 Fire Sprinkler Inspectors working on the holidays listed below shall be paid on a straight time basis. Martin Luther King Day Veterans' Day 17.7 Participating employees, as defined in Article 123, 12.4 and 12.5, other than Fire Sprinkler Inspectors, worldng on the Holidays listed below shall be paid a1 the raxe of two (2) times the basic hourly rate for all hours worked. • New Year's Day Memorial Day Thanksgiving Day Christmas Day Independence Day 11 ARTICLE 17 - HOLIDAYS (Continued) 17.8 Fire Sprinkler Inspectors working on the holidays listed below shall be paid at the rate of two (2) times the basic hourly rate for ail hours worked. New Yeai's Day Christmas Day 17.9 Participating employees, as deSned in Articles 12.3, 12.4 and I2.5, other tfian Fire Sprinkler Inspectors, working on I.abor Day shatt be recompensed for work done on tlus day by being granted compensatory time on a time and one-half basis, or by being paid on a time and one-half basis for such hours worked, in addirion to their regular holiday pay. 17.10 Fire Sprinkler Inspectors working on Memoriat Day, Tndependence Day, Labor Day or Thanksgiving Day shall be recompensed for work done on any of these days by being granted compensatory time on a Lime and one-half basis or by beiag paid on a time and one-half basis for such hours worked, in addition to their regular holiday pay. � Fire Sprinkler Inspectors working on Presidem's Day or the day after T6anksgiving shall be recompensed for wotk done any of these days by being ganted compensatory time on a straight time basis or by being paid on a straight time basis in addition to iheir regulaz holiday pay. During the calendar year of 1994 Fite Sprinkler Inspectors working on the Friday before Iabor Day shall be recompensed for work done on this day by being • granted compensatory time on a straight time basis or by being paid on a straight time basis in additian to their regutaz holiday pay. - 17.11 If an employee other than a Participating Employee ernitled to a holiday is required to work on Martin Luther King Day, President Day, Veteran's Day, or Day After Thanksgiving, helshe shall be granted another day offwith his/her pay in lieu thereof as soon thereafter as the convenience of the department pennits, or he/she shall be paid on a straight time basis for such hours worked, in addition to his/her regulu holiday pay. If an employee other than a participating employee emitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, helshe shatt 6e recompensed for work done on this day by being granted compensaiory time on a time and one-half basis or by being paid oa a time and one-half basis for such hours worked, in addition to his/her regular holiday pay. Eligibility for Holiday pay shall be determined in accordance with Section I, Subsection I of the St. Paul Salary Plan and Rates of Compensation. � 12 �g,�o�7 L� r� LJ ARTICLE 18 - DISCIPLINARY PROCEDURES 18.1 18.2 The Employer shall have the right to impose disciplinary actions on employees for just cause. L� Disciplinary actions by the Employer shall include only the following actions: 18.2(i) Oral reprimand 182(2) Written reprimand 18.2(3) Suspension 182(4} Demotion 18.2(5) Discharge 183 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Boazd of Review. T'he Civil Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotioq or discharge. No appeal of a suspension, demotion, or discharge shall be considered a"grievance" for the purpose of processing through the provisions of Article 24 (GRIEVAI3CE PROCEDI3RE). ARTICLE 19 - ABSENCES FROM WORK 19.1 Employees who are unable to report for their normal work day.have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning ofsuch work day. 142 Failure to make such notificarion may be grounds for discipline as provided in Article 18 (DISCIPLINARY PROCEDURES). 193 Failure to report for work without notification for three (3) consecutive normal work days may be considered a"quit" by the Employer on the part of the employee. 13 ARTICLE 20 - SEIVIORITY 20.1 Seniority, for the putposes of tlus Agreement, shall be defined as follows: 20.1(1) "Master Seniority" - The length of continuous regular and probationary service with the Employer from the last date of employmern in any and all class tifles covered by this Agreeme�. 20.1(2) "Class Seniority" - The length of comuwous regular and probationary service with the Employer from ttte date aa employee was Srst appointed to a class title covered by tlus Agreement. 20.2 Seniority shall not accumulate during an unpaid leave of absence, �cept when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointmeat to the unclassified service of the Employer or to an elected or appoiated full-time position with the Union. 20.3 Senioriry shall temunate when an employee rietires, resigns, or is discharged. C� 20.4 In the eveni it is detemvned by the Employer that it is necessary to reduce the work force employees will be laid off by ciass title within each Department based on inverse length of "Class Seniority." Employees laid off shalt have the right to reinstatement in their • Department to any previously held lower-paid class title in ttus bargaining unit provided, employee has greater "Ctass Seniority" than the employee being dispiaced. 