87-1755 WHITE - C�TV C ERK
PINK - FINAN E COUI�CII ^s
CANARV - OEPARTMENT GITY OF SAI. T PALTL File NO. � " � / S
BLUE - MAVOR ..
-� cil e olutio �
Presented By �
Refe red o Committee: Date
Out f Committee By Date
SOLVED, that the Council of the City o Saint Paul hereby approves and
ratif es the attached Agreement between the City of Saint Paul and the
Sheet Metal Workers Local 10.
COU CILMEN �g�p of:
Yeas Nays
Rett an
[n Favor P��SONNEL 0 FICE
s�n bei � ��
so� e� __ Against "
���
��1+ � � �S7 Form A ove by ity Attorney
Adopted by ouncil: Date �
Certified Y• - Council Se e ry BY �
BS•
Approve Mavor: Date '�j 1�►7 Appro ed by Mayor for Sub si �I�o Council
By _ —
pt1�.i��l u�� � � �987
g�� �1�T°��08185
P��ts L DE PARTMENT • _� .
.TA1� LOMBARDI � CONTACT �
� , _
298- 221 PHONE
No� oATE �e� �e
,
ASSI NUhB FOR RO.UTING ORDER Cli All Locations or Si nature : .
Depart t- a`irector 3 O�rector of Management/Mayor
Finance nd Management Services Directo � � � City Clerk
udget 'rector �
�\`�` - ---- -
City At, rney �
'�WHAT WILL B ACNIEYED BY TAKING ACTION ON THE ATTAC D MATERIALS? (Purpose/
Rationale) :
THIS RESOLU ON APPROVES A TWO YEAR CONTRAGT BETWEE THE CITY AND SH�ET METAL WORKERS LOCAL 10.
THE CONTRAC PERIOD IS MAY, .1987 THROUGH APRIL, 198 AND INCLUDES $ .50 PER' HOUR TOTAL PACKAGE
EACH YEAR. HERE IS ALSO SOME LANGUAGE WHICH ALLOW MINOR HOLIDAYS TO BE WORi�D FOR STR-AIGHT
TIME.
THE $ .50 P HOUR TOTAL PACKAGE IS BASED ON THE OU SIDE UNION SETTLEMENT.
COST BENEFI BUDGETARY AND PERSONNEL IMPACTS ANTICI ATED: �
FINANCIAL I ACT ' RE�;�fle��
' M[1Y., 1987 THROUGH DECEMBER, 1987: $2,080 � ' . .
J��NI�A�iY, 1988 THROUGH DECEMBER, 1 88: $3, �zo NOV 1 U 1987 �
JA�TIJARY, 1989 THROUGH APRIL, 1989: $1,0 40
. . � N1AYO�S OFF1�,� .
OTAL: $6,240
FINANCING S RCE AND BUDGET ACTIVITY NU{�ER CHARGED R CREDITED: (Mayor's signa-
� ture not re-
Total Am nt�of "Transaction: quired if under
" �10,000) -
Funding rce:
Activity umber:
ATTACHMENTS List and Number All Attachments :
1 — COUN�L ESOLUTTON C"E� y��
t - cv�Y�ci� eLERx . N0V 9 1987
. � C�� 1��������
DEPARTMENT VIEW CITY ATTORNEY REVIEW
Yes N Council Resolution Required? ' Resolution Required? Yes No
Yes N Insurance Required? Insurance Sufficient? Yes No
Yes N Insurance Attached:
� :
(SEE •REVERSE SIDE FOR INST CtIONS)
Revised 12/ ,
� - �,,� ��s.
t _
MAY 1, 1987 - AP IL 30, 1989
MAINTENANCE LAB R AGREEMENT
- betwe n -
THE CITY OF S INT PAUL
- an -
SHEET MET WORKERS
INTERNATIONAL ASSOCIATION
LOCAL 10
� INDEX
AR ICLE TITLE PAGE
Preamble iii
I Purpose 1
II Recognition 2
II Employer Rights 3
IV Union Rights 4
V Scope of Agreement 5
VI Probationary Periods 6
VI Philosophy of Employment an Compensation 7
VI I Hours of Work g
IX Overtime 9
X Call Back 10
RI Work Location - Residency 11
XI Wages 12
XI I Fringe Benefits 14
%I Selection of Foreman and Ge eral Foreman 15
XV Severance Pay 16
XV Holidays lg
XV I Disciplinary Procedures 19
XV II Absences From Work 2p
XI Seniority 21
XX Jurisdiction 22
XX Separation 23
XX I Tools 24
XX II Grievance Procedure 25
XX Right of Subcontract 29
Non-Discrimination 30
Severability 31
I Waiver 32
II City Mileage Plan 33
XXI Duration and Pledge 34
Appendix A A1
Appendix B B1
Appendix C C1
Appendix D D1
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�
P R E A M B L E
This AGREEMENT is entered into b tween the City of Saint Paul,
her inafter referred to as the EMPLOYER an the Sheet Metal Workers
Int rnational Association Local 10 hereina ter referred to as the UNION.
