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86-45 WHITE - CITY CLERK PINK - FINANCE G I TY OF ' SA-I NT PA U L Council �- CANARV - DEPARTMENT � BLUE - MAVOR F1Ie NO. �� o�n il Resolution Present By Ref�rred To �� N �l� L� Committee: Date �'�� b Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1985-1986 Maintenance Labor Agreement between the Independent School District No. 625 and United Association Plumbers Local 34. COUNCILMEN Requested by Department of: Yeas p�� Nays P ICE �'Z/��'�� [n Favor Nicosia Scheibel sonnen � Against "�� Tedesco � lMii�YD Adopted by Council: Date JAN i b 1986 Form Ap rove by City At rney � Certified Pas e b unc'1 S cre ar BY r By A►pprove Mavor: 'Date � 2 1 1986 Appr v by Mayor for Sub t sio to'�C ncil By PUBIlSHED !�N 2 5 1986 Personnel Office DEPARTMENT � �� p � � N. 338� Jear�+a�e Sobania CONTACT 4221 PHONE December 17, 1985 DATE �Q�� e e ASS N NUMBER FOR ROUTING ORDER Cli All Locations for Si nature : Department Director Director of Management/Mayor Finance and Management Services Director 4 City Clerk � Budget Director City Attorney WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : This resolution approves the 1985-1986 Agreement between the ISD ��625 and the Plumbers Local 34. The changes are listed on the attached sheet. This new Agreement has been � approved by the St. Paul School Board. �� UE� 2� f�85 �,� � � COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED: ��AYQ��S O F F�C� ` '�c�''-- None. Applies to School District. FINANCING SOURCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa- � ture not re- Total Amount of Transaction: quired if under $10,00Q) Funding Source: Activity Number: ATTACHMENTS (List and Number All Attachments) : 1 . Resolution and 2. Copy for City Clerk DEP TME EV EW CITY ATTORNEY REVIEW �� Yes Council Resolution Required? Resolution Required? "� Yes No Yes No nsurance Required? Insurance Sufficient? Yes No Jj/� Yes o Insurance Attached: (SEE REUERSE SIDE FOR INSTRUCTIONS) Revised 12/84 HOW TO USE THE GREEN SHEET _ � � , The GREEN SHEET has several PURPOSES: - 1. to assist in routing documents and in securing required signatures 2. to brief the reviewers of documents on the impacts of approval 3. to help ensure that necessary supporting materials are prepared, and, if required, attached. Providing complete information under the listed headings enables reviewers to make decisions on the documents and eliminates follow-up contacts that may delay execution. The COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS heading provides space to explain the cost/benefit aspects of the decision. Costs and benefits related both to City budget (General Fund and�or Special Funds) and to broader financial impacts (cost to users, homeowners or other groups affected by the action) . The personnel impact is a description of change or shift of Full-Time Equivalent (FTE) positions. If a CONTRACT amount is less than $10,000, the Mayor's signature is not required, if the department director signs. A contract must alwa s be first si ned b the outside agency before routing through City offices. Below is the preferred ROUTING for the five most frequent types of documents: CONTRACTS (assumes authorized budget exists) 1. Outside Agency 4. Mayor 2. Initiat�ng Department 5. Finance Director 3. City Attorney 6. Finance Accounting ADMINISTRATIVE ORDER (Budget Revision) ADMINISTRATIVE ORDERS (all others) l. Activity Manager l. Initiating Department 2. Department Accountant 2. City Attorney 3. Department Director 3. Director of Management/Mayor 4. Budget Director 4. City Clerk 5. City Clerk 6. Chief Accountant, F&MS COUNCIL RESOLUTION (Amend. Bdgts./Accept. Grants) COUNCIL RESOLUTION (all others) 1. Department Director 1. Initiating Department 2. Budget Director 2. City Attorney 3. City Attorney 3. Director of Management/Mayor 4. Director of Management/Mayor 4. City Clerk 5. Chair, Finance, Mngmt. & Personnel Com. 5. City Council 6. City Clerk 7. City Council 8. Chief Accountant, F&MS , SUPPORTING MATERIALS. In the ATTACHMENTS section, identify all attachments. I� the � Green Sheet is well done, no letter of transmittal need be included (unless signing such a letter is one of the requested actions) . Note: If an agreement requires evidence of insurance/co-insurance, a Certificate of Insurance should be one of the attachments at time of routing. Note: Actions which require City Council Resolutions include: 1. Contractual relationship with another governmental unit. 2. Collective bargaining contracts. 3. Purchase, sale or lease of land. 4. Issuance of bonds by City. 5. Eminent domain. 6. Assumption of liability by City, or granting by City of indemnification. 