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99-797�l`dNIJ1� Presented Referred To Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 1999-2002 Employment Agreement between the Independent School District No. 625 and the United 3 Association of Pipefitters Local Union No. 455. Requested by Department oE Office of Labor Relations � B �'�-�-�^� �- � Adopted by Council: Date � ��° Adoption Certified by Council Secretaiy By: a— , Approved by a or: Dat . a� `� By: a Council File # qq�� Green Sheet # 64042 RESOLUTION �TY OF SAINT PAUL, MINNESOTA � Form Ap oved by C' tt � By: ��\�l �-X �`t� q4 � DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET No.• 64042 `� _� � LABOR RELATIONS July 30, 1999 ' CONTACT PERSON & PAONE: q INrrl�unATE miTiAUnATE JLJLIE KRAUS 266-6488 p�IGN I DEPARTMbN'C DIR. 4 CITY COUNCIL NUMBER 2 CITY ATI'ORNEY CITY CLERK MUST BE ON COUNCIL AGENDA BY (DATE) R�U,1.ING 3 MAYOR (OR ASST.) � FIN. & MGT. SERVICE DIR ORDER TOTAL # OF SIGNATURE PAGES_I (CLIP ALL LOCATIONS FOR SIGNATURE) acr►ox xEQUESrEn: This resolution approves the attached 1999-2002 Employment Agreement between the Independent School District No. 625 and the United Association of Pipefitters Local Union No. 455. RECOMMENDAITONS: Approve (A) or Rejec[ (R) PERSONAI, SERVICE CONT'RACTS MUST ANSWER TEIE FOLLOWING QUESTIONS: � PLANNING COMMISSION CM[, SERVICE COMIvIISSION 1. Has this person/firtn ever worked under a wnvact for this degartrnent? CIB COMMITTEE Yes No STr1FF 2. Has this person/firm ever been a city employee? DISTRICT CAURT Yes No SUPPORTS WHICH Wi1NCIL OBJECTIVE? 3. Does this person/firtn possess a skill not nortnaliy possessed by any curten[ city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPOR'I'UNI1'Y (K'ho, What, When, Where, Why): ADVANTAGES iF APPROVED: MF�!.��+,:�ES �.^�,ti.`,,.�,�"a�.� , t'a: This Agreement pertains to Board of Education employees only. �� DISADVANTAGESIFAPPROVED: - - n' DISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACI'ION: COSTlREVENUE BUDGETED: FUNDING SOURCE: ACTIVI'I'Y NUMBER: FINANCIAi. INFORMATION: (EXPLAIN) INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION �� SAINT PAUL PUBLIC SCHOOLS � � � �� DATE: June 22, 1999 TOPIC: Approval of an Employment Agreement With United Association of Pipefitters, Local 455, to Establish Terms and Conditions of Employment for1999-2002 p. PERTINENT FACTS: ' 1. New Agreement is for the three-year period May 1, 1999 through April 30, 2002. 2. Contract changes are as foliows: Holidavs: Changed holiday language to provide uniformity with other district contracts. Milea e: Language wili be changed to read ". .. the current Board rate or $.31 per mile whichever is greater:' New Title The title of General Lead Pipefitter is created at $1.00 per hour over the rate of Lead Pipefitter. Waqes: Wage and benefit changes reflect prevailing wage for the industry. The third year will be a reopener for wages only. 3. The remaining language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has nine regular F.T.E. in this bargaining unit. 5. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager; Richard Kreyer, NegotiationslLabor Relations Manager; and Wif{iam Larson, Deputy Superintendent of Operations B. RECOMMENDATION: That the Board of Education of Independent School Disirict No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this schooi district for whom United Association of Pipefitters, Local 455, is the exclusive representative; duration of said Agreement is forthe period of May 1, 1999 through April 30, 2002. q�-��1 . . • \ • ARTICLE Article Article Article Article Article Articie Article Article Article Article Article Articie Articie Article Article A�ticle Articie Article Article Article Article Article Article Article Article Article Article Article 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. �1. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. TABLE OF CONTENTS TITLE PAGE Preamble................................................................................................................ v Purpose.................................................................................�--.......................---....1 Recognition ............................................................................................................. i Employer .....................................................................................................1 UnionRights ...........................................................................................................2 Scope of the Agreement .......................................................................................:.2 Probationary Periods ..............................................................................................3 Philosophy of Employment and Compensation ......................................................3 Hoursof Work ........................................................................................................4 Overti .................................................................................................................5 CallBack ................................................................................................................5 Work Location ........................................................................................................6 Wages ....................................................................................................................6 Fringe Benefits .......................................................................................................7 Selection of Lead Pipefitter, General Lead Pipefitter and Master Pipefitter...........7 Holidays ..................................................................................................................8 Disciplinary Procedures ..........................................................................................9 Absences From Work .............................................................................................9 Sen i o rity ................................................................................................................10 Jurisdiction............................................................................................................ t 1 Separation ............................................................................................................11 To o I s .....................................................................................................................11 Grievance Procedure ............................................................................................12 Rightof Subcontract .............................................................................................14 Non-Discrimination ...............................................................................................14 Severability ...........................................................................................................14 Waiver ..................................................................................................................15 Mi leag e .................................................................................................................15 Duration Pledge ............................................................................................16 Appendix ...........................................................................................................17 Appendix ...........................................................................................................17. Appendix ...............................................................................................18, 19, 20 Appendix ...........................................................................................................21 Index .....................................................................................................................22 � qq��q� � � • PREAMBLE This Agreement is entered into between Independent School District No. 625, hereinafter referred to as the Employer, and the United Association of Steamfitters-Pipefitters Local Union No. 455, hereinafter referred to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the Independent School District No. 625 for the benefit of the general public through effective labor-management cooperation. The Empioyer and the Union both reatize that this goai depends not only on the words in the Agreement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general pubiic. u q9-�q . ARTICLE 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1.1 Achieve orderiy and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and weli being of all concemed; 1.12 Set forth rates of pay, hours of work, and other condftions of employment as have been agreed upon by the Employer and the Union; 1.1.3 Estabiish procedures to orderly and peacefully resolve disputes as to the appiication or interpretation of this Agreement without loss of 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 legisiation, the latter shail prevail. The parties, on written notice, agree to negotiate that part in conflict so that it cor�forms to the statute as provided by Article 26 (Severability). ARTICLE 2. RECOGNITION • 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regufar, probationary, and temporary empioyed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL3066 dated November 22, 1989. 2.2 The classes of positions recognized as being exclusively represented by the Union are as listed in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Empioyer retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifically limfted by this Agreement. 3.2 Any "term or condition of employment" not estabiished by this Agreement shall remain with the Employer to eliminate, modify or establish foilowing written notification to the Union. � ARTICLE 4. UNION RIGHTS 4.1 4.2 The Employer shall deduct from the wages of emptoyees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shali be remitted as directed by the Union. 4.1.1 4.12 The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. The Union shall indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of this Article. The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such Employee shall have the rights and responsibilities as designated in Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Employer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employment° defined by Minnesota Statute § 179A.03, Subdivision 19, for all employees exclusively represented by the Union. This Agreemenf shait supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. • • � Pa �� . • i 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) month probationary period during which time the employee's fitness and ability to perform the ciass of posftions' duties and responsibilities shall be evaluated. ARTICLE 6. PROBATIONARY PERIODS 6.2 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 Articie 22 (Grievance Procedure). 6.1.2 An empioyee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. All personnel promoted to a higher class of positions shall serve a six (6)-month promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.2.1 At any time during the promotional probationary period an employee may be demoted to the empioyee's previously-held class of positions at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.2.2 An empioyee demoted during the promotional probationary period shall be returned to the employee's previously held class of positions and shall receive a written notice of the �easons for demotion, a copy of which shall be sent to the Union. ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 72 7.3 The Employer and the Union are in full agreement that the philosophy of empioyment and compensation shail be a"cash" houriy wage and "industry' fringe benefit system. The Empioyer shall compensate employees for all hours worked at the basic hourly wage rate and houriy fringe benefit rate as found in Articie 12 (Wages) and 13 (Fringe Benefits). No other compensation or fringe benefit shali be accumulated or earned by an employee except as specifically provided for in this Agreement. ARTICLE 8. HOURS OF WORK 8.1 82 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30)- minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. The normal workweek shall 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 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 8.5 � This Section shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal workweek. Ali employees shall be at the location designated by their supervisor, ready for work, at the estabiished starting time and shall remain at an assigned work location until the end of the established workday unless otherwise directed by their supervisor. Ali employees are subject to call back by the Employer as provided by Article 10 (Call Back). 8.7 Employees reporting for work at the established starting time and for whom no work is available shail receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous workday. 8.8 Stand Bv. Any Refrigeration, Gas and Oil Serviceworker who is required to be available for emergency service work on weekends and holidays shall be guaranteed work or wages and fringes equivalent to: 40 minutes for Friday nights 80 minutes for Saturday and Saturday night SO minutes for Sunday and Sunday night or 80 minutes for any holiday and holiday night of such 24-hour shift. All of the above at time and one-half rate. if the employee is called in for work, the above time shall be a part of, not in addition to, the time worked. • � . �� u . u ARTICLE 9. OVERTIME 9.1 All overtime compensated for by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim wili not be honored, even though shown on the time card, unless the required advance approval has been obtained. 9.2 The rate of one and one-haif (1-1/2) the basic hourly rate and fringes shaii be the oveRime rate for work performed under the following circumstances: 9.2.1 9.2.2 9.3 � Time worked in excess of eight (8) hours in any one normal workday, and Time worked in excess of 40 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 shail be paid in cash or compensatory time as determined by the Employer. ARTICLE 10. CALL BACK 10.1 The Employer retains the right to call back employees before an employee has started a normal workday or normal workweek and after an employee has completed a normai workday or normal workweek. 10.2 Employees called back shall receive a minimum ot 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 applicable, and subject to the minimum established by 102 above. 10.4 Employees cailed back four (4) hours or less, prior to their normal workday shall complete the normai workday and be compensated only for the overtime hours worked in accordance with Article 9 (Overtime). 67 AR7ICLE 11. WORK LOCATION 11.1 Empioyees shail report to work location as assigned by a designated Employer supervisor. During the normal workday, employees may be assigned to other work locations at the discretion of the Empioyer. 112 Empioyees assigned to work locations during the normal workday other than their original assignment, and who are required to furnish their own transportation, shail be compensated for mileage, as provided by Article 27 (Mileage). ARTICLE 12. WAGES 12.1 The basic hourly wage rates as established by Appendix C shail be paid for all hours worked by an employee. 122 Regular employees shaii be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (Fringe Benefits). � 12.3 Temporary empioyees shall be compensated in accordance with Article 12.1 (Wages) and have tringe benefit coniribufions and/or deduciions made in their behalf as provided for by Article 13 (Fringe Benefits). � � � �q,�q7 ARTICLE 13. FRINGE BENEFITS � 13.1 The Empioyer shaii make contributions on behalf of and/or make deductions from the wages of participating employees as defined in Article 12.3, 12.4, and 12.5 covered by this Agreement in accordance wRh Appendix D for ati hours workeci. 13.2 The Employer will for the period of this Agreement provide, for those employees who were `grandfathered" as eligible for the Employers Health and Welfare Plan and who have retired since April 1, 1975, such heaith insurance premium contributions up to the same dollar amounts as are provided by the Empioyer at the date of early retirement and the cost of premium contributions toward $5,000 life insurance coverage untii such empioyees reach sixty-five (65) years of age. In order to be eligible for the premium contributions under the provision 13.2 and 13.3 the employee must: 132.1 t322 Be receiving benefits from a public empioyee retiree act at the time of retirement. Have severed the emptoyment relationship with the City of Saint Paul a�dlor Independent Schooi District No. 625 under one of the early retiree plans. 13.2.3 Inform the Human Resource Department of Independent School District No. 625 and Personnet 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 for early retiree insurance benefits. • i3.3 An employee who retired at age sixty-five (65) or later and who met the crfteria in 13.2, or for early retirees who qualified under 13.2 and have reached age sixty-five (65) after retirement the Employer will provide payment of premium for a Medicare supplement health coverage policy selected by the Employer. ARTICLE 14. SELECTION OF LEAD PIPEFITTER, GENERAL LEAD PIPEFITTER, AND MASTER PIPEFITTER 14.1 142 14.3 14.4 • The selection of personnel for the ciass of position of Lead Pipefitter, General Lead Pipefitter and Master Pipefitter shall remain solely with the Employer. The class of position Lead Pipefitter, Generai Lead Pipefitter and Master Pipefitter shall be filled by employees of the bargaining unit on a`temporary assignment" Ali `Yemporary assignments" shalf be made onty at the direction of a desig�ated Employer supervisor. Such "temporary assignments" shall be made oniy in cases where the class of positions is vacant tor mose than one (1) normal workday. 7 ARTICLE �5. HOLIDAYS 15.1 The fotiowing nine (9) days shall be designated as holidays: New Yea�'s Day Martin Luther King Jr. Day Presidents' Day Memorial Day independence Day Labor Day Thanksgiving Day Day After Thanksgiving 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 Yea�s Day, Independence Day or Christmas Day falls o� a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shali be considered the designated holiday. 15.3 The nine (9) holidays shali be considered non-workdays. 15.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 10, Call Back. 15.5 Employees caf{ed in to work on a designated holiday sha4t be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 15.6 If Martin Luther King, Jr. Day or Presidents' Day fails on a day when school is in session, the employee shaii work that day at straight time and another day shall 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 falls on a day when school is not in session, that day will normaily be an unpaid holiday. If the Employer schedules work on such days, employees wiil be offered an opportunity to work that day at the straight-time rate and wit4 not be requ+red to take another day off to replace the holiday. If the employee is cailed in on such day, they will be called in accordance with Article 10 and paid as in 15.5. u � i qq.�a� • 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 Empioyer shall include only the followi�g actions: 16.2.i Oral reprimand; 16.2.2 Written reprimand; 162.3 Suspension; 162.4 Demotion; 162.5 Discharge. � • 16.3 EmpVoyees who are suspended, demoted or discharged shali retain all rights under Minnesota Statute § 179A.20, Subd. 4, and thereby shaii 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 shall not again be reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal workday have the responsibility to notify their supervisor of such absence as soon as possible, but in no event Iater than the beginning of such workday. 17.2 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 tor three (3) consecutive normal workdays may be considered a"quit" by the Employer on the part of the employee. ARTtCLE 18. SENtORiTY 18.t Seniority, for the purposes of ihis Agreement, shall be defined as foltows: 18,1.1 "Master Seniority' - The length of continuous reguiar and probationary service with the Emptoyer from the last date of employment in any and a!1 ctass titles covered by this Agreement. 18.1.2 "Class Seniority" - The length of continuous regular and probationary service with the Empioyer from the date an employee was first appointed to a class title covered by this Agreement. 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 iltness or injury; is granted to aftow an employee to accept an appointment to the unclassified service of the Empioyer or to an elected or appointed full-time position with the Union. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Empioyer that it is necessary to reduce the workforce, employees will be laid off by class title within each department based on inverse length of "Class Seniority.' Employees laid off shali have the right to reinstatement in any lower- paid class title, provided employee has greater "Master Seniority' than the employee being replaced. i8.5 The seleetion of vacation periods shail be made by class titie based on iength of `Class Seniority," subject to the approval of the Empioyer. � � � 10 c�q,�q� • • ARTICLE 19. dURiSDICTION 19.1 Disputes conceming work jurisdiction between and among unions are recognized as an appropriate subject for determination by the various unions representing employees of the Employer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions invoived. i9.3 tn the event ot a dispute conceming the pertormance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 19.4 Any empioyee refusing to perform work assigned by the Employer and as clarified by Sections 19.2 and 19.3 above shail be subject to discipiinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resuiting from a work assignment. AflTiCLE 20. SEPARATiON 20.1 Employees having a probationary or regular employment status shai( be considered separated from employment based on the following actions: 20.1.1 Resiqnation. Employees resigning from employme�t shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.12 Discharoe. As provided in Article 16. 20.1.3 Failure to Report for DuN. As provided in Article 17. • 20.2 Employees having a temporary employment status may be terminated at the discretion of the Empioyer before the completion of a normai workday. ARTICLE 21. TOOLS 2t.1 All employees shalt personatty provide themselves with the toots of the trade as listed in Appendix B. 11 ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievartce representative of the bargaining unit. The Union shal! notity the Employer in writing of the names of the Stewards and of their successors vuhen so named. 22.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent wiih such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed durfng working hours, provided the Steward and the empioyee have not'rfied and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 22.3 The procedure established by this Article shall, except as previously noted in Article 16 (Disciplinary Procedures), be the sole and exclusive procedure for ihe processing ot grievances, which are defined as an alleged violation of the terms and condftions of this Agreement. 22.4 Grievances sha(i be resoived in conformance with tfie following procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee invoived shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alfeged section(s) of the Agreement violated, and the relief requested. Any atieged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Ste�2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (� 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. � � • 12 q��1�� r • ARTICLE 22. GRIEVANCE PROCEDURE (continued) Steo 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business _ Manager or his designated representative and attempt to resolve the grievance. Wdhin seven (7) calendar days following this meeting, the Employer shall repiy in writing to the Union stating the Empfoye�'s answer conceming tfie grievance. ff, as a result of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employe�s answer shall be considered waived. Steo 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written no6ce 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. ti the parties fail to mutualfy agree upon an arbitrator within ihe said seven- (7) day period, either party may request the Bureau of Mediation Services to submit a panei of five (5) arbitrators. Both the Employer and the Union shaii have the right to strike two (2) names from ihe panel. The Union shall strike the first (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. • u 22.5 The arbitrator shatt have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide oniy the specific issue submitted in writing by the Employer and the Union and shali have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions comrary to or inconsistern with or modifying or varying in any way the appiication of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days 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 appiication of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equaliy by the Employer and the Union, provided that each party shall be responsible for compensating fts own representative and witnesses. if efther party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it 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. 13 ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. in the event that such contracting would result in a reduction of the workforce covered by this Agreement, the Employer shail give the Union a ninety (90)-calendar day notice of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by this Agreement shall in a!! cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRIMINATION 24.1 The terms and conditions of this Agreement will be applied to employees equally without regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or non-membership in the Union. 