99-35Council File # �q'3S
OR1GIfvAL
Green Sheet # 62423
RESOLUTION
CITY OF SA►NT PAUL, MINNESOTA
Presented by
Referred To
Committee Date
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RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
2 June 1, 1998 through May 31, 2000 Employment Agreement between the Independent School District
No. 625, Saint Paul Public Schools, and the Operative Plasterers Loca1 Union No. 265.
Requested by Department of:
Office of Labor Relations
Adopted by Council: Date , c�- � �
Adoption Certified by Council Secretary
By: � ��- � F .
App:oved by Mayor: Date �-- �� �4 �9
By: ��(il2 l���G'�ifi/ ,
By: �i�vfJ�("�
Form Appr ved by Ci Attomey
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DEPARTMENT/OFFICE/COUNCII,: DATE INTI7ATED GREEN SHEET xo.: 62423 �, � qp �
LABOR RELATIONS 12/28198 �
CONTAGT PERSON & PHONE: a INiTTAllDAtE Qi117AllDATE
JLJLIE KRAUS 266-6513 ,�ICN i nEenxrN¢xr D�K . a cirY cour�cn.
N[IMBER 2 C1TY ATTORNEY CITY CLII2K
MUSP BE ON COUNCII. AGENDA BY (DATE) �R BUD(''EI' DIR' FIN- & MGT. SERVICE DIIt
ROUTING 3 MAYOR (OR ASST.1 /�
ORDER ��
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
acnox �QUesr�u: 'I'his resolution approves the attached June 1, 1998 through May 31, 2000 Employment
Agreement between Independent School District No. 625, Saint Paul Public Schools, and the Operative Plasterers
Local Union No. 265.
RECOhA1ENDATTONS: Approve (A) or Reject (R) PERSONAI, SERVICE CONTRACIS MUST ANSWER 1TIE FOLLOWING
QUESITONS:
_PLANNiNG COMhIISSION _CML SERVICE COMtvIISSION l. Has tfiis person/firm eva worked under a contract for this department?
_CIB COhA9TTEE Yes No
_STAFF 2. Has this persodfum ever been a city employee?
DISTRICT COiJItT Yes No
SUPPORTS WtIICH COIJNCIL OBJECTIVE7 3. Dces this person/fvm possess a skiil not novnally possessed by any current city employee?
Ye No
Explaia all yes aoswers on upante sheet eod attach to green sheet
WITIATING PROBLEM, ISSUE, OPPORT[JNITY (W6o, Whay When, Where, Why):
This Agreement pertains to Board of Education employees only.
ADVANTAGES IF APPROVED:
DISADVANTAGESIFAPPROVED: �R r<�y�'�".:=�"''. �.�;'
L�,� � � ���a
DISADVANTAGES IF NOT APPROVED:
TOTAL AMOLJNT OF TRANSACfION: COST/REVEN[JE BUDGETED:
FUNDINGSOURCE: AGTIVITYNUMBER: �ECEIVEQ
�vnxcinLm�o�nriox:�acr� pEG � 0 1998
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INDEPENDENT SCHOOL DISTRICT NO. 625 Gt9 -�S
BOARD OF EDUCATION
SAINT PAUL PUBLIC SCHOOLS
DATE: August 18, 1998
TOPIC: Approval of an Employment Agreement with Operative Plasterers, Local
Union No. 265, to Establish Terms and Conditions of Employment for
1998-2000
A. PERTINENT FACTS:
1. New Agreement is for the two-year period June 1, 1998 through May 31, 2000.
2. The language provisions of the previous contract remain essentially unchanged, except for
necessary changes to dates and outdated references.
3. The District has two 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 Lois M. Rockney, Interim
Executive Director, Fiscal Affairs and Operations.
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement concerning the terms and conditions of employment of those employees in this school
district for whom Operative Plasterers, Local Union No. 265 is the exclusive representative;
duration of said Agreement is for the period of June 1, 1998 through May 31, 2000.
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ARTICLE
Article 1.
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Acticte 13
Article 14
Article 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
TITLE PAG E
Preambie.................................................................................................... i v
Purpose ...................................................................................................... i v
Recognition ..................................................................................................1
Employer ..........................................................................................1
UnionRights ................................................................................................2
Scopeof the Agreement ................................................................................ 2
Probationary Periods ..................................................................................3
Philosophy of Employment And Compensation ............................................ 3
Hours Work .............................................................................................4
Overtime...................................................................................................... 5
Call Back ......................................................................................................6
WorkLocation .............................................................................................6
Wages ........................................................................................................... 6
Fringe Benefits ............................................................................................7
Selection of Lead Plasterer and General �ead Plasterer .............................7
Holidays....................................................................................................... 8
Disciplinary Procedures .............................................................................9
AbsencesFrom Work ...................................................................................9
Seniority ...................................................................................................1 Q
Jurisdiction...............................................................................................1 1
Separation .................................................................................................1 1
Tools ..........................................................................................................1 1
Grievance Procedure .................................................................................1 2
Right of Subcontract ..................................................................................i 4
Non-Discrimination ..................................................................................i 4
Severability ..............................................................................................1 4
Waiver.......................................................................................................1 5
Mifeage......................................................................................................1 5
Durationand Pledge ...................................................................................1 6
Appendix .................................................................................................1 7
Appendix .................................................................................................1 7
Appendix ..........................................................................................1 8 -1 9
AppendixD .................................................................................................2 0
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PREAMBLE
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This Agreement is entered into between Independent School District No. 625, 1
hereinafter referred to as the Employer, and the Operative Piasterers and Cement
Masons Internationai Association Local 265, hereinafter referred to as the Union.
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The Empioyer and the Union concur that this Agreement has as its objective the
promotion of the responsibility 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 in the Agreement but rather primarily on aitiTudes beiween 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 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 ail concerned;
1.1.2 Set forth rates of pay, hours of work, and other conditions of
empioyment as have been agreed upon by the Employer and the Union;
1.1 .3 Estabiish procedures to orderly and peacefully 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. If any part of 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 �
provided by Article 25 (Severability).
ARTICIE 2. RECOGNITION
� 2.1 The Employer recognizes the Union as the exclusive representative for coilective
bargaining purposes for all personnel having an employment 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 C�Se
No.90-PCL-3134 dated January 26, 1990.
2.2 The ciasses of positions recognized as being exclusively represented by the Union
are as listed in Appendix A.
ARTICIE 3. EMPLOYER RIGHTS
3.1 The Employer retains the right to operate and manage ail 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
structure, to select, direct, and determine the number of personnel; and to
pertorm any inherent managerial function not specifically limited by this
Agseement.
, 3.2 Any "term or condition of employmenY' not estabiished by this Agreement shall
remain with the Empioyer to eliminate, modify or establish following written
• notification to the Union.
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ARTfCLE 4. UNION RIGHTS
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4.1 The Employer shali 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 shall 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 Empioyer from any
and all ciaims or charges made against the Empioyer as a result of the
implementation of this Article.
4.2 The Union may designate one (1) employee from the bargaining unit to act as a
Steward and shall inform the Employer in writing of such designation. Such
employee shall have the rights and responsibilities as designated in Article 22
(Grievance Procedure).
4.3 Upon notification to a designated Employer supervisor, the Business Manager of
the Union or the designated representative shall be permitted to enter the
facilities of the Empioyer where employees covered by this Agreement are
working.
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ARTICLE 5. SCOPE OF THE AGREEMENT
5.1 This Agreement establishes the �terms and conditions of employment" defined by
Minnesota Statute § 179A.30, Subdivision 19, for all employees exciusively
represented by the Union. This Agreement shall supersede such "terms and
conditions of employment" established by Civil Service Rule, Council Ordinance,
and Council Resolution.
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ARTICLE 6. PROBATIONARY PERIODS
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6.1 All personnel, originaily hired or rehired following separation, in a regular
• employment status shall serve a six (6)-month probationary period during
which time the employee's fitness and ability to perform the class of positions'
duties and responsibilities shail be evaluated.
6.1.1 At any time during the probationary period an employee may be
terminated at the discretion of the Employer without appeal to the
provisions of Article 22 (Grievance Procedure).
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 personnel 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 shail be
evaluated.
6.2.1 At any time during the promotionai probationary period an employee
may be demoted to the empioyee's previously-heid class of positions at
the discretion of the Empfoyer without appeal to the provisions of
Article 22 (Grievance Procedure).
• 6.2.2 An employee demoted during the promotional probationary period shall
be retumed to the empioyee's previously-held dass of positions and
shall receive a written notice of the reasons for demotion, a copy of
which shall be sent to the Union.
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 shail compensate employees for all hours worked at the basic
houriy wage rate and hourly fringe benefit rate as found in Article 12 (Wages)
and Article 13 (Fringe Benefits).
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 8. HOURS OF WORK
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8.1 The normal 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 Emptoyer's judgment
to establish second and third shifls 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 normal work week.
8.5 All employees shali 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
iheir supervisor.
8.6 All employees are subject to cali back by the Employer as provided by
Article 10 (Call Back).
8.7 Employees reporting for work at the established starting time and for whom no
work is available shail 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 workday.
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ARTICLE 9. OVERTIME
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9.1 Ali overtime compensated for by the Employer must receive prior authorization
• from a designated Empioyer supervisor. No overtime work claim will be honored
for payment or credit uniess approved in advance. An overtime claim will not be
honored, even though shown on the time card, unless the required advance
� approval has been obtained.
9.2 The overtime rate of one and one-half (1-1/2) the basic houriy rate shall be
paid for work performed under the foliowing circumstances:
9.2.1 Time worked in excess of eight (8) hours in any one normal workday;
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9.2.2 Time worked on a sixth (6th) day foliowing a normal work week.