7. Agreements with State or Federal Government under which they are providing funding. 8. Budget amendments. * � 4 � � ��-.�l �{��- Independent School District ��625 - Plumbers Local ��34 1 . Changes are as follows: . - Effective in 1985, participating (in Union benefits package) employees will be eligible for a paid holiday for Labor Day. Effective in 1986, the new Agreement now provides for ten holidays with the addition of Martin Luther King Day on the third Monday in January. - Former language providing for double time for holiday work has been deleted and new language substituted providing for participating employees, double time for holidays worked except Labor Day, for which extra compensation for work will be at time and one-half. - For grandfathered (in District benefits package) employees, work on ! the four minor holidays will be recompensed on a straight-time basis; extra compensation for work on the six major holidays will be on a time and one-half basis. - Language is clarified regarding reinstatement of laid-off employees. - This new Agreement is for a two-year period with wage change effective April 27, 1985 and term through April 30, 1987. - The 1985 total package increase is 30¢ per hour plus one paid holiday, in addition to an additional 12¢ package increase January 1 , 1986. The second year package increase is 47¢ per hour effective May 1 , 1986. � C�r��-�s � � ; ,�w CIT� OF SAINT PAUL � �"�� .� OFFICE OF TFIF CITY COIINCZL \F��i� �r��l,�� jye�}�r4, January 9 , 1986 F':i�a�c�r Ma�.a�ment.��Personnel Committee. 1 . Approval of minutes from meeting held January 2 , 1986 . �Pt't�U� 2 . Resolution amending the 1985 budget by transferring $7 , 857 from Contingent Reserve .to Executive Administration-Human R i g h t s D i r e c t o r S e l e c t i o n . (�c�p� �,�-}p �n� 4 w )D �.-��,��.}.�� t 3. Resolution approving the 1986-1987 Memoranda of Agreement aQ��ZX� between the City arid A.FSCME Local 1842 and AFSCME Local 2508 . NOT ON PREPARED AGENDA 4• �� f�90 th�a��5o 66�5i�nance Lab�r At�reement b�,tween . - ?'a� f . . � : __ "" I n dep��t S choc�.�;;��s t r i d �r•i ted �§"so.c i a t i�n P)ur��e�rs `to��¢3��M� � - 5. Resolution consenting to the issuance of a Port Authority Non 876 Tax Exempt Mortgage i,n the amount of $4,200,000 for H. M. Smyth Co. to acquire three new printing presses at their facility at 1085 Snelling Avenue. ��,rp�d 6. Resolution consenting to the issuance of a Port Authority Non 876 Tax Exempt Mortgage in the amount of 5500,000 for lgnatius Company, Inc. , to purchase a paper sheeter to be installed at the H. M. Smyth facility at 1091 Snelling Avenue North. Q�p r� � UNDER SUSPENSION �F RULES 7. Resolution allowing close-out of Shade Tree Controi Fund 375 and Tree M a i n t e n a n ce F u n d 3 89. r� ��-� COU.(�U� ( (�(� fE''.,�C�iY�('r1�,l�"�0��-i�1 CITY HALL SEVENTH FLOOR SAINT PAUL,MINNESOTrI 55102 m��e'as �� iINDEX ARTICLE TITLE PAGE Preamble iii I Purpose 1 II Recognition 1 III Emploqer Rights 1 IV Union Rights 2 V Scope of the Agreement 2 VI Probationarq Periods 3 VII Philosophq of Employment and Compensation 3 � VIII Hours of Work 4 IR Qvertime 5 X Call Back 5 XI Work Location 6 XII Wages � XIII Fringe Benefits 11 XIV Selection of Foreman and General Foreman 11 XV Retirement 11 � XVI Holidays 12 XVII Disciplinary Procedures 14 XVIII Abaences from Work 14 XIX Seniority 15 XX Jurisdiction 16 XXI Separation 16 XRII Tools 16 XXIII Grievance Procedure 17 XRIV Right of Subcontract 19 XXV Non-discrimination 19 XXVI Severability 19 . XRVII Waiver 20 RXVIII Mileage-Independent School District No. 625 20 XRIX Safety 21 • XXX Legal Services 21 XXXI Duration and Pledge 22 Appendix A A1 Appendix B B1 Appendix C C1-2 Appendix D D1 Appendix E E1 . - ii - P R E A M B L E a This AGREEMENT is entered into between Independent School District No. 625, hereinafter referred to as the EMPLOYER, and the United Association Plumbers Local 34, hereinafter referred to as the UNION. The EMPLOYER and the UNION concur that this AGREEMENT has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The II�PLOYER 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 EriPLOYER, the UNION, and the individual employees will best serve the needs of the general public. � . - iii - �- ��-_�s ARTICLE I - PURPOSE i1. 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 AGREIIrIENT serves as a supplement to legislation that creates and directs the II�LOYER. 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) . � ARTICLE II - RECOGNITION 2. 