88-187 WHITE - C�7V CLER COU�ICII J
PINK - FINANCE G I TY OF S I NT PA U L
C4NARV - DEPARTME T �
BLUE - MAVOR File NO.
Co �cil esolution
Presented By
Referred To Committee: Date
Out of C mmittee By Date
RES LVED, that the Council of the Ci y of Saint Paul hereby approves and
ratifies the attached Agreement between I dependent School District �k625 and
the Shee Metal Workers International Ass ciation, Local ��10.
COUNCIL EN
Yeas Drew Nays { Re y ent of:
� PLRSONNEL
Nicosia [n Favor
Rettman
Scheibel
�,� � __ Against BY
T�aes�o
afil�err
Adopted by Counc L• Date FEB 11 1988 Form pprov d b City Attorney
V �
Certified Yas•e ouncil Sec ar BY
sy�
A►ppro y Mavo : ���� Appro y Mayor for Sub i
BY - —
pU81,tSHED F E B 2 01988_
PExsoNNEL DEPARTMEN
��f�� �V'° 08188
J S LOM � . CONTACT
298-422t PHONE
JANUARY 11 19 8 DATE e�� � ,, Q
,
AS GN NUhB�R , -OR ROUT3MG ORDER Cli Al1 Loca ions for Si nature :
De artment Director Director of Mana ement Ma or�g�
P 3 g / Y
Finance an Management Services Director � 4 City Cler ,� �?�
Budget Dir ctor ,�ic 'Ls'�1L�g� \1 � . �_
� City Attor ey
WHAT WILL BE A HIEVED BY TAKING ACTION ON�THE TTACNED MATfRIALS? (Purpose/
Rationale) :
THIS RESOLUTIO APPROVES A TWO YEAR CONTRACT B TWEEN INDEPENDENT SCHQOL DISTRICT #625 .
AND SHEET MET WORKERS INTERNATIONAL ASSOCIAT ON, LOCAL ��10. THE CONTR4CT P�RIOD IS
MAY 1, 1987 TH OUGH APRIL 30, 1989. ATTACHED S A SUrIl�IARY OF THE PERTINENT FACTS REGARDING
THIS AGREEMENT
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COST BENEFIT UDGETARY AND PERSONNEL IMPACTS TICIPATED: ' R��E��E� �
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�A N -� `� 198g c_ ".
NONE Z �
��Y�R'S �Ff1�E � � �
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A
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FINANCING SOUR E AND BUDGET ACTIVITY NUN�ER CH GED OR CREDITED: (Mayor's signa- �'
ture not re-
Total Amoun.. of "'fransaction: quired if under
� �10,000)_
Fundi,n�� Sou ce:
Activity Nu ber: � .
AT7ACHMENTS L st� and Number Al1 Attachments :
' - �SOLUTION � RECElV�D
1 - CONTRACT .
1 - COPY CITY LERK � JI�� �, 3 �988
. CITY ATTt�I��VF� ,
�EPARTMENT REV EW CITY .ATTORNEY REVIEW
x Yes No uncil Resolution Required? ' Resolution Required? Yes No
Yes �No nsurance Required? , Insurance Sufficient? Yes No
Yes �No nsurance Attached:
(SEE •REVERSE SIDE FOR NSTRUCTIONS)
Revised 12/84
' "� , ' HOW TO USE THE GREEN SHEET
:� .
The GREEN SHEET has several PURPOSES: � � �
1. to assist in routing documents and in securing required siqnatures
2. to brief the reviewers of documents on the impacts of approval
. 3. to help ensure that necessary supporting materials are prepared, and, if
- required, attached. � �
Providing complete information under the listed headings enables reviewers to make
decisions on the documents and eliminates follow-up contacts that may delay execution.
The COST/BENEFIT, BUDGETARY AND PERSONNEL I1�ACTS heading provides space to explain
� the cost/benefit aspects of the decision. Costs and benefits related both to City
budget (General Fund and/or Special Funds) and to broa�er financial impacts (cost
to users, homeowners or other groups affected by the action) . T3�e personnel impact
is a description of change or shift of Full-Time Equivalent (FTE) positions. � �
If a CONTRACT amount is less than $10,000, the Mayor's signature is not required,
if the departm�ent director signs. A contract must always be first signed by the
outside agency before routing through City offices. �
Below is the preferred ROUTING for the five most frequent types of documents:
, CONTRACTS (assumes authorized budget exists) �
� 1. Outside Agency 4. Mayor
;: 2. Initiating Department 5. Finance Director
3. City Attorney 6. Finance Accountinq
�� M�TISTRATIVE ORDER (Budget Revision) ADMINISTRATIVE ORDERS (all others)
� . -Activity Manager 1. Initiating Department
!�. `I�epartment Accountant 2. City Attorney
' Aepartment Director 3. Director of Management/Mayor
�' � �; ,
�. ,�,udget Director 4. City Clerk
�„�. City Clerk
��b. Chief Accountant, F&MS �
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COUNCIL RESOT.UTION tAtnend. Bdqts./Accept. Grants) COUNCIL RESOLUTION (all others)
l. Department Director 1. Initiating Department
2. Budget Director 2. City Attorney
3. City Attorney 3. Director of Management/Mayor
4. Director df Manaqement/Mayor 4. City Clerk
5. Chair, Finance, Mngmt. & Personnel Com. 5. City Council
6. City Clerk
7. City Council
8. Chief Accountant, F&MS
SUPPORTING MATERIALS. In the ATTACHMENTS section, identify all attachments. If the
Green Sheet is well done, no letter of transmittal need be included (unless siqning
such a letter is one of the requested actions) .
Note: If an agreement requires eviderice of insurance/co-insurance, a Certificate of
Insurance should be one of the attachments at time of routing.
... Note: Actions which require City Council Resolutions include:
l. Contractual relationship with another governmental unit.
