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99-796Council File # � ` � 1� ` �`dNIJ1� Presented b} Referred To 1 2 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 63981 �, Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1999-2002 Employment Agreement between the Independent School District No. 625 and the United 3 Association of Plumbers Loca134. � DEPARTMENT/OFFICE/COUNCIG: DATE INI'CIATED GREEN SHEET No.: 63981 99 l ��L LABOR RELATTONS July 30, 1999 CONTACI' PERSON & PHONE: p i�itT�nunA'f'e milTTAiJDA1'E NLIE KRAUS 266-6488 p�ICN � D�rnx�rn�N"r D�R. a crrr cour�ciL NUMBER Z GTTY A1TORNEY CITY CLERK FOR BUDGEC DIR � FIN. & MG'I. SERVICE DIR. MUST BE ON COUNCIL AGENDA BY (DATE) R�D1 3 MAYOR (OR ASST.) ORDEA TOTAL 8 OF SIGNAT[JRE PAGES_I (CLIP ALL LOCA170NS FOR SIGNATIJRE) � ncczox xEQU�sx�n: This resolution approves the attached 1999-2002 Employment Agreement between the Independent School District No. 625 and the United Association of Plumbers Locai Union No. 34. RECOMMENDAIIONS: Approve (A) or Rejec[ (R) PERSONAL SERVICE CONTRACI'S Mi1ST ANSWER THE FOLLOWING QUESTIONS: PLANNING COMMISSION CIVIL SERVICE COMbIISSION 1. Has this person/firtn ever worked under a contract for this department? CIB COMMITTEE Yes No STP.FF � 2. Has this person/firtn ever been a city employee? DISTRICT COURT Ycs No SUPPORTS WHICH COIJNCIL OBIECTIVEI 3. Does this persoNfimi possess a skili not normaily possessed by any curtent city employeeT Yes No Ezplain all yes answers oo separate sheet and attach to green sheet INI'17ATING PROBLEM, ISSUE, OPPORI'UNS'1'Y (Whq What, When, Where, Why): ADVANTAGES IF APPROVED: This Agreement pertains to Boazd of Education employees only. DISADVANTAGESIFAPPROVED: F ,� •Y �, �,; � ,.., �'�A�J 1J � �1�� DISADVAN'I'AGES IF NOT APPROVED: , . ._ ' .w _. .,.b l. TOTAL AMOUNT OF TRANSACTION: WST/REVENUE BUDGETED: F[7NDING SOURCE: ACTIVITY NUMBER: FINANCiAL INFORMATION: (EXPLAII� INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION p�c� �7 0��:�' SAINT PAUL PUBLIC SCHOOLS DATE: June 22, 1999 TOPIC: Approval of an Employment Agreement With United Association of Plumbers, Local 34, to Establish Terms and Conditions of Employment for 1999-2002 A. PERTINENT FACTS: 1. New Agreement is for the three-year period May 1, 1999 through April 30, 2002. 2. The ianguage provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 3. The District has seven regular F.T.E. in this bargaining unit. 4. Wage and benefits changes reflect prevailing wage for the industry. The third year will be a reopener for wages only. 5. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager; Richard Kreyer, Negotiations/Labor Relations Manager; and William Larson, Deputy Superintendent of Operations B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom United Association of Plumbers, Locai 34, is the exclusive representative; duration of said Agreement is for the period of May 1, 1999 through April 30, 2002. • u � �, I u ARTICLE Article 1. Article 2. Article 3. Article 4. Article 5. Article 6. Article 7. Article 8. Article 9. Article 10. Article 11. Article 12. Article 13. Article 14. Article 15. Article 16. Article 17. Article 18. Article 19. Article 20. Article 21. Article 22. Article 23. Articie 24. Article 25. Article 26. Article 27. Article 28. Article 29. Article 30. TABLE OF CONTENTS T1TLE PAGE Preamble ................................................................................................................ v Purpose..................................................................................................................1 Recognition............................................................................................................. i Employer .....................................................................................................1 Union Rights ...........................................................................................................2 Scope the Agreement .........................................................................................2 Probationary ..............................................................................................3 Philosophy of Employment And Compensation .....................................................3 Hoursof Work ........................................................................................................4 Overtime.................................................................................................................4 CallBack ................................................................................................................5 WorkLocation ........................................................................................................5 Wages ....................................................................................................................5 FringeBenefits .......................................................................................................6 Selection of Lead Plumber .....................................................................................6 Holidays..................................................................................................................7 Discipiinary Procedures ..........................................................................................8 Absences Work .............................................................................................8 Sen i o rity .................................................................................................................. 9 Jurisdiction............................................................................................................ i0 Separation............................................................................................................10 To o i s .....................................................................................................................10 Grievance Procedure ............................................................................................11 Rightof Subcontract .............................................................................................13 Nondiscrimination.................................................................................................13 Severability ...........................................................................................................13 W aiver ..................................................................................................................13 Mileage .................................................................................................................14 Safety ...................................................................................................................14 LegalServices ......................................................................................................15 Durationand Pledge .............................................................................................16 Appendix A........... Appendix B........... Appendix C .......... Appendix D .......... I n d e x ........................ .......... 17 .......... 17 .. 18, 19 .......... 20 .......... 21 � � � . PREAMBLE This Agreemeni is entered into between )ndependent School District No. 625, hereinafter referred to as the Employer, and the UnRed Association Piumbers Local 34, hereinaRer referred to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of Independent School District No. 625 for the benefit of the general public through effective Iabor-management cooperatio�. The Empioyer and the Union both realize that Yhis goal depends no! only on the words in 2he Agreement but rather primarily on attitudes between people at all levels of responsibiiiiy. Constructive attitudes of the Employer, the Union, and the individual employees wiil best serve the needs of the general pubiic. . ARTICLE 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is Yo: 1.1.1 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee pertormance that is consistent with the safety and weii being of ali concemed; 1.1.2 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; 1.1.3 Establish procedures to orderly and peacefuily 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 suppiement 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 25 (Severebility). ARTICLE 2. RECOGNITION � 2.1 The Empioyer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regutar, probationary, and temporary employed in the classes of positions defined in 2.2 as certified bythe Bureau of Mediation Services in accordance with Case No. 9i-PCL-2011 dated July 25, 1990. 22 The classes of positions recognized as being exclusively represented by the Union are as listed in Appendix A. AR7ICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage ali manpower, iacilities, and equipment; to estabiish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizationai structure; to select, direct, and determine the number of personnel; and to pertorm any inherent managerial function not specitically limited by this Agreement. 32 Any "term or condition of employment" not estabiished by this Agreement shall remain with the Employer to eliminate, modity or establish following written notiiication to the Union. . ARTICLE 4. UNION RIGHTS � 4.1 The Employer shall deduct from the wages of employees who authorize such a deduciion in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1.1 The Empioyer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. 4.1.2 The Union shaii indemnify and save harmless the Employer from any and all claims or cfiarges made againsl the Employer as a resuri of the implementation of this Article. 42 The Union may designate one (1) empioyee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the right and responsibilities as designated'm Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Employer where empioyees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement estabiishes the "terms and conditions of employment" defined by • M. S. 179A.03, Subdivision 19, for all employees exclusively represented by the Union. This Agreement shail supersede such 'Yerms and conditions of empfoyment" established by Civil Service Rule, Council Ordinance, and Council Resolution. � • i � ARTICLE 6. PROBATIONARY PERIODS 6.1 Ail personnel, originally hired or rehired following separation, in a regular employment siatus shall serve a six (6)-month probationary period during which time the employee's fitness and ability to perform the ciass of positions' duties and responsibilities shall be evaluated. 6.1.1 At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.1.2 An employee terminated during the probationary period shaii 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 shaii serve a six (6)-month promotional probationary period during which time the empioyee's fitness and ability to perform the ciass of positions' duties and responsibilities shall be evaluated. 6.2.1 At any time during the promotional probationary period an empioyee may be demoted to the employee's previously-held class of positions at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.22 An employee demoted during the promotional probationary period shall be returned to the employee's previousiy held class of positions and shaii receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTfCLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The Empioyer and the Union are in full agreement that the philosophy of employment and compensation shail be a"cash" hourly wage and `industry' fringe benefit system. 72 7.3 The Employer shall compensate empioyees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages) and Article 13 (Fringe Benefits). No other compensation or fringe be�efit shall be accumulated or earned by an employee except as specifically provided for in this Agreement. ARTICLE 8. HOURS OF WORK 8.1 The normal workday shal! be eight (8) consecutive hours per day, excluding a thicty (30)- minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 8.2 The nortnal workweek shaA be five (5) consecutive normal workdays Monday through Friday. 8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a workweek of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts and/or workweeks. 8.4 � [� This section shail not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal workweek. 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 workday unless otherwise directed by their supervisor. All employees are subject to cali back by the Employer as provided by Article 10 (Call Back). 8.7 Employees reporting for work at the established starting time and for whom no work is available 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 workday. ARTICLE 9. OVERTIME 9.1 Time on the payroli in excess of the normal hours set forth above shall be "overtime work" and shali be done only by order of the head of the department. An employee shali be recompensed for work done in excess of the normal hours by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such overtime work. The basis on which such overtime shall 6e paid shall be determined solely by the Employer. 9.2 � 9.4 The rate of one and one-half (1-1/2) the basic hourly rate shall be the overtime rate for work performed under the following circumstances: 9.2.1 Time worked in excess of eight (8) hours in any one normal workday, and 92.2 Time worked in excess of 4Q hours in a seven (7)-day period. For the purpose of calculating overtime compensation, overtime hours worked shall not be "pyramided," compounded or paid twice for the same hours worked. Overtime hours worked as provided by this Article shall be paid in cash or compensatory time as determined by the Employer. • • � • • • ARTICLE 10. CALL BACK i0.1 The Empfoyer retains the right to call back empioyees before an employee has started a normal workday or normai workweek and after an empioyee has completed a normai workday or nortnal workweek. 10.2 Empioyees cailed back shall receive a minimum of four (4) hours of 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 applicabie, and subject to the minimum established by 10.2 above. 10.4 Employees cailed back four (4) hours or less prior to their normal workday shall complete the normal workday and be compensated only for the overtime hours worked in accordance with Article 9 (Overtime). ARTICLE 11. WORK LOCATION 11.1 Employees shall report to work locations as assigned by a designated Employer supervisor. During the normai workday, employees may be assigned to other work focations at the discretion of the Employer. S 1.2 Employees assigned to work locations during the normal workday other than their original assignment, and who are required to furnish fheir own transportation, shall be compensated for mileage as set forth in Article 27 (Mileage). ARTICLE 12. WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Regular employees shaii be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions andlor deductions made on their behalf as provided for byArticle 13 (Fringe Benefits). 12.3 Temporary employees 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). 5 ARTICLE 13. FRINGE BENEFITS 13.1 The Employer shall make contributions on behaff of and/or make deductions from the wages of empioyees covered by this Agreement in accordance with Appendix D for all hours worked. 13.2 Temporary, probationary, and regular employees shall be eligible for a paid holiday for Labor Day, the first Monday in September. 13.3 The Employer will for the period of this Agreement provide, for those employees who were eligible for the Employer's HeaRh and Welfare Plan and who have retired since September 1, 1974, such heaNh insurance premium contributions up to ihe same dollar amounts as are provided by the Employer at the date of early retirement and the cost of premium contributions toward $5,000 life insurance coverage until such employees reach sixty-five (65) years of age. tn order to be eligible for the premium contributions under the provision 13.3 and 13.4 the employee must: 13.3.1 13.32 Be receiving benefRs from a public employee retiree act at the time of retirement. Have severed the employment relationship with the City of Saint Paul and/or Independent School District No. 625 under one of the early retiree plans. 