The EMPLOYER and the UNION concu that this AGREEMENT has as its
obj ctive the promotion of the responsibil ties of the City of Saint Paul
for the benefit of the general public thro h effective labor-management
coo eration.
The EMPLOYER and the UNION both r alize that this goal depends not
onl on the words in the AGREEMENT but rath r primarily on attitudes between
peo le at all levels of responsibility. Co structive attitudes of the CITY,
the UNION, and the individual employees wil best serve the needs of the
gen ral public.
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/
♦
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 II�LOYER and the UNION;
1.13 Establish procedures to orderly and peacefully resolve
disputes as to the application or interpretation 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 -
AR ICLE II - RECOGNITION
2. The EMPLOYER recognizes the UNION as the exclusive representative
for collective bargaining purposes f all personnel having an
employment status of regular, probati nary, provisional, temporary,
and emergency employed in the classes of positions defined in 2.2
as certified by the Bureau of Mediati n Services in accordance
with Case No. 73-PR-513-A dated May 1 , 1973.
2. The classes of positions recognized a being exclusively represented
by the UNION are as listed in Appendi A.
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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 or condition of employment" not established by this
AGREEMENT shall remain with the EMPLOYER to eliminate, modify, or
establish following written notification to the UNION.
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t
AR ICLE IV - UNION RIGHTS
4. The EMPLOYER shall deduct from the wa es of employees who suthorize
such a deduction in writing an amount necessary to cover monthly
UNION dues. Such monies deducted sha 1 be remitted as directed by
the UNION.
4.11 The II�LOYER shall not deduct ues from the wages
of employees covered by this A REEMENT for any other
labor organization.
4.12 The UNION shall indemnify and ave harmless the
EMPLOYER from any and all clai s or charges made
against the EMPLOYER as a resu t of the implementation
of this ARTICLE.
4.2 The UNION may designate one (1) emplo ee from the bargaining unit to
act as a Steward and shall inform the EMPLOYER in writing of such
designation. Such employee shall hav the rights and responsibilities
as designated in Article 23 (GRIEVANC P�tOCEDURE) .
4.3 Upon notification to a designated EMPL YER supervisor, the Business
Manager of the UNION, or his designate representative shall be
permitted to enter the facilities of t e EMPLOYER where employees
covered by this AGREEMENT are working.
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ARTICLE 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.
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� �P � - i �s3"
AR ICLE VI - PROBATIONARY PERIODS
6. All personnel, originally hired or re ired following separation, in
a regular employment status shall se e a six (6) months' probationary
period during which time the employee s fitness and ability to perform
the class of positions' duties and re ponsibilities shall be evaluated.
6.11 At any time during the probat onary period an
employee may be terminated at the discretion of the
EMPLOYER without appeal to th provisions of Article 23
(GRIEVANCE PROCEDURE) .
6.12 An employee terminated during the probationary period
shall receive a written notic of the reason(s) for
such termination, a copy of which all be sent to the
UNION.
6.2 All personnel promoted to a higher cla s of positions shall serve a
six (6) months' promotional probationa y period during which time
the emjployee's fitness and ability to erform the class of positions'
duties and responsibilities shall be e aluated.
6.21 At any time during the promotio al probationary period
an employee may be demoted to t e employee's previously
held class of positions at the iscretion of the EMPLOYER
without appeal to the provision of Article 23 (GRIEVANCE
PROCEDURE).
6.22 An employee demoted during the romotional probationary period
shall be returned to the employ e's previously held class of
positions and shall receive a w itten notice of the reasons for
demotion, a copy of which shall be sent to the UNION.
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ARTICLE VII - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The EMPLOYER and the UNION are in full agreement that the philosophy
of employment and compensation shall be a "cash" hourly wage and
"industry" fringe benefit system.
7.2 The EMPLOYER shall compensate employees for all hours worked
at the basic hourly wage rate and hourly fringe benefit rate as
found in Articles 12 (WAGES) and 13 (FRINGE BENEFITS) .
7.3 No other compensation or fringe benefit shall be accumulated
or earned by an employee except as specifically provided for
in this AGREEMENT; except those employees who have individually
optioned to be "grandfathered" as provided by 12.2.
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�
AR CLE VIII - HOURS OF WORK
8. The normal work day shall be eight (8) consecutive hours per day,
excluding a thirty (30) minute unpaid lunch period, between 7:00
a.m. and 5:30 p.m.
8.2 The normal work week shall be five (5) consecutive normal work
days Monday through Friday.
8.3 If, during the term of this AGREEMENT, it is necessary in the
EMPLOYER'S judgment to establish seco and third shifts or a
work week of other than Monday through Friday, the UNION agrees
to enter into negotiations immediately to establish the conditions
of such shifts and/or work weeks.
8.4 This section shall not be construed as, and is not a guarantee of,
any hours of work per normal work day r per normal work week.
8.5 All employees shall be at the location designated by their supervisor,
ready for work, at the established sta ting time and shall remain
at an assigned work location until the end of the established work
day unless otherwise directed by their supervisor.
8.6 All employees are subject to call-back by the EMPLOYER as provided
by Article 10 (CALL-BACK) .
