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99-798�� Presented by Referred To Green Sheet # 35074 Council File # Q " q'� Committee Date 2 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached ��• May 1, 1999 through April 30,�Y Maintenance Labor Agreement between the City of Saint Paul and United Association Pipefitters Local Union No. 455. _ � ��"� � ��c�`L � V 0� Adop[ion Certified by Council Secretary 6 Y : _—._[,`- � Approv I b Mayor: t t ` _ ey: �^ _ Requested by Department of: Office of Labor Relations BY� � � ��-J�-� c �� Approved by Mayor: Date �' '� ' oY. `� � � � °l°l C1.. A.w�....�•..�. RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� By: �� AdoptedbyCouncil: Date �a�,jC, ` ,��q Adopted by Council: Date q� Adoption Certified by Council Secretary ^-. DEPARTMENT/OFFICE/COUI3CII.: DATE INITTA'i'ED GREEN SHEET No.• 35074 qq �� LABOR RELATIONS July 30, 1999 � CONTACT PERSON & PHONE: p �'v�TL�u°n7'� INITTAL/DATE 7ULIE KRAUS 266-6488 p�IGN I DEPARI"MENT DIR 4 CiTY COUNCIL NIIMBER 2 CITY ATTORNEY C1TY CLERK FOR BUDGEI' DIR- FIN. & MGT. SERVICE DIR NNST BE ON COUNCIL AGENDA BX (DATE) ROUTING 3 MAYOR (OR ASS'I.) � ORDER TOTAL # OF SIGNA'i'URE PAGES_1 (CLIP ALL LOCATIONS FOR SIGNATURE) ncnoN �QU�sTEn: This resolution approves tbe attached May i, 1999 through April 30, 2001 Maintenance Labor Agreement between the City of Saint Paul and United Association Pipefitters Locai Union No. 455. RECOMMENDATiONS: Approve (A) oc Reject (R) PERSONAL SERVICE CON'PRACCS MUST AIVSWER THE FOLLOWING QUESTIONS: PLANNING CONIMISSION _CIVIL SERVICE COMMISSION I. Has this pecson/fivn ever worked under a wntrac[ for this depaztment? _CIB COMMIT7EE Yes No ' STAFF 2. Has this personlfirm ever been a city employee? _DIS1Ti7CT COURT Yes No SUPPORTS WHICH COUNCIL OBJECTIVE? 3. Does [his person/fim� possess a skill not normally possessed by any current city employee? Yes No Ezplain all yes answers on separate sheet and attach to green shcct INITIATING PROBLEM, ISSUE, OPPORTUNTTY (Who, What, When, Where, Why): ADVANI'AGES IF APPROVED: . DISADVANTAGES IF APPROVED: DLSADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BtiDGETED: FUNDING SOURCE: ACTNITY NUMBER: FINANCIAL INFORMATION: (EXPLAIN) ^-�� ,�� Vtl ,�. , �. �- sr t � � - � �1�� - � 1VIay 1,1999'through Ap�il 30, 2�02 .- NfAIl�T.TEN LA'BOR A`GIiEElyIENT , - ` r . , be�ween � - � � , � = TI�E EI'i`� OF �fiiIN'T "Pr�Ufi,::. _ �. � � � , �� ' and"- - � ..,, .. , � ,, � -: � r o � y � r � 1 + <- � I � V��11VI...lO �� _ � PTI';EF�TT�ItS I�OC�L,, �TNI4N NO� 455, % , i . ;, _ � � - , ,, - r �� - ' _ -" _ .. �. _ �r � � � ARTICLE • • qq ,�a� i�� TITLE PAGE Preamble ................................................. ii 1 Purpose ....................................................1 2 Recognition ................................................1 3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights ...............................................2 5 Scope ofthe Agreement .......................................2 6 Probationary Periods .........................................2 7 Philosophy of Employment and Compensation . . . . . . . . . . . . . . . . . . . . . 3 8 Hoursof Work ..............................................3 9 Overtime ..................................................4 10 Ca11InlCallBack ............................................4 11 Wages .....................................................5 12 Fringe Benefits ..............................................5 13 Selection of Foreman and General Foreman . . . . . . . . . . . . . . . . . . . . . . . 5 14 Holidays ...................................................6 15 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 16 AbsencesFrom Work ........................................7 17 Seniority ...................................................7 18 Jurisdiction .................................................8 19 Separation .................................................9 20 Tools .....................................................9 21 Grievance Procedure .........................................9 22 Rightof Subcontract ........................................12 23 Non-discrimination .........................................12 24 Severability ...............................................12 25 Waiver ...................................................13 26 City Mileage Plan ..........................................13 27 Legal5ervices .............................................14 28 Uniform Allowance .........................................15 29 Vacarion ..................................................15 30 Duration & Pledge ..........................................16 Appendix .............................................. Al Appendix .............................................. B1 Appendix C .............................................. Cl Appendix .............................................. D1 Appendix E .............................................. E1 qg �� • ��: :,,,: This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the United Association Pipefitters Local Union No. 455, hereinafter referred to as the Union. The Employer and the Union concur that this Agreement has as its ob}ective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general pubiic through effective labor-management cooperation. • The Employer and the Union both realize that this goal depends not only on the words in the Agreement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual empioyees will best serve the needs of the general pubiic. • ii �� ARTICLE 1 - PURPOSE • 1.1 The Employer and the Union agree tUat the purpose for entering into tlus Agreement is to: 1.1( i) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concemed; 11(2) Set forth rates of pay, hours of work, and other condi6ons of employment as have been agreed upon by the Employer and the Union; 1.l (3) Establish procedures to orderly and geacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 24 (SEVERABILITI�. ARTICLE 2 - RECOGNTTION 2.1 The Empioyer recognizes the Union as the exclusive representative for collective • bazgaining purposes for all personnel in the classes defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case I3o. 73-PR-480-A dated April 16, 1973, if those personnel meet the statutory test for inclusion found in M.S. 179A. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, 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, d'uect, and detemune the number of personnel; and to perform any inherent managerial function not specifically limited by this Ageement. 3.2 Any "term or condition of employment" not established by this Agreement shall remain with the Employer to eliminate, modify, or establish following written notification to the Union. `J -1- ARTICLE 4 - UNION RIGHTS 4.1 The Employer shall deduct an amount necessary to cover monthly Union dues from the • wages of employees who provide written authorization for such a deduction. These deductions shall be remitted as d'uected by the Union. 4.1(1) The Employer shall not deduct dues for any other labor organization from the wages of employees covered by this Agreement. 4.1(2) The Union shall indemnify and save hazmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of this ?,rticle. • 4.2 The Union may designate one (1) employee from the bazgaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the rights and responsibilifies as designated in Article 21 (GRIEVANCE PROCEDURE). 43 Upon notification to a designated Esnployer supervisor, the Business Manager of the Union, or his/her designated representative, shall be permitted to enter the facilities of the Employer where employees covered by this Agreement aze working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employment" defined by M.S. 179.63, Subd. 18 for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Civit Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 Ali personnel, originally hired or rehired foilowing separation, in a regular employment status sha11 serve a six (6) months pmbationary period during wtuch time the employee's fitness and ability to perform the duties and responsibilities of the position shall be evaluated. 6.1(1) At any rime during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 21 (GRIEVANCE PROCEDURE). 6.1(2) 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. -Z- � C� � ARTICLE 6 - PROBATIONARY PERIODS (Continued) . 6.2 All personnel promoted to a lugher class shall serve a six (6) month promotional probationary period during wluch time the employee's fitness and ability to perform the duties and responsibilities of the position shall be evaluated. 6.2(i) At any time during the promotional probationary period an employee may be demoted, at the discretian of the Employer, to the employee's previously held class without appeal to the provisions of Article 21 (GRIEVANCE PROCEDURE). 6.2(2) An employee demoted during the promotional probationary period shall be retumed to the employee's previously held class and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7- PHILOSOPHY OF EMPLOYMENT & COMPENSATION 7.1 The Employer and the Union aze in full agreement that the philosophy of employment and compensation shall be a"cash" hourly wage and "industry" fringe benefit system. 7.2 The Employer shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 11 (WAGES) and 12 (FRINGE BENEFITS). � 73 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 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 83 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a normal work day or work week other than that provided in Article 8.1 or 8.2, the Union agrees w immediately enter into negotiations to establish such conditions. 8.4 This secrion shali not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. . -3- ARTICLE 8- HOURS OF WORK (Continued) 8.5 All employees shall be at the location desigiated by their supervisor, ready for work, at • the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.6 All employees aze subject to call-back by the Employer as pmvided by Article 10 (CALL IN/CALL BACK). 8.7 Employees reporting for work at the established starting time and for whom no work is avaitable shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work aay. 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 will not be honored, even though shown on the time card, unless the required advance approvai has been obtained. 9.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: � 9.2(1) Time worked in excess of eight (8) hours in any one normal work day and, 9.2(2) Time worked in excess of forty (40) hours in a seven (� day period. 93 For the purposes of calculating overtime compensation overtime hours worked shall not be "pyramided," or compounded. No employee shall be paid twice for the same hours worked. 9.4 Overtime hours worked as provided by this Article shall be paid in cash or compensatory. time as determined by the Employer. ARTICLE 10 - CALL IN/CALL BACK 10.1 The Employer retains the right to call in or call back employees before an employee has started a normal work day or normal work week and after aa employee has completed a normal work day or normal work week. 10.2 Employees called in or called back shall receive a minimum of four (4) hours straight time pay at the basic hourly rate, or shall be compensated in accordance with Article 9 (OVERTIME), when applicable, whichever is greater. C� '�' ��`�� ARTICLE 10 - CALL IN/CALL BACK (Continued) • 10.2(1) Notwithstanding Article 10.2, employees called in four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME). ARTICLE 11 - WAGES I 1.1 The basic hourly wage rates as established by Appendix C st�all be paid for all hours worked by an employee. 11.2 The parties agree to calculate the hourly wages for provisional, probationary, and regular employees, for the classes listed in Appendix A, by dividing the temporary rateby 1.0518. 11.3 Provisional, temporary, and regulaz employees sha11 be considered, for the purposes of this Agreement, participating employees and shall be compensated in accordance with Article 11.1 (WAGES) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 12 (FRINGE BENEFITS). ARTICLE 12 - FRINGE BENEFITS • 12.1 The Employer shall make contributions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D for all hours worked. ARTICLE 13-SELECTION OF FOREMAN AND GENERAL FOREMAN 13.1 The selection of personnel for posi6ons in the class of Lead Pipefitter shall remain solely with the Employer. 13.2 Positions in the class of Lead Pipefitter shall be filled by employees of the bazgaining unit on a "temporary assignment." 133 All "temporary assignments" shalS be made only at the direction of a designated Employer supervisor. 