88-1577 M�HITE - C�TV CIERK
PINK - FINANCE G I TY O F SA I NT PA U L Council
CANARV - DEPARTMENT
BLUE - MAVOR '/�►��
File N0.
ouncil Resolution �
I� �
Presented By '�
Referred To Committee: Date
Out of Committee By Date
RESOLVED, that the Council or the City of Saint Paul hereby approves
and ratifies the attached 19�� Maintenance Labor Agreement between the City of
Saint Paul and the International Union of Elevator Constructors, Local 9.
CO�U�LMEN Reque �-b��ep nt of:
Yeas �� Nays
"'�i°O"° �'�`��t `�' � [n Favor ERSONNEL OFFICE
Rettman
..aSCtie+hal b
Sonnen __ Age1I1St
..�adaseo�7�i�7P�
Wilson
�L'T 6 ��8 Form pprove by C' y At rney
Adopted by Council: Date �
Certified Y• •e y C n .il ,e r BY �
B}�
Appro by ENavor: Date _� Approved Mayor ' ion to Council
�
_ By .. �_G�.:
Q���=r�� 0�T 151988
_ . , r .:,� y '... . .
' F�EC��V�C� � ��/��r�
� �I° 014060 .
FERSONNEL-�,.ABUR RELATIONS DEPARTMENT . E d
JAMES LOMBARDI CONTACT NAML
29$-4221 PHONE n
SEPTEMBER 13. 1988 DATE IJ
ASSIGN NUMBER FOR ROUTING ORDER: (See reverse side.)
�Department Director 3 Mayor (or Assistant)
_ Finance and 1�Sanagement Sezwices Director 4 City Clerk
Budget Director _
City Attorney _
� A S G T (Clip all locations fo� signature.)
��T W�LL �E ACHIEVED BY TAKING ACTION ON T�E �ATTA�CHED MATERiALS? (Purpas�/Rationale)
;
This resolution approves the 1988 agreement between the City and the Elevator
Constructors Local No.9. The changes in this agreement are in the wages, paid
holidays and references to employer provided fringe benefits. The wage increases `
and paid holidays are based on the union settlement with the National Elevator
Industry.
' COSTIBENEFIT. BUDGETARY. AND PERSONNEL IMPACT3 ANTICIPATED:
The total package increase will be $.48 per hour.
The cost for the two affecred employees will be $1 ,996..80. RECE?�l��
�. SEF .i �'- 1988 �
��NANCING AND BU TIVITY NUMBER CHARG D OR CRED TE�t
(Mayor's signature not required if under $10.000.) .A'YOR'� C�.;��E��
Total Amount of Trans�ction: Activity Number:
Funding Source:
ATTACHMENTS: (List and numbar all attachments.> Council Research Center.
1 - Council Resolution
t - Agreement .SEP 1 s 1988 ,,
1 - Copy for City Clerk
ADI�IINI3TRATIVE PROCEDURES �
��Yes _No Rules, Regulations, Procedures, or Budget Aatendment required� .
` _Yes �No If xes, are they or timetable attached?
�EPARTMENT REVIEW , �ITY ATTORNEY REVIEW
�Yes _No Council resolution required4 Resolution required? E/' Yes _No
Yes �No Insurance required? Insurance sufficient? _Yes ____No
_Yes �No Insurance attached? ��
� ���"��-�7
t �
1988
MAINTENANCE LABOR AGREEMENT
- between -
THE CITY OF SAINT PAUL
- and -
INTERNATIONAL UNION OF
ELEVATOR CONSTRUCTORS,
' LOCAL 9
r �
f�����7
I N D E %
ARTICLE TITLE PAGE
Preamble iii
I Purpose 1
II Recognition , 2
III Employer Rights 3
IV Union Rights 4
V Scope of Agreement 5
VI Probationary Periods 6
VII Philosophy of Employment and Compensation 7
VIII Hours of Work g
I% Overtime g
R Call Back 10
%I Work Location 11
RII Wages 12
RIII Selection of Foreman and General Foreman 13
XIV Aolidays 14 -
XV Disciplinary Procedures 15
RVI Absences From Work 16
RVII Seniority 17
7NIII Jurisdiction i8
%I% Separation 19
RX Tools Zp
7�I Grievance Procedure 21
RRII Right of Subcontract 26
�III NonDiscrimination 27
XXIV Severability 28
RV Waiver 29
RXVI City Mileage Plan 30
%RVII Duration and Pledge 31
Appendix A A1
Appendix B B1
Appendix C C1
— ii —
' ` ��-,�-��
P R E A M B L E
This AGREEMENT is entered into between the City of Saint Paul,
hereinafter referred to as the II�LOYER and the International IInion of
Elevator Constructors, Local 9, hereinafter referred to as the UNION.