8.7 Employees reporting for work at the es ablished starting time and
for whom no work is available shall re eive pay for two (2) hours,
at the basic hourly rate, unless notif cation has been given not
to report for work prior to leaving ho e, or during the previous
work day.
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ARTICLE IX - OVERTIME
9.1 All overtime compensated for by the EMPLOYER must receive prior
authorization from a designated EMPLOYER supervisor. No overtime
work claim will be honored for payment or credit unless approved in
advance. An overtime claim will not be honored, even though shown
on the time card, unless the required advance approval has been
obtained.
9.2 The overtime rate of one and one-half (1}) the basic hourly rate
shall be paid for work performed under the following circumstances:
9.21 Time worked in excess of eight (8) hours in any one
normal work day and
9.22 Time worked on a sixth (6th) day following a normal
work week.
9.3 The overtime rate of two (2) times the basic hourly rate shall be
paid for work performed under the following circumstances:
9.31 Time worked on a holiday as defined in Article 16
(HOLIDAYS) ;
9.32 Time worked on a seventh (7th) day following a
normal work week; and
9.33 Time worked in excess of twelve (12) consecutive hours
in a twenty-four (24) hour period, provided, that all
"emergency" work required by "Acts of God" shall be
compensated at the rate of one and one-half (1}) .
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 ARTICLE shall be paid in cash or
in compensatory time as determined by the Employer.
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AR ICLE X - CALL BACK
10 1 The EMPLOYER retains the right to cal back employees before an
employee has started a normal work da or normal work week and
after an employee has completed a no 1 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-bac shall be compensated in
accordance with Article 9 (OVERTIME) , when applicable, and sub�ect
to the minimum established by 10.2 ab ve.
10. Employees called back four (4) hours r less prior to their normal
work day shall complete the normal wo k day and be compensated
only for the overtime hours worked in accordance with Article 9
(OVERTIME) .
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ARTICLE XI - WORK LOCATION, RESIDENCY
11.1 Employees shall report to work location as assigned by a designated
II�LOYER 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.
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AR ICLE XII - WAGES
12 1 The basic hourly wage rates as establ shed by Appendix C shall be
paid for all hours worked by an emplo ee.
12 2 Employees who are covered by the frin e benefits listed below shall
continue to be covered by such benefi s. They shall be subject to
all other provisions of the AGREEMENT but shall not have hourly
fringe benefit contributions and/or d ductions made on their behalf
as provided for by Article 13 (FRINGE BENEFITS) .
12.21 Insurance benefits as establi hed by City of Saint Paul
Resolutions including life, h spital and health insurance
for early retirees who have r tired since February 1, 1975.
In order to be eligible for t e health benefits under the
early retiree provision, the mployee must:
12.21.1 Be receiving benefit from a public employee
retirement act at th time of retirement.
12.21.2 Have severed his rel tionship with the City of
Saint Paul under one of the early retiree plans.
12.21.3 Inform the Personnel Office of the City of
Saint Paul in writin within 60 days of employee's
early retirement dat that he or she wishes to be
eligible for early r tiree insurance benefits.
12.22 Sick Leave as established by esolution No. 3250, Section 20.
12.23 Vacation as established by Res lution No. 6446, Section I,
Subdivision H, however, employ es in this bargaining unit,
covered by this vacation provi ion, shall be granted vacation
at the rate of 160 hours in ea h calendar year.
12.24 Ten (10) legal holidays as est blished by Resolution No. 6446,
Section I, Subdivision I.
12.25 Severance benefits as establis ed by Ordinance No. 11490 with
a maximum payment of $4,000 or as established by Article XV in
this Agreement.
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ARTICLE XII - WAGES - (continued)
12.3 Regular employees not covered by the fringe benefits listed in Article
12.2 shall be considered, for the purposes of this AGREEMENT, participating
employees and shall be compensated in accordance with Article 12.1 (WAGES)
and have fringe benefit contributions and/or deductions made on their behalf
as provided for by Article 13 (FRINGE BENEFITS) .
12.4 Provisional, temporary, and emergency employees shall be considered, for
the purposes of this AGREEMENT, participating employees and shall be com-
pensated in accordance with Article 12.1 (WAGES) and have fringe benefit
contributions and/or deductions made in their behalf as provided for by
Article 13 (FRINGE BENEFITS) .
12.5 All regular employees employed after February 15, 1974, shall be considered,
for the purpose of this AGREEMENT, participating employees and shall be
compensated in accordance with Article 12.1 (WAGES) and have fringe benefit
contributions and/or deductions made on their behalf as provided for by
Article 13 (FRINGE BENEFITS) .
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AR ICLE %III - FRINGE BENEFITS
13 1 The EMPLOYER shall make contributions on behalf of and/or
make deductions from the wages of emp oyees covered by this
AGREEMENT in accordance with Appendix D for all hours worked.
13.2 Effective May 1, 1986 provisional, pr bationary and regular
participating employees shall be elig ble for a paid holiday for
Labor Day, the first Monday in Septem er in accordance with the
St. Paul Salary Plan and Rates of Com ensation.
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ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN
14.1 The selection of personnel for the class of position Sheet
Metal Foreman shall remain solely with the EMPLOYER.
