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87-1539 WNITE - GITV CLERK PINK - FINAN�E G I TY O F SA I NT PA U L Council CANARV - DEPAi7TMENT S BLUE - MAVOR F11C NO. � /v � � Council Resolution - � Presented By Referred To Committee: Date I Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1987-1990 Collective Bargaining Agreement between the City of Saint Paul and the Plumbers Local 34 representing Water Meter Repairers. COUNCILMEIV Reque artment of: Yeas �,p� Nays Nicosia �_ In Favor P�R NN Rettman sy� Scheibel Sonnen a __ Against BY '�'�'C� �.d� Wilson n VCT 2 7 �7p1 Form prove by Ci ttorney Adopted by Council: Date Certified P•s Council et BY By Approve Vlavor: Date _ 2 S �� Appro ed y Mayor for Sub ' sio o Council B — BY PuBIIS�D �°�t�`d '� - 1987 PERSONNEL- ABOR RELATIONS DE PART�IENT �` ° ' �S`3� N.� O O 1 S 1 JA1�S LOtrIBA I �i, CONTACT � � � ,. 298-4221 PHONE „ � SEPTEMBER 1 1987 QATE � � ASSIG NUNBER FOR ROUTING ORDER C1i All Locations for Si nature : . D�partmen Director � Director of Management/Mayor Finance a d Manageme�t Services Director � 4 City Clerk Budget .Di ector 2 City Atto ney _ , WHAT WILL B�� CHI�VED BY TAKING ACTION ON THE ATTAGHED MATERIA�S? (Purpose/ Rationale) : SEE ATTACHM NT. RECEIVED R E�E i V'E D 1 a��a� SEP 2 51987 SEP 18 ��, � ; 1987 �a,��s oFFicE CITY ATTOf�NEIf . COST BENEFIT BUDGETARY AND P�RSONNEL IMPACTS ANTICIPATED: ` FINANCIAL I ACT: May, 1987 thru April, 1988 $12,438 May, 1988 thru April, 1989 13,520 . May, 1989 thru April, 1990 13,520 ' TUTAL: $39,478 . FINANCING SOU CE AND BUDGET ACTIVITY NUNBER CHARGED OR CREDITED: (Mayor's signa- � ture not re- Total �Amou t of "Transaction: quired if under � �10,000) Funding S rce: Activity N mber: • ATTACHMENTS ist and Number All Attachments : 1 - Attachm nt � 1 - Coui►cil Resolution � 1 - City C1 rk Copy . DEPARTMENT RE IEW CITY ATTORNEY REIIIEW Yes No Council Resolution Required? ' Resolution Required? Yes No Yes No Insurance Required? Insurartce Sufficient? Yes No Yes No Insurance Attached: � (SE� •REVERSE SIDE FOR INSTRUCTIONS) Revised 12/84 ��5 ✓ GREEN SHEET for WATER METER REPAIRER This resolution approves a three year contract between the City and Plumbers Local 34 representing employees working in the class of Water Meter Repairer. This title previously was included in the Plumbers Contract; however, it has been removed from the Plumbers Bargaining Unit. The title continues to be represented by Plumbers Local 34. This new contract has basically the same terms that applied to the Water Meter Repairer in the Plumbers contract. The changes are in the Insurance Article, Vacation Article and Wages. Effective January, 1988 the number of health plans are reduced from seven to three. The caps on Employer costs are set at $70.00 per month for employee coverage and $180.00 per month for family coverage. The vacation schedule increased three (3) days. However, the wage increase was reduced by the cost of this additional vacation. The wages continue to be based on a percentage of the Plumbers rate. This is set at 457 at the starting rate and moving to 757 after 2� years experience. The 1987 increase is $0.46 per hour, the second and third year are approximately $0.50 per hour. , � ��/.��.39 May 1, 1987 thru April 30, 1990 MAINTENANCE LABOR AGREEMENT - between - THE CITY OF SAINT PAUL - and - UNITED ASSOCIATION PLUMBERS LOCAL 34 REPRESENTING WATER METER REPAIRERS . . (��/�:3 y, INDER ARTICLE TITLE PAGE Preamble iii I Purpose 1 II Recognition 2 III Employer Rights 3 IV Union Rights 4 V Scope of the Agreement 5 VI Probationary Periods 6 VII Philosophy of Employment and Compensation 7 VIII Hours of Work 8 IR Overtime 9 R Call Back 10 %I Work Location, Residency 11 RII Wages 12 RIII Insurance 13 %IV Severance Pay 15 XV Vacation 17 RVI Holidays 18 XVII Disciplinary Procedures 19 XVIII Absences From Work 20 RIR Seniority 21 � RX Separation 22 XRI Grievance Procedure 23 _ RXII Right of Subcontract 27 RRIII Non-Discrimination 28 RXIV Severability 29 RXV Waiver 30 RRVI Safety 31 RRVII Lega1 Services 32 RRVIII Administrative Service Fee 33 XRIX Jurisdiction 34 XIIX Mileage 35 1�CXI Duration and Pledge 36 , � � ��-r i.