9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work
performed under the following circumstances:
9.3.1 Time worked on a holiday as defined in Article 15 (Holidays);
9.3.2 Time worked on a seventh (7th) day following the normal work week;
and
9.3.3 Time worked in excess of tweive (12) consecutive hours in a
• twenty-four (24) hour period, provided that all "emergency" work
required by "Acts of God° shall be compensated at the rate of one and
one-half (1-1/2).
9.4 For the purposes of calculating overtime compensation, overtime hours worked
shall not be "pyramided," compounded or paid twice for the same hours worked.
9.5 Overtime hours worked as provided by this Articie shall be paid in cash or i n
compensatory time at the option of the Empioyer.
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ARTICLE 10. CALL BACK
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10.1 The Employer retains the right to call back employees before an employee has
started a normal workday or normal work week and after an employee has +
completed a normal workday or normal work week.
10.2 Employees called back shali receive a minimum of four (4) hours of pay at the
basic hourly 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.
10.4 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
11 .1 Employees shall report to work location as assigned by a designated Employer
supervisor. During the normal workday, employees may be assigned to other •
work locations at the discretion of the Employer.
11 .2 Empioyees assigned to work locations during the normai workday other than their
original assignment, and who are required to furnish their own transportation,
shall be compensated fior mileage, as sei forth in Article 27 (Mileage).
ARTICLE 12. WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be paid for all
hours worked by an employee.
12.2 Regular employees and temporary employees shall be compensated in accordance
with Article 12.1 (Wages) and have fringe benefit contributions and/or
deductions made on their behalf as provided for by Article 13 (Fringe Benefits).
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ARTICLE 1 3. FRINGE BENEFITS
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13.1 The Employer shaii make contributions on behalf of and/or make deductions from
- the wages of empioyees covered by this Agreement in accordance with Appendix D
for ail hours worked.
1 3.2 The Employer will for the period of this agreement provide, for those employees
hired before February 15, 1974, and who were eligibie for the Employer's
Health and Welfare premium contributions and who have retired since
June 1, 1978, such health insurance premium contributions up to the same
dollar amounts as are provided by the Employer at the date of early retirement
and the cost of premium contributions toward $5,000 life insurance coverage
until such employees reach sixty-five (65) years of age.
In order to be eligible for the premium contributions under the provision 1 3.2
and 13.3 the employee must:
13.2.1 Be receiving benefits from a pubiic employee retiree act at the time of
retirement.
13.2.2 Have severed the employment relationship with the City of Saint Paul
and/or Independent School District No. 625 under one of the early
retiree plans.
13.2.3 Inform the Human Resource Department of Independent School District
• No. 625 and Office of Human Resources, City of Saint Paul in writing
within sixty (60) days of employee's early retirement date that he or
she wishes to be eligible for early retiree insurance benefits.
13.3 An employee who retired at age sixty-five (65) or later and who met the criteria
in 13.2 or for early retirees who qualified under 13.2 and have reached age
sixty-five (65) after retirement the Employer will provide payment of
premium for a Medicare supplement health coverage policy selected by the
Employer.
ARTICLE 14. SELECTION OF LEAD PLASTERER AND GENERAL LEAD PLASTERER
i 4.1 The selection of personnel for the class of position of lead Plasterer shalf remain
solely with the Employer.
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ARTICLE 15. HOLIDAYS
1 5.1 The following ten (10) days shall be designated as unpaid holidays:
New Year's Day
Martin Luther King,
Presidents' Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans' Day
Thanksgiving Day
Christmas Day
January 1
Jr. Day Third Monday in January
Third Monday In February
Last Monday In May
July 4
First Monday in September
Second Monday in October
November 11
Fourth Thursday 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 falis on a Saturday, the preceding Friday shall be considered
the designated holiday.
15.3 The ten (i0) holidays shall be considered non-workdays.
15.4 If, in the judgment of the Employer, personnel are necessary for operating or
emergency reasons, employees may be scheduled or "called back" in accordance
witfi Articie 10 (Call Back).
15.5 Employees assigned to work on Martin Luther King, Jr. Day, Presidents' Day,
Columbus Day or Veterans' Day shall be compensated on a straight-time basis for
such hours worked.
15.6 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 Martin Luther King Day, Presidents' Day, Columbus Day or Veterans' Day falls
on a day when school is in session, the employee shall work that day at straight
time and another day shall be designated as the holiday. This designated holiday
shail be determined by agreement between the employee and the supervisor.
i 5.8 Notwithstanding Article 15.1 and 15.7 above, the Employer may at any time
during the life of this Agreement designate the day after Thanksgiving as a
holiday. In the event of such designation, either Martin Luther King, Jr. day,
Presidents' Day, Columbus Day, or Veterans' Day shall be deleted from the
hofidays list as set forth in Articfe 15.1.
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ARTICLE 1 6. DISCIPLINARY PROCEDURES
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16.1 The Employer shail have the right to impose disciplinary actions on employees
^ forjust cause.
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1 6.2 Disciplinary actions by the Employer shali include only the following actions:
16.2.1 Oral reprimand;
16.2.2 Written reprimand;
16.2.3 Suspension;
16.2.4 Demotion;
1 6.2.5 Discharge.
16.3 Empioyees who are suspended, demoted or discharged shall retain all rights under
Minnesota Statute § 179A.20, Subd. 4, and thereby shall 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). Orxe an
employee or the Union acting in the employee's behalf initiates review of an
action, that matter shall not again be reviewed in another forum. Orai
reprimands shall not be subject to the grievance review procedures.
� ARTICLE 17. ABSENCES FROM WORK
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17.1 Employees who are unable to report for their normal workday have the
responsibility to notify their supervisor of such absence as soon as possible, but
in no event later than the beginning of such workday.
17.2 Failure to make such notification 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"quiY' by the Employer 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 Pubiic Schools.
18.1 .2 The term, "Master Seniority," shall mean the length of continuous
regular and probationary service with the Employer from the date an
empioyee 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 class
title covered by this Agreement.
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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 ihat title and begins to be calculated from that date.
M employee's Class Seniority does 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 definition of ciass seniority
would be used for ail layoff decisions. �
1 8.2 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 ii is necessary to reduce the
workforce, employees wili 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 Agreement, provided the employee has greater °Class
Seniority" than the employee being replaced. Recall from layoff shall be in
inverse order of layoff, except that recall rights shall expire after twenty-four
(24} months from fhe last day of work preceding the layoff. No other Civil
Service recall rights to this Employer shall apply. This provision does not
address any rights the employee may have to be recalled to any other employer.
1 8.5 The selection of vacation periods shall be made by class titie based on length of
"Class Seniority," subject to the approval of the Employer.
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ARTICLE 19. JURISDICTION
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1 9.1 Disputes conceming work jurisdiction between and among unions is recognized as
^ an appropriate subject for determination by the various unions representing
employees of the Employer.
� 1 9.2 The Employer agrees to be guided in the assignment of work jurisdiction by any
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 mutually possible to
resofve the dispute. Nothing in the foregoing shaff 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 shaii be subject to disciplinary action
as provided in Article 16 (Disciplinary Procedures).
1 9.5 There shali be no work stoppage, slow down or any disruption of work resuiting
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 following 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 Articfe 16.
20.1 .3 Failure to Report for Dutv. As provided in Article 17.
20.2 Employees having a temporary employment status may be terminated at the
discretion of the Employer before the completion of a normal workday.
ARTICLE 21. TOOLS
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• 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
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22.1 The Employer shall recognize Stewards selected in accordance with Union rules
and regulations as the grievance representaiive of the bargaining unit. The Union .
shall notify the Employer in writing of the names of the Stewards and of their
successors when so named.
22.2 It is recognized and accepted by the Employer and the Union that the processing of
grievances as hereinafter provided is limited by the job duties and
responsibilities of the employees and shall therefore be accomplished during
working hours oniy when consistent wiih such employee duties and
responsibilities. The Steward involved and a grieving employee shall suffer no
loss in pay when a grievance is processed during working hours, provided the
Steward and the employee have notified and received the approval of their
supervisor to be absent to process a grievance and that such absence would not be
detrimental to the work programs of the Employer.
22.3 The procedure established by this Article shall, except as previously noted i n
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 foilowing procedure:
Steo 1. Upon the occurrence of an alleged violation of this Agreement, the
empioyee involved shall attempt to resolve the matter on an informal •
basis with the employee's supervisor. If the matter is not resolved to
the employee's satisfaction by the informal discussion, it may be
reduced to writing and referred to Step 2 by the Union. The written
grievance shall set forth the nature of the grievance, the facts on which
it is based, the aBeged section(s) of the Agreement violated, and the
relief requested. Any alieged violation of the Agreement not reduced to
writing by the Union within seven (7) calendar days of the first
occurrence of the event giving rise to the grievance or within the use of
reasonable diligence should have had knowledge of the first occurrence
of the event giving rise to the grievance, shall be considered waived.
Ste° 2. With 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 resuit of this meeting, the
grievance remains unresolved, the Employer shatl 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)
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Steo 3. Within seven (7) caiendar days following receipt of a grievance
referred from Step 2, a designated Employer supervisor shall meet
with the Union Business Manager or his designated representative and
attempt to resolve the grievance. Within seven (7) calendar days
following this meeting, the Employer shall reply in writing to the Union
stating the Employe�'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 i n
writing by the Union to Step 4 within seven (7) calendar days following
receipt of the �mployer'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. The
arbitration proceedings shall be conducted by an arbitrator to be
selected by mutual agreement of the Empioyer and the Union within
seven (7) calendar days after notice has been given. If the parties faii
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 panel of five (5) arbitrators. Both the Employer and the
Union shali have the right 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 wili be repeated and the remaining person
shall be the arbitrator.