2.. Collective bargaininq contracts. �
3. Purchase, sale or lease of'land.
4. Issuance of bonds by City.
,
5. Eminent domain.
6. Assumption of liability by City, or granting by City of indemnific�tion. ,
7. Agreements with State or Federal Gover�ent under which they are providing
funding.
8. Budqet amendments. . -
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INDEPENDENT SC OOL DISTRICT #625 "
Ut
BOARD 0 EDUCATION y
SAINT PAUL PUBLIC SCHOOLS
DAT : December 1, 1987
TOP C: A roval of an em lo ent a eement with Sheet Metal Workers
International Association, L cal 10
A. PERTINENT FACTS:
1) New Agreement is for the wo-year period May 1, 1987 through April
30, 1989.
2) Contract changes are as f llows:
- Retirement Article h s been deleted.
- Holidays: New langu ge provides that participating employees
working on holidays hall be recompensed as follows:
. straight-time p y for work on the four minor holidays.
. double time pay for work on five ma�or holidays.
Provisions for ork done on Labor Day remain unchanged.
- Appendix C - Wa es: Total package increase of SOC per hour
in both 1987 and 198 . This is based on the prevailing rates
settlement.
. As the District now has no grandfathered employees, that
wage schedule h s been deleted.
- �pendix D - Fringe enefits: For one year only, 1� per hour
contribution is mad to the Diabetes-Jackson Fund, effective
. May 1, 1987. All changes in amounts assigned to fringe
benefit funds are in accord with the outside package.
3) The District has two empl yees in this bargaining unit.
4) The estimated cost impact of this new Agreement has been
calculated by the Payroll Department as follows:
- in the 1986-87 budge year: $ 602.
- in the 1987-88 budge year: $ 1,302.
- in the 1988-89 budge year: $ 1,678.
5) Requested by Phyllis E. B ers, Negotiator.
B. RECOMMENDATION: That the Bo rd of Education of Independent School
District No. 625 approve and dopt the Agreement concerning the terms
and conditions of employment of those employees in this school district
for whom Sheet Metal Workers I ternational Association, Local 10 is the
exclusive representative. I
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• I N D E X
AR ICLE TITLE PAGE
Preamble iii
I Purpose 1
II Recognition 1
II Employer Rights 1
IV Union Rights 2
V Scope of the Agreem nt 2
• VI Probationary Period g
VI Philosophy of Emplo ent and Compensation 3
VI I Hours of Work 4
• IX Overtime 5
X Call Back 5
XI Work Location 6
XI Wages �
XI I Fringe Benefits 10
XI Selection of Forema and General Foreman 10
XV Holidays 11
XV Disciplinary Proced res 13
• XV I Absences from Work 13
XV II Seniority 14
XI Jurisdiction 15
� Separation 15
XX Tools 15
XX I Grievance Procedure 16
XX II Right of Subcontrac ig
XX V Non-discrimination lg
Severability ig
I Waiver 19
II Mileage - Independe t School District No. 625 19
, X III Duration and Pledge 20
Appendix A A1
Appendix B gl
Appendix C C1-C2
Appendix D D1
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P R E A M B L E .
This AGREEMENT is entered into between Independent School District No.
625, hereinafter referred to as the �LOYER, and the Sheet Metal Workers
International Association Local 10, hereinafter referred to as the UNION.
The IIYIPLOYER and the UNION concur that this AGREEMENT has as its
ob�ective the promotion of the responsibilities of the City of Saint Paul
for the benefit of the general public through effective labor-management
cooperation.
The EMPLOYER and the UNION both realize that this goal depends not '
only on the words in the AGREEMENT but rather primarily on attitudes
between people at all levels of responsibility. Constructive attitudes of
the EMPLOYER, the UNION, and the individual employees will best serve the '
needs of the general public.
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RTICLE I - PIIRPOSE
t1. 1 The EMPLOYER and the UNION gree that the purpose for entering into
this AGREEMENT is to:
1.11 Achieve orderly and pe ceful relations, thereby establishing a
system of uninterrupte operations and the highest level of
employee performance t at is consistent with the safety and
well-being of all conce ned;
1. 12 Set forth rates of pay hours of work, and other conditions of
employment as have bee agreed upon by the EMPLOYER and the
UNION;
1.13 Establish procedures to orderly and peacefully resolve disputes
as to the application o interpretation of this AGREEMENT without
loss of manpower produc ivity.
1 2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a
supplement to legislation th t creates and directs the EMPLOYER. If
any part of this AGREEMENT i in conflict with such legislation, the
latter shall prevail. The parties, on written notice, agree to
negotiate that part in confl'ct so that it conforms to the statute as
provided by Article 26 (SEVE ILITY).
TICLE II - RECOGNITION
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2.1 The II�PLOYER recognizes the ION as the exclusive representative for
collective bargaining purpose for all personnel having an employment
status of regular, probationa y, provisional, temporary, and emergency
employed in the classes of p sitions defined in 2.2 as certified by
the Bureau of Mediation ervices in accordance with Case No.
73-PR-513-A dated May 15, 197 .
2.2 The classes of positions rec gnized as being exclusively represented
by the UNION are as listed in Appendix A.
A ICLE III - EMPLOYER RIGHTS
3. The EMPLOYER retains the rig t to operate and manage all manpower,
facilities, and equipment; to establish functions and programs; to set
and amend budgets; to dete ine the utilization of technology; to
establish and modify the orga izational structure; to select, direct,
and determine the number of personnel; and to perform any inherent
managerial function not speci ically limited by this AGREEMENT.
3. Any "term or condition of employment" not established by this
AGREEMENT shall remain with the EMPLOYER to eliminate, modify or
establish following written n tification to the UNION.
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ARTICLE IV - UNION RIGHTS
4. 1 The EMPLOYER shall deduct from the wages of employees who authorize �
such a deduction in writing an amount necessary to cover monthly UNION
dues. Such monies deducted shall be remitted as directed by the
UNION.