13.3.3 Inform the Human Resource Department of fndependent School District No. 625 and Human Resources Office of the City of Saint Paul in writing within sixty (60) days of employee's early retirement date that he or she wishes to be eligible tor early retiree insurance benefits. 13.4 For an employee who retired before the execution of this Agreement at age sixty-five (65) or later and who meets the criteria in 13.3, or for early retirees who qualified under 13.3 and have reached age sixty-five (65) after retirement, the Employer will provide payment of premium for a Medicare supplement health coverage policy selected by the Employer. ARTICLE 14. SELECTION OF LEAD PLUMBER 14.1 14.2 14.3 14.4 The selection of personnef for the class of positions Lead Plumber shall remain solely with the Employer. The class of positions Lead Plumber shall be filled by employees of the bargaining unit on a "temporary assignment" All 'Yemporary assignments' shall be made only at the direction of a designated Employer supervisor. Such 'Yemporary assignments" shall be made only in cases where the cfass of positions is vacant for more than one (1) normal workday. • . . • ARTICLE 15. HOLIDAYS 15.1 The foilowing nine (9) days shall be designated as unpaid holidays (except Labor Day as noted in Article 132): New YeaPs Day Martin Luther King, Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day DayAfterThanksgiving Day Christmas Day • January 1 Third Monday In January Third Monday in February Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25. 152 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the foilowing Monday shaii be considered the designated holiday. When any of these three (3) holidays fails on a Saturday, the preceding Friday shail be considered the designated holiday. 15.3 The nine (9) holidays shall be considered non-workdays. 15.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, empioyees may be scheduied or °calied back" in accordance with Article 10 (Call Back). 15.5 Employees called in to work on a designated holiday shall be compensated at the rate of two (2} times the basic hourly rate for att fiours worked. 1 S.6 If Martin Luther King, Jr. Day or Presidents' Day fails on a day when school is in session, the empioyee shall work that day at straight time and another day shail be designated as the holiday. This designated holiday shall be a day determined by agreement between the employee and his supervisor. 15.7 If Martin Luther King Jr. Day, Presidents' Day or the Day After Thanksgiving falis on a day when school is not in session, that day will normally be an unpaid holiday. If the Employer schedules work on such days, employees will be offered an opportunity to work that day at the straight-time rate and will not be required to take another day off to repiace the holiday. If the employee is called in on such day, they wi!) be calied in accordance with ARicle 10 and paid as in 15.5. 15.8 In order to be eligibie for hoiiday pay tor the Labor Day Holiday, empioyees who are on active payroii status preceding and foibwing the Labor Day Holiday shail receive pay for the Labor Day Holiday. 15.9 Employees working on Labor Day shall be recompensed for work done on this day by being granted compensatory time on a time and one-hatf basis or by being paid on a time and one-half basis for such hours worked, in addition to the regular pay. • ARTICLE 16. DISCIPLINARY PROCEDURES 16.1 16.2 The Employer shall have the right to impose disciplinary actions on employees for just cause. Disciplinary actions by the Employer shall include only the foliowing actions: 16.2.1 Oral reprimand; t6.22 Written reprimand; 162.3 Suspension; 1&.2.4 Demotion; 162.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under Minnesota Statute § 179A20, Subd. 4, and thereby shall have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Article 22 (Grievance Procedure). Once an employee or the Union in the employee's behalf initiates review of an action, that matter shali not again 6e reviewed in another forum. Oral reprimands shall not be subject to the grievance review process. ARTICLE 17. ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal workday have the responsibility to nofify their supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 172 17.3 Failure to make such notification may be grounds for discipline as provided in Article 16 (Disciplinary Procedures). Failure to report for work without notification for three (3) consecutive normai workdays may be considered a"quit" by the Empioyer on the part of the employee. • • � u ARTICLE 18. SENIORITY 18.1 Effective May 1, 1993, for the purpose of this Article, the terms shall be defined as follows: 18.1.1 The term, "Employer,' shall mean independent School District No. 625, Saint Paul Public Schools. 18.12 The term, "Master Seniority," shall mean the length of continuous regular and probationary service with the Empioyer from the date an employee was first appointed to any class titie with the Employer covered by this Agreement. 18.1.3 The term, °Class Seniority' shall mean the length of continuous regular and probationary service with the Employer from the date an empioyee was first appointed to a position with the Empioyer in a ciass title covered by this Agreement. This section 18.1.3 is intended to mean that on or after May 1, 1993, an employee who is newiy hired to the Empioyer (District), no matter ovhat the person's prior experience or how hired by the District, will have his/her class seniority start at zero on the day of appointment to a School District position in that titte and senioriry will begin to be caiculated from that date. An emp(oyee's Class Seniority does not revert to zero following recail from an Employer initiated layoff within the twenty-four (24) month recall rights period specified in 18.4. This definition of cfass seniority will be used for all layoff decisions. 18.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a • leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unciassified service of the Employer or to an eiected or appointed full-time position with the Union. 18.3 Seniority shap terminate when an emp)oyee retires, resigns or is discharged. 18.4 In the event it is determined by the Empioyer that it is �ecessary to reduce the workforce, employees wil! be laid off by class title within each Department based on inverse tength of "Class Seniority." Employees laid off by the Employer shall have the right to reinstatement in any lower-paid class title previously held which is covered by this Agreement, provided the employee has greater °Ctass Seniorit�' than the employee being replaced. Recail from layoff shall be in inverse order of layoff, except that recall rights shall expire after twenty-four (24) months from the last day of work preceding the layoff. No other Civil Service recall rights to this Employer shall appiy. This provision does not address any rights the empioyee may have to be recalled to any other employer. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Senioriry," subject to the approvai of the Employer. • ARTICLE 19. JURISDICTION 19.1 Disputes conceming work jurisdiction between and among a union is recognized as an appropriate subject to determination by the various unfons representing employees of the Empioyer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 19.3 In the event of a dispute conceming the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possi6le to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 19,4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 19.2 and t9.3 above shall be subject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resutting from a work assignment. ARTICLE 20. SEPARATION 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 20.1.1 20.1.2 20.1.3 Resionation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to ihe effective date of the resignation. Discharqe. As provided in Article 16. Failure to Reoort for DuN. As provided in Articfe 17. 202 Employees having a temporary employment status may be terminated at the discretion of the Employer before the completion of a normal workday. ARTICLE 21. TOOLS 21.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. . . � 10 C� � ARTtCLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shali 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. 22.2 It is recognized and accepted by #he Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shail therefore be accomplished during working hours only when consistent wfth 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 Empioyer. 22.3 The procedure established by this Article shall, excepi as previously noted in Anicle 16 (Discipiinary Procedures), be the sole and exclusive procedure, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances shall be resolved in conformance with the 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 informai basis wRh the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informai 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(sj 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 ihe first occurrence of the event giving rise to the grievance or within the use of reasonable diligence shouid have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Steo2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resoive the grievance. if, as a result of this meeting, the grievance remains unresoived, the Empioyer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. � 11 ARTICLE 22. GRIEVANGE PROCEDURE (continued) Step 3. WRhin seven (7) calendar days foliowing receipt of a grievance referred from Step 2, a designated Employer Supervisor shall meet with the Union Business Manager or a 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 conceming 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 (� calendar days foilowing receipt of the EmployePs answer shall be considered waived. Step 4. if the grievance remains unresoived, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbftrator within ihe said seven (7)-day period, either party may request tfie Bureau of Mediation Services 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 (1st) name; the Employer shall then strike one (1) name. The process wili be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have no right ta amend, mod'rfy, 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 shail be without power to make decisions contrary to or inconsisteM with or moditying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses ior the arbitrators services and proceedings shafl 6e borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and wftnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing ft pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. . • � 12 • • u ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 The Emptoyer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of the workforce covered by this Agreement, the Employer shali give the Union a ninety (90)-calendar day notice of the intention to subcontract. 232 The subcontracting of work done by the employees covered by this Agreement shall in ali cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NONDISCRIMINA710N 24.1 The terms and conditions of this Agreement will be apptied to employees equally without regard to or discrimination for or against, any individuai because of race, color, creed, sex, age or because of inembership or nonmembership in the Union. 24.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 25. SEVERABILITY 25.1 in the event that any provision(s) of this Agreement is declared to be cohtrary 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. 25.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative or judicial determination. ARTICLE 26. WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposais with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. 262 Therefore, the Empfoyer 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 Empioyer may, however, mutually agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of empioyment, to the extent they are inconsistent with this Agreement, are hereby superseded. 13 ARTICLE 27. MILEAGE 27.1 Employees of the School District under policy adopted by the Board of Education may be • reimbursed for the use of their automobiles for school business. To be eligible for such reim6ursement, employees must receive authorization from the District Mileage Committee utilizing one of the foliowing plans: PLAN "A" is reimbursed at the current Board approved rate or 31¢ per mile, whichever is greater. In addition, a maximum amount that can be paid per month is established by an estimate fumished by the employee and the employee's supervisor. Another consideration for estabiishing 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. ARTICLE 28. SAFETY 28.1 Accident and injury-free operations shall be the goal of the Employer and employees. To this end, the Employer and empioyees wiil, to the best of their ability, abide by and live up to the requirements of the several state and federal Construction Safety Codes and Regulatio�s. 28.2 To this end, the Employer shall from time to time issue rules or notices to his employees • regarding on-the-job safety requirements. Any employee violating such rules or notices shall be subject to disciplinary action. No employee may be discharged for refusing to work under unsafe conditions. 28.3 Such safety equipment as required by govemmental regulations shall be provided wfthout cost to the employee. At the Employer's option, the empioyees may be required to sign for safety equipment and shaii be obligated to retum same upon discharge, layoff, quit or other termination in comparable condftion as when issued, providing reasonable wear and tear. The Employer shatl have the right to withhold the cost of such safety equipment if not retumed. 28.4 The Employer agrees to pay $60.00 toward the cost of each pair of safety shoes purchased by an employee who is a member of this unit. The Employer shall contribute for the cost of up to one pair of shoes per year and shall not be responsible for any additional cost for any additional shoes thereafter. This reimbursement of $60.00 per pair of shoes shall be made only after investigation and approval by the immediate supervisor of that employee. This $60.00 per pair of shces contribution to be made by the Employer shall appiy to those employees who must wear protective shoes or boots for their employment. � 14 � ARTICLE 29. LEGAI SERVICES 29.'! Except in cases of malteasance in office or willful or wanton neglect of duty, or indifference to rights of others, the Employer shaii defend, save harmiess, and indemnify . an employee against tort claim or demand, whether groundless or otherwise, arising out of alleged acts or omission occurring in the performance or scope of the empioyee's duties. 29.2 Noiwithstanding the provisions of Section 29.1, the Employer ghall not be required to defend or indemnify any empioyee against personal liability or damages, costs or expenses (a) resufting from a ctaim, suit, verdict, finding, determination or judgment that <he employee has committed an intentional tort or torts, including but not limited to slander, libel, and/or other defamatory harms; or (b) arising out of cross claims, counterclaims, affirmative defenses and/or separate actions brought against such employee in response to or resulting from ciaims, allegations, demands or actions (whether or not litigation was actually commenced) brought, made or instituted by such employee. • 29.3 Notwithstanding the provisions of Section 29.1 or 29.2, the Employer may at its sole discretion defend an employee against allegations, ciaims, demands or actions wholiy or in part based on or arising out of claimed intentional torts, and in such cases, the empioyee consents to the extent lawfuily permitted to such representation without regard to actual or potential conflicts of interest. 