The EI�LOYER and the UNION concur that this AGREEMENT has as its
ob�ective the promotion of the responsibilities of the City of Saint Paul
for the benefit of the general public through effective labormanagement '
cooperation.
The EMPLOYER and the UNION both realize that this goal depends
not only on the words in the AGREEMENT but rather primarily on attitudes
between people at all levels of responsibility. Constructive attitudes of
the CITY, the UNION, and the individual employees will best serve the needs
of the general public.
— iii —
� ARTICLE I - PURPOSE ���Ir�??
1.1 The EMPLOYER and the UNION agree that the purpose for entering into
this AGREEMENT is to: "
1.11 Achieve orderly and peaceful zelations, thereby
establishing a system of uninterrupted operations
and the highest level of employee performance that
is consistent with the safety and wellbeing of
all concerned;
1.12 Set forth rates of pay, hours of work, and other
conditions of employment as have been agreed upon
by the E1�LOYER and the UNION;
1.13 Establish procedures to orderly and peacefully .
resolve disputes as to the application of inter-
pretation of this AGREEMENT without loss of manpower
productivity.
1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a
supplement to legislatioa that creates and directs the EI�LOYER. If
any part of this AGREEMENT is in conflict with such legislation, the
latter shall prevail. The parties, on written notice, agree to aegotiate
that part in conflict so that it conforms to the statute as provided
by Article 24 (SEVERABILITY) .
— 1 —
_ , 1
ARTICLE II - RECOGNITION
2.1 The II�LOYER recognizes the UNION as the exclusive representative
for collective bargaining purposes for all personnel having an
employment status of regular, probationary, provisional, temporary,
and emergency employed in the classes of positions defined in 2.2
as certified by the Bureau of Mediation Services in accordance
with Case No. 73-PR-475-A dated April 13, 1973.
2.2 The classes of positions recognized as being exclusively represented
by the UNION are as listed in Appendix A.
- 2 -
` (.,. ���`�7�
ARTICLE III - EhSPLOYER RIGHTS
3.1 The II�LOYER retains the right to opezate and manage all manpower,
facilities, and equipment; to establish functions and programs;
to set and amend budgets; to determine the utilization of
technology; to establish and modify the organizational etructure;
to select, direct, and determine the number of personnel; and to
perform any inherent managerial function not specifically limited
by this AGREEMENT.
3.2 Any "term or condition of employment" aot established by this
AGREEMENT shall remain with the E1�LOYER to eliminate� modify, or
establish following written notification to the UNION. •
- 3 -
ARTICLE IV — UNION RIGHTS
4.1 The El�LOYER shall deduct from the wages of employees who authorize
such a deduction in writing an amount necessary to cover moathly
IINION dues. Such monies deducted shall be remitted as directed by
the UNION.
4.11 The EMPLOYER shall not deduct dues from the wages
of employees covered by this AGREEMENT for any other
labor organization.
4.12 The UNION shall indemnify and save harmless the
EMPLOYER from any and all claims or charges made
against the EMPLOYER as a result of the implementation
of this ARTICLE. -
4.2 The UNION may designate one (1) employee from the bargaining unit to
act as a Steward and shall inform the II�LOYER in writing of such
designation. Such employee shall have the rights and responsibilities
as designated in Article 21 (GRIEVANCE PROCEDURE) .