4.11 The EMPLOYER shall not deduct dues from the wages of employees
covered by this AGREEMENT for any other labor organization.
4.12 The UNION shall indemnify and save harmless the EMPLOYER from any
and all claims or charges made against the EMPLOYER as a result
of the implementation of this ARTICLE.
4.2 The UNION may designate one (1) employee from the bargaining unit to .
act as a Steward and shall inform the EMPLOYER in writing of such
designation. Such employee shall have the rights and responsibilities
as designated in Article 23 (GRIEVANCE PROCEDURE) . .
4.3 Upon notification to a designated EMPLOYER supervisor, the Business
Manager of the UNION or his designated representative shall be
permitted to enter the facilities of the EMPLOYER where employees
covered by this AGREEMENT are working. �
ARTICLE V - SCOPE OF THE AGREEMENT
5. 1 This AGREEMENT establishes the "terms and conditions of employment" •
defined by M. S. 179.63, Subdivision 18, for all employees exclusively
represented by the UNION. This AGREEMENT shall supersede such "terms
and conditions of employment" established by Civil Service Rule,
Council Ordinance, and Council Resolution.
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AR ICLE VI - PROBATIONARY PERIODS
� 6. All personnel, originally hir d or rehired following separation, in a
regular employment status sha 1 serve a six (6) months' probationary
period during which time the mployee's fitness and ability to perform
the class of positions' ties and responsibilities shall be
evaluated.
6.11 At any time during the robationary period an employee may be
terminated at the discre ion of the EMPLOYER without appeal to
the provisions of Article 23 (GRIEVANCE PROCEDURE).
6. 12 An employee terminated during the probationary period shall
receive a written notice f the reason(s) for such termination, a
, copy of which shall be se t to the UNION.
6. All personnel promoted to a igher class of positions shall serve a
- six (6) months' promotional pr bationary period during which time the
employee's fitness and abili y to perform the class of positions'
duties and responsibilities sh 11 be evaluated.
6.21 At any time during th promotional probationary period an
employee may be demoted o the employee's previously-held class
of positions at the discr tion of the EMPLOYER without appeal to
the provisions of Article 23 (GRIEVANCE PROCEDURE) .
6.22 An employee demoted duri g the promotional probationary period
� shall be returned to th employee's previously-held class of
positions and shall recei e a written notice of the reasons for
demotion, a copy of which shall be sent to the UNION.
ART CLE VII - PHILOSOPHY OF EMPLOYME T AND COMPENSATION
7. 1 The EMPLOYER and the UNION are in full agreement that the philosophy
of employment and compensatio shall be a "cash" hourly wage and
"industry" fringe benefit syste .
7.2 The EMPLOYER shall compensate mployees for all hours worked at the
basic hourly wage rate and ho rly fringe benefit rate as found in
° Articles 12 (WAGES) and 13 (FRI GE BENEFITS).
7.3 No other compensation or fringe benefit shall be accumulated or earned
by an employee except as specif'cally provided for in this AGREEMENT;
except those employees who have individually optioned to be
"grandfathered" as provided by 2.2.
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ARTICLE VIII - HOURS OF WORK
8.1 The normal work day shall be eight (8) consecutive hours per day, �
excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m.
and 5:30 p.m. �
8.2 The normal work week shall be five (5) consecutive normal work days
Monday through Friday.
8.3 If, during the term of this AGREEMENT, it is necessary in the
EMPLOYER'S �udgment to establish second and third shifts or a work
week of other than Monday through Friday, the iTNION agrees to enter
into negotiations immediately to establish the conditions of such
shifts and/or work weeks.
8.4 This section shall not be construed as, and is not a guarantee of, any
hours of work per normal work day or per normal work week.
8.5 All employees shall be at the location designated by their supervisor,
ready for work, at the established starting time and shall remain at
an assigned work location until the end of the established work day
unless otherwise directed by their supervisor.
8.6 All employees are subject to call-back by the EMPLOYER as provided by
Article 10 (CALL BACK) .
8.7 Employees reporting for work at the established starting time and for
whom no work is available shall receive pay for two (2) hours, at the !
basic hourly rate, unless notification has been given not to report
for work prior to leaving home, or during the previous work day.
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� RTICLE IX - OVERTIME
.1 All overtime compensated for by the EMPLOYER must receive prior
authorization from a designa ed EMPLOYER supervisor. No overtime work
claim will be honored for pa ment or credit unless approved in
advance. An overtime claim ill not be honored, even though shown on
the time card, unless the re uired advance approval has been obtained.
9.2 The overtime rate of one and one-half (1�) the basic hourly rate shall
be paid for work performed u der the following circumstances:
9.21 Time worked in excess o eight (8) hours in any one normal work
. day, and
9.22 Time worked on a sixth 6th) day following a normal work week.
9 3 The overtime rate of two (2) times the basic hourly rate shall be paid
for work performed under the following circumstances:
9.31 Time worked on a sevent (7th) day following a normal work week;
and
9.32 Time worked in excess of twelve (12) consecutive hours in a
twenty-four (24) hour pe iod, provided that all "emergency" work
required by "Acts of God ' shall be compensated at the rate of one
� and one-half (1�).
9 4 For the purposes of calculati g overtime compensation, overtime hours
worked shall not be "pyramide ", compounded or paid twice for the same
hours worked.
9.5 Overtime hours worked as prov ded by this ARTICLE shall be paid in
cash or in compensatory time s determined by the Employer.
A ICLE X - CALL BACK
10. 1 The EMPLOYER retains the righ to call back employees before an
� employee has started a normal work day or normal work week and after
an employee has completed a n rmal work day or normal work week.
10 2 Employees called back shall r ceive a minimum of four (4) hours' pay
at the basic hourly rate.
10 3 The hours worked based on a c 11-back shall be compensated in
accordance with Article 9 (OV RTIME) , when applicable, and subject to
the minimum established by 10.2 above.