29.4 Each employee, within twenty (20) days after receiving notice of (1) a tort claim or demand, action, suit or proceeding against him or her, (2) a judgmenf, verdict, finding or determination, either of which arises out of alleged or found acts or omissions occurring in the performance or scope of the employee's duties, shall notify the Employer by giving written notice thereof to the Employer's General Counsel. � 15 ARTICLE 30. DURATION AND PLEDGE 30.1 This Agreement shail become effective as of the date of signing, except as specificariy provided othervvise in this AgreemeM and shail remain in effect through the 30th day of Aprii 2002, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 30.2. 30.2 K either party desires to terminate or mod'rfy 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 expiretion date, provided that the Agreement may oniy be so terminated or mod'rfied effective as of the expiration date. 30.3 In consideration of the terms and conditions of employment estabiished by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances conceming its application or interpretation may be peacefuliy resoived, the parties hereby pledge that during the term of the Agreement: 30.3.1 The Union and the empioyees will not engage in, instigate or condone any conceRed action in which employees fail to repoK for duty, willfully absent themseNes from work, stop work, sfow down their work or abserrt themsetves in whole or part trom the full, faitMul perfortnance of their duties of employment. 30.32 The Employer wiii not engage in, instigate or condone any lockout of employees. 30.3.3 This constitutes a tentative AgreemeM between the parties that will be recommended by the Negotiations/Labor Relations Manager, but is subject to the approval of the Board of Education, and is also subject to retrfication by the Union. The parities agree and attest that this Agreement represents ihe full and complete understanding of the parties for the period of time herein spec'rfied by the signature of the following representatives for the Employer and the Union. W ITNESSES: INDEPENDEN7 SCHOOL DISTRICT UNITED ASSOCIATION OF PLUMBERS NO. 625 LOCAL NO. 34 � ��t'�� Business Manager ��L/�9 9 Dat iI: � � � � a �y� Date � APPENDIX A The classes of positions recognized by the Employer as being exclusively represented by the Union are as follows: Apprentice - Piumber Plumber Lead Plumber and other classes of positions that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. APPENDIX B � Tools of the trade: 6' Foiding rule u itI APPENDIX C C1 The total hourly cost to the Employer for wages plus any and all contributions or deductions stated in Appendix D of this Agreement shall not exceed the following amounts: Plumber Lead Plumber Effective Effective 5/1 /1999 SM /2000 $35.22 $36.83 $37.57 $39.28 Effective 5/1 /2001 �� (�) �1) C2 The total taxable hourly rate including wages and the vacation contribution in Appendix D and exciuding all other benefit costs and obligations in Appendix D, for regular and probationary employees appointed to the foliowing classes of positions shall be as follows: Effective 5/1 /1999 Plumber Lead Plumber $25.50 $27.73 C2A Tfie basic hourfy wage rates in lhis Appendix (C2A) are for comuensalion analvsis purposes onlv. These figures represent the portion of the Appendix C1 rates above specifically allocated to wages. These rates do NOT inctude taxable contributions and therefore should NOT be used for taxable payroll calculations. See Appendix C2 above for totai taxable payroll information. Effective Effective Effective 5/1/1999 5/1/2000 5/1/2001 Plumber Lead Plumber $21.71 $23.94 ��> Note For Appendix C7: The parties agree that for the third year of this Agreement, there will be a reopener to discuss wages and benefits only. The May 1, 2001, total hourly cost and distribution will be negotiated at that time. ` The May 1, 2000, hourly rates in Appendices C2, C2A and C3 shall be determined at a later date based on the allocation agreed to by the Employer and the Union of the May 7, 2000, total hourly cost stated in Appendix Ct. � The May t, 2001, hourly rates in Appendices C2, C2A and C3 shall be determined at a later date based on the allocation agreed top by the Employer and the Union of the May 1, 2001, total houdy cost determined for the third-year wage reopener. EHective Efifective 5/1/2000 5/1/2001 � C J �� iE:3 i APPENDIX C (continued) C3 The total taxable hourly rate inciuding wages and the vacation contribution in Appendix D for temporary employees appointed to the foliowing classes of posRions shall be: Effective Effective Effective 5/1/1999 5/1/2000 5/1/2001 Piumber $26.82 ` *' Lead Plumber $29•17 ` " • u If a temporary employee working in a title listed in this Appendix C3 becomes subject to the requirements of the Public Empioyees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the calculated hourly may change so the Employer's cost does not exceed the amounts listed in Appendix C1 above. C4 The basic hourly wage rates for the Apprentice ciass of positions: Apprentice 0 7 13 19 25 31 37 43 49 55 - 6 months .....................................50% of Plumber rate - 12 months ...................................55% of Piumber rate - 18 months ...................................60% of Plumber rate - 24 months ...................................65% of Plumber rate - 30 months ...................................70% of Plumber rate - 36 months ...................................75% of Plumber rate - 42 months ...................................80% of Plumber rate - 48 months ...................................85% of Plumber rate - 54 months ...................................90% of Piumber rate - 60 months ...................................95% of Plumber rate The totai compensation (wages and fringes) received by employees covered by this Agreement shall be equivalent in money to the totai package paid by the Empioyer to employees in comparable classifications in the Agreement between Local 34 and the Twin Cities Piping Industry 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 l.ocal 34 and any plumbing contractor affiliated or not affiliated with the 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 and which is less than the above totai package, such differences shall be immediately applicable to the total compensation paid to employees covered by this Agreement. � The May t, 2000, hourly rates in Appendices C2, C2A and C3 shall be determined at a later date based on the aliocation agreed to by the Employer and the Union of the April 26, 1997, total hourly cost stated in Appendix Ct. " The May t, 2001, hourly rates in Appendices C2, C2A and C3 shall be determined at a later date based on the ailocation agreed top by the Empioyer and the Union of the May 1, 2001, total houriy cost determined for the third-year wage reopener. 19 APPENDIX D Effective May 7, 1999, the Employer shall forward the amounts designated in this Appendix D for employees covered by this Agreement to depositories as directed by the Union and agreed to by the Empioyer: (�) (2) (3) (4) (5) (6) $3.79 per hour for ali hours worked from which all appropriate payroll deductions have been made to a Union-designated Credit Union Vacation Fund. $3.28 per hour for all hours worked to a Union-designated Health and Welfare Fund. $2.19 per hour tor all hours worked to a Union-designated Pension Fund. $2.69 per hour for all hours worked to a Union-designated Annuitv Fund. $.19 per hour for all hours worked to a Union-designated Joumevman and Aoorenticeshi� Traininq Fund. $.05 per hour for all hours worked to a Union-designated Intemational Traininq Fund. The Employer shall make legally established non-negotiated pension contributions to PERA. Changes in the mandated PERA rate may change the calculated hourly base rate of pay so the employer's cost does not exceed the amounts listed in Appendix C1 above. All contributions made in accordance with this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix C1. The Appendix D amounts shall be forwarded to the Twin CiN Pipe Trades Service Association. The Employer shaii establish Workers' Compensation and Unempioyment Compensation programs as required by Minnesota Statutes. Employees covered by this Agreement shall not be eligible for, governed by or accumulate vacation, sick leave, holiday, funerai leave, jury duty or insurance fringe benefits that are or may be established by Personnel Rules Council Ordinance or Council Resolutions. The Employer's fringe benefft obligation to employees is limited to the contributions and/or deductions estabiished by this Agreement. The actual levei of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. C� f 1 u � 20 � u , � • A Absences From Work ..................................8 Apprentice Wage Rates ............................19 C CaliBack .....................................................5 Ciasses of Positions ..................................17 D Depositories As Directed by the Uniort......20 Discharge..................................................10 Discipline .....................................................8 Dispute Concerning the Performance or Assignment of Work ..............................10 E Employer Rights ..........................................1 F Failure to Report for Duty ..........................10 Fringe Benefits ............................................6 G Grievance ............................................11, 12 H Health Insurance Premium Contributions....6 HolidayPay ..................................................7 Holiday Pay for the Labor Day Holiday........7 Holidays.......................................................7 Hourly Rate of Pay .....................................18 Hours of Work .............................................4 J Job Safety Requirements ..........................14 J u risdiction .................................................10 L Lead Plumber ..............................................6 Legai Services ...........................................15 INDEX 21 M Mileage .................................... N Nondiscrimination .................... O Overtime .................................. P Probationary Periods ............... R Resignation .............................. S Safety ....................................... Se n i o rity ................................... Separation From Employment. Severability .............................. S u bcontracti ng ......................... T Tools........................................ U Union Rights ............................ W Wage Rates ............................. Wages ..................................... Waiver ...................................... Work Location .......................... Wo rkd ay ................................... W orkweek ................................ .........14 .........13 ...........4 ...........3 .........10 14 ..9 10 13 13 10, 17 .2 ..18 ....5 ..13 ....5 ....4 ....4 Council File # � ` � 1� ` �`dNIJ1� Presented b} Referred To 1 2 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 63981 �, Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1999-2002 Employment Agreement between the Independent School District No. 625 and the United 3 Association of Plumbers Loca134. � DEPARTMENT/OFFICE/COUNCIG: DATE INI'CIATED GREEN SHEET No.: 63981 99 l ��L LABOR RELATTONS July 30, 1999 CONTACI' PERSON & PHONE: p i�itT�nunA'f'e milTTAiJDA1'E NLIE KRAUS 266-6488 p�ICN � D�rnx�rn�N"r D�R. a crrr cour�ciL NUMBER Z GTTY A1TORNEY CITY CLERK FOR BUDGEC DIR � FIN. & MG'I. SERVICE DIR. MUST BE ON COUNCIL AGENDA BY (DATE) R�D1 3 MAYOR (OR ASST.) ORDEA TOTAL 8 OF SIGNAT[JRE PAGES_I (CLIP ALL LOCA170NS FOR SIGNATIJRE) � ncczox xEQU�sx�n: This resolution approves the attached 1999-2002 Employment Agreement between the Independent School District No. 625 and the United Association of Plumbers Locai Union No. 34. RECOMMENDAIIONS: Approve (A) or Rejec[ (R) PERSONAL SERVICE CONTRACI'S Mi1ST ANSWER THE FOLLOWING QUESTIONS: PLANNING COMMISSION CIVIL SERVICE COMbIISSION 1. Has this person/firtn ever worked under a contract for this department? CIB COMMITTEE Yes No STP.FF � 2. Has this person/firtn ever been a city employee? DISTRICT COURT Ycs No SUPPORTS WHICH COIJNCIL OBIECTIVEI 3. Does this persoNfimi possess a skili not normaily possessed by any curtent city employeeT Yes No Ezplain all yes answers oo separate sheet and attach to green sheet INI'17ATING PROBLEM, ISSUE, OPPORI'UNS'1'Y (Whq What, When, Where, Why): ADVANTAGES IF APPROVED: This Agreement pertains to Boazd of Education employees only. DISADVANTAGESIFAPPROVED: F ,� •Y �, �,; � ,.., �'�A�J 1J � �1�� DISADVAN'I'AGES IF NOT APPROVED: , . ._ ' .w _. .,.b l. TOTAL AMOUNT OF TRANSACTION: WST/REVENUE BUDGETED: F[7NDING SOURCE: ACTIVITY NUMBER: FINANCiAL INFORMATION: (EXPLAII� INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION p�c� �7 0��:�' SAINT PAUL PUBLIC SCHOOLS DATE: June 22, 1999 TOPIC: Approval of an Employment Agreement With United Association of Plumbers, Local 34, to Establish Terms and Conditions of Employment for 1999-2002 A. PERTINENT FACTS: 1. New Agreement is for the three-year period May 1, 1999 through April 30, 2002. 2. The ianguage provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 3. The District has seven regular F.T.E. in this bargaining unit. 4. Wage and benefits changes reflect prevailing wage for the industry. The third year will be a reopener for wages only. 5. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager; Richard Kreyer, Negotiations/Labor Relations Manager; and William Larson, Deputy Superintendent of Operations B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom United Association of Plumbers, Locai 34, is the exclusive representative; duration of said Agreement is for the period of May 1, 1999 through April 30, 2002. • u � �, I u ARTICLE Article 1. Article 2. Article 3. Article 4. Article 5. Article 6. Article 7. Article 8. Article 9. Article 10. Article 11. Article 12. Article 13. Article 14. Article 15. Article 16. Article 17. Article 18. Article 19. Article 20. Article 21. Article 22. Article 23. Articie 24. Article 25. Article 26. Article 27. Article 28. Article 29. Article 30. TABLE OF CONTENTS T1TLE PAGE Preamble ................................................................................................................ v Purpose..................................................................................................................1 Recognition............................................................................................................. i Employer .....................................................................................................1 Union Rights ...........................................................................................................2 Scope the Agreement .........................................................................................2 Probationary ..............................................................................................3 Philosophy of Employment And Compensation .....................................................3 Hoursof Work ........................................................................................................4 Overtime.................................................................................................................4 CallBack ................................................................................................................5 WorkLocation ........................................................................................................5 Wages ....................................................................................................................5 FringeBenefits .......................................................................................................6 Selection of Lead Plumber .....................................................................................6 Holidays..................................................................................................................7 Discipiinary Procedures ..........................................................................................8 Absences Work .............................................................................................8 Sen i o rity .................................................................................................................. 