99-1087o�������.
Presented
Refened To
Committee Date
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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 Sheet
Metal Workers Internationai Association Local 10.
Requested by Deparnnent of:
Office of Labor Relations
BY: �,.�I.���-
Adoption Certified by Council Secretary
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RESOLUTION
OF SAINT PAUL, MINNESOTA
coun�ii File # qq — l0 t�t
Green Sheet # 08908
lI
Adopted by Council: Date �e-�c . �`� t ��Q �
Form Ap ed by.�iTy A o ey
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By: � �X / �—
DEPARTMENT/OFFICE/COUNCIL: DATE INiTTATED GREEN SHEET 1vo.: os9os '
LABOR RELATiONS flctober 26,1999 9�t: �!�`'j
CONTACI' PERSON & PHONE: i� L�777aLNwTE uvt77ec�pAlg
JULIE KRAUS 266-6513 ,�IGx 1 DEPARTMENT D A , ` �' � a crrY covrrca,
iVUMgER 2 C1TY ATTORNEY /�K�f� CiTY CLERK
MUST BE ON COUNCII, AGENDA BY (DATE� FOR BUDOEf DII2. ��,C�� � FJN. & MGT. SERVICE DIIL
ROUTING 3MAYOR(ORASST.)�tA" YI _
ORDER ��-�„_
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL I.00ATIONS FOR SIGNA7URE)
acriox xEQvESrEn: This resolufion appmves the attached May 1, 1999 thru Apri130, 2002 Maintenance Labor
Agreement between the City of Saint Paul and Sheet Metal Workers International Association Loca110.
RECObA4ENDAITONS: Approve (A) or Reject (R) PERSONAI. SERVICE CONIBACI'S MUST ANSR'ER 1'HE FOI.LOWING
QUES7TONS:
PI.ANNING COMMISSION _CIVII, SERVICE COMbIISSION 1. Has this person/Etm evrr wocked �mder a convact for this depaztmrnt?
CIB COMIvIITTEE Yes No
STAF£ 2. Has this person/fvm ever been a city employce?
DISTRICT CAURT Yes No
SUPPORTS WI-IICH COUNCIL OBJECTIVE? 3. Dces this person/firm possess a skill not nom�ally possessed by any curnnt city employee?
Yes No
Eaplain all yes snswers oa separate sheet and attach to green sheet
A'ITIATING PROBI,EM, ISStiE, OPPORTUNITY (Who, Wha4 W6en, Where, Why):
ADVANPAGES IF AYPROVED: �
DLSADVANTAGES IF APPROVED.
DISADVANTAGES IF NOT APPROVED:
TOTAL AMOi11VT OF TRANSACITON: COST/REVENUE BUDGETED:
FY7NDINGSOURCE: ACfIVITYN[IMBER: �a��R3EL �`23�,�--'?"C�' {as='°P�
FINANCIAL INFORMATTON: (EXPLAINI Q G i Si Q` €���
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ATTACFIlVIENT TO TFiE GREEN SHEET
SHEET METAL WORKERS INTERNATIONAL ASSOCIATION LOCAL 10
Below is a summary of the changes in the collective bargainiug agreement between the City of
Saint Paul and the Sheet Metal Workers Tnternational Association Local 10. The new agreement
is for the period of May 1, 1999 through April 30, 2002.
Waees
The City agreed to the prevailing wage rate.
LaneuaQe
Changes to the language were basically of a housekeeping nature for clarification and clean up.
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ARTICLE TITLE
Preamble
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PAGE
...
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1 pilL�)OSe. " • " ..............................................1
2 Recognition ................................................1
3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
4 Union Rights ...............................................2
5 Scope of Agreement ..........................................2
6 Probationary Periods .........................................2
7 Philosophy of Employment and Compensation . . . . . . . . . . . . . . . . . . . . . 3
8 Hoursof Work ..............................................3
9 Overtime ..................................................4
10 Ca11In/CallBack ............................................5
i l Work Location, Residency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
12 Wages .....................................................5
13 Fringe Benefit ..............................................6
14 Selection of Lead Sheet MetaI Worker . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
15 Holidays ...................................................6
16 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
17 AbsencesFrom Work ........................................8
18 Seniority ...................................................8
19 Jurisdiction .................................................9
20 Sepazation .................................................9
21 Tools ....................................................10
22 Grievance Procedure ........................................10
23 Rightof Subcontract ........................................12
24 Non-Discrimination .........................................12
25 Severability ...............................................13
26 Waiver ...................................................13
27 City Mileage Plan ..........................................13
28 Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Appendix .............................................. A1
Appendix B .............................................. BI
Appendix C .............................................. C1
Appendix .............................................. D1
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PREAMBLE
This Agreement is entered into between the City of Saint Paul, hereinafter
refened to as the Employer and the Sheet Metal Workers International Association Local 10
hereinafter refeaed 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 City, the Union, and the individual employees will
best serve the needs of the general pubiic.
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ARTICLE 1- PURFOSE
• 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to:
i.l (1) Achieve orderly and peaceful relations, thereby establishing a
system of uninterrupted opentions and the highest levei of
employee performance that is consistent with the safety and
well-being of all concezned;
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
Linion;
1.1(3) Establish procedures to orderly and peacefully resoive disputes as
to the application or interpretation of this Agreement without loss
of productivity.
1.2 The Employer and the Union agree that this Agreement serves as a supplement to
legislation that creates and directs the Employer. If any part of ttvs Agreement is in
conflict with such legislation, the latter shall prevail. The parties, on written notice, agree
to negotiate that part in conflict so that it conforms to the statute as provided by Article
25 (SEVERABILI'TI').
• ARTICLE 2 - RECOGNITION
2.1 The Empioyer recognizes the Union as the exclusive representative for collecuve
bargaining purposes for all personnel having an employment status of regulaz,
probarionary, provisional, and temporary employed in the classes of positions defined in
Appendix A as certified by the Bureau of Mediation Services in accordance with Case
No. 73-PR-513-A dated May I5,1973.
ARTICLE 3 - EMPLOYER RIGATS
3.1 The Employer retains the right to operate and manage all personnel, facilities, and
equipment; to establish functions and programs; to set and amend budgets; to determine
the utilization of technology; to establish and modify the organizational structure; to
select, direct, and detennine the number of personnel; and to perform any inherent
managerial function not specifically limited by this Agreement.
3.2 Any "term or condition of employment" not established by this Agreement shall remain
with the Employer to eliminate, modify, or establish following written notificafion to the
Union.
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ARTICLE 4 - ITNION RIGHTS
4.1 The Employer shall deduct &om the wages of employees who authorize such a deduction .
in writing an amount necessary to cover monthly Union dues. Such monies deducted
shall be remitted as directed by the Union.
4.1(1) The Employer shall not deduct dues from the wages of employees
covered by tlus Agreement for azty other labor organization.
4.1(2) The Union shall indemnify and save harmless the Employer from
any and all claims or charges made against the Employer as a resuit
of the implementation of this Article.
4.2 The Union may designate one (1) employee from the bargaining unit to act as a Stewazd
and shall inform the Employer in writing of such designation. Such employee shall have
the rights and responsibilities as desigiated in Article 22 (GItIEVANCE PROCEDURE).
43 Upon notification to a designated Employer supervisor, the Business Manager of the
Union, or fiis designated representative shall be permitted to enter the facilities of the
Employer where employees covered by this Agreement aze working.
ARTICLE 5- SCOPE OF THE AGREEMENT
5.1 This Agreement establishes the "terms and conditions of employmenY' defined by M.S. •
179.63, Subd.18 for all employees exclusively represented by the Union. This Agreement
shail supersede such "terms and conditions of emgloymenY' established by Civil Service
Rule, Council Ordinance, and Council Resolution.
ARTICLE 6 - PROBATIONARY PERIODS
6.1 All personnel, originally lured or rehired following separation, in a regulaz employment
status shafl serve a six (6) month probationary period during which time the employee's
fitness and ability to perform the position's duties and responsibilities shall be evaluated.
6.1(1) At any time during the probationary period an employee may be
terminated at the discretion of the Employer without appeal to the
provisions of Article 22 (GRIEVANCE PROCEDURE).
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� ARTICLE 6 - PROBATIONARY PERIODS (Continued)
6.1(2) An employee terminated during the probationary period shall
receive a written notice of the reason(s) for such temunation, a
copy of which shall be sent to the Union.
6.2 All personnel promoted to a higher class shall serve a six month promotional
probationary period during wlrich time the employee's fimess and ability to perform the
position's duties and responsibilities shall be evaluated.
6.2(1) At any time during the promotional probationary period an
employee may be demoted to the employee's previously held ciass
at the diseretion of the Employer without appeal to the provisions
of Article 22 (GRIEVANCE PROCEDURE).
6.2(2) An employee demoted during the promotional probarionazy period
shall receive a written notice of the reasons for demotion, a copy of
which shall be sent to the Union, and the employee shall be
returned to his/her previously held class.
ARTICLE 7- PHILOSOPHY OF EMPLOYMENT AND
• COMPENSATION
7.1 The Employer and the Union aze in full ageement that the philosophy of employment
and compensadon shall be a"cash" hourly wage and "industry" fringe benefit system.
7.2 The Employer shail compensate employees for ali hours worked at the hasic houriy wage
rate an hourly fringe benefit rate as found in Articles 12 (WAGES) and 13 (FRINGE
BENEFITS).
73 No other compensation or fringe benefit shall be accumulated or earned by an employee
except as specifically provided for in this Agreement.
ARTICLE 8- HOUR5 OF WORK
8.1 The normal work day shall be eight (S) consecutive hours per day, excluding a thirty (30)
minute unpaid lunch period between �:00 am. and 7:00 p.m.
8.2 The normal work week shall be five (5) consecutive normal work days.
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ARTICLE 8- HOURS OF WORK (ConYinued)
83 This section shall not be construed as, and is not a guazantee of, any hours of work per •
normal work day or per nermal work week.
8.4 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 estabtished work day unless otherwise directed by their supervisor.
8.5 All employees are subject to call-back by the Employer as provided by Article 10 (CALL
IN/CALL BACK).
8.6 Empioyees reporting for work at the established starting time and for whom no work is
available shall receive pay for two (2) hours, at the basic hourly nte, unless notification
has been given not to report for work prior to leaving home, or during the previous work
day.
ARTICLE 9 - OVERTIME
9.1 At2 overtime compensated for by the Emptoyer must receive prior authorization from a
designated Employer supervisor. No overtime work claim will be honored for payment
or credit unless approved in advance. An overtime claim will not be honored, even
though shown on the time card, unless the required advance approvai has been obtained. �
9.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work
performed under the following circumstances:
9.2(1) Tune worked in excess of eight (8) hours in any one normal work day
and
9.2(2) Time worked on a sixth (6th) day following a normal work week.
93 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed
under the following circumstances:
93(1) Time worked on a holiday as defined ia Article 15 (FiOLIDAYS);
93(2) Time worked on a seventh (7th) day following a normal work
week; and
93(3) Time worked in excess oftweive (12) consecutive hours in a
twenty-four (24) hour period, pmvided, that all "emergency" work
required by "Acts of God" shalt be compensated at tke rate of one
and one-half (1.5).
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ARTICLE 9 - OVERTIME (Continned)
� 9.4 For the piuposes of calculating overtime compensation overtime hours worked shall not
be "pyramided", compounded, or paid twice for the same hours worked.
9.5 Overtime hours worked as provided by this Article shall be paid in cash or in
compensatory time as determined 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 normal work day or normal work week and after an employee has completed a
normal work day or normal work week.
10.2 Employees called in or called back shall receive a minimum of four (4) hours straight
time pay at the basic hourly rate or shall be compensated in accordance with Article 9
(OVERTIME), when applicable, wluchever is greater.
10.2(1) Notwithstanding Article 10.2, employees called in
four (4) hours or less prior to their norn►al work day
shall complete the normal work day and be
� compensated only for the overtime hours worked in
accordance with Article 9 (OVERTIME).
ARTICLE 11- WORK LOCATION, RESIDENCY
1 i.l Employees shall report to work location as assigned by a designated Employer
supervisor. During the normal work day employees may be assigned to other work
locations at the diseretion of the Employer.
11.2 The resolution pertaining to residency approved July 26, 1979, under Council File No.
273378 shall apply to all employees covered by this Agreement.
ARTICLE 12 - WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours
worked by an employee.
12.2 Provisional and temporary employees shall be compensated in accordance with Article
12.1 (WAGES) and have fringe benefit contributions and/or deductions made in their
behalf as provided for by Article 13 (FRINGE BENEFITS).
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ARTICLE 13 - FRINGE BENEFITS
13.1 The EmpIoyer shalt make contributions on behatf of and/or make deductions from the •
wages of employees covered by this Agreement in accordance with Appendix D far all
hours worked.
13.2 Provisional, probafionary aad regular emptoyees shall be eligible for a paid holiday for
Labor Day, the first Monday in September in accordance with the Saint Paul Salary Plan
and Rates of Compensation.