1 The EMPLOYER recognizes the UNION as the exclusive representative for coll.ective bargaining purposes for all personnel having an employment status of regular, probationarq, provisional, temporary, and emergency employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-527-A dated May 11, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. ARTICLE III - ENIPLOYER 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. - 1 - ARTICLE IV - UNION RIGHTS 4. 1 The II�PLOYER shall deduct from the wages of employees who authorize i 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 II�LOYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any other labor organization. 4. 12 The UNION shall indemnify and save harmless the EMPLOYER from any and all claims or charges made against the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 The UNION may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the EI�LOYER in writing of such designation. Such employee shall have the right and responsibilities as designated in Article 23 (GRIEVANCE PROCEDURE). 4.3 Upon notification to a designated ENIPLOYER supervisor, the Business Manager of the UNION or his designated representative shall be permitted to enter the facilities of the II�PLOYER where employees covered by this AGREEMENT are working.• ARTICLE V - SCOPE OF THE AGREEMENT 5. 1 This AGREEMENT establishes the "terms and conditions of employment" � defined by M. S. 179.63, Subdivision 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. � - 2 - / �" �� -�.5 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 ma.y 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 probationarq period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the UNION. � 6.2 All personnel promoted to a higher class of positions shall serve a six (6) months' promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.21 At any time during the promotional probationary period an employee may be demoted to the emploqee's previously-held class of positions at the discretion of the EMPLOYER without appeal to the provisions of Article 23 (GRIEVANCE PROCIDURE) . 6.22 An emploqee demoted during the promotional probationary period . shall be returned to the emploqee'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. ARTICLE VII - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The EMPLOYER and the UNION are in full agreement that the philosophy of employment and compensation shall be a "cash" hourly wage and "industry" fringe benefit system. , 7.2 The II�LOYER shall compensate employees for all hours worked at the basic hourlq 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. � - 3 - ARTICLE VIII - HOURS OF WORK 8.1 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 ENIPLOYER'S judgment to establish second and third shifts or a work week of other than Monday through Friday, the UNION agrees to enter into negotiations immediatelq 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 or per normal work week. - 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.6 All employees are subject to call-back by the II�LOYER as provided by Article LO (CALL BACK) . 8.7 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. � - 4 - �� 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-ha.lf 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 II�LOYER. 9.2 The rate of one and one-half (1'�) the basic hourly rate shall be the overtime rate 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 in excess of 40 hours in a seven (7) day period. . 9.3 For the purpose of calculating overtime compensation, overtime hours worked shall not be "pyramided", compounded or paid twice for the same hours worked. 9.4 Overtime hours worked as provided by this ARTICLE shall be paid in cash or compensatory time as determined by the Employer. ARTICLE X - CALL BACK � 10. 1 The EMPLOYER retains the right to call back employees before an employee has started a normal work day or normal work week and after an emploqee 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 compensated in accordance with Article 9 (OVERTIME) , when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only _ for the overtime hours worked in accordance with Article 9 (OVERTIME) . . � - S - ARTICLE XI - WORK LOCATION 11.1 Emploqees 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. • � - 6 - i �� ARTICLE XII - WAGES � 12. 1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Employees who are covered by the fringe benefits listed below shall continue to be covered by such benefits. They shall be subject to all other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.21 Insurance benefits as established by City of Saint Paul _ Resolutions. 12.22 Sick leave as established by Resolution No. 3250, Section 20. 