10 4 Employees called back four (4) hours or less prior to their normal
. work day shall complete the n rmal work day and be compensated only
for the overtime hours worked in accordance with Article 9 (OVERTIME) .
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ARTICLE XI - WORK LOCATION
11.1 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 discretion of the EMPLOYER.
11.2 Employees assigned to work locations during the normal work day other
than their original assignment, and who are required to furnish their
own transportation, shall be compensated for mileage.
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A TICLE XII - WAGES
. 1 . 1 The basic hourly wage rates s established by Appendix C shall be paid
for all hours worked by an e ployee.
1 .2 Employees who are covered b the fringe benefits listed below shall
continue to be covered by su h benefits. They shall be sub�ect to all
other provisions of the AGR EMENT, but shall not have hourly fringe
benefit contributions and/ r deductions made on their behalf as
provided for by Article 13 ( RINGE BENEFITS) .
12.21 Insurance benefits as established by City of Saint Paul
Resolutions including life, hospital, and health insurance for
early retirees who ha e retired since February 1, 1975. In
. order to be eligible or the health benefits under the early
retiree provision, th employee must:
_ 12.21. 1 Be receiving benefits frotn a public employee
retirement a t at the time of retirement.
12.21.2 Have severed his relationship with the City of Saint
Paul under o e of the early retiree plans.
12.21.3 Inform the P rsonnel Office of the City of Saint Paul
in writing w thin 60 days of employee's early
retirement d te that he or she wishes to be eligible
for early re iree insurance benefits.
� 12.22 Sick leave as establi hed by Resolution No. 3250, Section 20.
12.23 Vacation as establish d by Resolution No. 6446, Section I,
Subdivision H; howeve , employees in this bargaining unit,
covered by this vacat on provision, shall be granted vacation
at the rate of 160 ho rs in each calendar year.
12.24 Ten (10) legal holida s as established by Resolution No. 6446,
Section I, Subdivisio I.
' 12.25 Severance benefits as established by the School District's
Severance Pay Plan wit a maximum payment of $4,000. or as
established by Sectio 12.26 of this Article.
12.26 Severance Pa : Provisions effective Jul 1, 1984. The
Employer shall provide a severance pay program as set forth in
this Section:
12.26. 1 To be eligible for the severance pay program, an
employee must eet the following requirements:
12.26.11 The mployee must be 58 years of age or older
or ust be eligible for pension under the
"rule of 90" or the "rule of 85" provisions
of t e Public Employees Retirement Association
` (PE ). The "rule of 90" and the "rule of
85" riteria shall also apply to employees
covered by a public pension plan other than
PE
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Article XII - Wages (continued)
12.26.12 The employee must be voluntarily separated �
from School District employment or have been
subject to separation by layoff or compulsory
retirement. Those employees who are dis-
charged for cause, misconduct, inefficiency,
incompetency or any other disciplinary reason
are not eligible for this severance pay
program.
12.26. 13 The employee must have at least ten (10)
years of consecutive service under the
classified or unclassified Civil Service at
the time of separation. For the purpose of �
this Article, employment in either the City
of Saint Paul or in Independent School
District No. 625 may be used in meeting this
ten- (10) year service requirement.
12.26.14 The employee must file a waiver of re-
employment with the Director of Personnel,
which will clearly indicate that by request-
ing severance pay, the employee waives all
claims to reinstatement or re-employment (of
any type) with the City of Saint Paul or with
Independent School District No. 625. �
12.26.15 The employee must have accumulated a minimum
of sixty (60) days of sick leave credits at
the time of his separation from service.
12.26.2 If an employee requests severance pay and if the
employee meets the eligibility requirements set forth
above, he or she will be granted severance pay in an
amount equal to one-half of the daily rate of pay for
the position held by the employee on the date of
separation for each day of accrued sick leave subject .
to a maximum of 200 accrued sick leave days.
12.26.3 The maximum amount of money that any employee may
obtain through this severance pay program is $6,500.
12.26.4 For the purpose of this severance pay program, a death
of an employee shall be considered as separation of
employment and, if the employee would have met all of
the requirements set forth above at the time of his or
her death, payment of the severance pay may be made to
the employee's estate or spouse.
12.26.5 For the purpose of this severance pay program, a trans-
fer from Independent School District No. 625 employment
to City of Saint Paul employment is not considered a �
separation of employment, and such transferee shall not
be eligible for this severance program.
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A ticle XII - Wages (continued)
� 12.26.6 The manner of ayment of such severance pay shall be
made in accor ance with the provisions of the School
District Sever nce Pay Plan already in existence.
12.26.7 This severance pay program shall be subject to and gov-
erned by the p ovisions of the original School District
Severance Pay lan (which allows $4,000 maximum payment)
except in thos cases where the specific provisions of
this section c nflict with said Severance Pay Plan and
in such cases, the provisions of this section shall
control.
12.26.8 Any employee h red prior to February 15, 1974 may, in
' any event, and upon meeting the qualifications of this
section or the original School District Basic Severance
Pay Plan (whic allows $4,000 maximum payment) , draw
� severance pay. However, an election by the employee to
draw severance pay under either this section or the
basic School D strict Severance Pay Plan shall consti-
tute a bar to eceiving severance pay from the other.
12.26.9 An employee of Independent School District No. 625
shall not be eligible for the severance pay provision
of this section if such employee is also eligible and a
recipient of Ea ly Retirement Incentive payment under
any Agreement b tween the exclusive representative and
� the School Dist ict.
12 3 Regular employees not covered y the fringe benefits listed in Article
12.2 shall be considered, or the purposes of this AGREEMENT,
participating employees and s all be compensated in accordance with
Article 12.1 (WAGES) and ha e fringe benefit contributions and/or
deductions made on their behal as provided for by Article 13 (FRINGE
BENEFITS).