20.5 In the event it is determined by t6e Employer that it is necessary to reduce the number of Plumbing Inspectors in the Fire Depamnent, employees wilt be laid off in i�erse order of their "Class Seniority." However, employees being laid offwho were appointed to the tide of Plumbing Insgector prior to July 1, 1985 and transferred to the F'ue Department shall have the righi to displace Piumbing Inspectors in the Department of Community Services provided the employee has greater "Gass Seniority" than the employee being displaced. 20.6 The selection of vacation periods shall be made by class title based on length of "Class Seniority," subject to the approval of the Employer. • �4 R q�o�1 � • • ARTICLE 21- JURISDICTION Zl.l Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject to determination by the various unions representing employees of the Empioyer. 21.2 The Employer agrees to be guided in the assignmern ofwork jurisdiction by any mutuai Ageements between the unions involved. 213 In the evern of a dispute conceming the performance or as�ignmem 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. 21.4 Any employee refusing to perfortn work assigned by the Employer and as clarified by Sections 21.2 and 21.3 above shall be subject to disciplinary action as provided in Article 18 (DISCIPLINARY PROCEDURES). 21.5 There shall be no work stoppage, slow down, or any disruprion of work resulting from a work assignment. ARTICLE 22 - SEPARATION 22.1 Employees having a probationary or regulaz employment status shall be considered separated from employment based on the following actions: 22.1(1) 22.1(2) 22.1(3) 22.1(4) Resignation. Employees zesigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignarion. Retirement As provided in Article 16 (SEVERANCE PAI�. Discharge. As pmvided in Article 18 (DISCIPLINARY PROCEDURES). Failure to Report for Duty. As provided in Articie 19 (ABSENCES FROM WORK). 22.2 Empioyees having a temporary or provisional emp3oyment status may be terminated at the discretion of the Employer before t}se completion of a normal work day. 15 ARTICLE 23 - TOOLS 23.1 All employees shall personally provide themselves with the tools of the uade as listed in APPendix B. ARTICLE 24 - GRIEVANCE PROCEDURE 24.1 The Employer shall rec;ognize the Steward selected in accordance with Union rules and regulations as the grievance representarive of the bargaining unit. The Union shall notify the Employer in writing of the name of the Stewazd and of hislher successor when so named. 242 It is recognized and accepted by the Employer and the Union that the processing of greevances as hereinatier provided is limited by the job duries and respons�'bilities of ihe 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 dettimental to the work programs of the Employer. � 243 The procedure established by this articie shall be the sole and exclusive procedure, except • for the appeal of disciplinary action as provided by 18.3, for the.processing of grievances, which aze defined as an alleged violation of the terms and conditions of this Agreement. 24.4 Grievances shatl be resoived in conformance with the following procedure: Siep 2. Upon ihe occurreace of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the infomial discussion it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on wlrich it is based, the sileged section(s) ofthe Ageement violated, and the relief requested. Any alteged violation of the Agreement not reduced to writing by the Uaion within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or withiu the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. • 36 q�-Iai� ' ARTICLE 24 - GRIEVANCE PROCEDURE (Continued) • Step 2. Within seven (7) calendar days after receiving the written grievance a designated Employer supervisor shall meet with the Union Steward and attempt to resolve the grievance. I� as a resutt of this meeting, the gtievance remains unresalved, the Employer shall reply in writing to the Union within three (3) calendar days following tiris meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employe�s written answer. Any grievance not refeaed in writing by the i3nion within seven ('� calendar days following receipt of the Employer's answer shall be considered waived. Step 3. Within seven (� calendar days following receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or his/her designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the Employer shall reply in writing to the Union stating the Employer's answer conceming the grievance. I� as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven ('7} calendaz days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresoived, the Union may within seven (� calendar • days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arhitrafion proceeilings shall be conducted by an arbitrator to be selected by mutual Agreement of the Emipioyer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agee upon an arbitrator within the said seven ('7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5) arbivators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strilce the first (Ist) name; the Employer shall then strike one (I) name. The process will be repeated and the remaining person shall be the arbitrator. 