ARTICLE 14 - SELECTION OF LEAD SHEET METAL WORKER
14.1 T'he selecdou of personnel for the class Lead Sheet Metal Worker shall remain solely
with the Employer.
14.2 The class Lead Sheet Metal Worker shall be filled by employees of the bargainutg unit on
a "temporary assignment".
143 All "temporary assigiments" shatl be made onty at the direction of a designated
Employer supervisor.
14.4 Such "temporary assignments" shatl be made only in cases where the position is vacant •
for more than one {1) normal work day.
ARTICIlE 15 - HOLIDAYS
15.1 The following ten (10) days shall be designated as holidays:
New Yeaz's Day, January 1
Martin Luther King Day, Third Monday in January
Presidents' Day, Third Monday in February
Memorial Day, last Monday in May
Independence Day, JuIy 4
Labor Day, first Monday in September
Veterans' Day, November 11
Thanksgiving Day, fourth Thursday in November
Day After Thanksgiving, fourth Friday in November
Christmas Day, December 25
15.2 When New Year's Day, Independence Day or Cluisimas Day falis on a Sunday, the
following Monday shall be considered the designated holiday. VJhen any of these three
(3) holidays falls on a Saturday, the precedittg Friday shall be considered the designated
hotiday.
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. ARTICLE 15 - HOLIDAYS (Continned)
153 The ten (10) holidays shall be considered non-work days.
15.4 If, in the judgment of the Employer, personnel aze necessary for operating or emergency
reasons, employees may be scheduled, "called in" or "called back" in accordance with
Article 10 (CALL IN/CALL BACK).
15.5 Employees assigned to work on Martin Luther King Day, Presidents' Day, Veterans' Day
or the Day After Thanksgiving shall be compensated on a straight time basis for such
hours worked.
15.6 Employees assigned to work on New Year's Day, Memoriai Day, Independence Day,
Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the
basic hourly rate for such hours worked.
15.? Employees working on Labor Day shall be recompensed for work done on this day by
being granted compensatory time on a time and one-half basis or by being paid on a time
and one-half basis for such hours worked, in addition to the employee's regulaz holiday
pay.
• ARTICLE 16 - DISCIPLINARY PROCEDURES
16.1 The Employer shall have the right to impose discipiinary actions on employees for just
cause.
16.2 Disciplinary actions by the Employer shall include only the following actions:
16.2(1) Oralreprimand
16.2(2 ) Written reprimand
16.2(3) Suspension
16.2(4) Demotion
16.2(5) Discharge
16.3 Employees who aze suspended, demoted, or discharged shall have the right to request that
such actions be reviewed by the Civil Service Commission or a designated Boazd of
Review. The Civil Service Commission, or a designated Board of Review, shall be the
sole and exclusive means of reviewing a suspension, demotion, 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 22 (GRIEVANCE PROCEDURE).
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ARTICLE 17 - ABSENCES FROM WORK
17.I Employees who are unable to report for their nornial work day have the responsibility to •
notify their supervisor of such absence as soon as possible, but in no event later than tiie
beginning of such work day.
17.2 Faifure to make such notification may be grounds for discipline as provided in Article 16
(DISCIPLINARY PROCEDURES).
173 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 ttie empIoyee.
ARTICLE 18 - SE1vIORITY
18.1 Seniority, for the purposes of this Agreement, shall be defined as follows:
18.1(1) "Master Seniority" - the length of coatinuous
regulaz and probationazy service with the Employer
from the last date of employment in any and all
ctass tides covered by ttus Agreement.
18.1(2) "Class Seniority" - the length of continuous regulaz
and probationazy service with the Employer from �
the date an emgloyee was first appointed to a class
tifle covered by tlus Agreement.
18.2 Seniority shaSl not accumulate during an unpaid Ieave of absence, except when such a
leave is granled for a period of less than thirty (30) calendar days; is granted because of
illness or injury; is granted to allow an employee to accept an appointment to the
unclassified service of the Employer or to an elected or appointed full-time position with
the Union.
183 Seniority shall terminate when an employee retires, resigns, or is discharged.
18.4 In the event it is detemuned by the Empioyer that it is necessary to reduce the work force
employees will be laid off by class title within each Deparhnent based on inverse length
of "Class Seniority." EmpIoyees laid off shall have the right to reinstatement in any
Iower-paid class ti�te provided, empIoyee has greater "Master Seniority" than tfie
employee being replaced.
18.5 The selection of vacation periods shall be made by class title based on length of "Class
Seniority", subject to the approval of the Employer.
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ARTICLE 19 - NRISDICTION
• 19.1 Disputes conceming work jurisdiction between and among unions is recognized as an
appropriate subject for determination by the various unions representing employees of the
Employer.
19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual
agreements between the unions involved.
193 In the event of a dispute conceming the performance or assignment of work, the unions
involved and the Employer shall meet as soon as mutually possible to resolve the dispute.
Nothing in the foregoing shall resirict the right of the Employer to accomplish the work
as originally assigned pending resolution of the dispute or to res�ict the Employer's basic
right to assign work.
19.4 Any employee refusing to perform work assigned by the Employer and as clarified by
Sections 19.2 and 193 above shall be subject to discipiinary action as provided in Article
16 (DISCIPLINARY PROCEDURES).
19.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a
work assignment.
� ARTICLE 20 - SEPARATION
20.1 Employees having a probationazy or regulaz employment status sha11 be considered
sepazated from employment based on the following actions:
20.1(1) Resignation. Employeesresigningfrom
employment shall give written norice fourteen (14)
calendar days prior to the effective date of the
resignarion.
20.1(2) Discharge. As provided in Article 16.
20.1(3) Failure to Report for Duty. As provided in
Articie 17.
20.2 Employees having a temporary, or provisional employment status may be terminated at
the discretion of the Employer before the completion of a normal work day.
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ARTICLE 21- TOOLS
21.1 All employees shall personally provide themselves with the toois of the trade as listed in •
Appendix B.
ARTICLE 22 - GRIEVANCE PROCEDURE
22.1 The Employer shall recognize the Stewatd selected in accordance with Union rules attd
regulations as the grievance representative of the bargaining unit The Union shall notify
tt►e Employer in writing of the name of the Steward and of Ius/her successor when so
named.
22.2 It is recognized and accepted by the Employer and the Union that the processing of
grievances as hereinafter provided is Iimited by the job duties and responsibilities of the
employees and shall therefore be accomp�ished during working hours only whea
consistent with such employee duties and responsibilities. The Stewazd involved and a
grieving employee shall suffer no loss in pay when a grievance is processed during
working flours, provided, the Stewazd and tfie empIoyee fiave notified and received the
approval of their supervisor to be absent to process a grievance and that such absence
would not be detrimental to the work progams of the Employer.
223 The procedure established by this Article shatl be the sole and exclusive procedure,
except for the appeal of disciplinary action as provided by Article 163, for the processing
of grievances, which aze defined as an alleged vi olation of the terms and conditions of •
this Agreement
22.4 Cmevances shall be resolved in conformance with the following procedure:
Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee
involved shall attempt to resolve the matter on an informat basis with the
empioyee's supervisor. If the matter is not resolved to the employee's
satisfaction by the informal discussion it may be rednced to writing and
referred to Step 2 by the Union. The written grievance shall set forth the
nature of the grievance, the facts on which it is based, the alleged section(s) of
the Agreement violated, and the refief requested. Any alleged violation of the
Agreement not reduced to writing by the Union within seven (� calendaz days
of the first occurrence of the event giving rise to the grievance or within the
use of reasonable diligence should have had imowledge of the first occurrence
of the event giving rise to the grievance, shatl be considered waived.
Step 2. Within seven ('n calendar days after receiving the written grievance a
designated Empioyer supervisor shall meet with the Union Stewazd and
attempt to resolve the grievance. If, as a result of this meeting, the grievance
remains unresolved, the Employer shall reply in writing to the Union within
three (3) calendar days following this meeting. The Union may refer the
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� ARTICLE 22 - GRIEVANCE PROCEDURE (Continued)
grievance in writing to Step 3 within seven (7} calendar
days following receipt of the Employer's written answer. Any grievance not
refeaed in writing by the Union within seven (� calendar days following
receipt of the Employer's answer shall be considered waived.
Step 3. Within seven ('n calendar days following receipt of a grievance referred from
Step 2 a designated Employer supervisor shall meet with the Union Business
Manager or his designated representative and attempt to resoive the grievance.
Within seven (7) calendar days following ttus meeting the Employer shall
reply in writing to the Union stating the Employer's answer concerning the
grievance. If, as a result of the written response the grievance remains
unresolved, the Union may refer the grievance to Step 4. Any grievance not
referred in writing by the Union to Step 4 within seven (7) calendar days
following receipt of the Employer's answer shall be considered waived.
Step 4. If the grievance remains unresolved, the Union may within seven (7) calendaz
days after the response of the Employer in Step 3, by written notice to the
Employer, request azbitration of the grievance. The azbitration proceedings
shall be conducted by an azbitrator to be selected by mutual agreement of the
Employer and the Union within seven ("n calendaz days after notice has been
• given. If the parties fail to mutually agree upon an azbitrator within the said
seven (7) day period, either party may request the Public Employment
Relarions Boazd to submit a panel of five (5) azbitrators. Both the Employer
and the Union shall have the right to strike two (2) names from the panel. The
Union shall strike the first (lst) name; the Employer shall then strike one (1)
name. The process will be repeated and the remaining person shail be the
azbitrator.
22.5 The arbitrator shall have no right to amend, modify, nuilify, ignore, add to, or subtract
from the provisions of this Agreement. The azbitrator shall consider and decide only the
specific issue submitted in writing by the Employer and the Union and shall have no
authority to make a decision on any other issue not so submitted. The azbitrator 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. T'he azbitrator's decision shall be submitted in writing within thirty (34} days
following close of the hearing or the submission of briefs by the parties, whichever be
later, unless the parties agree to an extension. 'I'he decision shall be based solely on the
arbitrator's interpretation or appiication of the express terms of flris Agreement and to the
facts of the grievance presented. The decision of the arbitrator shall be final and binding
on the Employer, the Union, and the employees.
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ARTICLE 22 - GRIEVANCE PROCEDURE (Confinued}
22.6 The fees and expenses for the azbitrator's services and proceedings shall be borne eqvally �
by the Employer and the Union, provided that each party shall be responsible for
compensating its own representative and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made providing it pays for the
record.
22.7 The dme limits in each step of this procedure may be extended by mutual agreement of
the Employer and the Union.
ARTICLE 23 - RIGAT OF SUBCONTRACT
23.1 The Employer may, at any time during the duration of this Agreement, contract out work
done by the employees covered by this Agreement. In the event that such contracting
would resutt in a reduction of the work force covered by this Agreement, the Employer
shali give the Union a ninety (90) calendar day notice of the intention to subcontract
23.2 The subcontracting of work done by the employees covered by this Agreement shall in all
cases be made only to employers who quatify in accordance with Ordinance No. 14013.
ARTICLE 24 - NON-DISCRIlVIINATION
24.1 The terms and condirions of this Agreement will be app�ied to employees equally without
regazd to, or discrim;nation for or against, any individual because of race, color, creed,
sex, age, or because of inembership or non-membership in the Union.
24.2 Employees will perform their duties and responsibilities in a non-discriminatory manner
as such duties and responsibilities involve other employees and the general public.
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ARTICLE 25 - SEVERABILITY
� 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by
proper legislative, administrative, or judicial authority from whose finding,
determination, or decree no appeal is taken, such provision(s) shall be voided. All other
provisions shall continue in full force and effec�
25.2 The parties agree to, upon written notice, enter into negotiations to place the voided
provisions of the Agreement in compliance with the legislative, administrative, or judicial
determinarion.
ARTICLE 26 - WAIVER
26.1 The Employer and the Union acknowledge that during the meering and negotiating which
resulted in this Agreement, each had the right and opportunity to make proposals wlth
respect to any subject concerning the terms and conditions of employment. The
agreements and understandings reached by the parties after the exercise of this right aze
fully and completely set forth in this Agreement.
26.2 Therefore, the Employer and the Union for the duration of ttris Agreement agree that the
other party shall not be obligated to meet and negotiate over any term or canditions of
� employment whether specifically covered or not specifically covered by this Agreement.
The Union and Employer may, however, mutually agree to modify any provision of this
Agreement.
263 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or
regularions regazding the terms and conditions o£ employment, to the extent they aze
inconsistent with this Agreement, aze hereby superseded.
ARTICLE Z7 - CITY MILEAGE
27.1 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 aze adopted.
27.2 Method of Computation: To be eligible for such reimbursement, all officers and
employees must receive written authorization from the Department Head.