4.3 Upon notification to a designated EMPLOYER supervisor, the Business
Manager of the IINION, or his designated representative ehall be
. permitted to enter the facilities of the EMPLOYER where employees
covered by this AGREEMENT are working.
— 4 —
, , @��-,r�7
ARTICLE V - SCOPE OF THE AGREEMENT
5.1 This AGREEMENT establiehes the "terms and conditions of employment"
defined by M.S. 179.63, Subd. 18 for all employees exclueively
represented by the UNION. This AGREErtEDTT shall supersede such
"terms and conditions of employment" established by Civil Service
Rule, Council Ordinance, and Council Resolution.
— S —
ARTICLE VI - PROBATIONARY PERIODS
6.1 All personnel, originally hired or rehired following separation, in a
regular employment status shall Berve a six (6) month's probationary
period during which time the employee's fitness and ability to perform
the class of positions' duties and responsibilities shall be evaluated.
6.11 At any time during the probationary period an
employee may be terminated at the discretion of
the EMPLOYER without appeal to the provisions of
ARTICLE 21 (GRIEVANCE PROCEDURE) .
6.12 An employee terminated during the probationary '
period shall receive a written notice of the reason(s)
for such termination, a copy of which shall be sent •
to the UNION.
6.2 All personnel promoted to a higher class of positions shall serve a six
(6) months' promotional probationary period during which time the employee's
fitness and ability to perform the class of positions' duties and responsi-
bilities shall be evaluated.
6.21 At any time during the promotional probationary period
an employee may be demoted to the employee's previously
held class of positions at the discretion of the EI�LOYER
without appeal to the provisions of Article 21 (GRIEVANCE
PROCEDURE) .
6.22 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 VII - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The EMPLOYER and the UNION are in full agreement that the philosophy
of employment and compensation shall be a "cash" hourly wage -and
"industry" fringe benefit system.
7.2 The II�IPLOYER shall compensate employees for all hours worked at the
basic hourly wage rate as found in Article 12 (WAGES) .
7.3 No other compensation or fringe benefit shall be accumulated or
earned by an employee except as specifically provided for in this
AGREEMENT.
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� ARTICLE VIII - HOURS OF WORR '
8.1 The normal work day shall be eight (8) consecutive hours per day,
excluding a thirty (30) minute unpaid lunch period, between �:00
a.m. and 5:30 p.m.
8.2 The normal work week shall be five (5) consecutive normal work days
Monday through Friday.
8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER'S
�udgment to establish second and third shifts or a work week of other than
Monday through Friday, the 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, ang
hours of work per normal work day or per normal work week.
8.5 All employees shall be at the location designated by their supervisor, ready
for work, at the established starting time and shall remain at an assigned
work location until the end of the established work day unless otherwise
directed by their supervisor.
8.6 All employees are sub�ect to callback by the EI+�LOYER as provided by
. Article 10 (CALL BACR) .
8.7 Employees reporting for work at the established etarting time and for
whom no work is available shall receive pay for two (2) hours, at the
basic hourly rate, unless notification has been given not to report for
work prior to leaving home, or during the previous work day.
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l�f�j/i�7/
ARTICLE IX - 0`1ERTIME �T ��
9.1 All overtime compensated for by the EI�LOYER must receive prior authori-
zation from a designated EhIPLOYER 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 ehown on the time card,
unless the required advance approval has been obtained.