�� P R E A M B L E This AGREEMENT is entered into between the City of Saint Paul, herein- after referred to as the EN�LOYER and the United Association of Water Meter Repairers Local 34 hereinafter referred to as the UNION. The EMPLOYER and the UNION concur that this AGREEMENT has as its ob�ective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The II�LOYER and the UNION both realize that this goal depends not only on the words in the AGREEMENT but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the EMPLOYER, the UNION, and the individual employees will best serve the needs of the general public. � - iii - ARTICLE I - PURPOSE 1.1 The EMPLOYER and the UNION agree that the purpose for entering into this AGREEMENT is to: 1.11 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; 1.12 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the EMPLOYER and the UNION; 1.13 Establish procedures to orderly and peacefully resolve disputes as to the application or inter- pretation of this AGREEMENT without loss of manpower productivity. • 1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a supplement to 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 as provided by Article 26 (SEVERABILITY) . - 1 - , � ��7'��9 ARTICLE II - RECOGNITION 2.1 Tl1e II�LOYER recognizes the UNION as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, temporary, and emergency employed in the classes of positions defined in 2.2 as certified by the Buresu of Mediation Services in accordance with Case No. 86-PR-951 dated May 14, 1986. 2.2 The class of positions recognized as being exclusively represented by the UNION is listed below. Water Meter Repairer - 2 - ARTICLE III - EMPLOYER RIGHTS 3.1 The EMPLOYER retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 3.2 Any "term of condition of employment" not established by this AGREEMENT shall remain with the EMPLOYER to eliminate, modify, or establish following written notification to the UNION. - 3 - � ' ��I i�.�� ARTICLE IV - UNION RIGHTS 4.1 The II�LOYER shall deduct from the wages of employees who suthorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies deducted shall be remitted as directed by the UNION. 4.11 The EMPLOYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any other labor organization. 4.12 The UNION shall indemnify and save harmless the EMPLOYER from any and all claims or charges made against the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 Tl1e UNION may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the EMPLOYER in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 23 (GRIEVANCE PROCEDURE) . - 4.3 Upon notification to a designated EMPLOYER supervisor, the Business Manager of the UNION, or his designated representative shall be permitted to enter the facilities of the EMPLOYER where employees covered by this AGREEMENT are working. - 4 - � ART�CLE V - SCOPE OF THE AGREEMENT 5.1 This AGREEMENT establishes the "terms and conditions of employment" defined by M.S. 179.63, Subd. 18 for all employees exclusively represented by the UNION. This AGREEMENT shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. - 5 - � ' ��fsv�' ARTICLE VI - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) months' probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.11 At any time during the probationary period an employee may be terminated at the discretion of the EMPLOYER without appeal to the provisions of Article 23 (GRIEVANCE PROCEDURE) . 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the UNION. 6.2 All personnel promoted to a higher class of positions shall serve a six (6) months' promotional probationary period during which time the employees' fitness and ability to perform the class of positions' duties and responsi- bilities shall be evaluated. 6.21 At any time during the promotional probationary period an employee may be demoted to the employee's previously held class of positions at the discretion of the EMF'LOYER without appeal to the provisions of Article 23 (GRIEVANCE PROCEDURE) . 6.22 An employee demoted during the promotional probationary period shall be returned to the employee's previously held class of positions and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the UNION. - 6 - ARTICLE VII - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The EMPLOYER shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Article 12 (WAGES) . - 7 - ' /�,L�/�J J� � v� ARTICLE VIII - HOURS OF WORK 8.1 For employees working under the title of Water Meter Repairer (formerly Water Meter Serviceman) , the normal work day shall be eight (8) hours excluding a thirty (30) minute unpaid lunch period, in any twenty-four hour period. 