24.5 The arbitrator shall have no right to amend, modify, nuliify, ignore, add tq or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Empioyer and the Union and shall have no suthority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in wriring within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an e�rtension. The decision shall be based sotely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the • grievance presemed. T'he decision of the arbitrator shail be finai and binding on the Employer, the Union and the employees. 17 ARTICLE 24 - GRIEVANCE PROCEDURE (Continaed) • 24.6 The fees and expenses for the arbitrator's services and proceedings shall be bome equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause sucfi a record to be made providing it pays for the record. 24.7 The time liants in each step of this procedure may be extended by mutuai Agreemem of the Employer and the Union. ARTICLE 25 - RIGHT OF SUBCONTRACT 25.1 The Empioyer may, at any time during the duration of t3ris Agreement, conttact out work done by the employees covered by this Agreement. In the event that such wrnracting would result in a reduction of the work force covered by this Agreement, the Employer shall give the Uaion a ninety (9�) calendar day noYice of the intention to sub-contract. 25.2 The sub-contracting of work done by the employees covered by this Agreement shall in all cases be made only to Employers who qualify in accordance with Ordinance No. 14013. ARTICLE 26 - NON-DISCRIlIIINATION 26.1 The tem�s and condirions of this Agreement will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sea�, age, or because of inemberstrip or non-membership in the Union. 262 Employees will perform their duties and responsbilities in a non-discriminatory manner as such duties and responsibilities u►volve other employees and the general puhlic, ARTICLE 27 - SEYERABILTTY 27.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative, or judiciai suthority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shatl continue in fulI force and effect. 27.2 The parties agree to, upon written notice, erner into negoriations to place the voided provisions of the Agreement in compliance with the legislative, administrative, or judicial deternvnation. � LJ • 1s qq�l�il ��zcLE Zs - w�x • 28.1 The Employer and the Union ackaowledge that during the meeting and negotiating which resulted in this Ageement, 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 afrer the exercise of this right are fully and completely set forth in this Agreement. 282 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 azry term or conditions of employment whether specifically covered or not specifically covered by ttris Agreement. The Union and Employer may, however, arutually agree to modify any provision of tlris Agreement. 28.3 Any and all prior ordinances, Agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Ageement, aze hereby superseded. ARTICLE 29 - CTTY MII.EAGE 29.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and • employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 29.2 Method of Computation: To be eligibie for such reimbursement, all officers and employees must receive written authorization &om the Departmem Head. Type 1: If an empioyee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall 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 position. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such empioyee is required to drive an automobile during employment and the department head or designated representative detetmines that an Employer vehicie is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per arile driven and shall not be eligible for any per diem. Type 2: If an employee is required to use lris/her own automobile REGULARLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reunbursed $.20 per mile for each mile actually driven. • 19 ARTICLE 29 - CTTY MII.EAGE (Continued) If such employee is required to drive an sutomobile during employment and the department head or designated representative determines that an Employer vehicle is available for the employee's use but the employee desires to use his/her own automobiie, then tfie employee shail be reimbursed at the rate of $.20 per mile driven and shal] not be eygible for any per diem. 29.3 The City will provide parldng at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their personal car available for City business. Such parking witl be provided only for the days the employee is required to have his or her own personal car available. 29.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automob�le reimbursement, which regulations and ruIes shal2 contain the requiremenY that recipiems shall file daily reports indicating miles driven aad shall file monthly affidavits stating the number of days worked and the mimber of miles drive� and further require that they maintain sutomobile liabiliry insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for property damage, or Iiability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These niles and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. ARTTCLE 30 - SAFETY 30.1 Accident and injury free operatioas shall be the goai of the EmpIoyer and Employees. To this end the Employer and employees will, to the best of their ability abide by, and live up to the requirements of the several State and Federal Construction Safety Codes and Regularions. 