14.2 The class of position Sheet Metal Foreman shall be filled
by employees of the bargaining unit on a "temporary assignment".
14.3 All "temporary assignments" shall be made only at the direction
of a designated E1�LOYER supervisor.
14.4 Such "temporary assignments" shall be made only in cases where
the class of positions is vacant for more than one (1) normal
work day.
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AR ICLE XV - SEVERANCE PAY
15.1 The employer shall provide a sev rance pay program as set forth
in this Article.
. 15.2 To be eligible for the severance pay program, an employee must meet
The following requirements:
15.21 The employee must be 58 ye rs of age or older or must be
eligible for pension under the "rule of 90" or the "rule of
85" provisions of the Publ c Employees Retirement Association
(PERA) . The "rule of 90" nd the "rule of 85" criteria shall
also apply to employees co ered by a public pension plan other
than PERA.
15.22 The employee must be volunt rily separated from City Employment
or have been subject to sep ration by layoff or compulsory
retirement. Those employee who are discharged for cause,
misconduct, inefficiency, i competency, or any other disciplinary
reason are not eligible for the City severance pay program.
15.23 The employee must have at 1 ast ten (10) years of consecutive
service under the classifie or unclassified Civil Service at
the time of separation. Fo the purpose of this Article, employ-
ment in either the City or n the Independent School District
No. 625 may be used in meet ng this ten (10) year service re-
quirement.
15.24 The employee must file a wa ver of reemployment with the
Director of Personnel, whic will clearly indicate that by
requesting severance pay, t e employee waives all claims to
reinstatement or reemployme t (of any type) , with the City
or with Independent School istrict No. 625.
15.25 The employee must have accu ulated a minimum of sixty (60)
days of sick leave credits t the time of his separation
from service.
15.3 If an employee requests severance pay and if the employee meets the
eligibility requirements set fort above, he or she will be granted
severance pay in an amount equal o onehalf of the daily rate of
pay for the position held by the mployee on the date of separation
for each day of accrued sick leav subject to a maximum of 200 accrued
sick leave days.
15.4 The maximum amount of money that y employee ma.y obtain through this
severance pay program is $6,500.
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ARTICLE XV SEVERANCE PAY (cont.)
15.5 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 will be made to
the employee's estate or spouse.
15.6 For the purpose of this severance program, a transfer from the
City of Saint Paul employment to Independent School District No. 625
employment is not considered a separation of employment, and such
transferee shall not be eligible for the City severance program.
15.7 The manner of payment of such severance pay shall be made in
accordance with the provisions of City Ordinance No. 11490.
15.8 This severance pay program shall be sub�ect to and governed by the
provisions of City Ordinance No. 11490 except in those cases where
the specific provisions of this article conflict with said ordinance
and in such cases, the provisions of this article shall control.
15.9 The provisions of this article shall be effective as of June 30, 1984.
15.10 Any employee hired prior to February 15, 1974 may, in any event, and
upon meeting the qualifications of this article or City Ordinance
No. 11490, as amended by City Ordinance No. 16303, section 1, section 6,
draw severance pay. However, an election by the employee to draw
severance pay under either this article or the ordinance shall constitute
a bar to receiving severance pay from the other.
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AR ICLE XVI - HOLIDAYS
16 1 The following ten (10) days shall be esignated as holidays:
New Year's Day, January 1
Martin Luther King Day, Thi d Monday in January (effective 1986)
Presidents' Day, Third Mond y in February
Memorial Day, last Monday i May
Independence Day, July 4
Labor Day, first Monday in eptember
Columbus Day, second Monday in October
Veterans' Day, November 11
Thanksgiving Day, fourth Th rsday in November
Christmas Day, December 25
16.2 When New Year`s Day, Independence Day or Christmas Day falls on a Sunday, the
following Monday shall be considered he designated holiday. When any of these
three (3) holidays falls on a Saturda , the preceding Friday shall be
considered the designated holiday.
16. The ten (10) holidays shall be consid red non-work days.
16. If, in the judgment of the ENIPLOYER, p rsonnel are necessary for
operating or emergency reasons, employ es may be scheduled or
"called back" in accordance with Artic e 10 (CALL BACK) .
16. Participating employees as defined in rticles 12.3, 12.4 and 12.5 working
16.6 If an employee other than a Parti ipating Employee entitled to a holiday
listed below shall be paid on a straig t time basis.
Martin Luther King Day Pre idents' Day
Columbus Day Vet rans' Day is
16. Participating employees as defined in rticle 12.3, 12.4 and 12.5 working on
the Holidays listed below shall be pai at the rate of two (Z) times the basic
hourly rate for all hours worked.
New Year's Day Tha ksgiving Day
Memorial Day Chr stmas Day
Independence Day
16.7 Participating employees as defined in rticles 12.3, 12.4 and 12.5 working on
Labor Day shall be recompensed for wor done on this day by being granted
compensatory time on a time and one-ha f basis or by being paid on a time and
one-half basis for such hours worked, i addition to his regular holiday pay.