13.4 Such "temporary assignments" shall be made only in cases where the position is vacant for more than one (1) normal work day. • �� .. ARTICLE 14 - HOLIDAYS 14.1 The following ten {10) days shall be designated as holidays: New Yeaz's Day, January 1 Martin Luther King Day, Third Monday in January Presidents' Day, Third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veterans` Day, November 11 Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 14.2 VJhen New Yeaz's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. ] 4.3 The ten (l 0) holidays shall be considered non-work days. n U 14.4 If, in the judgment of the Employer, personnel aze necessary for operating or emergency reasons, employees may be scheduled or "called in/called back" in accordance with Article 10 (CALL IN/CALL BACK). . 14.5 If an employee entifled to a holiday is required to work on Martin Luther King Day, President's Day, Veteran's Day, or the Day After Thanksgiving, he/she shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department pemuts, or the employee shall be paid on a straight time basis for such hours worked, in addirion to his/her regutar holiday pay. If an employee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, T'hanksgiving Day or Christmas Day, he/she shall be recompensed for work done on this day by being granted compensatory time on a time and one-haif basis, or by being paid on a time and one-fialf basis for sucfi hours worked, in addition to his/her regular holiday pay. Eligibility for Holiday pay shall be determined in accordance with Section I, Subsection I of the St Paul Saiary Plan and Rates of Compensarion. � • ' � ARTICLE 15 - DISCIPLINARY PROCEDURE . 15.1 The Employer shall have the right to impose disciplinary actions on employees for just cause. 15.2 Disciplinary actions by the Employer shall inciude only the following actions: 15.2(1) Oral reprimand. 15.2(2) Written reprimand. 15.2(3) Suspension. 15.2(4) Demotion. 15.2(5) Discharge. 15.3 Employees who are suspended, demoted, or dischazged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Boazd of Review. T'he Civil Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appeal of a suspension, demotion, or discharge shall be considered a"grievance" for the purpose of processing through the provisions of Article 21 (GRIEVANCE PROCEDURE). ARTICLE 16 - ABSENCES FROM WORK • 16.1 Employees who aze unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possibie, but in no event later than the beginning of such work day. 16.2 Failure to make such notification may be grounds for discipline as provided in Article 15 (DISCIPLINARY PROCEDURES). 16.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered by the Employer to be a"quit" on the part of the employee. ARTICLE 17 - SENIORITY 17.1 Seniority, for the purposes of this Agreement, shall be defined as follows: 17.1(1) "Master Seniority" - The length of continuous regulaz and probationary service with the Employer from the last date of employment in any and all class titles covered by this Agreement. 17.1(2) "Class Seniority" - The length of continuous regulaz and probarionary service with the Employer from the date an empioyee was first appointed to a class title covered by this Agreement. • S� ARTICLE 17 - SENIORITY (Continued) • 2 7.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 173 Seniority shall temunate when an employee retires, resigns, or is discharged. 17.4 In the event it is determined by the Employer that it is necessary to reduce the work force employees will be laid offby class title within each department based on iaverse length of "Class Seniority." Emp2oyees laid off sl�ali have the right to reinstatement in any previously held lower paid class tide, covered by flris Agreement, provided such employee has greater "Class Seniority" than the employee being replaced. 1'IS The selection of vacation periods shall be made by class fitle based on length of "Class Seniority," subject to the approval of the Employer. ARTICLE 18 - JURISDICTION 18.1 Disputes concerning work jurisdiction between and among unions is recognized as an . appropriate subject to determination by the various unions representing empioyees ofthe Employer. 18.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 183 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 18.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 18.2 and 183 above shall be subject to disciplinary action as provided in Article 15 (DISCIPLINARY PROCEDITRES). 18.5 There shall be no work stoppage, slow dowv, or any disruption of work resulting from a work assignment. -8- • �q.�q� �� ARTICLE 19 - SEPARATION 19.1 Employees having a probationary or regular employment status shail be considered separated from employment based on the following actions: 19.1(1) 19.1(2) 19.1(3) 19.1(4) Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. Retirement. As provided in Article 14. Discharge. As provided in Article 15 (DISCIPLINARY PROCEDURES) Failure to Report for Duty. As provided in Article 16 (ABSENCES FROM WORK). 19.2 Employees othex than regulaz employees who have successfully completed their probationary period may be terminated at the discretion of the Employer before the completion of a normal work day. ARTICLE 20 - TOOLS 20.1 All employees shail personally provide themselves with the tools of the trade as listed in Appendix B. ARTICLE 21 - GRIEVANCE PROCEDURE 21.1 The Employer shall recognize the Stewazd selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Empioyer in writing of the name of the Stewazd and of his/her successor when so named. 21.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinaRer provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Stewazd 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. � ARTICLE 21 - GRIEVANCE PROCEDURE (Continued) • 213 The procedure established by ttris Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Section 153 (DISCIPLINARY PROCEDURES), for the processing of grievances, which aze defined as an alleged violation of the terms and conditions of this Agreement. 21.