99-30Council File # �9 - 30
ORiGINAL RESOWTION
�,� „ . CITY OF SAINT PAUL, MINNESOTA
Presented
Referred To
Committee Date
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RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
May 1, 1998 through Apri130, 2000 Employment Agreement between the Independent School District
No. 625, Saint Paul Public Schools, and Bricklayers and Allied Craftworkers, Local Union No. 1 of
Minnesota.
Requested by Departrnentof:
Office of Labor Relations
By: ��I'� �
Form Appr ved by Ci ttomey
By: �I� �`� � M "� � �
Adopted by Council: Date
Adoption Certified by Coun
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o Approved Ma or fo u missio t ouncil
cil retary � —
Green Sheet # 62418
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DEPARTMENT/OFFICE/COUNCII.: DATE INTTIATED GREEN SHEET 1vo.: 62 8 Mq9 -3 0
LABOR RELAT'IONS 12/28/98 e�
CONTACT PERSON & PHONE: � WITIALDAY'E A'117AUDA7'E
JULIE KRAUS 266-6513 �IGN 1 DEPARTMEfTf DIR. � a c�rv courecir.
Nu��e z cirY nrroxr�r � crn c�.e�uc
MOST BE ON COUNCII. AGENDA BY (DATE) FOR Hl1flCEf DIlt FIN. & MGT. SERVICE DIR.
ROUTING 3 MAYOR (OR ASST.)�
ORDER
TOTAL # OF SIGNATURE PAGFS 1 (CLIP ALL LOCATIONS FOR SIGNATORE)
ncnox xEQUESren: This resolution approves the attached May 1, 1998 through Apri130, 2000 Employment
Agreement between the Independent Schooi District No. 625, Saint Paul Public Schools, and Bricklayers and
Allied Craftworkers, Local Union No. 1 of Minnesota.
RECOMMEPIDA7TONS: Approve (A) or Reject (R) PERSONAL SERVICE CON'fRACfS MUST AIVSWER TAE FOLLOWING
QUESCIONS:
PLANNING COMIvIISSION _CIVIL SERVICE COMMISSION 1. Has this person/fiIm ever worked under a conhact for this depaziment?
_CIB COMbIITt'EE Yes No
_STAFF 2- Haz this person/fivn ever been a city employee?
_DISIRICTCOURT Yw No
SUPPORTS WHICH WUNCIL OBJECTIVE? 3. Dces this person/firm possess a skill not nortnally possessed by any cucrent city employee?
Yes No
Explain alI yes soswers on separate sheet and at[ach to green sheet
INTTIAITNG PROBLEM, ISSUE, OPPOA7'UNI1'Y (Whq Whafi, When, Where, W6y):
This Agreement pertains to Boazd of Education employees only.
ADVANTAGES IF APPROVED:
DISADVANfAGES IF APPROVED: ,
C �S.a`'°:':ii i9r�n�..•i;"' q?�.`'x°�
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DISADVANTAGES IF NOT APPROVED:
TOTAL AMOUNT OF TRANSACI'fON: COST/REVENOE BUDGETED: ��CEIVED
FUNDING SOURCE: ACTIVITY NUMBER:
Fnv,uvciaL avFOxMnrioN: ��Lnnv� D E G� Q?998
�IAYOR'S O�FICE
INDEPENDENT SCHOOL DISTRICT NO. 625 d �
BOARD OF EDUCATION a.l' �
SAINT PAUL PUBLIC SCHOOLS
DATE: June 16, 1998
TOPIC: Approval of an Employment Agreement With Bricklayers and Allied
Craftworkers, Loca( Union No. 1 of Minnesofa, to Establish Terms and
Conditions of Employment for 1998-2000
A. PERTINENT FACTS:
1. New Agreement is for the two-year period May 1, 1998 through April 30, 2000.
2. The language provisions of the previous contract remain essentially unchanged, except for
necessary changes to dates and outdated references.
3. The DistricY has one regular F.T.E. in this bargaining unit.
4. Wage and benefits changes reflect prevailing wage for the industry.
5. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager;
Richard Kreyer, Negotiations/Labor Relations Manager; and William A. Larson, Assistant
Superintendent, Fiscal Affairs and Operations.
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement conceming the terms and conditions of employment of those employees in this schooi
district for whom Bricklayers and Allied Craftworkers, Local Union No. 1 of Minnesota, is the
exclusive representative; duration of said Agreement is for the period of May 1, 1998 through
April 30, 2000.
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ARTICLE TITLE
Article 1.
Article 2.
Article 3.
Articie 4.
Article 5.
Article 6.
Article 7.
Article 8.
Article 9.
Article 10.
Article 11.
Article 12.
Article 13.
Article 14.
Artic{e 15.
Article 16.
Article 17.
Articie 18.
Articie 19.
Article 20.
Article 21.
Article 22.
Article 23.
Article 24.
Article 25.
Article 26.
Article 27.
Article 28.
TABLE OF CONTENTS n �.s �� �
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PAGE
Preamble .................................................................................................... i v
Purpose .......................................................................................................1
Recognition ..................................................................................................1
Employer ..........................................................................................1
UnionRights ................................................................................................2
Scope the Agreement ................................................................................ 2
Probationary Periods ..................................................................................3
Philosophy of Employment and Compensation ............................................ 3
Hoursof Work .............................................................................................4
Ove rt i m e ...................................................................................................... 4
CailBack ......................................................................................................5
WorkLocation .............................................................................................5
Wages ........................................................................................................... 6
Fringe Benefits ............................................................................................9
Selection of Lead Brickiayer and General Lead Bricklayer ........................9
Ho{idays .....................................................................................................1 0
Disciplinary Procedures ...........................................................................11
Absences Work ................................................................................. i 1
Seniority ...................................................................................................i 2
Jurisdiction...............................................................................................1 3
Separation .................................................................................................1 3
Tools ..........................................................................................................1 3
Grievance Procedure .......................................................................... i 4-1 5
Right Subcontract .................................................................................. i 6
Non -Discrimination ..................................................................................i 6
Severability ..............................................................................................i 6
W aive r .......................................................................................................1 7
Mileage - Independent School District No. 625 ........................................1 7
Duration Pledge ...................................................................................1 8
Appendix ............................................................................................1 9
Appendix ............................................................................................1 9
Appendix .....................................................................................20-21
Appendix ............................................................................................2 2
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PREAMBLE
This Agreement is entered into between Independent School District No. 625, hereinafter
referred to as the Empioyer and the Brickiayers and Aliied Craftsworkers Locai Union
No. 1, hereinafter referred to as the Union.
The Employer and the Union concur that this Agreement has as its objective the
promotion of the responsibilities of the Independent School District No. 625 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 i n
the Agreement but rather primarily on attitudes beriveen 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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ARTICLE 1. PURPOSE
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The Employer and the Union agree that the purpose for entering into this
Agreement is to:
1.1 .1 Achieve orderly and peaceful relations, thereby establishing a system of
uninterrupted operations and the highest level of employee performance
that is consistent with the safety and well-being of all concemed;
1.1.2 Set forth rates of pay, hours of work, and other conditions of
employment as have been agreed upon by the Empioyer and the Union;
1.1 .3 Establish procedures to order{y and peacefu4ly resolve disputes as to the
application or interpretation of this Agreement without loss of
productivity.
1.2 The Employer and the Union agree that this Agreement serves as a supplement to
legislation that creates and directs the Employer. lf any part ofi this 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 Articie 25 (Severability).
ARTICLE 2. RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative for collective
bargaining purposes for all personnel having an empioyment status of regular,
probationary, and temporary employed in the, classes of positions defined in 2.2
as certified by the Bureau of Mediation Services in accordance with
Case No. 90-PCL-3142 dated February 2, 1990.
2.2 The classes of positions recognized as being exclusively represented by the Union
are as listed in Appendix A.
ARTICLE 3. EMPLOYER RIGHTS
3.1 The Employer retains the right to operate and manage all manpower, facilities,
and equipment; to establish functions and programs; to set and amend budgets; to
determine the utitization of technology; to establish and modify the organizational
structure; to select, direct, and determine the number of personnel; and to
perform any inherent manageriai function not specifically limited by this
Agreement.
3.2 Any "term or condition of empfoyment° not established by this Agreement sfiall
remain with the Employer to eliminate, modify or establish foliowing written
notification to the Union.
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ARTICLE 4. 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.
4.1 .1 The Employer shail not deduct dues from the wages of employees covered
by this Agreement for any other labor organization.
4.1 .2 The Union shall indemnify and save harmiess the Employer from any
and all claims or charges made against the Employer as a result of the
implementation ot 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 right and responsibilities as designated in Article 22
(Grievance Procedure).
4.3 Upon notification to a designated Employer supervisor, the President of the Union
or the designated representative shall be permitted to enter the facilities of the
Employer where employees covered by this Agreement are working.
ARTICLE 5. SCOPE OF THE AGREEMENT
5.1 This Agreement establishes the `terms and conditions of employment" defined by
Minnesota Statute § 179A.03, Subdivision 19, for all employees exclusively
represented by the Union. This Agreement shali supersede such °terms and
conditions of empioyment" established by Civil Service Rule, Council Ordinance,
and Council Resolution.
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ARTICLE 6. PROBATIONARY PERIODS
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• 6.1 AII personnel, originaily hired or rehired foilowing separation, in a regular
+ employment status shali serve a six (6) month probationary period during
which time the employee's fitness and ability to pertorm the class of positions'
duties and responsibilities shali be evaluated.
6.1.1 At any time during the probationary period an employee may be
terminated at the discretion of the Empioyer without appeal to the
provisions of Article 22 (Grievance Procedure).
6.1 .2 An employee terminated during the probationary period shall receive a
written notice of the reason(s) for such termination, a copy of which
shall be sent to the Union.
6.2 All personnei promoted to a higher class of positions shall serve a six (6) month
promotional probationary period during which time the employee's fitness and
ability to perform the class of positions' duties and responsibilities shall be
evaluated.
6.2.1 At any time during the promotional probationary period an empioyee
may be demoted to the employee's previousiy-held class of positions at
the discretion of the Employer without appeal to the provisions of
Article 22 (Grievance Procedure).
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be returned to the employee's previously-held class of positions and
shall receive a written notice of the reasons for demotion, a copy of
which shall be sent to the Union.
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ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The Employer and the Union are in full agreement that the philosophy of
empioyment and compensation shall be a°cash" hourly wage and "industry"
fringe benefit system.
7.2 The Employer shaff compensate empfoyees for af{ hours worked at the basic
hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages)
and 13 (Fringe Benefits).
7.3 No other compensation or fringe benefit shall be accumulated or earned by an
empioyee except as specificalty psovided for in this Agreement; except those
employees who have individually optioned to be °grandfathered" as provided by
Articie 12.2.
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ARTICLE 8. HOURS OF WORK
8.1 The normai workday 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 workdays Monday
through Friday.
8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment
to establish second and third shifts or a work week of other than Monday through
Friday, the Union agrees to enter into negotiations immediately to establish the
conditions of such shifts and/or work weeks.
8.4 This Section shall not be construed as, and is not a guarantee of, any hours of
work per normal workday or per normai 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 workday unless otherwise directed by
their supervisor.
8.6 All employees are subject to call back by the Employer as provided by Article 1 0
(Call Back).
8.7 Employees reporting for work at the established starti�g time and for whom no
work is available shall receive pay for two (2) hours, at the basic hourly rate,
uniess notification has been given not to report for work prior to leaving home,
or during the previous workday,
ARTICLE 9. OVERTIME
9.1 All overtime compensated for by the Employer must receive prior authorization
from a designated Employer supervisor. No overtime work claim will be honored
for payment or credit unless approved in advance. An overtime claim will not be
honored, even though shown on the time card, unless the required advanoe
approval has been obtained.
9.2 The overtime rate of one and one-half (1-1/2) the basic hourly rate shall be
paid for work performed under the following circumstances:
9.2.1
9.2.2
9.3
9.4
Time worked in excess of eight (8) hours in any one normal workday,
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Time worked in excess of forty (40) hours in a seven (7)-day period.
For the purposes of calculating overtime compensation, overtime hours worked
shall not be "pyramided " compounded or paid twice for the same hours worked.
Overtime hours worked as provided by this Article shall be paid in cash or in
compensatory time as determined by the Empioyer.
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ARTICLE 1 0. CALL BACK
• 10.1 The Employer retains the right to caii back employees before an empioyee has
• started a normal workday or normal work week and after an employee has
completed a normal workday or normal work week.
' 1 0.2 Employees called back shall receive a minimum of four (4) hours ofi pay at the
basic houriy rate.
10.3 The hours worked based on a cali back shall be compensated in accordance with
Article 9(Overtime), when appiicable, and subject to the minimum established
by 10.2 above.
1 0.4 Employees called back four (4) hours or less prior to their normal workday
shall complete the normal workday and be compensated only for the overtime
hours worked in accordance with Article 9(Overtime).
ARTICLE 1 1. WORK LOCATION
1 1.1 Employees shall report to work location as assigned by a designated empioyer
� supervisor. During the normal workday, employees may be assigned to other
work locations at the discretion of the Employer.
1 1.2 Employees assigned to work locaYions during the normal workday other than their
original assignment, and who are required to furnish their own transportation,
shall be compensated for mileage as set forth in Article 27 (Mileage).
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ARTICLE ] 2. WAGES
12.1 The basic hourly wage rate as established by Appendix C shall be paid for all •
hours worked by an employee. �
i 2.2 Employees who were covered by the fringe benefits listed below prior fo
February 4, 1974, shall continue to be covered by such benefits. They shail be
subject to all other provisions of the Agreement, but shall not have hourly fringe
benefit contributions and/or deductions made on their behalf as provided for by
Articie 13 (Fringe Benefits).