22.5 The arbitrator shail have no right to amend, modify, nullify, ignore, add to o r
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 shalf have no authority to make a decision on any otfier 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 appiication 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 foliowing 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 shail 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 ar6itrator'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 cancels an arbitration hearing or asks for a last-minute postponement that
� leads to the arbitrator's making a charge, the canceling party or the party asking
for the postponement shall pay this charge. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providing i t
. pays for the record.
• 22.7 The time Iimits in each step of this procedure may be extended by mutual
agreement of the Employer and the Union.
13
ARTICLE 23. RIGHT OF SUBCONTRACT
•
23.1 The Employer may, at any time during the duration of this Agreement, contract
out work done by the employees covered by this Agreement. In the event that +
such contracting would result in a reduction of the workforce covered by this
Agreement, the Employer shall give the Union a ninety (90) calendar day notice
of the intention to subcontract. �
23.2 The subcontracting of work done by the employees covered by this Agreement
shali 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 oiher •
empioyees and the general public.
ARTICLE 25. SEVERABtLITY
25.1 In the event that any provision{s) of this Agreement is declared to be contrary to
iaw by proper legislative, administrative or judicial authority from whose
finding, determination or decree no appeai is taken, such provision(s) shall be
voided. All other provisions shall continue in fuli 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
•
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 completely set forth in this Agreement.
26.2 Therefore, the Employer and the Union for the duration of this Agreement agree
that the other party shail 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, mutualiy 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
• 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, employees must receive authorization from the
District Mileage Committee utilizing the following plan:
PLAN ° A". Effective with the adoption of this Agreement, is reimbursed
at the current Board of Education rate or 31¢ per mile whichever is
more. In addition, a maximum amount which can be paid per month is
established by an estimate furnished by the empioyee and the
employee's supervisor.
Another consideration for estabtishing the maximum amount can be the
experience of another working in the same or similar position.
Under this plan, it is necessary for the employee to keep a record of
each trip made
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ARTICLE 28. DURATIONANDPLEDGE
28.1 This Agreement shall become effective as of the date of signing, except as specificaily
provided otherwise in Articles 12 and 13, and shali remain in effect though the 31 st
day of May 2000, and continue in effect from year to year thereafter unfess notice to
change or to terminate is given in the manner provided in 28.2.
28.2 If either paRy desires to terminate or modify this Agreement effective as of the dafe
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 only 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 established is the
means by which grievances conceming its appiication or interpretation may be
peacefully resolved, the parties hereby pledge that during the term of the Agreement:
28.3.1 The Union and the employees will not engage in, instigate or condone any
concerted action in which employees fail to report for duty, wilifully
absent themseives 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.
28.3.2 The Employer wili not erx�age in, instigate or condone any iockout of
employees.
28.3.3 This constitutes a tentaiive Agreement beriveen parties which will be
recommended by the schooi board negotiator, but is subject to the approval
of the Board of Education and is also subject to ratification by the Union.
The parties agree and attest that this represents the fuil and complete understanding of the
parties for the period of time herein specified by the signature of the following
representatives for the Employer and the Union.
WITNESSES:
INDEPENDEIVT SCHOOL DISTRiCT IVO. 625
16
OPERATtVE PLASTERERS AND CEMENT
MASONS INTERNATIONAL
AS�S Q LOCAL NO. 265
L�:�7%�-1' ����"��
Business Manager
��/s3"
Date
•
•
�
/� a�,sqe
Date
_ _ � � r�
a���.i.n�_�
.
The classes of positions recognized by the Employer as being exciusively represented by
. the Union are as follows:
Piasterer
Lead Plasterer
Apprentice - Plasterer
.
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.
APPENDIX B
All necessary hand tools.
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APPENDIX C
C- 1 The totai hourly cost to the Empioyer for wages pius any and all contributions or
deductions stated in Appendix D of this Agreement shall not exceed the following
amounts:
Effective
6-6-98
Piasterer
$30.67
C- 2 The tota( taxable houriy rate including wages and the vacation contribution i n
Appendix D and exciuding all other benefit costs and obligations in Appendix D,
for regular and probationary employees appointed to the following classes of
positions shall be as follows:
Effective
6-6-98
Plasterer
$22.63
C-2A The basic hourly wage rates in this Appendix C, Section C-2A are
for com�ensation analKsis nurposes oniX. These figures represent
the portion of the Section C-1 rates above specifically allocated to
wages. These rates do NOT include taxable contributions and
therefore should NOT be used for taxable payroll calculations. See
Section C-2 above for total taxable payroll information.
Effective
6-6-98
Plasterer
C-3 Thetotal taxable hourly rate
Appendix D for temporary
positions shall be:
�
Effective
6-1-99
$31.95
Effective
6-1-99
Effective
6-1-99
including wages and the vacation contribution i n
employees appointed to the following classes of
Effective
6-6-98
Plasterer
$23.21
Effective
6-1-99
If a temporary employee working in a title listed in this Section 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
caiculated hourly base rate may change so the Employer's cost does not exceed the
amounts listed in C-1 above.
j NOTES FOR APPENDICES C-2. C-2A AND G3: The June 6, 1998 hourly rates in Appendix C, Sections 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 ihe June 6, 1998 total hourly cost stated in Appendix C, Section C-1.
•
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APPENDIX C (continued)
•
C-4 The basic hourly wage rates for the Apprentice class of positions:
a
•
•
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.
19
APPENDIX D
•
Effective June 6, 1998, the Employer shall forward the amounts designated in this
Appendix D for employees covered by this Agreement to depositories as directed by the
Union and agreed to by the Employer:
( 1) $4.15 per hour for all hours worked from which all appropriate payroli �
deductions have been made to a Union-designated Vacation Fund.
( 2) $2.66 per hour for ali hours worked to a Union-designated Health and
Welfare Fund ($2.60 for temporary empioyees).
( 3) $3.30 per hour for all hours worked to a Union-designated Pension Fund
($4.80 ior temporary employees).
( 4) $.85 per hour for all hours worked to a Union-Designated Supplemental
Pension Fund. (No contribution for temporary empioyees.)
( 5) $.06 per hour for all hours worked to a Union-designated Ap�renticeship
Fund.
The Empioyer shall make legally established non-negotiated pension
contributions to PERA. Changes in the mandated PERA rate may change ihe
caiculated hourly base rate of pay so the Employer's cost does not exceed the
amounts stated in C-1 above. •
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 shaif 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.
Empioyees covered by this Agreement shall not be eligible for, governed by o r
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
Resoiutions.
The Employer's fringe benefit obligation to employees is limited to the contributions
and/or deductions established by this Agreement. The actual level of benefits provided to
employees shall be the responsibility of the Trustees of the various funds to which the
Employer has forwarded contributions and/or deductions.
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Council File # �q'3S
OR1GIfvAL
Green Sheet # 62423
RESOLUTION
CITY OF SA►NT PAUL, MINNESOTA
Presented by
Referred To
Committee Date
af
RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
2 June 1, 1998 through May 31, 2000 Employment Agreement between the Independent School District
No. 625, Saint Paul Public Schools, and the Operative Plasterers Loca1 Union No. 265.
Requested by Department of:
Office of Labor Relations
Adopted by Council: Date , c�- � �
Adoption Certified by Council Secretary
By: � ��- � F .
App:oved by Mayor: Date �-- �� �4 �9
By: ��(il2 l���G'�ifi/ ,
By: �i�vfJ�("�
Form Appr ved by Ci Attomey
B ��'� � � t�{'�•�1 �s
• .. . - . � . � . . . �.
��I �� . �/i � i�
�
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DEPARTMENT/OFFICE/COUNCII,: DATE INTI7ATED GREEN SHEET xo.: 62423 �, � qp �
LABOR RELATIONS 12/28198 �
CONTAGT PERSON & PHONE: a INiTTAllDAtE Qi117AllDATE
JLJLIE KRAUS 266-6513 ,�ICN i nEenxrN¢xr D�K . a cirY cour�cn.
N[IMBER 2 C1TY ATTORNEY CITY CLII2K
MUSP BE ON COUNCII. AGENDA BY (DATE) �R BUD(''EI' DIR' FIN- & MGT. SERVICE DIIt
ROUTING 3 MAYOR (OR ASST.1 /�
ORDER ��
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
acnox �QUesr�u: 'I'his resolution approves the attached June 1, 1998 through May 31, 2000 Employment
Agreement between Independent School District No. 625, Saint Paul Public Schools, and the Operative Plasterers
Local Union No. 265.
RECOhA1ENDATTONS: Approve (A) or Reject (R) PERSONAI, SERVICE CONTRACIS MUST ANSWER 1TIE FOLLOWING
QUESITONS:
_PLANNiNG COMhIISSION _CML SERVICE COMtvIISSION l. Has tfiis person/firm eva worked under a contract for this department?
_CIB COhA9TTEE Yes No
_STAFF 2. Has this persodfum ever been a city employee?
DISTRICT COiJItT Yes No
SUPPORTS WtIICH COIJNCIL OBJECTIVE7 3. Dces this person/fvm possess a skiil not novnally possessed by any current city employee?
Ye No
Explaia all yes aoswers on upante sheet eod attach to green sheet
WITIATING PROBLEM, ISSUE, OPPORT[JNITY (W6o, Whay When, Where, Why):
This Agreement pertains to Board of Education employees only.
ADVANTAGES IF APPROVED:
DISADVANTAGESIFAPPROVED: �R r<�y�'�".:=�"''. �.�;'
L�,� � � ���a
DISADVANTAGES IF NOT APPROVED:
TOTAL AMOLJNT OF TRANSACfION: COST/REVEN[JE BUDGETED:
FUNDINGSOURCE: AGTIVITYNUMBER: �ECEIVEQ
�vnxcinLm�o�nriox:�acr� pEG � 0 1998
�
INDEPENDENT SCHOOL DISTRICT NO. 625 Gt9 -�S
BOARD OF EDUCATION
SAINT PAUL PUBLIC SCHOOLS
DATE: August 18, 1998
TOPIC: Approval of an Employment Agreement with Operative Plasterers, Local
Union No. 265, to Establish Terms and Conditions of Employment for
1998-2000
A. PERTINENT FACTS:
1. New Agreement is for the two-year period June 1, 1998 through May 31, 2000.
2. The language provisions of the previous contract remain essentially unchanged, except for
necessary changes to dates and outdated references.