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ARTICLE 27 - CITY MILEAGE (Continued)
Type 1. If an employee is required to use lus/her own automobile OCCASIONALLY �
during employment, the employee shall be reimbursed at the rate of $4.00 per day for
eack day the employee's vehic2e is actually vsed in performing the duties of the
employee's posidon. In addition, the employee shall be reimbursed $0.20 per mile for
each mile actually driven,
If such employee is required to drive aa automobile diuing employment and the
department head or designated representative determines that an employer vehicle is
available for the empioyee's use but the employee desires to use his/her own automobile,
then the employee shai2 be reimbtused at che rate of $0.20 per mile driven and shaII not
be eligible for any per diem.
Type 2. If an employee is required to use lus/her own automobile REGi3LARLY during
employment, the employee shall be reimbursed at the rate of $4.00 per day for each day
of work. In addition, the employee shall be reimbursed $0.20 per mile for each mile
actually dtiven.
If such employee is reqvired to drive aa automobile during empioyment aad the
department head or designated representative determines that an employer vehicle is
available for the employee's use but the employee desires to use his/her own automobile,
then tfie emptoyee sfiatI be reimbvrsed at tfie rate of $0.20 per mile driven and shaIl not
be eligible for any per diem. `
27.3 The City will provide pazking at the Civic Center Pazking Ramp for City employees on
either of the above menrioned types of reimbursement plans who aze required to have
their personal caz available for City business. Such parking will be provided only for the
days the employee is required to have his or her own personal car available.
27.4 Rules and Regulations: The Mayor shai2 adopt rules and regulations goveming the
procedures for automobile reimbursement, wluch regulations and rutes shall contain the
requirement that recipients shall file daily reports indicating miles driven and shall file
monthly �davits stating the number of days worked and tfie number of mites driven,
and further require that they maintain automobile liabiliry insurance in amounts of not
less than $100,000/$300,000 for personal injury, and $25,000 for property damage, or
liability inc„rance in amounts not less than $300,000 single Limit coverage, with the City
of Saint Paul named as an additional insured. These rules and reguiations, together with
the amendments thereto, shall be maintained on file with the City Cierk.
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ARTICLE 28 - DURATION AND PLEDGE
28.1 This Ageement shall become effective as of May 1, 1999, except as specifically provided
otherwise in this Agreement, and shall remain in effect through the 30th day of April
2002, and continue in effect from year to year thereafter unless notice to given to change
or to temunate this ageement.
28.2 If either party desires to terminate or modify this Agreement, effective as of the date of
expiration, the party wishing to modify or terminate the Agreement shall give written
notice to the other party, not more than ninety (90) or less than sixry (60) calendar days
prior to the expiration date, provided, that the Ageement may only be so terminated or
modified effective as of the expiration date.
283 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 peacefuily
resolved, the parties hereby pledge that during the term of the Agreement:
28.3(1) The Union and the employees will not engage in, instigate, or condone any
concerted action in which employees fail to report for dury, willfully absent
themselves from work, stop work, slow down their work, or absent themselves
in whole or part from the full, faithful performance of their duties of
employment.
283(2) The Employer will not engage in, instigate, or condone any lock-out of
employees.
28.3(3) This constitutes a tentative ageement between the parties which will be
recommended by the Director of Iabor Relations, but is subject to the
approval of the Administration of the City, the City Council and is also subject
to ratification by the Association.
Agreed to this �_ day of October, 1999 and attested to as the full and complete
understanding of the parties for the period of time herein specified by the signature of the
following representative for the Employer and the Association:
FOR'THE CTfY OF ST. PAUL
� � ���
Terry altiner
Labor Relations Manager
SHEET METAI. WORKERS
INTERNATIONAL ASSOCIATION, LOCAL
10 /� /� _
Beaulieu
iess Manager
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APPENDIX A
• The ciasses recognized by the Employer as being exclusively represented by the Union
aze as follows:
Senior Mechanical Inspector-Sheet Metat
Lead Sheet Metal Worker
Sheet Metal Worker
Apprentice
Sheet MetalInspector;
•
and other classes that may be established by the Employer where the duties and responsibilities
assigned come within the jurisdiction of the Union.
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• APPENDIX B
Tool Box
Whitney, Small
Crescent Wrench or set of Open End Wrenches
Center Punches
Hacksaw Frame
Chisels
Small Hand Tongs
6' Folding Rule
Screw Driver
Scratch Awls
Pliers
Snips, Straight-aviation L and R
Hauimers (Tinners)
• Dolly Baz
Combination Square
Prick Puuch
10' Tape
Dividers
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APPENDIX C
The basic hourly wage rate for temporary employees appointed to the following classes shali be:
Effective
OS/08/99
Sheet Metal Worker
Lead Sheet Metal Worker
Sheet MetalInspector
lst Step
2nd Step
Senior Mechanical
Inspector-Sheet Metal
$28.75*
$30.75*
$29.75*
$30.75*
$31.75*
The basic houriy wage rates for temporary employees whose length of service and earnings
require that they be subject ta Public Employees Retirement Associafion (PERA) contributions
shall be the temporary rate divided by 1.0518 effective January 1, 1998. This rate is subject to
further increase or decrease by the State of Minnesota.
The basic houtly wage rate for provisional, regular, and probationary employees appointed to the
following classes shall be:
Effective
OS/08/99
Sheet Metal Worker
Lead Sheet Metal Worker
Sheet Metal Inspector
lst Step
2nd Step
Senior Mechanical
Inspector-Sheet Metal
$2430**
$25.99**
$25.14**
$25.99**
$26.83�*
Effective May 1, 2000 (or closest payroll period), there will be an additional $1.71 per hour
increase added to the totai package. The parties wili agree prior to that date regazding the
distribution of the $1.71 between wages and fringes. This amount will be decreased by any
increase in industry funds.
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APPENDIX C (Continued)
• Effective May 1, 2001 (or closest payroll period), there wili be an additional $1.75 per hour
increase added to the total package. The parties will agree prior to that date regazd'ang the
distribution of the $1.75 between wages and fringes. T4us amount will be decreased by any
increase in industry funds.
•
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APPENDIX C (Continued)
• * This rate includes the $2.10 ta7cable Credit Union deduction and the $.25 taYable Youth to
Youth Fund deduction.
** Effective Anril 26. 1997, this rate includes the above taxable deductions in addition to 72
hours of paid holidays and 160 hours of paid vacation per fiscal year. V acation cazry
over shall be paid in accordance with Section I H of the Saiut Paul Salary Plan and Rates
of Compensation. Vacation must be approved by the Head of the Department.
After appearing on the payroll for 1040 hours in the first step, an employee in the Sheet Metal
Inspector classification may be granted a wage increase to the second step.
If the Union elects to have the contributions listed in Appendix D increased or decreased, the
Employer may adjust the above applicable rates for participating employees in such a way that
the total cost of the package (wage rate plus contributions) remains constant.
•
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APPENDTX D
� Effective May 8, 1999, the Employer shall:
(1) contribute to a Welfare Fund $2.96 per hour for all hours worked by participating
employees as defined in Articles 123, 12.4 and 12.5 of this Agreement.
(2) contribute to a Local Pension Fund $1.75 per hour for all houts worked by pazricipating
employees, as defined above.
(3) contribute to a National Pension Fund $1.70 per hour for all hours worked by
participating employees, as defined above.
(4) deduct and forward to a Vacarion Fund $2.10 per hour for all hours worked by
participating employees, as defined above.
(5) contribute to the Journeyman and Apprenticeship Training Fund $0.32 per hour for
all hours worked by participating employees, as defined above.
(6) contribute to the National5cholarship Fund $0.03 per hour for all hours worked by
participating employees, as defined above.
(7) deduct and forwazd to the Youth to Youth Fund $0.25 per hour for a11 hours worked by
� participating employees, as defined above.
The Employer will not make the above contributions for Holidays or vacation.
The above contributions may be increased or decreased as long as the applicable hourly rates in
Appendix C for participating employees are decreased ar increased hy the same total amount.
All contributions and deductions made in accordance with this Appendix shall be forwazded to
depositories as directed by the Union.
The Employer shall establish Workers' Compensa6on and Unemployment Compensation
programs as required by Minnesota Statutes.
The Employer's fringe benefit obligation to employees 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 contribufions and/or deductions.
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MAY 1,1999 = APRIL 30, 2002 -
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MAIlVTENA.NCE LABOR AGREEMEI�TT
- .. _ � � � - tiet�een - _ � � � _ � � " � �
` THE CITY OF SAII�T FAUL
�� ' � � � �
v � � -
�aud - -
, _ SHEET'1VIE'�'AI� �VORI�ERS
INT�RNATIONAL ASSOCIATION` �� }
� IrOCAI:ID , � _
� ` �� � � � � � � -
.�_ _ _ _ � ___ _ , � � �_ . � : _.,
o�������.
Presented
Refened To
Committee Date
i
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 Sheet
Metal Workers Internationai Association Local 10.
Requested by Deparnnent of:
Office of Labor Relations
BY: �,.�I.���-
Adoption Certified by Council Secretary
�
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RESOLUTION
OF SAINT PAUL, MINNESOTA
coun�ii File # qq — l0 t�t
Green Sheet # 08908
lI
Adopted by Council: Date �e-�c . �`� t ��Q �
Form Ap ed by.�iTy A o ey
� //
By: � �X / �—
DEPARTMENT/OFFICE/COUNCIL: DATE INiTTATED GREEN SHEET 1vo.: os9os '
LABOR RELATiONS flctober 26,1999 9�t: �!�`'j
CONTACI' PERSON & PHONE: i� L�777aLNwTE uvt77ec�pAlg
JULIE KRAUS 266-6513 ,�IGx 1 DEPARTMENT D A , ` �' � a crrY covrrca,
iVUMgER 2 C1TY ATTORNEY /�K�f� CiTY CLERK
MUST BE ON COUNCII, AGENDA BY (DATE� FOR BUDOEf DII2. ��,C�� � FJN. & MGT. SERVICE DIIL
ROUTING 3MAYOR(ORASST.)�tA" YI _
ORDER ��-�„_
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL I.00ATIONS FOR SIGNA7URE)
acriox xEQvESrEn: This resolufion appmves the attached May 1, 1999 thru Apri130, 2002 Maintenance Labor
Agreement between the City of Saint Paul and Sheet Metal Workers International Association Loca110.
RECObA4ENDAITONS: Approve (A) or Reject (R) PERSONAI. SERVICE CONIBACI'S MUST ANSR'ER 1'HE FOI.LOWING
QUES7TONS:
PI.ANNING COMMISSION _CIVII, SERVICE COMbIISSION 1. Has this person/Etm evrr wocked �mder a convact for this depaztmrnt?
CIB COMIvIITTEE Yes No
STAF£ 2. Has this person/fvm ever been a city employce?
DISTRICT CAURT Yes No
SUPPORTS WI-IICH COUNCIL OBJECTIVE? 3. Dces this person/firm possess a skill not nom�ally possessed by any curnnt city employee?
Yes No
Eaplain all yes snswers oa separate sheet and attach to green sheet
A'ITIATING PROBI,EM, ISStiE, OPPORTUNITY (Who, Wha4 W6en, Where, Why):
ADVANPAGES IF AYPROVED: �
DLSADVANTAGES IF APPROVED.
DISADVANTAGES IF NOT APPROVED:
TOTAL AMOi11VT OF TRANSACITON: COST/REVENUE BUDGETED:
FY7NDINGSOURCE: ACfIVITYN[IMBER: �a��R3EL �`23�,�--'?"C�' {as='°P�
FINANCIAL INFORMATTON: (EXPLAINI Q G i Si Q` €���
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ATTACFIlVIENT TO TFiE GREEN SHEET
SHEET METAL WORKERS INTERNATIONAL ASSOCIATION LOCAL 10
Below is a summary of the changes in the collective bargainiug agreement between the City of
Saint Paul and the Sheet Metal Workers Tnternational Association Local 10. The new agreement
is for the period of May 1, 1999 through April 30, 2002.
Waees
The City agreed to the prevailing wage rate.
LaneuaQe
Changes to the language were basically of a housekeeping nature for clarification and clean up.
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ARTICLE TITLE
Preamble
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PAGE
...
................................................11l
1 pilL�)OSe. " • " ..............................................1
2 Recognition ................................................1
3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
4 Union Rights ...............................................2
5 Scope of Agreement ..........................................2
6 Probationary Periods .........................................2
7 Philosophy of Employment and Compensation . . . . . . . . . . . . . . . . . . . . . 3
8 Hoursof Work ..............................................3
9 Overtime ..................................................4
10 Ca11In/CallBack ............................................5
i l Work Location, Residency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
12 Wages .....................................................5
13 Fringe Benefit ..............................................6
14 Selection of Lead Sheet MetaI Worker . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
15 Holidays ...................................................6
16 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
17 AbsencesFrom Work ........................................8
18 Seniority ...................................................8
19 Jurisdiction .................................................9
20 Sepazation .................................................9
21 Tools ....................................................10
22 Grievance Procedure ........................................10
23 Rightof Subcontract ........................................12
24 Non-Discrimination .........................................12
25 Severability ...............................................13
26 Waiver ...................................................13
27 City Mileage Plan ..........................................13
28 Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Appendix .............................................. A1
Appendix B .............................................. BI
Appendix C .............................................. C1
Appendix .............................................. D1
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PREAMBLE
This Agreement is entered into between the City of Saint Paul, hereinafter
refened to as the Employer and the Sheet Metal Workers International Association Local 10
hereinafter refeaed 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 City, the Union, and the individual employees will
best serve the needs of the general pubiic.