12,2.1 Insurance premium contributions as estab(ished by the Empioyer
including life, hospital, and health insurance premium contributions as
established as of the date of the early retirement for early retirees who
have retired since May 8, 1978 until such time as they reach
sixty-five (65) years of age. In order to be eligible for the insurance
premium contributions under the early retiree provision, or retiree
provision the employee must:
12.2.1 .1 Be receiving benefits from a public employee retirement act
at the time of retirement.
12.2.1 .2 Have severed the employment relationship with the City of
Saint Paul and Independent Schooi District No. 625 under
one of the early retiree plans.
12.2.1.3 Inform the Human Resource Office of Independent School �
District No. 625 and the City of Saint Paul in writing
within sixty (60) days of the employee's early retirement
date that he or she wishes to be eligible for early retiree
insurance benefits.
12.2.1,4 Retiree prior to April 30, 2000.
12.2.2 Sick leave as established by Civi! Service Rules, Section 20.
12.2.3 Vacation as established by the Saint Paul Saiary Plan and Rates of
Compensation, Section I, subdivision H.
12.2.4 Ten (10) legal holidays as established by the Saint Paul Salary Plan and
Rates of Compensation, Section 1. Subdivision I.
12.2.5 Severance benefits as established by the School District's Severance
Pay Plan with a maximum payment of $4,000. or as established by
Section 12.26 of this Article.
12.2.6 Severance Pay: Provisions effective September 1. i 984. The
Employer shall provide a severance pay program as set forth in this
Article:
12.2.6.1 To be eligible for the severance pay program, an employee
must meet the following requirements: �
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ARTICLE 12. WAGES (continued)
12.2.6.1.1 The employee must be fifty-eight (58) years of
age or older or must be eligible for pension
under the °Rule of 85° or the °Rule of 90"
provisions of the Public Employees Retirement
Association (PERA). The "Rule of 85' or the
"Rule of 90" criteria shall also apply to
employees covered by a public pension plan
other than PERA.
12.2.6.1.2 The employee must be voluntarily separated
from School District empioyment or have been
subject to separation by layoff or compulsory
retirement. Those employees who are
discharged for cause, misconduct, inefficiency,
incompetency or any other disciplinary reason
are not eligible for this severance pay program.
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12.2.6.1.3 The employee must have at least ten (10) years
of consecutive service under ihe classified or
unciassified Civil Service at the time of
separation. For the purpose of this Article,
empioyment in either the City of Saint Paul o r
in Independent School District No. 625 may be
used in meeting this ten (10)-year service
requirement.
12.2.6.1.4 The employee must file a waiver of
re-empioyment with the Directors oi
Personnel, for Independent School District No.
625 and the City of Saint Paul which w i I I
clearly indicate that by requesting 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.
12.2.6.1.5 The empfoyee must have accumufated a
minimum of sixty (60) days of sick leave
credits at the time of his separation from
service.
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12.2.6.2 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-ha�f
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 total payment of $7,500.
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ARTICLE 12. WAGES (continued)
12.2.6.3 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.
12.2.6.4 �or the purpose of this severance pay program, a transfer
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.
12.2.6.5 The manner of payment of such severance pay shall be made
in accordance with the provisions of the School District
Severance Pay Plan already in existence.
12.2.6.6 This severance pay program shall be subject to and govemed
by the provisions of the original School District Severance
Pay Plan (which allows $4,000 maximum payment)
except in those cases where the specific provisions of this
Section conflict with said Severance Pay Plan and in such
cases, the provisions of this Section control.
12.2.6.7 Any employee hired prior to February 15, 1974, may, i n .
any event, and upon meeting the qualifications of this
Article or the original School District Basic Severance Pay
Plan (which allows $4,000 maximum payment), draw
severance pay. However, an election by the employee to
draw severance pay under either this Article or the basic
School District Severance Pay Plan shall constitute a bar
to receiving severance pay from the other.
12.2.6.8 An employee of Independent School District No. 625 shall not
be eligible for the severance pay provision of this Article
if such employee is also eligible and a recipient of Early
Retirement Incentive payment under any Agreement
between the exclusive representative and the School
Disirict.
12.2.7 Flexible Expense Accounts Plan: It is the intent to maintain during the
term of this Agreement a plan for medical and child care expense
accounts to be available to employees in this bargaining unit who are
eligible for Employer-paid premium contribution for health insurance
for such expenses, within the established legal regulations and IRS
requirements for such accounts.
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ARTICLE '12. WAGES (continued)
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• 1 2.3 Regular employees not covered by the fringe benefits listed in Article 12.2 shail
be considered, for the purposes of this Agreement, participating employees and
shall be compensated in accordance with Article 12.1 (Wages) and have fringe
benefit contributions and/or deductions made on their behaif as provided for by
Article 13 (Fringe Benefits).
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12.4 Temporary employees shail be considered, for the purposes of this Agreement,
participating employees and shall be compensated in accordance with
Article 12.1 (Wages) and have fringe benefit contributions and/or deductions
made in their behaif as provided for by Article 13 (Fringe Benefits).
1 2.5 All regular employees employed after February 15, 1974, shall be considered,
for the purpose of this Agreement, participating empioyees and shall be
compensated in accordance with Article 12.1 (Wages) and have fringe benefit
contributions andfor deductions made on tfieir beha4f as provided for by
Article 13 (Fringe Benefits).
ARTICLE 1 3. FRINGE BENEF{TS
1 3.1 The Employer shall make contributions on behalf of and/or make deductions from
� the wages of participating employees as defined in Articles 12.3, 12.4, and 1 2.5
covered by this Agreement in accordance with Appendix D for all hours worked.
ARTICLE 14. SELECTION OF LEAD BRICKLAYER AND GENERAL LEAD BRICKLAYER
14.1 The selection of personnel for the class of position of Lead Bricklayer shali
remain solely with the Employer.
14.2 The class of position of Lead Bricklayer shall be filled by employees of the
bargaining unit on a"temporary assignment."
14.3 All "temporary assignments" shall be made oniy at the direction of a designated
Employer supervisor.
1 4.4 Such "temporary assignmenls" shall be made oniy in cases where the class of
' positions is vacant for more than one (1) normal workday.
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ARTICLE 15. HOLIDAYS
15.1 The following ten (10) days shall be designated as holidays:
New Years Day
Martin Luther King, Jr. Day
Presidents' Day
Memoriai Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
The Day After Thanksgiving
Christmas Day
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Fourth Thursday in November
Fourth Friday in November
December 25
15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the
following Monday shall be considered the designated holiday. When any of these
three (3) holidays falls on a Saturday, the preceding Friday shall be considered
the designated holiday.
15.3 The ten (10) holidays shall be considered non workdays.
15.4 If, in the judgment of the Employer, personnel are necessary for operating o r
emergency reasons, employees may be scheduled or "called back" in accordance
with Articie 10 {Call Back).
15.5 Employees assigned to work on Martin Luther King, Jr. Day, Presidents' Day, the
day after Thanksgiving or Veterans' Day shall be compensated on a straight-time
basis for such hours worked.
15.6 Such participating employees assigned to work on New Year's Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be
compensated at the rate of two (2) times the basic hourly rate for such hours
worked.
15.7 If an emp(oyee is required to work on Martin Luther King, Jr. Day, Presidents'
Day, the day after Thanksgiving or Veterans' Day, the employee shall be granted
another day off with pay in lieu thereof as soon thereafter as the convenience of
the department permits or the employee shall be paid on a straight-time basis
for such hours worked, in addition to the regular holiday pay.
If an employee is required to work on New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day or Christmas Day, the employee
shall be compensated 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 regular holiday pay.
Eligibility for holiday pay shall be determined in accordance with Section
(one), Subsection I of the Saint Paul Salary Plan and Rates of Compensation.
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ARTICLE 15. HOLIDAYS (continued)
• 15.8 Employees entitled to a holiday, if Martin Luther King, Jr. 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 i n
session and shall be determined by Agreement between the employee and the
supervisor.
ARTICLE 16. DISCIPLINARY PROCEDURES
16.1 The Employer shall have the right to impose disciplinary actions on empioyees
for just cause.
16.2 Disciplinary actions by the Employer shall include only the foliowing actions:
16.2.1 Oral reprimand;
16.2.2 Written reprimand;
16.2.3 Suspension;
16.2.4 Demotion;
16.2.5 Discharge.
. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under
Mi�nesota Statute § 179a.20, Subd. 4, and thereby shali have the right to
request that such actions be considered a"grievance" for the purpose of
processing through the provisions of Article 22 (Grievance Procedure). Once an
employee or the Union acting in the employees behaif initiates review of an
action, that matter shall not be reviewed in another forum. Oral reprimands
shall not be subject to the grievance review procedures.
ARTICLE 17. ABSENCES FROM WORK
17.1 Empioyees who are unable to report for their normal workday have 4he
responsibility to notify their supervisor of such absence as soon as possible, but
in no event later Yhan the beginning of such workday.
17.2 Failure to make such no4ification may be grounds for discipline as provided i n
Article 16 (Disciplinary Procedures).
17.3 Failure to report for work without notification for three (3) consecutive normal
workdays may be considered a"quit° by the Empioyer on the part of the
employee.
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ARTICLE 18. SENIORITY
18.1 For the purpose of this Article the following terms shall be defined as follows: •
18.1.1 The Term, "Employer," Shall Mean Independent School District
No. 625, Saint Paul Public Schools.
18.1 .2 The term, "Master Seniority," shall mean the length of continuous
regular and probationary service with the Empioyer from the date an
employee was first appointed to any class title with the Employer
covered by this Agreement.
18.1.3 The term, "Class Seniority" shall mean the length of continuous
regular and probationary service with the Employer from the date an
employee was first appointed to a position with the Employer in a ctass
title covered by this Agreement.
This Section 18.1.3 is intended to mean that for any person no matter
what the person's prior experience or how hired by the District, the
person's class seniority starts at zero the day of appointment to a School
District position in that title and begins to be calculated from that date.
An employee's Class Seniority dces not revert to zero following recall
from an Employer initiated layoff within the twenty-four (24)-month
recall rights period specified in 18.4. This definiiion of class seniority
would be used for all layoff decisions.
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 o r
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
workforce, employees will be laid off by class title within each Department based
on inverse length of "Class Seniority" Employees laid off by the Employer shall
have the right to reinstatement in any lower-paid class title previously held
which is covered by this Agreemeni, provided the employee has greater "Class
Seniority" than the employee being replaced. Recall from IayoH shall be i n
inverse order of layoff, except thaY recall rights shall expire after twenty-four
(24) months from the last day of work preceding the layoff. No other Civil
Service recall rights to this Employer shall apply. This provision does not
address any righis the employee may have to be recalled to any other employer.
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. JURISDICTION
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19.1 Disputes conceming work jurisdiction between and among unions is recognized as
an appropriate subject to determination by the various unions representing
employees of the Employer.
1 9.2 The Employer agrees to be guided in the assignment of work jurisdiction by
mutual agreements between the unions involved.
1 9.3 In the event of a dispute concerning the performance or assignment of work, the
unions involved and the Employer shall meet as soon as mutualiy possible to
resolve the dispute. Nothing in the foregoing shaii restrict the right of the
Employer to accomplish the work as originally assigned pending resolution of the
dispute or to restrict the Employer's basic right to assign work.
19.4 Any employee refusing to perform work assigned by the Employer and as
clarified by Sections 19.2 and 19.3 above shall be subject to disciplinary action
as provided in Article 16 (Disciplinary Procedures).
1 9.5 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 probationary or regular employment status shall be
considered separated from employment based on the foilowing actions:
20.1 .1 Resignation. Employees resigning from employment shall give written
notice fourteen (14) calendar days prior to the effective date of the
resignation.
20.1.2 Discharae. As provided in Article 16.
20.1 .3 Failure to Report for Duty. As provided in Articie 17.
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20.2 Employees having a temporary employment status may be terminated at the
discretion of the Employer before the completion of a normal workday.
AflTiCLE 21. TOOLS
21 .1 All employees shall personally provide themselves with the tools of the trade �
listed in Appendix B.
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ARTICLE 22. 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
shali notify the Employer in writing of the names of the Stewards and their
successors when so named.
22.2 It is recognized and accepted by the Employer and the Union that ihe 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 empioyee have notified and received the approval of their
supervisar to be absent to process a grievance and that such absence wouid not be
detrimental to work programs of the Employer.
22.3 The procedure established by this Article shall except as previously noted in
Article 16 (Disciplinary Procedures), be the sole and exclusive procedure 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:
Ste° 1. Upon the occurrence of an alleged violation of this Agreement, the
employee involved shall attempi 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 llnion. The written
grievance shall set forth the nature of the grievance, the facts on which
it is based, the alleged section(s) of the Agreement violated, and the
relief requested. Any alleged violation of the Agreement not reduced to
writing by the Union within seven (7) 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
or the event giving rise to the grievance, shalf be considered waived.
Ste° 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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ARTICLE 22. GRIEVANCE PROCEDURE (continued)
• Ste� 3. Within seven (7) calendar days following receipt of a grievance
referred from Step 2, a designated Empfoyer Supervisor shall meet
with the Union President or the designated representative and attempt to
resolve the grievance. Within seven (7) calendar days foliowing this
meeting, the Employer shali reply in writing to the Union stating the
Employer's answer conceming the grievance. If, as a result of the
written response, the grievance remains unresolved, the Union may
refer the grievance to Step 4. Any grievance not 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.
Steo 4. If the grievance remains unresolved, the Union may within seven ( 7)
calendar days after the response of the Employer in Step 3, by written
notice to the Employer, request arbitration of the grievance. lhe
arbitration proceedings shall be conducted by an arbitrator to be
selected by mutual agreement of the Employer and the Union within
seven (7) calendar days after notice has been given. If the parties fail
to mutually agree upon an arbitrator within the said seven (7)-day
period, either party may request the Bureau of Mediation Services to
submit a panei of five (5) arbitrators. Both the Employer and the
Union shall have the righi to strike two (2) names from the panel. The
Union shall strike the first (1st) name; the Employer shall then strike
one (1) name. The process will be repeated and the remaining person
� shall be the arbitrator.