12. Provisional, temporary, and e ergency employees shall be considered,
for the purposes of this AGRE ENT, participating employees and shall
be compensated in accordance w th Article 12. 1 (WAGES) and have fringe
benefit contributions and/or deductions made in their behalf as
provided for by Article 13 (FR NGE BENEFITS) .
12. All regular employees employ d after February 15, 1974, shall be
considered, for the purpose of this AGREEMENT, participating employees
and shall be compensated in accordance with Article 12. 1 (WAGES) and
have fringe benefit contribut ons and/or deductions made on their
behalf as provided for by Artic e 13 (FRINGE BENEFITS).
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ARTICLE. XIII - FRINGE BENEFITS
13. 1 The EMPLOYER shall make contributions on behalf of and/or make �
deductions from the wages of employees covered by this AGREEMENT in
accordance with Appendix D for all hours worked.
13.2 Effective May 1, 1986 provisional, probationary, and regular
participating employees 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 XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN
14. 1 The selection of personnel for the class of position Sheet Metal
Foreman shall remain solely with the EMPLOYER. �
14.2 The class of position Sheet Metal Foreman shall be filled by employees
of the bargaining unit on a "temporary assignment".
14.3 All "temporary assignments" shall be made only at the direction of a
designated EMPLOYER supervisor.
14.4 Such "temporary assignments" shall be made only in cases where the
class of positions is vacant for more than one (1) normal work day.
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AR ICLE XV - HOLIDAYS
. 15. 1 The following ten (10) days s all be designated as holidays:
New Year's Day January 1 ;
Martin Luther King Day Third Monday In January (effective 1986)
Presidents' Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Columbus Day Second Monday in October
Veterans' Day November 11
Thanksgiving Day Fourth Thursday in November
Christmas Day December 25.
15.2 When New Year's Day, Indepe dence Day or Christmas Day falls on a
Sunday, the following Mond y shall be considered the designated
holiday. When any of these hree (3) holidays falls on a Saturday,
� the preceding Friday shall be considered the designated holiday.
15.3 The ten (10) holidays shall b considered non-work days.
15.4 If, in the judgment of the EMPLOYER, personnel are necessary for
operating or emergency reason , employees may be scheduled or "called
back" in accordance with Arti le X (CALL BACK) .
15.5 Participating employees as d fined in Articles 12.3, 12.4, and 12.5
working on the holidays liste below shall be paid on a straight-time
� basis:
Martin Luther ing Day
Presidents' Da
Columbus Day
Veterans' Day.
15.6 Participating employees as d fined in Articles 12.3, 12.4, and 12.5
working on the holidays liste below shall be paid at the rate of two
(2) times the basic hourly ra e for all hours worked:
New Year's Day
Memorial Day
Independence D v
Thanksgiving D y
Christmas Day.
1 .7 Participating employees as d fined in Articles 12.3, 12.4, and 12.5
working on Labor Day shall be recompensed for work done on this day by
being granted compensatory t'me on a time and one-half basis or by
being paid on a time and o e-half basis for such hours worked, in
addition to his regular pay.
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Article XV - Holidays (continued)
15.8 - If an employee other than a participating employee entitled to a �
holiday is required to work on Martin Luther King Day (effective
1986) , Presidents' Day, Christopher Columbus Day or Veterans'
Day, he shall be granted another day off with pay in lieu thereof
as soon thereafter as the convenience of the department permits,
or he shall be paid on a straight-time basis for such hours
worked in addition to his regular pay.
- If an employee other than a participating employee entitled to a
holiday is required to work on New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day or Christmas Day,
he 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 his regular pay.
Eligibility for holiday pay shall be determined in accordance with -
Section I, Subsection I of the Saint Paul Salary Plan and Rates of
Compensation.
15.9 In the case of Board of Education employees, if Martin Luther King
Day, Presidents' Day, Columbus Day or Veterans' Day falls on a day
when school is in session, the employees shall work that day at
straight time and another day shall be designated as the holiday.
This designated holiday shall be a day on which school is not in
session and shall be determined by agreement between the employee and
his supervisor. - .
�
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TICLE XVI - DISCIPLINARY PROCED RES
� 1 .1 The EMPLOYER shall have the right to impose disciplinary actions on
employees for �ust cause. ,
1 .2 Discipli.nary actions by the LOYER shall include only the following
actions:
16.21 Oral reprimand;
16.22 Written reprimand;
16.23 Suspension;
16.24 Demotion;
16.25 Discharge.
. 1 .3 Employees who are suspended, demoted or discharged shall have the
right to request that such ctions be reviewed by the Civil Service
Commission or a designated Board 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, dem tion or discharge shall be considered a
"grievance" for the purpose of processing through the provisions of
Article 23 (GRIEVANCE PROCEDU E).
A TICLE XVII - ABSENCES FROM WORK
• 1 . 1 Employees who are unable to eport for their normal work day have the
responsibility to notify the r supervisor of such absence as soon as
possible, but in no event lat r than the beginning of such work day.
1 .2 Failure to make such notifi ation may be grounds for discipline as
provided in Article 17 (DISCI LINARY PROCEDURES).
17.3 Failure to report for wor without notification for three (3)
consecutive normal work davs may be considered a "quit" by the
EMPLOYER on the part of the e ployee.
•
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ARTICLE XVIII - SENIORITY
18.1 Seniority, for the purposes of this AGREEMENT, shall be defined as �
follows: :
18. 11 "Master Seniority" - The length of continuous regular and
probationary service with the EMPLOYER from the last date of
employment in any and all class titles covered by this
AGREEMENT.
18. 12 "Class Seniority" - The length of continuous regular and
probationary service with the EMPLOYER from the date an
employee was first appointed to a class title covered by this
AGREEMENT.
18.2 Seniority shall not accumulate during an unpaid leave of absence,
except when such a leave is granted for a period of less than thirty
(30) calendar days; is granted because of illness or injury; is
granted to allow an employee to accept an appointment to the
unclassified service of the EMPLOYER or to an elected or appointed
full-time position with the UNION.