16.8 If an employee other than a Participati g Employee entitled to a holiday is
required to work on Martin Luther King ay (effective 1986) , President's Day,
Christopher Columbus Day, or Veterans' ay, he shall be granted another day off
with pay in lieu thereof as soon therea ter as the convenience of the
department permits, or he shall be paid on a straight time basis for such hours
worked, in addition to his regular holi ay pay. If an employee other than a
participating employee entitled to a ho iday is required to work on New Year's
Day, Memorial Day, Independence Day, La or Day, Thanksgiving Day or Christmas
Day, he shall be recompensed for work d ne on this day by being granted
compensatory time on a time and one-haI basis or by being paid on a time and
one-half basis for such hours worked, i addition to his regular holiday pay.
Eligibility for Holiday pay shall be de ermined in accordance with Section I,
Subsection I of the St. Paul Salary Pla and Rates of Compensation.
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ARTICLE XVII - DISCIPLINARY PROCEDURES
17.1 The II�LOYER shall have the right to impose disciplinary actions on
employees for just cause.
17.2 Disciplinary actions by the Ei�'LOYER shall include only the
following actions:
17.21 Oral reprimand
17.22 Written reprimand
17.23 Suspension
17.24 Demotion
17.25 Discharge
I7.3 Employees who are suspended, demoted, or discharged shall have the
right to request that such actions be reviewed by the Civil Service
Coummission 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) .
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�'7 - ����
AR ICLE XVIII - ABSENCES FROM WORK
18.1 Employees who are unable to report fo their normal work day have
the responsibility to notify their su ervisor of such absence as
soon as possible, but in no event lat r than the beginning of such
work day.
18.2 Failure to make such notification may be grounds for discipline
as provided in Article 17 (DISCIPLIN Y PROCEDURES) .
18. Failure to report for work without no ification for three (3)
consecutive normal work days may be c nsidered a "quit" by the
EMPLOYER on the part of the employee.
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ARTICLE XIX - SENIORITY
19.1 Seniority, for the purposes of this AGREEMENT, shall be defined as
follows:
19.11 "Master Seniority" - the length of continuous regular
and probationary service with the EMPLOYER from the
last date of employment in any and all class titles
covered by this AGREEMENT.
19.12 "Class Seniority" - the length of continuous regular
and probationary service with the EMPLOYER from the
date an employee was first appointed to a class title
covered by this AGREEMENT.
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 in3ury; 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." Employees
laid off shall have the right to reinstatement in any lower-paid class
title, provided, employee has greater "Master Seniority" than the employee
being replaced.
19.5 The selection of vacation periods shall be made by class title based on
length of "Class Seniority", subject to the approval of the EMPLOYER.
- 21 -
AR ICLE XX - JURISDICTION
20.1 Disputes concerning work jurisdiction between and among unions is
recognized as an appropriate subject or determination by the various
unions representing employees of the MPLOYER.
20. The EMPLOYER agrees to be guided in t e assignment of work �urisdiction
by any mutual agreements between the ions involved.
20. In the event of a dispute concerning t e performance or assignment of
work, the unions involved and the EMPL YER shall meet as soon as mutually
possible to resolve the dispute. Noth ng in the foregoing shall restrict
the right of the E1�LOYER to accomplis the work as originally assigned
pending resolution of the dispute or t restrict the EMPLOYER`S basic
right to assign work.
20. Any employee refusing to perform work ssigned by the EMPLOYER and as
clarified by Sections 20.2 and 20.3 ab ve shall be sub�ect to disciplinary
action as provided in Article 17 (DISC PLINARY PROCEDURES) .
20.5 There shall be no work stoppage, slow own, or any disruption of work
resulting from a work assignment.
- 22 -
ARTICLE XXI - SEPARATION
21.1 Employees having a probationary or regular employment ,status shall
be considered separated from employment based on the following
actions:
21.11 Resignation. Employees resigning from employment
shall give written notice fourteen (14) calendar
days prior to the effective date of the resignation.
21.12 Retirement. As provided in Article 15.
21.13 Discharge. As provided in Article 17.
21.14 Failure to Report for Duty. As provided in Article 18.
21.2 Employees having an emergency, temporary, or provisional employment
status may be terminated at the discretion of the EMPLOYER before the
completion of a normal work day.
- 23 -
AR ICLE XXII - TOOLS
22 1 All employees shall personally provid themselves with the tools
of the trade as listed in Appendix B.
- 24 -
ARTICLE XXIII - GRIEVANCE PROCEDURE
23.1 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.
23.2 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 pro-
cessed 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 ENlPLOYER.
23.3 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.
23.4 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
- 25 -
AR ICLE RRIII - GRIEVANCE PROCEDURE (cont ued)
to the employee`s satisfacti n by the informal discussion
it may be reduced to writirtg and referred to Step 2 by
the UNION. The written grie ance shall set forth the
nature of the grievance, the facts on which it is based,
the alleged section(s) of th AGREEMENT violated, and the
relief requested. Any alleg d violation of the AGREEMENT
not reduced to writing by th UNION within seven (7)
calendar days of the first oc urrence of the event giving
rise to the grievance or with n the use of reasonable
diligence should have had kno ledge of the first occurrence
of the event giving rise to t e grievance, shall be considered
waived.