22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or
subtract from the provisions of this Agreement. The arbitrator 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 arbitrator shall be without power to make decisions contrary to
or inconsistent with or modifying or varying in any way the application of laws,
rules or regulations having the force and effect of law. The arbitrator's decision
shall be submitted in writing within thirty (30) days following close of the
hearing or the submission of briefs by the parties, whichever be later, unless
the parties agree to an e�ension. The decision shall be based solely on the
arbitrator's interpretation or application of the express terms of this Agreement
and to the facts of the grievance presented. The decision of the arbitrator shall be
final and binding on the Employer, the Union, and the employees.
22.6 The fees and expenses for the arbitrator's services and proceedings shall be
borne equally by the Employer and the Union, provided that each party shall be
responsible for compensating its own representative and witnesses. If either
party desires a verbatim record of the proceedings, it may cause such a record to
be made, providing it pays for the record.
22.7 The time limits in each sYep of this procedure may be extended by mutuai
agreemeni of the Employer and the Union.
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ARTICLE 23. RIGHT OF SUBCONTRACT
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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 workforce covered by this
Agreement, the Empioyer 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 24. 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 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.
ARTICLE 25. SEVERABILITY
25.1 In the event that any provision(s) of this Agreement is declared to be contrary to
law by proper legisiative, 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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ARTICLE 26. WAIVER
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• 26.1 The Employer and the Union acknowledge that during the meeting and negotiating
which resulted in this Agreement, each had the right and opportunity to make
proposals with respect to any subject conceming the terms and conditions of
employment. The agreements and understandings reached by the parties after the
exercise of this right are fully and completeiy set forth in this Agreement.
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26.2 Therefore, the Empioyer and the Union for the duration of this Agreement agree
that the other party shall not be obligated to meet and negotiate over any term o r
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.
26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and
rules or regulations regarding the terms and conditions of employment, to the
extent they are inconsistent with this Agreement, are hereby superseded.
ARTICLE 27. MILEAGE - INDEPENDENT SCHOOL DISTRICT NO. 625
27.1 Employees of the School District under policy adopted by the Board of Education
� may be reimbursed for the use of their automobiles for school business. To be
eligible for such reimbursement, empioyees must receive authorization from the
District Mileage Committee utilizing one of the following plans:
PLAN `A", effective with the adoption of this Agreement, is
reimbursed at the current Board of Education approved rate o r
31¢ per mile, whichever is more. In addition, a maximum
amount which can be paid per month is estabiished by an
estimate furnished by the employee and the employee's
supervisor.
Another consideration for establishing the maximum amount can
be the experience of another employee working in the same o r
similar position.
Under this pian, it is necessary for the employee to keep a
record of each trip made.
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ARTICLE 28. DURATION AND PLEDGE
28.1 This Agreement shall become effective as of the date of signing, except as specifically
provided otherwise in Articles 12 and 13, and shall remain in effect through the
30th day of Aprii 2000, and continue in effect from year to year thereafter unless
notice to change or to terminate is given in the manner provided in 28.2.
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 sixty ( 6 0)
calendar days prior to the expiration date, provided that the Agreement may oniy be
so terminated or modified effective as of the expiration date.
28.3 in consideration of the terms and conditions of employment established by this
Agreement and the recognition that the Grievance Procedure herein estabiished is the
means by which grievances concerning its appiication or interpretation may be
peacefuily resolved, the parties hereby pledge that during the term of the Agreement:
2B.3.1 The Union and the employees wiil not ergage in, instigate or Condone any
concerted action in which employees fail to report for duty, wiiifuity
absent themselves from work, stop work, slow down their work or absent
themseives in whoie or part from the futt, fakhful performance of their
duties of employment.
28.3.2 The Employer will not engage in, instigate or condone any lockout of
empioyees.
28.3.3 This constitutes a tentative Agreement behveen the parties which will be
recommended by the school board negotiator, but is subject to the approval
of the Board of Education, and is also subject to ratification by the Union.
Agreed to and attested to as the full and complete understanding of the parties for the period of
time herein specified by the signature of the foilowing representatives for the Employer and
the Union.
WITNESSES:
INDEPENDENT SCHOOL DISTRICT NO. 625
Assistant Manager
7 y8
Dat
AND ALLIED
RSILOCAL 1 OF MINNESOTA
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Dat
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APPENDIX A
• The classes of positions recognized by the Empioyer as being exclusively represented by
r the Union are as foilows:
Brickiayer
Lead Bricklayer
Apprentice - Bricklayer
•
and other classes of positions that may be established by the Employer where the duties
and responsibilities assigned come within the jurisdiction of the Union.
I177��
All necessary hand tools.
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APPENDIX C
C-1 . The total hourly cost to the Empioyer for wages plus any and all contributions or
deductions stated in Appendix D of this Agreement shail not exceed the following
amounts:
Effective
4-25-98
Bricklayer
Lead Brickiayer
E�'�
$32.35
Effective
5-1 -99
$32.30
$33.70
C-2. The total tauabie hourly rate including wages and the vacation and working
assessment contributions in Appendix D and excluding all other benefit costs and
obligations in Appendix D, for regular and probationary employees appointed to
the following classes of positions and who are not covered by the Empioyer's
benefit package described in Article 122 shall be as follows:
Effective
4-25-98
Bricklayer
Lead Bricklayer
$22.73
$24.1 6
Effective
5-1-99
C-2A. The basic hourly wage rates in this Appendix (C-2A) are for compensation
analysis purposes only. These figures represent the portion of the
Appendix C-1 rates above specifically allocated to wages. These rates
do NOT include taxable benefit contributions and therefore should NOT
be used for taxable payroll calculations. See Appendix C-2 above for
total tauable payroll information.
Effective
4-25-98
Bricklayer
$20.73
Effective
5-1-99
.
Lead Bricklayer $22.16 '
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APPENDIX C (continued)
• C-3. The total taxable hourly rate including wages and the vacation contribution i n
� Appendix D for temporary employees appointed to the following classes of
positions shail be:
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Effective Effective
4-25-98 5-1-99
Bricklayer $23.91 �
Lead Bricklayer $25.41 '
If a temporary employee working in a title listed in this Appendix C-3 becomes
subject to the requirements of the Public Employees Retirement Act (PERA),
which thereby requires the Employer to make contributions to PERA, the
calculated hourly base rate may change so the Employer's cost does not exceed the
amounts listed in C-1 above.
NOTES FOR APPENDICES C-2. C-2A AND C-3:
` The April 25, 1998, hourly rates in Appendices C-2, C-2A and C-3 shall
� be determined at a later date based on the allocation agreed to by the
Employer and the Union of the April 25, 1998, total hourly cost stated i n
Appendix C-1.
C-4. The basic hourly wage rates for the Apprentice class of positions:
This Section is held open for the addition of appropriate Apprentice rates in the
event the Employer initiates the employment of Apprentices.
If the Union elects to have the contributions listed in Appendix D increased or decreased,
the Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a
way that the total cost of the package (wage rate plus contributions) remains constant
and does not exceed the amounts shown in Appendix C, Section C-1.
� When performing swing stage work, the rate of pay shall be forty-five cents ($.50) per
hour over the basic hourly rate of the above ciassifications.
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APPENDIX D
Effective April 25, 1998, the Employer shall forward the amounts designated in this �
Appendix D for participating employees covered by this Agreement and defined i n
Articles 12.3, 12.4, and 12.5 to depositories as directed by the Union and agreed to by
the Employer:
( 1) $2.00 per hour for all hours worked from which all appropriate payroll
deductions have been made to a Union-designated Vacatiort Fund.
( 2) $325 per hour for all hours worked to a Union-designated Health and
Welfare Fund.
( 3) $3.59 per hour for all hours worked to a Union-designated Pension Fund.
( 4) $.10 per hour for all hours worked to a Union-designated Apprenticeshio
Fund.
The Employer shall make legally established non-negotiated pension
contributions to PERA. Changes in the mandated PERA rate may change the
caiculated hourly base rate of pay so the Employer's cost does not exceed
the amounts listed in C1 above.
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All contributions made in accordance with this Appendix D shall be deducted from and are �
not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shall be
forwarded to depositories as directed by the Union and agreed to by the Employer.
The Employer shall establish Workers' Compensation and Unemployment Compensation
programs as required by Minnesota Statutes.
Participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this
Agreement shall not be eligible for, govemed by or accumulate vacation, sick leave,
holiday, funeral leave, jury duty or insurance fringe benefits that are or may be
established by Personnel Rules, Council Ordinance or Council Resolutions.
The Employer's fringe benefit obligation to participating employees as defined i n
Articles 12.3, 12.4, and 12.5 is limited to the contributions and/or deductions
established by this Agreement. The actuai levei of benefits provided to employees shall
be the responsibility of the Trustees of the various funds to which the Employer has
forwarded contributions and/or deductions.
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Council File # �9 - 30
ORiGINAL RESOWTION
�,� „ . CITY OF SAINT PAUL, MINNESOTA
Presented
Referred To
Committee Date
1
2
3
4
RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
May 1, 1998 through Apri130, 2000 Employment Agreement between the Independent School District
No. 625, Saint Paul Public Schools, and Bricklayers and Allied Craftworkers, Local Union No. 1 of
Minnesota.
Requested by Departrnentof:
Office of Labor Relations
By: ��I'� �
Form Appr ved by Ci ttomey
By: �I� �`� � M "� � �
Adopted by Council: Date
Adoption Certified by Coun
!e3'�
App�
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o Approved Ma or fo u missio t ouncil
cil retary � —
Green Sheet # 62418
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DEPARTMENT/OFFICE/COUNCII.: DATE INTTIATED GREEN SHEET 1vo.: 62 8 Mq9 -3 0
LABOR RELAT'IONS 12/28/98 e�
CONTACT PERSON & PHONE: � WITIALDAY'E A'117AUDA7'E
JULIE KRAUS 266-6513 �IGN 1 DEPARTMEfTf DIR. � a c�rv courecir.
Nu��e z cirY nrroxr�r � crn c�.e�uc
MOST BE ON COUNCII. AGENDA BY (DATE) FOR Hl1flCEf DIlt FIN. & MGT. SERVICE DIR.
ROUTING 3 MAYOR (OR ASST.)�
ORDER
TOTAL # OF SIGNATURE PAGFS 1 (CLIP ALL LOCATIONS FOR SIGNATORE)
ncnox xEQUESren: This resolution approves the attached May 1, 1998 through Apri130, 2000 Employment
Agreement between the Independent Schooi District No. 625, Saint Paul Public Schools, and Bricklayers and
Allied Craftworkers, Local Union No. 1 of Minnesota.
RECOMMEPIDA7TONS: Approve (A) or Reject (R) PERSONAL SERVICE CON'fRACfS MUST AIVSWER TAE FOLLOWING
QUESCIONS:
PLANNING COMIvIISSION _CIVIL SERVICE COMMISSION 1. Has this person/fiIm ever worked under a conhact for this depaziment?
_CIB COMbIITt'EE Yes No
_STAFF 2- Haz this person/fivn ever been a city employee?
_DISIRICTCOURT Yw No
SUPPORTS WHICH WUNCIL OBJECTIVE? 3. Dces this person/firm possess a skill not nortnally possessed by any cucrent city employee?
Yes No
Explain alI yes soswers on separate sheet and at[ach to green sheet
INTTIAITNG PROBLEM, ISSUE, OPPOA7'UNI1'Y (Whq Whafi, When, Where, W6y):
This Agreement pertains to Boazd of Education employees only.
ADVANTAGES IF APPROVED:
DISADVANfAGES IF APPROVED: ,
C �S.a`'°:':ii i9r�n�..•i;"' q?�.`'x°�
��������
DISADVANTAGES IF NOT APPROVED:
TOTAL AMOUNT OF TRANSACI'fON: COST/REVENOE BUDGETED: ��CEIVED
FUNDING SOURCE: ACTIVITY NUMBER:
Fnv,uvciaL avFOxMnrioN: ��Lnnv� D E G� Q?998
�IAYOR'S O�FICE
INDEPENDENT SCHOOL DISTRICT NO. 625 d �
BOARD OF EDUCATION a.l' �
SAINT PAUL PUBLIC SCHOOLS
DATE: June 16, 1998
TOPIC: Approval of an Employment Agreement With Bricklayers and Allied
Craftworkers, Loca( Union No. 1 of Minnesofa, to Establish Terms and
Conditions of Employment for 1998-2000
A. PERTINENT FACTS:
1. New Agreement is for the two-year period May 1, 1998 through April 30, 2000.
2. The language provisions of the previous contract remain essentially unchanged, except for
necessary changes to dates and outdated references.
3. The DistricY has one regular F.T.E. in this bargaining unit.
4. Wage and benefits changes reflect prevailing wage for the industry.
5. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager;
Richard Kreyer, Negotiations/Labor Relations Manager; and William A. Larson, Assistant
Superintendent, Fiscal Affairs and Operations.
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement conceming the terms and conditions of employment of those employees in this schooi
district for whom Bricklayers and Allied Craftworkers, Local Union No. 1 of Minnesota, is the
exclusive representative; duration of said Agreement is for the period of May 1, 1998 through
April 30, 2000.
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ARTICLE TITLE
Article 1.
Article 2.
Article 3.
Articie 4.
Article 5.
Article 6.
Article 7.
Article 8.
Article 9.
Article 10.
Article 11.
Article 12.
Article 13.
Article 14.
Artic{e 15.
Article 16.
Article 17.
Articie 18.