3. The District has two 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 Lois M. Rockney, Interim
Executive Director, Fiscal Affairs and Operations.
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement concerning the terms and conditions of employment of those employees in this school
district for whom Operative Plasterers, Local Union No. 265 is the exclusive representative;
duration of said Agreement is for the period of June 1, 1998 through May 31, 2000.
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ARTICLE
Article 1.
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Acticte 13
Article 14
Article 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
TITLE PAG E
Preambie.................................................................................................... i v
Purpose ...................................................................................................... i v
Recognition ..................................................................................................1
Employer ..........................................................................................1
UnionRights ................................................................................................2
Scopeof the Agreement ................................................................................ 2
Probationary Periods ..................................................................................3
Philosophy of Employment And Compensation ............................................ 3
Hours Work .............................................................................................4
Overtime...................................................................................................... 5
Call Back ......................................................................................................6
WorkLocation .............................................................................................6
Wages ........................................................................................................... 6
Fringe Benefits ............................................................................................7
Selection of Lead Plasterer and General �ead Plasterer .............................7
Holidays....................................................................................................... 8
Disciplinary Procedures .............................................................................9
AbsencesFrom Work ...................................................................................9
Seniority ...................................................................................................1 Q
Jurisdiction...............................................................................................1 1
Separation .................................................................................................1 1
Tools ..........................................................................................................1 1
Grievance Procedure .................................................................................1 2
Right of Subcontract ..................................................................................i 4
Non-Discrimination ..................................................................................i 4
Severability ..............................................................................................1 4
Waiver.......................................................................................................1 5
Mifeage......................................................................................................1 5
Durationand Pledge ...................................................................................1 6
Appendix .................................................................................................1 7
Appendix .................................................................................................1 7
Appendix ..........................................................................................1 8 -1 9
AppendixD .................................................................................................2 0
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PREAMBLE
•
This Agreement is entered into between Independent School District No. 625, 1
hereinafter referred to as the Employer, and the Operative Piasterers and Cement
Masons Internationai Association Local 265, hereinafter referred to as the Union.
,
The Empioyer and the Union concur that this Agreement has as its objective the
promotion of the responsibility 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 in the Agreement but rather primarily on aitiTudes beiween 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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IV
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ARTICLE 1. PURPOSE
•
1.1 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 ail concerned;
1.1.2 Set forth rates of pay, hours of work, and other conditions of
empioyment as have been agreed upon by the Employer and the Union;
1.1 .3 Estabiish procedures to orderly and peacefully 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. If any part of 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 �
provided by Article 25 (Severability).
ARTICIE 2. RECOGNITION
� 2.1 The Employer recognizes the Union as the exclusive representative for coilective
bargaining purposes for all personnel having an employment 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 C�Se
No.90-PCL-3134 dated January 26, 1990.
2.2 The ciasses of positions recognized as being exclusively represented by the Union
are as listed in Appendix A.
ARTICIE 3. EMPLOYER RIGHTS
3.1 The Employer retains the right to operate and manage ail 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
structure, to select, direct, and determine the number of personnel; and to
pertorm any inherent managerial function not specifically limited by this
Agseement.
, 3.2 Any "term or condition of employmenY' not estabiished by this Agreement shall
remain with the Empioyer to eliminate, modify or establish following written
• notification to the Union.
1
ARTfCLE 4. UNION RIGHTS
•
4.1 The Employer shali 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 shall 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 Empioyer from any
and all ciaims or charges made against the Empioyer as a result of the
implementation of this Article.
4.2 The Union may designate one (1) employee from the bargaining unit to act as a
Steward and shall inform the Employer in writing of such designation. Such
employee shall have the rights and responsibilities as designated in Article 22
(Grievance Procedure).
4.3 Upon notification to a designated Employer supervisor, the Business Manager of
the Union or the designated representative shall be permitted to enter the
facilities of the Empioyer 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.30, Subdivision 19, for all employees exciusively
represented by the Union. This Agreement shall supersede such "terms and
conditions of employment" established by Civil Service Rule, Council Ordinance,
and Council Resolution.
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ARTICLE 6. PROBATIONARY PERIODS
•
6.1 All personnel, originaily hired or rehired following separation, in a regular
• employment status shall serve a six (6)-month probationary period during
which time the employee's fitness and ability to perform the class of positions'
duties and responsibilities shail be evaluated.
6.1.1 At any time during the probationary period an employee may be
terminated at the discretion of the Employer without appeal to the
provisions of Article 22 (Grievance Procedure).
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 personnel 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 shail be
evaluated.
6.2.1 At any time during the promotionai probationary period an employee
may be demoted to the empioyee's previously-heid class of positions at
the discretion of the Empfoyer without appeal to the provisions of
Article 22 (Grievance Procedure).
• 6.2.2 An employee demoted during the promotional probationary period shall
be retumed to the empioyee's previously-held dass of positions and
shall receive a written notice of the reasons for demotion, a copy of
which shall be sent to the Union.
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 shail compensate employees for all hours worked at the basic
houriy wage rate and hourly fringe benefit rate as found in Article 12 (Wages)
and Article 13 (Fringe Benefits).
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 8. HOURS OF WORK
•
8.1 The normal 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 Emptoyer's judgment
to establish second and third shifls 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 normal work week.
8.5 All employees shali 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
iheir supervisor.
8.6 All employees are subject to cali back by the Employer as provided by
Article 10 (Call Back).
8.7 Employees reporting for work at the established starting time and for whom no
work is available shail 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 workday.
•
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ARTICLE 9. OVERTIME
•
9.1 Ali overtime compensated for by the Employer must receive prior authorization
• from a designated Empioyer supervisor. No overtime work claim will be honored
for payment or credit uniess approved in advance. An overtime claim will not be
honored, even though shown on the time card, unless the required advance
� approval has been obtained.
9.2 The overtime rate of one and one-half (1-1/2) the basic houriy rate shall be
paid for work performed under the foliowing circumstances:
9.2.1 Time worked in excess of eight (8) hours in any one normal workday;
arxJ
9.2.2 Time worked on a sixth (6th) day foliowing a normal work week.
9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work
performed under the following circumstances:
9.3.1 Time worked on a holiday as defined in Article 15 (Holidays);
9.3.2 Time worked on a seventh (7th) day following the normal work week;
and
9.3.3 Time worked in excess of tweive (12) consecutive hours in a
• twenty-four (24) hour period, provided that all "emergency" work
required by "Acts of God° shall be compensated at the rate of one and
one-half (1-1/2).
9.4 For the purposes of calculating overtime compensation, overtime hours worked
shall not be "pyramided," compounded or paid twice for the same hours worked.
9.5 Overtime hours worked as provided by this Articie shall be paid in cash or i n
compensatory time at the option of the Empioyer.
,
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ARTICLE 10. CALL BACK
�
10.1 The Employer retains the right to call back employees before an employee has
started a normal workday or normal work week and after an employee has +
completed a normal workday or normal work week.
10.2 Employees called back shali receive a minimum of four (4) hours of pay at the
basic hourly 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.
10.4 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
11 .1 Employees shall report to work location as assigned by a designated Employer
supervisor. During the normal workday, employees may be assigned to other •
work locations at the discretion of the Employer.
11 .2 Empioyees assigned to work locations during the normai workday other than their
original assignment, and who are required to furnish their own transportation,
shall be compensated fior mileage, as sei forth in Article 27 (Mileage).
ARTICLE 12. WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be paid for all
hours worked by an employee.
12.2 Regular employees and temporary employees shall be compensated in accordance
with Article 12.1 (Wages) and have fringe benefit contributions and/or
deductions made on their behalf as provided for by Article 13 (Fringe Benefits).
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ARTICLE 1 3. FRINGE BENEFITS
i
13.1 The Employer shaii make contributions on behalf of and/or make deductions from
- the wages of empioyees covered by this Agreement in accordance with Appendix D
for ail hours worked.
1 3.2 The Employer will for the period of this agreement provide, for those employees
hired before February 15, 1974, and who were eligibie for the Employer's
Health and Welfare premium contributions and who have retired since
June 1, 1978, such health insurance premium contributions up to the same
dollar amounts as are provided by the Employer at the date of early retirement
and the cost of premium contributions toward $5,000 life insurance coverage
until such employees reach sixty-five (65) years of age.
In order to be eligible for the premium contributions under the provision 1 3.2
and 13.3 the employee must:
13.2.1 Be receiving benefits from a pubiic employee retiree act at the time of
retirement.
13.2.2 Have severed the employment relationship with the City of Saint Paul
and/or Independent School District No. 625 under one of the early
retiree plans.
13.2.3 Inform the Human Resource Department of Independent School District
• No. 625 and Office of Human Resources, City of Saint Paul in writing
within sixty (60) days of employee's early retirement date that he or
she wishes to be eligible for early retiree insurance benefits.
13.3 An employee who retired at age sixty-five (65) or later and who met the criteria
in 13.2 or for early retirees who qualified under 13.2 and have reached age
sixty-five (65) after retirement the Employer will provide payment of
premium for a Medicare supplement health coverage policy selected by the
Employer.
ARTICLE 14. SELECTION OF LEAD PLASTERER AND GENERAL LEAD PLASTERER
i 4.1 The selection of personnel for the class of position of lead Plasterer shalf remain
solely with the Employer.