• iii
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ARTICLE 1- PURFOSE
• 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to:
i.l (1) Achieve orderly and peaceful relations, thereby establishing a
system of uninterrupted opentions and the highest levei of
employee performance that is consistent with the safety and
well-being of all concezned;
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
Linion;
1.1(3) Establish procedures to orderly and peacefully resoive disputes as
to the application or interpretation of this Agreement without loss
of productivity.
1.2 The Employer and the Union agree that this Agreement serves as a supplement to
legislation that creates and directs the Employer. If any part of ttvs Agreement is in
conflict with such legislation, the latter shall prevail. The parties, on written notice, agree
to negotiate that part in conflict so that it conforms to the statute as provided by Article
25 (SEVERABILI'TI').
• ARTICLE 2 - RECOGNITION
2.1 The Empioyer recognizes the Union as the exclusive representative for collecuve
bargaining purposes for all personnel having an employment status of regulaz,
probarionary, provisional, and temporary employed in the classes of positions defined in
Appendix A as certified by the Bureau of Mediation Services in accordance with Case
No. 73-PR-513-A dated May I5,1973.
ARTICLE 3 - EMPLOYER RIGATS
3.1 The Employer retains the right to operate and manage all personnel, facilities, and
equipment; to establish functions and programs; to set and amend budgets; to determine
the utilization of technology; to establish and modify the organizational structure; to
select, direct, and detennine the number of personnel; and to perform any inherent
managerial function not specifically limited by this Agreement.
3.2 Any "term or condition of employment" not established by this Agreement shall remain
with the Employer to eliminate, modify, or establish following written notificafion to the
Union.
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ARTICLE 4 - ITNION RIGHTS
4.1 The Employer shall deduct &om the wages of employees who authorize such a deduction .
in writing an amount necessary to cover monthly Union dues. Such monies deducted
shall be remitted as directed by the Union.
4.1(1) The Employer shall not deduct dues from the wages of employees
covered by tlus Agreement for azty other labor organization.
4.1(2) The Union shall indemnify and save harmless the Employer from
any and all claims or charges made against the Employer as a resuit
of the implementation of this Article.
4.2 The Union may designate one (1) employee from the bargaining unit to act as a Stewazd
and shall inform the Employer in writing of such designation. Such employee shall have
the rights and responsibilities as desigiated in Article 22 (GItIEVANCE PROCEDURE).
43 Upon notification to a designated Employer supervisor, the Business Manager of the
Union, or fiis designated representative shall be permitted to enter the facilities of the
Employer where employees covered by this Agreement aze working.
ARTICLE 5- SCOPE OF THE AGREEMENT
5.1 This Agreement establishes the "terms and conditions of employmenY' defined by M.S. •
179.63, Subd.18 for all employees exclusively represented by the Union. This Agreement
shail supersede such "terms and conditions of emgloymenY' established by Civil Service
Rule, Council Ordinance, and Council Resolution.
ARTICLE 6 - PROBATIONARY PERIODS
6.1 All personnel, originally lured or rehired following separation, in a regulaz employment
status shafl serve a six (6) month probationary period during which time the employee's
fitness and ability to perform the position's duties and responsibilities shall be evaluated.
6.1(1) At any time during the probationary period an employee may be
terminated at the discretion of the Employer without appeal to the
provisions of Article 22 (GRIEVANCE PROCEDURE).
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� ARTICLE 6 - PROBATIONARY PERIODS (Continued)
6.1(2) An employee terminated during the probationary period shall
receive a written notice of the reason(s) for such temunation, a
copy of which shall be sent to the Union.
6.2 All personnel promoted to a higher class shall serve a six month promotional
probationary period during wlrich time the employee's fimess and ability to perform the
position's duties and responsibilities shall be evaluated.
6.2(1) At any time during the promotional probationary period an
employee may be demoted to the employee's previously held ciass
at the diseretion of the Employer without appeal to the provisions
of Article 22 (GRIEVANCE PROCEDURE).
6.2(2) An employee demoted during the promotional probarionazy period
shall receive a written notice of the reasons for demotion, a copy of
which shall be sent to the Union, and the employee shall be
returned to his/her previously held class.
ARTICLE 7- PHILOSOPHY OF EMPLOYMENT AND
• COMPENSATION
7.1 The Employer and the Union aze in full ageement that the philosophy of employment
and compensadon shall be a"cash" hourly wage and "industry" fringe benefit system.
7.2 The Employer shail compensate employees for ali hours worked at the hasic houriy wage
rate an hourly fringe benefit rate as found in Articles 12 (WAGES) and 13 (FRINGE
BENEFITS).
73 No other compensation or fringe benefit shall be accumulated or earned by an employee
except as specifically provided for in this Agreement.
ARTICLE 8- HOUR5 OF WORK
8.1 The normal work day shall be eight (S) consecutive hours per day, excluding a thirty (30)
minute unpaid lunch period between �:00 am. and 7:00 p.m.
8.2 The normal work week shall be five (5) consecutive normal work days.
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ARTICLE 8- HOURS OF WORK (ConYinued)
83 This section shall not be construed as, and is not a guazantee of, any hours of work per •
normal work day or per nermal work week.
8.4 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 estabtished work day unless otherwise directed by their supervisor.
8.5 All employees are subject to call-back by the Employer as provided by Article 10 (CALL
IN/CALL BACK).
8.6 Empioyees reporting for work at the established starting time and for whom no work is
available shall receive pay for two (2) hours, at the basic hourly nte, unless notification
has been given not to report for work prior to leaving home, or during the previous work
day.
ARTICLE 9 - OVERTIME
9.1 At2 overtime compensated for by the Emptoyer must receive prior authorization from a
designated Employer supervisor. No overtime work claim will be honored for payment
or credit unless approved in advance. An overtime claim will not be honored, even
though shown on the time card, unless the required advance approvai has been obtained. �
9.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work
performed under the following circumstances:
9.2(1) Tune worked in excess of eight (8) hours in any one normal work day
and
9.2(2) Time worked on a sixth (6th) day following a normal work week.
93 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed
under the following circumstances:
93(1) Time worked on a holiday as defined ia Article 15 (FiOLIDAYS);
93(2) Time worked on a seventh (7th) day following a normal work
week; and
93(3) Time worked in excess oftweive (12) consecutive hours in a
twenty-four (24) hour period, pmvided, that all "emergency" work
required by "Acts of God" shalt be compensated at tke rate of one
and one-half (1.5).
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ARTICLE 9 - OVERTIME (Continned)
� 9.4 For the piuposes of calculating overtime compensation overtime hours worked shall not
be "pyramided", compounded, or paid twice for the same hours worked.
9.5 Overtime hours worked as provided by this Article shall be paid in cash or in
compensatory time as determined 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 normal work day or normal work week and after an employee has completed a
normal work day or normal work week.
10.2 Employees called in or called back shall receive a minimum of four (4) hours straight
time pay at the basic hourly rate or shall be compensated in accordance with Article 9
(OVERTIME), when applicable, wluchever is greater.
10.2(1) Notwithstanding Article 10.2, employees called in
four (4) hours or less prior to their norn►al work day
shall complete the normal work day and be
� compensated only for the overtime hours worked in
accordance with Article 9 (OVERTIME).
ARTICLE 11- WORK LOCATION, RESIDENCY
1 i.l Employees shall report to work location as assigned by a designated Employer
supervisor. During the normal work day employees may be assigned to other work
locations at the diseretion of the Employer.
11.2 The resolution pertaining to residency approved July 26, 1979, under Council File No.
273378 shall apply to all employees covered by this Agreement.
ARTICLE 12 - WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours
worked by an employee.
12.2 Provisional and temporary employees shall be compensated in accordance with Article
12.1 (WAGES) and have fringe benefit contributions and/or deductions made in their
behalf as provided for by Article 13 (FRINGE BENEFITS).
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ARTICLE 13 - FRINGE BENEFITS
13.1 The EmpIoyer shalt make contributions on behatf of and/or make deductions from the •
wages of employees covered by this Agreement in accordance with Appendix D far all
hours worked.
13.2 Provisional, probafionary aad regular emptoyees shall be eligible for a paid holiday for
Labor Day, the first Monday in September in accordance with the Saint Paul Salary Plan
and Rates of Compensation.
ARTICLE 14 - SELECTION OF LEAD SHEET METAL WORKER
14.1 T'he selecdou of personnel for the class Lead Sheet Metal Worker shall remain solely
with the Employer.
14.2 The class Lead Sheet Metal Worker shall be filled by employees of the bargainutg unit on
a "temporary assignment".
143 All "temporary assigiments" shatl be made onty at the direction of a designated
Employer supervisor.
14.4 Such "temporary assignments" shatl be made only in cases where the position is vacant •
for more than one {1) normal work day.
ARTICIlE 15 - HOLIDAYS
15.1 The following ten (10) days shall be designated as holidays:
New Yeaz's Day, January 1
Martin Luther King Day, Third Monday in January
Presidents' Day, Third Monday in February
Memorial Day, last Monday in May
Independence Day, JuIy 4
Labor Day, first Monday in September
Veterans' Day, November 11
Thanksgiving Day, fourth Thursday in November
Day After Thanksgiving, fourth Friday in November
Christmas Day, December 25
15.2 When New Year's Day, Independence Day or Cluisimas Day falis on a Sunday, the
following Monday shall be considered the designated holiday. VJhen any of these three
(3) holidays falls on a Saturday, the precedittg Friday shall be considered the designated
hotiday.
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. ARTICLE 15 - HOLIDAYS (Continned)
153 The ten (10) holidays shall be considered non-work days.
15.4 If, in the judgment of the Employer, personnel aze necessary for operating or emergency
reasons, employees may be scheduled, "called in" or "called back" in accordance with
Article 10 (CALL IN/CALL BACK).
15.5 Employees assigned to work on Martin Luther King Day, Presidents' Day, Veterans' Day
or the Day After Thanksgiving shall be compensated on a straight time basis for such
hours worked.
15.6 Employees assigned to work on New Year's Day, Memoriai Day, Independence Day,
Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the
basic hourly rate for such hours worked.
15.? Employees working on Labor Day shall be recompensed for work done on this day by
being granted compensatory time on a time and one-half basis or by being paid on a time
and one-half basis for such hours worked, in addition to the employee's regulaz holiday
pay.
• ARTICLE 16 - DISCIPLINARY PROCEDURES
16.1 The Employer shall have the right to impose discipiinary actions on employees for just
cause.
16.2 Disciplinary actions by the Employer shall include only the following actions:
16.2(1) Oralreprimand
16.2(2 ) Written reprimand
16.2(3) Suspension
16.2(4) Demotion
16.2(5) Discharge
16.3 Employees who aze suspended, demoted, or discharged shall have the right to request that
such actions be reviewed by the Civil Service Commission or a designated Boazd of
Review. The Civil Service Commission, or a designated Board of Review, shall be the
sole and exclusive means of reviewing a suspension, demotion, 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 22 (GRIEVANCE PROCEDURE).
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ARTICLE 17 - ABSENCES FROM WORK
17.I Employees who are unable to report for their nornial work day have the responsibility to •
notify their supervisor of such absence as soon as possible, but in no event later than tiie
beginning of such work day.
17.2 Faifure to make such notification may be grounds for discipline as provided in Article 16
(DISCIPLINARY PROCEDURES).
173 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 ttie empIoyee.
ARTICLE 18 - SE1vIORITY
18.1 Seniority, for the purposes of this Agreement, shall be defined as follows:
18.1(1) "Master Seniority" - the length of coatinuous
regulaz and probationazy service with the Employer
from the last date of employment in any and all
ctass tides covered by ttus Agreement.
18.1(2) "Class Seniority" - the length of continuous regulaz
and probationazy service with the Employer from �
the date an emgloyee was first appointed to a class
tifle covered by tlus Agreement.
18.2 Seniority shaSl not accumulate during an unpaid Ieave of absence, except when such a
leave is granled for a period of less than thirty (30) calendar days; is granted because of
illness or injury; is granted to allow an employee to accept an appointment to the
unclassified service of the Employer or to an elected or appointed full-time position with
the Union.
183 Seniority shall terminate when an employee retires, resigns, or is discharged.
18.4 In the event it is detemuned by the Empioyer that it is necessary to reduce the work force
employees will be laid off by class title within each Deparhnent based on inverse length
of "Class Seniority." EmpIoyees laid off shall have the right to reinstatement in any
Iower-paid class ti�te provided, empIoyee has greater "Master Seniority" than tfie
employee being replaced.