Step 2. Within seven (7) calendar day after receiving the written
grievance a designated EMPLOYE supervisor shall meet with
the UNION Steward and attempt o resolve the grievance. If,
as a result of this meeting, t e grievance remains unresolved,
the EMPLOYER shall reply in wr ting to the UNION within three (3)
calendar days following this m eting. The UNION may refer the
grievance in writing to Step 3 within seven (7) calendar days
following receipt of the ENIPLO ER'S written answer. Any grievance
not referred in writing by the NION within seven (7) calendar
days following receipt of the E LOYER'S answer shall be
considered waived.
- 26 -
��
ARTICLE XXIII - GRIEVANCE PROCEDURE (continued)
Step 3. Within seven (7) calendar 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 EMPLOYER'S answer concerning the grievance.
If, as a result of the written response the grievance remains
unresolved, the UNION may refer the grievance to Step 4. Any
grievance not referred 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 EMPLOYER, request arbitration of the grievance.
The arbitration proceedings sh�ll 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 E1�LOYER
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.
- 27 -
AR ICLE XXIII - GRIEVANCE PROCEDURE (conti ued)
23 5 The arbitrator shall have no right to amend, modify, nullify, ignore,
add to, or subtract from the provisio s of this AGREEMENT. The arbitrator
shall consider and decide only the sp cific issue submitted in writing by
the EMPLOYER and the UNION and shall ave no authority to make a decision
on any other issue not so submitted. The arbitrator shall be without
power to make decisions contrary to o inconsistent with or modifying or
varying in any way the application of laws, rules, or regulations having
the force and effect of law. The arb trator's decision shall be submitted
in writing within thirty (30) days fo lowing close of the hearing or the
submission of briefs by the parties, hichever be later, unless the parties
agree to an extension. The decision hall be based solely on the arbitrator's
interpretation or application of the xpress 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.
23. The fees and expenses for the arbitra or's services and proceedings
shall be borne equally by the EMPLOYE and the UNION, provided that
each party shall be responsible for c pensating its own representative
and witnesses. If either party desires a verbatim record of the
proceedings, it may cause such a reco to be made providing it pays
for the record.
23. The time limits in each step of this p ocedure may be extended by
mutual agreement of the EMPLOYER and t e UNION.
- 28 -
ARTICLE XXIV - RIGHT OF SUBCONTRACT
24.1 The ENIPLOYER 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.
24.2 The sub-contracting of work done by the employees covered
by this AGREEMENT shall in all cases be ma.de only to employers
who qualify in accordance with Ordinance No. 14013.
- 29 -
AR ICLE XXV - NON-DISCRIMINATION
25 1 The terms and conditions of this AGRE NT will be applied to
employees equally without regard to, r discrimination for or
against, any individual because of ra e, color, creed, sex,
age, or because of inembership or non embership in the UNION.
25 2 Employees will perform their duties a d responsibilities in
a non-discriminatory manner as such d ties and responsibilities
involve other employees and the gener 1 public.
- 30 -
ARTICLE XRVI - SEVERABILITY
26.1 In the event that any provision(s) of this AGREEMENT is declared
to be contrary to law by proper legislative, administrative, or
judicial suthority 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.
26.2 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.
- 31 -
�� - /�.��,•-
, AR ICLE XXVII - WAIVER
27 1 The EMPLOYER and the UNION acknowledg that during the meeting
and negotiating which resulted in thi AGREEMENT, each had the
right and opportunity to make proposa s with respect to any
subject concerning the terms and cond tions of employment. The
agreements and understandings reached by the parties after the
exercise of this right are fully and ompletely set forth in
this AGREEMENT.
27. Therefore, the EMPLOYER and the UNION for the duration of this
AGREEMENT agree that the other party s all not be obligated to
meet and negotiate over any term or co ditions of employment
whether specifically covered or not sp cifically covered by this
AGREEMENT. The UNION and EMPLOYER may however, mutually agree
to modify any provision of this AGRE NT.
27. Any and all prior ordinances, agreemen s, resolutions, practices,
policies, and rules or regulations reg rding the terms and
conditions of employment, to the exten they are inconsistent
with this AGREEMENT, are hereby supers ded.
- 32 -
.
ARTICLE XXVIII - CITY MILEAGE
28.1 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.
28.2 Method of Computation: To be eligible for such reimbursement, all
officers and employees must receive written authorization from the
Department Head.
Type 1. 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 reim-
bursed at the rate of 15C per mile driven and shall not be eligible
for any per diem.
TyPe 2. If an employee is required to use his/her own automobile
REGULARLY during employment, the employee shall be reimbursed at the
rate of �3.00 per day for each day of work. In addition, the employee
shall be reimbursed 15C per mile for each mile actually driven.
If such employee is required to drive an automobile during employment
and the department head or designated representative determines that
an employer vehicle is available for the employee's use but the employee
desires to use his/her own automobile, then the employee shall be reim-
bursed at the rate of 15C per mile driven and shall not be eligible for
any per diem.
28.3 The City will provide parking at the Civic Center Parking Ramp for City
employees on either of the above mentioned types of reimbursement plans
who are required to have their personal car available for City business.