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ARTICLE 15. HOLIDAYS
1 5.1 The following ten (10) days shall be designated as unpaid holidays:
New Year's Day
Martin Luther King,
Presidents' Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans' Day
Thanksgiving Day
Christmas Day
January 1
Jr. Day Third Monday in January
Third Monday In February
Last Monday In May
July 4
First Monday in September
Second Monday in October
November 11
Fourth Thursday 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 falis on a Saturday, the preceding Friday shall be considered
the designated holiday.
15.3 The ten (i0) holidays shall be considered non-workdays.
15.4 If, in the judgment of the Employer, personnel are necessary for operating or
emergency reasons, employees may be scheduled or "called back" in accordance
witfi Articie 10 (Call Back).
15.5 Employees assigned to work on Martin Luther King, Jr. Day, Presidents' Day,
Columbus Day or Veterans' Day shall be compensated on a straight-time basis for
such hours worked.
15.6 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 Martin Luther King Day, Presidents' Day, Columbus Day or Veterans' Day falls
on a day when school is in session, the employee shall work that day at straight
time and another day shall be designated as the holiday. This designated holiday
shail be determined by agreement between the employee and the supervisor.
i 5.8 Notwithstanding Article 15.1 and 15.7 above, the Employer may at any time
during the life of this Agreement designate the day after Thanksgiving as a
holiday. In the event of such designation, either Martin Luther King, Jr. day,
Presidents' Day, Columbus Day, or Veterans' Day shall be deleted from the
hofidays list as set forth in Articfe 15.1.
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ARTICLE 1 6. DISCIPLINARY PROCEDURES
•
16.1 The Employer shail have the right to impose disciplinary actions on employees
^ forjust cause.
.
1 6.2 Disciplinary actions by the Employer shali include only the following actions:
16.2.1 Oral reprimand;
16.2.2 Written reprimand;
16.2.3 Suspension;
16.2.4 Demotion;
1 6.2.5 Discharge.
16.3 Empioyees who are suspended, demoted or discharged shall retain all rights under
Minnesota Statute § 179A.20, Subd. 4, and thereby shall 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). Orxe an
employee or the Union acting in the employee's behalf initiates review of an
action, that matter shall not again be reviewed in another forum. Orai
reprimands shall not be subject to the grievance review procedures.
� ARTICLE 17. ABSENCES FROM WORK
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17.1 Employees who are unable to report for their normal workday have the
responsibility to notify their supervisor of such absence as soon as possible, but
in no event later than the beginning of such workday.
17.2 Failure to make such notification 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"quiY' by the Employer 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 Pubiic Schools.
18.1 .2 The term, "Master Seniority," shall mean the length of continuous
regular and probationary service with the Employer from the date an
empioyee 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 class
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 ihat title and begins to be calculated from that date.
M employee's Class Seniority does 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 definition of ciass seniority
would be used for ail layoff decisions. �
1 8.2 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 ii is necessary to reduce the
workforce, employees wili 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 Agreement, provided the employee has greater °Class
Seniority" than the employee being replaced. Recall from layoff shall be in
inverse order of layoff, except that recall rights shall expire after twenty-four
(24} months from fhe last day of work preceding the layoff. No other Civil
Service recall rights to this Employer shall apply. This provision does not
address any rights the employee may have to be recalled to any other employer.
1 8.5 The selection of vacation periods shall be made by class titie based on length of
"Class Seniority," subject to the approval of the Employer.
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ARTICLE 19. JURISDICTION
•
1 9.1 Disputes conceming work jurisdiction between and among unions is recognized as
^ an appropriate subject for determination by the various unions representing
employees of the Employer.
� 1 9.2 The Employer agrees to be guided in the assignment of work jurisdiction by any
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 mutually possible to
resofve the dispute. Nothing in the foregoing shaff 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 shaii be subject to disciplinary action
as provided in Article 16 (Disciplinary Procedures).
1 9.5 There shali be no work stoppage, slow down or any disruption of work resuiting
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 following 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 Articfe 16.
20.1 .3 Failure to Report for Dutv. As provided in Article 17.
20.2 Employees having a temporary employment status may be terminated at the
discretion of the Employer before the completion of a normal workday.
ARTICLE 21. TOOLS
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• 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 representaiive of the bargaining unit. The Union .
shall notify the Employer in writing of the names of the Stewards and of their
successors when so named.
22.2 It is recognized and accepted by the Employer and the Union that the processing of
grievances as hereinafter provided is limited by the job duties and
responsibilities of the employees and shall therefore be accomplished during
working hours oniy when consistent wiih such employee duties and
responsibilities. The Steward involved and a grieving employee shall suffer no
loss in pay when a grievance is processed during working hours, provided the
Steward and the employee have notified and received the approval of their
supervisor to be absent to process a grievance and that such absence would not be
detrimental to the work programs of the Employer.
22.3 The procedure established by this Article shall, except as previously noted i n
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 foilowing procedure:
Steo 1. Upon the occurrence of an alleged violation of this Agreement, the
empioyee involved shall attempt to resolve the matter on an informal •
basis with the employee's supervisor. If the matter is not resolved to
the employee's satisfaction by the informal discussion, it may be
reduced to writing and referred to Step 2 by the Union. The written
grievance shall set forth the nature of the grievance, the facts on which
it is based, the aBeged section(s) of the Agreement violated, and the
relief requested. Any alieged violation of the Agreement not reduced to
writing by the Union within seven (7) calendar days of the first
occurrence of the event giving rise to the grievance or within the use of
reasonable diligence should have had knowledge of the first occurrence
of the event giving rise to the grievance, shall be considered waived.
Ste° 2. With 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 resuit of this meeting, the
grievance remains unresolved, the Employer shatl 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)
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Steo 3. Within seven (7) caiendar days following receipt of a grievance
referred from Step 2, a designated Employer supervisor shall meet
with the Union Business Manager or his designated representative and
attempt to resolve the grievance. Within seven (7) calendar days
following this meeting, the Employer shall reply in writing to the Union
stating the Employe�'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 i n
writing by the Union to Step 4 within seven (7) calendar days following
receipt of the �mployer'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. The
arbitration proceedings shall be conducted by an arbitrator to be
selected by mutual agreement of the Empioyer and the Union within
seven (7) calendar days after notice has been given. If the parties faii
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 panel of five (5) arbitrators. Both the Employer and the
Union shali have the right 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 wili be repeated and the remaining person
shall be the arbitrator.
22.5 The arbitrator shail have no right to amend, modify, nullify, ignore, add to o r
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 shalf have no authority to make a decision on any otfier 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 appiication 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 foliowing 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 shail 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 ar6itrator'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 cancels an arbitration hearing or asks for a last-minute postponement that
� leads to the arbitrator's making a charge, the canceling party or the party asking
for the postponement shall pay this charge. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providing i t
. pays for the record.
• 22.7 The time Iimits in each step of this procedure may be extended by mutual
agreement of the Employer and the Union.
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ARTICLE 23. RIGHT OF SUBCONTRACT
•
23.1 The Employer may, at any time during the duration of this Agreement, contract
out work done by the employees covered by this Agreement. In the event that +
such contracting would result in a reduction of the workforce covered by this
Agreement, the Employer shall give the Union a ninety (90) calendar day notice
of the intention to subcontract. �
23.2 The subcontracting of work done by the employees covered by this Agreement
shali 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 oiher •
empioyees and the general public.
ARTICLE 25. SEVERABtLITY
25.1 In the event that any provision{s) of this Agreement is declared to be contrary to
iaw by proper legislative, administrative or judicial authority from whose
finding, determination or decree no appeai is taken, such provision(s) shall be
voided. All other provisions shall continue in fuli 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
•
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 completely set forth in this Agreement.
26.2 Therefore, the Employer and the Union for the duration of this Agreement agree
that the other party shail 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, mutualiy 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
• 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, employees must receive authorization from the
District Mileage Committee utilizing the following plan:
PLAN ° A". Effective with the adoption of this Agreement, is reimbursed
at the current Board of Education rate or 31¢ per mile whichever is
more. In addition, a maximum amount which can be paid per month is
established by an estimate furnished by the empioyee and the
employee's supervisor.
Another consideration for estabtishing the maximum amount can be the
experience of another working in the same or similar position.
Under this plan, it is necessary for the employee to keep a record of
each trip made
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ARTICLE 28. DURATIONANDPLEDGE
28.1 This Agreement shall become effective as of the date of signing, except as specificaily
provided otherwise in Articles 12 and 13, and shali remain in effect though the 31 st
day of May 2000, and continue in effect from year to year thereafter unfess notice to
change or to terminate is given in the manner provided in 28.2.
28.2 If either paRy desires to terminate or modify this Agreement effective as of the dafe
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 only 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 established is the
means by which grievances conceming its appiication or interpretation may be
peacefully resolved, the parties hereby pledge that during the term of the Agreement:
28.3.1 The Union and the employees will not engage in, instigate or condone any
concerted action in which employees fail to report for duty, wilifully
absent themseives 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.
28.3.2 The Employer wili not erx�age in, instigate or condone any iockout of
employees.
28.3.3 This constitutes a tentaiive Agreement beriveen parties which will be
recommended by the schooi board negotiator, but is subject to the approval
of the Board of Education and is also subject to ratification by the Union.
The parties agree and attest that this represents the fuil and complete understanding of the
parties for the period of time herein specified by the signature of the following
representatives for the Employer and the Union.
WITNESSES:
INDEPENDEIVT SCHOOL DISTRiCT IVO. 625
16
OPERATtVE PLASTERERS AND CEMENT
MASONS INTERNATIONAL
AS�S Q LOCAL NO. 265
L�:�7%�-1' ����"��
Business Manager
��/s3"
Date
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/� a�,sqe
Date
_ _ � � r�
a���.i.n�_�
.