18.5 The selection of vacation periods shall be made by class title based on length of "Class
Seniority", subject to the approval of the Employer.
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ARTICLE 19 - NRISDICTION
• 19.1 Disputes conceming work jurisdiction between and among unions is recognized as an
appropriate subject for determination by the various unions representing employees of the
Employer.
19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual
agreements between the unions involved.
193 In the event of a dispute conceming the performance or assignment of work, the unions
involved and the Employer shall meet as soon as mutually possible to resolve the dispute.
Nothing in the foregoing shall resirict the right of the Employer to accomplish the work
as originally assigned pending resolution of the dispute or to res�ict the Employer's basic
right to assign work.
19.4 Any employee refusing to perform work assigned by the Employer and as clarified by
Sections 19.2 and 193 above shall be subject to discipiinary action as provided in Article
16 (DISCIPLINARY PROCEDURES).
19.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a
work assignment.
� ARTICLE 20 - SEPARATION
20.1 Employees having a probationazy or regulaz employment status sha11 be considered
sepazated from employment based on the following actions:
20.1(1) Resignation. Employeesresigningfrom
employment shall give written norice fourteen (14)
calendar days prior to the effective date of the
resignarion.
20.1(2) Discharge. As provided in Article 16.
20.1(3) Failure to Report for Duty. As provided in
Articie 17.
20.2 Employees having a temporary, or provisional employment status may be terminated at
the discretion of the Employer before the completion of a normal work day.
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ARTICLE 21- TOOLS
21.1 All employees shall personally provide themselves with the toois of the trade as listed in •
Appendix B.
ARTICLE 22 - GRIEVANCE PROCEDURE
22.1 The Employer shall recognize the Stewatd selected in accordance with Union rules attd
regulations as the grievance representative of the bargaining unit The Union shall notify
tt►e Employer in writing of the name of the Steward and of Ius/her successor when so
named.
22.2 It is recognized and accepted by the Employer and the Union that the processing of
grievances as hereinafter provided is Iimited by the job duties and responsibilities of the
employees and shall therefore be accomp�ished during working hours only whea
consistent with such employee duties and responsibilities. The Stewazd involved and a
grieving employee shall suffer no loss in pay when a grievance is processed during
working flours, provided, the Stewazd and tfie empIoyee fiave notified and received the
approval of their supervisor to be absent to process a grievance and that such absence
would not be detrimental to the work progams of the Employer.
223 The procedure established by this Article shatl be the sole and exclusive procedure,
except for the appeal of disciplinary action as provided by Article 163, for the processing
of grievances, which aze defined as an alleged vi olation of the terms and conditions of •
this Agreement
22.4 Cmevances shall be resolved in conformance with the following procedure:
Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee
involved shall attempt to resolve the matter on an informat basis with the
empioyee's supervisor. If the matter is not resolved to the employee's
satisfaction by the informal discussion it may be rednced to writing and
referred to Step 2 by the Union. The written grievance shall set forth the
nature of the grievance, the facts on which it is based, the alleged section(s) of
the Agreement violated, and the refief requested. Any alleged violation of the
Agreement not reduced to writing by the Union within seven (� calendaz days
of the first occurrence of the event giving rise to the grievance or within the
use of reasonable diligence should have had imowledge of the first occurrence
of the event giving rise to the grievance, shatl be considered waived.
Step 2. Within seven ('n calendar days after receiving the written grievance a
designated Empioyer supervisor shall meet with the Union Stewazd and
attempt to resolve the grievance. If, as a result of this meeting, the grievance
remains unresolved, the Employer shall reply in writing to the Union within
three (3) calendar days following this meeting. The Union may refer the
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� ARTICLE 22 - GRIEVANCE PROCEDURE (Continued)
grievance in writing to Step 3 within seven (7} calendar
days following receipt of the Employer's written answer. Any grievance not
refeaed in writing by the Union within seven (� calendar days following
receipt of the Employer's answer shall be considered waived.
Step 3. Within seven ('n calendar days following receipt of a grievance referred from
Step 2 a designated Employer supervisor shall meet with the Union Business
Manager or his designated representative and attempt to resoive the grievance.
Within seven (7) calendar days following ttus meeting the Employer shall
reply in writing to the Union stating the Employer's answer concerning the
grievance. If, as a result of the written response the grievance remains
unresolved, the Union may refer the grievance to Step 4. Any grievance not
referred in writing by the Union to Step 4 within seven (7) calendar days
following receipt of the Employer's answer shall be considered waived.
Step 4. If the grievance remains unresolved, the Union may within seven (7) calendaz
days after the response of the Employer in Step 3, by written notice to the
Employer, request azbitration of the grievance. The azbitration proceedings
shall be conducted by an azbitrator to be selected by mutual agreement of the
Employer and the Union within seven ("n calendaz days after notice has been
• given. If the parties fail to mutually agree upon an azbitrator within the said
seven (7) day period, either party may request the Public Employment
Relarions Boazd to submit a panel of five (5) azbitrators. Both the Employer
and the Union shall have the right to strike two (2) names from the panel. The
Union shall strike the first (lst) name; the Employer shall then strike one (1)
name. The process will be repeated and the remaining person shail be the
azbitrator.
22.5 The arbitrator shall have no right to amend, modify, nuilify, ignore, add to, or subtract
from the provisions of this Agreement. The azbitrator shall consider and decide only the
specific issue submitted in writing by the Employer and the Union and shall have no
authority to make a decision on any other issue not so submitted. The azbitrator 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. T'he azbitrator's decision shall be submitted in writing within thirty (34} days
following close of the hearing or the submission of briefs by the parties, whichever be
later, unless the parties agree to an extension. 'I'he decision shall be based solely on the
arbitrator's interpretation or appiication of the express terms of flris Agreement and to the
facts of the grievance presented. The decision of the arbitrator shall be final and binding
on the Employer, the Union, and the employees.
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ARTICLE 22 - GRIEVANCE PROCEDURE (Confinued}
22.6 The fees and expenses for the azbitrator's services and proceedings shall be borne eqvally �
by the Employer and the Union, provided that each party shall be responsible for
compensating its own representative and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made providing it pays for the
record.
22.7 The dme limits in each step of this procedure may be extended by mutual agreement of
the Employer and the Union.
ARTICLE 23 - RIGAT OF SUBCONTRACT
23.1 The Employer may, at any time during the duration of this Agreement, contract out work
done by the employees covered by this Agreement. In the event that such contracting
would resutt in a reduction of the work force covered by this Agreement, the Employer
shali give the Union a ninety (90) calendar day notice of the intention to subcontract
23.2 The subcontracting of work done by the employees covered by this Agreement shall in all
cases be made only to employers who quatify in accordance with Ordinance No. 14013.
ARTICLE 24 - NON-DISCRIlVIINATION
24.1 The terms and condirions of this Agreement will be app�ied to employees equally without
regazd to, or discrim;nation for or against, any individual because of race, color, creed,
sex, age, or because of inembership or non-membership in the Union.
24.2 Employees will perform their duties and responsibilities in a non-discriminatory manner
as such duties and responsibilities involve other employees and the general public.
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ARTICLE 25 - SEVERABILITY
� 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by
proper legislative, administrative, or judicial authority from whose finding,
determination, or decree no appeal is taken, such provision(s) shall be voided. All other
provisions shall continue in full force and effec�
25.2 The parties agree to, upon written notice, enter into negotiations to place the voided
provisions of the Agreement in compliance with the legislative, administrative, or judicial
determinarion.
ARTICLE 26 - WAIVER
26.1 The Employer and the Union acknowledge that during the meering and negotiating which
resulted in this Agreement, each had the right and opportunity to make proposals wlth
respect to any subject concerning the terms and conditions of employment. The
agreements and understandings reached by the parties after the exercise of this right aze
fully and completely set forth in this Agreement.
26.2 Therefore, the Employer and the Union for the duration of ttris Agreement agree that the
other party shall not be obligated to meet and negotiate over any term or canditions of
� employment whether specifically covered or not specifically covered by this Agreement.
The Union and Employer may, however, mutually agree to modify any provision of this
Agreement.
263 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or
regularions regazding the terms and conditions o£ employment, to the extent they aze
inconsistent with this Agreement, aze hereby superseded.
ARTICLE Z7 - CITY MILEAGE
27.1 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 aze adopted.
27.2 Method of Computation: To be eligible for such reimbursement, all officers and
employees must receive written authorization from the Department Head.
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ARTICLE 27 - CITY MILEAGE (Continued)
Type 1. If an employee is required to use lus/her own automobile OCCASIONALLY �
during employment, the employee shall be reimbursed at the rate of $4.00 per day for
eack day the employee's vehic2e is actually vsed in performing the duties of the
employee's posidon. In addition, the employee shall be reimbursed $0.20 per mile for
each mile actually driven,
If such employee is required to drive aa automobile diuing employment and the
department head or designated representative determines that an employer vehicle is
available for the empioyee's use but the employee desires to use his/her own automobile,
then the employee shai2 be reimbtused at che rate of $0.20 per mile driven and shaII not
be eligible for any per diem.
Type 2. If an employee is required to use lus/her own automobile REGi3LARLY during
employment, the employee shall be reimbursed at the rate of $4.00 per day for each day
of work. In addition, the employee shall be reimbursed $0.20 per mile for each mile
actually dtiven.
If such employee is reqvired to drive aa automobile during empioyment aad the
department head or designated representative determines that an employer vehicle is
available for the employee's use but the employee desires to use his/her own automobile,
then tfie emptoyee sfiatI be reimbvrsed at tfie rate of $0.20 per mile driven and shaIl not
be eligible for any per diem. `
27.3 The City will provide pazking at the Civic Center Pazking Ramp for City employees on
either of the above menrioned types of reimbursement plans who aze required to have
their personal caz available for City business. Such parking will be provided only for the
days the employee is required to have his or her own personal car available.
27.4 Rules and Regulations: The Mayor shai2 adopt rules and regulations goveming the
procedures for automobile reimbursement, wluch regulations and rutes shall contain the
requirement that recipients shall file daily reports indicating miles driven and shall file
monthly �davits stating the number of days worked and tfie number of mites driven,
and further require that they maintain automobile liabiliry insurance in amounts of not
less than $100,000/$300,000 for personal injury, and $25,000 for property damage, or
liability inc„rance in amounts not less than $300,000 single Limit coverage, with the City
of Saint Paul named as an additional insured. These rules and reguiations, together with
the amendments thereto, shall be maintained on file with the City Cierk.
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ARTICLE 28 - DURATION AND PLEDGE
28.1 This Ageement shall become effective as of May 1, 1999, except as specifically provided
otherwise in this Agreement, and shall remain in effect through the 30th day of April
2002, and continue in effect from year to year thereafter unless notice to given to change
or to temunate this ageement.
28.2 If either party desires to terminate or modify this Agreement, effective as of the date of
expiration, the party wishing to modify or terminate the Agreement shall give written
notice to the other party, not more than ninety (90) or less than sixry (60) calendar days
prior to the expiration date, provided, that the Ageement may only be so terminated or
modified effective as of the expiration date.
283 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 peacefuily
resolved, the parties hereby pledge that during the term of the Agreement:
28.3(1) The Union and the employees will not engage in, instigate, or condone any
concerted action in which employees fail to report for dury, willfully absent
themselves from work, stop work, slow down their work, or absent themselves
in whole or part from the full, faithful performance of their duties of
employment.
283(2) The Employer will not engage in, instigate, or condone any lock-out of
employees.
28.3(3) This constitutes a tentative ageement between the parties which will be
recommended by the Director of Iabor Relations, but is subject to the
approval of the Administration of the City, the City Council and is also subject
to ratification by the Association.
Agreed to this �_ day of October, 1999 and attested to as the full and complete
understanding of the parties for the period of time herein specified by the signature of the
following representative for the Employer and the Association:
FOR'THE CTfY OF ST. PAUL
� � ���
Terry altiner
Labor Relations Manager
SHEET METAI. WORKERS
INTERNATIONAL ASSOCIATION, LOCAL
10 /� /� _
Beaulieu
iess Manager
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APPENDIX A
• The ciasses recognized by the Employer as being exclusively represented by the Union
aze as follows:
Senior Mechanical Inspector-Sheet Metat
Lead Sheet Metal Worker
Sheet Metal Worker
Apprentice
Sheet MetalInspector;
•
and other classes that may be established by the Employer where the duties and responsibilities
assigned come within the jurisdiction of the Union.
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e
• APPENDIX B
Tool Box
Whitney, Small
Crescent Wrench or set of Open End Wrenches
Center Punches
Hacksaw Frame
Chisels
Small Hand Tongs
6' Folding Rule
Screw Driver
Scratch Awls
Pliers
Snips, Straight-aviation L and R
Hauimers (Tinners)
• Dolly Baz
Combination Square
Prick Puuch
10' Tape
Dividers
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APPENDIX C
The basic hourly wage rate for temporary employees appointed to the following classes shali be:
Effective
OS/08/99
Sheet Metal Worker
Lead Sheet Metal Worker
Sheet MetalInspector
lst Step
2nd Step
Senior Mechanical
Inspector-Sheet Metal
$28.75*
$30.75*
$29.75*
$30.75*
$31.75*
The basic houriy wage rates for temporary employees whose length of service and earnings
require that they be subject ta Public Employees Retirement Associafion (PERA) contributions
shall be the temporary rate divided by 1.0518 effective January 1, 1998. This rate is subject to
further increase or decrease by the State of Minnesota.