8.2 For employees working under the title of Water Meter Repairer (formerly Water Meter Serviceman) , the normal work week shall be forty (40) hours in the six-day period of Monday thru Saturday. The normal work week shall consist of five (5) consecutive normal work days. 8.3 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 8.4 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless - otherwise directed by their supervisor. 8.5 All employees are sub�ect to call-back by the EMPLOYER as provided by Article 10 (CALL BACK). 8.6 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. - 8 - ARTICLE IX - OVERTIME 9.1 Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by order of the head of the department. An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and- one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the EMPLOYER. 9.2 For the purpose of calculating overtime compensation overtime hours worked shall not be "pyramided", compounded, or paid twice for the same hours worked. 9.3 Overtime hours worked as provided by this ARTICLE shall be paid in cash or compensatory time as determined by the Employer. - 9 - . � �,�-�� 5 ARTICLE X - CALL BACK 10.1 The EMPLOYER retains the right to call back employees before an employee has started a norma.l work day or normal work week and after an employee has completed a normal work day or normal work week. 10.2 Employees called back shall receive a minimum of four (4) hours pay at the basic hourly rate. 10.3 The hours worked based on a call-back shall be campensated in accordance with Article 9 (OVERTIME) , when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME) . - 10 - ARTICLE XI - WORK LOCATION, RESIDENCY 11.1 Employees shall report to work location as assigned by a designated EMPLOYER supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the EMPLOYER. 11.2 Employees assigned to work locations during the normal work day, other than their original assignment, and who are required to furnish their own transportation shall be compensated for mileage. 11.3 The resolution pertaining to residency approved July 26, 1979, under Council File No. 273378 shall apply to all employees covered by this AGREEMENT. - 11 - , ��_��3� ARTICLE XII - WAGES 12.1 The basic hourly wage rate for regular employees appointed to the class of Water Meter Repairer shall be: Effective Effective Effective Effective Effective Effective 4-25-87 11-6-87 5-7-87 11-5-88 5-6-89 11-4-89 Water Meter Repairer lst Step $ 8.36 $ 8.39 * * * * 2nd Step $10.21 $10.26 * * * * 3rd Step $12.07 $12.13 * * * * 4th Step $13.93 $13.99 * * * * The wage rate for the title of Water Meter Repairer shall consist of four steps. The first step shall be the entry level step. The second step may be paid to those employees who successfully perform the duties of the title and who have appeared on the payroll in such title for at least 1040 hours. The third step may be paid to those employees who successfully perform the duties of the title and who have appeared on the payroll in such title at the second wage step for at least 2080 hours. The fourth step may be paid to those employees who successfully perform the duties of the title and who have appeared on the payroll in such title at the third wage step for at least 2080 hours. Employees holding the title of Utilityman I in the Water Department prior to August 1, 1985 shall be transferred to the title of Water Meter Repairer. Such transfers shall be made the lst day of the lst pay period following the effective date of the resolution approving this agreement. Such transfers shall be made to the 3rd step pay rate for Water Meter Repairer. Such transfers shall also be made in the same order as the ranking of the affected employees based on hours . worked as Utilityman I. Such employees will be eligible for the 4th step rate for Water Meter Repairer after working a total of 4160 hours as a Utilityman Z and Water Meter Repairer. Seniority for the title of Water Meter Repairer shall be the date of the employee's transfer to the title of Water Meter - Repairer. *The May 7, 1988; November 5, 1988; May 6, 1989 and November 4, 1989 in this contract shall be the rates shown below: Water Meter Repairer (Formerly Water Meter Serviceman) lst Step 457 of the w/benefit rate for Plumber** 2nd Step 55Z of the w/benefit rate for Plumber** 3rd Step 65Z of the w/benefit rate for Plumber** 4th Step 75X of the w/benefit rate for Plumber** **This is the City of St. Paul's w/benefit rate for the title of Plumber negotiated between the City of St. Paul and the Plumbers Local 34. - 12 - � ARTICLE XIII - INSURANCE 13.1 The �LOYER will continue for the period of this AGREEMENT to provide for employees such health and life insurance contributions as are provided by the EMPLOYER at the time of the execution of this AGREEMENT. 