The classes of positions recognized by the Employer as being exciusively represented by
. the Union are as follows:
Piasterer
Lead Plasterer
Apprentice - Plasterer
.
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.
APPENDIX B
All necessary hand tools.
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APPENDIX C
C- 1 The totai hourly cost to the Empioyer for wages pius any and all contributions or
deductions stated in Appendix D of this Agreement shall not exceed the following
amounts:
Effective
6-6-98
Piasterer
$30.67
C- 2 The tota( taxable houriy rate including wages and the vacation contribution i n
Appendix D and exciuding all other benefit costs and obligations in Appendix D,
for regular and probationary employees appointed to the following classes of
positions shall be as follows:
Effective
6-6-98
Plasterer
$22.63
C-2A The basic hourly wage rates in this Appendix C, Section C-2A are
for com�ensation analKsis nurposes oniX. These figures represent
the portion of the Section C-1 rates above specifically allocated to
wages. These rates do NOT include taxable contributions and
therefore should NOT be used for taxable payroll calculations. See
Section C-2 above for total taxable payroll information.
Effective
6-6-98
Plasterer
C-3 Thetotal taxable hourly rate
Appendix D for temporary
positions shall be:
�
Effective
6-1-99
$31.95
Effective
6-1-99
Effective
6-1-99
including wages and the vacation contribution i n
employees appointed to the following classes of
Effective
6-6-98
Plasterer
$23.21
Effective
6-1-99
If a temporary employee working in a title listed in this Section 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
caiculated hourly base rate may change so the Employer's cost does not exceed the
amounts listed in C-1 above.
j NOTES FOR APPENDICES C-2. C-2A AND G3: The June 6, 1998 hourly rates in Appendix C, Sections 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 ihe June 6, 1998 total hourly cost stated in Appendix C, Section C-1.
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APPENDIX C (continued)
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C-4 The basic hourly wage rates for the Apprentice class of positions:
a
•
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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.
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APPENDIX D
•
Effective June 6, 1998, the Employer shall forward the amounts designated in this
Appendix D for employees covered by this Agreement to depositories as directed by the
Union and agreed to by the Employer:
( 1) $4.15 per hour for all hours worked from which all appropriate payroli �
deductions have been made to a Union-designated Vacation Fund.
( 2) $2.66 per hour for ali hours worked to a Union-designated Health and
Welfare Fund ($2.60 for temporary empioyees).
( 3) $3.30 per hour for all hours worked to a Union-designated Pension Fund
($4.80 ior temporary employees).
( 4) $.85 per hour for all hours worked to a Union-Designated Supplemental
Pension Fund. (No contribution for temporary empioyees.)
( 5) $.06 per hour for all hours worked to a Union-designated Ap�renticeship
Fund.
The Empioyer shall make legally established non-negotiated pension
contributions to PERA. Changes in the mandated PERA rate may change ihe
caiculated hourly base rate of pay so the Employer's cost does not exceed the
amounts stated in C-1 above. •
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 shaif 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.
Empioyees covered by this Agreement shall not be eligible for, governed by o r
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
Resoiutions.
The Employer's fringe benefit obligation to employees is limited to the contributions
and/or deductions established by this Agreement. The actual level of benefits provided to
employees shall be the responsibility of the Trustees of the various funds to which the
Employer has forwarded contributions and/or deductions.
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Council File # �q'3S
OR1GIfvAL
Green Sheet # 62423
RESOLUTION
CITY OF SA►NT PAUL, MINNESOTA
Presented by
Referred To
Committee Date
af
RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
2 June 1, 1998 through May 31, 2000 Employment Agreement between the Independent School District
No. 625, Saint Paul Public Schools, and the Operative Plasterers Loca1 Union No. 265.
Requested by Department of:
Office of Labor Relations
Adopted by Council: Date , c�- � �
Adoption Certified by Council Secretary
By: � ��- � F .
App:oved by Mayor: Date �-- �� �4 �9
By: ��(il2 l���G'�ifi/ ,
By: �i�vfJ�("�
Form Appr ved by Ci Attomey
B ��'� � � t�{'�•�1 �s
• .. . - . � . � . . . �.
��I �� . �/i � i�
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DEPARTMENT/OFFICE/COUNCII,: DATE INTI7ATED GREEN SHEET xo.: 62423 �, � qp �
LABOR RELATIONS 12/28198 �
CONTAGT PERSON & PHONE: a INiTTAllDAtE Qi117AllDATE
JLJLIE KRAUS 266-6513 ,�ICN i nEenxrN¢xr D�K . a cirY cour�cn.
N[IMBER 2 C1TY ATTORNEY CITY CLII2K
MUSP BE ON COUNCII. AGENDA BY (DATE) �R BUD(''EI' DIR' FIN- & MGT. SERVICE DIIt
ROUTING 3 MAYOR (OR ASST.1 /�
ORDER ��
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
acnox �QUesr�u: 'I'his resolution approves the attached June 1, 1998 through May 31, 2000 Employment
Agreement between Independent School District No. 625, Saint Paul Public Schools, and the Operative Plasterers
Local Union No. 265.
RECOhA1ENDATTONS: Approve (A) or Reject (R) PERSONAI, SERVICE CONTRACIS MUST ANSWER 1TIE FOLLOWING
QUESITONS:
_PLANNiNG COMhIISSION _CML SERVICE COMtvIISSION l. Has tfiis person/firm eva worked under a contract for this department?
_CIB COhA9TTEE Yes No
_STAFF 2. Has this persodfum ever been a city employee?
DISTRICT COiJItT Yes No
SUPPORTS WtIICH COIJNCIL OBJECTIVE7 3. Dces this person/fvm possess a skiil not novnally possessed by any current city employee?
Ye No
Explaia all yes aoswers on upante sheet eod attach to green sheet
WITIATING PROBLEM, ISSUE, OPPORT[JNITY (W6o, Whay When, Where, Why):
This Agreement pertains to Board of Education employees only.
ADVANTAGES IF APPROVED:
DISADVANTAGESIFAPPROVED: �R r<�y�'�".:=�"''. �.�;'
L�,� � � ���a
DISADVANTAGES IF NOT APPROVED:
TOTAL AMOLJNT OF TRANSACfION: COST/REVEN[JE BUDGETED:
FUNDINGSOURCE: AGTIVITYNUMBER: �ECEIVEQ
�vnxcinLm�o�nriox:�acr� pEG � 0 1998
�
INDEPENDENT SCHOOL DISTRICT NO. 625 Gt9 -�S
BOARD OF EDUCATION
SAINT PAUL PUBLIC SCHOOLS
DATE: August 18, 1998
TOPIC: Approval of an Employment Agreement with Operative Plasterers, Local
Union No. 265, to Establish Terms and Conditions of Employment for
1998-2000
A. PERTINENT FACTS:
1. New Agreement is for the two-year period June 1, 1998 through May 31, 2000.
2. The language provisions of the previous contract remain essentially unchanged, except for
necessary changes to dates and outdated references.
3. The District has two 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 Lois M. Rockney, Interim
Executive Director, Fiscal Affairs and Operations.
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement concerning the terms and conditions of employment of those employees in this school
district for whom Operative Plasterers, Local Union No. 265 is the exclusive representative;
duration of said Agreement is for the period of June 1, 1998 through May 31, 2000.
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ARTICLE
Article 1.
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
Article 9
Article 10
Article 11
Article 12
Acticte 13
Article 14
Article 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
TITLE PAG E
Preambie.................................................................................................... i v
Purpose ...................................................................................................... i v
Recognition ..................................................................................................1
Employer ..........................................................................................1
UnionRights ................................................................................................2
Scopeof the Agreement ................................................................................ 2
Probationary Periods ..................................................................................3
Philosophy of Employment And Compensation ............................................ 3
Hours Work .............................................................................................4
Overtime...................................................................................................... 5
Call Back ......................................................................................................6
WorkLocation .............................................................................................6
Wages ........................................................................................................... 6
Fringe Benefits ............................................................................................7
Selection of Lead Plasterer and General �ead Plasterer .............................7
Holidays....................................................................................................... 8
Disciplinary Procedures .............................................................................9
AbsencesFrom Work ...................................................................................9
Seniority ...................................................................................................1 Q
Jurisdiction...............................................................................................1 1
Separation .................................................................................................1 1
Tools ..........................................................................................................1 1
Grievance Procedure .................................................................................1 2
Right of Subcontract ..................................................................................i 4
Non-Discrimination ..................................................................................i 4
Severability ..............................................................................................1 4
Waiver.......................................................................................................1 5
Mifeage......................................................................................................1 5
Durationand Pledge ...................................................................................1 6
Appendix .................................................................................................1 7
Appendix .................................................................................................1 7
Appendix ..........................................................................................1 8 -1 9
AppendixD .................................................................................................2 0
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PREAMBLE
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This Agreement is entered into between Independent School District No. 625, 1
hereinafter referred to as the Employer, and the Operative Piasterers and Cement
Masons Internationai Association Local 265, hereinafter referred to as the Union.
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The Empioyer and the Union concur that this Agreement has as its objective the
promotion of the responsibility 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 in the Agreement but rather primarily on aitiTudes beiween 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 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 ail concerned;
1.1.2 Set forth rates of pay, hours of work, and other conditions of
empioyment as have been agreed upon by the Employer and the Union;
1.1 .3 Estabiish procedures to orderly and peacefully 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. If any part of 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 �
provided by Article 25 (Severability).
ARTICIE 2. RECOGNITION
� 2.1 The Employer recognizes the Union as the exclusive representative for coilective
bargaining purposes for all personnel having an employment 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 C�Se
No.90-PCL-3134 dated January 26, 1990.
2.2 The ciasses of positions recognized as being exclusively represented by the Union
are as listed in Appendix A.