9.2 The overtime rate of one and onehalf (1}) the basic hourly rate shall
be paid for work performed under the following circumstances:
9.21 Time worked in excess of eight (8) hours in any one
aormal work day and
9.22 Time worked on a sixth (6th) day following a normal
work week. •
9.3 The overtime rate of two (2) times the basic hourly zate shall be paid
for work performed under the following circumstances:
9.31 Time worked on a holiday as defined in Article 14
(HOLIDAYS) ;
9.32 Time worked on a seventh (7th) day following a
normal work week; and
9.33 Time worked in excess of twelve (12) consecutive
hours in a twenty-four (24) hour period, provided,
that all "emergency" work required by "Acts of God"
shall be campensated at the rate of one and one-half
. (1�)•
9.4 For the purposes of calculating overtime compensation overtime hours
worked shall not be "pyzamided", compounded, or paid twice for the same
hours worked. '
9.5 Overtime hours worked as provided by this ARTICLE ehall be paid in cash
or compeneatory time at the option of the Employer.
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, ,
ARTICLE R - CALL BACK
10.1 The EI�LOYER retains the right to call back employees before an
employee has started a normal work day or normal work week and
after an employee has completed a normal work day or normal work
week.
10.2 Employees called back shall receive a minimum of four (4) hours pay
at the basic hourly rate.
10.3 The hours worked based on a callback shall be compensated in accordance
with Article 9 (OVERTIME) , when applicable, and subject to the minimum
established by 10.2 above.
10.4 Employees called back four (4) hours or less prior to their normal work
day shall complete the normal work day and be compensated only for the
overtime hours worked in accozdance with Article 9 (OVERTIME).
- 10 -
. , C��y'�`S��
ARTICLE RI - WORK LOCATION
11.1 Employees shall report to work location as assigned by a designated
ENhIPLOYER supervisor. During the normal work day employees may be
assigned to other work locations at the discretion of the EMPLOYER.
11.2 Employees assigned to work locations during the normal work day,
other than their original assignment, and who are required to furnish
their own transportation shall be compensated for mileage.
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: . ,
ARTICLE RII - WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be
paid for all hours worked by an employee.
12.2 Temporary employees shall be compensated in accordance
with Paragraph A of Appendix C and shall not have any fringe
benefit contributions and/or deductions made in their behalf.
12.3 All regular and provisional employees shall be compensated in accordance
with Paragraph B of Appendix C and shall not have any fringe benefit
contributions and/or deductions made in their behalf.
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ARTICLE XIV - HOLIDAYS
14.1 The following ten (10) days shall be designated as holidays:
New Year's Day, January 1
Martin Luther King Day, Third Monday in January (effective 1986)
Presidents' Day, Third Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, first Monday in September
Columbus Day, second Monday in October
Veterans' Day, November 11
Thanksgiving Day, fourth Thursday in November
Christmas Day, December 25
14.2 Of the ten (10) designated holidays in 14.1 above the following holidays are
designated as paid holidays.
New Year's Day, January 1
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, first Monday in September
Columbus Day, second Monday in October -
Thanksgiving Day, fourth Thursday in November
Christmas Day, December 25
14.3 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.
14.4 The ten (10) holidays listed in 14.1 above shall be considered non-work days.
14.5 If, in the �udgment of the EMPLOYER, personnel are necessary, employees
may be scheduled or "called back" in accordance with Article 10 (CALL BACK) .
14.6 Employees assigned to work on Martin Luther Ring Day, President's Day, or
Veteran's Day shall be compensated on a straight Lime basis for such hours
worked.
14.7 Employees assigned to work on New Year's Day, Memorial
Day, Independence Day, Labor Day, Columbus Day, Thanksgiving Day or Christmas
Day shall be compensated at the rate of two (2) times the basic hourly rate
for such hours worked.
14.8 This Article 14 shall be effective as of June 1, 1988.
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, ���'is��
ARTICLE 3N — DISCIPLINARY PROCEDURES
15.1 The II+�LOYER shall have the right to impose disciplinary actions on
employees for 3ust cause. "
15.2 Disciplinary actions by the EMPLOYER shall include only the following
actions:
15.21 Oral reprimand
15.22 Written reprimand
15.23 Suspension
15.24 Demotion
15.25 Discharge
15.3 Employees who are suspended, demoted, or discharge shall have the right
to request that such actions be reviewed by the Civil Service Commission
or a designated Board of Review. The Civil Service Commission, or a
designated Board of Review, shall be the sole and exclusive means of
reviewing a suspension, demotion, or discharge. No appeal of a suspension,
demotion, or discharge shall be considered a "grievance" for the purpose
of processing through the provisions of Article 21 (GRIEVANCE PROCEDURES).