9 Jurisdiction............................................................................................................ i0 Separation............................................................................................................10 To o i s .....................................................................................................................10 Grievance Procedure ............................................................................................11 Rightof Subcontract .............................................................................................13 Nondiscrimination.................................................................................................13 Severability ...........................................................................................................13 W aiver ..................................................................................................................13 Mileage .................................................................................................................14 Safety ...................................................................................................................14 LegalServices ......................................................................................................15 Durationand Pledge .............................................................................................16 Appendix A........... Appendix B........... Appendix C .......... Appendix D .......... I n d e x ........................ .......... 17 .......... 17 .. 18, 19 .......... 20 .......... 21 � � � . PREAMBLE This Agreemeni is entered into between )ndependent School District No. 625, hereinafter referred to as the Employer, and the UnRed Association Piumbers Local 34, hereinaRer referred to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of Independent School District No. 625 for the benefit of the general public through effective Iabor-management cooperatio�. The Empioyer and the Union both realize that Yhis goal depends no! only on the words in 2he Agreement but rather primarily on attitudes between people at all levels of responsibiiiiy. Constructive attitudes of the Employer, the Union, and the individual employees wiil best serve the needs of the general pubiic. . ARTICLE 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is Yo: 1.1.1 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee pertormance that is consistent with the safety and weii being of ali concemed; 1.1.2 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; 1.1.3 Establish procedures to orderly and peacefuily 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 suppiement 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 25 (Severebility). ARTICLE 2. RECOGNITION � 2.1 The Empioyer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regutar, probationary, and temporary employed in the classes of positions defined in 2.2 as certified bythe Bureau of Mediation Services in accordance with Case No. 9i-PCL-2011 dated July 25, 1990. 22 The classes of positions recognized as being exclusively represented by the Union are as listed in Appendix A. AR7ICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage ali manpower, iacilities, and equipment; to estabiish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizationai structure; to select, direct, and determine the number of personnel; and to pertorm any inherent managerial function not specitically limited by this Agreement. 32 Any "term or condition of employment" not estabiished by this Agreement shall remain with the Employer to eliminate, modity or establish following written notiiication to the Union. . ARTICLE 4. UNION RIGHTS � 4.1 The Employer shall deduct from the wages of employees who authorize such a deduciion in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1.1 The Empioyer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. 4.1.2 The Union shaii indemnify and save harmless the Employer from any and all claims or cfiarges made againsl the Employer as a resuri of the implementation of this Article. 42 The Union may designate one (1) empioyee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the right and responsibilities as designated'm Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Employer where empioyees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement estabiishes the "terms and conditions of employment" defined by • M. S. 179A.03, Subdivision 19, for all employees exclusively represented by the Union. This Agreement shail supersede such 'Yerms and conditions of empfoyment" established by Civil Service Rule, Council Ordinance, and Council Resolution. � • i � ARTICLE 6. PROBATIONARY PERIODS 6.1 Ail personnel, originally hired or rehired following separation, in a regular employment siatus shall serve a six (6)-month probationary period during which time the employee's fitness and ability to perform the ciass of positions' duties and responsibilities shall be evaluated. 6.1.1 At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.1.2 An employee terminated during the probationary period shaii 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 shaii serve a six (6)-month promotional probationary period during which time the empioyee's fitness and ability to perform the ciass of positions' duties and responsibilities shall be evaluated. 6.2.1 At any time during the promotional probationary period an empioyee may be demoted to the employee's previously-held class of positions at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.22 An employee demoted during the promotional probationary period shall be returned to the employee's previousiy held class of positions and shaii receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTfCLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The Empioyer and the Union are in full agreement that the philosophy of employment and compensation shail be a"cash" hourly wage and `industry' fringe benefit system. 72 7.3 The Employer shall compensate empioyees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages) and Article 13 (Fringe Benefits). No other compensation or fringe be�efit shall be accumulated or earned by an employee except as specifically provided for in this Agreement. ARTICLE 8. HOURS OF WORK 8.1 The normal workday shal! be eight (8) consecutive hours per day, excluding a thicty (30)- minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 8.2 The nortnal workweek shaA be five (5) consecutive normal workdays Monday through Friday. 8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a workweek of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts and/or workweeks. 8.4 � [� This section shail not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal workweek. 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 workday unless otherwise directed by their supervisor. All employees are subject to cali back by the Employer as provided by Article 10 (Call Back). 8.7 Employees reporting for work at the established starting time and for whom no work is available 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 workday. ARTICLE 9. OVERTIME 9.1 Time on the payroli in excess of the normal hours set forth above shall be "overtime work" and shali be done only by order of the head of the department. An employee shali be recompensed for work done in excess of the normal hours by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such overtime work. The basis on which such overtime shall 6e paid shall be determined solely by the Employer. 9.2 � 9.4 The rate of one and one-half (1-1/2) the basic hourly rate shall be the overtime rate for work performed under the following circumstances: 9.2.1 Time worked in excess of eight (8) hours in any one normal workday, and 92.2 Time worked in excess of 4Q hours in a seven (7)-day period. For the purpose of calculating overtime compensation, overtime hours worked shall not be "pyramided," compounded or paid twice for the same hours worked. Overtime hours worked as provided by this Article shall be paid in cash or compensatory time as determined by the Employer. • • � • • • ARTICLE 10. CALL BACK i0.1 The Empfoyer retains the right to call back empioyees before an employee has started a normal workday or normai workweek and after an empioyee has completed a normai workday or nortnal workweek. 10.2 Empioyees cailed back shall receive a minimum of four (4) hours of 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 applicabie, and subject to the minimum established by 10.2 above. 10.4 Employees cailed back four (4) hours or less prior to their normal workday shall complete the normal workday and be compensated only for the overtime hours worked in accordance with Article 9 (Overtime). ARTICLE 11. WORK LOCATION 11.1 Employees shall report to work locations as assigned by a designated Employer supervisor. During the normai workday, employees may be assigned to other work focations at the discretion of the Employer. S 1.2 Employees assigned to work locations during the normal workday other than their original assignment, and who are required to furnish fheir own transportation, shall be compensated for mileage as set forth in Article 27 (Mileage). ARTICLE 12. WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Regular employees shaii be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions andlor deductions made on their behalf as provided for byArticle 13 (Fringe Benefits). 12.3 Temporary employees 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). 5 ARTICLE 13. FRINGE BENEFITS 13.1 The Employer shall make contributions on behaff of and/or make deductions from the wages of empioyees covered by this Agreement in accordance with Appendix D for all hours worked. 13.2 Temporary, probationary, and regular employees shall be eligible for a paid holiday for Labor Day, the first Monday in September. 13.3 The Employer will for the period of this Agreement provide, for those employees who were eligible for the Employer's HeaRh and Welfare Plan and who have retired since September 1, 1974, such heaNh insurance premium contributions up to ihe same dollar amounts as are provided by the Employer at the date of early retirement and the cost of premium contributions toward $5,000 life insurance coverage until such employees reach sixty-five (65) years of age. tn order to be eligible for the premium contributions under the provision 13.3 and 13.4 the employee must: 13.3.1 13.32 Be receiving benefRs from a public employee retiree act at the time of retirement. Have severed the employment relationship with the City of Saint Paul and/or Independent School District No. 625 under one of the early retiree plans. 13.3.3 Inform the Human Resource Department of fndependent School District No. 625 and Human Resources Office of the City of Saint Paul in writing within sixty (60) days of employee's early retirement date that he or she wishes to be eligible tor early retiree insurance benefits. 13.4 For an employee who retired before the execution of this Agreement at age sixty-five (65) or later and who meets the criteria in 13.3, or for early retirees who qualified under 13.3 and have reached age sixty-five (65) after retirement, the Employer will provide payment of premium for a Medicare supplement health coverage policy selected by the Employer. ARTICLE 14. SELECTION OF LEAD PLUMBER 14.1 14.2 14.3 14.4 The selection of personnef for the class of positions Lead Plumber shall remain solely with the Employer. The class of positions Lead Plumber shall be filled by employees of the bargaining unit on a "temporary assignment" All 'Yemporary assignments' shall be made only at the direction of a designated Employer supervisor. Such 'Yemporary assignments" shall be made only in cases where the cfass of positions is vacant for more than one (1) normal workday. • . . • ARTICLE 15. HOLIDAYS 15.1 The foilowing nine (9) days shall be designated as unpaid holidays (except Labor Day as noted in Article 132): New YeaPs Day Martin Luther King, Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day DayAfterThanksgiving Day Christmas Day • January 1 Third Monday In January Third Monday in February Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25. 152 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the foilowing Monday shaii be considered the designated holiday. When any of these three (3) holidays fails on a Saturday, the preceding Friday shail be considered the designated holiday. 15.3 The nine (9) holidays shall be considered non-workdays. 15.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, empioyees may be scheduied or °calied back" in accordance with Article 10 (Call Back). 15.5 Employees called in to work on a designated holiday shall be compensated at the rate of two (2} times the basic hourly rate for att fiours worked. 1 S.6 If Martin Luther King, Jr. Day or Presidents' Day fails on a day when school is in session, the empioyee shall work that day at straight time and another day shail be designated as the holiday. This designated holiday shall be a day determined by agreement between the employee and his supervisor. 15.7 If Martin Luther King Jr. Day, Presidents' Day or the Day After Thanksgiving falis on a day when school is not in session, that day will normally be an unpaid holiday. If the Employer schedules work on such days, employees will be offered an opportunity to work that day at the straight-time rate and will not be required to take another day off to repiace the holiday. If the employee is called in on such day, they wi!) be calied in accordance with ARicle 10 and paid as in 15.5. 15.8 In order to be eligibie for hoiiday pay tor the Labor Day Holiday, empioyees who are on active payroii status preceding and foibwing the Labor Day Holiday shail receive pay for the Labor Day Holiday. 15.9 Employees working on Labor Day shall be recompensed for work done on this day by being granted compensatory time on a time and one-hatf basis or by being paid on a time and one-half basis for such hours worked, in addition to the regular pay. • ARTICLE 16. DISCIPLINARY PROCEDURES 16.1 16.2 The Employer shall have the right to impose disciplinary actions on employees for just cause. Disciplinary actions by the Employer shall include only the foliowing actions: 16.2.1 Oral reprimand; t6.22 Written reprimand; 162.3 Suspension; 1&.2.4 Demotion; 162.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under Minnesota Statute § 179A20, Subd. 4, and thereby shall have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Article 22 (Grievance Procedure). Once an employee or the Union in the employee's behalf initiates review of an action, that matter shali not again 6e reviewed in another forum. Oral reprimands shall not be subject to the grievance review process. ARTICLE 17. ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal workday have the responsibility to nofify their supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 172 17.3 Failure to make such notification may be grounds for discipline as provided in Article 16 (Disciplinary Procedures). Failure to report for work without notification for three (3) consecutive normai workdays may be considered a"quit" by the Empioyer on the part of the employee. • • � u ARTICLE 18. SENIORITY 18.1 Effective May 1, 1993, for the purpose of this Article, the terms shall be defined as follows: 18.1.1 The term, "Employer,' shall mean independent School District No. 625, Saint Paul Public Schools. 18.12 The term, "Master Seniority," shall mean the length of continuous regular and probationary service with the Empioyer from the date an employee was first appointed to any class titie with the Employer covered by this Agreement. 