13.2 For each eligible employee covered by this Agreement who is employed full- time and who selects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $70.00 per month, whichever is less. For each full-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $180.00 per month, whichever is less. 13.3 For the purpose of this Article, full-time employment is defined as appearing on the payroll at least 32 hours per week or at least 64 hours per pay period excluding overtime hours. 13.4 For each eligible employee covered by this Agreement who is employed half-time who selects employee insurance coverage, the Employer agrees to contribute fifty percent (50�) of the amount contributed for full-time employees selecting employee coverage in the same insurance plan. For each half-time employee who selects family insurance coverage, the Employer will contribute fifty percent (50�) of the amount contributed for full-time employees selecting family coverage in the eame insurance plan. For the purpose of this Article, half-time employment is defined as appearing on the payroll at least 20 hours but less than 32 hours per week or at least 40 hours but less than 64 hours per pay period excluding overtime hours. 13.5 For each eligible employee the Employer agrees to contribute the cost of $5,000 of life insurance coverage. This Life insurance coverage will _ terminate upon retirement. 13.6 For Employees who retire at the age of 65 or older and who have completed at least twenty years of service at the time of their retirement, the Employer - will provide health insurance contributions toward such health insurance plans as provided by the Employer for retirees 65 years of age or older. For such employees who have not completed at least twenty (20) years of service at the time of their retirement, the Employer will discontinue providing any health insurance contributions upon their retirement. 13.7 For employees who retire prior to age 65, the employer will discontinue providing any health insurance contributions upon their retirement. 13.8 A Retiree may not carry his/her spouse as a dependent if such spouse in also a City retiree or City employee and eligible for and is enrolled in the City health insurance program. 13.9 Effective January 1, 1988 employees eligible for insurance coverage may select coverage only from the following insurance plans: Blue Cross-Blue Shield--ClNrt Group Health Physicians Health Plan--Combination Plan - 13 - , �-�7 is3� ARTICLE XIII - INSURANCE (CONT'D.) 13.10 The contributions indicated in this Article 13 shall be paid to the Employer's Group Health and Welfare Plan. 13.11 Any cost of any premium for any City-offered employee or family insurance coverage in excess of the dollar amounts stated in this Article 13 shall be paid by the employee. - 14 - ARTICLE XIV - SEVERANCE PAY 14.1 The employer shall provide a severance pay program as set forth in this Article 14. 14.2 To be eligible for the severance pay program, an employee must meet the following requirements: 14.21 The employee must be voluntarily separated from City employment or have been subject to separation, lay-off or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 14.22 The employee must file a waiver of re-employment with the Personnel Director, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or re-employment (of any type) , with the City or with Independent School District No. 625. 14.23 The employee must have an accumulated balance of at least (80) days of sick leave credits at the time of his/her separation from service. 14.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted - severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for � each day of accrued sick leave subject to a maximum as shown below based on the number of years of service with the City. YEARS OF SERVICE MAXIMUM WITH THE CITY SEVERANCE PAY At least 20 $4,000 21 $4,600 22 $5,200 23 $5,800 24 $6,400 25 $7,000 - 15 - . � ��J-/.