242 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities invotve other employees and the generat pubfic. ARTICLE 25. SEVERABILITY 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeai is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 252 The parties agree, upon written notice, to enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative or judicial determination. u • � 14 Qq,� q� . ARTICLE 26. WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and compietely set forth in this Agreement. 26.2 Therefore, the Employer and the Union for the duration of this Agreement agree ihat the other party shaii not be obligated to meet and negotiate over any term or condition of employment whether specifically covered or not specifically covered by this Agreement. The Union and Employer may, however, mutuaily agree to modify any provision ot 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 Agreeme�t, are hereby superseded. ARTICLE 27. MILEAGE 27.1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be eligible for such • reimbursement, employees must receive authorization from the District Mileage Committee utilizing one of the folfowing plans: PLAN "A" is reimbursed at the current Board rate or 31 ¢ per miie, whichever is greater. In addition, a maximum amount, which can be paid per month, is established by an estimate furnished by the empioyee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. � 15 ARTICLE 28. DURATION AND PLEDGE 28.1 This Agreement shall become effective as of May 1. 1999, and shall remain in effect through the 30th day af Aprit 2002, artd continue irt effect trom year to year thereafter unless notice to change or to tertninate is given in the manner provided in 282. 28.2 H either party desires to terminate or modify this Agreement effective as of the date of expiration, the paRy wishing to modify or tertninate the Agreemerrt shall give written notice to the other party, not more than ninety (90) or less than sucty (60) calendar days prior to the e�cpiration date, provided that the AgreemeM may only be so tertninated or modified effective as of the expiration date. _ 28.3 In consideration of the tertns and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein estabtished is the means by which grievances conceming its application or iMerpretation may be peacefully resolved, the parties hereby pledge that during the tertn of the Agreement: 28.3.1 The Union and the employees will not engage in, instigate or condone any concerted action in which employees fail to report for duty, wilifully abseM themselves from work, stop work, slow down their work or abseM themseives in whole or part from the full, faithful performance of their duties of employment. 28.32 The Employer will not engage in, instigate or condone any Ixkout of employees. 28.3.3 This constRutes a tentative Agreement between the parties, which will be recommended by the Negotiations/Labor Relations Manager, but is subject fo the approval of the Board of Education and is also subject to rafrfication by the Union. The parties agree and attest that this Agreement represents the full and complete understanding of the parties for the period of time herein spec'rfied by the signature of the foliowing representatives for the Employer and the Union. W ITNESSES: INDEPENDENT SCHOOL DISTRICT NO. 625 UNITED ASSOCIATION OF STEAMFITERS-PIPEFITTERS LOCAL NO. 455 � Business epresentative 6�� 99 Da� 7-/-99 Date 16 � . � ��,�. ��.�/ Negotiation r Relations Asst. Manager aa�� • APPENDIX A The classes of positions recognized by the Employer as being exclusively represented by the Union are as follows: Lead Pipefitter General Lead Pipefitter Master Pipefitter Pipefitter Pipefitter - Control Specialists ` Refrigeration, Gas and Oil Serviceworker Apprentice - Pipefitter General Lead Pipefitter 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. u APPENDIX B Tools of the trade: 6'fofding ruler � �7 APPENDIX C C1 Total packaae amount. The total houriy 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: Pipefitter Pipefitter-Controls Specialist Refrigeration, Gas and Oii Serviceworker Lead Pipefitter Master Pipefitter Generai Lead Pipefitter Effective Effective 5/1/99 5M/00 $36.04 $37.66 $36.04 $37.66 $36.04 $37.66 $38.09 $38.09 $39.09 $39.81 $39.81 $40.81 Effective 5/1 /01 � c+� tn c t+� t» c» C2 Taxable rate for empiovees covered bv PERA Pension Fund. The total tauable houriy rate including wages and the vacation contribution in Appendix D and excluding all other benefit costs and obligations in Appendix D, for regular and probationary employees appointed to ihe following classes of posifions shall be as follows: Pipefitter Pipefitter-Controls Specialist Refrigeration, Gas and Oil Serviceworker Lead Pipefitter Master Pipefitter General Lead Pipefitter Effective 5/1 /99 $25.79 $25.79 $25.79 $27.74 $27.74 $28.69 Effective Effective 5H/00 5/1/01 * :, . .. > :: 1 The parties agree that for the third year of this Agreement there will be a wage reopener to discuss wages and benefits oniy. The May 1, 2001 total hourly cost and distribution will be negotiated at that time. � The May 7, 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 1, 2000, total hourly cost stated in Appendix C1. �� The May 1, 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 houriy cost determined for the thirtl-year wage reopener. � • � 18 �q,�� APPENDIX C (continued) C2A Compensation anafvsis ourooses onlv. These figures represent the portion of the Appendix C1 rates above specifically allocated to wages. These rates do NOT include ta�cable contributions and therefore should NOT be used for tazable payroii calculations. See Appendices G2 and C3 for total taxa6le payrolt information. Effective 5/1199 $21.22 $21.22 $21.22 $23.17 $23.17 $24.12 Effective Effective 5/1/00 5/1/01 _ .. . „ , _. . .. Pipefitter Pipefitter-Controls Specialist Refrigeration, Gas and Oii Serviceworker Lead Pipefitter Master Pipefitter General Lead Pipefitter . • Y4 . <, C3 Taxabie rate for emolovees hired on or after Januarv 1. 1998 and for emplovees not covered bv PERA pe�sion. The total taxable hourly rate including wages and the vacation contribution in Appendix D for temporary employees appointed to the foliowing classes of positions shall be: Pipefitter Pipefitter-Controls Specialist Refrigeration, Gas and Oil Serviceworker �ead Pipefitter Master Pipefitter General �ead Pipefitter Effective 5/1/99 $27.13 $27.13 $27.13 $29.18 $29.18 $3�.18 Effective Effective 5/1/00 5/1/01 . .. _ .. . .. . .. . ., Note: In 1997, the pension laws were changed to exclude pipefitters hired by Saint Paul Public Schools as of January 1, 1998, from PERA coverage. � The May 1, 2000, hourly rates in Appendices C2, C2A and C3 shafl be detertnined at a later date based on the allocation agreed to by the Employer and the Union of the May 1, 2000, total hourly cost stated in Appendix Ct. � '� The May 1, 2001, hourly rates in Appendices C2, C2A and C3 shall be detertnined at a later date based on the ailocation agreed top by the Employer and the Union of the May 1, 2007, total hourly cost detertnined for the third-year wage reopener. 19 APPENDIX C (continued) C4 The basic hourly wage rates for the Apprentice class of positions: This Section is held open for the addition of appropriate Apprentice rates in the event the Emptoyer initiates the employment of Apprentices. If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the rates in Appendix C, Sections C2 through C4 in such a way that the total cost of the package (wage rate ptus contributions) remains constant and does not exceed the amounts shown in Appendix C, Section C1. � • � 20 q�� APPENDIX D Effective May 7, 1999, the Employer shall forward ihe amounts designated in this Appendix D for employees covered by this Agreement to depositories as directed by the Union and agreed to by the Employer: (1) $4.57 per hour for all hours worked from which all appropriate payroll deductions have been made to a Union-designated Credit Union Fund/Workinq Fee Fund. (2) $328 per hour for ali hours worked to a Union-designated Health and Welfare Fund. (3) $5.43 per hour for all hours worked to a Union-designated Pension Fund. � \J (4) {5) $.15 per hour for alt hours worked to a Union-designated Journeyman and A�prenticeshio Trainino Fund. $.05 per hour for alt hours worked ta a Union-designated International Traininq Fund. For empfoyees paid on Appendix C2 rates, the Empioyer shall make lega{ly estabiished non-negotiated pension contributions to PERA. Changes in the mandated PERA rate may change the calculated hourly base rate of pay so the Empioyer's cost does not exceed the amounts fisted in C1 above. AII contributions made in accordance with this Appendix D shail 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 Citv Pipe Trades Service Association. The Employer shali estabiish Workers' Compensation and Unemployment 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, funeral leave, jury duty or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance or Councii Resolutions. The Employer's fringe benefit obligation to employees is limited to the contributions andlor deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has fornrarded contributions andlor deductions. 21 A Absences From Work ..................................9 C Call Back .................................................5, 8 Ctasses of Positions ..............................7, t7 D Discharge..................................................11 Discipline.....................................................9 E Emergency Service Work ............................4 Employer Rights ..........................................1 F Failure to Report for Duty ......................9, 1 t Fringe Benefit Contributions ..............6, 7, 21 Fringe Benefits ............................................7 G Grievance Procedure ...........................12, 13 N Holiday Work ...............................................8 Holidays....................................................... 8 Hourly Wage ....................................6, 18, 19 Hoursof Work .............................................4 L Lead Pipefitter, General Lead Pipefitter and Master Pipefitter .......................................7 M Mileage..................................................6, 15 INDEX N Non-Discrimination ....................................14 O Overtime......................................................5 P PERA.........................................................21 Probationary Period .....................................3 R Resignation................................................11 S Seniority .....................................................10 StandBy ......................................................4 Subcontracting ...........................................14 T Temporary Empioyees Pay Rate .................6 Termi nation ................................................11 Tools....................................................11, 17 U Union Rights ................................................2 Union Steward .............................................2 W W ages .............................................6, 18, 19 Work Location ..............................................6 Work On A Designated Ho(iday ...................8 WorkWeek ..................................................4 Workday .......................................................4 i . i 22 INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION qq � �q� SAINT PAUL PUBLIC SGHOOLS DATE: June 22, 1999 TOPIC: Approval of an Employment Agreement With United Association of Pipefitters, Local 455, to Establish Terms and Conditions of Employment for1999-2002 A. PERTINENT �ACTS: ' 1. New Agreement is for the three-year period May 1, 1999 through April 30, 2002. 2. Contract changes are as foiiows: Holidavs: Changed holiday language to provide uniformiry with other district contracts. Mileaae: Language will be changed to read ". .. the current Board rate or $.31 per mile whichever is greater." New Title: The title of General Lead Pipefitter is created at $1.00 per hour over the rate of Lead Pipefitter. Waqes: Wage and benefit changes reflect prevailing wage for the industry. The third year will be a reopener for wages only. 3. The remaining language provisions o4 the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has nine regular F.T.E. in this bargaining unit. 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 empioyees in this school district for whom United Association of Pipefitters, Locai 455, is the exclusive representative; duration of said Agreement is for the period of May 1, 1999 through April 30, 2002. aG,�q� • � • r � ARTICLE Article Articie Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Articie Article Article Article Article Article Article Article Article 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. TABLE OF CONTENTS TITLE PAGE Preamble................................................................................................................ v P u rpose ..................................................................................................................1 Recognition .............................................................................................................1 Employer .....................................................................................................1 UnionRights ...........................................................................................................2 Scope of the Agreement .......................................................................................:.2 ProbationaryPeriods ..............................................................................................3 Philosophy of Employment and Compensation ......................................................3 Hours Work ........................................................................................................4 Ove rti m e .................................................................................................................5 Cali Back ................................................................................................................5 Work Location ........................................................................................................6 W ages ....................................................................................................................6 Fringe Benefits .......................................................................................................7 Selection of Lead Pipefitter, General Lead Pipefitter and Master Pipefitter...........7 Hol idays ......-� ..........................................................................................................8 Disciplinary Procedures ..........................................................................................9 Absences From Work .............................................................................................9 Sen iority ................................................................................................................10 Jurisdiction ............................................................................................................11 Separation ............................................................................................................11 Tools.....................................................................................................................11 Grievance Procedure ............................................................................................12 Right Subcontract ................................................................:............................14 Non -Discrimination ...............................................................................................14 Severabi ...........................................................................................................14 Waiver ..................................................................................................................15 Mileage .................................................................................................................15 Durafion Pledge ............................................................................................16 Appendix ...........................................................................................................17 Appendix ...........................................................................................................17 Appendix ...............................................................................................18, t9, 20 Appendix .............................................................................•----�--......................21 Index ..................................................................................................................... 22 � q �,�q� � � • PREAMBLE This Agreement is entered into between Independent School District No. 625, hereinafter referred to as the Employer, and the United Association of Steamfitters-Pipefitters Local Union No. 455, hereinafter referred to as the Union. The Empioyer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the Independent Schoot District No. 625 for the benefit of the general pubiic through effective labor-management cooperation. The Employer and the Union both realize that this goal depends not oniy on the words in the Agreement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general public. Gq �� ARTlCLE 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1.1 1.12 1.1.3 Achieve orderly and peacefui relations, thereby estab�ishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well being of all concemed; Set forth rates of pay, hours of work, and other conditions of empioyment as have been agreed upon by the Employer and the Union; Establish procedures to orderly and peacefully resolve disputes as to the appiication or interpretation of this Agreement without loss of productivity. 12 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in confiict wfth such legislation, the latter shali prevaii. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 26 (Severability). ARTICLE 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 regular, probationary, and temporary employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL-3066 dated November 22, 1989. 2.2 The classes of positions recognized as being exciusively represented by the Union are as listed in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage ail manpower, facilities, and equipment; to estabiish functions and programs; to set and amend budgets; to determine the utilization of technology; to estabiish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this Agreement. 32 Any "term or condition of employment" not estabiished by this Agreement shall remain with the Empioyer to eliminate, modify or establish following written notification to the Union. • ARTICLE 4. UNION RIGHTS � 4.1 The Empioyer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthiy Union dues. Such monies deducted shaii 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. 4.12 The U�ion shaA indemnify and save harmless the Emptoyer from any and all claims or charges made against the Employer as a resutt of the implementation of this Articie. 42 The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such Employee shall have the rights and responsibilities as designated in Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Empioyer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement estabiishes the "terms and conditions of employmenY' defined by � Minnesota Statute § 179A.03, Subdivision 19, for all employees exclusively represented by the Union. This Agreement shali supersede such "terms and conditions of employmenY' established by Civil Service Rule, Council Ordinance, and Council Resolution. � 2 � • • • ARTICLE 6. PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular empioyment status shall serve a six (6) month probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shaii be evaluated. 6.1.1 6.12 At any time during the probationary period an empioyee may be terminated at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class of positions shall serve a six (6)-month promotionai probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.2.1 At any time during the promotional probationary period an employee may be demoted to the employee's previousiy-held class of positions at the discretion of the Employer without appeal to the provisions of Articie 22 (Grievance Procedure). 622 An employee demoted during the promotional probationary period shall be returned to the employee's previously heid class of positions and shail receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7. PHILOSOPHY OF EMPLOYMENT ANO COMPENSATION 7.1 The Employer 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 employees for aii hours worked at the basic houriy wage rate and hourly fringe benefit rate as found in Article 12 (Wages) and 13 (Fringe Benefits). No other compensation or fringe benefit shall be accumulated or eamed by an employee except as specifically provided for in this Agreement. ARTICLE 8. HOURS OF WORK .�'.�il E:7Fa The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30)- minute unpaid lunch period, between 7:00 a.m. and 5:30 p,m. The normal workweek shall be five (5) consecutive normal workdays Monday through Friday. 8.3 If, during the term of this AgreemeM, it is necessary in the Empioyer's judgmertt to establish second and third shifts or a workweek 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 8.5 � This Section shall 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. Ail employees are subject to call 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, untess notification has been given not to report tor work prior to leaving home, or during the previous workday. 8.8 Stand Bv. Any Refrigeration, Gas and�il Serviceworker who is required to be available for emergency service work on weekends and holidays shall be guaranteed work or wages and fringes equivalent to: 40 minutes for Friday nights 80 minutes for Saturday and Saturday night 80 minutes for Sunday and Sunday night or 80 minutes for any holiday and holiday night of such 24-hour shift. Ail of the above at time and one-half rate. If the employee is called in for work, the above time shall be a part of, not in addition to, the time worked. . • . 4 �� • � • ARTICLE 9. OVERTIME 9.1 All overtime compensated for by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work ciaim wili be honored for payment or credit uniess approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance apprDVal has been obtained. 92 The rate of one and one-half (1-1/2) the basic hourly rate and fringes shall be the overtime rate for work performed under the following circumstances: 92.1 9.2.2 9.3 �xf Time worked in excess of eight (8) hours in any one normal workday, and Time worked in excess of 40 hours in a seven (7)-day period. For the purpose of caiculating 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 10.1 The Empioyer retains the right to call back empioyees before an employee has started a normal workday or normal workweek and after an employee has completed a normal workday or normal workweek. 10.2 Employees called back shall receive a minimum of four (4) hours of pay at the basic hourly rate. 10.3 The hours worked based on a caii back shall be compensated in accordance with Article 9(Overtime), when appiicable, and subject to the minimum established by 10.2 above. 10.4 Employees 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 Articie 9 (Overtime). 5 ARTICLE 11. WORKLOCATION • 11.1 Employees shall report to work location as assigned by a designated Employer supervisor. During the normal workday, employees may be assigned to other work locations at the discretion of the Employer. 11.2 Employees assigned to work locations during the normal workday other than their originai assignment, and who are required to fumish their own transportation, shall be compensated for mileage, as provided by 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. 122 Regular employees shaii be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Articie 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). . � 0 qq �q1 � • � ARTIC�E 13. FRINGE BENEFITS 13.1 The Employer shall make contributions on behalf of and/or make deductions from the wages of participating employees as defined in Article 12.3, 12.4, and 12.5 covered by this Agreement in accordance with Appendix D for all hours worked. 132 The Employer will for the period of this Agreement provide, for those employees who were `grandfathered" as eligible for the EmpioyePs Heaith and Welfare Plan and who have retired since April 1, 1975, such health insurance premium contributions up to the same dollar amounts as are provided by the Employer at the date of early retirement and the cost of premium contributions toward $5,000 I'rfe insurance coverage until such employees reach sixty-five (65) years of age. In order to be eligible for the premium contributions under the provision 13.2 and 13.3 the employee must: 132.1 132.2 Be receiving beneffts 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. 132.3 Inform the Human Resource Department of Independent School District No. 625 and Personnel 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 for early retiree insurance benefits. 13.3 An employee who retired at age sixty-five (65) or later and who met the criteria in t32, or for eariy retirees who qualified under 13.2 and have reached age sixty-five (65) after retirement the Employer will provide payment of premium for a Medicare supplement heaith coverage policy selected by the Employer. ARTICLE 14. SELECTION OF LEAD PIPEFITTER, GENERAL LEAD PIPEFII?ER, AND MASTER PIPEFITTER 14.1 The selection of personnel for the class of position of Lead Pipefitter, General Lead Pipefitter and Master Pipefitter shall remain solely with the Employer. 14.2 14.3 14.4 The class of position Lead Pipefitter, General Lead Pipefitter and Master Pipefitter shali be filled by employees of the bargaining unit on a"temporary assignment ° Ali `4emporary assignments° shali be made only at the direction of a designated Employer supervisor. Such "temporary assignments" shall be made oniy in cases where the ciass of positions is vacant for more than one (1) normal workday. ARTICLE 15. HOLIDAYS 15.1 The following nine (9) days shall be designated as holidays: New Year's Day Martin Luther King Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving 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 following Monday shaii be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 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, employees may be scheduled or "called 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 all hours worked. 