Articie 19.
Article 20.
Article 21.
Article 22.
Article 23.
Article 24.
Article 25.
Article 26.
Article 27.
Article 28.
TABLE OF CONTENTS n �.s �� �
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PAGE
Preamble .................................................................................................... i v
Purpose .......................................................................................................1
Recognition ..................................................................................................1
Employer ..........................................................................................1
UnionRights ................................................................................................2
Scope the Agreement ................................................................................ 2
Probationary Periods ..................................................................................3
Philosophy of Employment and Compensation ............................................ 3
Hoursof Work .............................................................................................4
Ove rt i m e ...................................................................................................... 4
CailBack ......................................................................................................5
WorkLocation .............................................................................................5
Wages ........................................................................................................... 6
Fringe Benefits ............................................................................................9
Selection of Lead Brickiayer and General Lead Bricklayer ........................9
Ho{idays .....................................................................................................1 0
Disciplinary Procedures ...........................................................................11
Absences Work ................................................................................. i 1
Seniority ...................................................................................................i 2
Jurisdiction...............................................................................................1 3
Separation .................................................................................................1 3
Tools ..........................................................................................................1 3
Grievance Procedure .......................................................................... i 4-1 5
Right Subcontract .................................................................................. i 6
Non -Discrimination ..................................................................................i 6
Severability ..............................................................................................i 6
W aive r .......................................................................................................1 7
Mileage - Independent School District No. 625 ........................................1 7
Duration Pledge ...................................................................................1 8
Appendix ............................................................................................1 9
Appendix ............................................................................................1 9
Appendix .....................................................................................20-21
Appendix ............................................................................................2 2
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PREAMBLE
This Agreement is entered into between Independent School District No. 625, hereinafter
referred to as the Empioyer and the Brickiayers and Aliied Craftsworkers Locai Union
No. 1, hereinafter referred to as the Union.
The Employer and the Union concur that this Agreement has as its objective the
promotion of the responsibilities of the Independent School District No. 625 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 i n
the Agreement but rather primarily on attitudes beriveen 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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ARTICLE 1. PURPOSE
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The Employer and the Union agree that the purpose for entering into this
Agreement is to:
1.1 .1 Achieve orderly and peaceful relations, thereby establishing a system of
uninterrupted operations and the highest level of employee performance
that is consistent with the safety and well-being of all concemed;
1.1.2 Set forth rates of pay, hours of work, and other conditions of
employment as have been agreed upon by the Empioyer and the Union;
1.1 .3 Establish procedures to order{y and peacefu4ly resolve disputes as to the
application or interpretation of this Agreement without loss of
productivity.
1.2 The Employer and the Union agree that this Agreement serves as a supplement to
legislation that creates and directs the Employer. lf any part ofi this 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 Articie 25 (Severability).
ARTICLE 2. RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative for collective
bargaining purposes for all personnel having an empioyment status of regular,
probationary, and temporary employed in the, classes of positions defined in 2.2
as certified by the Bureau of Mediation Services in accordance with
Case No. 90-PCL-3142 dated February 2, 1990.
2.2 The classes of positions recognized as being exclusively represented by the Union
are as listed in Appendix A.
ARTICLE 3. EMPLOYER RIGHTS
3.1 The Employer retains the right to operate and manage all manpower, facilities,
and equipment; to establish functions and programs; to set and amend budgets; to
determine the utitization of technology; to establish and modify the organizational
structure; to select, direct, and determine the number of personnel; and to
perform any inherent manageriai function not specifically limited by this
Agreement.
3.2 Any "term or condition of empfoyment° not established by this Agreement sfiall
remain with the Employer to eliminate, modify or establish foliowing written
notification to the Union.
1
ARTICLE 4. 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.
4.1 .1 The Employer shail not deduct dues from the wages of employees covered
by this Agreement for any other labor organization.
4.1 .2 The Union shall indemnify and save harmiess the Employer from any
and all claims or charges made against the Employer as a result of the
implementation ot 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 right and responsibilities as designated in Article 22
(Grievance Procedure).
4.3 Upon notification to a designated Employer supervisor, the President of the Union
or the designated representative shall be permitted to enter the facilities of the
Employer where employees covered by this Agreement are working.
ARTICLE 5. SCOPE OF THE AGREEMENT
5.1 This Agreement establishes the `terms and conditions of employment" defined by
Minnesota Statute § 179A.03, Subdivision 19, for all employees exclusively
represented by the Union. This Agreement shali supersede such °terms and
conditions of empioyment" established by Civil Service Rule, Council Ordinance,
and Council Resolution.
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ARTICLE 6. PROBATIONARY PERIODS
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• 6.1 AII personnel, originaily hired or rehired foilowing separation, in a regular
+ employment status shali serve a six (6) month probationary period during
which time the employee's fitness and ability to pertorm the class of positions'
duties and responsibilities shali be evaluated.
6.1.1 At any time during the probationary period an employee may be
terminated at the discretion of the Empioyer without appeal to the
provisions of Article 22 (Grievance Procedure).
6.1 .2 An employee terminated during the probationary period shall receive a
written notice of the reason(s) for such termination, a copy of which
shall be sent to the Union.
6.2 All personnei promoted to a higher class of positions shall serve a six (6) month
promotional probationary period during which time the employee's fitness and
ability to perform the class of positions' duties and responsibilities shall be
evaluated.
6.2.1 At any time during the promotional probationary period an empioyee
may be demoted to the employee's previousiy-held class of positions at
the discretion of the Employer without appeal to the provisions of
Article 22 (Grievance Procedure).
� 6.2.2 An employee demoted during the promotional probationary period shall
be returned to the employee's previously-held class of positions and
shall receive a written notice of the reasons for demotion, a copy of
which shall be sent to the Union.
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ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The Employer and the Union are in full agreement that the philosophy of
empioyment and compensation shall be a°cash" hourly wage and "industry"
fringe benefit system.
7.2 The Employer shaff compensate empfoyees for af{ hours worked at the basic
hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages)
and 13 (Fringe Benefits).
7.3 No other compensation or fringe benefit shall be accumulated or earned by an
empioyee except as specificalty psovided for in this Agreement; except those
employees who have individually optioned to be °grandfathered" as provided by
Articie 12.2.
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ARTICLE 8. HOURS OF WORK
8.1 The normai workday 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 workdays Monday
through Friday.
8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment
to establish second and third shifts or a work week of other than Monday through
Friday, the Union agrees to enter into negotiations immediately to establish the
conditions of such shifts and/or work weeks.
8.4 This Section shall not be construed as, and is not a guarantee of, any hours of
work per normal workday or per normai 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 workday unless otherwise directed by
their supervisor.
8.6 All employees are subject to call back by the Employer as provided by Article 1 0
(Call Back).
8.7 Employees reporting for work at the established starti�g time and for whom no
work is available shall receive pay for two (2) hours, at the basic hourly rate,
uniess notification has been given not to report for work prior to leaving home,
or during the previous workday,
ARTICLE 9. OVERTIME
9.1 All overtime compensated for by the Employer must receive prior authorization
from a designated Employer supervisor. No overtime work claim will be honored
for payment or credit unless approved in advance. An overtime claim will not be
honored, even though shown on the time card, unless the required advanoe
approval has been obtained.
9.2 The overtime rate of one and one-half (1-1/2) the basic hourly rate shall be
paid for work performed under the following circumstances:
9.2.1
9.2.2
9.3
9.4
Time worked in excess of eight (8) hours in any one normal workday,
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Time worked in excess of forty (40) hours in a seven (7)-day period.
For the purposes of calculating overtime compensation, overtime hours worked
shall not be "pyramided " compounded or paid twice for the same hours worked.
Overtime hours worked as provided by this Article shall be paid in cash or in
compensatory time as determined by the Empioyer.
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ARTICLE 1 0. CALL BACK
• 10.1 The Employer retains the right to caii back employees before an empioyee has
• started a normal workday or normal work week and after an employee has
completed a normal workday or normal work week.
' 1 0.2 Employees called back shall receive a minimum of four (4) hours ofi pay at the
basic houriy rate.
10.3 The hours worked based on a cali back shall be compensated in accordance with
Article 9(Overtime), when appiicable, and subject to the minimum established
by 10.2 above.
1 0.4 Employees called back four (4) hours or less prior to their normal workday
shall complete the normal workday and be compensated only for the overtime
hours worked in accordance with Article 9(Overtime).
ARTICLE 1 1. WORK LOCATION
1 1.1 Employees shall report to work location as assigned by a designated empioyer
� supervisor. During the normal workday, employees may be assigned to other
work locations at the discretion of the Employer.
1 1.2 Employees assigned to work locaYions during the normal workday other than their
original assignment, and who are required to furnish their own transportation,
shall be compensated for mileage as set forth in Article 27 (Mileage).
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ARTICLE ] 2. WAGES
12.1 The basic hourly wage rate as established by Appendix C shall be paid for all •
hours worked by an employee. �
i 2.2 Employees who were covered by the fringe benefits listed below prior fo
February 4, 1974, shall continue to be covered by such benefits. They shail be
subject to all other provisions of the Agreement, but shall not have hourly fringe
benefit contributions and/or deductions made on their behalf as provided for by
Articie 13 (Fringe Benefits).
12,2.1 Insurance premium contributions as estab(ished by the Empioyer
including life, hospital, and health insurance premium contributions as
established as of the date of the early retirement for early retirees who
have retired since May 8, 1978 until such time as they reach
sixty-five (65) years of age. In order to be eligible for the insurance
premium contributions under the early retiree provision, or retiree
provision the employee must:
12.2.1 .1 Be receiving benefits from a public employee retirement act
at the time of retirement.
12.2.1 .2 Have severed the employment relationship with the City of
Saint Paul and Independent Schooi District No. 625 under
one of the early retiree plans.
12.2.1.3 Inform the Human Resource Office of Independent School �
District No. 625 and the City of Saint Paul in writing
within sixty (60) days of the employee's early retirement
date that he or she wishes to be eligible for early retiree
insurance benefits.
12.2.1,4 Retiree prior to April 30, 2000.
12.2.2 Sick leave as established by Civi! Service Rules, Section 20.
12.2.3 Vacation as established by the Saint Paul Saiary Plan and Rates of
Compensation, Section I, subdivision H.
12.2.4 Ten (10) legal holidays as established by the Saint Paul Salary Plan and
Rates of Compensation, Section 1. Subdivision I.
12.2.5 Severance benefits as established by the School District's Severance
Pay Plan with a maximum payment of $4,000. or as established by
Section 12.26 of this Article.
12.2.6 Severance Pay: Provisions effective September 1. i 984. The
Employer shall provide a severance pay program as set forth in this
Article:
12.2.6.1 To be eligible for the severance pay program, an employee
must meet the following requirements: �
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ARTICLE 12. WAGES (continued)
12.2.6.1.1 The employee must be fifty-eight (58) years of
age or older or must be eligible for pension
under the °Rule of 85° or the °Rule of 90"
provisions of the Public Employees Retirement
Association (PERA). The "Rule of 85' or the
"Rule of 90" criteria shall also apply to
employees covered by a public pension plan
other than PERA.
12.2.6.1.2 The employee must be voluntarily separated
from School District empioyment or have been
subject to separation by layoff or compulsory
retirement. Those employees who are
discharged for cause, misconduct, inefficiency,
incompetency or any other disciplinary reason
are not eligible for this severance pay program.
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12.2.6.1.3 The employee must have at least ten (10) years
of consecutive service under ihe classified or
unciassified Civil Service at the time of
separation. For the purpose of this Article,
empioyment in either the City of Saint Paul o r
in Independent School District No. 625 may be
used in meeting this ten (10)-year service
requirement.
12.2.6.1.4 The employee must file a waiver of
re-empioyment with the Directors oi
Personnel, for Independent School District No.
625 and the City of Saint Paul which w i I I
clearly indicate that by requesting 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.
12.2.6.1.5 The empfoyee must have accumufated a
minimum of sixty (60) days of sick leave
credits at the time of his separation from
service.
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12.2.6.2 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-ha�f
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 total payment of $7,500.
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ARTICLE 12. WAGES (continued)
12.2.6.3 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.
12.2.6.4 �or the purpose of this severance pay program, a transfer
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.
12.2.6.5 The manner of payment of such severance pay shall be made
in accordance with the provisions of the School District
Severance Pay Plan already in existence.
12.2.6.6 This severance pay program shall be subject to and govemed
by the provisions of the original School District Severance
Pay Plan (which allows $4,000 maximum payment)
except in those cases where the specific provisions of this
Section conflict with said Severance Pay Plan and in such
cases, the provisions of this Section control.
12.2.6.7 Any employee hired prior to February 15, 1974, may, i n .
any event, and upon meeting the qualifications of this
Article or the original School District Basic Severance Pay
Plan (which allows $4,000 maximum payment), draw
severance pay. However, an election by the employee to
draw severance pay under either this Article or the basic
School District Severance Pay Plan shall constitute a bar
to receiving severance pay from the other.
12.2.6.8 An employee of Independent School District No. 625 shall not
be eligible for the severance pay provision of this Article
if such employee is also eligible and a recipient of Early
Retirement Incentive payment under any Agreement
between the exclusive representative and the School
Disirict.
12.2.7 Flexible Expense Accounts Plan: It is the intent to maintain during the
term of this Agreement a plan for medical and child care expense
accounts to be available to employees in this bargaining unit who are
eligible for Employer-paid premium contribution for health insurance
for such expenses, within the established legal regulations and IRS
requirements for such accounts.
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ARTICLE '12. WAGES (continued)
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• 1 2.3 Regular employees not covered by the fringe benefits listed in Article 12.2 shail
be considered, for the purposes of this Agreement, participating employees and
shall be compensated in accordance with Article 12.1 (Wages) and have fringe
benefit contributions and/or deductions made on their behaif as provided for by
Article 13 (Fringe Benefits).