�3� ARTICLE XIV - SEVERANCE PAY (CONT'D) 14.4 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 14.5 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. - 16 - ARTICLE XV - VACATION 15.1 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, excluding overtime. Years of Service Hours of Vacation lst year thru Sth year .0500 (13 days) 6th year thru 15th year .0693 (18 days) 16th year thru 25th year .0924 (24 days) 26th year and thereafter .0962 (25 days) 15.2 The head of the department may permit an employee to carry over into the following "vacation year" up to eighty (80) hours of vacation. For the purpose of this article the "vacation year" shall be the fiscal year (IRS payroll reporting year). 15.3 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Sub. H. 15.4 The rates of pay in Article 12 have been reduced by an amount equal to the cost of three additional days of vacation which may be earned during the first 25 years of employment. These additional days are included in the vacation schedule listed above in Article 15.1. - 17 - . ' ��I/,5�3 J ARTICLE RVI - HOLIDAYS 16.1 The following ten (10) days shall be designated as holidays: New Year's Day, January 1 Martin Luther King Day, Third Monday in January (effective 1986) Presidents' Day, Third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Columbus Day, second Monday in October Veteran's Day, November 11 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 1�ao Floating Holidays 16.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 16.3 The ten (10) holidays shall be considered non-work days. 16.4 If, in the judgment of the EMPLOYER, personnel are necessary for operating or emergency reasons, employees may be scheduled for "called back" in - accordance with Article 10 (CALL BACK) . 16.5 If an employee entitled to a holiday is required to work on Martin Luther King � Day, President's Day, Christopher Columbus Day, or Veterans' Day, he shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department permits, or he shall be paid on a straight time basis for such entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, he shall be recompensed for work done on this day by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such hours worked, in addition to his regular holiday pay. Eligibility for Holiday pay shall be determined in accordance with Section I, Subsection I of the St. Paul Salary Plan and Rates of Compensation. - 18 - ( ARTICLE XVII - DISCIPLINARY PROCEDURES 17.1 The EMPLOYER shall have the right to impose disciplinary actions on employees for 3ust cause. 17.2 Disciplinary actions by the EMPLOYER shall include only the following actions: 17.21 Oral reprimand 17.22 Written reprimand 17.23 Suspension 17.24 Demotion 17.25 Discharge 17.3 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civil Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appeal of a suspension, demotion, or discharge shall be considered a "grievance" for the purpose of processing through the provisions of Article 23 (GRIEVANCE PROCEDURE) . - 19 - . � ��T��3 q ARTICLE RVIII - ABSENCES FROM WORK 18.1 Employees who are unable to report for their normal work day shall have the responsibility to notify their supervisor of such absence no later than 30 minutes before the beginning of such work day. However, in cases where the employee is unable to make such notification because of extenuating circum- stances, the employee shall notify the supervisor as soon as possible. 18.2 Failure to make such notification may be grounds for discipline as provided in Article 17 (DISCIPLINARY PROCEDURES) . 18.3 Fsilure to report for work without notification for three (3) consecutive normal work days may be considered a "quit" by the EMPLOYER on the part of the employee. - 20 - , ARTICLE XIX - SENIORITY 19.1 Seniority, for the purpose of this AGREEMENT, shall be defined as follows: 19.1.1 "Class Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the date an employee was first appointed to a class title covered by this AGREEMENT. 19.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the EMPLOYER or to � an elected or appointed full-time position with the UNION, 19.