18.1.3 The term, °Class Seniority' shall mean the length of continuous regular and probationary service with the Employer from the date an empioyee was first appointed to a position with the Empioyer in a ciass title covered by this Agreement. This section 18.1.3 is intended to mean that on or after May 1, 1993, an employee who is newiy hired to the Empioyer (District), no matter ovhat the person's prior experience or how hired by the District, will have his/her class seniority start at zero on the day of appointment to a School District position in that titte and senioriry will begin to be caiculated from that date. An emp(oyee's Class Seniority does not revert to zero following recail from an Employer initiated layoff within the twenty-four (24) month recall rights period specified in 18.4. This definition of cfass seniority will be used for all layoff decisions. 18.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a • leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unciassified service of the Employer or to an eiected or appointed full-time position with the Union. 18.3 Seniority shap terminate when an emp)oyee retires, resigns or is discharged. 18.4 In the event it is determined by the Empioyer that it is �ecessary to reduce the workforce, employees wil! be laid off by class title within each Department based on inverse tength of "Class Seniority." Employees laid off by the Employer shall have the right to reinstatement in any lower-paid class title previously held which is covered by this Agreement, provided the employee has greater °Ctass Seniorit�' than the employee being replaced. Recail from layoff shall be in inverse order of layoff, except that recall rights shall expire after twenty-four (24) months from the last day of work preceding the layoff. No other Civil Service recall rights to this Employer shall appiy. This provision does not address any rights the empioyee may have to be recalled to any other employer. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Senioriry," subject to the approvai of the Employer. • ARTICLE 19. JURISDICTION 19.1 Disputes conceming work jurisdiction between and among a union is recognized as an appropriate subject to determination by the various unfons representing employees of the Empioyer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 19.3 In the event of a dispute conceming the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possi6le to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 19,4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 19.2 and t9.3 above shall be subject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resutting from a work assignment. ARTICLE 20. SEPARATION 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 20.1.1 20.1.2 20.1.3 Resionation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to ihe effective date of the resignation. Discharqe. As provided in Article 16. Failure to Reoort for DuN. As provided in Articfe 17. 202 Employees having a temporary employment status may be terminated at the discretion of the Employer before the completion of a normal workday. ARTICLE 21. TOOLS 21.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. . . � 10 C� � ARTtCLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shali 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. 22.2 It is recognized and accepted by #he Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shail therefore be accomplished during working hours only when consistent wfth 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 Empioyer. 22.3 The procedure established by this Article shall, excepi as previously noted in Anicle 16 (Discipiinary Procedures), be the sole and exclusive procedure, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances shall be resolved in conformance with the 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 informai basis wRh the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informai 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(sj 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 ihe first occurrence of the event giving rise to the grievance or within the use of reasonable diligence shouid have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Steo2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resoive the grievance. if, as a result of this meeting, the grievance remains unresoived, the Empioyer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. � 11 ARTICLE 22. GRIEVANGE PROCEDURE (continued) Step 3. WRhin seven (7) calendar days foliowing receipt of a grievance referred from Step 2, a designated Employer Supervisor shall meet with the Union Business Manager or a 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 conceming 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 (� calendar days foilowing receipt of the EmployePs answer shall be considered waived. Step 4. if the grievance remains unresoived, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbftrator within ihe said seven (7)-day period, either party may request tfie Bureau of Mediation Services 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 (1st) name; the Employer shall then strike one (1) name. The process wili be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have no right ta amend, mod'rfy, 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 shail be without power to make decisions contrary to or inconsisteM with or moditying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses ior the arbitrators services and proceedings shafl 6e borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and wftnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing ft pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. . • � 12 • • u ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 The Emptoyer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of the workforce covered by this Agreement, the Employer shali give the Union a ninety (90)-calendar day notice of the intention to subcontract. 232 The subcontracting of work done by the employees covered by this Agreement shall in ali cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NONDISCRIMINA710N 24.1 The terms and conditions of this Agreement will be apptied to employees equally without regard to or discrimination for or against, any individuai because of race, color, creed, sex, age or because of inembership or nonmembership in the Union. 24.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 25. SEVERABILITY 25.1 in the event that any provision(s) of this Agreement is declared to be cohtrary 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. 25.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative or judicial determination. ARTICLE 26. WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposais with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. 262 Therefore, the Empfoyer 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 Empioyer may, however, mutually agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of empioyment, to the extent they are inconsistent with this Agreement, are hereby superseded. 13 ARTICLE 27. MILEAGE 27.1 Employees of the School District under policy adopted by the Board of Education may be • reimbursed for the use of their automobiles for school business. To be eligible for such reim6ursement, employees must receive authorization from the District Mileage Committee utilizing one of the foliowing plans: PLAN "A" is reimbursed at the current Board approved rate or 31¢ per mile, whichever is greater. In addition, a maximum amount that can be paid per month is established by an estimate fumished by the employee and the employee's supervisor. Another consideration for estabiishing 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. ARTICLE 28. SAFETY 28.1 Accident and injury-free operations shall be the goal of the Employer and employees. To this end, the Employer and empioyees wiil, to the best of their ability, abide by and live up to the requirements of the several state and federal Construction Safety Codes and Regulatio�s. 28.2 To this end, the Employer shall from time to time issue rules or notices to his employees • regarding on-the-job safety requirements. Any employee violating such rules or notices shall be subject to disciplinary action. No employee may be discharged for refusing to work under unsafe conditions. 28.3 Such safety equipment as required by govemmental regulations shall be provided wfthout cost to the employee. At the Employer's option, the empioyees may be required to sign for safety equipment and shaii be obligated to retum same upon discharge, layoff, quit or other termination in comparable condftion as when issued, providing reasonable wear and tear. The Employer shatl have the right to withhold the cost of such safety equipment if not retumed. 28.4 The Employer agrees to pay $60.00 toward the cost of each pair of safety shoes purchased by an employee who is a member of this unit. The Employer shall contribute for the cost of up to one pair of shoes per year and shall not be responsible for any additional cost for any additional shoes thereafter. This reimbursement of $60.00 per pair of shoes shall be made only after investigation and approval by the immediate supervisor of that employee. This $60.00 per pair of shces contribution to be made by the Employer shall appiy to those employees who must wear protective shoes or boots for their employment. � 14 � ARTICLE 29. LEGAI SERVICES 29.'! Except in cases of malteasance in office or willful or wanton neglect of duty, or indifference to rights of others, the Employer shaii defend, save harmiess, and indemnify . an employee against tort claim or demand, whether groundless or otherwise, arising out of alleged acts or omission occurring in the performance or scope of the empioyee's duties. 29.2 Noiwithstanding the provisions of Section 29.1, the Employer ghall not be required to defend or indemnify any empioyee against personal liability or damages, costs or expenses (a) resufting from a ctaim, suit, verdict, finding, determination or judgment that <he employee has committed an intentional tort or torts, including but not limited to slander, libel, and/or other defamatory harms; or (b) arising out of cross claims, counterclaims, affirmative defenses and/or separate actions brought against such employee in response to or resulting from ciaims, allegations, demands or actions (whether or not litigation was actually commenced) brought, made or instituted by such employee. • 29.3 Notwithstanding the provisions of Section 29.1 or 29.2, the Employer may at its sole discretion defend an employee against allegations, ciaims, demands or actions wholiy or in part based on or arising out of claimed intentional torts, and in such cases, the empioyee consents to the extent lawfuily permitted to such representation without regard to actual or potential conflicts of interest. 29.4 Each employee, within twenty (20) days after receiving notice of (1) a tort claim or demand, action, suit or proceeding against him or her, (2) a judgmenf, verdict, finding or determination, either of which arises out of alleged or found acts or omissions occurring in the performance or scope of the employee's duties, shall notify the Employer by giving written notice thereof to the Employer's General Counsel. � 15 ARTICLE 30. DURATION AND PLEDGE 30.1 This Agreement shail become effective as of the date of signing, except as specificariy provided othervvise in this AgreemeM and shail remain in effect through the 30th day of Aprii 2002, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 30.2. 30.2 K either party desires to terminate or mod'rfy 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 expiretion date, provided that the Agreement may oniy be so terminated or mod'rfied effective as of the expiration date. 30.3 In consideration of the terms and conditions of employment estabiished by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances conceming its application or interpretation may be peacefuliy resoived, the parties hereby pledge that during the term of the Agreement: 30.3.1 The Union and the empioyees will not engage in, instigate or condone any conceRed action in which employees fail to repoK for duty, willfully absent themseNes from work, stop work, sfow down their work or abserrt themsetves in whole or part trom the full, faitMul perfortnance of their duties of employment. 30.32 The Employer wiii not engage in, instigate or condone any lockout of employees. 30.3.3 This constitutes a tentative AgreemeM between the parties that will be recommended by the Negotiations/Labor Relations Manager, but is subject to the approval of the Board of Education, and is also subject to retrfication by the Union. The parities agree and attest that this Agreement represents ihe full and complete understanding of the parties for the period of time herein spec'rfied by the signature of the following representatives for the Employer and the Union. W ITNESSES: INDEPENDEN7 SCHOOL DISTRICT UNITED ASSOCIATION OF PLUMBERS NO. 625 LOCAL NO. 34 � ��t'�� Business Manager ��L/�9 9 Dat iI: � � � � a �y� Date � APPENDIX A The classes of positions recognized by the Employer as being exclusively represented by the Union are as follows: Apprentice - Piumber Plumber Lead Plumber and other classes of positions that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. APPENDIX B � Tools of the trade: 6' Foiding rule u itI APPENDIX C C1 The total hourly cost to the Employer for wages plus any and all contributions or deductions stated in Appendix D of this Agreement shall not exceed the following amounts: Plumber Lead Plumber Effective Effective 5/1 /1999 SM /2000 $35.22 $36.83 $37.57 $39.28 Effective 5/1 /2001 �� (�) �1) C2 The total taxable hourly rate including wages and the vacation contribution in Appendix D and exciuding all other benefit costs and obligations in Appendix D, for regular and probationary employees appointed to the foliowing classes of positions shall be as follows: Effective 5/1 /1999 Plumber Lead Plumber $25.50 $27.73 C2A Tfie basic hourfy wage rates in lhis Appendix (C2A) are for comuensalion analvsis purposes onlv. These figures represent the portion of the Appendix C1 rates above specifically allocated to wages. These rates do NOT inctude taxable contributions and therefore should NOT be used for taxable payroll calculations. See Appendix C2 above for totai taxable payroll information. Effective Effective Effective 5/1/1999 5/1/2000 5/1/2001 Plumber Lead Plumber $21.71 $23.94 ��> Note For Appendix C7: The parties agree that for the third year of this Agreement, there will be a reopener to discuss wages and benefits only. The May 1, 2001, total hourly cost and distribution will be negotiated at that time. ` The May 1, 2000, hourly rates in Appendices C2, C2A and C3 shall be determined at a later date based on the allocation agreed to by the Employer and the Union of the May 7, 2000, total hourly cost stated in Appendix Ct. � The May t, 2001, hourly rates in Appendices C2, C2A and C3 shall be determined at a later date based on the allocation agreed top by the Employer and the Union of the May 1, 2001, total houdy cost determined for the third-year wage reopener. EHective Efifective 5/1/2000 5/1/2001 � C J �� iE:3 i APPENDIX C (continued) C3 The total taxable hourly rate inciuding wages and the vacation contribution in Appendix D for temporary employees appointed to the foliowing classes of posRions shall be: Effective Effective Effective 5/1/1999 5/1/2000 5/1/2001 Piumber $26.82 ` *' Lead Plumber $29•17 ` " • u If a temporary employee working in a title listed in this Appendix C3 becomes subject to the requirements of the Public Empioyees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the calculated hourly may change so the Employer's cost does not exceed the amounts listed in Appendix C1 above. C4 The basic hourly wage rates for the Apprentice ciass of positions: Apprentice 0 7 13 19 25 31 37 43 49 55 - 6 months .....................................50% of Plumber rate - 12 months ...................................55% of Piumber rate - 18 months ...................................60% of Plumber rate - 24 months ...................................65% of Plumber rate - 30 months ...................................70% of Plumber rate - 36 months ...................................75% of Plumber rate - 42 months ...................................80% of Plumber rate - 48 months ...................................85% of Plumber rate - 54 months ...................................90% of Piumber rate - 60 months ...................................95% of Plumber rate The totai compensation (wages and fringes) received by employees covered by this Agreement shall be equivalent in money to the totai package paid by the Empioyer to employees in comparable classifications in the Agreement between Local 34 and the Twin Cities Piping Industry 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 l.ocal 34 and any plumbing contractor affiliated or not affiliated with the 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 and which is less than the above totai package, such differences shall be immediately applicable to the total compensation paid to employees covered by this Agreement. � The May t, 2000, hourly rates in Appendices C2, C2A and C3 shall be determined at a later date based on the aliocation agreed to by the Employer and the Union of the April 26, 1997, total hourly cost stated in Appendix Ct. " The May t, 2001, hourly rates in Appendices C2, C2A and C3 shall be determined at a later date based on the ailocation agreed top by the Empioyer and the Union of the May 1, 2001, total houriy cost determined for the third-year wage reopener. 