ARTICIE 3. EMPLOYER RIGHTS
3.1 The Employer retains the right to operate and manage ail 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
structure, to select, direct, and determine the number of personnel; and to
pertorm any inherent managerial function not specifically limited by this
Agseement.
, 3.2 Any "term or condition of employmenY' not estabiished by this Agreement shall
remain with the Empioyer to eliminate, modify or establish following written
• notification to the Union.
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ARTfCLE 4. UNION RIGHTS
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4.1 The Employer shali 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 shall 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 Empioyer from any
and all ciaims or charges made against the Empioyer as a result of the
implementation of this Article.
4.2 The Union may designate one (1) employee from the bargaining unit to act as a
Steward and shall inform the Employer in writing of such designation. Such
employee shall have the rights and responsibilities as designated in Article 22
(Grievance Procedure).
4.3 Upon notification to a designated Employer supervisor, the Business Manager of
the Union or the designated representative shall be permitted to enter the
facilities of the Empioyer where employees covered by this Agreement are
working.
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ARTICLE 5. SCOPE OF THE AGREEMENT
5.1 This Agreement establishes the �terms and conditions of employment" defined by
Minnesota Statute § 179A.30, Subdivision 19, for all employees exciusively
represented by the Union. This Agreement shall supersede such "terms and
conditions of employment" established by Civil Service Rule, Council Ordinance,
and Council Resolution.
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ARTICLE 6. PROBATIONARY PERIODS
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6.1 All personnel, originaily hired or rehired following separation, in a regular
• employment status shall serve a six (6)-month probationary period during
which time the employee's fitness and ability to perform the class of positions'
duties and responsibilities shail be evaluated.
6.1.1 At any time during the probationary period an employee may be
terminated at the discretion of the Employer without appeal to the
provisions of Article 22 (Grievance Procedure).
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 personnel 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 shail be
evaluated.
6.2.1 At any time during the promotionai probationary period an employee
may be demoted to the empioyee's previously-heid class of positions at
the discretion of the Empfoyer without appeal to the provisions of
Article 22 (Grievance Procedure).
• 6.2.2 An employee demoted during the promotional probationary period shall
be retumed to the empioyee's previously-held dass of positions and
shall receive a written notice of the reasons for demotion, a copy of
which shall be sent to the Union.
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 shail compensate employees for all hours worked at the basic
houriy wage rate and hourly fringe benefit rate as found in Article 12 (Wages)
and Article 13 (Fringe Benefits).
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 8. HOURS OF WORK
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8.1 The normal 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 Emptoyer's judgment
to establish second and third shifls 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 normal work week.
8.5 All employees shali 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
iheir supervisor.
8.6 All employees are subject to cali back by the Employer as provided by
Article 10 (Call Back).
8.7 Employees reporting for work at the established starting time and for whom no
work is available shail 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 workday.
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ARTICLE 9. OVERTIME
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9.1 Ali overtime compensated for by the Employer must receive prior authorization
• from a designated Empioyer supervisor. No overtime work claim will be honored
for payment or credit uniess approved in advance. An overtime claim will not be
honored, even though shown on the time card, unless the required advance
� approval has been obtained.
9.2 The overtime rate of one and one-half (1-1/2) the basic houriy rate shall be
paid for work performed under the foliowing circumstances:
9.2.1 Time worked in excess of eight (8) hours in any one normal workday;
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9.2.2 Time worked on a sixth (6th) day foliowing a normal work week.
9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work
performed under the following circumstances:
9.3.1 Time worked on a holiday as defined in Article 15 (Holidays);
9.3.2 Time worked on a seventh (7th) day following the normal work week;
and
9.3.3 Time worked in excess of tweive (12) consecutive hours in a
• twenty-four (24) hour period, provided that all "emergency" work
required by "Acts of God° shall be compensated at the rate of one and
one-half (1-1/2).
9.4 For the purposes of calculating overtime compensation, overtime hours worked
shall not be "pyramided," compounded or paid twice for the same hours worked.
9.5 Overtime hours worked as provided by this Articie shall be paid in cash or i n
compensatory time at the option of the Empioyer.
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ARTICLE 10. CALL BACK
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10.1 The Employer retains the right to call back employees before an employee has
started a normal workday or normal work week and after an employee has +
completed a normal workday or normal work week.
10.2 Employees called back shali receive a minimum of four (4) hours of pay at the
basic hourly 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.
10.4 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
11 .1 Employees shall report to work location as assigned by a designated Employer
supervisor. During the normal workday, employees may be assigned to other •
work locations at the discretion of the Employer.
11 .2 Empioyees assigned to work locations during the normai workday other than their
original assignment, and who are required to furnish their own transportation,
shall be compensated fior mileage, as sei forth in Article 27 (Mileage).
ARTICLE 12. WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be paid for all
hours worked by an employee.
12.2 Regular employees and temporary employees shall be compensated in accordance
with Article 12.1 (Wages) and have fringe benefit contributions and/or
deductions made on their behalf as provided for by Article 13 (Fringe Benefits).
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ARTICLE 1 3. FRINGE BENEFITS
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13.1 The Employer shaii make contributions on behalf of and/or make deductions from
- the wages of empioyees covered by this Agreement in accordance with Appendix D
for ail hours worked.
1 3.2 The Employer will for the period of this agreement provide, for those employees
hired before February 15, 1974, and who were eligibie for the Employer's
Health and Welfare premium contributions and who have retired since
June 1, 1978, such health insurance premium contributions up to the same
dollar amounts as are provided by the Employer at the date of early retirement
and the cost of premium contributions toward $5,000 life insurance coverage
until such employees reach sixty-five (65) years of age.
In order to be eligible for the premium contributions under the provision 1 3.2
and 13.3 the employee must:
13.2.1 Be receiving benefits from a pubiic employee retiree act at the time of
retirement.
13.2.2 Have severed the employment relationship with the City of Saint Paul
and/or Independent School District No. 625 under one of the early
retiree plans.
13.2.3 Inform the Human Resource Department of Independent School District
• No. 625 and Office of Human Resources, City of Saint Paul in writing
within sixty (60) days of employee's early retirement date that he or
she wishes to be eligible for early retiree insurance benefits.
13.3 An employee who retired at age sixty-five (65) or later and who met the criteria
in 13.2 or for early retirees who qualified under 13.2 and have reached age
sixty-five (65) after retirement the Employer will provide payment of
premium for a Medicare supplement health coverage policy selected by the
Employer.
ARTICLE 14. SELECTION OF LEAD PLASTERER AND GENERAL LEAD PLASTERER
i 4.1 The selection of personnel for the class of position of lead Plasterer shalf remain
solely with the Employer.
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ARTICLE 15. HOLIDAYS
1 5.1 The following ten (10) days shall be designated as unpaid holidays:
New Year's Day
Martin Luther King,
Presidents' Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans' Day
Thanksgiving Day
Christmas Day
January 1
Jr. Day Third Monday in January
Third Monday In February
Last Monday In May
July 4
First Monday in September
Second Monday in October
November 11
Fourth Thursday 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 falis on a Saturday, the preceding Friday shall be considered
the designated holiday.
15.3 The ten (i0) holidays shall be considered non-workdays.
15.4 If, in the judgment of the Employer, personnel are necessary for operating or
emergency reasons, employees may be scheduled or "called back" in accordance
witfi Articie 10 (Call Back).
15.5 Employees assigned to work on Martin Luther King, Jr. Day, Presidents' Day,
Columbus Day or Veterans' Day shall be compensated on a straight-time basis for
such hours worked.
15.6 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 Martin Luther King Day, Presidents' Day, Columbus Day or Veterans' Day falls
on a day when school is in session, the employee shall work that day at straight
time and another day shall be designated as the holiday. This designated holiday
shail be determined by agreement between the employee and the supervisor.
i 5.8 Notwithstanding Article 15.1 and 15.7 above, the Employer may at any time
during the life of this Agreement designate the day after Thanksgiving as a
holiday. In the event of such designation, either Martin Luther King, Jr. day,
Presidents' Day, Columbus Day, or Veterans' Day shall be deleted from the
hofidays list as set forth in Articfe 15.1.
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ARTICLE 1 6. DISCIPLINARY PROCEDURES
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16.1 The Employer shail have the right to impose disciplinary actions on employees
^ forjust cause.
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1 6.2 Disciplinary actions by the Employer shali include only the following actions:
16.2.1 Oral reprimand;
16.2.2 Written reprimand;
16.2.3 Suspension;
16.2.4 Demotion;
1 6.2.5 Discharge.
16.3 Empioyees who are suspended, demoted or discharged shall retain all rights under
Minnesota Statute § 179A.20, Subd. 4, and thereby shall 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). Orxe an
employee or the Union acting in the employee's behalf initiates review of an
action, that matter shall not again be reviewed in another forum. Orai
reprimands shall not be subject to the grievance review procedures.
� ARTICLE 17. ABSENCES FROM WORK
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17.1 Employees who are unable to report for their normal workday have the
responsibility to notify their supervisor of such absence as soon as possible, but
in no event later than the beginning of such workday.
17.2 Failure to make such notification 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"quiY' by the Employer 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 Pubiic Schools.
18.1 .2 The term, "Master Seniority," shall mean the length of continuous
regular and probationary service with the Employer from the date an
empioyee 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 class
title covered by this Agreement.
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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 ihat title and begins to be calculated from that date.
M employee's Class Seniority does 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 definition of ciass seniority
would be used for ail layoff decisions. �
1 8.2 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 ii is necessary to reduce the
workforce, employees wili 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 Agreement, provided the employee has greater °Class
Seniority" than the employee being replaced. Recall from layoff shall be in
inverse order of layoff, except that recall rights shall expire after twenty-four
(24} months from fhe last day of work preceding the layoff. No other Civil
Service recall rights to this Employer shall apply. This provision does not
address any rights the employee may have to be recalled to any other employer.