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12.4 Temporary employees shail be considered, for the purposes of this Agreement,
participating employees and shall be compensated in accordance with
Article 12.1 (Wages) and have fringe benefit contributions and/or deductions
made in their behaif as provided for by Article 13 (Fringe Benefits).
1 2.5 All regular employees employed after February 15, 1974, shall be considered,
for the purpose of this Agreement, participating empioyees and shall be
compensated in accordance with Article 12.1 (Wages) and have fringe benefit
contributions andfor deductions made on tfieir beha4f as provided for by
Article 13 (Fringe Benefits).
ARTICLE 1 3. FRINGE BENEF{TS
1 3.1 The Employer shall make contributions on behalf of and/or make deductions from
� the wages of participating employees as defined in Articles 12.3, 12.4, and 1 2.5
covered by this Agreement in accordance with Appendix D for all hours worked.
ARTICLE 14. SELECTION OF LEAD BRICKLAYER AND GENERAL LEAD BRICKLAYER
14.1 The selection of personnel for the class of position of Lead Bricklayer shali
remain solely with the Employer.
14.2 The class of position of Lead Bricklayer shall be filled by employees of the
bargaining unit on a"temporary assignment."
14.3 All "temporary assignments" shall be made oniy at the direction of a designated
Employer supervisor.
1 4.4 Such "temporary assignmenls" shall be made oniy in cases where the class of
' positions is vacant for more than one (1) normal workday.
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ARTICLE 15. HOLIDAYS
15.1 The following ten (10) days shall be designated as holidays:
New Years Day
Martin Luther King, Jr. Day
Presidents' Day
Memoriai Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
The Day After Thanksgiving
Christmas Day
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Fourth Thursday in November
Fourth Friday in November
December 25
15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the
following Monday shall be considered the designated holiday. When any of these
three (3) holidays falls on a Saturday, the preceding Friday shall be considered
the designated holiday.
15.3 The ten (10) holidays shall be considered non workdays.
15.4 If, in the judgment of the Employer, personnel are necessary for operating o r
emergency reasons, employees may be scheduled or "called back" in accordance
with Articie 10 {Call Back).
15.5 Employees assigned to work on Martin Luther King, Jr. Day, Presidents' Day, the
day after Thanksgiving or Veterans' Day shall be compensated on a straight-time
basis for such hours worked.
15.6 Such participating employees assigned to work on New Year's Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be
compensated at the rate of two (2) times the basic hourly rate for such hours
worked.
15.7 If an emp(oyee is required to work on Martin Luther King, Jr. Day, Presidents'
Day, the day after Thanksgiving or Veterans' Day, the employee shall be granted
another day off with pay in lieu thereof as soon thereafter as the convenience of
the department permits or the employee shall be paid on a straight-time basis
for such hours worked, in addition to the regular holiday pay.
If an employee is required to work on New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day or Christmas Day, the employee
shall be compensated 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 regular holiday pay.
Eligibility for holiday pay shall be determined in accordance with Section
(one), Subsection I of the Saint Paul Salary Plan and Rates of Compensation.
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ARTICLE 15. HOLIDAYS (continued)
• 15.8 Employees entitled to a holiday, if Martin Luther King, Jr. 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 i n
session and shall be determined by Agreement between the employee and the
supervisor.
ARTICLE 16. DISCIPLINARY PROCEDURES
16.1 The Employer shall have the right to impose disciplinary actions on empioyees
for just cause.
16.2 Disciplinary actions by the Employer shall include only the foliowing actions:
16.2.1 Oral reprimand;
16.2.2 Written reprimand;
16.2.3 Suspension;
16.2.4 Demotion;
16.2.5 Discharge.
. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under
Mi�nesota Statute § 179a.20, Subd. 4, and thereby shali have the right to
request that such actions be considered a"grievance" for the purpose of
processing through the provisions of Article 22 (Grievance Procedure). Once an
employee or the Union acting in the employees behaif initiates review of an
action, that matter shall not be reviewed in another forum. Oral reprimands
shall not be subject to the grievance review procedures.
ARTICLE 17. ABSENCES FROM WORK
17.1 Empioyees who are unable to report for their normal workday have 4he
responsibility to notify their supervisor of such absence as soon as possible, but
in no event later Yhan the beginning of such workday.
17.2 Failure to make such no4ification may be grounds for discipline as provided i n
Article 16 (Disciplinary Procedures).
17.3 Failure to report for work without notification for three (3) consecutive normal
workdays may be considered a"quit° by the Empioyer on the part of the
employee.
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ARTICLE 18. SENIORITY
18.1 For the purpose of this Article the following terms shall be defined as follows: •
18.1.1 The Term, "Employer," Shall Mean Independent School District
No. 625, Saint Paul Public Schools.
18.1 .2 The term, "Master Seniority," shall mean the length of continuous
regular and probationary service with the Empioyer from the date an
employee was first appointed to any class title with the Employer
covered by this Agreement.
18.1.3 The term, "Class Seniority" shall mean the length of continuous
regular and probationary service with the Employer from the date an
employee was first appointed to a position with the Employer in a ctass
title covered by this Agreement.
This Section 18.1.3 is intended to mean that for any person no matter
what the person's prior experience or how hired by the District, the
person's class seniority starts at zero the day of appointment to a School
District position in that title and begins to be calculated from that date.
An employee's Class Seniority dces not revert to zero following recall
from an Employer initiated layoff within the twenty-four (24)-month
recall rights period specified in 18.4. This definiiion of class seniority
would be used for all layoff decisions.
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 o r
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
workforce, employees will be laid off by class title within each Department based
on inverse length of "Class Seniority" Employees laid off by the Employer shall
have the right to reinstatement in any lower-paid class title previously held
which is covered by this Agreemeni, provided the employee has greater "Class
Seniority" than the employee being replaced. Recall from IayoH shall be i n
inverse order of layoff, except thaY recall rights shall expire after twenty-four
(24) months from the last day of work preceding the layoff. No other Civil
Service recall rights to this Employer shall apply. This provision does not
address any righis the employee may have to be recalled to any other employer.
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. JURISDICTION
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19.1 Disputes conceming work jurisdiction between and among unions is recognized as
an appropriate subject to determination by the various unions representing
employees of the Employer.
1 9.2 The Employer agrees to be guided in the assignment of work jurisdiction by
mutual agreements between the unions involved.
1 9.3 In the event of a dispute concerning the performance or assignment of work, the
unions involved and the Employer shall meet as soon as mutualiy possible to
resolve the dispute. Nothing in the foregoing shaii restrict the right of the
Employer to accomplish the work as originally assigned pending resolution of the
dispute or to restrict the Employer's basic right to assign work.
19.4 Any employee refusing to perform work assigned by the Employer and as
clarified by Sections 19.2 and 19.3 above shall be subject to disciplinary action
as provided in Article 16 (Disciplinary Procedures).
1 9.5 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 probationary or regular employment status shall be
considered separated from employment based on the foilowing actions:
20.1 .1 Resignation. Employees resigning from employment shall give written
notice fourteen (14) calendar days prior to the effective date of the
resignation.
20.1.2 Discharae. As provided in Article 16.
20.1 .3 Failure to Report for Duty. As provided in Articie 17.
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20.2 Employees having a temporary employment status may be terminated at the
discretion of the Employer before the completion of a normal workday.
AflTiCLE 21. TOOLS
21 .1 All employees shall personally provide themselves with the tools of the trade �
listed in Appendix B.
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ARTICLE 22. 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
shali notify the Employer in writing of the names of the Stewards and their
successors when so named.
22.2 It is recognized and accepted by the Employer and the Union that ihe 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 empioyee have notified and received the approval of their
supervisar to be absent to process a grievance and that such absence wouid not be
detrimental to work programs of the Employer.
22.3 The procedure established by this Article shall except as previously noted in
Article 16 (Disciplinary Procedures), be the sole and exclusive procedure 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:
Ste° 1. Upon the occurrence of an alleged violation of this Agreement, the
employee involved shall attempi 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 llnion. The written
grievance shall set forth the nature of the grievance, the facts on which
it is based, the alleged section(s) of the Agreement violated, and the
relief requested. Any alleged violation of the Agreement not reduced to
writing by the Union within seven (7) 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
or the event giving rise to the grievance, shalf be considered waived.
Ste° 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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ARTICLE 22. GRIEVANCE PROCEDURE (continued)
• Ste� 3. Within seven (7) calendar days following receipt of a grievance
referred from Step 2, a designated Empfoyer Supervisor shall meet
with the Union President or the designated representative and attempt to
resolve the grievance. Within seven (7) calendar days foliowing this
meeting, the Employer shali reply in writing to the Union stating the
Employer's answer conceming the grievance. If, as a result of the
written response, the grievance remains unresolved, the Union may
refer the grievance to Step 4. Any grievance not 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.
Steo 4. If the grievance remains unresolved, the Union may within seven ( 7)
calendar days after the response of the Employer in Step 3, by written
notice to the Employer, request arbitration of the grievance. lhe
arbitration proceedings shall be conducted by an arbitrator to be
selected by mutual agreement of the Employer and the Union within
seven (7) calendar days after notice has been given. If the parties fail
to mutually agree upon an arbitrator within the said seven (7)-day
period, either party may request the Bureau of Mediation Services to
submit a panei of five (5) arbitrators. Both the Employer and the
Union shall have the righi to strike two (2) names from the panel. The
Union shall strike the first (1st) name; the Employer shall then strike
one (1) name. The process will be repeated and the remaining person
� shall be the arbitrator.
22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or
subtract from the provisions of this Agreement. The arbitrator 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 arbitrator shall be without power to make decisions contrary to
or inconsistent with or modifying or varying in any way the application of laws,
rules or regulations having the force and effect of law. The arbitrator's decision
shall be submitted in writing within thirty (30) days following close of the
hearing or the submission of briefs by the parties, whichever be later, unless
the parties agree to an e�ension. The decision shall be based solely on the
arbitrator's interpretation or application of the express terms of this Agreement
and to the facts of the grievance presented. The decision of the arbitrator shall be
final and binding on the Employer, the Union, and the employees.
22.6 The fees and expenses for the arbitrator's services and proceedings shall be
borne equally by the Employer and the Union, provided that each party shall be
responsible for compensating its own representative and witnesses. If either
party desires a verbatim record of the proceedings, it may cause such a record to
be made, providing it pays for the record.
22.7 The time limits in each sYep of this procedure may be extended by mutuai
agreemeni of the Employer and the Union.
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ARTICLE 23. RIGHT OF SUBCONTRACT
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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 workforce covered by this
Agreement, the Empioyer 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 24. 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 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.
ARTICLE 25. SEVERABILITY
25.1 In the event that any provision(s) of this Agreement is declared to be contrary to
law by proper legisiative, 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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ARTICLE 26. WAIVER
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• 26.1 The Employer and the Union acknowledge that during the meeting and negotiating
which resulted in this Agreement, each had the right and opportunity to make
proposals with respect to any subject conceming the terms and conditions of
employment. The agreements and understandings reached by the parties after the
exercise of this right are fully and completeiy set forth in this Agreement.
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26.2 Therefore, the Empioyer and the Union for the duration of this Agreement agree
that the other party shall not be obligated to meet and negotiate over any term o r
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.
26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and
rules or regulations regarding the terms and conditions of employment, to the
extent they are inconsistent with this Agreement, are hereby superseded.
ARTICLE 27. MILEAGE - INDEPENDENT SCHOOL DISTRICT NO. 625
27.1 Employees of the School District under policy adopted by the Board of Education
� may be reimbursed for the use of their automobiles for school business. To be
eligible for such reimbursement, empioyees must receive authorization from the
District Mileage Committee utilizing one of the following plans:
PLAN `A", effective with the adoption of this Agreement, is
reimbursed at the current Board of Education approved rate o r
31¢ per mile, whichever is more. In addition, a maximum
amount which can be paid per month is estabiished by an
estimate furnished by the employee and the employee's
supervisor.
Another consideration for establishing the maximum amount can
be the experience of another employee working in the same o r
similar position.
Under this pian, it is necessary for the employee to keep a
record of each trip made.
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ARTICLE 28. DURATION AND PLEDGE
28.1 This Agreement shall become effective as of the date of signing, except as specifically
provided otherwise in Articles 12 and 13, and shall remain in effect through the
30th day of Aprii 2000, and continue in effect from year to year thereafter unless
notice to change or to terminate is given in the manner provided in 28.2.
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 sixty ( 6 0)
calendar days prior to the expiration date, provided that the Agreement may oniy be
so terminated or modified effective as of the expiration date.
28.3 in consideration of the terms and conditions of employment established by this
Agreement and the recognition that the Grievance Procedure herein estabiished is the
means by which grievances concerning its appiication or interpretation may be
peacefuily resolved, the parties hereby pledge that during the term of the Agreement:
2B.3.1 The Union and the employees wiil not ergage in, instigate or Condone any
concerted action in which employees fail to report for duty, wiiifuity
absent themselves from work, stop work, slow down their work or absent
themseives in whoie or part from the futt, fakhful performance of their
duties of employment.
28.3.2 The Employer will not engage in, instigate or condone any lockout of
empioyees.
28.3.3 This constitutes a tentative Agreement behveen the parties which will be
recommended by the school board negotiator, but is subject to the approval
of the Board of Education, and is also subject to ratification by the Union.
Agreed to and attested to as the full and complete understanding of the parties for the period of
time herein specified by the signature of the foilowing representatives for the Employer and
the Union.
WITNESSES:
INDEPENDENT SCHOOL DISTRICT NO. 625
Assistant Manager
7 y8
Dat
AND ALLIED
RSILOCAL 1 OF MINNESOTA
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APPENDIX A
• The classes of positions recognized by the Empioyer as being exclusively represented by
r the Union are as foilows:
Brickiayer
Lead Bricklayer
Apprentice - Bricklayer
•
and other classes of positions that may be established by the Employer where the duties
and responsibilities assigned come within the jurisdiction of the Union.