15.6 If Martin Luther King, Jr. Day or Presidents' Day falis on a day when school is in session, the employee shall work that day at straight time and another day shall be designated as the holiday. This designated holiday 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 wiil be offered an opportunity to work that day at the straight-time rate and will not be required to take another day off to replace the holiday. If the emplayee is called in on such day, they will be called in accordance with Article 10 and paid as in 15.5. • i � ��.�a� � ARTICLE 16. DISCIPLINARY PROCEDURES 16.1 The Employer shall have the right to impose disciplinary actions on emptoyees for just cause. 16.2 Disciplinary actions by the Empioyer shall inciude only the following actions: 16.2.1 Oral reprimand; 16.2.2 Written reprimand; 162.3 Suspension; 16.2.4 Demotion; 162.5 Discharge. u • 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 empioyee's behaif initiates review of an action, that matter shall not again be reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.1 Employees who are unable to report for their normai workday have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 17.2 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 normal workdays may be considered a"quit" by the Empioyer on the part of the employee. 0 ARTICLE 18. SENIORITY 18.1 Seniority, for the purposes of this Agreement, shaii be defined as follows: 18.1.1 "Master Seniority' - The length of continuous regular and probationary service with the Employer from the last date of employment in any and ail class titles covered by this Agreement. 18.12 "Class Seniorit�' - The length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a class titie covered by this Agreement. 182 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 empioyee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer that it is necessary to reduce the workforce, empioyees will be laid off by class title within each department based on inverse length of "Class Seniority." Employees laid off shall have the right to reinstatement in any lower- paid class title, provided empioyee has greater "Master Seniority' than the employee being replaced. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority," subject to the approval of the Empioyer. • • � i0 qq.�q� . • ARTICLE 19. JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions are recognized as an appropriate subject for determination by the various unions representing employees of the Employer. 192 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 possibie to resolve the dispute. Nothing in the foregoing shail 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 ciarified by Sections 19.2 and 19.3 above shali 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 resulting from a work assignment. ARTICLE 20. SEPARATION 20.1 Employees having a probationary or regular empioyment status shall be considered separated from employment based on the following actions: 20.1.1 Resiqnation. Employees resigning from employment shali give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1.2 Discharae. As provided in Article i 6. 20.1.3 Failure to Reoort for DuN. As provided in Articie 17. . 202 Empioyees having a temporary employment status may be terminated at the discretion of the Employer before the compietion of a normal workday. ARTICLE 21. TOOLS 21.1 All employees shall personally provide themseives with the tools of the trade as listed in Appendix B. 11 ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shali notify the Employer in writing of the names of the Stewards and of their successore when so named. 222 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is iimited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 22.3 The procedure established by this Article shall, except as previously noted in Article 16 (Disciplinary Procedures), be the sole and exctusive 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 resoived in conformance with the foilowing procedure: Step 1. Upon the occurrence of an alleged violafion of this Agreement, ihe employee involved shall attempt to resolve the matter on an informal basis with the empioyee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occunence of the event giving rise to the grievance or within the use of reasonable diligence shouid have had knowiedge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Steo 2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days foliowing 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. . • i ,2 qq: �a� C� ARTICLE 22. GRIEVANCE PROCEDURE (continued) Ste� 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the Empioyer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a resuR of the written response, the grievance remains unresoived, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days foilowing receipt of the Employe�s answer shall be considered waived. Steo 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shail be conducted by an arbitrator to be selected by mutuai agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven- (7) day period, either party may request the Bureau of Mediation Services to submit a panei of five (5) arbitrators. Both the Employer and the Union shail 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 wiii be repeated and the remaining person shali be the arbitrator. • � 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) 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 arbRrator shall be final and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsibie for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. iR3 ARTICLE 23. RIGHT OF SUBCONTRACT • 23.1 The Empioyer 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 wouid result in a reduction of the workforce covered by this Agreement, the Employer shall give the Union a ninety (90)-calendar day notice of the intention to subcontract. 232 The subcontracting of work done by the employees covered by this Agreement shai! in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRIMINATION 24.1 The terms and conditions of this Agreement will be applied to employees equally without _ regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or non-membership in the Union. 242 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general pubtic. ARTICLE 25. SEVERABILITY • 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 25.2 The parties agree, upon written notice, to enter into negotiations to place the voided provisions of the Agreemen} �n compliance with the legislative, administrative or judicial _ determination. i ,4 �q.� ��l • 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 emptoyment. The agreements and understandings reached by the parties after the exercise of this right are fully and completeiy set forth in this Agreement. 26.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment whether specifically covered or not spec'rfically covered by this Agreement. The Union and Employer may, however, mutualiy agree to modify any provision of this Agreement. 26.3 Any and ali prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of empioyment, to the extent they are inconsistent witfi tfiis Agreement, are hereby superseded. ARTICLE 27. MILEAGE 27.1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be eligible for such . reimbursement, employees must receive authorization from the District Mileage Committee utifizing one of the fo{lowing plans: PLAN °A" is reimbursed at the current Board rate or 31¢ per mile, whichever is greater. In addition, a maximum amount, which can be paid per month, is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another working in the same or similar position. Under this pian, it is necessary for the employee to keep a record of each trip made. � 15 ARTICLE 28. DURATION AND PLEDGE 28.1 This Agreement shali become effective as of May 1, 1999, and shall remain in effect through the 30th day of Aprii 2002, and continue in effect from year to year thereafter un�ess notice to change or to terminate is given in the manner provided in 28.2. 28.2 If either party desires to tertninate or mod'rfy this Agreement effective as of the date of expiration, the party wishing to modify or terminate the Agreement shali give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided that the Agreement may only be so terminated or mod'rfied effective as of the expiration date. _ 28.3 In consideration of the terms and conditions of employmeM established 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 peacefully resolved, the parties hereby pledge that duri�g the term of the Agreemerrt: 28.3.1 The Union and the empioyees wiii not engage in, instigate or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work or absent themselves in whole or part from the full, faitMui perfortnance of their duties of employment. 28.32 The Employer wili not engage in, instigate or condone any lockout of employees. 28.3.3 This constftutes a tentative Agreement between the parties which will be recommended by the Negotiations/Labor Relations Manager, but is subject to the approval of the Board of Education and is aiso subject to rat'rfication by the Union. The parties agree and attest that this Agreement represents the full and compiete 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: INDEPENDENT SCHOOL DISTRICT NO. 625 i l ti C air, ard of Education � Negotiations/Labor Rela' s Manager tl0 Negotiations/L r Relations Asst. Manager UNITED ASSOCIATION OF STEAMFITERS-PIPEFITTERS LOCAL NO. 455 � 8usiness epresentative 6�a-i �99 �e 7-/-99 Date 16 • . � q q,-��1 • APPENDIX A The classes of posftions recognized by the Employer as 6eing exclusively represented by the Union are as foilows: Lead Pipefitter General Lead Pipefitter Master Pipefitter Pipefitter Pipefitter - Control Specialists Refrigeration, Gas and Oil Serviceworker Apprentice - Pipefitter General Lead Pipefitter 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' folding ruler � 17 APPENDIX C C1 Total packaqe amount. The total hourly cost to the Employer for wages plus any and aii contributions or deductions stated in Appendix D of this Agreement shall not exceed the foilowing amounts: Pipefitter Pipefitter-Controls Specialist Refrigeration, Gas and Oil Serviceworker Lead Pipefitter Master Pipefitter Generai Lead Pipefitter Effective 5/1 /99 $36.04 $36.04 $36.04 $38.09 $38.09 $39.09 Effective Effective 5/1/00 5/1/01� $37.66 "� $37.66 "� $37.66 $39.81 $39.81 $40.81 t t+> t c» C2 Taxable rate for emplovees covered bv PERA Pension Fund. The total taxable houriy rate including wages and the vacation contribution in Appendix D and excluding all other benefit costs and obligations in Appendix D, for regular and probationary employees appointed to the foilowing classes of positions shall be as follows: Pipefitter Pipefitter-Controls Specialist Refrigeration, Gas and Oii Serviceworker Lead Pipefitter Master Pipefitter General Lead Pipefitter Effective Effective 5/1/99 5/1/00 $25.79 ' $25.79 ' $25.79 ' $27.74 ' $27.74 ' $28.69 ' Effective 5/1101 .. :. .: � The parties agree that for the third year of this Agreement there will be a wage 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 1, 2000, total hourly cost stated in Appendix C1. �� The May 1, 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 hourly cost determined for the third-year wage reopener. . . � fF:3 �q.�� . . APPENDIX C (continued) C2A Compensation analvsis pumoses onlv. These figures represent the portion of the Appendix Ci rates above spec'rfically aliocated to wages. These rates do NOT include taxabie contributions and therefore should NOT be used for taxable payroll calculations. See Appendices C2 and C3 for total taxable payroll information. C3 Pipefitter Pipefitter-Controls Specialisi Refrigeration, Gas and Oil Serviceworker Lead Pipefitter Master Pipet'stter General Lead Pipefitter vacation contribution in i classes of positions shall Effective Effective Effective 5/1/99 5/1/00 5/1/01 $2122 ` " $21 22 ` „ �V2�.22 � x $23.17 $23.17 $24.12 . Pipefitter Pipefitter-Controls Specialist Refrigeration, Gas and Oii Serviceworker Lead Pipefitter Master Pipefitter Generai Lead Pipefitter rate including wages and the ees appointed to the following x� xe .. D for temporary Effective Effective 5!1 /99 5!1 /00 $27.13 ' $27.13 ' $27.13 * $29.18 ' $29.18 ' $30.18 * Effective 5/1 /01 _. ._ .. Note: In 1997, the pension laws were changed to exclude pipefitters hired by Saint Paul Public Schools as of January 1,1998, from PERA coverage. ' The May 1, 2000, houAy rates in Appendices C2, C2A and C3 shall be determined at a later date based on the allocation agreed to by the Employer and ihe Unio� of the May 1, 2000, total hourly cost stated in Appendix Ct. � *' The May t� 2001, hourly rates in Appendices C2� C2A and C3 shail be determined at a later date based on the allocation agreed top by the Employer and the Union of the May 1, 2001, total houriy cost determined for the third-year wage reopener. � APPENDIX C (continued) C4 The basic hourly wage rates for the Apprentice class of positions: This Section is held open for the addition of appropriate Apprenfice rates in the event the Employer initiates the employment of Apprentices. If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the rates in Appendix C, Sections C2 through C4 in such a way that the total cost of the package (wage rate plus contributions) remains constaM and does not exceed the amounts shown in Appendix C, Section C1. • • � 20 a q,'l� 1 � l I u APPENDIX D Effective May 7, 1999, the Employer shali forvvard the amounts designated in this Appendix D for empioyees covered by this Agreement to depositories as directed by the Union and agreed to by the Empioyer. (1) $4.57 per hour for all hours worked from which ail appropriate payroll deductions have been made to a Union-designated Credit Union Fund/Workina Fee Fund. (2) $328 per hour for all hours worked to a Union-designated Health and Welfare Fund. (3) $5.43 per hour for all hours worked to a Union-designated Pension Fund. • . (4) (5) $.15 per hour for all hours worked to a Union-designated Joumevman and A�orenticeshio Trainina Fund. $.05 per hour for aii hours worked to a Union-designated International Traininq Fund. For empioyees paid on Appendix C2 rates, the Empioyer 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 Ci above. All contribuiions made in accordance with this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix Ci. The Appendix D amounts shall be forwarded to the Twin Citv Pipe Trades Service Association. The Employer shail establish Workers' Compensation and Unemployment 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, funeral 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 benefit obligation to employees is limited to the contributions and/or deductions estabiished by this Agreement. The actual level of benefits provided to empioyees shall be the responsibility of the Trustees of ihe various funds to which the Employer has forwarded contributions and/or deductions. � 21 A Absences From Work ..................................9 C CallBack .................................................5, 8 Classes of Positions ..............................7, 17 D Discharge..........................:.......................11 Discipline.....................................................9 E Emergency Service Work ............................4 Employer Rights ..........................................1 F Failure to Report for Duty ......................9, 11 Fringe Benefit Contributions ..............6, 7, 21 Fdnge Benefits .................°-°--.....--°--°------� G Grievance Procedure ...........................12, 13 H Holiday Work ...............................................8 Holidays....................................................... 8 Hourly Wage.....--•-�� .........................6, 18, 19 Houre of Work .............................................4 L Lead Pipefitter, General Lead Pipefitter and Master Pipefitter .......................................7 M Mileage ..................................................6, 15 INDEX N Non-Discrimination ....................................14 O Overtime ......................................................5 P PERA.........................................................21 Probationary Period .....................................3 R Resignation ................................................11 S Seniority.....................................................10 StandBy ......................................................4 Subcontractin g ...........................................14 T Temporary Employees Pay Rate .................6 Te rmination .............................•--.. _.... -�--�---.1'I Tools.....--•• ...........................................11, 17 U Union Rights ................................................2 Union Steward .............................................2 W W ages .............................................6, 18, 19 Work Location ..............................................6 Work On A Designated Hoiiday ...................8 WorkWeek ..................................................4 Workday .......................................................4 i . • P�'a �l`dNIJ1� Presented Referred To Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 1999-2002 Employment Agreement between the Independent School District No. 625 and the United 3 Association of Pipefitters Local Union No. 455. Requested by Department oE Office of Labor Relations � B �'�-�-�^� �- � Adopted by Council: Date � ��° Adoption Certified by Council Secretaiy By: a— , Approved by a or: Dat . a� `� By: a Council File # qq�� Green Sheet # 64042 RESOLUTION �TY OF SAINT PAUL, MINNESOTA � Form Ap oved by C' tt � By: ��\�l �-X �`t� q4 � DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET No.• 64042 `� _� � LABOR RELATIONS July 30, 1999 ' CONTACT PERSON & PAONE: q INrrl�unATE miTiAUnATE JLJLIE KRAUS 266-6488 p�IGN I DEPARTMbN'C DIR. 4 CITY COUNCIL NUMBER 2 CITY ATI'ORNEY CITY CLERK MUST BE ON COUNCIL AGENDA BY (DATE) R�U,1.ING 3 MAYOR (OR ASST.) � FIN. & MGT. SERVICE DIR ORDER TOTAL # OF SIGNATURE PAGES_I (CLIP ALL LOCATIONS FOR SIGNATURE) acr►ox xEQUESrEn: This resolution approves the attached 1999-2002 Employment Agreement between the Independent School District No. 625 and the United Association of Pipefitters Local Union No. 455. RECOMMENDAITONS: Approve (A) or Rejec[ (R) PERSONAI, SERVICE CONT'RACTS MUST ANSWER TEIE FOLLOWING QUESTIONS: � PLANNING COMMISSION CM[, SERVICE COMIvIISSION 1. Has this person/firtn ever worked under a wnvact for this degartrnent? CIB COMMITTEE Yes No STr1FF 2. Has this person/firm ever been a city employee? DISTRICT CAURT Yes No SUPPORTS WHICH Wi1NCIL OBJECTIVE? 3. Does this person/firtn possess a skill not nortnaliy possessed by any curten[ city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPOR'I'UNI1'Y (K'ho, What, When, Where, Why): ADVANTAGES iF APPROVED: MF�!.��+,:�ES �.^�,ti.`,,.�,�"a�.� , t'a: This Agreement pertains to Board of Education employees only. �� DISADVANTAGESIFAPPROVED: - - n' DISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACI'ION: COSTlREVENUE BUDGETED: FUNDING SOURCE: ACTIVI'I'Y NUMBER: FINANCIAi. INFORMATION: (EXPLAIN) INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION �� SAINT PAUL PUBLIC SCHOOLS � � � �� DATE: June 22, 1999 TOPIC: Approval of an Employment Agreement With United Association of Pipefitters, Local 455, to Establish Terms and Conditions of Employment for1999-2002 p. PERTINENT FACTS: ' 1. New Agreement is for the three-year period May 1, 1999 through April 30, 2002. 2. Contract changes are as foliows: Holidavs: Changed holiday language to provide uniformity with other district contracts. Milea e: Language wili be changed to read ". .. the current Board rate or $.31 per mile whichever is greater:' New Title The title of General Lead Pipefitter is created at $1.00 per hour over the rate of Lead Pipefitter. Waqes: Wage and benefit changes reflect prevailing wage for the industry. The third year will be a reopener for wages only. 3. The remaining language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has nine regular F.T.E. in this bargaining unit. 5. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager; Richard Kreyer, NegotiationslLabor Relations Manager; and Wif{iam Larson, Deputy Superintendent of Operations B. RECOMMENDATION: That the Board of Education of Independent School Disirict No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this schooi district for whom United Association of Pipefitters, Local 455, is the exclusive representative; duration of said Agreement is forthe period of May 1, 1999 through April 30, 2002. q�-��1 . . • \ • ARTICLE Article Article Article Article Article Articie Article Article Article Article Article Articie Articie Article Article A�ticle Articie Article Article Article Article Article Article Article Article Article Article Article 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. �1. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. TABLE OF CONTENTS TITLE PAGE Preamble................................................................................................................ v Purpose.................................................................................�--.......................---....1 Recognition ............................................................................................................. i Employer .....................................................................................................1 UnionRights ...........................................................................................................2 Scope of the Agreement .......................................................................................:.2 Probationary Periods ..............................................................................................3 Philosophy of Employment and Compensation ......................................................3 Hoursof Work ........................................................................................................4 Overti .................................................................................................................5 CallBack ................................................................................................................5 Work Location ........................................................................................................6 Wages ....................................................................................................................6 Fringe Benefits .......................................................................................................7 Selection of Lead Pipefitter, General Lead Pipefitter and Master Pipefitter...........7 Holidays ..................................................................................................................8 Disciplinary Procedures ..........................................................................................9 Absences From Work .............................................................................................9 Sen i o rity ................................................................................................................10 Jurisdiction............................................................................................................ t 1 Separation ............................................................................................................11 To o I s .....................................................................................................................11 Grievance Procedure ............................................................................................12 Rightof Subcontract .............................................................................................14 Non-Discrimination ...............................................................................................14 Severability ...........................................................................................................14 Waiver ..................................................................................................................15 Mi leag e .................................................................................................................15 Duration Pledge ............................................................................................16 Appendix ...........................................................................................................17 Appendix ...........................................................................................................17. Appendix ...............................................................................................18, 19, 20 Appendix ...........................................................................................................21 Index .....................................................................................................................22 � qq��q� � � • PREAMBLE This Agreement is entered into between Independent School District No. 625, hereinafter referred to as the Employer, and the United Association of Steamfitters-Pipefitters Local Union No. 455, hereinafter referred to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the Independent School District No. 625 for the benefit of the general public through effective labor-management cooperation. The Empioyer and the Union both reatize that this goai depends not only on the words in the Agreement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general pubiic. u q9-�q . ARTICLE 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1.1 Achieve orderiy and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and weli being of all concemed; 1.12 Set forth rates of pay, hours of work, and other condftions of employment as have been agreed upon by the Employer and the Union; 1.1.3 Estabiish procedures to orderly and peacefully resolve disputes as to the appiication or interpretation of this Agreement without loss of 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 legisiation, the latter shail prevail. The parties, on written notice, agree to negotiate that part in conflict so that it cor�forms to the statute as provided by Article 26 (Severability). ARTICLE 2. RECOGNITION • 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regufar, probationary, and temporary empioyed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL3066 dated November 22, 1989. 