The basic houtly wage rate for provisional, regular, and probationary employees appointed to the
following classes shall be:
Effective
OS/08/99
Sheet Metal Worker
Lead Sheet Metal Worker
Sheet Metal Inspector
lst Step
2nd Step
Senior Mechanical
Inspector-Sheet Metal
$2430**
$25.99**
$25.14**
$25.99**
$26.83�*
Effective May 1, 2000 (or closest payroll period), there will be an additional $1.71 per hour
increase added to the totai package. The parties wili agree prior to that date regazding the
distribution of the $1.71 between wages and fringes. This amount will be decreased by any
increase in industry funds.
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APPENDIX C (Continued)
• Effective May 1, 2001 (or closest payroll period), there wili be an additional $1.75 per hour
increase added to the total package. The parties will agree prior to that date regazd'ang the
distribution of the $1.75 between wages and fringes. T4us amount will be decreased by any
increase in industry funds.
•
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APPENDIX C (Continued)
• * This rate includes the $2.10 ta7cable Credit Union deduction and the $.25 taYable Youth to
Youth Fund deduction.
** Effective Anril 26. 1997, this rate includes the above taxable deductions in addition to 72
hours of paid holidays and 160 hours of paid vacation per fiscal year. V acation cazry
over shall be paid in accordance with Section I H of the Saiut Paul Salary Plan and Rates
of Compensation. Vacation must be approved by the Head of the Department.
After appearing on the payroll for 1040 hours in the first step, an employee in the Sheet Metal
Inspector classification may be granted a wage increase to the second step.
If the Union elects to have the contributions listed in Appendix D increased or decreased, the
Employer may adjust the above applicable rates for participating employees in such a way that
the total cost of the package (wage rate plus contributions) remains constant.
•
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APPENDTX D
� Effective May 8, 1999, the Employer shall:
(1) contribute to a Welfare Fund $2.96 per hour for all hours worked by participating
employees as defined in Articles 123, 12.4 and 12.5 of this Agreement.
(2) contribute to a Local Pension Fund $1.75 per hour for all houts worked by pazricipating
employees, as defined above.
(3) contribute to a National Pension Fund $1.70 per hour for all hours worked by
participating employees, as defined above.
(4) deduct and forward to a Vacarion Fund $2.10 per hour for all hours worked by
participating employees, as defined above.
(5) contribute to the Journeyman and Apprenticeship Training Fund $0.32 per hour for
all hours worked by participating employees, as defined above.
(6) contribute to the National5cholarship Fund $0.03 per hour for all hours worked by
participating employees, as defined above.
(7) deduct and forwazd to the Youth to Youth Fund $0.25 per hour for a11 hours worked by
� participating employees, as defined above.
The Employer will not make the above contributions for Holidays or vacation.
The above contributions may be increased or decreased as long as the applicable hourly rates in
Appendix C for participating employees are decreased ar increased hy the same total amount.
All contributions and deductions made in accordance with this Appendix shall be forwazded to
depositories as directed by the Union.
The Employer shall establish Workers' Compensa6on and Unemployment Compensation
programs as required by Minnesota Statutes.
The Employer's fringe benefit obligation to employees 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 contribufions and/or deductions.
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MAY 1,1999 = APRIL 30, 2002 -
,.
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MAIlVTENA.NCE LABOR AGREEMEI�TT
- .. _ � � � - tiet�een - _ � � � _ � � " � �
` THE CITY OF SAII�T FAUL
�� ' � � � �
v � � -
�aud - -
, _ SHEET'1VIE'�'AI� �VORI�ERS
INT�RNATIONAL ASSOCIATION` �� }
� IrOCAI:ID , � _
� ` �� � � � � � � -
.�_ _ _ _ � ___ _ , � � �_ . � : _.,
o�������.
Presented
Refened To
Committee Date
i
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 Sheet
Metal Workers Internationai Association Local 10.
Requested by Deparnnent of:
Office of Labor Relations
BY: �,.�I.���-
Adoption Certified by Council Secretary
�
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RESOLUTION
OF SAINT PAUL, MINNESOTA
coun�ii File # qq — l0 t�t
Green Sheet # 08908
lI
Adopted by Council: Date �e-�c . �`� t ��Q �
Form Ap ed by.�iTy A o ey
� //
By: � �X / �—
DEPARTMENT/OFFICE/COUNCIL: DATE INiTTATED GREEN SHEET 1vo.: os9os '
LABOR RELATiONS flctober 26,1999 9�t: �!�`'j
CONTACI' PERSON & PHONE: i� L�777aLNwTE uvt77ec�pAlg
JULIE KRAUS 266-6513 ,�IGx 1 DEPARTMENT D A , ` �' � a crrY covrrca,
iVUMgER 2 C1TY ATTORNEY /�K�f� CiTY CLERK
MUST BE ON COUNCII, AGENDA BY (DATE� FOR BUDOEf DII2. ��,C�� � FJN. & MGT. SERVICE DIIL
ROUTING 3MAYOR(ORASST.)�tA" YI _
ORDER ��-�„_
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL I.00ATIONS FOR SIGNA7URE)
acriox xEQvESrEn: This resolufion appmves the attached May 1, 1999 thru Apri130, 2002 Maintenance Labor
Agreement between the City of Saint Paul and Sheet Metal Workers International Association Loca110.
RECObA4ENDAITONS: Approve (A) or Reject (R) PERSONAI. SERVICE CONIBACI'S MUST ANSR'ER 1'HE FOI.LOWING
QUES7TONS:
PI.ANNING COMMISSION _CIVII, SERVICE COMbIISSION 1. Has this person/Etm evrr wocked �mder a convact for this depaztmrnt?
CIB COMIvIITTEE Yes No
STAF£ 2. Has this person/fvm ever been a city employce?
DISTRICT CAURT Yes No
SUPPORTS WI-IICH COUNCIL OBJECTIVE? 3. Dces this person/firm possess a skill not nom�ally possessed by any curnnt city employee?
Yes No
Eaplain all yes snswers oa separate sheet and attach to green sheet
A'ITIATING PROBI,EM, ISStiE, OPPORTUNITY (Who, Wha4 W6en, Where, Why):
ADVANPAGES IF AYPROVED: �
DLSADVANTAGES IF APPROVED.
DISADVANTAGES IF NOT APPROVED:
TOTAL AMOi11VT OF TRANSACITON: COST/REVENUE BUDGETED:
FY7NDINGSOURCE: ACfIVITYN[IMBER: �a��R3EL �`23�,�--'?"C�' {as='°P�
FINANCIAL INFORMATTON: (EXPLAINI Q G i Si Q` €���
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ATTACFIlVIENT TO TFiE GREEN SHEET
SHEET METAL WORKERS INTERNATIONAL ASSOCIATION LOCAL 10
Below is a summary of the changes in the collective bargainiug agreement between the City of
Saint Paul and the Sheet Metal Workers Tnternational Association Local 10. The new agreement
is for the period of May 1, 1999 through April 30, 2002.
Waees
The City agreed to the prevailing wage rate.
LaneuaQe
Changes to the language were basically of a housekeeping nature for clarification and clean up.
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ARTICLE TITLE
Preamble
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PAGE
...
................................................11l
1 pilL�)OSe. " • " ..............................................1
2 Recognition ................................................1
3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
4 Union Rights ...............................................2
5 Scope of Agreement ..........................................2
6 Probationary Periods .........................................2
7 Philosophy of Employment and Compensation . . . . . . . . . . . . . . . . . . . . . 3
8 Hoursof Work ..............................................3
9 Overtime ..................................................4
10 Ca11In/CallBack ............................................5
i l Work Location, Residency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
12 Wages .....................................................5
13 Fringe Benefit ..............................................6
14 Selection of Lead Sheet MetaI Worker . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
15 Holidays ...................................................6
16 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
17 AbsencesFrom Work ........................................8
18 Seniority ...................................................8
19 Jurisdiction .................................................9
20 Sepazation .................................................9
21 Tools ....................................................10
22 Grievance Procedure ........................................10
23 Rightof Subcontract ........................................12
24 Non-Discrimination .........................................12
25 Severability ...............................................13
26 Waiver ...................................................13
27 City Mileage Plan ..........................................13
28 Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Appendix .............................................. A1
Appendix B .............................................. BI
Appendix C .............................................. C1
Appendix .............................................. D1
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PREAMBLE
This Agreement is entered into between the City of Saint Paul, hereinafter
refened to as the Employer and the Sheet Metal Workers International Association Local 10
hereinafter refeaed 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 City, the Union, and the individual employees will
best serve the needs of the general pubiic.
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ARTICLE 1- PURFOSE
• 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to:
i.l (1) Achieve orderly and peaceful relations, thereby establishing a
system of uninterrupted opentions and the highest levei of
employee performance that is consistent with the safety and
well-being of all concezned;
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
Linion;
1.1(3) Establish procedures to orderly and peacefully resoive disputes as
to the application or interpretation of this Agreement without loss
of productivity.
1.2 The Employer and the Union agree that this Agreement serves as a supplement to
legislation that creates and directs the Employer. If any part of ttvs Agreement is in
conflict with such legislation, the latter shall prevail. The parties, on written notice, agree
to negotiate that part in conflict so that it conforms to the statute as provided by Article
25 (SEVERABILI'TI').
• ARTICLE 2 - RECOGNITION
2.1 The Empioyer recognizes the Union as the exclusive representative for collecuve
bargaining purposes for all personnel having an employment status of regulaz,
probarionary, provisional, and temporary employed in the classes of positions defined in
Appendix A as certified by the Bureau of Mediation Services in accordance with Case
No. 73-PR-513-A dated May I5,1973.
ARTICLE 3 - EMPLOYER RIGATS
3.1 The Employer retains the right to operate and manage all personnel, facilities, and
equipment; to establish functions and programs; to set and amend budgets; to determine
the utilization of technology; to establish and modify the organizational structure; to
select, direct, and detennine the number of personnel; and to perform any inherent
managerial function not specifically limited by this Agreement.
3.2 Any "term or condition of employment" not established by this Agreement shall remain
with the Employer to eliminate, modify, or establish following written notificafion to the
Union.
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ARTICLE 4 - ITNION RIGHTS
4.1 The Employer shall deduct &om the wages of employees who authorize such a deduction .
in writing an amount necessary to cover monthly Union dues. Such monies deducted
shall be remitted as directed by the Union.
4.1(1) The Employer shall not deduct dues from the wages of employees
covered by tlus Agreement for azty other labor organization.
4.1(2) The Union shall indemnify and save harmless the Employer from
any and all claims or charges made against the Employer as a resuit
of the implementation of this Article.
4.2 The Union may designate one (1) employee from the bargaining unit to act as a Stewazd
and shall inform the Employer in writing of such designation. Such employee shall have
the rights and responsibilities as desigiated in Article 22 (GItIEVANCE PROCEDURE).
43 Upon notification to a designated Employer supervisor, the Business Manager of the
Union, or fiis designated representative shall be permitted to enter the facilities of the
Employer where employees covered by this Agreement aze working.
ARTICLE 5- SCOPE OF THE AGREEMENT
5.1 This Agreement establishes the "terms and conditions of employmenY' defined by M.S. •
179.63, Subd.18 for all employees exclusively represented by the Union. This Agreement
shail supersede such "terms and conditions of emgloymenY' established by Civil Service
Rule, Council Ordinance, and Council Resolution.
ARTICLE 6 - PROBATIONARY PERIODS
6.1 All personnel, originally lured or rehired following separation, in a regulaz employment
status shafl serve a six (6) month probationary period during which time the employee's
fitness and ability to perform the position's duties and responsibilities shall be evaluated.
6.1(1) At any time during the probationary period an employee may be
terminated at the discretion of the Employer without appeal to the
provisions of Article 22 (GRIEVANCE PROCEDURE).
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� ARTICLE 6 - PROBATIONARY PERIODS (Continued)
6.1(2) An employee terminated during the probationary period shall
receive a written notice of the reason(s) for such temunation, a
copy of which shall be sent to the Union.
6.2 All personnel promoted to a higher class shall serve a six month promotional
probationary period during wlrich time the employee's fimess and ability to perform the
position's duties and responsibilities shall be evaluated.
6.2(1) At any time during the promotional probationary period an
employee may be demoted to the employee's previously held ciass
at the diseretion of the Employer without appeal to the provisions
of Article 22 (GRIEVANCE PROCEDURE).