— 15 —
ARTICLE XVI — ABSENCES FROM WORK
16.1 Employees who are unable to report for their normal work day have
the responsibility to notify their supervisor of such absence as
soon as possible, but in no event later than the beginning of such
work day.
16.2 Failure to make such notification may be grounds for discipline
as provided in Article 15 (DISCIPLINARY PROCEDURES) .
16.3 Failure to report for work without notification for three (3)
consecutive normal work days may be considered a "quit" by the
EMPLOYER on the part of the employee.
— 16 —
� ��i/��!
ARTICLE XVII — SENIORITY �
17.1 Seniarity, for the purposes of this AGREEMENT, shall be defined as
follows: -
17.11 "Master Seniority" the length of continuous regular
and probationary service with the F.MPLOYER from the
last date of employment in any and all class titles
covered by this AGREEMENT. �.
17.12 "Class Seniority" the length of continuous regular
and probationary service with the EMPLOYER from the
date an employee was first appointed to a class title
covered by this AGREEMENT.
17.2 Seniority shall not accumulate during an unpaid leave of absence, except
when such a leave is granted for a period of Iess than thirty (30)
calendar days; is granted because of illness or injury; ie granted to .
allow an employee to accept an appointment to the unclassified service
of the EMPLOYER or to an elected or appointed fulltime position with
the UNION.
17.3 Seniority shall terminate when an employee retires, resigns, or is
discharged.
17.4 In the event it is determined by the EI�LOYER that it is necessary to
reduce the work force employees will be laid off by class title within
each department based on inverse length of "Class Seniority". Employees
laid off shall have the right to reinstatement in any lowerpaid class
title previously held, provided, employee has greater "Class Seniority"
than the emploqee being replaced.
17.5 The selection of vacation periods shall be made by clase title based on
length of "Class Seniority", subject to the approval of the EI�LOYER.
— 17 —
ARTICLE RVIII — JURISDICTION
18.1 Disputes concerning work �urisdiction between and among unions is
recognized as an appropriate sub�ect for determination by the various
unions representing employees of the EI�LOYER.
18.2 The EhhIPLOYER agrees to be guided in the assignment of work jurisdiction
by any mutual agreements between the unions involved.
18.3 In the event of a dispute concerning the performance or assignment of
work, the unions involved and the EI�LOYER shall meet as soon as mutually
possible to resolve the dispute. Nothing in the foregoing shall restrict
the right of the EMPLOYER to accomplish the work as originally assigned
pending resolution of the dispute or to restrict the ENiPLOYER'S basic
right to assign work.
18.4 Any employee refusing to perform work assigned by the EMPLOYER and as
clarified by Sections 18.2 and 18.3 above shall be sub�ect to disciplinary
action as provided in Article 15 (DISCIPLINARY PROCEDURES) .
18.5 There shall be no work stoppage, slow dowa, or any disruption of work
resulting from a work assignment.
— 18 —
. . �,��-,r�7�
ARTICLE XIX — SEPAR.ATION
19.1 Employees having a probationary or regular employment status ehall
be considered separated from employment based on the following --
actions:
19.11 Resignation. Employees resigning from employment
shall give written notice fourteen (14) calendar
days prior to the effective date of the resignation.
19.12 Discharge. As provided in Article 15.
19.13 Failure to Report for Duty. As provided in Article 16.
19.2 Employees having a temporary or provisional employment status may be
terminated at the discretion of the EMPLOYER before the completion of •
a normal work day.