Such parking will be provided only for the days the employee is required
to have his or her own personal car available.
28.4 Rules and Regulations: The Mayor shall adopt rules and regulations
governing the procedures for automobile reimbursement, which regulations
and rules shall contain the requirement that recipients shall file daily
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 automobile 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.
- 33 -
.
AR ICLE XXIX - DURATION AND PLEDGE
29 1 This AGREEMENT shall become effective as of the date of signing,
except as specifically provided othe ise in Articles 12 and 13,
and shall remain in effect through th 30th day of April, 1989,
and continue in effect from year to y ar thereafter unless notice
to change or to terminate is given in the manner provided in 29.2.
29.2 If either party desires to terminate r modify this AGREEMENT,
effective as of the date of expiratio , the party wishing to
modify or terminate the AGREEMENT sha 1 give written notice to
the other party, not more than ninety (90) or less than sixty (60)
calendar days prior to the expiration ate, provided, that the
AGREEMENT may only be so terminated or modified effective as of
the expiration date.
29. In consideration of the terms and cond tions of employment estab-
lished by this AGREEMENT and the recog ttion that the GRIEVANCE
PROCEDURE herein established is the me ns by which grievances con-
cerning its application or interpretat on may be peacefully resolved,
the parties hereby pledge that during he term of the AGREEMENT:
29.31 The UNION and the employees wi 1 not engage in,
instigate, or condone any conce ted action in
which employees fail to report or duty, wi11-
fully absent themselves from wo k, stop work,
slow down their work, or absent themselves in
whole or part from the full, fa thful perfor-
mance of their duties of emplo ent.
- 34 -
,
ARTICLE XXZX - DURATION AND PLEDGE (continued)
29.32 The EMPLOYER will not engage in, instigate,
or condone any lock-out of employees.
29.33 This constitutes a tentative agreement between
the parties which will be recommended by the
City Negotiator, but is subject to the approval
of the Administration of the City, the City
Council and is also subject to ratification by the
Association.
AGREED to this 22nd day of October, 1987 and attested to as the
full and complete understanding of the parties for the period of time herein
specified by the signature of the following representative for the EMPLOYER
and the ASSOCIATION:
WITNESSES:
. SHEET METAL WORKERS INTERNATIONAL
CIT OF SAINT PAUL ASSOCIATION, LOCAL 10
� �_ �
� .
abor e ns Ma ger us ness Manager
/
nel Director
- 35 -
AP ENDIX A
The classes of positions recognized b the ENIPLOYER as being exclusively
re resented by the UNION are as follows:
Senior Mechanical Inspector Sheet Metal,
Sheet Metal Worker - Forema ,
Sheet Metal Worker,
Apprentice,
Sheet Metal Inspector;
and other classes of positions that may be established by the EMPLOYER
whe e the duties and responsibilities assi ned come within the �urisdiction
of he UNION.
- Al -
i
APPENDIX B
Tool Box
Whitney, Small
Crescent Wrench or set of Open End Wrenches
Center Punches
Hacksaw Frame
Chisels
Small Hand Tongs
6' Folding Rule
Screw Driver
Scratch Awls
Pliers
Snips, Straight-aviation L and R
Hammers (Tinners)
Dolly Bar
Combination Square
Prick Punch
10' Tape
Dividers
- B1 -
.
PENDIX C
The basic hourly wage rate for provi ional, regular and probationary
e loyees appointed to the following clas of positions and not receiving
t Fringe Benefits listed in Article 12. shall be:
Effect ve Effective
A ril 2 , 1987 May 7, 1988
Sheet Metal Worker. . . . . $19. 4* $19.92*
Sheet Metal Worker Foreman. $20.7 * $21.22*
Sheet Metal Inspector . . . $20.7 * $21.22*
Senior Mechanical
Inspector-Sheet Metal. . . $21.6 * $22.09*
Th basic hourly wage rate for temporary a d emergency employees appointed
to the following class of positions shall e:
Effect ve Effective
A ril 25 1987 May 7, 1988
Sheet Metal Worker. . . . . $20.2 * $20.72*
Sheet Metal Worker Foreman. $21.5 * $22.07*
Sheet Metal Inspector . . . $21.57* $22.07*
Senior Mechanical
Inspector-Sheet Metal. . . $22.47 $22.97*
*Th s rate includes the $1.70 taxable Credi Union contributions.
- C1 -
APPENDIX C (continued)
If the Union elects to have the contributions listed in Appendix D
increased or decreased, the Employer may adjust the above applicable rates
for participating employees in such a way that the total cost of the package
(wage rate plus contributions) remains constant.
The total compensation (wages and fringes) received by employees covered by
this Agreement shall be equivalent in money to the total package paid by the
employer to employees in comparable classifications in the Agreement between
Local 10 and the Twin City Division of the Sheet Metal, Air Conditioning and
Roofing Contractors Association.
The total package cost shall exclude any costs of payments made for industry
promotion and/or advertisement or any other purposes not directly and clearly
beneficial to the public employer.