6.2(2) An employee demoted during the promotional probarionazy period
shall receive a written notice of the reasons for demotion, a copy of
which shall be sent to the Union, and the employee shall be
returned to his/her previously held class.
ARTICLE 7- PHILOSOPHY OF EMPLOYMENT AND
• COMPENSATION
7.1 The Employer and the Union aze in full ageement that the philosophy of employment
and compensadon shall be a"cash" hourly wage and "industry" fringe benefit system.
7.2 The Employer shail compensate employees for ali hours worked at the hasic houriy wage
rate an hourly fringe benefit rate as found in Articles 12 (WAGES) and 13 (FRINGE
BENEFITS).
73 No other compensation or fringe benefit shall be accumulated or earned by an employee
except as specifically provided for in this Agreement.
ARTICLE 8- HOUR5 OF WORK
8.1 The normal work day shall be eight (S) consecutive hours per day, excluding a thirty (30)
minute unpaid lunch period between �:00 am. and 7:00 p.m.
8.2 The normal work week shall be five (5) consecutive normal work days.
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ARTICLE 8- HOURS OF WORK (ConYinued)
83 This section shall not be construed as, and is not a guazantee of, any hours of work per •
normal work day or per nermal work week.
8.4 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 estabtished work day unless otherwise directed by their supervisor.
8.5 All employees are subject to call-back by the Employer as provided by Article 10 (CALL
IN/CALL BACK).
8.6 Empioyees reporting for work at the established starting time and for whom no work is
available shall receive pay for two (2) hours, at the basic hourly nte, unless notification
has been given not to report for work prior to leaving home, or during the previous work
day.
ARTICLE 9 - OVERTIME
9.1 At2 overtime compensated for by the Emptoyer must receive prior authorization from a
designated Employer supervisor. No overtime work claim will be honored for payment
or credit unless approved in advance. An overtime claim will not be honored, even
though shown on the time card, unless the required advance approvai has been obtained. �
9.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work
performed under the following circumstances:
9.2(1) Tune worked in excess of eight (8) hours in any one normal work day
and
9.2(2) Time worked on a sixth (6th) day following a normal work week.
93 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed
under the following circumstances:
93(1) Time worked on a holiday as defined ia Article 15 (FiOLIDAYS);
93(2) Time worked on a seventh (7th) day following a normal work
week; and
93(3) Time worked in excess oftweive (12) consecutive hours in a
twenty-four (24) hour period, pmvided, that all "emergency" work
required by "Acts of God" shalt be compensated at tke rate of one
and one-half (1.5).
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ARTICLE 9 - OVERTIME (Continned)
� 9.4 For the piuposes of calculating overtime compensation overtime hours worked shall not
be "pyramided", compounded, or paid twice for the same hours worked.
9.5 Overtime hours worked as provided by this Article shall be paid in cash or in
compensatory time as determined 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 normal work day or normal work week and after an employee has completed a
normal work day or normal work week.
10.2 Employees called in or called back shall receive a minimum of four (4) hours straight
time pay at the basic hourly rate or shall be compensated in accordance with Article 9
(OVERTIME), when applicable, wluchever is greater.
10.2(1) Notwithstanding Article 10.2, employees called in
four (4) hours or less prior to their norn►al work day
shall complete the normal work day and be
� compensated only for the overtime hours worked in
accordance with Article 9 (OVERTIME).
ARTICLE 11- WORK LOCATION, RESIDENCY
1 i.l Employees shall report to work location as assigned by a designated Employer
supervisor. During the normal work day employees may be assigned to other work
locations at the diseretion of the Employer.
11.2 The resolution pertaining to residency approved July 26, 1979, under Council File No.
273378 shall apply to all employees covered by this Agreement.
ARTICLE 12 - WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours
worked by an employee.
12.2 Provisional and temporary employees shall be compensated in accordance with Article
12.1 (WAGES) and have fringe benefit contributions and/or deductions made in their
behalf as provided for by Article 13 (FRINGE BENEFITS).
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ARTICLE 13 - FRINGE BENEFITS
13.1 The EmpIoyer shalt make contributions on behatf of and/or make deductions from the •
wages of employees covered by this Agreement in accordance with Appendix D far all
hours worked.
13.2 Provisional, probafionary aad regular emptoyees shall be eligible for a paid holiday for
Labor Day, the first Monday in September in accordance with the Saint Paul Salary Plan
and Rates of Compensation.
ARTICLE 14 - SELECTION OF LEAD SHEET METAL WORKER
14.1 T'he selecdou of personnel for the class Lead Sheet Metal Worker shall remain solely
with the Employer.
14.2 The class Lead Sheet Metal Worker shall be filled by employees of the bargainutg unit on
a "temporary assignment".
143 All "temporary assigiments" shatl be made onty at the direction of a designated
Employer supervisor.
14.4 Such "temporary assignments" shatl be made only in cases where the position is vacant •
for more than one {1) normal work day.
ARTICIlE 15 - HOLIDAYS
15.1 The following ten (10) days shall be designated as holidays:
New Yeaz's Day, January 1
Martin Luther King Day, Third Monday in January
Presidents' Day, Third Monday in February
Memorial Day, last Monday in May
Independence Day, JuIy 4
Labor Day, first Monday in September
Veterans' Day, November 11
Thanksgiving Day, fourth Thursday in November
Day After Thanksgiving, fourth Friday in November
Christmas Day, December 25
15.2 When New Year's Day, Independence Day or Cluisimas Day falis on a Sunday, the
following Monday shall be considered the designated holiday. VJhen any of these three
(3) holidays falls on a Saturday, the precedittg Friday shall be considered the designated
hotiday.
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. ARTICLE 15 - HOLIDAYS (Continned)
153 The ten (10) holidays shall be considered non-work days.
15.4 If, in the judgment of the Employer, personnel aze necessary for operating or emergency
reasons, employees may be scheduled, "called in" or "called back" in accordance with
Article 10 (CALL IN/CALL BACK).
15.5 Employees assigned to work on Martin Luther King Day, Presidents' Day, Veterans' Day
or the Day After Thanksgiving shall be compensated on a straight time basis for such
hours worked.
15.6 Employees assigned to work on New Year's Day, Memoriai Day, Independence Day,
Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the
basic hourly rate for such hours worked.
15.? Employees working on Labor Day shall be recompensed for work done on this day by
being granted compensatory time on a time and one-half basis or by being paid on a time
and one-half basis for such hours worked, in addition to the employee's regulaz holiday
pay.
• ARTICLE 16 - DISCIPLINARY PROCEDURES
16.1 The Employer shall have the right to impose discipiinary actions on employees for just
cause.
16.2 Disciplinary actions by the Employer shall include only the following actions:
16.2(1) Oralreprimand
16.2(2 ) Written reprimand
16.2(3) Suspension
16.2(4) Demotion
16.2(5) Discharge
16.3 Employees who aze suspended, demoted, or discharged shall have the right to request that
such actions be reviewed by the Civil Service Commission or a designated Boazd of
Review. The Civil Service Commission, or a designated Board of Review, shall be the
sole and exclusive means of reviewing a suspension, demotion, 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 22 (GRIEVANCE PROCEDURE).
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ARTICLE 17 - ABSENCES FROM WORK
17.I Employees who are unable to report for their nornial work day have the responsibility to •
notify their supervisor of such absence as soon as possible, but in no event later than tiie
beginning of such work day.
17.2 Faifure to make such notification may be grounds for discipline as provided in Article 16
(DISCIPLINARY PROCEDURES).
173 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 ttie empIoyee.
ARTICLE 18 - SE1vIORITY
18.1 Seniority, for the purposes of this Agreement, shall be defined as follows:
18.1(1) "Master Seniority" - the length of coatinuous
regulaz and probationazy service with the Employer
from the last date of employment in any and all
ctass tides covered by ttus Agreement.
18.1(2) "Class Seniority" - the length of continuous regulaz
and probationazy service with the Employer from �
the date an emgloyee was first appointed to a class
tifle covered by tlus Agreement.
18.2 Seniority shaSl not accumulate during an unpaid Ieave of absence, except when such a
leave is granled for a period of less than thirty (30) calendar days; is granted because of
illness or injury; is granted to allow an employee to accept an appointment to the
unclassified service of the Employer or to an elected or appointed full-time position with
the Union.
183 Seniority shall terminate when an employee retires, resigns, or is discharged.
18.4 In the event it is detemuned by the Empioyer that it is necessary to reduce the work force
employees will be laid off by class title within each Deparhnent based on inverse length
of "Class Seniority." EmpIoyees laid off shall have the right to reinstatement in any
Iower-paid class ti�te provided, empIoyee has greater "Master Seniority" than tfie
employee being replaced.
18.5 The selection of vacation periods shall be made by class title based on length of "Class
Seniority", subject to the approval of the Employer.
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ARTICLE 19 - NRISDICTION
• 19.1 Disputes conceming work jurisdiction between and among unions is recognized as an
appropriate subject for determination by the various unions representing employees of the
Employer.
19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual
agreements between the unions involved.
193 In the event of a dispute conceming the performance or assignment of work, the unions
involved and the Employer shall meet as soon as mutually possible to resolve the dispute.
Nothing in the foregoing shall resirict the right of the Employer to accomplish the work
as originally assigned pending resolution of the dispute or to res�ict the Employer's basic
right to assign work.
19.4 Any employee refusing to perform work assigned by the Employer and as clarified by
Sections 19.2 and 193 above shall be subject to discipiinary action as provided in Article
16 (DISCIPLINARY PROCEDURES).
19.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a
work assignment.
� ARTICLE 20 - SEPARATION
20.1 Employees having a probationazy or regulaz employment status sha11 be considered
sepazated from employment based on the following actions:
20.1(1) Resignation. Employeesresigningfrom
employment shall give written norice fourteen (14)
calendar days prior to the effective date of the
resignarion.
20.1(2) Discharge. As provided in Article 16.
20.1(3) Failure to Report for Duty. As provided in
Articie 17.
20.2 Employees having a temporary, or provisional employment status may be terminated at
the discretion of the Employer before the completion of a normal work day.
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ARTICLE 21- TOOLS
21.1 All employees shall personally provide themselves with the toois of the trade as listed in •
Appendix B.
ARTICLE 22 - GRIEVANCE PROCEDURE
22.1 The Employer shall recognize the Stewatd selected in accordance with Union rules attd
regulations as the grievance representative of the bargaining unit The Union shall notify
tt►e Employer in writing of the name of the Steward and of Ius/her successor when so
named.
22.2 It is recognized and accepted by the Employer and the Union that the processing of
grievances as hereinafter provided is Iimited by the job duties and responsibilities of the
employees and shall therefore be accomp�ished during working hours only whea
consistent with such employee duties and responsibilities. The Stewazd involved and a
grieving employee shall suffer no loss in pay when a grievance is processed during
working flours, provided, the Stewazd and tfie empIoyee fiave notified and received the
approval of their supervisor to be absent to process a grievance and that such absence
would not be detrimental to the work progams of the Employer.
223 The procedure established by this Article shatl be the sole and exclusive procedure,
except for the appeal of disciplinary action as provided by Article 163, for the processing
of grievances, which aze defined as an alleged vi olation of the terms and conditions of •
this Agreement
22.4 Cmevances shall be resolved in conformance with the following procedure:
Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee
involved shall attempt to resolve the matter on an informat basis with the
empioyee's supervisor. If the matter is not resolved to the employee's
satisfaction by the informal discussion it may be rednced to writing and
referred to Step 2 by the Union. The written grievance shall set forth the
nature of the grievance, the facts on which it is based, the alleged section(s) of
the Agreement violated, and the refief requested. Any alleged violation of the
Agreement not reduced to writing by the Union within seven (� calendaz days
of the first occurrence of the event giving rise to the grievance or within the
use of reasonable diligence should have had imowledge of the first occurrence
of the event giving rise to the grievance, shatl be considered waived.
Step 2. Within seven ('n calendar days after receiving the written grievance a
designated Empioyer supervisor shall meet with the Union Stewazd and
attempt to resolve the grievance. If, as a result of this meeting, the grievance
remains unresolved, the Employer shall reply in writing to the Union within
three (3) calendar days following this meeting. The Union may refer the
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� ARTICLE 22 - GRIEVANCE PROCEDURE (Continued)
grievance in writing to Step 3 within seven (7} calendar
days following receipt of the Employer's written answer. Any grievance not
refeaed in writing by the Union within seven (� calendar days following
receipt of the Employer's answer shall be considered waived.
Step 3. Within seven ('n calendar days following receipt of a grievance referred from
Step 2 a designated Employer supervisor shall meet with the Union Business
Manager or his designated representative and attempt to resoive the grievance.
Within seven (7) calendar days following ttus meeting the Employer shall
reply in writing to the Union stating the Employer's answer concerning the
grievance. If, as a result of the written response the grievance remains
unresolved, the Union may refer the grievance to Step 4. Any grievance not
referred in writing by the Union to Step 4 within seven (7) calendar days
following receipt of the Employer's answer shall be considered waived.