— 19 —
, , ����'��7
ARTICLE RXI - GRIEVANCE PROCEDURE
21.1 The EMPLOYER shall recognize etewards selected in accordance with UNION
rules and regulations as the grievance representative of the�bargaining
unit. The UNION shall notify the EMPLOYER in writing of the names of
the stewards and of their successors when so named.
21.2 It is recognized and accepted by the EhII'LOYER and the UNION that the
processing of grievances as hereinafter provided is limited by the �ob
duties and responsibilities of the employees and shall therefore be
accomplished during working hours only when consistent with such employee
duties and responsibilities. The steward involved and a grieving
employee shall suffer no loss in pay when a grievance is processed •
during working hours, provided. the steward and the employee have
notified and received the approval of their supervisor to be absent to
process a grievance and that such absence would not be detrimeatal to
the work programs of the F.MPLOYER.
21.3 The procedure established by thie ARTICLE shall be the sole and exclusive
procedure, except for the appeal of disciplinary action as provided by
15.3, for the processing of grievances, which are defined as an alleged
. violation of the terms and conditions of this AGREEMENT.
21.4 Grievances shall be resolved in conformance with the following procedure:
Step 1. Upon the occurrence of an alleged violation of this
AGREEMENT, the employee iavolved shall attempt to resolve
the matter on an informal basis with the employee's
supervisor. If the matter ie not resolved to the
- 21 -
/ ' ,
ARTICLE XXI - GRIEVANCE PROCEDURE (Continued)
employee's satisfaction by the informal discussion it
may be reduced to writing and referred to Step 2 by the�
UNION. The written grievance shall set forth the nature
of the grievance, the facts on which it is based, the
alleged section(s) of the AGREEMENT violated, and the
relief requested. Any alleged violation of the AGREE-
MENT not reduced to writing by the UNION within seven (7)
calendar days of the first occurrence of the event giving
rise to the grievance or within the use of reasonable
diligence should have had knowledge of the first
occurrence of the event giving rise to the grievance, .
shall be considered waived.
Step 2. Within seven (7) calendar days after receiving
the written grievance a designated EMPLOYER supervisor
shall meet with the UNION Steward and attempt to resolve
the grievance. If, as a result of this meeting, the
grievance remaine 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 EI�LOYER'S
written answer. Any grievance not referred in
writing by the UNION within seven (7) calendar
days following receipt of the EI�LOYER'S answer
shall be considered waived.
- 22 -
. , , ����i��7
ARTICLE XRI - GRIEVANCE PROCEDURE (Continued)
Step 3. Within seven (7) calendar days following receipt
of a grievance referred from Step 2 a designated E[�LOYER
supervisor shall meet with the Onion Business Manager or
his designated representative and attempt to resolve the
grievance. Within seven (7) calendar days following this
meeting the F.MPLOYER shall reply in writing to the UNION
stating the EMPLOYER'S answer concerning the grievance.
If, as a result of the written response the grievance remains
unresolved, the UNION may refer the grievance to Step 4.
Any grievance not referred to in writing by the UNION to
Step 4 within seven (7) calendar days following receipt of
the EMPLOYER'S anewer shall be considered waived.
Step 4. If the grievance remains unresolved, the UNION
may within seven (7) calendar days after the response of
the E1�LOYER in Step 3, by written notice to the EI�LOYER,
request arbitration of the grievance. The arbitration
proceedings shall be conducted by an arbitrator to be
selected by mutual agreement of the E[�LOYER 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 Public Employment Relations
Board to submit a panel of five (5) arbitrators. Both
the ENN�LOYER and the UNION shall have the right to
strike two (2) names from the panel. The ONION shall
— 23 —
ARTICLE RRI - GRIEVANCE PROCEDURE (Continued) ,
strike the first (lst) name; the EMPLOYER shall then
etrike one (1) name. The process will be repeated -
and the remaining pereon shall be the arbitrator.