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 19.4 In the event it is determined by the EMPLOYER that it is necessary to reduce the work force employees will be laid off by class title within each Department based on inverse length of "Class Seniority". - 21 - . � ��-r-��s3 9 ARTICLE XX - SEPARATION 20.1 Effiployees 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 Retirement. As provided in Article 14. 20.1.3 Discharge. As provided in Article 17. 20.1.4 Failure to Report for Duty. As provided in Article 18. 20.2 Employees having an emergency, temporary, or provisional employment sCatus may be terminated at the discretion of the EMPLOYER before the completion of a normal work day. - 22 - ARTICLE XXI - GRIEVANCE PROCEDURE 21.1 The EMPLOYER shall recognize Stewards selected in accordance with UNION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the names of the Stewards and of their successors when so named. 21.2 It is recognized and accepted by the EMPLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving �employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EMPLOYER. 21.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 17.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. 21.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this AGREEMENT, the employee 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, - 23 - . ��-�i.�.� 9 ARTICLE XXI - GRIEVANCE PROCEDURE (CONTD.) Step 1. (cont'd.) the alleged section(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated EMPLOYER supervisor shall meet with the UNION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UNION within three (3) calendar days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any _ grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated EI�LOYER 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 EMPLOYER'S answer concerning the grievance. If, as a result of the written response - 24 - ARTICLE XXI - GRIEVANCE PROCEDURE (CONT'D) Step 3. (cont'd) the grievance remains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. Step 4. If the grievance remains unresolved, the UNION may within seven (7) calendar days after the response of the EMPLOYER in Step 3, by written notice to the II�LOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said - seven (7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 21.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have no authority - 25 - • � ��3� ARTICLE XXI - GRIEVANCE PROCEDURE (CONTD) 21.5 (cont.d) to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION and the employees. 21.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays _. for the record. 21.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. - 26 - ARTICLE XXII - RIGHT OF SUBCONTRACT 22. 1 The EMPLOYER may, at any time during the duration of this AGREEMENT, contract out work done by the employees covered by this AGREEMENT. In the event that such contracting would result in a reduction of the work force covered by this AGREEMENT, the EMPLOYER shall give the UNION a ninety (90) calendar day notice of the intention to sub-contract. 22.2 The sub-contracting of work done by the employees covered by this AGREEMENT shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. - 27 - ` �,�'�"//��9 ARTICLE XXIII - NON-DISCRIMINATION 23.1 The terms and condition of this AGREEMENT will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, or because of membership or nonmembership in the UNION. 23.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public. - 28 - ARTICLE XXIV — SEVERABILITY 24.1 In the event that any provision(s) of this AGREEMENT is declared to be contrary to law by proper legislative, administrative, or judicial authority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 24.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the AGREEMENT in compliance with the legislative, administrative, or judicial determination. - 29 - • � ��=�/-/�� ARTICLE XXV - WAIVER 25.1 The II�LOYER 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 sub�ect concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREEMENT. 25.2 Therefore, the EMPLOYER and the UNION for the duration of this AGREEMENT agree that the other party shall not be obligated to meet and negotiate over any term or conditions of employment whether specifically covered or not specifically covered by this agreement. The UNION and EMPLOYER may, however, mutually agree to modify any provision of this AGREEMENT. 