In the event Local 10 and any sheet metal contractor affiliated or not
affiliated with the Twin City Division of the Sheet Metal, Air Conditioning and
Roofing Contractors Association and doing business in the seven county metropolitan
area agree to a total commercial package different from the above total commercial
package and which is less than the above total package, such differences shall be
immediately applicable to the total compensation paid to employees covered by this
Agreement.
- C2 -
. �
ENDIX D
Ef ective May 1, 1987, the EMPLOYER shall:
(1) contribute $1.72 per hour for a 1 hours worked by participating
employees as defined in Article 12.3, 12.4 and 12.5 of this
� AGREEMENT to a Welfare Fund.
(Z) contribute $0.95 per hour for al hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGREEMENT to a Local Pension Fun .
(3) contribute $0.48 per hour for al hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGREEMENT to a National Pension und.
(4) deduct $1.70 per hour for all ho rs worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGREEMENT, and forward to a Vaca ion Fund.
(5) contribute $0.17 per hour for al hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGREEMENT to the Journe man and renticeshi Trainin Funds.
Effective May 1, 1988 this contr'bution shall become $0.18 per
hour.
(6) contribute $0.01 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGREEMENT to the Diabetes-Jackson Fund. This contribution shall
be discontinued April 30, 1988.
The above contributions may be increased or decreased as long as the applicable
hou ly rates in Appendix C for participatin employees are decreased or increased
by he same total amount.
All contributions and deductions made in ac ordance with this Appendix shall
be rwarded to depositories as directed by the UNION.
The LOYER shall establish Workma.n's Comp sation and Unemployment Compen-
sati n programs as required by Minnesota St tutes.
The LOYER'S fringe benefit obligation to articipating employees as defined
in A ticles 12.3, 12.4 and 12.5 is limited t the contributions and/or deductions
esta lished by this AGREEMENT. The actual 1 vel of benefits provided to employees
shal be the responsibility of the Trustees f the various funds to which the
EMPL YER has forwarded contributions and/or eductions.
- D1 -
DEPARTM�NT G� ' � � n N� OS1S�
PL•;�tSO NEL `
� �
�;
JAMES .LOMBARDI CONTACT r���- '�� �V ��� �,��
� �_ ,
� 298-4 21 PHONE "—� '�
NOV M ER DATE ���� Q Q -
ASSIGN NUMBE FOR ROUTING ORDER Cli All Locations or Si nature :
1 Departme t Director 3 Director of Management/Mayor
Finance nd Management Services Director � �c City Clerk
Budget Director
2 City Att rney
WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACH D MATERIALS? (Purpose/
Rationale) :
THIS RESOLUT N APPROVES A TWO YEAR CONTRACT BETWEEN THE CITY AND SHEET METAL WORKERS LOCAL 10.
THE CONTRACT ERIOD IS MAY, 1987 THROUGH APRIL, 1989 AND INCLUDES $ .50 PER HOUR TOTAL PACKAGE
EACH YEAR. ERE IS ALSO SOME LANGUAGE WHICH ALLOWS MINOR HOLIDAYS TO BE WORKED FOR STRAIGHT
TIME.
THE $ .50 PE HOUR TOTAL PACKAGE IS BASED ON THE OUT IDE UNION SETTLEMENT.
COST/BENEFIT BUDGETARY AND PERSONNEL IMPACTS ANTICI TED:
FINANCIAL IMP CT
M[�Y, 1987 THROUGH DECEMBER, 1987: $2,080
J��NUARY, 1988 THROUGH DECEMBER, 19 8: $3, 120
JANUARY, 1989 THROUGH APRIL, 1989: $1 ,040
OTAL: $6,240
FINANCING SO CE AND BUDGET ACTIVITY NUMBER CHARGED �CREDITED: (Mayor's signa-
ture not re-
Total Amou t of "Transaction: quired if under
� $10,000)
Funding So rce:
Activity N mber: •
ATTACHMENTS ist and Number All Attachments :
1 - COUNCIL R SOLUTION
1 - COPY CITY CLERK
DEPARTMENT RE IEW CITY ATTORNEY REVIEW
Yes No Council Resolution Required? � Resolution Required? Yes No
Yes No Insurance Required? Insurance Sufficient? Yes No
Yes No Insurance Attached:
(SEE •REVERSE SIOE FOR INSTR TIONS) '
Revised 12/84
WMITE CITV C ERK
PINK - FINANC CO{�flCll
�.N v - DEP�R MENT GITY OF SAI T PAUL
BlU - M�vOR File NO.
Council Res lution
Presented By �
Refer d To Committee: Date
Out o Committee By Date
SOLVED, that the Council of the City of Saint Paul hereby approves and
ratifi s the attached Agreement between the City of Saint Paul and the
Sheet etal Workers Local 10.
COUNC LMEN equested by Depertment of:
Yeas Drew Nays
Ni�os�a In Favor ERSONNEL OFFICE
Rettm
Scheib I
S,,,,,, Against BY
Tedesc
Wilson
orm Approved by City Attorney
Adopted by Co ncil: Date
Certified }�ass d by Council Secretary BY
gy,
Approved by H vor: Date pproved by Mayor for Submission to Council
By _ BY