2.2 The classes of positions recognized as being exclusively represented by the Union are as listed in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Empioyer retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifically limfted by this Agreement. 3.2 Any "term or condition of employment" not estabiished by this Agreement shall remain with the Employer to eliminate, modify or establish foilowing written notification to the Union. � ARTICLE 4. UNION RIGHTS 4.1 4.2 The Employer shall deduct from the wages of emptoyees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shali be remitted as directed by the Union. 4.1.1 4.12 The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. The Union shall indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of this Article. The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such Employee shall have the rights and responsibilities as designated in Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Employer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employment° defined by Minnesota Statute § 179A.03, Subdivision 19, for all employees exclusively represented by the Union. This Agreemenf shait supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. • • � Pa �� . • i 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) month probationary period during which time the employee's fitness and ability to perform the ciass of posftions' duties and responsibilities shall be evaluated. ARTICLE 6. PROBATIONARY PERIODS 6.2 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 Articie 22 (Grievance Procedure). 6.1.2 An empioyee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. All personnel promoted to a higher class of positions shall serve a six (6)-month promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.2.1 At any time during the promotional probationary period an employee may be demoted to the empioyee's previously-held class of positions at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.2.2 An empioyee demoted during the promotional probationary period shall be returned to the employee's previously held class of positions and shall receive a written notice of the �easons for demotion, a copy of which shall be sent to the Union. ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 72 7.3 The Employer and the Union are in full agreement that the philosophy of empioyment and compensation shail be a"cash" houriy wage and "industry' fringe benefit system. The Empioyer shall compensate employees for all hours worked at the basic hourly wage rate and houriy fringe benefit rate as found in Articie 12 (Wages) and 13 (Fringe Benefits). No other compensation or fringe benefit shali be accumulated or earned by an employee except as specifically provided for in this Agreement. ARTICLE 8. HOURS OF WORK 8.1 82 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30)- minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. The normal workweek shall 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 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 8.5 � This Section shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal workweek. Ali employees shall be at the location designated by their supervisor, ready for work, at the estabiished starting time and shall remain at an assigned work location until the end of the established workday unless otherwise directed by their supervisor. Ali employees are subject to call back by the Employer as provided by Article 10 (Call Back). 8.7 Employees reporting for work at the established starting time and for whom no work is available shail receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous workday. 8.8 Stand Bv. Any Refrigeration, Gas and Oil Serviceworker who is required to be available for emergency service work on weekends and holidays shall be guaranteed work or wages and fringes equivalent to: 40 minutes for Friday nights 80 minutes for Saturday and Saturday night SO minutes for Sunday and Sunday night or 80 minutes for any holiday and holiday night of such 24-hour shift. All of the above at time and one-half rate. if the employee is called in for work, the above time shall be a part of, not in addition to, the time worked. • � . �� u . u ARTICLE 9. OVERTIME 9.1 All overtime compensated for by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim wili not be honored, even though shown on the time card, unless the required advance approval has been obtained. 9.2 The rate of one and one-haif (1-1/2) the basic hourly rate and fringes shaii be the oveRime rate for work performed under the following circumstances: 9.2.1 9.2.2 9.3 � Time worked in excess of eight (8) hours in any one normal workday, and Time worked in excess of 40 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 shail be paid in cash or compensatory time as determined by the Employer. ARTICLE 10. CALL BACK 10.1 The Employer retains the right to call back employees before an employee has started a normal workday or normal workweek and after an employee has completed a normai workday or normal workweek. 10.2 Employees called back shall receive a minimum ot 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 applicable, and subject to the minimum established by 102 above. 10.4 Employees cailed back four (4) hours or less, prior to their normal workday shall complete the normai workday and be compensated only for the overtime hours worked in accordance with Article 9 (Overtime). 67 AR7ICLE 11. WORK LOCATION 11.1 Empioyees shail report to work location as assigned by a designated Employer supervisor. During the normal workday, employees may be assigned to other work locations at the discretion of the Empioyer. 112 Empioyees assigned to work locations during the normal workday other than their original assignment, and who are required to furnish their own transportation, shail be compensated for mileage, as provided by Article 27 (Mileage). ARTICLE 12. WAGES 12.1 The basic hourly wage rates as established by Appendix C shail be paid for all hours worked by an employee. 122 Regular employees shaii be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (Fringe Benefits). � 12.3 Temporary empioyees shall be compensated in accordance with Article 12.1 (Wages) and have tringe benefit coniribufions and/or deduciions made in their behalf as provided for by Article 13 (Fringe Benefits). � � � �q,�q7 ARTICLE 13. FRINGE BENEFITS � 13.1 The Empioyer shaii make contributions on behalf of and/or make deductions from the wages of participating employees as defined in Article 12.3, 12.4, and 12.5 covered by this Agreement in accordance wRh Appendix D for ati hours workeci. 13.2 The Employer will for the period of this Agreement provide, for those employees who were `grandfathered" as eligible for the Employers Health and Welfare Plan and who have retired since April 1, 1975, such heaith insurance premium contributions up to the same dollar amounts as are provided by the Empioyer at the date of early retirement and the cost of premium contributions toward $5,000 life insurance coverage untii such empioyees reach sixty-five (65) years of age. In order to be eligible for the premium contributions under the provision 13.2 and 13.3 the employee must: 132.1 t322 Be receiving benefits from a public empioyee retiree act at the time of retirement. Have severed the emptoyment relationship with the City of Saint Paul a�dlor Independent Schooi District No. 625 under one of the early retiree plans. 13.2.3 Inform the Human Resource Department of Independent School District No. 625 and Personnet 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 for early retiree insurance benefits. • i3.3 An employee who retired at age sixty-five (65) or later and who met the crfteria in 13.2, or for early retirees who qualified under 13.2 and have reached age sixty-five (65) after retirement the Employer will provide payment of premium for a Medicare supplement health coverage policy selected by the Employer. ARTICLE 14. SELECTION OF LEAD PIPEFITTER, GENERAL LEAD PIPEFITTER, AND MASTER PIPEFITTER 14.1 142 14.3 14.4 • The selection of personnel for the ciass of position of Lead Pipefitter, General Lead Pipefitter and Master Pipefitter shall remain solely with the Employer. The class of position Lead Pipefitter, Generai Lead Pipefitter and Master Pipefitter shall be filled by employees of the bargaining unit on a`temporary assignment" Ali `Yemporary assignments" shalf be made onty at the direction of a desig�ated Employer supervisor. Such "temporary assignments" shall be made oniy in cases where the class of positions is vacant tor mose than one (1) normal workday. 7 ARTICLE �5. HOLIDAYS 15.1 The fotiowing nine (9) days shall be designated as holidays: New Yea�'s Day Martin Luther King Jr. Day Presidents' Day Memorial Day independence Day Labor Day Thanksgiving Day Day After Thanksgiving 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 Yea�s Day, Independence Day or Christmas Day falls o� a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shali be considered the designated holiday. 15.3 The nine (9) holidays shali be considered non-workdays. 15.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 10, Call Back. 15.5 Employees caf{ed in to work on a designated holiday sha4t be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 15.6 If Martin Luther King, Jr. Day or Presidents' Day fails on a day when school is in session, the employee shaii work that day at straight time and another day shall 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 falls on a day when school is not in session, that day will normaily be an unpaid holiday. If the Employer schedules work on such days, employees wiil be offered an opportunity to work that day at the straight-time rate and wit4 not be requ+red to take another day off to replace the holiday. If the employee is cailed in on such day, they will be called in accordance with Article 10 and paid as in 15.5. u � i qq.�a� • 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 Empioyer shall include only the followi�g actions: 16.2.i Oral reprimand; 16.2.2 Written reprimand; 162.3 Suspension; 162.4 Demotion; 162.5 Discharge. � • 16.3 EmpVoyees who are suspended, demoted or discharged shali retain all rights under Minnesota Statute § 179A.20, Subd. 4, and thereby shaii 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 shall not again be reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal workday have the responsibility to notify their supervisor of such absence as soon as possible, but in no event Iater than the beginning of such workday. 17.2 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 tor three (3) consecutive normal workdays may be considered a"quit" by the Employer on the part of the employee. ARTtCLE 18. SENtORiTY 18.t Seniority, for the purposes of ihis Agreement, shall be defined as foltows: 18,1.1 "Master Seniority' - The length of continuous reguiar and probationary service with the Emptoyer from the last date of employment in any and a!1 ctass titles covered by this Agreement. 18.1.2 "Class Seniority" - The length of continuous regular and probationary service with the Empioyer from the date an employee was first appointed to a class title covered by this Agreement. 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 iltness or injury; is granted to aftow an employee to accept an appointment to the unclassified service of the Empioyer or to an elected or appointed full-time position with the Union. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Empioyer that it is necessary to reduce the workforce, employees will be laid off by class title within each department based on inverse length of "Class Seniority.' Employees laid off shali have the right to reinstatement in any lower- paid class title, provided employee has greater "Master Seniority' than the employee being replaced. i8.5 The seleetion of vacation periods shail be made by class titie based on iength of `Class Seniority," subject to the approval of the Empioyer. � � � 10 c�q,�q� • • ARTICLE 19. dURiSDICTION 19.1 Disputes conceming work jurisdiction between and among unions are recognized as an appropriate subject for determination by the various unions representing employees of the Employer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions invoived. i9.3 tn the event ot a dispute conceming the pertormance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 19.4 Any empioyee refusing to perform work assigned by the Employer and as clarified by Sections 19.2 and 19.3 above shail be subject to discipiinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resuiting from a work assignment. AflTiCLE 20. SEPARATiON 20.1 Employees having a probationary or regular employment status shai( be considered separated from employment based on the following actions: 20.1.1 Resiqnation. Employees resigning from employme�t shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.12 Discharoe. As provided in Article 16. 20.1.3 Failure to Report for DuN. As provided in Article 17. • 20.2 Employees having a temporary employment status may be terminated at the discretion of the Empioyer before the completion of a normai workday. ARTICLE 21. TOOLS 2t.1 All employees shalt personatty provide themselves with the toots of the trade as listed in Appendix B. 11 ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievartce representative of the bargaining unit. The Union shal! notity the Employer in writing of the names of the Stewards and of their successors vuhen so named. 22.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent wiih such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed durfng working hours, provided the Steward and the empioyee have not'rfied and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 22.3 The procedure established by this Article shall, except as previously noted in Article 16 (Disciplinary Procedures), be the sole and exclusive procedure for ihe processing ot grievances, which are defined as an alleged violation of the terms and condftions of this Agreement. 22.4 Grievances sha(i be resoived in conformance with tfie following procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee invoived shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alfeged section(s) of the Agreement violated, and the relief requested. Any atieged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Ste�2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (� 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. � � • 12 q��1�� r • ARTICLE 22. GRIEVANCE PROCEDURE (continued) Steo 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business _ Manager or his designated representative and attempt to resolve the grievance. Wdhin seven (7) calendar days following this meeting, the Employer shall repiy in writing to the Union stating the Empfoye�'s answer conceming tfie grievance. ff, as a result of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employe�s answer shall be considered waived. Steo 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written no6ce 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. ti the parties fail to mutualfy agree upon an arbitrator within ihe said seven- (7) day period, either party may request the Bureau of Mediation Services to submit a panei of five (5) arbitrators. Both the Employer and the Union shaii have the right to strike two (2) names from ihe panel. The Union shall strike the first (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. • u 22.5 The arbitrator shatt have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide oniy the specific issue submitted in writing by the Employer and the Union and shali have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions comrary to or inconsistern with or modifying or varying in any way the appiication of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days 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 appiication of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equaliy by the Employer and the Union, provided that each party shall be responsible for compensating fts own representative and witnesses. if efther party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it 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. 13 ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. in the event that such contracting would result in a reduction of the workforce covered by this Agreement, the Employer shail give the Union a ninety (90)-calendar day notice of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by this Agreement shall in a!! cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRIMINATION 24.1 The terms and conditions of this Agreement will be applied to employees equally without regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or non-membership in the Union. 242 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities invotve other employees and the generat pubfic. ARTICLE 25. SEVERABILITY 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeai is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 252 The parties agree, upon written notice, to enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative or judicial determination. u • � 14 Qq,� q� . ARTICLE 26. WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and compietely set forth in this Agreement. 26.2 Therefore, the Employer and the Union for the duration of this Agreement agree ihat the other party shaii not be obligated to meet and negotiate over any term or condition of employment whether specifically covered or not specifically covered by this Agreement. The Union and Employer may, however, mutuaily agree to modify any provision ot 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 Agreeme�t, are hereby superseded. ARTICLE 27. MILEAGE 27.1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be eligible for such • reimbursement, employees must receive authorization from the District Mileage Committee utilizing one of the folfowing plans: PLAN "A" is reimbursed at the current Board rate or 31 ¢ per miie, whichever is greater. In addition, a maximum amount, which can be paid per month, is established by an estimate furnished by the empioyee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. � 15 ARTICLE 28. DURATION AND PLEDGE 28.1 This Agreement shall become effective as of May 1. 1999, and shall remain in effect through the 30th day af Aprit 2002, artd continue irt effect trom year to year thereafter unless notice to change or to tertninate is given in the manner provided in 282. 28.2 H either party desires to terminate or modify this Agreement effective as of the date of expiration, the paRy wishing to modify or tertninate the Agreemerrt shall give written notice to the other party, not more than ninety (90) or less than sucty (60) calendar days prior to the e�cpiration date, provided that the AgreemeM may only be so tertninated or modified effective as of the expiration date. _ 28.3 In consideration of the tertns and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein estabtished is the means by which grievances conceming its application or iMerpretation may be peacefully resolved, the parties hereby pledge that during the tertn of the Agreement: 28.3.1 The Union and the employees will not engage in, instigate or condone any concerted action in which employees fail to report for duty, wilifully abseM themselves from work, stop work, slow down their work or abseM themseives in whole or part from the full, faithful performance of their duties of employment. 28.32 The Employer will not engage in, instigate or condone any Ixkout of employees. 28.3.3 This constRutes a tentative Agreement between the parties, which will be recommended by the Negotiations/Labor Relations Manager, but is subject fo the approval of the Board of Education and is also subject to rafrfication by the Union. The parties agree and attest that this Agreement represents the full and complete understanding of the parties for the period of time herein spec'rfied by the signature of the foliowing representatives for the Employer and the Union. W ITNESSES: INDEPENDENT SCHOOL DISTRICT NO. 625 UNITED ASSOCIATION OF STEAMFITERS-PIPEFITTERS LOCAL NO. 455 � Business epresentative 6�� 99 Da� 7-/-99 Date 16 � . � ��,�. ��.�/ Negotiation r Relations Asst. Manager aa�� • APPENDIX A The classes of positions recognized by the Employer as being exclusively represented by the Union are as follows: Lead Pipefitter General Lead Pipefitter Master Pipefitter Pipefitter Pipefitter - Control Specialists ` Refrigeration, Gas and Oil Serviceworker Apprentice - Pipefitter General Lead Pipefitter 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. u APPENDIX B Tools of the trade: 6'fofding ruler � �7 APPENDIX C C1 Total packaae amount. The total houriy 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: Pipefitter Pipefitter-Controls Specialist Refrigeration, Gas and Oii Serviceworker Lead Pipefitter Master Pipefitter Generai Lead Pipefitter Effective Effective 5/1/99 5M/00 $36.04 $37.66 $36.04 $37.66 $36.04 $37.66 $38.09 $38.09 $39.09 $39.81 $39.81 $40.81 Effective 5/1 /01 � c+� tn c t+� t» c» C2 Taxable rate for empiovees covered bv PERA Pension Fund. The total tauable houriy rate including wages and the vacation contribution in Appendix D and excluding all other benefit costs and obligations in Appendix D, for regular and probationary employees appointed to ihe following classes of posifions shall be as follows: Pipefitter Pipefitter-Controls Specialist Refrigeration, Gas and Oil Serviceworker Lead Pipefitter Master Pipefitter General Lead Pipefitter Effective 5/1 /99 $25.79 $25.79 $25.79 $27.74 $27.74 $28.69 Effective Effective 5H/00 5/1/01 * :, . .. > :: 1 The parties agree that for the third year of this Agreement there will be a wage reopener to discuss wages and benefits oniy. The May 1, 2001 total hourly cost and distribution will be negotiated at that time. � The May 7, 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 1, 2000, total hourly cost stated in Appendix C1. �� The May 1, 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 houriy cost determined for the thirtl-year wage reopener. � • � 18 �q,�� APPENDIX C (continued) C2A Compensation anafvsis ourooses onlv. These figures represent the portion of the Appendix C1 rates above specifically allocated to wages. These rates do NOT include ta�cable contributions and therefore should NOT be used for tazable payroii calculations. See Appendices G2 and C3 for total taxa6le payrolt information. Effective 5/1199 $21.22 $21.22 $21.22 $23.17 $23.17 $24.12 Effective Effective 5/1/00 5/1/01 _ .. . „ , _. . .. Pipefitter Pipefitter-Controls Specialist Refrigeration, Gas and Oii Serviceworker Lead Pipefitter Master Pipefitter General Lead Pipefitter . • Y4 . <, C3 Taxabie rate for emolovees hired on or after Januarv 1. 1998 and for emplovees not covered bv PERA pe�sion. The total taxable hourly rate including wages and the vacation contribution in Appendix D for temporary employees appointed to the foliowing classes of positions shall be: Pipefitter Pipefitter-Controls Specialist Refrigeration, Gas and Oil Serviceworker �ead Pipefitter Master Pipefitter General �ead Pipefitter Effective 5/1/99 $27.13 $27.13 $27.13 $29.18 $29.18 $3�.18 Effective Effective 5/1/00 5/1/01 . .. _ .. . .. . .. . ., Note: In 1997, the pension laws were changed to exclude pipefitters hired by Saint Paul Public Schools as of January 1, 1998, from PERA coverage. � The May 1, 2000, hourly rates in Appendices C2, C2A and C3 shafl be detertnined at a later date based on the allocation agreed to by the Employer and the Union of the May 1, 2000, total hourly cost stated in Appendix Ct. � '� The May 1, 2001, hourly rates in Appendices C2, C2A and C3 shall be detertnined at a later date based on the ailocation agreed top by the Employer and the Union of the May 1, 2007, total hourly cost detertnined for the third-year wage reopener. 19 APPENDIX C (continued) C4 The basic hourly wage rates for the Apprentice class of positions: This Section is held open for the addition of appropriate Apprentice rates in the event the Emptoyer initiates the employment of Apprentices. If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the rates in Appendix C, Sections C2 through C4 in such a way that the total cost of the package (wage rate ptus contributions) remains constant and does not exceed the amounts shown in Appendix C, Section C1. � • � 20 q�� APPENDIX D Effective May 7, 1999, the Employer shall forward ihe amounts designated in this Appendix D for employees covered by this Agreement to depositories as directed by the Union and agreed to by the Employer: (1) $4.57 per hour for all hours worked from which all appropriate payroll deductions have been made to a Union-designated Credit Union Fund/Workinq Fee Fund. (2) $328 per hour for ali hours worked to a Union-designated Health and Welfare Fund. (3) $5.43 per hour for all hours worked to a Union-designated Pension Fund. � \J (4) {5) $.15 per hour for alt hours worked to a Union-designated Journeyman and A�prenticeshio Trainino Fund. $.05 per hour for alt hours worked ta a Union-designated International Traininq Fund. For empfoyees paid on Appendix C2 rates, the Empioyer shall make lega{ly estabiished non-negotiated pension contributions to PERA. Changes in the mandated PERA rate may change the calculated hourly base rate of pay so the Empioyer's cost does not exceed the amounts fisted in C1 above. AII contributions made in accordance with this Appendix D shail 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 Citv Pipe Trades Service Association. The Employer shali estabiish Workers' Compensation and Unemployment 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, funeral leave, jury duty or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance or Councii Resolutions. The Employer's fringe benefit obligation to employees is limited to the contributions andlor deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has fornrarded contributions andlor deductions. 