21.5 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 iJNION and shall have no authority
to make a decision on any other issue not so submitted. The arbitrator
_ ehall be without power to make decisions contrary to or incoasistent
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 eubmitted in writing within thrity (30) days
following close of the hearing or the submission of briefs by the
parties, whichever be later, unless the parties agree to an extension.
The decieion 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 II�SPLOYER, the tTNION and the employees.
21.6 The fees and expenses for the arbitrator's services and proceedings
shall be borne equally by the II�IPLOYER and the UNION, provided that
each party ehall 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 pzoviding it pays
for the record.
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ARTICLE RXI — GRIEVANCE PROCEDURE (Continued)
21.7 The time limits in each step of this procedure may be extended by
mutual agreement of the F.MPLOYER and the UNION. -
- 25 -
`ARTICLE XXII — RIGHT OF SUBCONTRACT +
22.1 The EMPLOYER may, at any time during the duration of this AGREEMENT,
contract out work done by the employees covered by this AGREEMENT.
In the event that such contracting would result in a reduction of
the work force covered by this AGREEMENT, the EMPLOYER shall give
the UNION a ninety (90) calendar day notice of the intention to
subcontract.
22.2 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.
— 26 —
• r •
V" ������
ARTICLE RRIII - NON-DISCRIMINATION
23.1 The terms and conditions of this AGREEMENT will be applied to
employees equally without regard to, or discrimiaation for or
against, any individual because of race, color, creed, sex,
age, or because of inembership or nonmembership in the UNION.
23.2 Employees will perform their duties and responsibilities in a
nondiscriminatory manner as such duties and responsibilities
involve other employees and the general public.
- 27 -
ARTICLE XRIV - SEVERABILITY • • }
24.1 In the event that any provision of this AGREEMENT is declared
to be contrary to law by proper legislative, administrative��or
�udicial 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.
24.2 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 �udicial determination.
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ARTICLE RXV — WAIVER
25.1 The EMPLOYER and the UNION acknowledge that during the meeting and
negotiating which resulted in this AGREEMEATT, each had the right
and opportunity to make proposals with respect to any subject
concerning the terms and conditions of employment. The agreements
and understandings reached by the parties after the exercise of
this right are fully and completely set forth in this AGREEMENT.
25.2 Therefore, the EMPLOYER and the UNION for the duration of this
AGREEMENT agree that the other pazty shall not be obligated to
meet and negotiate over any term or condition of employment
whether specifically covered or not specifically covered by this .
AGREEMENT. The UNION and EMPLOYER may, however, mutually agree
to modify any provision of this AGREEMENT.
25.3 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.
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. . .
ARTICLE RXVI - CITY MILEAGE
26.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the
Saint Paul Administrative Code, as amended, pertaining to reimbursement
of City officers and employees for the use of their own automobiles in
the performance of their duties, the following provisions are adopted.
26.2 Method of Computation: To be eligible for such reimbuzsement, all
officers and employees must receive written authorization from the
Department Head.
Type 1. If an employee is required to use his/her own sutomobile
OCCASIONALLY during employment, the emgloyee shall be reimbursed at
the rate of 53.00 per day for each day the employee's vehicle is
actually used in performing the duties of the employee's position.
In addition, the employee shall be reimbursed 15C per mile for each
mile actually driven.
If such employee is required to drive an automobile during employment and
the department head or designated representative determines that an
employer vehicle is available for the employee's use but the employee '
desires to use his/her own automobile, then the employee shall be reim-
bursed at the rate of 15C per mile driven and shall not be eligible
for any per diem.
Type 2. If an employee is required to use hie/her own sutomobile
REGULARLY during employment, the employee ehall be reimbursed at the
rate of �3.00 per day for each day of work. In addition, the employee
shall be reimbursed 15C per mile for each mile actually driven.
If such employee is required to drive an sutomobile during employment
and the department head or designated representative determines that
an employez vehicle is available for the employee's use but the employee
desires to use his/her own sutomobile, then the employee shall be reim-
bursed at the rate of 15C per mile driven and shall not be eligible for
any per diem.