12.23 Vacatioa as established in Section 1 H of the Salary Plan and Rates of Compensation Resolution (6446) ; however, employees in this bargaining unit, except Water Meter Serviceman, covered by this vacation provision, shall be granted vacation at the rate of 160 hours in each calendar year. Emploqees working in the class of Water Meter Serviceman shall be covered by the vacation schedule as stated in Section 1 H of the Salary Plan and Rates of Compensation (6446). 12.24 Ten (10) legal holidays as established by Resolution No. 6446, Section 1, Subdivision I. � 12.25 Severance benefits as established by the School District's Severance Pay Plan with a maximum payment of $4,000. or as established by Section 12.26 of this Article. 12.26 Severance Pay: Provisions effective May 1, 1984. The Employer shall provide a severance pay program as set forth in this Section: 12.26.1 To be eligible for the severance pay program, an employee must meet the following requirements: 12.26.11 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 85" or the "rule of 90" provisions of the Public Employees Retirement Association (PERA). The "rule of 85" or "rule of 90" criteria shall also apply to employees covered by a public pension plan other than PERA. 12.26.12 The employee must be voluntarily separated from School District employment or have been subject to separation by layoff or compulsory � retirement. Those employees who are dis- charged for cause, misconduct, inefficiency, incompetency or any other disciplinary reason are not eligible for this severance pay program. - 7 - Article XII - Wages (continued) 12.26.13 The employee must have at least ten (10) �' years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this Article, employment in either the City of Saint Paul or in Independent School District No. 625 may be used in meeting this ten- (10) year service requirement. 12.26. 14 The employee must file a waiver of re-employment with the Director of Personnel, which will clearly indicate that by � requesting severance pay, the emploqee waives all claims to reinstatement or re-emplopment (of any type) with the City of Saint Paul or � with Independent School District No. 625. 12.26. 15 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 12.26.2 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-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 of 200 accrued sick leave days. 12.26.3 The maximum amount of money that anq employee maq obtain through this severance pay program is $6,500. 12.26.4 For the purpose of this severance pay program, a death of an employee shall be considered as separation of employment and, if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 12.26.5 For the purpose of this severance pay program, a transfer from Independent School District No. 625 employment to City of Saint Paul employment is not considered a separation of employment, and such transferee shall not be eligible for this severance program. 12.26.6 The manner of payment of such severance pay shall be made in accordance with the provisions of the School District Severance Pay Plan already in existence. � - 8 - � �'G ,y�� Article XII - Wages (continued) � 12.26.7 This severance pay program shall be sub�ect to and governed by the provisions of the original School District Severance Pay Plan (which allows $4,000 maximum payment) except in those cases where the specific provisions of this section conflict with said Severance Pay Plan and in such cases, the provisions. of this section shall control. 12.26.8 Any employee hired prior to April 30, 1984 may, in anq event, and upon meeting the qualifications of this section or the original School District Basic Severance Paq Plan (which allows $4,000 maximum payment) , draw severance pay. However, an election by the emploqee to draw severance pay under either this section or the basic School District Severance Pay Plan shall constitute a bar to receiving severance pay from the other. Any employee hired after April 30, 1984 shall be entitled only to the benefits of this section upon meeting the qualifications herein. 12.26.9 An employee of Independent School District No. 625 shall not be eligible for the severance paq provision of this section if such employee is also eligible and a recipient of Early Retirement � Incentive payment under the Memorandum of Agreement with the exclusive representative dated October 4, 1983. 12.27 The EMPLOYER will for the period of this AGREEMENT provide for employees who are eligible for Employer's Health and Welfare benefits and who have retired since September 1, 1974, and until such employees reach sixty-five (65) years of age such health and life insurance benefits as were provided by the EMPLOYER at the time such employees retired. 