19 APPENDIX D Effective May 7, 1999, the Employer shall forward the amounts designated in this Appendix D for employees covered by this Agreement to depositories as directed by the Union and agreed to by the Empioyer: (�) (2) (3) (4) (5) (6) $3.79 per hour for ali hours worked from which all appropriate payroll deductions have been made to a Union-designated Credit Union Vacation Fund. $3.28 per hour for all hours worked to a Union-designated Health and Welfare Fund. $2.19 per hour tor all hours worked to a Union-designated Pension Fund. $2.69 per hour for all hours worked to a Union-designated Annuitv Fund. $.19 per hour for all hours worked to a Union-designated Joumevman and Aoorenticeshi� Traininq Fund. $.05 per hour for all hours worked to a Union-designated Intemational Traininq Fund. The Employer shall make legally established non-negotiated pension contributions to PERA. Changes in the mandated PERA rate may change the calculated hourly base rate of pay so the employer's cost does not exceed the amounts listed in Appendix C1 above. All contributions made in accordance with this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix C1. The Appendix D amounts shall be forwarded to the Twin CiN Pipe Trades Service Association. The Employer shaii establish Workers' Compensation and Unempioyment Compensation programs as required by Minnesota Statutes. Employees covered by this Agreement shall not be eligible for, governed by or accumulate vacation, sick leave, holiday, funerai leave, jury duty or insurance fringe benefits that are or may be established by Personnel Rules Council Ordinance or Council Resolutions. The Employer's fringe benefft obligation to employees is limited to the contributions and/or deductions estabiished by this Agreement. The actual levei of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. C� f 1 u � 20 � u , � • A Absences From Work ..................................8 Apprentice Wage Rates ............................19 C CaliBack .....................................................5 Ciasses of Positions ..................................17 D Depositories As Directed by the Uniort......20 Discharge..................................................10 Discipline .....................................................8 Dispute Concerning the Performance or Assignment of Work ..............................10 E Employer Rights ..........................................1 F Failure to Report for Duty ..........................10 Fringe Benefits ............................................6 G Grievance ............................................11, 12 H Health Insurance Premium Contributions....6 HolidayPay ..................................................7 Holiday Pay for the Labor Day Holiday........7 Holidays.......................................................7 Hourly Rate of Pay .....................................18 Hours of Work .............................................4 J Job Safety Requirements ..........................14 J u risdiction .................................................10 L Lead Plumber ..............................................6 Legai Services ...........................................15 INDEX 21 M Mileage .................................... N Nondiscrimination .................... O Overtime .................................. P Probationary Periods ............... R Resignation .............................. S Safety ....................................... Se n i o rity ................................... Separation From Employment. Severability .............................. S u bcontracti ng ......................... T Tools........................................ U Union Rights ............................ W Wage Rates ............................. Wages ..................................... Waiver ...................................... Work Location .......................... Wo rkd ay ................................... W orkweek ................................ .........14 .........13 ...........4 ...........3 .........10 14 ..9 10 13 13 10, 17 .2 ..18 ....5 ..13 ....5 ....4 ....4 Council File # � ` � 1� ` �`dNIJ1� Presented b} Referred To 1 2 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 63981 �, Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1999-2002 Employment Agreement between the Independent School District No. 625 and the United 3 Association of Plumbers Loca134. � DEPARTMENT/OFFICE/COUNCIG: DATE INI'CIATED GREEN SHEET No.: 63981 99 l ��L LABOR RELATTONS July 30, 1999 CONTACI' PERSON & PHONE: p i�itT�nunA'f'e milTTAiJDA1'E NLIE KRAUS 266-6488 p�ICN � D�rnx�rn�N"r D�R. a crrr cour�ciL NUMBER Z GTTY A1TORNEY CITY CLERK FOR BUDGEC DIR � FIN. & MG'I. SERVICE DIR. MUST BE ON COUNCIL AGENDA BY (DATE) R�D1 3 MAYOR (OR ASST.) ORDEA TOTAL 8 OF SIGNAT[JRE PAGES_I (CLIP ALL LOCA170NS FOR SIGNATIJRE) � ncczox xEQU�sx�n: This resolution approves the attached 1999-2002 Employment Agreement between the Independent School District No. 625 and the United Association of Plumbers Locai Union No. 34. RECOMMENDAIIONS: Approve (A) or Rejec[ (R) PERSONAL SERVICE CONTRACI'S Mi1ST ANSWER THE FOLLOWING QUESTIONS: PLANNING COMMISSION CIVIL SERVICE COMbIISSION 1. Has this person/firtn ever worked under a contract for this department? CIB COMMITTEE Yes No STP.FF � 2. Has this person/firtn ever been a city employee? DISTRICT COURT Ycs No SUPPORTS WHICH COIJNCIL OBIECTIVEI 3. Does this persoNfimi possess a skili not normaily possessed by any curtent city employeeT Yes No Ezplain all yes answers oo separate sheet and attach to green sheet INI'17ATING PROBLEM, ISSUE, OPPORI'UNS'1'Y (Whq What, When, Where, Why): ADVANTAGES IF APPROVED: This Agreement pertains to Boazd of Education employees only. DISADVANTAGESIFAPPROVED: F ,� •Y �, �,; � ,.., �'�A�J 1J � �1�� DISADVAN'I'AGES IF NOT APPROVED: , . ._ ' .w _. .,.b l. TOTAL AMOUNT OF TRANSACTION: WST/REVENUE BUDGETED: F[7NDING SOURCE: ACTIVITY NUMBER: FINANCiAL INFORMATION: (EXPLAII� INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION p�c� �7 0��:�' SAINT PAUL PUBLIC SCHOOLS DATE: June 22, 1999 TOPIC: Approval of an Employment Agreement With United Association of Plumbers, Local 34, to Establish Terms and Conditions of Employment for 1999-2002 A. PERTINENT FACTS: 1. New Agreement is for the three-year period May 1, 1999 through April 30, 2002. 2. The ianguage provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 3. The District has seven regular F.T.E. in this bargaining unit. 4. Wage and benefits changes reflect prevailing wage for the industry. The third year will be a reopener for wages only. 5. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager; Richard Kreyer, Negotiations/Labor Relations Manager; and William Larson, Deputy Superintendent of Operations B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom United Association of Plumbers, Locai 34, is the exclusive representative; duration of said Agreement is for the period of May 1, 1999 through April 30, 2002. • u � �, I u ARTICLE Article 1. Article 2. Article 3. Article 4. Article 5. Article 6. Article 7. Article 8. Article 9. Article 10. Article 11. Article 12. Article 13. Article 14. Article 15. Article 16. Article 17. Article 18. Article 19. Article 20. Article 21. Article 22. Article 23. Articie 24. Article 25. Article 26. Article 27. Article 28. Article 29. Article 30. TABLE OF CONTENTS T1TLE PAGE Preamble ................................................................................................................ v Purpose..................................................................................................................1 Recognition............................................................................................................. i Employer .....................................................................................................1 Union Rights ...........................................................................................................2 Scope the Agreement .........................................................................................2 Probationary ..............................................................................................3 Philosophy of Employment And Compensation .....................................................3 Hoursof Work ........................................................................................................4 Overtime.................................................................................................................4 CallBack ................................................................................................................5 WorkLocation ........................................................................................................5 Wages ....................................................................................................................5 FringeBenefits .......................................................................................................6 Selection of Lead Plumber .....................................................................................6 Holidays..................................................................................................................7 Discipiinary Procedures ..........................................................................................8 Absences Work .............................................................................................8 Sen i o rity .................................................................................................................. 9 Jurisdiction............................................................................................................ i0 Separation............................................................................................................10 To o i s .....................................................................................................................10 Grievance Procedure ............................................................................................11 Rightof Subcontract .............................................................................................13 Nondiscrimination.................................................................................................13 Severability ...........................................................................................................13 W aiver ..................................................................................................................13 Mileage .................................................................................................................14 Safety ...................................................................................................................14 LegalServices ......................................................................................................15 Durationand Pledge .............................................................................................16 Appendix A........... Appendix B........... Appendix C .......... Appendix D .......... I n d e x ........................ .......... 17 .......... 17 .. 18, 19 .......... 20 .......... 21 � � � . PREAMBLE This Agreemeni is entered into between )ndependent School District No. 625, hereinafter referred to as the Employer, and the UnRed Association Piumbers Local 34, hereinaRer referred to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of Independent School District No. 625 for the benefit of the general public through effective Iabor-management cooperatio�. The Empioyer and the Union both realize that Yhis goal depends no! only on the words in 2he Agreement but rather primarily on attitudes between people at all levels of responsibiiiiy. Constructive attitudes of the Employer, the Union, and the individual employees wiil best serve the needs of the general pubiic. . ARTICLE 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is Yo: 1.1.1 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee pertormance that is consistent with the safety and weii being of ali concemed; 1.1.2 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; 1.1.3 Establish procedures to orderly and peacefuily 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 suppiement 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 25 (Severebility). ARTICLE 2. RECOGNITION � 2.1 The Empioyer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regutar, probationary, and temporary employed in the classes of positions defined in 2.2 as certified bythe Bureau of Mediation Services in accordance with Case No. 9i-PCL-2011 dated July 25, 1990. 22 The classes of positions recognized as being exclusively represented by the Union are as listed in Appendix A. AR7ICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage ali manpower, iacilities, and equipment; to estabiish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizationai structure; to select, direct, and determine the number of personnel; and to pertorm any inherent managerial function not specitically limited by this Agreement. 32 Any "term or condition of employment" not estabiished by this Agreement shall remain with the Employer to eliminate, modity or establish following written notiiication to the Union. . ARTICLE 4. UNION RIGHTS � 4.1 The Employer shall deduct from the wages of employees who authorize such a deduciion in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1.1 The Empioyer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. 4.1.2 The Union shaii indemnify and save harmless the Employer from any and all claims or cfiarges made againsl the Employer as a resuri of the implementation of this Article. 42 The Union may designate one (1) empioyee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the right and responsibilities as designated'm Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Employer where empioyees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement estabiishes the "terms and conditions of employment" defined by • M. S. 179A.03, Subdivision 19, for all employees exclusively represented by the Union. This Agreement shail supersede such 'Yerms and conditions of empfoyment" established by Civil Service Rule, Council Ordinance, and Council Resolution. � • i � ARTICLE 6. PROBATIONARY PERIODS 6.1 Ail personnel, originally hired or rehired following separation, in a regular employment siatus shall serve a six (6)-month probationary period during which time the employee's fitness and ability to perform the ciass of positions' duties and responsibilities shall be evaluated. 6.1.1 At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.1.2 An employee terminated during the probationary period shaii 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 shaii serve a six (6)-month promotional probationary period during which time the empioyee's fitness and ability to perform the ciass of positions' duties and responsibilities shall be evaluated. 