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of flus Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informat 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 atteged secrion(s) of the Agreement viotated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shali be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a � designated Employer supervisor shall meet with the Union Stewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresotved, the Employer shall repty in writing to the Union within three (3) calendaz days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (� caiendar days following tkis meeting the Employer shatl reply in writing to the Union stating the Employer's answer conceming the grievance. If, as a resutt of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shali be considered waived. • -10- �`�� ARTICLE 21 - GRIEVANCE PROCEDURE (Continued) � Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request azbitration of the grievance. The arbitration proceedings shall be conducted by an azbitrator to be selected by mutual agreement of the Employer and the Union within seven ('7) calendar days after notice has been given. If the parties fail to mutually agree upon an azbitrator within the said seven (7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5) arbitrators. Both the Employer and the Union shail have the right to strike two (2) names from the panel. The Union shall strike the first (1 st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 21.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The azbitrator 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 azbitrator 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 regularions having the force and effect of law. The azbitrator's decision shatl 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 azbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union and the employees. 21.6 The fees and expenses for the azbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 21.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. � -11- ARTICLE 22 - RIGHT OF SUBCONTRACT 22.1 The Employer may, at any lime during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of the work force covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the inYention to sub-contract. 22.2 T'he sub-contracting of work done by the employees covered by this Agreement shall in all cases be made oaly to employers who quaiify in accordance with Ordinauce No. 14013. ARTICLE 23 - NON-DISCRIMINATION 23.1 The terms and conditions of this Agreement will be applied to employees equally without regazd to, or discrimination for or against any individual because of, nce, color, creed, sex, age, or because of inembership or non-membership in the Union. 23.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 24 - SEVERABILITY 24.1 In the event that any provision(s) of this Agreement is declazed 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. AlI other provisions shall continue in full force and effect. 24.2 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. C� � • '.fV.� qQ �a� ARTICLE 25 - WAIVER • 25.1 The Employer and the Union aclrnowledge that during the meeting and negotiating which resuited in this Agreement each had the right and opportunity to make proposals with respect to any subject conceming the teru�s and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right aze fully and completely set forth in this Agreement. 25.2 Therefore, the Employer and the Union agree for the duration of this Agreement that the other party shail not be obligated to meet and negotiate over any term or conditions of employment, whether specifically covered or not specifically wvered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 25.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regazding the terms and conditions of employment, to the estent they aze inconsistent with this Agreement, aze hereby superseded. ARTICLE 26 - CITY MILEAGE 26.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul � Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duries, the following provisions aze adopted. 26.2 Method of Computation: To be eligible for such reimbursement, a11 officers and employees must receive written authorization from the Depariment Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually used in perfomung the duties of the employee's position. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head oz designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. . -13- ARTICLE 26 - CITY MILEAGE (Continued) Type 2. If an employee is required to use his/her own automobile REGiJLARLY during employment, the employee shatl be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reunbursed $.20 per mile for each mile actually drivea If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the nte of $.20 per mile driven and shall not be eligible for any per diem. 263 The Ciry will provide parking at the Civic Center Pazking Ramp for City employees on either of the above mentioned types of reimbursement plans who aze required to have their personal caz available for City business. Such pazking will be provided only for the days the employee is required to have his or her own personal car available. � 26.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly �davits stating the number of days worked and the number of miles driven, and � further require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for properiy damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rutes and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. ARTICLE 27 - LEGAL SERVICES 27.1 Except in the case of malfeasance in office or wiilful or wanton neglect of duty, the Employer shall defend, save hazmless and indemnify an employee and/or his estate against any claim or demand, whether groundless or othervvise, arising out of an alleged act or omission occurring in the performance and scope of the employee's duties. • -14- �c� �q$ ARTICLE 27 - LEGAL SERVICES (Continued) • 27.2 Notwithstanding the provisions of Article 27.1, the Employer shall not be required to defend or indemnify any employee against personal liability, or damages, costs or expense (a) resulting from a claim, suit, verdict, finding, deternrination or judgment that the employee has committed an intentional tort or torts, inciuding but not limited to siander, libel andior other defamatory bartns; or (b) arising out of cross claims, counterclaims, affirmative defenses and/or separate actions brought against such employee in response to or resulting from claims, allegations, demands or actions (whether or not litigation was actualiy commenced) brought, made or instituted by such employee. 