12.28 In order to be eligible for the benefits under the provision of 12.27 the emploqee must: 12.28.1 Be receiving benefits from a public employee retiree . act at the time of retirement. • 12.28.2 Have severed his relationship with the City of Saint Paul and Independent School District No. 625 under one of the early retiree plans. 12.28.3 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. � - 9 - 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, temporarq, and emergency employees 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 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) . 12.6 The provision of Article 12.5 shall not apply to employees working under the title of Water Meter Serviceman. � � - 10 - U' �'-�' ARTICLE XIII - FRINGE BENEFITS • 13. 1 The EI�LOYER shall make contributions on behalf of and/or make deductions from the wages of employees covered by this AGREEMENT in accordance with Appendix D for all hours worked. 13.2 Effective � 1, 1985, provisional, probationary, and regular participating employees shall be eligible for a paid holiday for Labor Day, the first Monday in September, in accordance with the Saint Paul Salarq Plan and Rates of Compensation. ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN . 14.1 The selection of personnel for the class of position Plumber Foreman shall remain solely with the EMPLOYER. 14.2 The class of position Plumber Foreman shall be filled by employees of the bargaining unit on a "temporary assignment". 14.3 All "temporarq assignments" shall be made onlq at the direction of a designated EI�9.'LOYER supervisor. 14.4 Such "temporary assignments" shall be ma.de only in cases where the class of positions is vacant for more than one (1) normal work day. � ARTICLE .XV - RETIREMENT 15. 1 All employees shall retire from employment with the EMPLOYER no later than the last calendar day of the month in which an employee becomes seventy (70) years old. � - 11 - ARTICLE XVI - 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 Veterans' Day November 11 Thanksgiving Day Fourth Thursday 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 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 or "called back" in accordance with Article X (CALL BACK). 16.5 - Participating employees as defined in Articles 12.3, 12.4, and 12.5 working on a designated holiday other than Labor Day shall be compensated at the rate of two (2) times the basic hourly rate � for all hours worked. - Participating employees as defined in Articles 12.3, 12.4, and 12.5 working on Labor Day 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 pay. 16.6 - If an employee other than a participating employee entitled to a holiday is required to work on Martin Luther King Day (effective 1986) , Presidents' Day, Christopher Columbus Day or Veterans' Daq, 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 hours worked in addition to his regular pay. . - If an employee other than a participating employee 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 pay. Eligibility for holiday pay shall be determined in accordance with � Section I, Subsection I of the Saint Paul Salary Plan and Rates of Compensation. - 12 - G�_' 8� -5� Article XVI - Holidays (continued) � 16.7 In the case of Board of Education employees, if Martin Luther King Day, Presidents' Day, Columbus Day or Veterans' Day falls on a day when school is in session, the employees shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be a day on which school is not in session and shall be determined by agreement between the employee and his supervisor. � � - 13 - ARTICLE XVII - DISCIPLINARY PROCEDURES 17. 1 The EMPLOYER shall have the right to impose disciplinary actions on � employees for just 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 Coammission 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 PROCIDURE) . ARTICLE XVIII - ABSENCES FROM WORK 18.1 Employees who are unable to report for their normal work day have the � responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 18.2 Failure to make such notification may be grounds for discipline as provided in Article 17 (DISCIPLINARY PROCEDURES) . 18.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a "quit" by the EMPLOYER on the part of the employee. � - 14 - �_ ��_ �� 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 II�PLOYER 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 injurq; is granted to allow an emploqee to accept an appointment to the unclassified service of the II�LOYER 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 EM1'LOYER that it is necessarq to reduce the work force, emploqees will be laid off by class title • within each Department based on inverse length of "Class Senioritq". Employees laid off shall have the right to reinstatement in any lower-paid class title previously held in this bargaining unit, provided employee has greater "Class Seniority" than the employee being displaced. 