I177��
All necessary hand tools.
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APPENDIX C
C-1 . The total hourly cost to the Empioyer for wages plus any and all contributions or
deductions stated in Appendix D of this Agreement shail not exceed the following
amounts:
Effective
4-25-98
Bricklayer
Lead Brickiayer
E�'�
$32.35
Effective
5-1 -99
$32.30
$33.70
C-2. The total tauabie hourly rate including wages and the vacation and working
assessment contributions in Appendix D and excluding all other benefit costs and
obligations in Appendix D, for regular and probationary employees appointed to
the following classes of positions and who are not covered by the Empioyer's
benefit package described in Article 122 shall be as follows:
Effective
4-25-98
Bricklayer
Lead Bricklayer
$22.73
$24.1 6
Effective
5-1-99
C-2A. The basic hourly wage rates in this Appendix (C-2A) are for compensation
analysis purposes only. These figures represent the portion of the
Appendix C-1 rates above specifically allocated to wages. These rates
do NOT include taxable benefit contributions and therefore should NOT
be used for taxable payroll calculations. See Appendix C-2 above for
total tauable payroll information.
Effective
4-25-98
Bricklayer
$20.73
Effective
5-1-99
.
Lead Bricklayer $22.16 '
20
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APPENDIX C (continued)
• C-3. The total taxable hourly rate including wages and the vacation contribution i n
� Appendix D for temporary employees appointed to the following classes of
positions shail be:
�
Effective Effective
4-25-98 5-1-99
Bricklayer $23.91 �
Lead Bricklayer $25.41 '
If a temporary employee working in a title listed in this Appendix C-3 becomes
subject to the requirements of the Public Employees Retirement Act (PERA),
which thereby requires the Employer to make contributions to PERA, the
calculated hourly base rate may change so the Employer's cost does not exceed the
amounts listed in C-1 above.
NOTES FOR APPENDICES C-2. C-2A AND C-3:
` The April 25, 1998, hourly rates in Appendices C-2, C-2A and C-3 shall
� be determined at a later date based on the allocation agreed to by the
Employer and the Union of the April 25, 1998, total hourly cost stated i n
Appendix C-1.
C-4. The basic hourly wage rates for the Apprentice class of positions:
This Section is held open for the addition of appropriate Apprentice rates in the
event the Employer initiates the employment of Apprentices.
If the Union elects to have the contributions listed in Appendix D increased or decreased,
the Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a
way that the total cost of the package (wage rate plus contributions) remains constant
and does not exceed the amounts shown in Appendix C, Section C-1.
� When performing swing stage work, the rate of pay shall be forty-five cents ($.50) per
hour over the basic hourly rate of the above ciassifications.
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APPENDIX D
Effective April 25, 1998, the Employer shall forward the amounts designated in this �
Appendix D for participating employees covered by this Agreement and defined i n
Articles 12.3, 12.4, and 12.5 to depositories as directed by the Union and agreed to by
the Employer:
( 1) $2.00 per hour for all hours worked from which all appropriate payroll
deductions have been made to a Union-designated Vacatiort Fund.
( 2) $325 per hour for all hours worked to a Union-designated Health and
Welfare Fund.
( 3) $3.59 per hour for all hours worked to a Union-designated Pension Fund.
( 4) $.10 per hour for all hours worked to a Union-designated Apprenticeshio
Fund.
The Employer shall make legally established non-negotiated pension
contributions to PERA. Changes in the mandated PERA rate may change the
caiculated hourly base rate of pay so the Employer's cost does not exceed
the amounts listed in C1 above.
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All contributions made in accordance with this Appendix D shall be deducted from and are �
not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shall be
forwarded to depositories as directed by the Union and agreed to by the Employer.
The Employer shall establish Workers' Compensation and Unemployment Compensation
programs as required by Minnesota Statutes.
Participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this
Agreement shall not be eligible for, govemed by or accumulate vacation, sick leave,
holiday, funeral leave, jury duty or insurance fringe benefits that are or may be
established by Personnel Rules, Council Ordinance or Council Resolutions.
The Employer's fringe benefit obligation to participating employees as defined i n
Articles 12.3, 12.4, and 12.5 is limited to the contributions and/or deductions
established by this Agreement. The actuai levei of benefits provided to employees shall
be the responsibility of the Trustees of the various funds to which the Employer has
forwarded contributions and/or deductions.
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Council File # �9 - 30
ORiGINAL RESOWTION
�,� „ . CITY OF SAINT PAUL, MINNESOTA
Presented
Referred To
Committee Date
1
2
3
4
RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
May 1, 1998 through Apri130, 2000 Employment Agreement between the Independent School District
No. 625, Saint Paul Public Schools, and Bricklayers and Allied Craftworkers, Local Union No. 1 of
Minnesota.
Requested by Departrnentof:
Office of Labor Relations
By: ��I'� �
Form Appr ved by Ci ttomey
By: �I� �`� � M "� � �
Adopted by Council: Date
Adoption Certified by Coun
!e3'�
App�
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o Approved Ma or fo u missio t ouncil
cil retary � —
Green Sheet # 62418
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DEPARTMENT/OFFICE/COUNCII.: DATE INTTIATED GREEN SHEET 1vo.: 62 8 Mq9 -3 0
LABOR RELAT'IONS 12/28/98 e�
CONTACT PERSON & PHONE: � WITIALDAY'E A'117AUDA7'E
JULIE KRAUS 266-6513 �IGN 1 DEPARTMEfTf DIR. � a c�rv courecir.
Nu��e z cirY nrroxr�r � crn c�.e�uc
MOST BE ON COUNCII. AGENDA BY (DATE) FOR Hl1flCEf DIlt FIN. & MGT. SERVICE DIR.
ROUTING 3 MAYOR (OR ASST.)�
ORDER
TOTAL # OF SIGNATURE PAGFS 1 (CLIP ALL LOCATIONS FOR SIGNATORE)
ncnox xEQUESren: This resolution approves the attached May 1, 1998 through Apri130, 2000 Employment
Agreement between the Independent Schooi District No. 625, Saint Paul Public Schools, and Bricklayers and
Allied Craftworkers, Local Union No. 1 of Minnesota.
RECOMMEPIDA7TONS: Approve (A) or Reject (R) PERSONAL SERVICE CON'fRACfS MUST AIVSWER TAE FOLLOWING
QUESCIONS:
PLANNING COMIvIISSION _CIVIL SERVICE COMMISSION 1. Has this person/fiIm ever worked under a conhact for this depaziment?
_CIB COMbIITt'EE Yes No
_STAFF 2- Haz this person/fivn ever been a city employee?
_DISIRICTCOURT Yw No
SUPPORTS WHICH WUNCIL OBJECTIVE? 3. Dces this person/firm possess a skill not nortnally possessed by any cucrent city employee?
Yes No
Explain alI yes soswers on separate sheet and at[ach to green sheet
INTTIAITNG PROBLEM, ISSUE, OPPOA7'UNI1'Y (Whq Whafi, When, Where, W6y):
This Agreement pertains to Boazd of Education employees only.
ADVANTAGES IF APPROVED:
DISADVANfAGES IF APPROVED: ,
C �S.a`'°:':ii i9r�n�..•i;"' q?�.`'x°�
��������
DISADVANTAGES IF NOT APPROVED:
TOTAL AMOUNT OF TRANSACI'fON: COST/REVENOE BUDGETED: ��CEIVED
FUNDING SOURCE: ACTIVITY NUMBER:
Fnv,uvciaL avFOxMnrioN: ��Lnnv� D E G� Q?998
�IAYOR'S O�FICE
INDEPENDENT SCHOOL DISTRICT NO. 625 d �
BOARD OF EDUCATION a.l' �
SAINT PAUL PUBLIC SCHOOLS
DATE: June 16, 1998
TOPIC: Approval of an Employment Agreement With Bricklayers and Allied
Craftworkers, Loca( Union No. 1 of Minnesofa, to Establish Terms and
Conditions of Employment for 1998-2000
A. PERTINENT FACTS:
1. New Agreement is for the two-year period May 1, 1998 through April 30, 2000.
2. The language provisions of the previous contract remain essentially unchanged, except for
necessary changes to dates and outdated references.
3. The DistricY has one regular F.T.E. in this bargaining unit.
4. Wage and benefits changes reflect prevailing wage for the industry.
5. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager;
Richard Kreyer, Negotiations/Labor Relations Manager; and William A. Larson, Assistant
Superintendent, Fiscal Affairs and Operations.
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement conceming the terms and conditions of employment of those employees in this schooi
district for whom Bricklayers and Allied Craftworkers, Local Union No. 1 of Minnesota, is the
exclusive representative; duration of said Agreement is for the period of May 1, 1998 through
April 30, 2000.
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ARTICLE TITLE
Article 1.
Article 2.
Article 3.
Articie 4.
Article 5.
Article 6.
Article 7.
Article 8.
Article 9.
Article 10.
Article 11.
Article 12.
Article 13.
Article 14.
Artic{e 15.
Article 16.
Article 17.
Articie 18.
Articie 19.
Article 20.
Article 21.
Article 22.
Article 23.
Article 24.
Article 25.
Article 26.
Article 27.
Article 28.
TABLE OF CONTENTS n �.s �� �
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PAGE
Preamble .................................................................................................... i v
Purpose .......................................................................................................1
Recognition ..................................................................................................1
Employer ..........................................................................................1
UnionRights ................................................................................................2
Scope the Agreement ................................................................................ 2
Probationary Periods ..................................................................................3
Philosophy of Employment and Compensation ............................................ 3
Hoursof Work .............................................................................................4
Ove rt i m e ...................................................................................................... 4
CailBack ......................................................................................................5
WorkLocation .............................................................................................5
Wages ........................................................................................................... 6
Fringe Benefits ............................................................................................9
Selection of Lead Brickiayer and General Lead Bricklayer ........................9
Ho{idays .....................................................................................................1 0
Disciplinary Procedures ...........................................................................11
Absences Work ................................................................................. i 1
Seniority ...................................................................................................i 2
Jurisdiction...............................................................................................1 3
Separation .................................................................................................1 3
Tools ..........................................................................................................1 3
Grievance Procedure .......................................................................... i 4-1 5
Right Subcontract .................................................................................. i 6
Non -Discrimination ..................................................................................i 6
Severability ..............................................................................................i 6
W aive r .......................................................................................................1 7
Mileage - Independent School District No. 625 ........................................1 7
Duration Pledge ...................................................................................1 8
Appendix ............................................................................................1 9
Appendix ............................................................................................1 9
Appendix .....................................................................................20-21
Appendix ............................................................................................2 2
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PREAMBLE
This Agreement is entered into between Independent School District No. 625, hereinafter
referred to as the Empioyer and the Brickiayers and Aliied Craftsworkers Locai Union
No. 1, hereinafter referred to as the Union.
The Employer and the Union concur that this Agreement has as its objective the
promotion of the responsibilities of the Independent School District No. 625 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 i n
the Agreement but rather primarily on attitudes beriveen 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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ARTICLE 1. PURPOSE
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1.1
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The Employer and the Union agree that the purpose for entering into this
Agreement is to:
1.1 .1 Achieve orderly and peaceful relations, thereby establishing a system of
uninterrupted operations and the highest level of employee performance
that is consistent with the safety and well-being of all concemed;
1.1.2 Set forth rates of pay, hours of work, and other conditions of
employment as have been agreed upon by the Empioyer and the Union;
1.1 .3 Establish procedures to order{y and peacefu4ly resolve disputes as to the
application or interpretation of this Agreement without loss of
productivity.
1.2 The Employer and the Union agree that this Agreement serves as a supplement to
legislation that creates and directs the Employer. lf any part ofi this 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 Articie 25 (Severability).
ARTICLE 2. RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative for collective
bargaining purposes for all personnel having an empioyment status of regular,
probationary, and temporary employed in the, classes of positions defined in 2.2
as certified by the Bureau of Mediation Services in accordance with
Case No. 90-PCL-3142 dated February 2, 1990.
2.2 The classes of positions recognized as being exclusively represented by the Union
are as listed in Appendix A.
ARTICLE 3. EMPLOYER RIGHTS
3.1 The Employer retains the right to operate and manage all manpower, facilities,
and equipment; to establish functions and programs; to set and amend budgets; to
determine the utitization of technology; to establish and modify the organizational
structure; to select, direct, and determine the number of personnel; and to
perform any inherent manageriai function not specifically limited by this
Agreement.
3.2 Any "term or condition of empfoyment° not established by this Agreement sfiall
remain with the Employer to eliminate, modify or establish foliowing written
notification to the Union.
1
ARTICLE 4. 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.
4.1 .1 The Employer shail not deduct dues from the wages of employees covered
by this Agreement for any other labor organization.
4.1 .2 The Union shall indemnify and save harmiess the Employer from any
and all claims or charges made against the Employer as a result of the
implementation ot 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 right and responsibilities as designated in Article 22
(Grievance Procedure).
4.3 Upon notification to a designated Employer supervisor, the President of the Union
or the designated representative shall be permitted to enter the facilities of the
Employer where employees covered by this Agreement are working.
ARTICLE 5. SCOPE OF THE AGREEMENT
5.1 This Agreement establishes the `terms and conditions of employment" defined by
Minnesota Statute § 179A.03, Subdivision 19, for all employees exclusively
represented by the Union. This Agreement shali supersede such °terms and
conditions of empioyment" established by Civil Service Rule, Council Ordinance,
and Council Resolution.