21 A Absences From Work ..................................9 C Call Back .................................................5, 8 Ctasses of Positions ..............................7, t7 D Discharge..................................................11 Discipline.....................................................9 E Emergency Service Work ............................4 Employer Rights ..........................................1 F Failure to Report for Duty ......................9, 1 t Fringe Benefit Contributions ..............6, 7, 21 Fringe Benefits ............................................7 G Grievance Procedure ...........................12, 13 N Holiday Work ...............................................8 Holidays....................................................... 8 Hourly Wage ....................................6, 18, 19 Hoursof Work .............................................4 L Lead Pipefitter, General Lead Pipefitter and Master Pipefitter .......................................7 M Mileage..................................................6, 15 INDEX N Non-Discrimination ....................................14 O Overtime......................................................5 P PERA.........................................................21 Probationary Period .....................................3 R Resignation................................................11 S Seniority .....................................................10 StandBy ......................................................4 Subcontracting ...........................................14 T Temporary Empioyees Pay Rate .................6 Termi nation ................................................11 Tools....................................................11, 17 U Union Rights ................................................2 Union Steward .............................................2 W W ages .............................................6, 18, 19 Work Location ..............................................6 Work On A Designated Ho(iday ...................8 WorkWeek ..................................................4 Workday .......................................................4 i . i 22 INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION qq � �q� SAINT PAUL PUBLIC SGHOOLS DATE: June 22, 1999 TOPIC: Approval of an Employment Agreement With United Association of Pipefitters, Local 455, to Establish Terms and Conditions of Employment for1999-2002 A. PERTINENT �ACTS: ' 1. New Agreement is for the three-year period May 1, 1999 through April 30, 2002. 2. Contract changes are as foiiows: Holidavs: Changed holiday language to provide uniformiry with other district contracts. Mileaae: Language will be changed to read ". .. the current Board rate or $.31 per mile whichever is greater." New Title: The title of General Lead Pipefitter is created at $1.00 per hour over the rate of Lead Pipefitter. Waqes: Wage and benefit changes reflect prevailing wage for the industry. The third year will be a reopener for wages only. 3. The remaining language provisions o4 the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has nine regular F.T.E. in this bargaining unit. 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 empioyees in this school district for whom United Association of Pipefitters, Locai 455, is the exclusive representative; duration of said Agreement is for the period of May 1, 1999 through April 30, 2002. aG,�q� • � • r � ARTICLE Article Articie Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Articie Article Article Article Article Article Article Article Article 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. TABLE OF CONTENTS TITLE PAGE Preamble................................................................................................................ v P u rpose ..................................................................................................................1 Recognition .............................................................................................................1 Employer .....................................................................................................1 UnionRights ...........................................................................................................2 Scope of the Agreement .......................................................................................:.2 ProbationaryPeriods ..............................................................................................3 Philosophy of Employment and Compensation ......................................................3 Hours Work ........................................................................................................4 Ove rti m e .................................................................................................................5 Cali Back ................................................................................................................5 Work Location ........................................................................................................6 W ages ....................................................................................................................6 Fringe Benefits .......................................................................................................7 Selection of Lead Pipefitter, General Lead Pipefitter and Master Pipefitter...........7 Hol idays ......-� ..........................................................................................................8 Disciplinary Procedures ..........................................................................................9 Absences From Work .............................................................................................9 Sen iority ................................................................................................................10 Jurisdiction ............................................................................................................11 Separation ............................................................................................................11 Tools.....................................................................................................................11 Grievance Procedure ............................................................................................12 Right Subcontract ................................................................:............................14 Non -Discrimination ...............................................................................................14 Severabi ...........................................................................................................14 Waiver ..................................................................................................................15 Mileage .................................................................................................................15 Durafion Pledge ............................................................................................16 Appendix ...........................................................................................................17 Appendix ...........................................................................................................17 Appendix ...............................................................................................18, t9, 20 Appendix .............................................................................•----�--......................21 Index ..................................................................................................................... 22 � q �,�q� � � • PREAMBLE This Agreement is entered into between Independent School District No. 625, hereinafter referred to as the Employer, and the United Association of Steamfitters-Pipefitters Local Union No. 455, hereinafter referred to as the Union. The Empioyer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the Independent Schoot District No. 625 for the benefit of the general pubiic through effective labor-management cooperation. The Employer and the Union both realize that this goal depends not oniy on the words in the Agreement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general public. Gq �� ARTlCLE 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1.1 1.12 1.1.3 Achieve orderly and peacefui relations, thereby estab�ishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well being of all concemed; Set forth rates of pay, hours of work, and other conditions of empioyment as have been agreed upon by the Employer and the Union; Establish procedures to orderly and peacefully resolve disputes as to the appiication or interpretation of this Agreement without loss of productivity. 12 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in confiict wfth such legislation, the latter shali prevaii. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 26 (Severability). ARTICLE 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 regular, probationary, and temporary employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL-3066 dated November 22, 1989. 2.2 The classes of positions recognized as being exciusively represented by the Union are as listed in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage ail manpower, facilities, and equipment; to estabiish functions and programs; to set and amend budgets; to determine the utilization of technology; to estabiish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this Agreement. 32 Any "term or condition of employment" not estabiished by this Agreement shall remain with the Empioyer to eliminate, modify or establish following written notification to the Union. • ARTICLE 4. UNION RIGHTS � 4.1 The Empioyer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthiy Union dues. Such monies deducted shaii 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. 4.12 The U�ion shaA indemnify and save harmless the Emptoyer from any and all claims or charges made against the Employer as a resutt of the implementation of this Articie. 42 The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such Employee shall have the rights and responsibilities as designated in Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Empioyer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement estabiishes the "terms and conditions of employmenY' defined by � Minnesota Statute § 179A.03, Subdivision 19, for all employees exclusively represented by the Union. This Agreement shali supersede such "terms and conditions of employmenY' established by Civil Service Rule, Council Ordinance, and Council Resolution. � 2 � • • • ARTICLE 6. PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular empioyment status shall serve a six (6) month probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shaii be evaluated. 6.1.1 6.12 At any time during the probationary period an empioyee may be terminated at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class of positions shall serve a six (6)-month promotionai probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.2.1 At any time during the promotional probationary period an employee may be demoted to the employee's previousiy-held class of positions at the discretion of the Employer without appeal to the provisions of Articie 22 (Grievance Procedure). 622 An employee demoted during the promotional probationary period shall be returned to the employee's previously heid class of positions and shail receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7. PHILOSOPHY OF EMPLOYMENT ANO COMPENSATION 7.1 The Employer 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 employees for aii hours worked at the basic houriy wage rate and hourly fringe benefit rate as found in Article 12 (Wages) and 13 (Fringe Benefits). No other compensation or fringe benefit shall be accumulated or eamed by an employee except as specifically provided for in this Agreement. ARTICLE 8. HOURS OF WORK .�'.�il E:7Fa The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30)- minute unpaid lunch period, between 7:00 a.m. and 5:30 p,m. The normal workweek shall be five (5) consecutive normal workdays Monday through Friday. 8.3 If, during the term of this AgreemeM, it is necessary in the Empioyer's judgmertt to establish second and third shifts or a workweek 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 8.5 � This Section shall 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. Ail employees are subject to call 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, untess notification has been given not to report tor work prior to leaving home, or during the previous workday. 8.8 Stand Bv. Any Refrigeration, Gas and�il Serviceworker who is required to be available for emergency service work on weekends and holidays shall be guaranteed work or wages and fringes equivalent to: 40 minutes for Friday nights 80 minutes for Saturday and Saturday night 80 minutes for Sunday and Sunday night or 80 minutes for any holiday and holiday night of such 24-hour shift. Ail of the above at time and one-half rate. If the employee is called in for work, the above time shall be a part of, not in addition to, the time worked. . • . 4 �� • � • ARTICLE 9. OVERTIME 9.1 All overtime compensated for by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work ciaim wili be honored for payment or credit uniess approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance apprDVal has been obtained. 92 The rate of one and one-half (1-1/2) the basic hourly rate and fringes shall be the overtime rate for work performed under the following circumstances: 92.1 9.2.2 9.3 �xf Time worked in excess of eight (8) hours in any one normal workday, and Time worked in excess of 40 hours in a seven (7)-day period. For the purpose of caiculating 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 10.1 The Empioyer retains the right to call back empioyees before an employee has started a normal workday or normal workweek and after an employee has completed a normal workday or normal workweek. 10.2 Employees called back shall receive a minimum of four (4) hours of pay at the basic hourly rate. 10.3 The hours worked based on a caii back shall be compensated in accordance with Article 9(Overtime), when appiicable, and subject to the minimum established by 10.2 above. 10.4 Employees 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 Articie 9 (Overtime). 5 ARTICLE 11. WORKLOCATION • 11.1 Employees shall report to work location as assigned by a designated Employer supervisor. During the normal workday, employees may be assigned to other work locations at the discretion of the Employer. 11.2 Employees assigned to work locations during the normal workday other than their originai assignment, and who are required to fumish their own transportation, shall be compensated for mileage, as provided by 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. 122 Regular employees shaii be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Articie 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). . � 0 qq �q1 � • � ARTIC�E 13. FRINGE BENEFITS 13.1 The Employer shall make contributions on behalf of and/or make deductions from the wages of participating employees as defined in Article 12.3, 12.4, and 12.5 covered by this Agreement in accordance with Appendix D for all hours worked. 132 The Employer will for the period of this Agreement provide, for those employees who were `grandfathered" as eligible for the EmpioyePs Heaith and Welfare Plan and who have retired since April 1, 1975, such health insurance premium contributions up to the same dollar amounts as are provided by the Employer at the date of early retirement and the cost of premium contributions toward $5,000 I'rfe insurance coverage until such employees reach sixty-five (65) years of age. In order to be eligible for the premium contributions under the provision 13.2 and 13.3 the employee must: 132.1 132.2 Be receiving beneffts 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. 132.3 Inform the Human Resource Department of Independent School District No. 625 and Personnel 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 for early retiree insurance benefits. 13.3 An employee who retired at age sixty-five (65) or later and who met the criteria in t32, or for eariy retirees who qualified under 13.2 and have reached age sixty-five (65) after retirement the Employer will provide payment of premium for a Medicare supplement heaith coverage policy selected by the Employer. ARTICLE 14. SELECTION OF LEAD PIPEFITTER, GENERAL LEAD PIPEFII?ER, AND MASTER PIPEFITTER 14.1 The selection of personnel for the class of position of Lead Pipefitter, General Lead Pipefitter and Master Pipefitter shall remain solely with the Employer. 14.2 14.3 14.4 The class of position Lead Pipefitter, General Lead Pipefitter and Master Pipefitter shali be filled by employees of the bargaining unit on a"temporary assignment ° Ali `4emporary assignments° shali be made only at the direction of a designated Employer supervisor. Such "temporary assignments" shall be made oniy in cases where the ciass of positions is vacant for more than one (1) normal workday. ARTICLE 15. HOLIDAYS 15.1 The following nine (9) days shall be designated as holidays: New Year's Day Martin Luther King Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving 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 following Monday shaii be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 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, employees may be scheduled or "called 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 all hours worked. 15.6 If Martin Luther King, Jr. Day or Presidents' Day falis on a day when school is in session, the employee shall work that day at straight time and another day shall be designated as the holiday. This designated holiday 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 wiil be offered an opportunity to work that day at the straight-time rate and will not be required to take another day off to replace the holiday. If the emplayee is called in on such day, they will be called in accordance with Article 10 and paid as in 15.5. • i � ��.�a� � ARTICLE 16. DISCIPLINARY PROCEDURES 16.1 The Employer shall have the right to impose disciplinary actions on emptoyees for just cause. 16.2 Disciplinary actions by the Empioyer shall inciude only the following actions: 16.2.1 Oral reprimand; 16.2.2 Written reprimand; 162.3 Suspension; 16.2.4 Demotion; 162.5 Discharge. u • 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 empioyee's behaif initiates review of an action, that matter shall not again be reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.1 Employees who are unable to report for their normai workday have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 17.2 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 normal workdays may be considered a"quit" by the Empioyer on the part of the employee. 0 ARTICLE 18. SENIORITY 18.1 Seniority, for the purposes of this Agreement, shaii be defined as follows: 18.1.1 "Master Seniority' - The length of continuous regular and probationary service with the Employer from the last date of employment in any and ail class titles covered by this Agreement. 18.12 "Class Seniorit�' - The length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a class titie covered by this Agreement. 182 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 empioyee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer that it is necessary to reduce the workforce, empioyees will be laid off by class title within each department based on inverse length of "Class Seniority." Employees laid off shall have the right to reinstatement in any lower- paid class title, provided empioyee has greater "Master Seniority' than the employee being replaced. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority," subject to the approval of the Empioyer. • • � i0 qq.�q� . • ARTICLE 19. JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions are recognized as an appropriate subject for determination by the various unions representing employees of the Employer. 192 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 possibie to resolve the dispute. Nothing in the foregoing shail 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 ciarified by Sections 19.2 and 19.3 above shali 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 resulting from a work assignment. ARTICLE 20. SEPARATION 20.1 Employees having a probationary or regular empioyment status shall be considered separated from employment based on the following actions: 20.1.1 Resiqnation. Employees resigning from employment shali give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1.2 Discharae. As provided in Article i 6. 20.1.3 Failure to Reoort for DuN. As provided in Articie 17. . 202 Empioyees having a temporary employment status may be terminated at the discretion of the Employer before the compietion of a normal workday. ARTICLE 21. TOOLS 21.1 All employees shall personally provide themseives with the tools of the trade as listed in Appendix B. 11 ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shali notify the Employer in writing of the names of the Stewards and of their successore when so named. 222 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is iimited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 22.3 The procedure established by this Article shall, except as previously noted in Article 16 (Disciplinary Procedures), be the sole and exctusive 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 resoived in conformance with the foilowing procedure: Step 1. Upon the occurrence of an alleged violafion of this Agreement, ihe employee involved shall attempt to resolve the matter on an informal basis with the empioyee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occunence of the event giving rise to the grievance or within the use of reasonable diligence shouid have had knowiedge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Steo 2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days foliowing 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. . • i ,2 qq: �a� C� ARTICLE 22. GRIEVANCE PROCEDURE (continued) Ste� 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the Empioyer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a resuR of the written response, the grievance remains unresoived, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days foilowing receipt of the Employe�s answer shall be considered waived. Steo 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shail be conducted by an arbitrator to be selected by mutuai agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven- (7) day period, either party may request the Bureau of Mediation Services to submit a panei of five (5) arbitrators. Both the Employer and the Union shail 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 wiii be repeated and the remaining person shali be the arbitrator. • � 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) 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 arbRrator shall be final and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsibie for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. iR3 ARTICLE 23. RIGHT OF SUBCONTRACT • 23.1 The Empioyer 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 wouid result in a reduction of the workforce covered by this Agreement, the Employer shall give the Union a ninety (90)-calendar day notice of the intention to subcontract. 232 The subcontracting of work done by the employees covered by this Agreement shai! in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRIMINATION 24.1 The terms and conditions of this Agreement will be applied to employees equally without _ regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or non-membership in the Union. 242 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general pubtic. ARTICLE 25. SEVERABILITY • 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 25.2 The parties agree, upon written notice, to enter into negotiations to place the voided provisions of the Agreemen} �n compliance with the legislative, administrative or judicial _ determination. i ,4 �q.� ��l • 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 emptoyment. The agreements and understandings reached by the parties after the exercise of this right are fully and completeiy set forth in this Agreement. 26.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment whether specifically covered or not spec'rfically covered by this Agreement. The Union and Employer may, however, mutualiy agree to modify any provision of this Agreement. 26.3 Any and ali prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of empioyment, to the extent they are inconsistent witfi tfiis Agreement, are hereby superseded. ARTICLE 27. MILEAGE 27.1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be eligible for such . reimbursement, employees must receive authorization from the District Mileage Committee utifizing one of the fo{lowing plans: PLAN °A" is reimbursed at the current Board rate or 31¢ per mile, whichever is greater. In addition, a maximum amount, which can be paid per month, is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another working in the same or similar position. Under this pian, it is necessary for the employee to keep a record of each trip made. � 15 ARTICLE 28. DURATION AND PLEDGE 28.1 This Agreement shali become effective as of May 1, 1999, and shall remain in effect through the 30th day of Aprii 2002, and continue in effect from year to year thereafter un�ess notice to change or to terminate is given in the manner provided in 28.2. 