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 �LOYER. s - 15 - ARTICLE XX - JURISDICTION 20. 1 Disputes concerning work �urisd3ction between and among unions is � recognized as an appropriate subject to determination by the various unions representing employees of the EMPLOYER. 20.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 20.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the EMPLOYER shall meet as soon as meitually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the II�LOYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict • the II�LOYER'S basic right to assign work. 20.4 Any emploqee refusing to perform work assigned by the EMPLOYER and as ' clarified by Sections 20.2 and 20.3 above shall be subject to disciplinary action as provided in Article 17 (DISCIPLINARY PROCEDURES) . 20.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. 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. ARTICLE XXII - TOOLS 22. 1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. � - 16 - . �-- ��-�� ARTICLE XRIII - 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 II�LOYER and the UNION that the processing of grievances as hereinafter provided is limited by the �ob duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is ' processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be � detrimental to the work programs of the EMPLOYER. 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 to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the 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 II�IPLOYER'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. - 17 - Article XXIII - Grievance Procedure (continued) Step 3. Within seven (7) calendar days following receipt of a � grievance referred from Step 2, a designated Emploqer 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 �LOYER'S answer shall be considered waived. • St, ep 4. If the grievance remains unresolved, the UNION may within seven (7) calendar daqs after the response of the II�LOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducte� by an arbitrator to be selected bq 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. 23.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) daqs 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. 23.6 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. • 23.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. - 18 - �� ARTICLE XXIV - RIGHT OF SUBCONTRACT � 24. 1 The II�'LOYER maq, at any time during the duration of this AGREEMENT, contract out work done by the employees covered by this AGREEMENT. In the event that such contracting would result in a reduction of the work force covered by this AGREEMENT, the EMPLOYER shall give the UNION a ninety (90) calendar day notice of the intention to subcontract. 24.2 The subcontracting of work done by the employees covered by this AGREEMENT shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE XRV - NON-DISCRIMINATION 25.1 The terms and conditions of this AGREEMENT will be applied to employees equally without regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of membership or non-membership in the UNION. 25.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. � ARTICLE 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 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. 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. • - 19 - ARTICLE XXVII - WAIVER 27.1 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 subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREEMENT. 27.2 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 condition of employment whether specifically covered or not specifically covered by this AGREEMENT. The UNION and EMPLOYER may, however, mutually agree to modify any provision of this AGREEMENT. 27.3 Any and all prior ordinances, agreements, resolutions, practices, � policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this AGREEMENT, are hereby superseded. ARTICLE XXVIII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625 28.1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, employees � must receive authorization from the District Mileage Co�ittee utilizing one of the following plans: • - PLAN "A" is reimbursed at the rate of 23C per mile. In addition, a maximum amount which can be paid per month is established by an estima.te furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. PLAN "C" provides for reimbursement based on a per month "lump sum amount. This amount is determined by the employee's driving experience under Plan "A" for a period of 3 to 6 months. Those employees receiving an auto allowance under this plan must report monthly the number of days the car was available during the month. A deduction must be made from the lump sum amount for each day the employee is on vacation. A deduction need not be made for an occasional day of illness or for holiday. • - 20 - � �� s ARTICLE XXIX - SAFETY � 29.1 Accident and injury-free operations shall be the goal of the EMPLOYER and EMPLOYEES. To this end, the EMPLOYER and II�PLOYEES 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. 