30.2 To this end the Emptoyer shatt from time to time issae cules or notices to }us Emptoyees regazding on the job safety requirements. Any Employee violating such niles or notices shall be subject to disciplinary action. No Empioyee may be discharged for refusing to work under unsafe conditions. 303 Such safety eqvipmem as required by governmentat regulations, shall be provided withoui cost to the Employee. At the Employe�s option, the Emptoyees may be required to sign for safety equipment and shall be obligated to retunt same upon discharge, layo$ quit or other termination in compazable condition as when issued, providing reasonable wear and tear. The Employer shatt have the right to withhold the cost of such safety equipment if not retumed. � • C� 20 a q,/D17 • ARTICLE 30 - SAFETY (Cantinued) 30.4 The EMPLOYER agrees to pay $30.00 toward the cost of a pair of safety shoes purchased by an employee who is a member of t}ns unit. The E2vvIPLOYER shall only cornnbute toward the cast of one pair of shoes per contract year. This reimbursement of $30.00 shall be made only after investigation and approval by the immediate supervisor of the employee. This $30.00 EMPLOYER coirtn'bution shall apply oniy to those employees who are required by the Empioyer to wear protective shoes or boots. ARTICLE 31- LEGAL 5ERVICES 31.1 Except in cases of malfeasance in office or willful or wanton negiect of duty, or indifference to rights of others, the Employer shalt defend, save harmless and indemtrify employee against tort claim ar demand whether groundless or otherwise arising out of alleged acts or omission occurring in the performance or scope of the employee's duties. 31.2 Notwithstanding the provisions of Section 31.1 the Employer shall not be required to defend or indemnify any employee against personal liability, or damages, costs or �pense (a) resulting from a claim, suit, verdict, Snding, determination or judgment that the employee has committed an intentional tort or torts, including but not limited to slander, libe3 andfor other defamatory harms; or (b) arising out of cross claims, cournerclaims, affirmative defenses and/or sepazate actions brought against such employee in response to • or resulting from cisims, allegations, demands or actions (whether or not litigation was actually commenced) brought, made or instituted by such employee. 31.3 Notwithstanding the provisions of section 31.1 or 31.2, the Employer may at its sole discretion defend an employee against allegations, claims, demands or actions wholly or in part based on or arising out of claimed intenrional torts, and in such cases, the employee consents to the extent lawfully pemfltted to such representation without regazd to actual or potential conflicts of interest. 31.4 Each employee, within 20 days after receiving notice of (1) a tort ciaim or demand, action, suit or proceeding against himfher, (2) a judgment, verdict, finding or determination, either ofwhich arises out of alleged or found acks or omissions occurring in the performance or scope of the employee's duties, shall notify the City by giving written notice thereof to the Office of the City Clerk. ARTICLE 3Z - VACATION 32.1 Participating employees, as described in Article 12.3, are required to take at least ten (10) unpaid vacation days. � 21 ARTICLE 33 - UNTIFORM ALLOWANCE 33.1 Fire Sprinkler Inspectors and Plumbiag Tnspectors in the Fire Department who are required to wear a speci&ed uniform shall receive a uniform allowance of $425.25 per calendaz year from the Fire Department. ARTICLE 34 - DURATION AND PLEDGE 34.1 Unless otherwise specifically stated elsewhere herein, this Agreement is effective the date of sigaing by the Employer aad Yhe Union and shall remain ia effect through the 30th day of April, 2002, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in Article 34.2. 34.2 If either parry desires to temtinate or modify this Agreemeat, effective as of the date of expiration, the parry wishing to modify or terminate the Agreement shall give written notice to the other party, not more than ninety (90) or less than sixty (6�) calendar days prior to the e�cpiration date, provided, that the Agreement may onty be so terminated or modified effective as of the expiration date. � 343 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the GRIEVANCE PROCEDURE herein established is the means by which grievances conceming its application or interpretation may be peacefiilty . resolved, the parties hereby pledge that during the term of the A,greement; 343(i) The Union and the employees will not engage in, instigate, or condone any concerted action in wtrich employees fait to report for duty, wittfully absent themselves from work, stog worl� slow down the'u work, or absent themselves in whole or part from the fiill, faithfui performance of their duties of employment. 