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ARTICLE 6. PROBATIONARY PERIODS
%�`;-�Q
• 6.1 AII personnel, originaily hired or rehired foilowing separation, in a regular
+ employment status shali serve a six (6) month probationary period during
which time the employee's fitness and ability to pertorm the class of positions'
duties and responsibilities shali be evaluated.
6.1.1 At any time during the probationary period an employee may be
terminated at the discretion of the Empioyer without appeal to the
provisions of Article 22 (Grievance Procedure).
6.1 .2 An employee terminated during the probationary period shall receive a
written notice of the reason(s) for such termination, a copy of which
shall be sent to the Union.
6.2 All personnei promoted to a higher class of positions shall serve a six (6) month
promotional probationary period during which time the employee's fitness and
ability to perform the class of positions' duties and responsibilities shall be
evaluated.
6.2.1 At any time during the promotional probationary period an empioyee
may be demoted to the employee's previousiy-held class of positions at
the discretion of the Employer without appeal to the provisions of
Article 22 (Grievance Procedure).
� 6.2.2 An employee demoted during the promotional probationary period shall
be returned to the employee's previously-held class of positions and
shall receive a written notice of the reasons for demotion, a copy of
which shall be sent to the Union.
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ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The Employer and the Union are in full agreement that the philosophy of
empioyment and compensation shall be a°cash" hourly wage and "industry"
fringe benefit system.
7.2 The Employer shaff compensate empfoyees for af{ hours worked at the basic
hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages)
and 13 (Fringe Benefits).
7.3 No other compensation or fringe benefit shall be accumulated or earned by an
empioyee except as specificalty psovided for in this Agreement; except those
employees who have individually optioned to be °grandfathered" as provided by
Articie 12.2.
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ARTICLE 8. HOURS OF WORK
8.1 The normai workday 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 workdays Monday
through Friday.
8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment
to establish second and third shifts or a work week of other than Monday through
Friday, the Union agrees to enter into negotiations immediately to establish the
conditions of such shifts and/or work weeks.
8.4 This Section shall not be construed as, and is not a guarantee of, any hours of
work per normal workday or per normai 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 workday unless otherwise directed by
their supervisor.
8.6 All employees are subject to call back by the Employer as provided by Article 1 0
(Call Back).
8.7 Employees reporting for work at the established starti�g time and for whom no
work is available shall receive pay for two (2) hours, at the basic hourly rate,
uniess notification has been given not to report for work prior to leaving home,
or during the previous workday,
ARTICLE 9. OVERTIME
9.1 All overtime compensated for by the Employer must receive prior authorization
from a designated Employer supervisor. No overtime work claim will be honored
for payment or credit unless approved in advance. An overtime claim will not be
honored, even though shown on the time card, unless the required advanoe
approval has been obtained.
9.2 The overtime rate of one and one-half (1-1/2) the basic hourly rate shall be
paid for work performed under the following circumstances:
9.2.1
9.2.2
9.3
9.4
Time worked in excess of eight (8) hours in any one normal workday,
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Time worked in excess of forty (40) hours in a seven (7)-day period.
For the purposes of calculating overtime compensation, overtime hours worked
shall not be "pyramided " compounded or paid twice for the same hours worked.
Overtime hours worked as provided by this Article shall be paid in cash or in
compensatory time as determined by the Empioyer.
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ARTICLE 1 0. CALL BACK
• 10.1 The Employer retains the right to caii back employees before an empioyee has
• started a normal workday or normal work week and after an employee has
completed a normal workday or normal work week.
' 1 0.2 Employees called back shall receive a minimum of four (4) hours ofi pay at the
basic houriy rate.
10.3 The hours worked based on a cali back shall be compensated in accordance with
Article 9(Overtime), when appiicable, and subject to the minimum established
by 10.2 above.
1 0.4 Employees called back four (4) hours or less prior to their normal workday
shall complete the normal workday and be compensated only for the overtime
hours worked in accordance with Article 9(Overtime).
ARTICLE 1 1. WORK LOCATION
1 1.1 Employees shall report to work location as assigned by a designated empioyer
� supervisor. During the normal workday, employees may be assigned to other
work locations at the discretion of the Employer.
1 1.2 Employees assigned to work locaYions during the normal workday other than their
original assignment, and who are required to furnish their own transportation,
shall be compensated for mileage as set forth in Article 27 (Mileage).
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ARTICLE ] 2. WAGES
12.1 The basic hourly wage rate as established by Appendix C shall be paid for all •
hours worked by an employee. �
i 2.2 Employees who were covered by the fringe benefits listed below prior fo
February 4, 1974, shall continue to be covered by such benefits. They shail be
subject to all other provisions of the Agreement, but shall not have hourly fringe
benefit contributions and/or deductions made on their behalf as provided for by
Articie 13 (Fringe Benefits).
12,2.1 Insurance premium contributions as estab(ished by the Empioyer
including life, hospital, and health insurance premium contributions as
established as of the date of the early retirement for early retirees who
have retired since May 8, 1978 until such time as they reach
sixty-five (65) years of age. In order to be eligible for the insurance
premium contributions under the early retiree provision, or retiree
provision the employee must:
12.2.1 .1 Be receiving benefits from a public employee retirement act
at the time of retirement.
12.2.1 .2 Have severed the employment relationship with the City of
Saint Paul and Independent Schooi District No. 625 under
one of the early retiree plans.
12.2.1.3 Inform the Human Resource Office of Independent School �
District No. 625 and the City of Saint Paul in writing
within sixty (60) days of the employee's early retirement
date that he or she wishes to be eligible for early retiree
insurance benefits.
12.2.1,4 Retiree prior to April 30, 2000.
12.2.2 Sick leave as established by Civi! Service Rules, Section 20.
12.2.3 Vacation as established by the Saint Paul Saiary Plan and Rates of
Compensation, Section I, subdivision H.
12.2.4 Ten (10) legal holidays as established by the Saint Paul Salary Plan and
Rates of Compensation, Section 1. Subdivision I.
12.2.5 Severance benefits as established by the School District's Severance
Pay Plan with a maximum payment of $4,000. or as established by
Section 12.26 of this Article.
12.2.6 Severance Pay: Provisions effective September 1. i 984. The
Employer shall provide a severance pay program as set forth in this
Article:
12.2.6.1 To be eligible for the severance pay program, an employee
must meet the following requirements: �
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ARTICLE 12. WAGES (continued)
12.2.6.1.1 The employee must be fifty-eight (58) years of
age or older or must be eligible for pension
under the °Rule of 85° or the °Rule of 90"
provisions of the Public Employees Retirement
Association (PERA). The "Rule of 85' or the
"Rule of 90" criteria shall also apply to
employees covered by a public pension plan
other than PERA.
12.2.6.1.2 The employee must be voluntarily separated
from School District empioyment or have been
subject to separation by layoff or compulsory
retirement. Those employees who are
discharged for cause, misconduct, inefficiency,
incompetency or any other disciplinary reason
are not eligible for this severance pay program.
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12.2.6.1.3 The employee must have at least ten (10) years
of consecutive service under ihe classified or
unciassified Civil Service at the time of
separation. For the purpose of this Article,
empioyment in either the City of Saint Paul o r
in Independent School District No. 625 may be
used in meeting this ten (10)-year service
requirement.
12.2.6.1.4 The employee must file a waiver of
re-empioyment with the Directors oi
Personnel, for Independent School District No.
625 and the City of Saint Paul which w i I I
clearly indicate that by requesting 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.
12.2.6.1.5 The empfoyee must have accumufated a
minimum of sixty (60) days of sick leave
credits at the time of his separation from
service.
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12.2.6.2 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-ha�f
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 total payment of $7,500.
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ARTICLE 12. WAGES (continued)
12.2.6.3 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.
12.2.6.4 �or the purpose of this severance pay program, a transfer
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.
12.2.6.5 The manner of payment of such severance pay shall be made
in accordance with the provisions of the School District
Severance Pay Plan already in existence.
12.2.6.6 This severance pay program shall be subject to and govemed
by the provisions of the original School District Severance
Pay Plan (which allows $4,000 maximum payment)
except in those cases where the specific provisions of this
Section conflict with said Severance Pay Plan and in such
cases, the provisions of this Section control.
12.2.6.7 Any employee hired prior to February 15, 1974, may, i n .
any event, and upon meeting the qualifications of this
Article or the original School District Basic Severance Pay
Plan (which allows $4,000 maximum payment), draw
severance pay. However, an election by the employee to
draw severance pay under either this Article or the basic
School District Severance Pay Plan shall constitute a bar
to receiving severance pay from the other.
12.2.6.8 An employee of Independent School District No. 625 shall not
be eligible for the severance pay provision of this Article
if such employee is also eligible and a recipient of Early
Retirement Incentive payment under any Agreement
between the exclusive representative and the School
Disirict.
12.2.7 Flexible Expense Accounts Plan: It is the intent to maintain during the
term of this Agreement a plan for medical and child care expense
accounts to be available to employees in this bargaining unit who are
eligible for Employer-paid premium contribution for health insurance
for such expenses, within the established legal regulations and IRS
requirements for such accounts.
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ARTICLE '12. WAGES (continued)
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• 1 2.3 Regular employees not covered by the fringe benefits listed in Article 12.2 shail
be considered, for the purposes of this Agreement, participating employees and
shall be compensated in accordance with Article 12.1 (Wages) and have fringe
benefit contributions and/or deductions made on their behaif as provided for by
Article 13 (Fringe Benefits).
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12.4 Temporary employees shail be considered, for the purposes of this Agreement,
participating employees and shall be compensated in accordance with
Article 12.1 (Wages) and have fringe benefit contributions and/or deductions
made in their behaif as provided for by Article 13 (Fringe Benefits).
1 2.5 All regular employees employed after February 15, 1974, shall be considered,
for the purpose of this Agreement, participating empioyees and shall be
compensated in accordance with Article 12.1 (Wages) and have fringe benefit
contributions andfor deductions made on tfieir beha4f as provided for by
Article 13 (Fringe Benefits).
ARTICLE 1 3. FRINGE BENEF{TS
1 3.1 The Employer shall make contributions on behalf of and/or make deductions from
� the wages of participating employees as defined in Articles 12.3, 12.4, and 1 2.5
covered by this Agreement in accordance with Appendix D for all hours worked.
ARTICLE 14. SELECTION OF LEAD BRICKLAYER AND GENERAL LEAD BRICKLAYER
14.1 The selection of personnel for the class of position of Lead Bricklayer shali
remain solely with the Employer.
14.2 The class of position of Lead Bricklayer shall be filled by employees of the
bargaining unit on a"temporary assignment."
14.3 All "temporary assignments" shall be made oniy at the direction of a designated
Employer supervisor.
1 4.4 Such "temporary assignmenls" shall be made oniy in cases where the class of
' positions is vacant for more than one (1) normal workday.
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ARTICLE 15. HOLIDAYS
15.1 The following ten (10) days shall be designated as holidays:
New Years Day
Martin Luther King, Jr. Day
Presidents' Day
Memoriai Day
Independence Day
Labor Day
Veterans' Day
Thanksgiving Day
The Day After Thanksgiving
Christmas Day
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
November 11
Fourth Thursday in November
Fourth Friday in November
December 25
15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the
following Monday shall be considered the designated holiday. When any of these
three (3) holidays falls on a Saturday, the preceding Friday shall be considered
the designated holiday.
15.3 The ten (10) holidays shall be considered non workdays.
15.4 If, in the judgment of the Employer, personnel are necessary for operating o r
emergency reasons, employees may be scheduled or "called back" in accordance
with Articie 10 {Call Back).
15.5 Employees assigned to work on Martin Luther King, Jr. Day, Presidents' Day, the
day after Thanksgiving or Veterans' Day shall be compensated on a straight-time
basis for such hours worked.
15.6 Such participating employees assigned to work on New Year's Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be
compensated at the rate of two (2) times the basic hourly rate for such hours
worked.
15.7 If an emp(oyee is required to work on Martin Luther King, Jr. Day, Presidents'
Day, the day after Thanksgiving or Veterans' Day, the employee shall be granted
another day off with pay in lieu thereof as soon thereafter as the convenience of
the department permits or the employee shall be paid on a straight-time basis
for such hours worked, in addition to the regular holiday pay.
If an employee is required to work on New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day or Christmas Day, the employee
shall be compensated 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 regular holiday pay.
Eligibility for holiday pay shall be determined in accordance with Section
(one), Subsection I of the Saint Paul Salary Plan and Rates of Compensation.
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ARTICLE 15. HOLIDAYS (continued)
• 15.8 Employees entitled to a holiday, if Martin Luther King, Jr. 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 i n
session and shall be determined by Agreement between the employee and the
supervisor.
ARTICLE 16. DISCIPLINARY PROCEDURES
16.1 The Employer shall have the right to impose disciplinary actions on empioyees
for just cause.
16.2 Disciplinary actions by the Employer shall include only the foliowing actions:
16.2.1 Oral reprimand;
16.2.2 Written reprimand;
16.2.3 Suspension;
16.2.4 Demotion;
16.2.5 Discharge.
. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under
Mi�nesota Statute § 179a.20, Subd. 4, and thereby shali have the right to
request that such actions be considered a"grievance" for the purpose of
processing through the provisions of Article 22 (Grievance Procedure). Once an
employee or the Union acting in the employees behaif initiates review of an
action, that matter shall not be reviewed in another forum. Oral reprimands
shall not be subject to the grievance review procedures.
ARTICLE 17. ABSENCES FROM WORK
17.1 Empioyees who are unable to report for their normal workday have 4he
responsibility to notify their supervisor of such absence as soon as possible, but
in no event later Yhan the beginning of such workday.
17.2 Failure to make such no4ification may be grounds for discipline as provided i n
Article 16 (Disciplinary Procedures).
17.3 Failure to report for work without notification for three (3) consecutive normal
workdays may be considered a"quit° by the Empioyer on the part of the
employee.