29.2 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 di�ciplinary action. No EMPLOYEE may be discharged for refusing to work under unsafe conditions. • 29.3 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 reasonable wear and tear. The EMPLOYER shall have the right to withhold the cost of such safety equipment if not returned. 29.4 The EMPLOYER agrees to pay $10.00 toward the cost of each pair of safety shoes purchased by an E1�LOYEE who is a member of this unit. The II�IPLOYER shall contribute for the cost of two pair of shoes per year and shall not be responsible for any additional cost for any addiCional 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 E1�LOYER shall apply to those emploqees who must wear protective shoes or boots for their employment. ARTICLE XXX - LEGAL SERVICES 30. 1 Except in the case of malfeasance in office or willful or wanton neglect of duty, the EMPLOYER shall defend, save harmless, and indemnify an employee and/or his estate against anq claim or demand, whether groundless or otherwise, arising out of an alleged act or omission in the operation of a city-owned motor vehicle occurring in the performance and scope of the employee's duties. • - 21 - (�j�-��-�5 ARTICLE XXRI - 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, 1987, 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 AGREII�NT and the recogaition 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: 31.31 The UNION and the employees will not engage in, instigate or condone any concerted action in which employees fail to report for duty, willfullq absent themselves from work, stop work, slow down their work or absent themselves in whole or part from the full, faithful performaace of their duties of employment. � 31.32 The IIKPLOYER will not engage in, instigate or condone any lockout of employees. 31.33 This constitutes a tentative AGREII�iENT between the parties which will be recommended by the School Board Negotiator, but is subject to the approval of the School Board, the Administration of the City, and is also subject to ratif ication by the UNION. AGREID to this � day of `�ec,.s 1985, 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 representatives for the EMPLOYER and the UNION: WITNESSES: INDEPENDENT SCHOOL DISTRICT N0. 625 UNITED ASSOCIATION PLiJMBERS LOCAL 34 ��. �� , Scho 1 ard Nego iator siness Manager � Chairman, Board of Education - 22 - � ��-y� APPENDIX A � The classes of positions recognized by the EMPLOYER as being exclusively represented by the UNION are as follows: Plumber-Foreman Apprentice Plumber Senior Plumbing Inspector Plumbing Inspector . Plumbing Inspector--Water Department Water Meter Serviceman and other classes of positions that may be established by the EMPLOYER where the duties and responsibilities assigned come within the jurisdiction of the UNION. • • - A1 - � ��_�5 APPENDIR C � The basic �ourly wage rate for provisional, regular, and probationary employees appointed to the following classes of positions and not receiving the fringe benefits listed in Article 12.2 shall be. Effective Effective April 27, 1985 April 26, 1986 Plumber. . . . . . . . . . . . . . . . $ 17.69* $ 17.98* Plumber-Foreman. . . . . . . . . . . . 19. 13* 19.42* Plumbing Inspector . . . . . . . . . . 19.13* 19.42* Senior Plumbing Inspector. . . . . . . 20. 10* 20.38* - The basic hourly wage rate for temporarq and emergencq employees appointed to the following classes of positions shall be: Effective Effective April 27, 1985 April 26, 1986 Plumber. . . . . . . . . . . . . . . . $ 18.40* $ 18.70* Plumber-Foreman. . . . . . . . . . . . 19.90* 20.20* Plumbing Inspector . . . . . . . . . . 19.90* 20.20* Senior Plumbing Inspector. . . . . . . 20.90* 21.20* • Apprentice 0 - 6 months. . . . . . . . . . . . . . . . . . SOX of Plumber rate 7 - 12 months. . . . . . . . . . . . . . . . . . SSX of Plumber rate 13 - 18 months. . . . . . . . . . . . . . . . . . 60% of Plumber rate 19 - 24 months. . . . . . . . . . . . . . . . . . 65X of Plumber rate 25 - 30 months. . . . . . . . . . . . . . . . . . 