28.2 If either party desires to tertninate or mod'rfy this Agreement effective as of the date of expiration, the party wishing to modify or terminate the Agreement shali give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided that the Agreement may only be so terminated or mod'rfied effective as of the expiration date. _ 28.3 In consideration of the terms and conditions of employmeM established 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 peacefully resolved, the parties hereby pledge that duri�g the term of the Agreemerrt: 28.3.1 The Union and the empioyees wiii not engage in, instigate or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work or absent themselves in whole or part from the full, faitMui perfortnance of their duties of employment. 28.32 The Employer wili not engage in, instigate or condone any lockout of employees. 28.3.3 This constftutes a tentative Agreement between the parties which will be recommended by the Negotiations/Labor Relations Manager, but is subject to the approval of the Board of Education and is aiso subject to rat'rfication by the Union. The parties agree and attest that this Agreement represents the full and compiete 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: INDEPENDENT SCHOOL DISTRICT NO. 625 i l ti C air, ard of Education � Negotiations/Labor Rela' s Manager tl0 Negotiations/L r Relations Asst. Manager UNITED ASSOCIATION OF STEAMFITERS-PIPEFITTERS LOCAL NO. 455 � 8usiness epresentative 6�a-i �99 �e 7-/-99 Date 16 • . � q q,-��1 • APPENDIX A The classes of posftions recognized by the Employer as 6eing exclusively represented by the Union are as foilows: Lead Pipefitter General Lead Pipefitter Master Pipefitter Pipefitter Pipefitter - Control Specialists Refrigeration, Gas and Oil Serviceworker Apprentice - Pipefitter General Lead Pipefitter 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' folding ruler � 17 APPENDIX C C1 Total packaqe amount. The total hourly cost to the Employer for wages plus any and aii contributions or deductions stated in Appendix D of this Agreement shall not exceed the foilowing amounts: Pipefitter Pipefitter-Controls Specialist Refrigeration, Gas and Oil Serviceworker Lead Pipefitter Master Pipefitter Generai Lead Pipefitter Effective 5/1 /99 $36.04 $36.04 $36.04 $38.09 $38.09 $39.09 Effective Effective 5/1/00 5/1/01� $37.66 "� $37.66 "� $37.66 $39.81 $39.81 $40.81 t t+> t c» C2 Taxable rate for emplovees covered bv PERA Pension Fund. The total taxable houriy rate including wages and the vacation contribution in Appendix D and excluding all other benefit costs and obligations in Appendix D, for regular and probationary employees appointed to the foilowing classes of positions shall be as follows: Pipefitter Pipefitter-Controls Specialist Refrigeration, Gas and Oii Serviceworker Lead Pipefitter Master Pipefitter General Lead Pipefitter Effective Effective 5/1/99 5/1/00 $25.79 ' $25.79 ' $25.79 ' $27.74 ' $27.74 ' $28.69 ' Effective 5/1101 .. :. .: � The parties agree that for the third year of this Agreement there will be a wage 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 1, 2000, total hourly cost stated in Appendix C1. �� The May 1, 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 hourly cost determined for the third-year wage reopener. . . � fF:3 �q.�� . . APPENDIX C (continued) C2A Compensation analvsis pumoses onlv. These figures represent the portion of the Appendix Ci rates above spec'rfically aliocated to wages. These rates do NOT include taxabie contributions and therefore should NOT be used for taxable payroll calculations. See Appendices C2 and C3 for total taxable payroll information. C3 Pipefitter Pipefitter-Controls Specialisi Refrigeration, Gas and Oil Serviceworker Lead Pipefitter Master Pipet'stter General Lead Pipefitter vacation contribution in i classes of positions shall Effective Effective Effective 5/1/99 5/1/00 5/1/01 $2122 ` " $21 22 ` „ �V2�.22 � x $23.17 $23.17 $24.12 . Pipefitter Pipefitter-Controls Specialist Refrigeration, Gas and Oii Serviceworker Lead Pipefitter Master Pipefitter Generai Lead Pipefitter rate including wages and the ees appointed to the following x� xe .. D for temporary Effective Effective 5!1 /99 5!1 /00 $27.13 ' $27.13 ' $27.13 * $29.18 ' $29.18 ' $30.18 * Effective 5/1 /01 _. ._ .. Note: In 1997, the pension laws were changed to exclude pipefitters hired by Saint Paul Public Schools as of January 1,1998, from PERA coverage. ' The May 1, 2000, houAy rates in Appendices C2, C2A and C3 shall be determined at a later date based on the allocation agreed to by the Employer and ihe Unio� of the May 1, 2000, total hourly cost stated in Appendix Ct. � *' The May t� 2001, hourly rates in Appendices C2� C2A and C3 shail be determined at a later date based on the allocation agreed top by the Employer and the Union of the May 1, 2001, total houriy cost determined for the third-year wage reopener. � APPENDIX C (continued) C4 The basic hourly wage rates for the Apprentice class of positions: This Section is held open for the addition of appropriate Apprenfice rates in the event the Employer initiates the employment of Apprentices. If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the rates in Appendix C, Sections C2 through C4 in such a way that the total cost of the package (wage rate plus contributions) remains constaM and does not exceed the amounts shown in Appendix C, Section C1. • • � 20 a q,'l� 1 � l I u APPENDIX D Effective May 7, 1999, the Employer shali forvvard the amounts designated in this Appendix D for empioyees covered by this Agreement to depositories as directed by the Union and agreed to by the Empioyer. (1) $4.57 per hour for all hours worked from which ail appropriate payroll deductions have been made to a Union-designated Credit Union Fund/Workina Fee Fund. (2) $328 per hour for all hours worked to a Union-designated Health and Welfare Fund. (3) $5.43 per hour for all hours worked to a Union-designated Pension Fund. • . (4) (5) $.15 per hour for all hours worked to a Union-designated Joumevman and A�orenticeshio Trainina Fund. $.05 per hour for aii hours worked to a Union-designated International Traininq Fund. For empioyees paid on Appendix C2 rates, the Empioyer 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 Ci above. All contribuiions made in accordance with this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix Ci. The Appendix D amounts shall be forwarded to the Twin Citv Pipe Trades Service Association. The Employer shail establish Workers' Compensation and Unemployment 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, funeral 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 benefit obligation to employees is limited to the contributions and/or deductions estabiished by this Agreement. The actual level of benefits provided to empioyees shall be the responsibility of the Trustees of ihe various funds to which the Employer has forwarded contributions and/or deductions. � 21 A Absences From Work ..................................9 C CallBack .................................................5, 8 Classes of Positions ..............................7, 17 D Discharge..........................:.......................11 Discipline.....................................................9 E Emergency Service Work ............................4 Employer Rights ..........................................1 F Failure to Report for Duty ......................9, 11 Fringe Benefit Contributions ..............6, 7, 21 Fdnge Benefits .................°-°--.....--°--°------� G Grievance Procedure ...........................12, 13 H Holiday Work ...............................................8 Holidays....................................................... 8 Hourly Wage.....--•-�� .........................6, 18, 19 Houre of Work .............................................4 L Lead Pipefitter, General Lead Pipefitter and Master Pipefitter .......................................7 M Mileage ..................................................6, 15 INDEX N Non-Discrimination ....................................14 O Overtime ......................................................5 P PERA.........................................................21 Probationary Period .....................................3 R Resignation ................................................11 S Seniority.....................................................10 StandBy ......................................................4 Subcontractin g ...........................................14 T Temporary Employees Pay Rate .................6 Te rmination .............................•--.. _.... -�--�---.1'I Tools.....--•• ...........................................11, 17 U Union Rights ................................................2 Union Steward .............................................2 W W ages .............................................6, 18, 19 Work Location ..............................................6 Work On A Designated Hoiiday ...................8 WorkWeek ..................................................4 Workday .......................................................4 i . • P�'a �l`dNIJ1� Presented Referred To Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 1999-2002 Employment Agreement between the Independent School District No. 625 and the United 3 Association of Pipefitters Local Union No. 455. Requested by Department oE Office of Labor Relations � B �'�-�-�^� �- � Adopted by Council: Date � ��° Adoption Certified by Council Secretaiy By: a— , Approved by a or: Dat . a� `� By: a Council File # qq�� Green Sheet # 64042 RESOLUTION �TY OF SAINT PAUL, MINNESOTA � Form Ap oved by C' tt � By: ��\�l �-X �`t� q4 � DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET No.• 64042 `� _� � LABOR RELATIONS July 30, 1999 ' CONTACT PERSON & PAONE: q INrrl�unATE miTiAUnATE JLJLIE KRAUS 266-6488 p�IGN I DEPARTMbN'C DIR. 4 CITY COUNCIL NUMBER 2 CITY ATI'ORNEY CITY CLERK MUST BE ON COUNCIL AGENDA BY (DATE) R�U,1.ING 3 MAYOR (OR ASST.) � FIN. & MGT. SERVICE DIR ORDER TOTAL # OF SIGNATURE PAGES_I (CLIP ALL LOCATIONS FOR SIGNATURE) acr►ox xEQUESrEn: This resolution approves the attached 1999-2002 Employment Agreement between the Independent School District No. 625 and the United Association of Pipefitters Local Union No. 455. RECOMMENDAITONS: Approve (A) or Rejec[ (R) PERSONAI, SERVICE CONT'RACTS MUST ANSWER TEIE FOLLOWING QUESTIONS: � PLANNING COMMISSION CM[, SERVICE COMIvIISSION 1. Has this person/firtn ever worked under a wnvact for this degartrnent? CIB COMMITTEE Yes No STr1FF 2. Has this person/firm ever been a city employee? DISTRICT CAURT Yes No SUPPORTS WHICH Wi1NCIL OBJECTIVE? 3. Does this person/firtn possess a skill not nortnaliy possessed by any curten[ city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM, ISSUE, OPPOR'I'UNI1'Y (K'ho, What, When, Where, Why): ADVANTAGES iF APPROVED: MF�!.��+,:�ES �.^�,ti.`,,.�,�"a�.� , t'a: This Agreement pertains to Board of Education employees only. �� DISADVANTAGESIFAPPROVED: - - n' DISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACI'ION: COSTlREVENUE BUDGETED: FUNDING SOURCE: ACTIVI'I'Y NUMBER: FINANCIAi. INFORMATION: (EXPLAIN) INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION �� SAINT PAUL PUBLIC SCHOOLS � � � �� DATE: June 22, 1999 TOPIC: Approval of an Employment Agreement With United Association of Pipefitters, Local 455, to Establish Terms and Conditions of Employment for1999-2002 p. PERTINENT FACTS: ' 1. New Agreement is for the three-year period May 1, 1999 through April 30, 2002. 2. Contract changes are as foliows: Holidavs: Changed holiday language to provide uniformity with other district contracts. Milea e: Language wili be changed to read ". .. the current Board rate or $.31 per mile whichever is greater:' New Title The title of General Lead Pipefitter is created at $1.00 per hour over the rate of Lead Pipefitter. Waqes: Wage and benefit changes reflect prevailing wage for the industry. The third year will be a reopener for wages only. 3. The remaining language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has nine regular F.T.E. in this bargaining unit. 5. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager; Richard Kreyer, NegotiationslLabor Relations Manager; and Wif{iam Larson, Deputy Superintendent of Operations B. RECOMMENDATION: That the Board of Education of Independent School Disirict No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this schooi district for whom United Association of Pipefitters, Local 455, is the exclusive representative; duration of said Agreement is forthe period of May 1, 1999 through April 30, 2002. q�-��1 . . • \ • ARTICLE Article Article Article Article Article Articie Article Article Article Article Article Articie Articie Article Article A�ticle Articie Article Article Article Article Article Article Article Article Article Article Article 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. �1. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. TABLE OF CONTENTS TITLE PAGE Preamble................................................................................................................ v Purpose.................................................................................�--.......................---....1 Recognition ............................................................................................................. i Employer .....................................................................................................1 UnionRights ...........................................................................................................2 Scope of the Agreement .......................................................................................:.2 Probationary Periods ..............................................................................................3 Philosophy of Employment and Compensation ......................................................3 Hoursof Work ........................................................................................................4 Overti .................................................................................................................5 CallBack ................................................................................................................5 Work Location ........................................................................................................6 Wages ....................................................................................................................6 Fringe Benefits .......................................................................................................7 Selection of Lead Pipefitter, General Lead Pipefitter and Master Pipefitter...........7 Holidays ..................................................................................................................8 Disciplinary Procedures ..........................................................................................9 Absences From Work .............................................................................................9 Sen i o rity ................................................................................................................10 Jurisdiction............................................................................................................ t 1 Separation ............................................................................................................11 To o I s .....................................................................................................................11 Grievance Procedure ............................................................................................12 Rightof Subcontract .............................................................................................14 Non-Discrimination ...............................................................................................14 Severability ...........................................................................................................14 Waiver ..................................................................................................................15 Mi leag e .................................................................................................................15 Duration Pledge ............................................................................................16 Appendix ...........................................................................................................17 Appendix ...........................................................................................................17. Appendix ...............................................................................................18, 19, 20 Appendix ...........................................................................................................21 Index .....................................................................................................................22 � qq��q� � � • PREAMBLE This Agreement is entered into between Independent School District No. 625, hereinafter referred to as the Employer, and the United Association of Steamfitters-Pipefitters Local Union No. 455, hereinafter referred to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the Independent School District No. 625 for the benefit of the general public through effective labor-management cooperation. The Empioyer and the Union both reatize that this goai depends not only on the words in the Agreement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general pubiic. u q9-�q . ARTICLE 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1.1 Achieve orderiy and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and weli being of all concemed; 1.12 Set forth rates of pay, hours of work, and other condftions of employment as have been agreed upon by the Employer and the Union; 1.1.3 Estabiish procedures to orderly and peacefully resolve disputes as to the appiication or interpretation of this Agreement without loss of 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 legisiation, the latter shail prevail. The parties, on written notice, agree to negotiate that part in conflict so that it cor�forms to the statute as provided by Article 26 (Severability). ARTICLE 2. RECOGNITION • 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regufar, probationary, and temporary empioyed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL3066 dated November 22, 1989. 2.2 The classes of positions recognized as being exclusively represented by the Union are as listed in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Empioyer retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifically limfted by this Agreement. 3.2 Any "term or condition of employment" not estabiished by this Agreement shall remain with the Employer to eliminate, modify or establish foilowing written notification to the Union. � ARTICLE 4. UNION RIGHTS 4.1 4.2 The Employer shall deduct from the wages of emptoyees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shali be remitted as directed by the Union. 4.1.1 4.12 The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. The Union shall indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of this Article. The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such Employee shall have the rights and responsibilities as designated in Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Employer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employment° defined by Minnesota Statute § 179A.03, Subdivision 19, for all employees exclusively represented by the Union. This Agreemenf shait supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. • • � Pa �� . • i 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) month probationary period during which time the employee's fitness and ability to perform the ciass of posftions' duties and responsibilities shall be evaluated. ARTICLE 6. PROBATIONARY PERIODS 6.2 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 Articie 22 (Grievance Procedure). 6.1.2 An empioyee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. All personnel promoted to a higher class of positions shall serve a six (6)-month promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.2.1 At any time during the promotional probationary period an employee may be demoted to the empioyee's previously-held class of positions at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.2.2 An empioyee demoted during the promotional probationary period shall be returned to the employee's previously held class of positions and shall receive a written notice of the �easons for demotion, a copy of which shall be sent to the Union. ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 72 7.3 The Employer and the Union are in full agreement that the philosophy of empioyment and compensation shail be a"cash" houriy wage and "industry' fringe benefit system. The Empioyer shall compensate employees for all hours worked at the basic hourly wage rate and houriy fringe benefit rate as found in Articie 12 (Wages) and 13 (Fringe Benefits). No other compensation or fringe benefit shali be accumulated or earned by an employee except as specifically provided for in this Agreement. ARTICLE 8. HOURS OF WORK 8.1 82 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30)- minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. The normal workweek shall 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 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 8.5 � This Section shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal workweek. Ali employees shall be at the location designated by their supervisor, ready for work, at the estabiished starting time and shall remain at an assigned work location until the end of the established workday unless otherwise directed by their supervisor. Ali employees are subject to call back by the Employer as provided by Article 10 (Call Back). 8.7 Employees reporting for work at the established starting time and for whom no work is available shail receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous workday. 8.8 Stand Bv. Any Refrigeration, Gas and Oil Serviceworker who is required to be available for emergency service work on weekends and holidays shall be guaranteed work or wages and fringes equivalent to: 40 minutes for Friday nights 80 minutes for Saturday and Saturday night SO minutes for Sunday and Sunday night or 80 minutes for any holiday and holiday night of such 24-hour shift. All of the above at time and one-half rate. if the employee is called in for work, the above time shall be a part of, not in addition to, the time worked. • � . �� u . u ARTICLE 9. OVERTIME 9.1 All overtime compensated for by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim wili not be honored, even though shown on the time card, unless the required advance approval has been obtained. 9.2 The rate of one and one-haif (1-1/2) the basic hourly rate and fringes shaii be the oveRime rate for work performed under the following circumstances: 9.2.1 9.2.2 9.3 � Time worked in excess of eight (8) hours in any one normal workday, and Time worked in excess of 40 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 shail be paid in cash or compensatory time as determined by the Employer. ARTICLE 10. CALL BACK 10.1 The Employer retains the right to call back employees before an employee has started a normal workday or normal workweek and after an employee has completed a normai workday or normal workweek. 10.2 Employees called back shall receive a minimum ot 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 applicable, and subject to the minimum established by 102 above. 10.4 Employees cailed back four (4) hours or less, prior to their normal workday shall complete the normai workday and be compensated only for the overtime hours worked in accordance with Article 9 (Overtime). 67 AR7ICLE 11. WORK LOCATION 11.1 Empioyees shail report to work location as assigned by a designated Employer supervisor. During the normal workday, employees may be assigned to other work locations at the discretion of the Empioyer. 112 Empioyees assigned to work locations during the normal workday other than their original assignment, and who are required to furnish their own transportation, shail be compensated for mileage, as provided by Article 27 (Mileage). ARTICLE 12. WAGES 12.1 The basic hourly wage rates as established by Appendix C shail be paid for all hours worked by an employee. 122 Regular employees shaii be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (Fringe Benefits). � 12.3 Temporary empioyees shall be compensated in accordance with Article 12.1 (Wages) and have tringe benefit coniribufions and/or deduciions made in their behalf as provided for by Article 13 (Fringe Benefits). � � � �q,�q7 ARTICLE 13. FRINGE BENEFITS � 13.1 The Empioyer shaii make contributions on behalf of and/or make deductions from the wages of participating employees as defined in Article 12.3, 12.4, and 12.5 covered by this Agreement in accordance wRh Appendix D for ati hours workeci. 13.2 The Employer will for the period of this Agreement provide, for those employees who were `grandfathered" as eligible for the Employers Health and Welfare Plan and who have retired since April 1, 1975, such heaith insurance premium contributions up to the same dollar amounts as are provided by the Empioyer at the date of early retirement and the cost of premium contributions toward $5,000 life insurance coverage untii such empioyees reach sixty-five (65) years of age. In order to be eligible for the premium contributions under the provision 13.2 and 13.3 the employee must: 132.1 t322 Be receiving benefits from a public empioyee retiree act at the time of retirement. Have severed the emptoyment relationship with the City of Saint Paul a�dlor Independent Schooi District No. 625 under one of the early retiree plans. 13.2.3 Inform the Human Resource Department of Independent School District No. 625 and Personnet 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 for early retiree insurance benefits. • i3.3 An employee who retired at age sixty-five (65) or later and who met the crfteria in 13.2, or for early retirees who qualified under 13.2 and have reached age sixty-five (65) after retirement the Employer will provide payment of premium for a Medicare supplement health coverage policy selected by the Employer. ARTICLE 14. SELECTION OF LEAD PIPEFITTER, GENERAL LEAD PIPEFITTER, AND MASTER PIPEFITTER 14.1 142 14.3 14.4 • The selection of personnel for the ciass of position of Lead Pipefitter, General Lead Pipefitter and Master Pipefitter shall remain solely with the Employer. The class of position Lead Pipefitter, Generai Lead Pipefitter and Master Pipefitter shall be filled by employees of the bargaining unit on a`temporary assignment" Ali `Yemporary assignments" shalf be made onty at the direction of a desig�ated Employer supervisor. Such "temporary assignments" shall be made oniy in cases where the class of positions is vacant tor mose than one (1) normal workday. 