6.2.1 At any time during the promotional probationary period an empioyee may be demoted to the employee's previously-held class of positions at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.22 An employee demoted during the promotional probationary period shall be returned to the employee's previousiy held class of positions and shaii receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTfCLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The Empioyer and the Union are in full agreement that the philosophy of employment and compensation shail be a"cash" hourly wage and `industry' fringe benefit system. 72 7.3 The Employer shall compensate empioyees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages) and Article 13 (Fringe Benefits). No other compensation or fringe be�efit shall be accumulated or earned by an employee except as specifically provided for in this Agreement. ARTICLE 8. HOURS OF WORK 8.1 The normal workday shal! be eight (8) consecutive hours per day, excluding a thicty (30)- minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 8.2 The nortnal workweek shaA be five (5) consecutive normal workdays Monday through Friday. 8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a workweek of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts and/or workweeks. 8.4 � [� This section shail not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal workweek. 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 workday unless otherwise directed by their supervisor. All employees are subject to cali back by the Employer as provided by Article 10 (Call Back). 8.7 Employees reporting for work at the established starting time and for whom no work is available 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 workday. ARTICLE 9. OVERTIME 9.1 Time on the payroli in excess of the normal hours set forth above shall be "overtime work" and shali be done only by order of the head of the department. An employee shali be recompensed for work done in excess of the normal hours by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such overtime work. The basis on which such overtime shall 6e paid shall be determined solely by the Employer. 9.2 � 9.4 The rate of one and one-half (1-1/2) the basic hourly rate shall be the overtime rate for work performed under the following circumstances: 9.2.1 Time worked in excess of eight (8) hours in any one normal workday, and 92.2 Time worked in excess of 4Q hours in a seven (7)-day period. For the purpose of calculating overtime compensation, overtime hours worked shall not be "pyramided," compounded or paid twice for the same hours worked. Overtime hours worked as provided by this Article shall be paid in cash or compensatory time as determined by the Employer. • • � • • • ARTICLE 10. CALL BACK i0.1 The Empfoyer retains the right to call back empioyees before an employee has started a normal workday or normai workweek and after an empioyee has completed a normai workday or nortnal workweek. 10.2 Empioyees cailed back shall receive a minimum of four (4) hours of 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 applicabie, and subject to the minimum established by 10.2 above. 10.4 Employees cailed back four (4) hours or less prior to their normal workday shall complete the normal workday and be compensated only for the overtime hours worked in accordance with Article 9 (Overtime). ARTICLE 11. WORK LOCATION 11.1 Employees shall report to work locations as assigned by a designated Employer supervisor. During the normai workday, employees may be assigned to other work focations at the discretion of the Employer. S 1.2 Employees assigned to work locations during the normal workday other than their original assignment, and who are required to furnish fheir own transportation, shall be compensated for mileage as set forth in Article 27 (Mileage). ARTICLE 12. WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Regular employees shaii be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions andlor deductions made on their behalf as provided for byArticle 13 (Fringe Benefits). 12.3 Temporary employees 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). 5 ARTICLE 13. FRINGE BENEFITS 13.1 The Employer shall make contributions on behaff of and/or make deductions from the wages of empioyees covered by this Agreement in accordance with Appendix D for all hours worked. 13.2 Temporary, probationary, and regular employees shall be eligible for a paid holiday for Labor Day, the first Monday in September. 13.3 The Employer will for the period of this Agreement provide, for those employees who were eligible for the Employer's HeaRh and Welfare Plan and who have retired since September 1, 1974, such heaNh insurance premium contributions up to ihe same dollar amounts as are provided by the Employer at the date of early retirement and the cost of premium contributions toward $5,000 life insurance coverage until such employees reach sixty-five (65) years of age. tn order to be eligible for the premium contributions under the provision 13.3 and 13.4 the employee must: 13.3.1 13.32 Be receiving benefRs from a public employee retiree act at the time of retirement. Have severed the employment relationship with the City of Saint Paul and/or Independent School District No. 625 under one of the early retiree plans. 13.3.3 Inform the Human Resource Department of fndependent School District No. 625 and Human Resources Office of the City of Saint Paul in writing within sixty (60) days of employee's early retirement date that he or she wishes to be eligible tor early retiree insurance benefits. 13.4 For an employee who retired before the execution of this Agreement at age sixty-five (65) or later and who meets the criteria in 13.3, or for early retirees who qualified under 13.3 and have reached age sixty-five (65) after retirement, the Employer will provide payment of premium for a Medicare supplement health coverage policy selected by the Employer. ARTICLE 14. SELECTION OF LEAD PLUMBER 14.1 14.2 14.3 14.4 The selection of personnef for the class of positions Lead Plumber shall remain solely with the Employer. The class of positions Lead Plumber shall be filled by employees of the bargaining unit on a "temporary assignment" All 'Yemporary assignments' shall be made only at the direction of a designated Employer supervisor. Such 'Yemporary assignments" shall be made only in cases where the cfass of positions is vacant for more than one (1) normal workday. • . . • ARTICLE 15. HOLIDAYS 15.1 The foilowing nine (9) days shall be designated as unpaid holidays (except Labor Day as noted in Article 132): New YeaPs Day Martin Luther King, Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day DayAfterThanksgiving Day Christmas Day • January 1 Third Monday In January Third Monday in February Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25. 152 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the foilowing Monday shaii be considered the designated holiday. When any of these three (3) holidays fails on a Saturday, the preceding Friday shail be considered the designated holiday. 15.3 The nine (9) holidays shall be considered non-workdays. 15.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, empioyees may be scheduied or °calied back" in accordance with Article 10 (Call Back). 15.5 Employees called in to work on a designated holiday shall be compensated at the rate of two (2} times the basic hourly rate for att fiours worked. 1 S.6 If Martin Luther King, Jr. Day or Presidents' Day fails on a day when school is in session, the empioyee shall work that day at straight time and another day shail be designated as the holiday. This designated holiday shall be a day determined by agreement between the employee and his supervisor. 15.7 If Martin Luther King Jr. Day, Presidents' Day or the Day After Thanksgiving falis on a day when school is not in session, that day will normally be an unpaid holiday. If the Employer schedules work on such days, employees will be offered an opportunity to work that day at the straight-time rate and will not be required to take another day off to repiace the holiday. If the employee is called in on such day, they wi!) be calied in accordance with ARicle 10 and paid as in 15.5. 15.8 In order to be eligibie for hoiiday pay tor the Labor Day Holiday, empioyees who are on active payroii status preceding and foibwing the Labor Day Holiday shail receive pay for the Labor Day Holiday. 15.9 Employees working on Labor Day shall be recompensed for work done on this day by being granted compensatory time on a time and one-hatf basis or by being paid on a time and one-half basis for such hours worked, in addition to the regular pay. • ARTICLE 16. DISCIPLINARY PROCEDURES 16.1 16.2 The Employer shall have the right to impose disciplinary actions on employees for just cause. Disciplinary actions by the Employer shall include only the foliowing actions: 16.2.1 Oral reprimand; t6.22 Written reprimand; 162.3 Suspension; 1&.2.4 Demotion; 162.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under Minnesota Statute § 179A20, Subd. 4, and thereby shall have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Article 22 (Grievance Procedure). Once an employee or the Union in the employee's behalf initiates review of an action, that matter shali not again 6e reviewed in another forum. Oral reprimands shall not be subject to the grievance review process. ARTICLE 17. ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal workday have the responsibility to nofify their supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 172 17.3 Failure to make such notification may be grounds for discipline as provided in Article 16 (Disciplinary Procedures). Failure to report for work without notification for three (3) consecutive normai workdays may be considered a"quit" by the Empioyer on the part of the employee. • • � u ARTICLE 18. SENIORITY 18.1 Effective May 1, 1993, for the purpose of this Article, the terms shall be defined as follows: 18.1.1 The term, "Employer,' shall mean independent School District No. 625, Saint Paul Public Schools. 18.12 The term, "Master Seniority," shall mean the length of continuous regular and probationary service with the Empioyer from the date an employee was first appointed to any class titie with the Employer covered by this Agreement. 18.1.3 The term, °Class Seniority' shall mean the length of continuous regular and probationary service with the Employer from the date an empioyee was first appointed to a position with the Empioyer in a ciass title covered by this Agreement. This section 18.1.3 is intended to mean that on or after May 1, 1993, an employee who is newiy hired to the Empioyer (District), no matter ovhat the person's prior experience or how hired by the District, will have his/her class seniority start at zero on the day of appointment to a School District position in that titte and senioriry will begin to be caiculated from that date. An emp(oyee's Class Seniority does not revert to zero following recail from an Employer initiated layoff within the twenty-four (24) month recall rights period specified in 18.4. This definition of cfass seniority will be used for all layoff decisions. 18.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a • leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unciassified service of the Employer or to an eiected or appointed full-time position with the Union. 18.3 Seniority shap terminate when an emp)oyee retires, resigns or is discharged. 18.4 In the event it is determined by the Empioyer that it is �ecessary to reduce the workforce, employees wil! be laid off by class title within each Department based on inverse tength of "Class Seniority." Employees laid off by the Employer shall have the right to reinstatement in any lower-paid class title previously held which is covered by this Agreement, provided the employee has greater °Ctass Seniorit�' than the employee being replaced. Recail from layoff shall be in inverse order of layoff, except that recall rights shall expire after twenty-four (24) months from the last day of work preceding the layoff. No other Civil Service recall rights to this Employer shall appiy. This provision does not address any rights the empioyee may have to be recalled to any other employer. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Senioriry," subject to the approvai of the Employer. • ARTICLE 19. JURISDICTION 19.1 Disputes conceming work jurisdiction between and among a union is recognized as an appropriate subject to determination by the various unfons representing employees of the Empioyer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 19.3 In the event of a dispute conceming the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possi6le to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 19,4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 19.2 and t9.3 above shall be subject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resutting from a work assignment. ARTICLE 20. SEPARATION 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 20.1.1 20.1.2 20.1.3 Resionation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to ihe effective date of the resignation. Discharqe. As provided in Article 16. Failure to Reoort for DuN. As provided in Articfe 17. 202 Employees having a temporary employment status may be terminated at the discretion of the Employer before the completion of a normal workday. ARTICLE 21. TOOLS 21.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. . . � 10 C� � ARTtCLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shali 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. 22.2 It is recognized and accepted by #he Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shail therefore be accomplished during working hours only when consistent wfth 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 Empioyer. 22.3 The procedure established by this Article shall, excepi as previously noted in Anicle 16 (Discipiinary Procedures), be the sole and exclusive procedure, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances shall be resolved in conformance with the 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 informai basis wRh the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informai 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(sj 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 ihe first occurrence of the event giving rise to the grievance or within the use of reasonable diligence shouid have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Steo2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resoive the grievance. if, as a result of this meeting, the grievance remains unresoived, the Empioyer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. � 11 ARTICLE 22. GRIEVANGE PROCEDURE (continued) Step 3. WRhin seven (7) calendar days foliowing receipt of a grievance referred from Step 2, a designated Employer Supervisor shall meet with the Union Business Manager or a 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 conceming 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 (� calendar days foilowing receipt of the EmployePs answer shall be considered waived. Step 4. if the grievance remains unresoived, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbftrator within ihe said seven (7)-day period, either party may request tfie Bureau of Mediation Services 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 (1st) name; the Employer shall then strike one (1) name. The process wili be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have no right ta amend, mod'rfy, 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 shail be without power to make decisions contrary to or inconsisteM with or moditying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses ior the arbitrators services and proceedings shafl 6e borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and wftnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing ft pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. . • � 12 • • u ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 The Emptoyer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of the workforce covered by this Agreement, the Employer shali give the Union a ninety (90)-calendar day notice of the intention to subcontract. 