Step 4. If the grievance remains unresolved, the Union may within seven (7) calendaz
days after the response of the Employer in Step 3, by written notice to the
Employer, request azbitration of the grievance. The azbitration proceedings
shall be conducted by an azbitrator to be selected by mutual agreement of the
Employer and the Union within seven ("n calendaz days after notice has been
• given. If the parties fail to mutually agree upon an azbitrator within the said
seven (7) day period, either party may request the Public Employment
Relarions Boazd to submit a panel of five (5) azbitrators. Both the Employer
and the Union shall have the right to strike two (2) names from the panel. The
Union shall strike the first (lst) name; the Employer shall then strike one (1)
name. The process will be repeated and the remaining person shail be the
azbitrator.
22.5 The arbitrator shall have no right to amend, modify, nuilify, ignore, add to, or subtract
from the provisions of this Agreement. The azbitrator shall consider and decide only the
specific issue submitted in writing by the Employer and the Union and shall have no
authority to make a decision on any other issue not so submitted. The azbitrator 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. T'he azbitrator's decision shall be submitted in writing within thirty (34} days
following close of the hearing or the submission of briefs by the parties, whichever be
later, unless the parties agree to an extension. 'I'he decision shall be based solely on the
arbitrator's interpretation or appiication of the express terms of flris Agreement and to the
facts of the grievance presented. The decision of the arbitrator shall be final and binding
on the Employer, the Union, and the employees.
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ARTICLE 22 - GRIEVANCE PROCEDURE (Confinued}
22.6 The fees and expenses for the azbitrator's services and proceedings shall be borne eqvally �
by the Employer and the Union, provided that each party shall be responsible for
compensating its own representative and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made providing it pays for the
record.
22.7 The dme limits in each step of this procedure may be extended by mutual agreement of
the Employer and the Union.
ARTICLE 23 - RIGAT OF SUBCONTRACT
23.1 The Employer may, at any time during the duration of this Agreement, contract out work
done by the employees covered by this Agreement. In the event that such contracting
would resutt in a reduction of the work force covered by this Agreement, the Employer
shali give the Union a ninety (90) calendar day notice of the intention to subcontract
23.2 The subcontracting of work done by the employees covered by this Agreement shall in all
cases be made only to employers who quatify in accordance with Ordinance No. 14013.
ARTICLE 24 - NON-DISCRIlVIINATION
24.1 The terms and condirions of this Agreement will be app�ied to employees equally without
regazd to, or discrim;nation for or against, any individual because of race, color, creed,
sex, age, or because of inembership or non-membership in the Union.
24.2 Employees will perform their duties and responsibilities in a non-discriminatory manner
as such duties and responsibilities involve other employees and the general public.
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ARTICLE 25 - SEVERABILITY
� 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by
proper legislative, administrative, or judicial authority from whose finding,
determination, or decree no appeal is taken, such provision(s) shall be voided. All other
provisions shall continue in full force and effec�
25.2 The parties agree to, upon written notice, enter into negotiations to place the voided
provisions of the Agreement in compliance with the legislative, administrative, or judicial
determinarion.
ARTICLE 26 - WAIVER
26.1 The Employer and the Union acknowledge that during the meering and negotiating which
resulted in this Agreement, each had the right and opportunity to make proposals wlth
respect to any subject concerning the terms and conditions of employment. The
agreements and understandings reached by the parties after the exercise of this right aze
fully and completely set forth in this Agreement.
26.2 Therefore, the Employer and the Union for the duration of ttris Agreement agree that the
other party shall not be obligated to meet and negotiate over any term or canditions of
� employment whether specifically covered or not specifically covered by this Agreement.
The Union and Employer may, however, mutually agree to modify any provision of this
Agreement.
263 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or
regularions regazding the terms and conditions o£ employment, to the extent they aze
inconsistent with this Agreement, aze hereby superseded.
ARTICLE Z7 - CITY MILEAGE
27.1 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 aze adopted.
27.2 Method of Computation: To be eligible for such reimbursement, all officers and
employees must receive written authorization from the Department Head.
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ARTICLE 27 - CITY MILEAGE (Continued)
Type 1. If an employee is required to use lus/her own automobile OCCASIONALLY �
during employment, the employee shall be reimbursed at the rate of $4.00 per day for
eack day the employee's vehic2e is actually vsed in performing the duties of the
employee's posidon. In addition, the employee shall be reimbursed $0.20 per mile for
each mile actually driven,
If such employee is required to drive aa automobile diuing employment and the
department head or designated representative determines that an employer vehicle is
available for the empioyee's use but the employee desires to use his/her own automobile,
then the employee shai2 be reimbtused at che rate of $0.20 per mile driven and shaII not
be eligible for any per diem.
Type 2. If an employee is required to use lus/her own automobile REGi3LARLY during
employment, the employee shall be reimbursed at the rate of $4.00 per day for each day
of work. In addition, the employee shall be reimbursed $0.20 per mile for each mile
actually dtiven.
If such employee is reqvired to drive aa automobile during empioyment aad the
department head or designated representative determines that an employer vehicle is
available for the employee's use but the employee desires to use his/her own automobile,
then tfie emptoyee sfiatI be reimbvrsed at tfie rate of $0.20 per mile driven and shaIl not
be eligible for any per diem. `
27.3 The City will provide pazking at the Civic Center Pazking Ramp for City employees on
either of the above menrioned types of reimbursement plans who aze required to have
their personal caz available for City business. Such parking will be provided only for the
days the employee is required to have his or her own personal car available.
27.4 Rules and Regulations: The Mayor shai2 adopt rules and regulations goveming the
procedures for automobile reimbursement, wluch regulations and rutes shall contain the
requirement that recipients shall file daily reports indicating miles driven and shall file
monthly �davits stating the number of days worked and tfie number of mites driven,
and further require that they maintain automobile liabiliry insurance in amounts of not
less than $100,000/$300,000 for personal injury, and $25,000 for property damage, or
liability inc„rance in amounts not less than $300,000 single Limit coverage, with the City
of Saint Paul named as an additional insured. These rules and reguiations, together with
the amendments thereto, shall be maintained on file with the City Cierk.
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ARTICLE 28 - DURATION AND PLEDGE
28.1 This Ageement shall become effective as of May 1, 1999, except as specifically provided
otherwise in this Agreement, and shall remain in effect through the 30th day of April
2002, and continue in effect from year to year thereafter unless notice to given to change
or to temunate this ageement.
28.2 If either party desires to terminate or modify this Agreement, effective as of the date of
expiration, the party wishing to modify or terminate the Agreement shall give written
notice to the other party, not more than ninety (90) or less than sixry (60) calendar days
prior to the expiration date, provided, that the Ageement may only be so terminated or
modified effective as of the expiration date.
283 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 peacefuily
resolved, the parties hereby pledge that during the term of the Agreement:
28.3(1) The Union and the employees will not engage in, instigate, or condone any
concerted action in which employees fail to report for dury, willfully absent
themselves from work, stop work, slow down their work, or absent themselves
in whole or part from the full, faithful performance of their duties of
employment.
283(2) The Employer will not engage in, instigate, or condone any lock-out of
employees.
28.3(3) This constitutes a tentative ageement between the parties which will be
recommended by the Director of Iabor Relations, but is subject to the
approval of the Administration of the City, the City Council and is also subject
to ratification by the Association.
Agreed to this �_ day of October, 1999 and attested to as the full and complete
understanding of the parties for the period of time herein specified by the signature of the
following representative for the Employer and the Association:
FOR'THE CTfY OF ST. PAUL
� � ���
Terry altiner
Labor Relations Manager
SHEET METAI. WORKERS
INTERNATIONAL ASSOCIATION, LOCAL
10 /� /� _
Beaulieu
iess Manager
S6�
99-eo s �
APPENDIX A
• The ciasses recognized by the Employer as being exclusively represented by the Union
aze as follows:
Senior Mechanical Inspector-Sheet Metat
Lead Sheet Metal Worker
Sheet Metal Worker
Apprentice
Sheet MetalInspector;
•
and other classes that may be established by the Employer where the duties and responsibilities
assigned come within the jurisdiction of the Union.
• - A1 -
q9-la 87
e
• APPENDIX B
Tool Box
Whitney, Small
Crescent Wrench or set of Open End Wrenches
Center Punches
Hacksaw Frame
Chisels
Small Hand Tongs
6' Folding Rule
Screw Driver
Scratch Awls
Pliers
Snips, Straight-aviation L and R
Hauimers (Tinners)
• Dolly Baz
Combination Square
Prick Puuch
10' Tape
Dividers
• -Bi-
94-�087
�
�
•
APPENDIX C
The basic hourly wage rate for temporary employees appointed to the following classes shali be:
Effective
OS/08/99
Sheet Metal Worker
Lead Sheet Metal Worker
Sheet MetalInspector
lst Step
2nd Step
Senior Mechanical
Inspector-Sheet Metal
$28.75*
$30.75*
$29.75*
$30.75*
$31.75*
The basic houriy wage rates for temporary employees whose length of service and earnings
require that they be subject ta Public Employees Retirement Associafion (PERA) contributions
shall be the temporary rate divided by 1.0518 effective January 1, 1998. This rate is subject to
further increase or decrease by the State of Minnesota.
The basic houtly wage rate for provisional, regular, and probationary employees appointed to the
following classes shall be:
Effective
OS/08/99
Sheet Metal Worker
Lead Sheet Metal Worker
Sheet Metal Inspector
lst Step
2nd Step
Senior Mechanical
Inspector-Sheet Metal
$2430**
$25.99**
$25.14**
$25.99**
$26.83�*
Effective May 1, 2000 (or closest payroll period), there will be an additional $1.71 per hour
increase added to the totai package. The parties wili agree prior to that date regazding the
distribution of the $1.71 between wages and fringes. This amount will be decreased by any
increase in industry funds.
- Cl -
���ID$ ]
APPENDIX C (Continued)
• Effective May 1, 2001 (or closest payroll period), there wili be an additional $1.75 per hour
increase added to the total package. The parties will agree prior to that date regazd'ang the
distribution of the $1.75 between wages and fringes. T4us amount will be decreased by any
increase in industry funds.
•
• -C2-
�19-�08 �
APPENDIX C (Continued)
• * This rate includes the $2.10 ta7cable Credit Union deduction and the $.25 taYable Youth to
Youth Fund deduction.
** Effective Anril 26. 1997, this rate includes the above taxable deductions in addition to 72
hours of paid holidays and 160 hours of paid vacation per fiscal year. V acation cazry
over shall be paid in accordance with Section I H of the Saiut Paul Salary Plan and Rates
of Compensation. Vacation must be approved by the Head of the Department.
After appearing on the payroll for 1040 hours in the first step, an employee in the Sheet Metal
Inspector classification may be granted a wage increase to the second step.
If the Union elects to have the contributions listed in Appendix D increased or decreased, the
Employer may adjust the above applicable rates for participating employees in such a way that
the total cost of the package (wage rate plus contributions) remains constant.
•
• -C3-
q 9-lag7
APPENDTX D
� Effective May 8, 1999, the Employer shall:
(1) contribute to a Welfare Fund $2.96 per hour for all hours worked by participating
employees as defined in Articles 123, 12.4 and 12.5 of this Agreement.
(2) contribute to a Local Pension Fund $1.75 per hour for all houts worked by pazricipating
employees, as defined above.
(3) contribute to a National Pension Fund $1.70 per hour for all hours worked by
participating employees, as defined above.
(4) deduct and forward to a Vacarion Fund $2.10 per hour for all hours worked by
participating employees, as defined above.
(5) contribute to the Journeyman and Apprenticeship Training Fund $0.32 per hour for
all hours worked by participating employees, as defined above.
(6) contribute to the National5cholarship Fund $0.03 per hour for all hours worked by
participating employees, as defined above.
(7) deduct and forwazd to the Youth to Youth Fund $0.25 per hour for a11 hours worked by
� participating employees, as defined above.
The Employer will not make the above contributions for Holidays or vacation.
The above contributions may be increased or decreased as long as the applicable hourly rates in
Appendix C for participating employees are decreased ar increased hy the same total amount.
All contributions and deductions made in accordance with this Appendix shall be forwazded to
depositories as directed by the Union.
The Employer shall establish Workers' Compensa6on and Unemployment Compensation
programs as required by Minnesota Statutes.
The Employer's fringe benefit obligation to employees 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 contribufions and/or deductions.
• -Dl -
�
�
���"
�t°l -1og7
MAY 1,1999 = APRIL 30, 2002 -
,.
�_
MAIlVTENA.NCE LABOR AGREEMEI�TT
- .. _ � � � - tiet�een - _ � � � _ � � " � �
` THE CITY OF SAII�T FAUL
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, _ SHEET'1VIE'�'AI� �VORI�ERS
INT�RNATIONAL ASSOCIATION` �� }
� IrOCAI:ID , � _
� ` �� � � � � � � -
.�_ _ _ _ � ___ _ , � � �_ . � : _.,