18.3 Seniority shall terminate when an employee retires, resigns or is
discharged.
18.4 In the event it is determined by the EMPLOYER that it is necessary to
reduce the work force, employees will be laid off by class title �
within each Department based on inverse length of "Class Seniority".
Employees laid off shall have the right to reinstatement in any
lower-paid class title, provided employee has greater "Master
Seniority" than the 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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TICLE XIX - JURISDICTION
• 1 . 1 Disputes concerning work ju isdiction between and among unions is
recognized as an appropriate sub�ect for determination by, the various
unions representing employees of the EMPLOYER.
1 .2 The EMPLOYER agrees to b guided in the assignment of work
�urisdiction by any mutual ag eements between the unions involved.
1 .3 In the event of a dispute co cerning the performance or assignment of
work, the unions involved a d the EMPLOYER shall meet as soon as
mutually possible to resolve the dispute. Nothing in the foregoing
shall restrict the right of the EMPLOYER to accomplish the work as
originally assigned pending esolution of the dispute or to restrict
- the EMPLOYER'S basic right to assign work.
1 .4 Any employee refusing to perf rm work assigned by the EMPLOYER and as
clarified by Sections 20.2 and 20.3 above shall be subject to
disciplinary action as p ovided in Article 17 (DISCIPLINARY
PROCEDURES).
1 .5 There shall be no work stopp ge, slow down or any disruption of work
resulting from a work assigmm �t.
AR ICLE XX - SEPARATION
•
20 1 Employees having a probationa y or regular employment status shall be
considered separated from emp oyment based on the following actions:
20. 11 Resignation. Employee resigning from employment shall give
written otice fourteen (14) calendar days prior
to the e fective date of the resignation.
20.12 Retirement. As provid d in Article 15.
20. 13 Discharge. As provid d in Article 17.
20.14 Failure to Re ort for ut . As provided in Article 18.
20 2 Employees having an emergenc , temporary or provisional employment
status may be terminated at t e discretion of the EMPLOYER before the
completion of a normal work d .
AR ICLE XXI - TOOLS
21 1 All employees shall personall provide themselves with the tools of
the trade as listed in Appendi B.
�
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ARTICLE XXII - GRIEVANCE PROCEDURE
22. 1 The EMPLOYER shall recognize Stewards selected in accordance with �
UNION rules and regulations as the grievance representative : of the
bargaining unit. The UNION shall notify the EMPLOYER in writing of
the names of the Stewards and of their successors when so named.
22.2 It is recognized and accepted by the EMPLOYER and the UNION that the
processing of grievances as hereinafter provided is limited by the job
duties and responsibilities of the employees and shall therefore be
accomplished during working hours only when consistent with such
employee duties and responsibilities. The Steward involved and a
grieving employee shall suffer no loss in pay when a grievance is
processed during working hours, provided the Steward and the employee
have notified and received the approval of their supervisor to be �
absent to process a grievance and that such absence would not be
detrimental to the work programs of the EMPLOYER.
22.3 The procedure established by this ARTICLE shall be the sole and
exclusive procedure, except for the appeal of disciplinary action as
provided by 17.3, for the processing of grievances, which are defined
as an alleged violation of the terms and conditions of this AGREEMENT.
22.4 Grievances shall be resolved in conformance with the following
procedure:
Step 1. Upon the occurrence of an alleged violation of this �
AGREEMENT, the employee involved shall attempt to resolve
the matter on an informal basis with the employee's
supervisor. If the matter is not resolved to the employee's
satisfaction by the inforMal discussion, it may be reduced
to writing and referred to Step 2 by the UNION. The written
grievance shall set forth the nature of the grievance, the
facts on which it is based, the alleged section(s) of the
AGREEMEPdT violated, and the relief requested. Any alleged
violation of the AGREEMENT not reduced to writing by the
UNION within seven (7) calendar days of the first occurrence
of_ the event giving rise to the grievance or within the use ,
of reasonable diligence should have had knowledge of the
first occurrence of the event giving rise to the grievance,
shall be considered waived.
Step 2. Within seven (7) calendar days after receiving the written
grievance, a designated EMPLOYER supervisor shall meet with
the UNION Steward and attempt to resolve the grievance. If,
as a result of this meeting, the grievance remains
unresolved, the EMPLOYER shall reply in writing to the UNION
within three (3) calendar days following this meeting. The
UNION may refer the grievance in writing to Step 3 within
seven (7) calendar days following receipt of the EMPLOYER'S
written answer. Any grievance not referred in writing by
the UNION within seven (7) calendar days following receipt
of the EMPLOYER'S answer shall be considered waived. •
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rticle XXII - Grievance Procedu e (continued)
� Step 3. Within seven (7) c lendar days following receipt of a
grievance referre from Step 2, a designa�ed EMPLOYER
supervisor shall m et with the UNION Business Manager or his
designated repre entative and attempt to resolve the
grievance. Withi seven (7) calendar days following this
meeting, the EMPL YER shall reply in writing to the UNION
stating the EMPLOY R'S answer concerning the grievance. If,
as a result of th written response, the grievance remains
unresolved, the U ION may refer the grievance to Step 4.
Any grievance not eferred in writing by the UNION to Step 4
within seven (7) calendar days following receipt of the
EMPLOYER'S answer hall be considered waived.
Step 4. If the grievance r mains unresolved, the UNION may within
seven (7) calendar days after the response of the EMPLOYER
- in Step 3, by w itten notice to the EMPLOYER, request
arbitration of the grievance. The arbitration proceedings
shall be conducted by an arbitrator to be selected by mutual
agreement of the PLOYER and the UNION within seven (7)
calendar days afte notice has been given. If the parties
fail to mutually a ree upon an arbitrator within the said
seven- (7) day per'od, either party may request the Public
Employment Relatio s Board to submit a panel of five (5)
arbitrators. Both he EMPLOYER and the UNION shall have the
right to strike t o (2) names from the panel. The UNION
• shall strike the f rst (lst) name; the EMPLOYER shall then
strike one (1) nam . The process will be repeated and the
remaining person sh 11 be the arbitrator.