343(2) The Employer wi21 not engage in, instigate, or condone aay tock-out of employees. 343(3) This constitutes a tentative Agreement between the parties which will be recommended by the Director af Labor Retations, but is subject to the approval of the Administration of the City, and is also subject to ratification by the Union. � 22 qq,1o�� . u ARTICLE 34 - DURATION AND PLEDGE (Continued} AGREED and attested to as the full and complete understanding of the patties for the period of time herein specified by the signature of the foliowing representative for the Employer and the Union: WITNESSES: CITY OF SAINT PAUL � 1��--� Tersy Haltiner Labor Relations Manager ! ° — r - -� r ` t � Date iJNITED ASSOCIATION OF PLUMBERS LOCAL 34 _13��,.�3' .� Robert Schwartzbauer Business Manager L� �/ � / 9 c1 Date � SPRINKLER FITTERS LOCAL 417 ames Kelze rg c �,� President �G/�/1� Date �� 21 c�q,�ol � � APPENDIX A The classes of positions recognized by the Employer as being exclusively represented by the Union aze as follows: Lead Plumber Plumber Senior Plumbing Inspector Plumbing Inspector Plumbing Inspector—Water Department Sprinkler Fitter 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. • � A1 c�q_�o�� • APPENDIX B 6' Folding rule i APPENDIX C • 1. The basic hourly wage rate for temporary and emergency employees appointed to the following classes of posirions shall be: Effective 05l08J99 $26.92* $29.27* $29.27* $2927* $30.27* Plumber Lead Plutnber Plumbing Inspector Plumbing Inspector -Water Utility Senior Plumbing Inspector * This rate includes the$3.14 talcable vacarion contribution. Apprentice qq,io t�1 0- 6 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50% of Plumber rate 7-12 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55% of Plumber rate 13-18 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60% ofPlumber rate 19-24 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65% of Plumber rate 25-30 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70% of Plumber rate 31-36 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75% ofPlumber rate 37-42 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80% ofPlumber rate 43-48 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85% of Plumber rate 49-54 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90% of Plumber rate 55-60 months . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95% of Plumber rate . The basic hourly rate for temporary employees whose length of employcnent and earnings require that they be subject to Public Employees Retirement Association (PERA) contributions shall be the temporary rate divided by 1.0448. This amount shall increase to 1.0518 on 7anuary 1, 1998 and is subject to futher increase or decrease by the State of Minnesota. 2. The basic hourly wage rate for provisional, regulaz and probationary employees appointed to the following classes of positions and not receiving the fringe benefits listed in Article 122 sha11 be: Plumber I,ead Plumber Plumbing Inspector Plumbing Inspector - Water Utility 5enior Plumbing Inspector Effective 05J08199 $23.73* $25.80* $25.80* $25.80'� $2b.68* * Effective January 1, 1998, this rate includes a t�able vacation contribution. In additioq notwithstanding Article 32, a calculation has been made to allow for 72 hours of paid holidays and 80 hours of paid vacation per fiscal year. Vacation carry over shall be • paid in accordance with Section I H of the Saint Paul Saiary Plan and Rates of Compensation. Vacation must be approved by the Head of the Department. C1 APPENDIX c (Continued) • Effective May 1, 2000 (or closest payroll period), there will be an additional $1.61 per hour increase added to the total package. The parties will agree prior to that date regarding the distriburion of the $1.61 between wages and fiinges. T'his amount will be decreased by any increase in the Industry Fund. There will also be a$0.10 per hour increase in the Forman Rate. Effective May 1, 2001 (or closest payroll period), there will be an additional $1.65 per hour increase added to the total package. The parties will agree prior to that date regarding the distriburion ofthe $1.65 between wages and fringes. Tlris amount will be decreased by any increase in the Industry Fund. There will also be a$0.10 per hour increase in the Forman Raxe. 3. The basic hourly wage rate for regulaz employees apponrted to the following classes of positions who are receiving the fringe benefits listed in Article 12.2 shall be: Plumbing Inspector Senior Plumbing Inspector Effective OS/08/99 $29.13 $29.96 �R�E°�� • If the Union elects to have the contributions listed in Appendis D increased or decreased, the Employer may adjust the above applicable rates for participating employees in such a way that the total cost of the package (wage rate plus contributions) remains constaiit. In the event Local 34 and any plumbing contractor affiliated or not affiliated with Twin Cities Piping Industry Associarion and doing business in the seven county metropolitan area agree to a total commercial package different from the above total commercial package such differences shall be immediately applicable to the total compensation paid to employees covered by this Agreement. The State of M'innesota has changed the Public Employees Retirement Association (PERA) contribution rates for employers and employees to 5.18% effective Ql101198. This rate is subject to increase or decrease by the State of Minnesota. C� C2 : _, . �n �, � �q.