25.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this AGREEMENT, are hereby superseded. - 30 - � ARTICLE XXVI - SAFETY 26.1 Accident and in�ury free operations shall be the goal for the EMPLOYER and EMPLOYEES. To this end the EMPLOYER and EMPLOYEE will, to the best of their ability abide by, and live up to the requirements of the several State and Federal Construction Safety Codes and Regulations. 26.2 To this end the EMPLOYER shall from time to time issue rules or notices to his EMPLOYEES regarding on the job safety requirements. Any EMPLOYEE violating such rules or notices shall be subject to disciplinary action. No EMPLOYEE may be discharged for refusing to work under unsafe conditions. 26.3 Such safety equipment as required by governmental regulations, shall be provided without cost to the EMPLOYEE. At the EMPLOYER'S option, the EMPLOYEES may be required to sign for safety equipment and shall be obligated to return same upon discharge, layoff, quit or other termination in comparable condition as when issued, providing reason- able wear and tear. The EMPLOYER shall have the right to withhold the cost of such safety equipment if not returned. 26.4 The EMPLOYER agrees to pay $10.00 toward the cost of each pair of safety shoes purchased by an EMPLOYEE that is a member of this unit. The EMPLOYER shall contribute for the cost of two pair of shoes per year and shall not be responsible for any additional cost for any additional shoes thereafter. This reimbursement of $10.00 per pair of shoes shall be made only after investigation and approval by the immediate supervisor of that employee. This $10.00 per pair of shoes contribution to be made by the E1rII'LOYER shall apply to those employees who must wear protective shoes or boots for their employment. - 31 - . ��1/�3� ARTICLE XXVII - LEGAL SERVICES 27.1 Except in cases of malfeasance in office or willful or wanton neglect of duty or indifference to rights of others, the employer shall defend, save harmless and indemnify employee against tort claim or demand whether groundless or otherwise arising out of alleged acts or omission occurring in the performance or scope of the employee's duties. 27.2 Notwithstanding the provisions of section 26.1, the employer shall not be required to defend or indemnify any employee against personal liability, or damages, costs or expense (a) resulting from a claim, suit, verdict, finding, determination or judgment that the employee has committed an intentional tort or torts, including but not limited to slander, libel and/or other defamatory harms; or (b) arising out of cross claims, counterclaims, affirmative defenses and/or separate actions brought against such employee in response to or resulting from claims, allegations, dema.nds or actions (whether or not litigation was actually commenced) brought, made or instituted by such employee. 27.3 Notwithstanding the provisions of section 26.1 or 26.2, the employer may at its sole discretion defend an employee against allegations, claims, demands or actions wholly or in part based on or arising out of claimed intentional torts, and in such cases, the employee consents to the extent lawfully permitted to such representation without regard to actual or potential conflicts of interest. 27.4 Bach employee, within 20 days after receiving notice of (1) a tort claim or demand, action, suit or proceeding against him or her, and (2) �udgment, verdict, finding or determination, either of which arises out of alleged or found acts or omissions occurring in the performance or scope of the employee's duties, shall notify the City by giving written notice thereof to the Office of the City Clerk. - 32 - ARTICLE XXVIII - ADMINISTRATIVE SERVICE FEE 28.1 The Union agrees that an administrative service fee of �12.00 per employee, working under the title of Water Meter Repairer (formerly Water Meter Serviceman) , per year shall be deducted by the Employer from the employee's earnings. This annual deduction shall be made from the first paycheck issued in January of each year. - 33 - . � � ��,i�3� ARTICLE XXIR - JURISDICTION 29. 1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject to determination by the various unions representing employees of the EI�LOYER. 29.2 The EMPLOYER agrees to be guided in the assignment of work �urisdiction by any mutual agreements between the unions involved. 