2 .5 The arbitrator shall have no right to amend, modify, nullify, ignore,
add to or subtract from t e provisions of this AGREEMENT. The
arbitrator shall consider and decide only the specific issue submitted
in writing by the EMPLOYER a d the UNION and shall have no authority
to make a decision on an other issue not so submitted. The
arbitrator shall be without power to make decisions contrary to or
inconsistent with or modifyi g or varying in any way the application
" of laws, rules or regulations having the force and effect of law. The
arbitrator's decision shall b submitted in writing within thirty (30)
days following close of the h aring or the submission of briefs by the
parties, whichever be later, nless the parties agree to an extension.
The decision shall be based s lely on the arbitrator's interpretation
or application of the express terms of this AGREEMENT and to the facts
of the grievance presented. he decision of the arbitrator shall be
final and binding on the EMPL YER, the UNION, and the employees.
22 6 The fees and expenses for th arbitrator's services and proceedings
shall be borne equally by th EMPLOYER and the UNION, provided that
each party shall be res onsible for compensating its own
representative and witnesses. If either party desires a verbatim
record of the proceedings, i may cause such a record to be made,
• providing it pays for the reco d.
22.7 The time limits in each step of this procedure may be extended by
mutual agreement of the EMPLOY R and the UNION.
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ARTICLE XXIII - RIGHT OF SUBCONTRACT
23. 1 The EMPLOYER may, at any time during the duration of this AGREEMENT, �
contract out work done by the employees covered by this AGREEMENT. In
the event that such contracting would result in a reduction �of the
work force covered by this AGREEMENT, the EMPLOYER shall give the
UNION a ninety (90) calendar day 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 qualify in
accordance with Ordinance No. 14013.
ARTICLE XXIV - NON-DISCRIMINATION
24. 1 The terms and conditions of this AGREEMENT will be applied to .
employees equally without regard to or discrimination for or against,
any individual because of race, color, creed, sex, age or because of
membership or non-membership in the UNION.
24.2 Employees will perform their duties and responsibilities in a
non-discriminatory manner as such duties and responsibilities involve
other employees and the general public.
ARTICLE XXV - SEVERABILITY .
25. 1 In the event that any provision(s) of this AGREEMENT is declared to be
contrary to law by proper legislative, administrative or judicial
authority from whose finding, determination or decree no appeal is
taken, such provision(s) shall be voided. All other provisions shall
continue in full force and effect.
25.2 The parties agree to, upon written notice, enter into negotiations to
place the voided provisions of the AGREEMENT in compliance with the
legislative, administrative or judicial determination.
•
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TICLE XXVI - WAIVER
* 2 . 1 The EMPLOYER and the UNION acknowledge that during the meeting and
negotiating which resulted i this AGREEMENT, each had the right and _-
opportunity to make proposal with respect to any subject concerning
the terms and conditions of employment. The agreements and
understandings reached by th parties after the exercise of this right
are fully and completely set forth in this AGREEMENT.
2 .2 Therefore, the EMPLOYER an the UNION for the duration of this
AGREEMENT agree that the other party shall not be obligated to meet
and negotiate over any te or condition 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.
2 .3 Any and all prior ordinanc s, agreements, resolutions, practices,
• policies, and rules or regul tions regarding the terms and conditions
of employment, to the ex ent they are inconsistent with this
AGREEMENT, are hereby superse ed.
A TICLE XXVII - MILEAGE - INDEPEND NT SCHOOL DISTRICT N0. 625
2 .1 Employees of the School Dist ict under policy adopted by the Board of
Education may be reimbursed for the use of their automobiles for
• school business. To be eli ible for such reimbursement, employees
must receive authorization from the District Mileage Coummittee
utilizing one of the followin plans:
PLAN "A" is reimbursed a the rate of 23C per mile. In addition,
a maximum amount which c n be paid per month is established by an
estimate furnished by th employee and the employee's supervisor.
Another consideration fo establishing the maximum amount can be
the experience of ano her working in the same or similar
position.
Under this plan, it is necessary for the employee to keep a
record of each trip made
PLAN "C" provides for r imbursement based on a per month "lump
sum'a unt. This amoun is determined by the employee's driving
experience under Plan " " for a period of 3 to 6 months. Those
employees receiving an a to allowance under this plan must report
monthly the number of ays the car was available during the
month. A deduction mus be made from the lump sum amount for
each day the employee i on vacation. A deduction need not be
made for an occasional d y of illness or for holiday.
•
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A TICLE XXVIII - DURATION AND PLED E
• 2 . 1 This AGREEMENT shall become effective as of the date of signing,
except as specifically provi ed otherwise in Articles 12 and 13, and
shall remain in effect thro gh the 30th day of April, 1989, and
continue in effect from yea to year thereafter unless notice to
change or to terminate is giv n in the manner provided in 29.2.
28.2 If either party desires t terminate or modify this AGREEMENT
effective as of the date of e piration, the party wishing to modify or
terminate the AGREEMENT shall give written notice to the other party,
not more than ninety (90) or ess than sixty (60) calendar days prior
to the expiration date, pro ided that the AGREEMENT may only be so
terminated or modified effect ve as of the expiration date.
28.3 In consideration of the terms and conditions of employment established
by this AGREEMENT and the r cognition that the GRIEVANCE PROCEDURE
_ herein established is the m ans by which grievances concerning its
application or interpretation may be peacefully resolved, the parties
hereby pledge that during the term of the AGREEMENT:
28.31 The UNION and the empl yees will not engage in, instigate or
condone any concerted ction in which employees fail to report
for duty, willfully ab ent themselves from work, stop work,
slow down their work o absent themselves in whole or part from
the full, faithful per ormance of their duties of employment.