�o►� Unless specifically noted, the contriburion levels represent pre-ta�f amounts. Effective OS/08/99, � for participating employees worldng in a tide listed under the heading, Group A, in Appendix A, the Employer shall: (i) contribute to a Union designated GYedit Union $3.14 per hour, for wtuch payroll deducrions have been made, for all hours worked by participating employees, as defined in Articles 12.3, 12.4 and 12.5 of tlus Agreement. (2) contribute to a Health and Welfare Fund $3.28 per how for all houts worked by participating employees, as defined above. (3) contribute to the Pension Funds $4.88 per hour for all hours worked by participating employees, as defined above. (4) contribute to the Journeyman and Apprenticeship Training Fund $0.19 per hour for all hours worked by participating employees, as defined above. (5) contribute to the International Training Fund $0.05 per how for all hours worked by participating employees, as defined above. The Employer will not make the above contn'butions for Holidays or vacation. • All contributions made in accordance with this Append'vs D shall be forwazded to the Twin City Pipe Traders Service Association. The Employer shall establish Workers Compensation and Unemployment Compensation programs as required by IvTinnesota Stamtes. The Employer's fringe benefit obligation to participating employees as defined in Articles 123, 12.4 and 12.5 is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. � D1 APPENDIX E • WORI�NG CONDTITONS FOR SENIOR PLUMBING INSPECTORS AND PLUMBING INSPECTORS As a result of the 1974 settlement, the Parties have established craft-determined rates for Senior Plumbing Inspectors and for Plumbing Inspectors, with the specific understanding that such Agreement is restricted to established rates of pay for such classifications. It is, consequently, agreed that the Bmployer in applying Article 3(EMPLOYER RIGHTS) of the Maintenance Labor Agreement, shall have the right to operate the Department in the same manner as heretofore, with management rights unaffected, and that the establishment of separate rates for these classifications as well as for Inspector classifications in other Bargaining Units, may not result in disputes over assignments or over rates of pay for work performed, nor will any jurisdicrional claims or restrictions be asserted by the Union because members of various Inspector classifications are assigned to work wMch is also performed by other Inspector classifications. � • qq-fati1 E1 • .�� .n � Effective Effective Effective Effective 06/Ol/99** Ol/O1/00** 06/Ol/00** 06/Ol/Ol** • � 2. The basic hourly wage rate for temporary and employees appointed to the following classification shall be : Gq.io►1 Fire Spiinkler Inspector $28.42* $28.37* $29.92 $31.62 * This rate includes the $.50 taxable vacarion contribution ** or closest payroll date. The basic hourly wage rate for provisional, regular and probationary employees appointed to the following classification shall be: Fire Sprinkler Inspector Effective 06/Ol/99** $27.02* Effective Effective Effective Ol/Ol/00** 06/O1/00** 06/01101** $26.97* $28.45* $30.06* * This rate includes the $.50 taxable vacation contribution ** or closest payroll date. The State of Minnesota has changed the Public Employees Retirement Association (PERA) contribution rates for employers and employees. The current rate for applicable employees is 5.18°/a. This rate is subject to further increase or decrease by the State of Minnesota. F1 APPENDIX G Unless specifically noted, the contriburion levels represent pre-tax amounts. Effective 06/01/99 • (or closest payroll date), for employees worldng in the title of Fire Sprinkier Inspector, the Employer shall: (1) contribute to a Health and R'elfare Fund $3.40 per hour for all hours worked. (2) contribute to the National Pension Fund $230 per hour for all hours worked. qc�,�o�� (3) contribute to the 5upplemental Pension Fund $4.40 per hour for all hours worked. Effective 06/01/00 (or ciosest payroll date) tttis will increase to $4.70. Effective 06/01/01 (or closest payroll date) this will increase to $5.00. (4) contribute to the Education Fund $.16 per hour for all hours worked. (5) deduct and forward to the Vacation Fuud $.50 per hour for all hours worked. (6) contribute to the Building Fund $21 per hour for all hours worked. (7) contribute to the �ntemational Training Fund $.OS per hour for all hours worked. All contriburions and deductions made in accordance with this Appendix G shall be forwarded to the parties designated by the Union. • The Employer shall establish Worker's Compensation and Unemployment Compensation programs as required by M'innesota Statutes. The Employer's fringe benefit obligation is ]imited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded the contributions and/or deductions. l J G1