29.3 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 resolve the dispute. Nothing in the foregoing shall restrict the right of the EMPLOYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the EMPLOYER's basic right to assign work. 29.4 Any employee refusing to perform work assigned by the EMPLOYER and as clarified by Sections 20.2 and 20.3 above shall be sub�ect to disciplinary action as provided in Article 17 (DISCIPLINARY PROCEDURES) . 29.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. - 34 - ARTICLE XXR — MILEAGE 30.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 30.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of �3.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addition, the employee shall be reimbursed 15C per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of 15C per mile driven and shall not be eligible for any per diem. 30.3 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain sutomobile liability insurance in amounts of not less than �100,000/�300,000 for personal injury, and �25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, . together with the amendment thereto, shall be maintained on file with the city clerk. — 35 — , t , �,��-j /�3� ARTICLE XXXI - DURATION AND PLEDGE 31.1 This AGREEMENT shall become effective as of the date of signing, except as specifically provided otherwise in this Agreement and shall remain in effect through the 30th day of April, 1990, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 31.2. 31.2 If either party desires to terminate or modify this AGREEMENT, effective as of the date of expiration, the party wishing to modify or terminate the AGREEMENT shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided, that the AGREEMENT may only be so terminated or modified effective as of the expiration date. 31.3 In consideration of the terms and conditions of employment established by this AGREEMENT and the recognition that the GRIEVANCE PROCEDURE herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the AGREEMENT; 31.3.1 The UNION and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment. - 36 - 1 � ARTICLE RXXI - DURATION AND PLEDGE (CONT'D) 31.3.2 The EMPLOYER will not engage in, instigate, or condone any lockout of employees. 31.3.3 This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is sub�ect to the approval of the Administration of the City, and is also sub�ect to ratification by the UNION. AGREED to this lOth day of SEPTEMBER, 1987 and attested to as the full and complete understanding of the parties for the period of time herein speci- fied by the signature of the following representative for the EMPLOYER and the UNION: WITNESSES: CITY OF SAINT PAUL UNITED ASSOCIATION PLiJMBERS LOCAL 34 � elations Manager Bu ess nager . Per Director - 37 - ,f - _ . , . � �7- is�� Ci i�JNGIL IL"i #_.�y':: WHAT I=; BEINia PRi=iF'C��=:ELi�.� Tl-�is r�s��luti��n is t�or thL a��E�r•�!v�.l ��f a. tf�rec ycar cc�ntr��ct h�tw��n th� i=ity 3nd tl-�� F'lumt��rs L�acal �'4 t�ar �mpt�ryy��s ir� tt�� Wat�r MetLr Ft��+a.irer w�_�r�::in�a cias_. �.UMMAf;Y: This titlt t�as t�cen r�a��?vc:�j from th� Fl��rt,aers Esarqair�in� �Jnit, t�ut will t,� re�res�nt��J t�y Fl��mt��r� L�!cat :14. 7ht numt��r� ��f h�alth F��i�ns is bLina �i�cr��asc-�j fr,:�m stven t�� threco Tt�e r��lluwir�g art the t�ealth ins>>rar�c� c�pGe �7C�,�is? �er• mr.�nth f��r� emF�l�ay« c�,v�r�a!�e, �1�s?.C��:� p�r m�,nth for f3mi1� cF7v�r�a�at:. Vaca.ti��n t�as t�E�n incr��as�� t�y thrce �jays. Th�� 1';JY7 7.C�Cf��35i' in w3��s is �0.4!, F�er t��ur, thE s��n�� ar�d thir�j year ir�creas�s arc �U.�� per� t��r e E��,fDt;ET TMPA�_T: First y�3r �1'�,4:_c� '=�c�c��r�d Yi.31' 1:;,��:'c_� T'hir�� '�fear• —1'��::�) Ti�1TAL �:�°?,4T? J�} -------------------------------- AG�NDA ITEMS -------------------------------- --------------------------- -------------------------------- � �7-l5�i ID#: [302 ] DATE REC: [09/30/87] AGENDA DATE: [00/00/00] ITEM #: [ ] ls+� SUBJECT: [BARGAINING AGREEMENT - PLUMBERS LOCAL 34 - WATER METER REPAIRERS ] STAFF ASSI!GNED: [,�"'�2� -/'o ' % `, � —( J SIG:[1_e;`�� ;"�" ] OUT-[ ] TO CLERK [00/00/00] ORIGINATOR,:[PERSONNEL/LABOR RELATIONS ] CUNTACT:[LOMBARDI ] ACTION:[ � C � C.F.� [ ] ORD.# [ ] FILE COMPLETE="X" [ ) � : +� � � � � � �e � � � FILE INFO: [RESOLUTION/EXPLANATION SHEET/LABOR AGREEMENT ] [ � [ �