7 ARTICLE �5. HOLIDAYS 15.1 The fotiowing nine (9) days shall be designated as holidays: New Yea�'s Day Martin Luther King Jr. Day Presidents' Day Memorial Day independence Day Labor Day Thanksgiving Day Day After Thanksgiving 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 Yea�s Day, Independence Day or Christmas Day falls o� a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shali be considered the designated holiday. 15.3 The nine (9) holidays shali be considered non-workdays. 15.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 10, Call Back. 15.5 Employees caf{ed in to work on a designated holiday sha4t be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 15.6 If Martin Luther King, Jr. Day or Presidents' Day fails on a day when school is in session, the employee shaii work that day at straight time and another day shall 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 falls on a day when school is not in session, that day will normaily be an unpaid holiday. If the Employer schedules work on such days, employees wiil be offered an opportunity to work that day at the straight-time rate and wit4 not be requ+red to take another day off to replace the holiday. If the employee is cailed in on such day, they will be called in accordance with Article 10 and paid as in 15.5. u � i qq.�a� • 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 Empioyer shall include only the followi�g actions: 16.2.i Oral reprimand; 16.2.2 Written reprimand; 162.3 Suspension; 162.4 Demotion; 162.5 Discharge. � • 16.3 EmpVoyees who are suspended, demoted or discharged shali retain all rights under Minnesota Statute § 179A.20, Subd. 4, and thereby shaii 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 shall not again be reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal workday have the responsibility to notify their supervisor of such absence as soon as possible, but in no event Iater than the beginning of such workday. 17.2 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 tor three (3) consecutive normal workdays may be considered a"quit" by the Employer on the part of the employee. ARTtCLE 18. SENtORiTY 18.t Seniority, for the purposes of ihis Agreement, shall be defined as foltows: 18,1.1 "Master Seniority' - The length of continuous reguiar and probationary service with the Emptoyer from the last date of employment in any and a!1 ctass titles covered by this Agreement. 18.1.2 "Class Seniority" - The length of continuous regular and probationary service with the Empioyer from the date an employee was first appointed to a class title covered by this Agreement. 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 iltness or injury; is granted to aftow an employee to accept an appointment to the unclassified service of the Empioyer or to an elected or appointed full-time position with the Union. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Empioyer that it is necessary to reduce the workforce, employees will be laid off by class title within each department based on inverse length of "Class Seniority.' Employees laid off shali have the right to reinstatement in any lower- paid class title, provided employee has greater "Master Seniority' than the employee being replaced. i8.5 The seleetion of vacation periods shail be made by class titie based on iength of `Class Seniority," subject to the approval of the Empioyer. � � � 10 c�q,�q� • • ARTICLE 19. dURiSDICTION 19.1 Disputes conceming work jurisdiction between and among unions are recognized as an appropriate subject for determination by the various unions representing employees of the Employer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions invoived. i9.3 tn the event ot a dispute conceming the pertormance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 19.4 Any empioyee refusing to perform work assigned by the Employer and as clarified by Sections 19.2 and 19.3 above shail be subject to discipiinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resuiting from a work assignment. AflTiCLE 20. SEPARATiON 20.1 Employees having a probationary or regular employment status shai( be considered separated from employment based on the following actions: 20.1.1 Resiqnation. Employees resigning from employme�t shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.12 Discharoe. As provided in Article 16. 20.1.3 Failure to Report for DuN. As provided in Article 17. • 20.2 Employees having a temporary employment status may be terminated at the discretion of the Empioyer before the completion of a normai workday. ARTICLE 21. TOOLS 2t.1 All employees shalt personatty provide themselves with the toots of the trade as listed in Appendix B. 11 ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievartce representative of the bargaining unit. The Union shal! notity the Employer in writing of the names of the Stewards and of their successors vuhen so named. 22.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent wiih such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed durfng working hours, provided the Steward and the empioyee have not'rfied and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 22.3 The procedure established by this Article shall, except as previously noted in Article 16 (Disciplinary Procedures), be the sole and exclusive procedure for ihe processing ot grievances, which are defined as an alleged violation of the terms and condftions of this Agreement. 22.4 Grievances sha(i be resoived in conformance with tfie following procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee invoived shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alfeged section(s) of the Agreement violated, and the relief requested. Any atieged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Ste�2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (� 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. � � • 12 q��1�� r • ARTICLE 22. GRIEVANCE PROCEDURE (continued) Steo 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business _ Manager or his designated representative and attempt to resolve the grievance. Wdhin seven (7) calendar days following this meeting, the Employer shall repiy in writing to the Union stating the Empfoye�'s answer conceming tfie grievance. ff, as a result of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employe�s answer shall be considered waived. Steo 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written no6ce 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. ti the parties fail to mutualfy agree upon an arbitrator within ihe said seven- (7) day period, either party may request the Bureau of Mediation Services to submit a panei of five (5) arbitrators. Both the Employer and the Union shaii have the right to strike two (2) names from ihe panel. The Union shall strike the first (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. • u 22.5 The arbitrator shatt have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide oniy the specific issue submitted in writing by the Employer and the Union and shali have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions comrary to or inconsistern with or modifying or varying in any way the appiication of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days 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 appiication of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equaliy by the Employer and the Union, provided that each party shall be responsible for compensating fts own representative and witnesses. if efther party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it 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. 13 ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. in the event that such contracting would result in a reduction of the workforce covered by this Agreement, the Employer shail give the Union a ninety (90)-calendar day notice of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by this Agreement shall in a!! cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRIMINATION 24.1 The terms and conditions of this Agreement will be applied to employees equally without regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or non-membership in the Union. 242 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities invotve other employees and the generat pubfic. ARTICLE 25. SEVERABILITY 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeai is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 252 The parties agree, upon written notice, to enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative or judicial determination. u • � 14 Qq,� q� . ARTICLE 26. WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and compietely set forth in this Agreement. 26.2 Therefore, the Employer and the Union for the duration of this Agreement agree ihat the other party shaii not be obligated to meet and negotiate over any term or condition of employment whether specifically covered or not specifically covered by this Agreement. The Union and Employer may, however, mutuaily agree to modify any provision ot 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 Agreeme�t, are hereby superseded. ARTICLE 27. MILEAGE 27.1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be eligible for such • reimbursement, employees must receive authorization from the District Mileage Committee utilizing one of the folfowing plans: PLAN "A" is reimbursed at the current Board rate or 31 ¢ per miie, whichever is greater. In addition, a maximum amount, which can be paid per month, is established by an estimate furnished by the empioyee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. � 15 ARTICLE 28. DURATION AND PLEDGE 28.1 This Agreement shall become effective as of May 1. 1999, and shall remain in effect through the 30th day af Aprit 2002, artd continue irt effect trom year to year thereafter unless notice to change or to tertninate is given in the manner provided in 282. 28.2 H either party desires to terminate or modify this Agreement effective as of the date of expiration, the paRy wishing to modify or tertninate the Agreemerrt shall give written notice to the other party, not more than ninety (90) or less than sucty (60) calendar days prior to the e�cpiration date, provided that the AgreemeM may only be so tertninated or modified effective as of the expiration date. _ 28.3 In consideration of the tertns and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein estabtished is the means by which grievances conceming its application or iMerpretation may be peacefully resolved, the parties hereby pledge that during the tertn of the Agreement: 28.3.1 The Union and the employees will not engage in, instigate or condone any concerted action in which employees fail to report for duty, wilifully abseM themselves from work, stop work, slow down their work or abseM themseives in whole or part from the full, faithful performance of their duties of employment. 28.32 The Employer will not engage in, instigate or condone any Ixkout of employees. 28.3.3 This constRutes a tentative Agreement between the parties, which will be recommended by the Negotiations/Labor Relations Manager, but is subject fo the approval of the Board of Education and is also subject to rafrfication by the Union. The parties agree and attest that this Agreement represents the full and complete understanding of the parties for the period of time herein spec'rfied by the signature of the foliowing representatives for the Employer and the Union. W ITNESSES: INDEPENDENT SCHOOL DISTRICT NO. 625 UNITED ASSOCIATION OF STEAMFITERS-PIPEFITTERS LOCAL NO. 455 � Business epresentative 6�� 99 Da� 7-/-99 Date 16 � . � ��,�. ��.�/ Negotiation r Relations Asst. Manager aa�� • APPENDIX A The classes of positions recognized by the Employer as being exclusively represented by the Union are as follows: Lead Pipefitter General Lead Pipefitter Master Pipefitter Pipefitter Pipefitter - Control Specialists ` Refrigeration, Gas and Oil Serviceworker Apprentice - Pipefitter General Lead Pipefitter 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. u APPENDIX B Tools of the trade: 6'fofding ruler � �7 APPENDIX C C1 Total packaae amount. The total houriy 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: Pipefitter Pipefitter-Controls Specialist Refrigeration, Gas and Oii Serviceworker Lead Pipefitter Master Pipefitter Generai Lead Pipefitter Effective Effective 5/1/99 5M/00 $36.04 $37.66 $36.04 $37.66 $36.04 $37.66 $38.09 $38.09 $39.09 $39.81 $39.81 $40.81 Effective 5/1 /01 � c+� tn c t+� t» c» C2 Taxable rate for empiovees covered bv PERA Pension Fund. The total tauable houriy rate including wages and the vacation contribution in Appendix D and excluding all other benefit costs and obligations in Appendix D, for regular and probationary employees appointed to ihe following classes of posifions shall be as follows: Pipefitter Pipefitter-Controls Specialist Refrigeration, Gas and Oil Serviceworker Lead Pipefitter Master Pipefitter General Lead Pipefitter Effective 5/1 /99 $25.79 $25.79 $25.79 $27.74 $27.74 $28.69 Effective Effective 5H/00 5/1/01 * :, . .. > :: 1 The parties agree that for the third year of this Agreement there will be a wage reopener to discuss wages and benefits oniy. The May 1, 2001 total hourly cost and distribution will be negotiated at that time. � The May 7, 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 1, 2000, total hourly cost stated in Appendix C1. �� The May 1, 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 houriy cost determined for the thirtl-year wage reopener. � • � 18 �q,�� APPENDIX C (continued) C2A Compensation anafvsis ourooses onlv. These figures represent the portion of the Appendix C1 rates above specifically allocated to wages. These rates do NOT include ta�cable contributions and therefore should NOT be used for tazable payroii calculations. See Appendices G2 and C3 for total taxa6le payrolt information. Effective 5/1199 $21.22 $21.22 $21.22 $23.17 $23.17 $24.12 Effective Effective 5/1/00 5/1/01 _ .. . „ , _. . .. Pipefitter Pipefitter-Controls Specialist Refrigeration, Gas and Oii Serviceworker Lead Pipefitter Master Pipefitter General Lead Pipefitter . • Y4 . <, C3 Taxabie rate for emolovees hired on or after Januarv 1. 1998 and for emplovees not covered bv PERA pe�sion. The total taxable hourly rate including wages and the vacation contribution in Appendix D for temporary employees appointed to the foliowing classes of positions shall be: Pipefitter Pipefitter-Controls Specialist Refrigeration, Gas and Oil Serviceworker �ead Pipefitter Master Pipefitter General �ead Pipefitter Effective 5/1/99 $27.13 $27.13 $27.13 $29.18 $29.18 $3�.18 Effective Effective 5/1/00 5/1/01 . .. _ .. . .. . .. . ., Note: In 1997, the pension laws were changed to exclude pipefitters hired by Saint Paul Public Schools as of January 1, 1998, from PERA coverage. � The May 1, 2000, hourly rates in Appendices C2, C2A and C3 shafl be detertnined at a later date based on the allocation agreed to by the Employer and the Union of the May 1, 2000, total hourly cost stated in Appendix Ct. � '� The May 1, 2001, hourly rates in Appendices C2, C2A and C3 shall be detertnined at a later date based on the ailocation agreed top by the Employer and the Union of the May 1, 2007, total hourly cost detertnined for the third-year wage reopener. 19 APPENDIX C (continued) C4 The basic hourly wage rates for the Apprentice class of positions: This Section is held open for the addition of appropriate Apprentice rates in the event the Emptoyer initiates the employment of Apprentices. If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the rates in Appendix C, Sections C2 through C4 in such a way that the total cost of the package (wage rate ptus contributions) remains constant and does not exceed the amounts shown in Appendix C, Section C1. � • � 20 q�� APPENDIX D Effective May 7, 1999, the Employer shall forward ihe amounts designated in this Appendix D for employees covered by this Agreement to depositories as directed by the Union and agreed to by the Employer: (1) $4.57 per hour for all hours worked from which all appropriate payroll deductions have been made to a Union-designated Credit Union Fund/Workinq Fee Fund. (2) $328 per hour for ali hours worked to a Union-designated Health and Welfare Fund. (3) $5.43 per hour for all hours worked to a Union-designated Pension Fund. � \J (4) {5) $.15 per hour for alt hours worked to a Union-designated Journeyman and A�prenticeshio Trainino Fund. $.05 per hour for alt hours worked ta a Union-designated International Traininq Fund. For empfoyees paid on Appendix C2 rates, the Empioyer shall make lega{ly estabiished non-negotiated pension contributions to PERA. Changes in the mandated PERA rate may change the calculated hourly base rate of pay so the Empioyer's cost does not exceed the amounts fisted in C1 above. AII contributions made in accordance with this Appendix D shail 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 Citv Pipe Trades Service Association. The Employer shali estabiish Workers' Compensation and Unemployment 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, funeral leave, jury duty or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance or Councii Resolutions. The Employer's fringe benefit obligation to employees is limited to the contributions andlor deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has fornrarded contributions andlor deductions. 21 A Absences From Work ..................................9 C Call Back .................................................5, 8 Ctasses of Positions ..............................7, t7 D Discharge..................................................11 Discipline.....................................................9 E Emergency Service Work ............................4 Employer Rights ..........................................1 F Failure to Report for Duty ......................9, 1 t Fringe Benefit Contributions ..............6, 7, 21 Fringe Benefits ............................................7 G Grievance Procedure ...........................12, 13 N Holiday Work ...............................................8 Holidays....................................................... 8 Hourly Wage ....................................6, 18, 19 Hoursof Work .............................................4 L Lead Pipefitter, General Lead Pipefitter and Master Pipefitter .......................................7 M Mileage..................................................6, 15 INDEX N Non-Discrimination ....................................14 O Overtime......................................................5 P PERA.........................................................21 Probationary Period .....................................3 R Resignation................................................11 S Seniority .....................................................10 StandBy ......................................................4 Subcontracting ...........................................14 T Temporary Empioyees Pay Rate .................6 Termi nation ................................................11 Tools....................................................11, 17 U Union Rights ................................................2 Union Steward .............................................2 W W ages .............................................6, 18, 19 Work Location ..............................................6 Work On A Designated Ho(iday ...................8 WorkWeek ..................................................4 Workday .......................................................4 i . i 22 INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION qq � �q� SAINT PAUL PUBLIC SGHOOLS DATE: June 22, 1999 TOPIC: Approval of an Employment Agreement With United Association of Pipefitters, Local 455, to Establish Terms and Conditions of Employment for1999-2002 A. PERTINENT �ACTS: ' 1. New Agreement is for the three-year period May 1, 1999 through April 30, 2002. 2. Contract changes are as foiiows: Holidavs: Changed holiday language to provide uniformiry with other district contracts. Mileaae: Language will be changed to read ". .. the current Board rate or $.31 per mile whichever is greater." New Title: The title of General Lead Pipefitter is created at $1.00 per hour over the rate of Lead Pipefitter. Waqes: Wage and benefit changes reflect prevailing wage for the industry. The third year will be a reopener for wages only. 3. The remaining language provisions o4 the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has nine regular F.T.E. in this bargaining unit. 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 empioyees in this school district for whom United Association of Pipefitters, Locai 455, is the exclusive representative; duration of said Agreement is for the period of May 1, 1999 through April 30, 2002. aG,�q� • � • r � ARTICLE Article Articie Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Articie Article Article Article Article Article Article Article Article 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. TABLE OF CONTENTS TITLE PAGE Preamble................................................................................................................ v P u rpose ..................................................................................................................1 Recognition .............................................................................................................1 Employer .....................................................................................................1 UnionRights ...........................................................................................................2 Scope of the Agreement .......................................................................................:.2 ProbationaryPeriods ..............................................................................................3 Philosophy of Employment and Compensation ......................................................3 Hours Work ........................................................................................................4 Ove rti m e .................................................................................................................5 Cali Back ................................................................................................................5 Work Location ........................................................................................................6 W ages ....................................................................................................................6 Fringe Benefits .......................................................................................................7 Selection of Lead Pipefitter, General Lead Pipefitter and Master Pipefitter...........7 Hol idays ......-� ..........................................................................................................8 Disciplinary Procedures ..........................................................................................9 Absences From Work .............................................................................................9 Sen iority ................................................................................................................10 Jurisdiction ............................................................................................................11 Separation ............................................................................................................11 Tools.....................................................................................................................11 Grievance Procedure ............................................................................................12 Right Subcontract ................................................................:............................14 Non -Discrimination ...............................................................................................14 Severabi ...........................................................................................................14 Waiver ..................................................................................................................15 Mileage .................................................................................................................15 Durafion Pledge ............................................................................................16 Appendix ...........................................................................................................17 Appendix ...........................................................................................................17 Appendix ...............................................................................................18, t9, 20 Appendix .............................................................................•----�--......................21 Index ..................................................................................................................... 22 � q �,�q� � � • PREAMBLE This Agreement is entered into between Independent School District No. 625, hereinafter referred to as the Employer, and the United Association of Steamfitters-Pipefitters Local Union No. 455, hereinafter referred to as the Union. The Empioyer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the Independent Schoot District No. 625 for the benefit of the general pubiic through effective labor-management cooperation. The Employer and the Union both realize that this goal depends not oniy on the words in the Agreement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general public. Gq �� ARTlCLE 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1.1 1.12 1.1.3 Achieve orderly and peacefui relations, thereby estab�ishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well being of all concemed; Set forth rates of pay, hours of work, and other conditions of empioyment as have been agreed upon by the Employer and the Union; Establish procedures to orderly and peacefully resolve disputes as to the appiication or interpretation of this Agreement without loss of productivity. 