• 28.32 The EMPLOYER will not ngage in, instigate or condone any
lockout of employees.
28.33 This constitutes a ten ative AGREEMENT between the parties
which will be recommen ed by the School Board Negotiator, but
is subject to the appr val of the Administration of the City,
Independent School Dis rict No. 625, and is also sub�ect to
ratification by the As ociation.
AGREED to this�i day of/QQ , , 1987, and attested to as the full
an complete understanding of the parties for the period of time herein
� sp cified by the signature of he follc+wing representatives for the
E LOYER and the ASSOCIATION:
' WI NESSES:
I EPENDENT SCHOOL DISTRICT N0. 62 SHEET METAL WORKERS INTERNATIONAL
ASSOCIATION, LOCAL 10
..�='`�lL�
Sc ool Board Negotiato Business Manager
�
. Ch irman, Board of Education
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�
�����
PENDIX A
� The classes of positions recognized by the EMPLOYER as being
e clusively represented by the UN ON are as follows: •
Senior Mechanical Inspector - Sheet Metal
Sheet Metal Worker - For man
Sheet Metal Worker
Apprentice
Sheet Metal Inspector
a other classes of positions t at may be established by the EMPLOYER
w re the duties and responsibilit es 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
Screwdriver
Scratch Awls
Pliers
Snips, Straight-aviation L and R
Hammers (Tinners) •
Dolly Bar
Combination Square
Prick Punch
10' Tape
Dividers
•
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������
A PENDIX C
� The basic hourly wage rate f r provisional, regular, and probationary
e ployees appointed to the follow ng class of positions and not receiving
t e fringe benefits listed in Arti le 12.2 shall be:
Effective Effective
April 25, 1987 May 7, 1988
Sheet Metal Worker . . . . . . . . $19.44* $19.92*
Sheet Metal Worker Foreman . . . . 20.74* 21.22*
Sheet Metal Inspector. . . . . . . 20.74* 21.22*
, Senior Mechanical Inspector -
Sheet Met 1. . . 21.61* 22.09*
The basic hourly wage rate for temporary and emergency employees
ap ointed to the following class o positions shall be:
Effective Effective
April 25, 1987 May 7, 1988
Sheet Metal Worker. . . . . . . . . . $20.22* $20.72*
• Sheet Metal Worker Foreman. . . . . . 21.57* 22.07*
Sheet MetaZ Inspector . . . . . . . . 21.57* 22.07*
Senior Mechanical Inspector -
Sheet Met 1 . . 22.47* 22.97*
If the Union elects to have the contributions listed in Appendix D
in reased or decreased, the Employ r may adjust the above applicable rates
fo participating employees in s ch a way that the total cost of the
pa kage (wage rate plus contributi ns) remains constant.
The total compensation (wag s and fringes) received by employees
co ered by this Agreement shall be equivalent in money to the total package
pa d by the employer to employee in comparable classifications in the
Ag eement between Local 10 and the Twin City Division of the Sheet Metal,
Ai Conditioning and Roofing Contr ctors Association.
The total package cost shall exclude any costs of payments made for
in ustry promotion and/or advertis ment or any other purposes not directly
an clearly beneficial to the public employer.
• *T ese rates include the $1.70 taxa le vacation deduction.
- 1 -
Appendix C (continued)
�
In the event Local 10 and any sheet metal contractor affiliated or not
affiliated with the Tt,iin City Division of the Sheet Metal, Air Conditioning
and Roofing Contractors Association and doing business in the seven-county
metropolitan area agree to a total commercial package different from the
above total commercial package and which is less than the above total
package, such differences shall be immediately applicable to the total
compensation paid to employees covered by this Agreement.
_ •
•
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APPE IX D
� Effective May 1, 1987, the EMPL YER shall:
(1) contribute $1.72 pe hour for all hours worked by
participating employe s as defined in Articles 12.3, 12.4,
and 12.5 of this AGRE ENT to a Welfare Fund.
(2) contribute $0.95 pe hour for all hours worked by
participating employe s as defined in Articles 12.3, 12.4,
and 12.5 of this AGRE ENT to a Local Pension Fund.
(3) contribute $0.48 pe hour for all hours worked by
participating employe s as defined in Articles 12.3, 12.4,
. and 12.5 of this AGRE MENT to a National Pension Fund.
(4) deduct $1.70 per hour for all hours worked from the earnings
' of participating emp oyees as defined in Articles 12.3,
12.4, and 12.5 of thi AGREEMENT, and forward to a Vacation
Fund.
(5) contribute $0. 17 pe hour for all hours worked by
participating employe s as defined in Articles 12.3, 12.4,
and 12.5 of this AGREEt•fENT to the Journeyman and
Apprenticeship Traini Funds.
Effective May 1, 1988 this contribution shall become $0. 18
• per hour.
(6) contribute $0.01 pe hour for all hours worked by
participating employe s as defined in Articles 12.3, 12.4,
and 12.5 of this AG EEMENT to the Diabetes-Jackson Fund.
This contribution sha 1 be discontinued A ril 30, 1988.
The above contributions may be in reased or decreased as long as the
appl cable hourly rates in Appendi C for participating employees are
decr ased or increased by the same t tal amount.
All contributions and deductions m de in accordance with this Appendix
� shal be forwarded to depositories a directed by the UNION.
The EMPLOYER shall establish Wor ers' Compensation and Unemployment
Comp nsation programs as required by Minnesota statutes.
The EMPLOYER'S fringe benefit obli ation to participating employees as
defi ed in Articles 12.3, 12.4, and 12.5 is limited to the contributions
and/ r deductions established by t is AGREEMENT. The actual level of
bene its provided to employees shall be the responsibility of the Trustees
of t e various funds to which the EMPLOYER has forwarded contributions
and/ r deductions.
•
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