1 8.5 The selection of vacation periods shall be made by class titie based on length of
"Class Seniority," subject to the approval of the Employer.
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ARTICLE 19. JURISDICTION
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1 9.1 Disputes conceming work jurisdiction between and among unions is recognized as
^ an appropriate subject for determination by the various unions representing
employees of the Employer.
� 1 9.2 The Employer agrees to be guided in the assignment of work jurisdiction by any
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 mutually possible to
resofve the dispute. Nothing in the foregoing shaff 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 shaii be subject to disciplinary action
as provided in Article 16 (Disciplinary Procedures).
1 9.5 There shali be no work stoppage, slow down or any disruption of work resuiting
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 following 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 Articfe 16.
20.1 .3 Failure to Report for Dutv. As provided in Article 17.
20.2 Employees having a temporary employment status may be terminated at the
discretion of the Employer before the completion of a normal workday.
ARTICLE 21. TOOLS
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• 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
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22.1 The Employer shall recognize Stewards selected in accordance with Union rules
and regulations as the grievance representaiive of the bargaining unit. The Union .
shall notify the Employer in writing of the names of the Stewards and of their
successors when so named.
22.2 It is recognized and accepted by the Employer and the Union that the processing of
grievances as hereinafter provided is limited by the job duties and
responsibilities of the employees and shall therefore be accomplished during
working hours oniy when consistent wiih such employee duties and
responsibilities. The Steward involved and a grieving employee shall suffer no
loss in pay when a grievance is processed during working hours, provided the
Steward and the employee have notified and received the approval of their
supervisor to be absent to process a grievance and that such absence would not be
detrimental to the work programs of the Employer.
22.3 The procedure established by this Article shall, except as previously noted i n
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 foilowing procedure:
Steo 1. Upon the occurrence of an alleged violation of this Agreement, the
empioyee involved shall attempt to resolve the matter on an informal •
basis with the employee's supervisor. If the matter is not resolved to
the employee's satisfaction by the informal discussion, it may be
reduced to writing and referred to Step 2 by the Union. The written
grievance shall set forth the nature of the grievance, the facts on which
it is based, the aBeged section(s) of the Agreement violated, and the
relief requested. Any alieged violation of the Agreement not reduced to
writing by the Union within seven (7) calendar days of the first
occurrence of the event giving rise to the grievance or within the use of
reasonable diligence should have had knowledge of the first occurrence
of the event giving rise to the grievance, shall be considered waived.
Ste° 2. With 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 resuit of this meeting, the
grievance remains unresolved, the Employer shatl 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)
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Steo 3. Within seven (7) caiendar days following receipt of a grievance
referred from Step 2, a designated Employer supervisor shall meet
with the Union Business Manager or his designated representative and
attempt to resolve the grievance. Within seven (7) calendar days
following this meeting, the Employer shall reply in writing to the Union
stating the Employe�'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 i n
writing by the Union to Step 4 within seven (7) calendar days following
receipt of the �mployer'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. The
arbitration proceedings shall be conducted by an arbitrator to be
selected by mutual agreement of the Empioyer and the Union within
seven (7) calendar days after notice has been given. If the parties faii
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 panel of five (5) arbitrators. Both the Employer and the
Union shali have the right 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 wili be repeated and the remaining person
shall be the arbitrator.
22.5 The arbitrator shail have no right to amend, modify, nullify, ignore, add to o r
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 shalf have no authority to make a decision on any otfier 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 appiication 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 foliowing 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 shail 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 ar6itrator'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 cancels an arbitration hearing or asks for a last-minute postponement that
� leads to the arbitrator's making a charge, the canceling party or the party asking
for the postponement shall pay this charge. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providing i t
. pays for the record.
• 22.7 The time Iimits in each step of this procedure may be extended by mutual
agreement 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 Employer shall give the Union a ninety (90) calendar day notice
of the intention to subcontract. �
23.2 The subcontracting of work done by the employees covered by this Agreement
shali 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 oiher •
empioyees and the general public.
ARTICLE 25. SEVERABtLITY
25.1 In the event that any provision{s) of this Agreement is declared to be contrary to
iaw by proper legislative, administrative or judicial authority from whose
finding, determination or decree no appeai is taken, such provision(s) shall be
voided. All other provisions shall continue in fuli 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 completely set forth in this Agreement.
26.2 Therefore, the Employer and the Union for the duration of this Agreement agree
that the other party shail 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, mutualiy 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
• 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, employees must receive authorization from the
District Mileage Committee utilizing the following plan:
PLAN ° A". Effective with the adoption of this Agreement, is reimbursed
at the current Board of Education rate or 31¢ per mile whichever is
more. In addition, a maximum amount which can be paid per month is
established by an estimate furnished by the empioyee and the
employee's supervisor.
Another consideration for estabtishing the maximum amount can be the
experience of another working in the same or similar position.
Under this plan, it is necessary for the employee to keep a record of
each trip made
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ARTICLE 28. DURATIONANDPLEDGE
28.1 This Agreement shall become effective as of the date of signing, except as specificaily
provided otherwise in Articles 12 and 13, and shali remain in effect though the 31 st
day of May 2000, and continue in effect from year to year thereafter unfess notice to
change or to terminate is given in the manner provided in 28.2.
28.2 If either paRy desires to terminate or modify this Agreement effective as of the dafe
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 only 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 established is the
means by which grievances conceming its appiication or interpretation may be
peacefully resolved, the parties hereby pledge that during the term of the Agreement:
28.3.1 The Union and the employees will not engage in, instigate or condone any
concerted action in which employees fail to report for duty, wilifully
absent themseives 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.
28.3.2 The Employer wili not erx�age in, instigate or condone any iockout of
employees.
28.3.3 This constitutes a tentaiive Agreement beriveen parties which will be
recommended by the schooi board negotiator, but is subject to the approval
of the Board of Education and is also subject to ratification by the Union.
The parties agree and attest that this represents the fuil and complete understanding of the
parties for the period of time herein specified by the signature of the following
representatives for the Employer and the Union.
WITNESSES:
INDEPENDEIVT SCHOOL DISTRiCT IVO. 625
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OPERATtVE PLASTERERS AND CEMENT
MASONS INTERNATIONAL
AS�S Q LOCAL NO. 265
L�:�7%�-1' ����"��
Business Manager
��/s3"
Date
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/� a�,sqe
Date
_ _ � � r�
a���.i.n�_�
.
The classes of positions recognized by the Employer as being exciusively represented by
. the Union are as follows:
Piasterer
Lead Plasterer
Apprentice - Plasterer
.
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.
APPENDIX B
All necessary hand tools.
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APPENDIX C
C- 1 The totai hourly cost to the Empioyer for wages pius any and all contributions or
deductions stated in Appendix D of this Agreement shall not exceed the following
amounts:
Effective
6-6-98
Piasterer
$30.67
C- 2 The tota( taxable houriy rate including wages and the vacation contribution i n
Appendix D and exciuding all other benefit costs and obligations in Appendix D,
for regular and probationary employees appointed to the following classes of
positions shall be as follows:
Effective
6-6-98
Plasterer
$22.63
C-2A The basic hourly wage rates in this Appendix C, Section C-2A are
for com�ensation analKsis nurposes oniX. These figures represent
the portion of the Section C-1 rates above specifically allocated to
wages. These rates do NOT include taxable contributions and
therefore should NOT be used for taxable payroll calculations. See
Section C-2 above for total taxable payroll information.
Effective
6-6-98
Plasterer
C-3 Thetotal taxable hourly rate
Appendix D for temporary
positions shall be:
�
Effective
6-1-99
$31.95
Effective
6-1-99
Effective
6-1-99
including wages and the vacation contribution i n
employees appointed to the following classes of
Effective
6-6-98
Plasterer
$23.21
Effective
6-1-99
If a temporary employee working in a title listed in this Section 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
caiculated hourly base rate may change so the Employer's cost does not exceed the
amounts listed in C-1 above.
j NOTES FOR APPENDICES C-2. C-2A AND G3: The June 6, 1998 hourly rates in Appendix C, Sections 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 ihe June 6, 1998 total hourly cost stated in Appendix C, Section C-1.
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APPENDIX C (continued)
•
C-4 The basic hourly wage rates for the Apprentice class of positions:
a
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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.
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APPENDIX D
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Effective June 6, 1998, the Employer shall forward the amounts designated in this
Appendix D for employees covered by this Agreement to depositories as directed by the
Union and agreed to by the Employer:
( 1) $4.15 per hour for all hours worked from which all appropriate payroli �
deductions have been made to a Union-designated Vacation Fund.
( 2) $2.66 per hour for ali hours worked to a Union-designated Health and
Welfare Fund ($2.60 for temporary empioyees).
( 3) $3.30 per hour for all hours worked to a Union-designated Pension Fund
($4.80 ior temporary employees).
( 4) $.85 per hour for all hours worked to a Union-Designated Supplemental
Pension Fund. (No contribution for temporary empioyees.)
( 5) $.06 per hour for all hours worked to a Union-designated Ap�renticeship
Fund.
The Empioyer shall make legally established non-negotiated pension
contributions to PERA. Changes in the mandated PERA rate may change ihe
caiculated hourly base rate of pay so the Employer's cost does not exceed the
amounts stated in C-1 above. •
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 shaif 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.
Empioyees covered by this Agreement shall not be eligible for, governed by o r
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
Resoiutions.
The Employer's fringe benefit obligation to employees is limited to the contributions
and/or deductions established by this Agreement. The actual level of benefits provided to
employees shall be the responsibility of the Trustees of the various funds to which the
Employer has forwarded contributions and/or deductions.
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