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ARTICLE 18. SENIORITY
18.1 For the purpose of this Article the following terms shall be defined as follows: •
18.1.1 The Term, "Employer," Shall Mean Independent School District
No. 625, Saint Paul Public Schools.
18.1 .2 The term, "Master Seniority," shall mean the length of continuous
regular and probationary service with the Empioyer from the date an
employee was first appointed to any class title with the Employer
covered by this Agreement.
18.1.3 The term, "Class Seniority" shall mean the length of continuous
regular and probationary service with the Employer from the date an
employee was first appointed to a position with the Employer in a ctass
title covered by this Agreement.
This Section 18.1.3 is intended to mean that for any person no matter
what the person's prior experience or how hired by the District, the
person's class seniority starts at zero the day of appointment to a School
District position in that title and begins to be calculated from that date.
An employee's Class Seniority dces not revert to zero following recall
from an Employer initiated layoff within the twenty-four (24)-month
recall rights period specified in 18.4. This definiiion of class seniority
would be used for all layoff decisions.
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 o r
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
workforce, employees will be laid off by class title within each Department based
on inverse length of "Class Seniority" Employees laid off by the Employer shall
have the right to reinstatement in any lower-paid class title previously held
which is covered by this Agreemeni, provided the employee has greater "Class
Seniority" than the employee being replaced. Recall from IayoH shall be i n
inverse order of layoff, except thaY recall rights shall expire after twenty-four
(24) months from the last day of work preceding the layoff. No other Civil
Service recall rights to this Employer shall apply. This provision does not
address any righis the employee may have to be recalled to any other employer.
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. JURISDICTION
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19.1 Disputes conceming work jurisdiction between and among unions is recognized as
an appropriate subject to determination by the various unions representing
employees of the Employer.
1 9.2 The Employer agrees to be guided in the assignment of work jurisdiction by
mutual agreements between the unions involved.
1 9.3 In the event of a dispute concerning the performance or assignment of work, the
unions involved and the Employer shall meet as soon as mutualiy possible to
resolve the dispute. Nothing in the foregoing shaii restrict the right of the
Employer to accomplish the work as originally assigned pending resolution of the
dispute or to restrict the Employer's basic right to assign work.
19.4 Any employee refusing to perform work assigned by the Employer and as
clarified by Sections 19.2 and 19.3 above shall be subject to disciplinary action
as provided in Article 16 (Disciplinary Procedures).
1 9.5 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 probationary or regular employment status shall be
considered separated from employment based on the foilowing actions:
20.1 .1 Resignation. Employees resigning from employment shall give written
notice fourteen (14) calendar days prior to the effective date of the
resignation.
20.1.2 Discharae. As provided in Article 16.
20.1 .3 Failure to Report for Duty. As provided in Articie 17.
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20.2 Employees having a temporary employment status may be terminated at the
discretion of the Employer before the completion of a normal workday.
AflTiCLE 21. TOOLS
21 .1 All employees shall personally provide themselves with the tools of the trade �
listed in Appendix B.
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ARTICLE 22. 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
shali notify the Employer in writing of the names of the Stewards and their
successors when so named.
22.2 It is recognized and accepted by the Employer and the Union that ihe 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 empioyee have notified and received the approval of their
supervisar to be absent to process a grievance and that such absence wouid not be
detrimental to work programs of the Employer.
22.3 The procedure established by this Article shall except as previously noted in
Article 16 (Disciplinary Procedures), be the sole and exclusive procedure 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:
Ste° 1. Upon the occurrence of an alleged violation of this Agreement, the
employee involved shall attempi 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 llnion. The written
grievance shall set forth the nature of the grievance, the facts on which
it is based, the alleged section(s) of the Agreement violated, and the
relief requested. Any alleged violation of the Agreement not reduced to
writing by the Union within seven (7) 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
or the event giving rise to the grievance, shalf be considered waived.
Ste° 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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ARTICLE 22. GRIEVANCE PROCEDURE (continued)
• Ste� 3. Within seven (7) calendar days following receipt of a grievance
referred from Step 2, a designated Empfoyer Supervisor shall meet
with the Union President or the designated representative and attempt to
resolve the grievance. Within seven (7) calendar days foliowing this
meeting, the Employer shali reply in writing to the Union stating the
Employer's answer conceming the grievance. If, as a result of the
written response, the grievance remains unresolved, the Union may
refer the grievance to Step 4. Any grievance not 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.
Steo 4. If the grievance remains unresolved, the Union may within seven ( 7)
calendar days after the response of the Employer in Step 3, by written
notice to the Employer, request arbitration of the grievance. lhe
arbitration proceedings shall be conducted by an arbitrator to be
selected by mutual agreement of the Employer and the Union within
seven (7) calendar days after notice has been given. If the parties fail
to mutually agree upon an arbitrator within the said seven (7)-day
period, either party may request the Bureau of Mediation Services to
submit a panei of five (5) arbitrators. Both the Employer and the
Union shall have the righi to strike two (2) names from the panel. The
Union shall strike the first (1st) name; the Employer shall then strike
one (1) name. The process will be repeated and the remaining person
� shall be the arbitrator.
22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or
subtract from the provisions of this Agreement. The arbitrator 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 arbitrator shall be without power to make decisions contrary to
or inconsistent with or modifying or varying in any way the application of laws,
rules or regulations having the force and effect of law. The arbitrator's decision
shall be submitted in writing within thirty (30) days following close of the
hearing or the submission of briefs by the parties, whichever be later, unless
the parties agree to an e�ension. The decision shall be based solely on the
arbitrator's interpretation or application of the express terms of this Agreement
and to the facts of the grievance presented. The decision of the arbitrator shall be
final and binding on the Employer, the Union, and the employees.
22.6 The fees and expenses for the arbitrator's services and proceedings shall be
borne equally by the Employer and the Union, provided that each party shall be
responsible for compensating its own representative and witnesses. If either
party desires a verbatim record of the proceedings, it may cause such a record to
be made, providing it pays for the record.
22.7 The time limits in each sYep of this procedure may be extended by mutuai
agreemeni of the Employer and the Union.
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ARTICLE 23. RIGHT OF SUBCONTRACT
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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 workforce covered by this
Agreement, the Empioyer 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 24. 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 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.
ARTICLE 25. SEVERABILITY
25.1 In the event that any provision(s) of this Agreement is declared to be contrary to
law by proper legisiative, 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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ARTICLE 26. WAIVER
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• 26.1 The Employer and the Union acknowledge that during the meeting and negotiating
which resulted in this Agreement, each had the right and opportunity to make
proposals with respect to any subject conceming the terms and conditions of
employment. The agreements and understandings reached by the parties after the
exercise of this right are fully and completeiy set forth in this Agreement.
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26.2 Therefore, the Empioyer and the Union for the duration of this Agreement agree
that the other party shall not be obligated to meet and negotiate over any term o r
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.
26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and
rules or regulations regarding the terms and conditions of employment, to the
extent they are inconsistent with this Agreement, are hereby superseded.
ARTICLE 27. MILEAGE - INDEPENDENT SCHOOL DISTRICT NO. 625
27.1 Employees of the School District under policy adopted by the Board of Education
� may be reimbursed for the use of their automobiles for school business. To be
eligible for such reimbursement, empioyees must receive authorization from the
District Mileage Committee utilizing one of the following plans:
PLAN `A", effective with the adoption of this Agreement, is
reimbursed at the current Board of Education approved rate o r
31¢ per mile, whichever is more. In addition, a maximum
amount which can be paid per month is estabiished by an
estimate furnished by the employee and the employee's
supervisor.
Another consideration for establishing the maximum amount can
be the experience of another employee working in the same o r
similar position.
Under this pian, it is necessary for the employee to keep a
record of each trip made.
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ARTICLE 28. DURATION AND PLEDGE
28.1 This Agreement shall become effective as of the date of signing, except as specifically
provided otherwise in Articles 12 and 13, and shall remain in effect through the
30th day of Aprii 2000, and continue in effect from year to year thereafter unless
notice to change or to terminate is given in the manner provided in 28.2.
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 sixty ( 6 0)
calendar days prior to the expiration date, provided that the Agreement may oniy be
so terminated or modified effective as of the expiration date.
28.3 in consideration of the terms and conditions of employment established by this
Agreement and the recognition that the Grievance Procedure herein estabiished is the
means by which grievances concerning its appiication or interpretation may be
peacefuily resolved, the parties hereby pledge that during the term of the Agreement:
2B.3.1 The Union and the employees wiil not ergage in, instigate or Condone any
concerted action in which employees fail to report for duty, wiiifuity
absent themselves from work, stop work, slow down their work or absent
themseives in whoie or part from the futt, fakhful performance of their
duties of employment.
28.3.2 The Employer will not engage in, instigate or condone any lockout of
empioyees.
28.3.3 This constitutes a tentative Agreement behveen the parties which will be
recommended by the school board negotiator, but is subject to the approval
of the Board of Education, and is also subject to ratification by the Union.
Agreed to and attested to as the full and complete understanding of the parties for the period of
time herein specified by the signature of the foilowing representatives for the Employer and
the Union.
WITNESSES:
INDEPENDENT SCHOOL DISTRICT NO. 625
Assistant Manager
7 y8
Dat
AND ALLIED
RSILOCAL 1 OF MINNESOTA
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APPENDIX A
• The classes of positions recognized by the Empioyer as being exclusively represented by
r the Union are as foilows:
Brickiayer
Lead Bricklayer
Apprentice - Bricklayer
•
and other classes of positions that may be established by the Employer where the duties
and responsibilities assigned come within the jurisdiction of the Union.
I177��
All necessary hand tools.
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APPENDIX C
C-1 . The total hourly cost to the Empioyer for wages plus any and all contributions or
deductions stated in Appendix D of this Agreement shail not exceed the following
amounts:
Effective
4-25-98
Bricklayer
Lead Brickiayer
E�'�
$32.35
Effective
5-1 -99
$32.30
$33.70
C-2. The total tauabie hourly rate including wages and the vacation and working
assessment contributions in Appendix D and excluding all other benefit costs and
obligations in Appendix D, for regular and probationary employees appointed to
the following classes of positions and who are not covered by the Empioyer's
benefit package described in Article 122 shall be as follows:
Effective
4-25-98
Bricklayer
Lead Bricklayer
$22.73
$24.1 6
Effective
5-1-99
C-2A. The basic hourly wage rates in this Appendix (C-2A) are for compensation
analysis purposes only. These figures represent the portion of the
Appendix C-1 rates above specifically allocated to wages. These rates
do NOT include taxable benefit contributions and therefore should NOT
be used for taxable payroll calculations. See Appendix C-2 above for
total tauable payroll information.
Effective
4-25-98
Bricklayer
$20.73
Effective
5-1-99
.
Lead Bricklayer $22.16 '
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APPENDIX C (continued)
• C-3. The total taxable hourly rate including wages and the vacation contribution i n
� Appendix D for temporary employees appointed to the following classes of
positions shail be:
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Effective Effective
4-25-98 5-1-99
Bricklayer $23.91 �
Lead Bricklayer $25.41 '
If a temporary employee working in a title listed in this Appendix C-3 becomes
subject to the requirements of the Public Employees Retirement Act (PERA),
which thereby requires the Employer to make contributions to PERA, the
calculated hourly base rate may change so the Employer's cost does not exceed the
amounts listed in C-1 above.
NOTES FOR APPENDICES C-2. C-2A AND C-3:
` The April 25, 1998, hourly rates in Appendices C-2, C-2A and C-3 shall
� be determined at a later date based on the allocation agreed to by the
Employer and the Union of the April 25, 1998, total hourly cost stated i n
Appendix C-1.
C-4. The basic hourly wage rates for the Apprentice class of positions:
This Section is held open for the addition of appropriate Apprentice rates in the
event the Employer initiates the employment of Apprentices.
If the Union elects to have the contributions listed in Appendix D increased or decreased,
the Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a
way that the total cost of the package (wage rate plus contributions) remains constant
and does not exceed the amounts shown in Appendix C, Section C-1.
� When performing swing stage work, the rate of pay shall be forty-five cents ($.50) per
hour over the basic hourly rate of the above ciassifications.
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APPENDIX D
Effective April 25, 1998, the Employer shall forward the amounts designated in this �
Appendix D for participating employees covered by this Agreement and defined i n
Articles 12.3, 12.4, and 12.5 to depositories as directed by the Union and agreed to by
the Employer:
( 1) $2.00 per hour for all hours worked from which all appropriate payroll
deductions have been made to a Union-designated Vacatiort Fund.
( 2) $325 per hour for all hours worked to a Union-designated Health and
Welfare Fund.
( 3) $3.59 per hour for all hours worked to a Union-designated Pension Fund.
( 4) $.10 per hour for all hours worked to a Union-designated Apprenticeshio
Fund.
The Employer shall make legally established non-negotiated pension
contributions to PERA. Changes in the mandated PERA rate may change the
caiculated hourly base rate of pay so the Employer's cost does not exceed
the amounts listed in C1 above.
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All contributions made in accordance with this Appendix D shall be deducted from and are �
not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shall be
forwarded to depositories as directed by the Union and agreed to by the Employer.
The Employer shall establish Workers' Compensation and Unemployment Compensation
programs as required by Minnesota Statutes.
Participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this
Agreement shall not be eligible for, govemed by or accumulate vacation, sick leave,
holiday, funeral leave, jury duty or insurance fringe benefits that are or may be
established by Personnel Rules, Council Ordinance or Council Resolutions.
The Employer's fringe benefit obligation to participating employees as defined i n
Articles 12.3, 12.4, and 12.5 is limited to the contributions and/or deductions
established by this Agreement. The actuai levei of benefits provided to employees shall
be the responsibility of the Trustees of the various funds to which the Employer has
forwarded contributions and/or deductions.
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