12 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in confiict wfth such legislation, the latter shali prevaii. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 26 (Severability). ARTICLE 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 regular, probationary, and temporary employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL-3066 dated November 22, 1989. 2.2 The classes of positions recognized as being exciusively represented by the Union are as listed in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage ail manpower, facilities, and equipment; to estabiish functions and programs; to set and amend budgets; to determine the utilization of technology; to estabiish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this Agreement. 32 Any "term or condition of employment" not estabiished by this Agreement shall remain with the Empioyer to eliminate, modify or establish following written notification to the Union. • ARTICLE 4. UNION RIGHTS � 4.1 The Empioyer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthiy Union dues. Such monies deducted shaii 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. 4.12 The U�ion shaA indemnify and save harmless the Emptoyer from any and all claims or charges made against the Employer as a resutt of the implementation of this Articie. 42 The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such Employee shall have the rights and responsibilities as designated in Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Empioyer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement estabiishes the "terms and conditions of employmenY' defined by � Minnesota Statute § 179A.03, Subdivision 19, for all employees exclusively represented by the Union. This Agreement shali supersede such "terms and conditions of employmenY' established by Civil Service Rule, Council Ordinance, and Council Resolution. � 2 � • • • ARTICLE 6. PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular empioyment status shall serve a six (6) month probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shaii be evaluated. 6.1.1 6.12 At any time during the probationary period an empioyee may be terminated at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class of positions shall serve a six (6)-month promotionai probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.2.1 At any time during the promotional probationary period an employee may be demoted to the employee's previousiy-held class of positions at the discretion of the Employer without appeal to the provisions of Articie 22 (Grievance Procedure). 622 An employee demoted during the promotional probationary period shall be returned to the employee's previously heid class of positions and shail receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7. PHILOSOPHY OF EMPLOYMENT ANO COMPENSATION 7.1 The Employer 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 employees for aii hours worked at the basic houriy wage rate and hourly fringe benefit rate as found in Article 12 (Wages) and 13 (Fringe Benefits). No other compensation or fringe benefit shall be accumulated or eamed by an employee except as specifically provided for in this Agreement. ARTICLE 8. HOURS OF WORK .�'.�il E:7Fa The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30)- minute unpaid lunch period, between 7:00 a.m. and 5:30 p,m. The normal workweek shall be five (5) consecutive normal workdays Monday through Friday. 8.3 If, during the term of this AgreemeM, it is necessary in the Empioyer's judgmertt to establish second and third shifts or a workweek 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 8.5 � This Section shall 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. Ail employees are subject to call 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, untess notification has been given not to report tor work prior to leaving home, or during the previous workday. 8.8 Stand Bv. Any Refrigeration, Gas and�il Serviceworker who is required to be available for emergency service work on weekends and holidays shall be guaranteed work or wages and fringes equivalent to: 40 minutes for Friday nights 80 minutes for Saturday and Saturday night 80 minutes for Sunday and Sunday night or 80 minutes for any holiday and holiday night of such 24-hour shift. Ail of the above at time and one-half rate. If the employee is called in for work, the above time shall be a part of, not in addition to, the time worked. . • . 4 �� • � • ARTICLE 9. OVERTIME 9.1 All overtime compensated for by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work ciaim wili be honored for payment or credit uniess approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance apprDVal has been obtained. 92 The rate of one and one-half (1-1/2) the basic hourly rate and fringes shall be the overtime rate for work performed under the following circumstances: 92.1 9.2.2 9.3 �xf Time worked in excess of eight (8) hours in any one normal workday, and Time worked in excess of 40 hours in a seven (7)-day period. For the purpose of caiculating 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 10.1 The Empioyer retains the right to call back empioyees before an employee has started a normal workday or normal workweek and after an employee has completed a normal workday or normal workweek. 10.2 Employees called back shall receive a minimum of four (4) hours of pay at the basic hourly rate. 10.3 The hours worked based on a caii back shall be compensated in accordance with Article 9(Overtime), when appiicable, and subject to the minimum established by 10.2 above. 10.4 Employees 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 Articie 9 (Overtime). 5 ARTICLE 11. WORKLOCATION • 11.1 Employees shall report to work location as assigned by a designated Employer supervisor. During the normal workday, employees may be assigned to other work locations at the discretion of the Employer. 11.2 Employees assigned to work locations during the normal workday other than their originai assignment, and who are required to fumish their own transportation, shall be compensated for mileage, as provided by 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. 122 Regular employees shaii be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Articie 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). . � 0 qq �q1 � • � ARTIC�E 13. FRINGE BENEFITS 13.1 The Employer shall make contributions on behalf of and/or make deductions from the wages of participating employees as defined in Article 12.3, 12.4, and 12.5 covered by this Agreement in accordance with Appendix D for all hours worked. 132 The Employer will for the period of this Agreement provide, for those employees who were `grandfathered" as eligible for the EmpioyePs Heaith and Welfare Plan and who have retired since April 1, 1975, such health insurance premium contributions up to the same dollar amounts as are provided by the Employer at the date of early retirement and the cost of premium contributions toward $5,000 I'rfe insurance coverage until such employees reach sixty-five (65) years of age. In order to be eligible for the premium contributions under the provision 13.2 and 13.3 the employee must: 132.1 132.2 Be receiving beneffts 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. 132.3 Inform the Human Resource Department of Independent School District No. 625 and Personnel 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 for early retiree insurance benefits. 13.3 An employee who retired at age sixty-five (65) or later and who met the criteria in t32, or for eariy retirees who qualified under 13.2 and have reached age sixty-five (65) after retirement the Employer will provide payment of premium for a Medicare supplement heaith coverage policy selected by the Employer. ARTICLE 14. SELECTION OF LEAD PIPEFITTER, GENERAL LEAD PIPEFII?ER, AND MASTER PIPEFITTER 14.1 The selection of personnel for the class of position of Lead Pipefitter, General Lead Pipefitter and Master Pipefitter shall remain solely with the Employer. 14.2 14.3 14.4 The class of position Lead Pipefitter, General Lead Pipefitter and Master Pipefitter shali be filled by employees of the bargaining unit on a"temporary assignment ° Ali `4emporary assignments° shali be made only at the direction of a designated Employer supervisor. Such "temporary assignments" shall be made oniy in cases where the ciass of positions is vacant for more than one (1) normal workday. ARTICLE 15. HOLIDAYS 15.1 The following nine (9) days shall be designated as holidays: New Year's Day Martin Luther King Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving 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 following Monday shaii be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 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, employees may be scheduled or "called 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 all hours worked. 15.6 If Martin Luther King, Jr. Day or Presidents' Day falis on a day when school is in session, the employee shall work that day at straight time and another day shall be designated as the holiday. This designated holiday 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 wiil be offered an opportunity to work that day at the straight-time rate and will not be required to take another day off to replace the holiday. If the emplayee is called in on such day, they will be called in accordance with Article 10 and paid as in 15.5. • i � ��.�a� � ARTICLE 16. DISCIPLINARY PROCEDURES 16.1 The Employer shall have the right to impose disciplinary actions on emptoyees for just cause. 16.2 Disciplinary actions by the Empioyer shall inciude only the following actions: 16.2.1 Oral reprimand; 16.2.2 Written reprimand; 162.3 Suspension; 16.2.4 Demotion; 162.5 Discharge. u • 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 empioyee's behaif initiates review of an action, that matter shall not again be reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.1 Employees who are unable to report for their normai workday have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 17.2 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 normal workdays may be considered a"quit" by the Empioyer on the part of the employee. 0 ARTICLE 18. SENIORITY 18.1 Seniority, for the purposes of this Agreement, shaii be defined as follows: 18.1.1 "Master Seniority' - The length of continuous regular and probationary service with the Employer from the last date of employment in any and ail class titles covered by this Agreement. 18.12 "Class Seniorit�' - The length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a class titie covered by this Agreement. 182 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 empioyee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer that it is necessary to reduce the workforce, empioyees will be laid off by class title within each department based on inverse length of "Class Seniority." Employees laid off shall have the right to reinstatement in any lower- paid class title, provided empioyee has greater "Master Seniority' than the employee being replaced. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority," subject to the approval of the Empioyer. • • � i0 qq.�q� . • ARTICLE 19. JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions are recognized as an appropriate subject for determination by the various unions representing employees of the Employer. 192 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 possibie to resolve the dispute. Nothing in the foregoing shail 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 ciarified by Sections 19.2 and 19.3 above shali 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 resulting from a work assignment. ARTICLE 20. SEPARATION 20.1 Employees having a probationary or regular empioyment status shall be considered separated from employment based on the following actions: 20.1.1 Resiqnation. Employees resigning from employment shali give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1.2 Discharae. As provided in Article i 6. 20.1.3 Failure to Reoort for DuN. As provided in Articie 17. . 202 Empioyees having a temporary employment status may be terminated at the discretion of the Employer before the compietion of a normal workday. ARTICLE 21. TOOLS 21.1 All employees shall personally provide themseives with the tools of the trade as listed in Appendix B. 11 ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shali notify the Employer in writing of the names of the Stewards and of their successore when so named. 222 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is iimited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 22.3 The procedure established by this Article shall, except as previously noted in Article 16 (Disciplinary Procedures), be the sole and exctusive 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 resoived in conformance with the foilowing procedure: Step 1. Upon the occurrence of an alleged violafion of this Agreement, ihe employee involved shall attempt to resolve the matter on an informal basis with the empioyee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occunence of the event giving rise to the grievance or within the use of reasonable diligence shouid have had knowiedge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Steo 2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days foliowing 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. . • i ,2 qq: �a� C� ARTICLE 22. GRIEVANCE PROCEDURE (continued) Ste� 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the Empioyer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a resuR of the written response, the grievance remains unresoived, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days foilowing receipt of the Employe�s answer shall be considered waived. Steo 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shail be conducted by an arbitrator to be selected by mutuai agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven- (7) day period, either party may request the Bureau of Mediation Services to submit a panei of five (5) arbitrators. Both the Employer and the Union shail 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 wiii be repeated and the remaining person shali be the arbitrator. • � 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) 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 arbRrator shall be final and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsibie for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. iR3 ARTICLE 23. RIGHT OF SUBCONTRACT • 23.1 The Empioyer 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 wouid result in a reduction of the workforce covered by this Agreement, the Employer shall give the Union a ninety (90)-calendar day notice of the intention to subcontract. 232 The subcontracting of work done by the employees covered by this Agreement shai! in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRIMINATION 24.1 The terms and conditions of this Agreement will be applied to employees equally without _ regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or non-membership in the Union. 242 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general pubtic. ARTICLE 25. SEVERABILITY • 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 25.2 The parties agree, upon written notice, to enter into negotiations to place the voided provisions of the Agreemen} �n compliance with the legislative, administrative or judicial _ determination. i ,4 �q.� ��l • 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 emptoyment. The agreements and understandings reached by the parties after the exercise of this right are fully and completeiy set forth in this Agreement. 26.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment whether specifically covered or not spec'rfically covered by this Agreement. The Union and Employer may, however, mutualiy agree to modify any provision of this Agreement. 26.3 Any and ali prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of empioyment, to the extent they are inconsistent witfi tfiis Agreement, are hereby superseded. ARTICLE 27. MILEAGE 27.1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be eligible for such . reimbursement, employees must receive authorization from the District Mileage Committee utifizing one of the fo{lowing plans: PLAN °A" is reimbursed at the current Board rate or 31¢ per mile, whichever is greater. In addition, a maximum amount, which can be paid per month, is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another working in the same or similar position. Under this pian, it is necessary for the employee to keep a record of each trip made. � 15 ARTICLE 28. DURATION AND PLEDGE 28.1 This Agreement shali become effective as of May 1, 1999, and shall remain in effect through the 30th day of Aprii 2002, and continue in effect from year to year thereafter un�ess notice to change or to terminate is given in the manner provided in 28.2. 28.2 If either party desires to tertninate or mod'rfy this Agreement effective as of the date of expiration, the party wishing to modify or terminate the Agreement shali give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided that the Agreement may only be so terminated or mod'rfied effective as of the expiration date. _ 28.3 In consideration of the terms and conditions of employmeM established 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 peacefully resolved, the parties hereby pledge that duri�g the term of the Agreemerrt: 28.3.1 The Union and the empioyees wiii not engage in, instigate or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work or absent themselves in whole or part from the full, faitMui perfortnance of their duties of employment. 28.32 The Employer wili not engage in, instigate or condone any lockout of employees. 28.3.3 This constftutes a tentative Agreement between the parties which will be recommended by the Negotiations/Labor Relations Manager, but is subject to the approval of the Board of Education and is aiso subject to rat'rfication by the Union. The parties agree and attest that this Agreement represents the full and compiete 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: INDEPENDENT SCHOOL DISTRICT NO. 625 i l ti C air, ard of Education � Negotiations/Labor Rela' s Manager tl0 Negotiations/L r Relations Asst. Manager UNITED ASSOCIATION OF STEAMFITERS-PIPEFITTERS LOCAL NO. 455 � 8usiness epresentative 6�a-i �99 �e 7-/-99 Date 16 • . � q q,-��1 • APPENDIX A The classes of posftions recognized by the Employer as 6eing exclusively represented by the Union are as foilows: Lead Pipefitter General Lead Pipefitter Master Pipefitter Pipefitter Pipefitter - Control Specialists Refrigeration, Gas and Oil Serviceworker Apprentice - Pipefitter General Lead Pipefitter 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' folding ruler � 17 APPENDIX C C1 Total packaqe amount. The total hourly cost to the Employer for wages plus any and aii contributions or deductions stated in Appendix D of this Agreement shall not exceed the foilowing amounts: Pipefitter Pipefitter-Controls Specialist Refrigeration, Gas and Oil Serviceworker Lead Pipefitter Master Pipefitter Generai Lead Pipefitter Effective 5/1 /99 $36.04 $36.04 $36.04 $38.09 $38.09 $39.09 Effective Effective 5/1/00 5/1/01� $37.66 "� $37.66 "� $37.66 $39.81 $39.81 $40.81 t t+> t c» C2 Taxable rate for emplovees covered bv PERA Pension Fund. The total taxable houriy rate including wages and the vacation contribution in Appendix D and excluding all other benefit costs and obligations in Appendix D, for regular and probationary employees appointed to the foilowing classes of positions shall be as follows: Pipefitter Pipefitter-Controls Specialist Refrigeration, Gas and Oii Serviceworker Lead Pipefitter Master Pipefitter General Lead Pipefitter Effective Effective 5/1/99 5/1/00 $25.79 ' $25.79 ' $25.79 ' $27.74 ' $27.74 ' $28.69 ' Effective 5/1101 .. :. .: � The parties agree that for the third year of this Agreement there will be a wage 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 1, 2000, total hourly cost stated in Appendix C1. �� The May 1, 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 hourly cost determined for the third-year wage reopener. . . � fF:3 �q.�� . . APPENDIX C (continued) C2A Compensation analvsis pumoses onlv. These figures represent the portion of the Appendix Ci rates above spec'rfically aliocated to wages. These rates do NOT include taxabie contributions and therefore should NOT be used for taxable payroll calculations. See Appendices C2 and C3 for total taxable payroll information. C3 Pipefitter Pipefitter-Controls Specialisi Refrigeration, Gas and Oil Serviceworker Lead Pipefitter Master Pipet'stter General Lead Pipefitter vacation contribution in i classes of positions shall Effective Effective Effective 5/1/99 5/1/00 5/1/01 $2122 ` " $21 22 ` „ �V2�.22 � x $23.17 $23.17 $24.12 . Pipefitter Pipefitter-Controls Specialist Refrigeration, Gas and Oii Serviceworker Lead Pipefitter Master Pipefitter Generai Lead Pipefitter rate including wages and the ees appointed to the following x� xe .. D for temporary Effective Effective 5!1 /99 5!1 /00 $27.13 ' $27.13 ' $27.13 * $29.18 ' $29.18 ' $30.18 * Effective 5/1 /01 _. ._ .. Note: In 1997, the pension laws were changed to exclude pipefitters hired by Saint Paul Public Schools as of January 1,1998, from PERA coverage. ' The May 1, 2000, houAy rates in Appendices C2, C2A and C3 shall be determined at a later date based on the allocation agreed to by the Employer and ihe Unio� of the May 1, 2000, total hourly cost stated in Appendix Ct. � *' The May t� 2001, hourly rates in Appendices C2� C2A and C3 shail be determined at a later date based on the allocation agreed top by the Employer and the Union of the May 1, 2001, total houriy cost determined for the third-year wage reopener. � APPENDIX C (continued) C4 The basic hourly wage rates for the Apprentice class of positions: This Section is held open for the addition of appropriate Apprenfice rates in the event the Employer initiates the employment of Apprentices. If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the rates in Appendix C, Sections C2 through C4 in such a way that the total cost of the package (wage rate plus contributions) remains constaM and does not exceed the amounts shown in Appendix C, Section C1. • • � 20 a q,'l� 1 � l I u APPENDIX D Effective May 7, 1999, the Employer shali forvvard the amounts designated in this Appendix D for empioyees covered by this Agreement to depositories as directed by the Union and agreed to by the Empioyer. (1) $4.57 per hour for all hours worked from which ail appropriate payroll deductions have been made to a Union-designated Credit Union Fund/Workina Fee Fund. (2) $328 per hour for all hours worked to a Union-designated Health and Welfare Fund. (3) $5.43 per hour for all hours worked to a Union-designated Pension Fund. • . (4) (5) $.15 per hour for all hours worked to a Union-designated Joumevman and A�orenticeshio Trainina Fund. $.05 per hour for aii hours worked to a Union-designated International Traininq Fund. For empioyees paid on Appendix C2 rates, the Empioyer 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 Ci above. All contribuiions made in accordance with this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix Ci. The Appendix D amounts shall be forwarded to the Twin Citv Pipe Trades Service Association. The Employer shail establish Workers' Compensation and Unemployment 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, funeral 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 benefit obligation to employees is limited to the contributions and/or deductions estabiished by this Agreement. The actual level of benefits provided to empioyees shall be the responsibility of the Trustees of ihe various funds to which the Employer has forwarded contributions and/or deductions. � 21 A Absences From Work ..................................9 C CallBack .................................................5, 8 Classes of Positions ..............................7, 17 D Discharge..........................:.......................11 Discipline.....................................................9 E Emergency Service Work ............................4 Employer Rights ..........................................1 F Failure to Report for Duty ......................9, 11 Fringe Benefit Contributions ..............6, 7, 21 Fdnge Benefits .................°-°--.....--°--°------� G Grievance Procedure ...........................12, 13 H Holiday Work ...............................................8 Holidays....................................................... 8 Hourly Wage.....--•-�� .........................6, 18, 19 Houre of Work .............................................4 L Lead Pipefitter, General Lead Pipefitter and Master Pipefitter .......................................7 M Mileage ..................................................6, 15 INDEX N Non-Discrimination ....................................14 O Overtime ......................................................5 P PERA.........................................................21 Probationary Period .....................................3 R Resignation ................................................11 S Seniority.....................................................10 StandBy ......................................................4 Subcontractin g ...........................................14 T Temporary Employees Pay Rate .................6 Te rmination .............................•--.. _.... -�--�---.1'I Tools.....--•• ...........................................11, 17 U Union Rights ................................................2 Union Steward .............................................2 W W ages .............................................6, 18, 19 Work Location ..............................................6 Work On A Designated Hoiiday ...................8 WorkWeek ..................................................4 Workday .......................................................4 i . • P�'a