Z6.3 The City will provide parking at the Civic Center Parking Ramp for City
employees on either of the above mentioned types of reimbursement plans
who are required to have their personal car available for City business.
Such parking will be provided only for the days the employee is required
to have his or her owa personal car available.
26.4 Rules and Regulations: The Mayor shall adopt rules and regulations
governing the procedures for automobile reimbursement, which regulations
and rules shall contain the requirement that recipients shall file daily
zeports indicating miles driven and shall file monthly affidavits stating
the number of days worked and the number of miles driven, and further
require that they maintain automobile liability insurance in amounts of
not less than 5100,000/5300,000 for personal injury, and 525.000 for
property damage, or liability ineurance in amounte not less than 5300,000
single limit coverage, with the City of Saint Paul named as an additional
insured. These rules and regulations, together with the amendment thereto,
shall be maintained on file with the city clerk.
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. . . �����-��
ARTICLE RRVII - DURATION AND PLEDGE
27.1 This AGREEMENT shall become effective as of the date of signing,
except as specifically provided otherwise in Article 12 and
shall remain in effect through the 2nd day of June 1989, and continue
in effect from year to year thereafter unless notice to change or to
terminate is given in the manner provided in 27.2.
27.2 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 (60) calendar days prior to the
expiration date, provided, that the AGREEMENT may only be so terminated
or modified effective as of the expiration date.
27.3 In consideration of the terms and conditions of employment established
by this AGREEMENT and the recognition that the GRIEVANCE PROCEDURE
herein established is the means by which grievances concerning its
application or interpretation may be peacefully resolved, the parties
hereby pledge that during the term of the AGREEMENT:
27.31 The UNION and the employees will not engage in,
instigate, or condone any concerted action in which
employees fail to report for duty, willfully absent
themselves from work, stop work, slow down their work,
or absent themselves in whole or part from the full,
faithful performance of their duties of employment
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� . ,. .
ARTICLE I�VII - DURATION AND PLEDGE (Continued)
27.32 The EMPLOYER will not engage in, instigate, or condone
any lockout of employees.
27.33 This constitutes a tentative agreement between the
parties which will be recoffiended by the City Negotiator,
but is sub�ect to the approval of the Administration of
the City, the City Council and is also subject to
ratification by the UNION.
AGREED to this 6th day of $2pt. , 1988, and attested to as the
full and complete understanding of the parties for the period of time herein
specified by the signature of the following representative for the EMPLOYER
and the UNION.
WITNESSES:
INTERNATIONAL UNI OF ELEVATOR
CITY OF SAINT PAUL CONSTRUCTORS LOCA NO 9
�
a or tion anager B ines Ma ge
Pe el Director
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APPENDIX A
The classes of positions recognized by the EMPLOYER as being exclusively
represented by the UNION are as follows: �
Elevator Inspector
and other classes of posi�ions that may be established by the EI�LOYER where
the duties and responsibi�i.ties assigned comes within the jurisdiction of
the UNION.
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�. .. .�. ���s�'�
APPENDIX C
A. The basic hourly wage for temporary employees appointed to the following class
of positions shall be:
Effective
June 4, 1988
Elevator Inspector . . . lst Step 524.04
2nd Step 526.50
B. The basic hourly wage rate for provisional, regular and probationary
employees appointed to the following classes of positions shall be:
Effective
June 4, 1988 .
Elevator Inspector . . . lst Step 523.12* '
2nd Step E25.48*
The EMPLOYER shall establish Worl�an's Compensation and Unemployment
Compensation programs as required by Minnesota Statutes.
The wage rate for the title of Elevator Inspector shall consist of two
steps. The first step shall be the entry level step. The second step shall be
paid to those who successfully perform for at least 1040 hours at the entry level.
*The basic hourly rates for provisional, regular and probationary employees are the
same as the basic hourly rates as shown for temporary employees less the cost of
a 4.0� Employer's contribution to the Public Employees Retirement Association.
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