273 Notwithstanding the provisions of Article 27.1 and 27.2, the employer may at its sole discretion defend an employee allegations, claims, demands or actions wholly or in part based on or arising out of claimed intentional torts, and in such cases, the employee may consent to the extent lawfiilly permitted to such representation without regazd to actual or potential conflicts of interest. 27.4 Each employee, within 20 days after receiving notice of (1) a tort claim or demand, action, suit or proceeding against him or hez, or (2) a judgment, verdict, finding or determination, either of which arises out of alleged or found acts or oaussions occurring in the performance or scope of the employee's dupes, shall notify the City by giving written notice thereof to the Office of the City Clerk. • ARTICLE 28 - UNIFORM ALLOWANCE 28.1 Mechanicat Inspectors in the Fire Department who aze required to weaz a specified uniform shall receive an allowance of $425.25 per calendaz yeaz from the Fire Department. ARTICLE 29 - VACATION 29.1 Employees are required to take ten (10) days of unpaid vacation per yeaz. � -15- ARTICLE 30 - DURATION AND PLEDGE 30.1 This agreement is effective the date of signing by the Employer and the Uaion and shall remain in effect through the 30th day of April, 2002, and shall continue in effect from year to yeaz thereafter unless notice to change or to terminate is given in the manner provided in Article 30. 30.2 If either party desires to terminate or modify this Agreement, effective as of the date of expiration, the parry wishing to modify or terminate the Agreement shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the e�iration date, provided that the Agreement may only be so terminated or modified effecdve as of the expiration date. 303 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the grievance procedure herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: � 303(1) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down the'u work, or absent themselves in whole or part from the full, faithful perforn►ance of their duties of employment. • 303(2) The Employer will not engage in, instigate, or condone any lock-out of employees. 303(3) This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City and the City Council and is also subject to ratificadon by the Union. • -16- �� 1 q� � • • ARTICLE 30 - DURATION AND PLEDGE (Continued) AGREED to this �f th day of August 1999, and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representafive for the Employer and the Union. WITNESSES: ��L�7�Y�►�[f� � �� Joe Reid Director, Financial Services LTNITBD ASSOCIATION PIPEFITTERS LOCAL IJNION NO. 455 �_ �� - „ i T. Jerry Barnes Business Manager - 17- q�.1a� � APPENDIX A The classes recognized by the Employer as being exclusively represented by the Union aze as follows: Lead Pipefitter Pipefitter Apprentice - Pipefitter Refrigeration, Gas and Oil Serviceperson Mechanical Inspector - Pipefitter Senior Mechanical Inspector - Pipefitter C� • and other classes that may be established by the Employer where the duties and responsibilities assigned aze determined by the Bureau of Mediafion Service to be appropriately represented by this bargaining unit. �f� �q-�`�� • APPENDIX B • • 6' folding ruler � 4 APPENDIX C ��J'� � � • • • 2. The basic hourly wage rates for temporary employees appointed to the following classes shall be: Mechanical Inspector Senior Mechanical Insp.-Pipefitter MechanicalInspector Senior Mechanical Insp.-Pipefitter The basic hourly rate for temporary employees whose length of employment and earnings require that they be subject to Public Employees Retirement Association (PERA) contributions shall be the above temporary rate divided 1.0518. Effective Effecrive 5/8/99 6/5/99 $29.68 $29.18 $30.68 $30.18 Effective Effective S/I/OO(orclosest 5/1/011orclosest navroll ceriod) aavroll neriod) * *s * *a The basic hourly wage rate for provisional, probationary and regulaz employees appointed to the following classes shall be as follows: Mechanical Inspector Senior Mechanicai Insp.-Pipefitter Effective 5/8/99 $28.22 $29.17 Effective � 6/5/99 $27.74 $28.69 Effective Mechanical Inspector Senior Mechanical Insp.-Pipefitter Effective S�I/OO (orclosest 5�1��1 (orclosest pavroll neriod) uavroll neriod) « *� * +* All June 5, 1999 rates include the $4.57 per hour taxable contributions listed in Appendix D. * Effective OS/Ol/00(or closest payroll period), there will be an addifional$1.61 per hour added to the total package. The parties will agree prior to that date as to the distribu6on of the increase between the wages and fringes. This amount will be decreased by any increase in the Industry Fund. - ci - 1 APPENDIX C (Continued) �{� "� � D ** Effective OS/Ol/Ol(or closest payroll period), there will be an additional $1.65 per hour • added to the total package. The parties wiil agree prior to that date as to the distribution of the increase between the wages and fringes. This amount will be decreased by any increase in the Industry Fund. • • In the event that the Union elects to have the fringe benefits contributions made by the Employer for such employees that are listed in Appendis D increased or decreased during the contract period, the basic hourly wage rate sha11 be reduced or increased by the same amount so that the total cost to the Empioyer remains unchanged. The Union membership did not authorize new deduction rates until7une 1999, therefore the $1.63 total increase was applied as follows for May 1999 only: $138 on the check, $20 on Health and Welfaze and $.OS on the International Training Fund. -C2- APPENDIX D q�'� �� Effective May 8, 1999 the Employer shail: • (1) Contribute $4.25 per hour to a Union designated Credit Union, for all hours paid to employees. A payroll deduction in this amount shall be made &om the hourly rates listed in Appendis C. (2) Contribute $.12 per hour to a Union designated Working Fee Fund, for all hours paid to employees. A payroll deduction in this amount shall be made from the hourly rates listed in Appendix C. Effecflve June 5, 1999 contribute $32 per hour to Union designated Working Fee Fund. (3) Contribute$3.28 per hour to a L7nion designated Health and Welfare Fund for all hours paid to employees. (4) Contzibute $4.93 per hour to a Union designated Pension Fund for all hours paid to employees. Effecfive June 5, 1999 contribute $5.43 to designated Pension Fund. (5) Contzibute $.15 per hour to a Journeyman and Apprenticeship Training Fund for all hours paid to empioyees. (6) Contribute $.OS per hour to an International Training Fund for ail hours paid to • employees. All contributions made in accordance with this Appendix D shall be forwazded to the Twin City Pipe Trades Service Asociation. The Employer shall establish Worker's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. The Employer's fringe benefit obligation to employees is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwazded contriburions and/or deductions. • �� , . APPENDIXE C•�Q-� WORKING CONDITIONS FOR SENIOR MECHANICAL INSPECTORS, MECHANICAL • INSPECTORS, REFRIGERATION INSPECTORS AND GAS BURNER INSPECTORS � • As a resuit of the 1974 settlement, the Parties have established eraft determined rates for Senior Mechanical Inspectors, Mechanical Inspectors, Refrigeration Inspectors and Gas Bumer Inspectors, with specific understanding that such agreement is restricted to establishing rates of pay for such classifications. It is, consequently, agreed that the Employer in applying Article 3(EMPLOYER RIGHTS) of the Maintenance Labor Agreement, shall have the right to operate the Department in the same manner as heretofore, with management rights unaffected, and that the establishment of separate rates for these classifications as well as for Inspector classificarions in other Bargaining Units, may not result in disputes over assignments or over rates of pay for work performed, nor will any jurisdictional claims or restrictions be asserted by the Union because members of various Inspector classifications aze assigned to work which is also performed by other Inspector classifications. - El- �� Presented by Referred To Green Sheet # 35074 Council File # Q " q'� Committee Date 2 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached ��• May 1, 1999 through April 30,�Y Maintenance Labor Agreement between the City of Saint Paul and United Association Pipefitters Local Union No. 455. _ � ��"� � ��c�`L � V 0� Adop[ion Certified by Council Secretary 6 Y : _—._[,`- � Approv I b Mayor: t t ` _ ey: �^ _ Requested by Department of: Office of Labor Relations BY� � � ��-J�-� c �� Approved by Mayor: Date �' '� ' oY. `� � � � °l°l C1.. A.w�....�•..�. RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� By: �� AdoptedbyCouncil: Date �a�,jC, ` ,��q Adopted by Council: Date q� Adoption Certified by Council Secretary ^-. DEPARTMENT/OFFICE/COUI3CII.: DATE INITTA'i'ED GREEN SHEET No.• 35074 qq �� LABOR RELATIONS July 30, 1999 � CONTACT PERSON & PHONE: p �'v�TL�u°n7'� INITTAL/DATE 7ULIE KRAUS 266-6488 p�IGN I DEPARI"MENT DIR 4 CiTY COUNCIL NIIMBER 2 CITY ATTORNEY C1TY CLERK FOR BUDGEI' DIR- FIN. & MGT. SERVICE DIR NNST BE ON COUNCIL AGENDA BX (DATE) ROUTING 3 MAYOR (OR ASS'I.) � ORDER TOTAL # OF SIGNA'i'URE PAGES_1 (CLIP ALL LOCATIONS FOR SIGNATURE) ncnoN �QU�sTEn: This resolution approves tbe attached May i, 1999 through April 30, 2001 Maintenance Labor Agreement between the City of Saint Paul and United Association Pipefitters Locai Union No. 455. RECOMMENDATiONS: Approve (A) oc Reject (R) PERSONAL SERVICE CON'PRACCS MUST AIVSWER THE FOLLOWING QUESTIONS: PLANNING CONIMISSION _CIVIL SERVICE COMMISSION I. Has this pecson/fivn ever worked under a wntrac[ for this depaztment? _CIB COMMIT7EE Yes No ' STAFF 2. Has this personlfirm ever been a city employee? _DIS1Ti7CT COURT Yes No SUPPORTS WHICH COUNCIL OBJECTIVE? 3. Does [his person/fim� possess a skill not normally possessed by any current city employee? Yes No Ezplain all yes answers on separate sheet and attach to green shcct INITIATING PROBLEM, ISSUE, OPPORTUNTTY (Who, What, When, Where, Why): ADVANI'AGES IF APPROVED: . DISADVANTAGES IF APPROVED: DLSADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BtiDGETED: FUNDING SOURCE: ACTNITY NUMBER: FINANCIAL INFORMATION: (EXPLAIN) ^-�� ,�� Vtl ,�. , �. �- sr t � � - � �1�� - � 1VIay 1,1999'through Ap�il 30, 2�02 .- NfAIl�T.TEN LA'BOR A`GIiEElyIENT , - ` r . , be�ween � - � � , � = TI�E EI'i`� OF �fiiIN'T "Pr�Ufi,::. _ �. � � � , �� ' and"- - � ..,, .. , � ,, � -: � r o � y � r � 1 + <- � I � V��11VI...lO �� _ � PTI';EF�TT�ItS I�OC�L,, �TNI4N NO� 455, % , i . ;, _ � � - , ,, - r �� - ' _ -" _ .. �. _ �r � � � ARTICLE • • qq ,�a� i�� TITLE PAGE Preamble ................................................. ii 1 Purpose ....................................................1 2 Recognition ................................................1 3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights ...............................................2 5 Scope ofthe Agreement .......................................2 6 Probationary Periods .........................................2 7 Philosophy of Employment and Compensation . . . . . . . . . . . . . . . . . . . . . 3 8 Hoursof Work ..............................................3 9 Overtime ..................................................4 10 Ca11InlCallBack ............................................4 11 Wages .....................................................5 12 Fringe Benefits ..............................................5 13 Selection of Foreman and General Foreman . . . . . . . . . . . . . . . . . . . . . . . 5 14 Holidays ...................................................6 15 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 16 AbsencesFrom Work ........................................7 17 Seniority ...................................................7 18 Jurisdiction .................................................8 19 Separation .................................................9 20 Tools .....................................................9 21 Grievance Procedure .........................................9 22 Rightof Subcontract ........................................12 23 Non-discrimination .........................................12 24 Severability ...............................................12 25 Waiver ...................................................13 26 City Mileage Plan ..........................................13 27 Legal5ervices .............................................14 28 Uniform Allowance .........................................15 29 Vacarion ..................................................15 30 Duration & Pledge ..........................................16 Appendix .............................................. Al Appendix .............................................. B1 Appendix C .............................................. Cl Appendix .............................................. D1 Appendix E .............................................. E1 qg �� • ��: :,,,: This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the United Association Pipefitters Local Union No. 455, hereinafter referred to as the Union. The Employer and the Union concur that this Agreement has as its ob}ective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general pubiic through effective labor-management cooperation. • The Employer and the Union both realize that this goal depends not only on the words in the Agreement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual empioyees will best serve the needs of the general pubiic. • ii �� ARTICLE 1 - PURPOSE • 1.1 The Employer and the Union agree tUat the purpose for entering into tlus Agreement is to: 1.1( i) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concemed; 11(2) Set forth rates of pay, hours of work, and other condi6ons of employment as have been agreed upon by the Employer and the Union; 1.l (3) Establish procedures to orderly and geacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 24 (SEVERABILITI�. ARTICLE 2 - RECOGNTTION 2.1 The Empioyer recognizes the Union as the exclusive representative for collective • bazgaining purposes for all personnel in the classes defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case I3o. 73-PR-480-A dated April 16, 1973, if those personnel meet the statutory test for inclusion found in M.S. 179A. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, 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, d'uect, and detemune the number of personnel; and to perform any inherent managerial function not specifically limited by this Ageement. 3.2 Any "term or condition of employment" not established by this Agreement shall remain with the Employer to eliminate, modify, or establish following written notification to the Union. `J -1- ARTICLE 4 - UNION RIGHTS 4.1 The Employer shall deduct an amount necessary to cover monthly Union dues from the • wages of employees who provide written authorization for such a deduction. These deductions shall be remitted as d'uected by the Union. 4.1(1) The Employer shall not deduct dues for any other labor organization from the wages of employees covered by this Agreement. 4.1(2) The Union shall indemnify and save hazmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of this ?,rticle. • 4.2 The Union may designate one (1) employee from the bazgaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the rights and responsibilifies as designated in Article 21 (GRIEVANCE PROCEDURE). 43 Upon notification to a designated Esnployer supervisor, the Business Manager of the Union, or his/her designated representative, shall be permitted to enter the facilities of the Employer where employees covered by this Agreement aze working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employment" defined by M.S. 179.63, Subd. 18 for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Civit Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 Ali personnel, originally hired or rehired foilowing separation, in a regular employment status sha11 serve a six (6) months pmbationary period during wtuch time the employee's fitness and ability to perform the duties and responsibilities of the position shall be evaluated. 6.1(1) At any rime during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 21 (GRIEVANCE PROCEDURE). 6.1(2) 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. -Z- � C� � ARTICLE 6 - PROBATIONARY PERIODS (Continued) . 6.2 All personnel promoted to a lugher class shall serve a six (6) month promotional probationary period during wluch time the employee's fitness and ability to perform the duties and responsibilities of the position shall be evaluated. 6.2(i) At any time during the promotional probationary period an employee may be demoted, at the discretian of the Employer, to the employee's previously held class without appeal to the provisions of Article 21 (GRIEVANCE PROCEDURE). 6.2(2) An employee demoted during the promotional probationary period shall be retumed to the employee's previously held class and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7- PHILOSOPHY OF EMPLOYMENT & COMPENSATION 7.1 The Employer and the Union aze in full agreement that the philosophy of employment and compensation shall be a"cash" hourly wage and "industry" fringe benefit system. 7.2 The Employer shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 11 (WAGES) and 12 (FRINGE BENEFITS). � 73 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 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 83 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a normal work day or work week other than that provided in Article 8.1 or 8.2, the Union agrees w immediately enter into negotiations to establish such conditions. 8.4 This secrion shali not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. . -3- ARTICLE 8- HOURS OF WORK (Continued) 8.5 All employees shall be at the location desigiated by their supervisor, ready for work, at • the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.6 All employees aze subject to call-back by the Employer as pmvided by Article 10 (CALL IN/CALL BACK). 8.7 Employees reporting for work at the established starting time and for whom no work is avaitable shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work aay. 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 will not be honored, even though shown on the time card, unless the required advance approvai has been obtained. 9.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: � 9.2(1) Time worked in excess of eight (8) hours in any one normal work day and, 9.2(2) Time worked in excess of forty (40) hours in a seven (� day period. 93 For the purposes of calculating overtime compensation overtime hours worked shall not be "pyramided," or compounded. No employee shall be paid twice for the same hours worked. 