70X of Plumber rate 31 - 36 months. . . . . . . . . . . . . . . . . . 75x of Plumber rate 37 - 42 months. . . . . . . . . . . . . . . . . . 80X of Plumber rate 43 - 48 months. . . . . . . . . . . . . . . . . . 85� of Plumber rate 49 - 54 months. . . . . . . . . . . . . . . . . . 90x of Plumber rate 55 - 60 months. . . . . . . . . . . . . . . . . . 95X of Plumber rate *This rate includes the $1.57 taxable vacation contribution. • - C1 - Appendix C (continued) The basic hourly wage rate for regular employees appointed to the � following classes of positions who are receiving the fringe benefits listed in Article 12.2 shall be: Effective Effective � Effective April 27, 1985 Jan. 4, 1986 April 26, 1986 Plumber . . . . . . . . $ 18.02 $ 18. 12 ** Plumber-Foreman . . . . 19.29 19.38 ** Plumbing Inspector. . . 19.29 19.38 ** Senior Plumbing Inspector 20.13 20.23 ** If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may ad�ust 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 April 26, 1986 hourly rates in this contract shall be the rates as ahown below less the cost of sick leave usage for 1985 and less the cost of holidaq, pension, and vacation for 1986, and less the cost of health and life insurance for the period May, 1985 through April, 1986 incurred by the emploqer for employees in this bargaining unit: Plumber $23.02 • Plumber Foreman 24.52 Plumbing Inspector 24.52 Senior Plumbing Inspector 25.52. 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 34 and 'I�win Cities Piping Industry Association. The total package cost shall exclude any costs of payments made for iadustry promotion and/or advertisement or any other purposes not directly and clearly beneficial to the public employer. In the event Local 34 and any plumbing contractor affiliated or not affiliated with Twin Cities Piping Industry Association and doing business � in the seven-county metropolitan area agree to a total commercial package different from the above total commercial package, such differences shall be immediately applicable to the total compensation paid to emploqees covered by this Agreement. • - C2 - / �c��-� APPENDIX D � Effective May 1, 1985, the EMPLOYER shall: (1) contribute $1.57 per hour from which payroll deductions have been made for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 of this AGREEMENT, to a UNION-designated Credit Union. (2) contribute $1.53 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 Health and Welfare Fund. Effective January 1, 1986, this contribution shall be $1.57 per hour. (3) contribute $2.38 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 Pension Fund. Effective Januarq 1, 1986, this contribution shall be $2.46 per hour. Effective May 1, 1986, this contribution shall be $2.61 per hour. (4) contribute $ . 10 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 Journeyman and Apprenticeship Training Fund. • Effective May 1, 1986, this contribution shall be $ . 11 per hour. (5) contribute $.02 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 of this AGREIIKENT to the General Benefit Fund. Effective May 1, 1986, this contribution shall be $ .03 per hour. All contributions made in accordance with this Appendix shall be forwarded to the T�ain City Pipe Traders Service Association. The EMPLOYER shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota statutes. . The II�IPLOYER'S fringe benefit obligation to participating employees as defined in Articles 12.3, 12.4, and 12.5 is limited to the contributions and/or deductions established by this AGREEMENT. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the EEMPLOYER has forwarded contributions and/or deductions. � - D1 - ��/ y� � (O APPENDIX E � WORKING CONDITIONS FOR SENIOR PLUMBING INSPECTORS AND PLUMBING INSPECTORS As a result of the 1974 settlement, the Parties have established craft-determined rates for Senior Plumbing Inspectors and for Plumbing Inspectors, with the specific understanding that such agreement is restricted to established rates of pay for such classifications. It is, consequently, agreed that the EMPLOYER in applying ARTICLE 3 - ' EMPLOYER RIGHTS - of the MAINTENANCE LABOR AGREEMENT, shall have the right to operate the Department in the same manner as heretofore, with management , rights unaffected, and that the establishment of separate rates for these classifications as well as for Inspector classifications in other Bargaining Units, may not result in disputes over assignments or over rates of pay for work performed, nor will any jurisdictional claims or restrictions be asserted by the UNION because members of various Inspector classifications are assigned to work which is also performed by other Inspector classifications. • • - E1 -