232 The subcontracting of work done by the employees covered by this Agreement shall in ali cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NONDISCRIMINA710N 24.1 The terms and conditions of this Agreement will be apptied to employees equally without regard to or discrimination for or against, any individuai because of race, color, creed, sex, age or because of inembership or nonmembership in the Union. 24.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 25. SEVERABILITY 25.1 in the event that any provision(s) of this Agreement is declared to be cohtrary 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. 25.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative or judicial determination. ARTICLE 26. WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposais with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. 262 Therefore, the Empfoyer 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 Empioyer may, however, mutually agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of empioyment, to the extent they are inconsistent with this Agreement, are hereby superseded. 13 ARTICLE 27. MILEAGE 27.1 Employees of the School District under policy adopted by the Board of Education may be • reimbursed for the use of their automobiles for school business. To be eligible for such reim6ursement, employees must receive authorization from the District Mileage Committee utilizing one of the foliowing plans: PLAN "A" is reimbursed at the current Board approved rate or 31¢ per mile, whichever is greater. In addition, a maximum amount that can be paid per month is established by an estimate fumished by the employee and the employee's supervisor. Another consideration for estabiishing 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. ARTICLE 28. SAFETY 28.1 Accident and injury-free operations shall be the goal of the Employer and employees. To this end, the Employer and empioyees wiil, to the best of their ability, abide by and live up to the requirements of the several state and federal Construction Safety Codes and Regulatio�s. 28.2 To this end, the Employer shall from time to time issue rules or notices to his employees • regarding on-the-job safety requirements. Any employee violating such rules or notices shall be subject to disciplinary action. No employee may be discharged for refusing to work under unsafe conditions. 28.3 Such safety equipment as required by govemmental regulations shall be provided wfthout cost to the employee. At the Employer's option, the empioyees may be required to sign for safety equipment and shaii be obligated to retum same upon discharge, layoff, quit or other termination in comparable condftion as when issued, providing reasonable wear and tear. The Employer shatl have the right to withhold the cost of such safety equipment if not retumed. 28.4 The Employer agrees to pay $60.00 toward the cost of each pair of safety shoes purchased by an employee who is a member of this unit. The Employer shall contribute for the cost of up to one pair of shoes per year and shall not be responsible for any additional cost for any additional shoes thereafter. This reimbursement of $60.00 per pair of shoes shall be made only after investigation and approval by the immediate supervisor of that employee. This $60.00 per pair of shces contribution to be made by the Employer shall appiy to those employees who must wear protective shoes or boots for their employment. � 14 � ARTICLE 29. LEGAI SERVICES 29.'! Except in cases of malteasance in office or willful or wanton neglect of duty, or indifference to rights of others, the Employer shaii defend, save harmiess, and indemnify . an employee against tort claim or demand, whether groundless or otherwise, arising out of alleged acts or omission occurring in the performance or scope of the empioyee's duties. 29.2 Noiwithstanding the provisions of Section 29.1, the Employer ghall not be required to defend or indemnify any empioyee against personal liability or damages, costs or expenses (a) resufting from a ctaim, suit, verdict, finding, determination or judgment that <he employee has committed an intentional tort or torts, including but not limited to slander, libel, and/or other defamatory harms; or (b) arising out of cross claims, counterclaims, affirmative defenses and/or separate actions brought against such employee in response to or resulting from ciaims, allegations, demands or actions (whether or not litigation was actually commenced) brought, made or instituted by such employee. • 29.3 Notwithstanding the provisions of Section 29.1 or 29.2, the Employer may at its sole discretion defend an employee against allegations, ciaims, demands or actions wholiy or in part based on or arising out of claimed intentional torts, and in such cases, the empioyee consents to the extent lawfuily permitted to such representation without regard to actual or potential conflicts of interest. 29.4 Each employee, within twenty (20) days after receiving notice of (1) a tort claim or demand, action, suit or proceeding against him or her, (2) a judgmenf, verdict, finding or determination, either of which arises out of alleged or found acts or omissions occurring in the performance or scope of the employee's duties, shall notify the Employer by giving written notice thereof to the Employer's General Counsel. � 15 ARTICLE 30. DURATION AND PLEDGE 30.1 This Agreement shail become effective as of the date of signing, except as specificariy provided othervvise in this AgreemeM and shail remain in effect through the 30th day of Aprii 2002, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 30.2. 30.2 K either party desires to terminate or mod'rfy 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 expiretion date, provided that the Agreement may oniy be so terminated or mod'rfied effective as of the expiration date. 30.3 In consideration of the terms and conditions of employment estabiished by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances conceming its application or interpretation may be peacefuliy resoived, the parties hereby pledge that during the term of the Agreement: 30.3.1 The Union and the empioyees will not engage in, instigate or condone any conceRed action in which employees fail to repoK for duty, willfully absent themseNes from work, stop work, sfow down their work or abserrt themsetves in whole or part trom the full, faitMul perfortnance of their duties of employment. 30.32 The Employer wiii not engage in, instigate or condone any lockout of employees. 30.3.3 This constitutes a tentative AgreemeM between the parties that will be recommended by the Negotiations/Labor Relations Manager, but is subject to the approval of the Board of Education, and is also subject to retrfication by the Union. The parities agree and attest that this Agreement represents ihe full and complete understanding of the parties for the period of time herein spec'rfied by the signature of the following representatives for the Employer and the Union. W ITNESSES: INDEPENDEN7 SCHOOL DISTRICT UNITED ASSOCIATION OF PLUMBERS NO. 625 LOCAL NO. 34 � ��t'�� Business Manager ��L/�9 9 Dat iI: � � � � a �y� Date � APPENDIX A The classes of positions recognized by the Employer as being exclusively represented by the Union are as follows: Apprentice - Piumber Plumber Lead Plumber and other classes of positions that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. APPENDIX B � Tools of the trade: 6' Foiding rule u itI APPENDIX C C1 The total hourly cost to the Employer for wages plus any and all contributions or deductions stated in Appendix D of this Agreement shall not exceed the following amounts: Plumber Lead Plumber Effective Effective 5/1 /1999 SM /2000 $35.22 $36.83 $37.57 $39.28 Effective 5/1 /2001 �� (�) �1) C2 The total taxable hourly rate including wages and the vacation contribution in Appendix D and exciuding all other benefit costs and obligations in Appendix D, for regular and probationary employees appointed to the foliowing classes of positions shall be as follows: Effective 5/1 /1999 Plumber Lead Plumber $25.50 $27.73 C2A Tfie basic hourfy wage rates in lhis Appendix (C2A) are for comuensalion analvsis purposes onlv. These figures represent the portion of the Appendix C1 rates above specifically allocated to wages. These rates do NOT inctude taxable contributions and therefore should NOT be used for taxable payroll calculations. See Appendix C2 above for totai taxable payroll information. Effective Effective Effective 5/1/1999 5/1/2000 5/1/2001 Plumber Lead Plumber $21.71 $23.94 ��> Note For Appendix C7: The parties agree that for the third year of this Agreement, there will be a reopener to discuss wages and benefits only. The May 1, 2001, total hourly cost and distribution will be negotiated at that time. ` The May 1, 2000, hourly rates in Appendices C2, C2A and C3 shall be determined at a later date based on the allocation agreed to by the Employer and the Union of the May 7, 2000, total hourly cost stated in Appendix Ct. � The May t, 2001, hourly rates in Appendices C2, C2A and C3 shall be determined at a later date based on the allocation agreed top by the Employer and the Union of the May 1, 2001, total houdy cost determined for the third-year wage reopener. EHective Efifective 5/1/2000 5/1/2001 � C J �� iE:3 i APPENDIX C (continued) C3 The total taxable hourly rate inciuding wages and the vacation contribution in Appendix D for temporary employees appointed to the foliowing classes of posRions shall be: Effective Effective Effective 5/1/1999 5/1/2000 5/1/2001 Piumber $26.82 ` *' Lead Plumber $29•17 ` " • u If a temporary employee working in a title listed in this Appendix C3 becomes subject to the requirements of the Public Empioyees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the calculated hourly may change so the Employer's cost does not exceed the amounts listed in Appendix C1 above. C4 The basic hourly wage rates for the Apprentice ciass of positions: Apprentice 0 7 13 19 25 31 37 43 49 55 - 6 months .....................................50% of Plumber rate - 12 months ...................................55% of Piumber rate - 18 months ...................................60% of Plumber rate - 24 months ...................................65% of Plumber rate - 30 months ...................................70% of Plumber rate - 36 months ...................................75% of Plumber rate - 42 months ...................................80% of Plumber rate - 48 months ...................................85% of Plumber rate - 54 months ...................................90% of Piumber rate - 60 months ...................................95% of Plumber rate The totai compensation (wages and fringes) received by employees covered by this Agreement shall be equivalent in money to the totai package paid by the Empioyer to employees in comparable classifications in the Agreement between Local 34 and the Twin Cities Piping Industry 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 l.ocal 34 and any plumbing contractor affiliated or not affiliated with the 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 and which is less than the above totai package, such differences shall be immediately applicable to the total compensation paid to employees covered by this Agreement. � The May t, 2000, hourly rates in Appendices C2, C2A and C3 shall be determined at a later date based on the aliocation agreed to by the Employer and the Union of the April 26, 1997, total hourly cost stated in Appendix Ct. " The May t, 2001, hourly rates in Appendices C2, C2A and C3 shall be determined at a later date based on the ailocation agreed top by the Empioyer and the Union of the May 1, 2001, total houriy cost determined for the third-year wage reopener. 19 APPENDIX D Effective May 7, 1999, the Employer shall forward the amounts designated in this Appendix D for employees covered by this Agreement to depositories as directed by the Union and agreed to by the Empioyer: (�) (2) (3) (4) (5) (6) $3.79 per hour for ali hours worked from which all appropriate payroll deductions have been made to a Union-designated Credit Union Vacation Fund. $3.28 per hour for all hours worked to a Union-designated Health and Welfare Fund. $2.19 per hour tor all hours worked to a Union-designated Pension Fund. $2.69 per hour for all hours worked to a Union-designated Annuitv Fund. $.19 per hour for all hours worked to a Union-designated Joumevman and Aoorenticeshi� Traininq Fund. $.05 per hour for all hours worked to a Union-designated Intemational Traininq Fund. The Employer shall make legally established non-negotiated pension contributions to PERA. Changes in the mandated PERA rate may change the calculated hourly base rate of pay so the employer's cost does not exceed the amounts listed in Appendix C1 above. All contributions made in accordance with this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix C1. The Appendix D amounts shall be forwarded to the Twin CiN Pipe Trades Service Association. The Employer shaii establish Workers' Compensation and Unempioyment Compensation programs as required by Minnesota Statutes. Employees covered by this Agreement shall not be eligible for, governed by or accumulate vacation, sick leave, holiday, funerai leave, jury duty or insurance fringe benefits that are or may be established by Personnel Rules Council Ordinance or Council Resolutions. The Employer's fringe benefft obligation to employees is limited to the contributions and/or deductions estabiished by this Agreement. The actual levei of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. C� f 1 u � 20 � u , � • A Absences From Work ..................................8 Apprentice Wage Rates ............................19 C CaliBack .....................................................5 Ciasses of Positions ..................................17 D Depositories As Directed by the Uniort......20 Discharge..................................................10 Discipline .....................................................8 Dispute Concerning the Performance or Assignment of Work ..............................10 E Employer Rights ..........................................1 F Failure to Report for Duty ..........................10 Fringe Benefits ............................................6 G Grievance ............................................11, 12 H Health Insurance Premium Contributions....6 HolidayPay ..................................................7 Holiday Pay for the Labor Day Holiday........7 Holidays.......................................................7 Hourly Rate of Pay .....................................18 Hours of Work .............................................4 J Job Safety Requirements ..........................14 J u risdiction .................................................10 L Lead Plumber ..............................................6 Legai Services ...........................................15 INDEX 21 M Mileage .................................... N Nondiscrimination .................... O Overtime .................................. P Probationary Periods ............... R Resignation .............................. S Safety ....................................... Se n i o rity ................................... Separation From Employment. Severability .............................. S u bcontracti ng ......................... T Tools........................................ U Union Rights ............................ W Wage Rates ............................. Wages ..................................... Waiver ...................................... Work Location .......................... Wo rkd ay ................................... W orkweek ................................ .........14 .........13 ...........4 ...........3 .........10 14 ..9 10 13 13 10, 17 .2 ..18 ....5 ..13 ....5 ....4 ....4