9.4 Overtime hours worked as provided by this Article shall be paid in cash or compensatory. time as determined by the Employer. ARTICLE 10 - CALL IN/CALL BACK 10.1 The Employer retains the right to call in or call back employees before an employee has started a normal work day or normal work week and after aa employee has completed a normal work day or normal work week. 10.2 Employees called in or called back shall receive a minimum of four (4) hours straight time pay at the basic hourly rate, or shall be compensated in accordance with Article 9 (OVERTIME), when applicable, whichever is greater. C� '�' ��`�� ARTICLE 10 - CALL IN/CALL BACK (Continued) • 10.2(1) Notwithstanding Article 10.2, employees called in four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME). ARTICLE 11 - WAGES I 1.1 The basic hourly wage rates as established by Appendix C st�all be paid for all hours worked by an employee. 11.2 The parties agree to calculate the hourly wages for provisional, probationary, and regular employees, for the classes listed in Appendix A, by dividing the temporary rateby 1.0518. 11.3 Provisional, temporary, and regulaz employees sha11 be considered, for the purposes of this Agreement, participating employees and shall be compensated in accordance with Article 11.1 (WAGES) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 12 (FRINGE BENEFITS). ARTICLE 12 - FRINGE BENEFITS • 12.1 The Employer shall make contributions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D for all hours worked. ARTICLE 13-SELECTION OF FOREMAN AND GENERAL FOREMAN 13.1 The selection of personnel for posi6ons in the class of Lead Pipefitter shall remain solely with the Employer. 13.2 Positions in the class of Lead Pipefitter shall be filled by employees of the bazgaining unit on a "temporary assignment." 133 All "temporary assignments" shalS be made only at the direction of a designated Employer supervisor. 13.4 Such "temporary assignments" shall be made only in cases where the position is vacant for more than one (1) normal work day. • �� .. ARTICLE 14 - HOLIDAYS 14.1 The following ten {10) days shall be designated as holidays: New Yeaz's Day, January 1 Martin Luther King Day, Third Monday in January Presidents' Day, Third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veterans` Day, November 11 Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 14.2 VJhen New Yeaz's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. ] 4.3 The ten (l 0) holidays shall be considered non-work days. n U 14.4 If, in the judgment of the Employer, personnel aze necessary for operating or emergency reasons, employees may be scheduled or "called in/called back" in accordance with Article 10 (CALL IN/CALL BACK). . 14.5 If an employee entifled to a holiday is required to work on Martin Luther King Day, President's Day, Veteran's Day, or the Day After Thanksgiving, he/she shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department pemuts, or the employee shall be paid on a straight time basis for such hours worked, in addirion to his/her regutar holiday pay. If an employee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, T'hanksgiving Day or Christmas Day, he/she shall be recompensed for work done on this day by being granted compensatory time on a time and one-haif basis, or by being paid on a time and one-fialf basis for sucfi hours worked, in addition to his/her regular holiday pay. Eligibility for Holiday pay shall be determined in accordance with Section I, Subsection I of the St Paul Saiary Plan and Rates of Compensarion. � • ' � ARTICLE 15 - DISCIPLINARY PROCEDURE . 15.1 The Employer shall have the right to impose disciplinary actions on employees for just cause. 15.2 Disciplinary actions by the Employer shall inciude only the following actions: 15.2(1) Oral reprimand. 15.2(2) Written reprimand. 15.2(3) Suspension. 15.2(4) Demotion. 15.2(5) Discharge. 15.3 Employees who are suspended, demoted, or dischazged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Boazd of Review. T'he Civil Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appeal of a suspension, demotion, or discharge shall be considered a"grievance" for the purpose of processing through the provisions of Article 21 (GRIEVANCE PROCEDURE). ARTICLE 16 - ABSENCES FROM WORK • 16.1 Employees who aze unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possibie, but in no event later than the beginning of such work day. 16.2 Failure to make such notification may be grounds for discipline as provided in Article 15 (DISCIPLINARY PROCEDURES). 16.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered by the Employer to be a"quit" on the part of the employee. ARTICLE 17 - SENIORITY 17.1 Seniority, for the purposes of this Agreement, shall be defined as follows: 17.1(1) "Master Seniority" - The length of continuous regulaz and probationary service with the Employer from the last date of employment in any and all class titles covered by this Agreement. 17.1(2) "Class Seniority" - The length of continuous regulaz and probarionary service with the Employer from the date an empioyee was first appointed to a class title covered by this Agreement. • S� ARTICLE 17 - SENIORITY (Continued) • 2 7.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 173 Seniority shall temunate when an employee retires, resigns, or is discharged. 17.4 In the event it is determined by the Employer that it is necessary to reduce the work force employees will be laid offby class title within each department based on iaverse length of "Class Seniority." Emp2oyees laid off sl�ali have the right to reinstatement in any previously held lower paid class tide, covered by flris Agreement, provided such employee has greater "Class Seniority" than the employee being replaced. 1'IS The selection of vacation periods shall be made by class fitle based on length of "Class Seniority," subject to the approval of the Employer. ARTICLE 18 - JURISDICTION 18.1 Disputes concerning work jurisdiction between and among unions is recognized as an . appropriate subject to determination by the various unions representing empioyees ofthe Employer. 18.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 183 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 18.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 18.2 and 183 above shall be subject to disciplinary action as provided in Article 15 (DISCIPLINARY PROCEDITRES). 18.5 There shall be no work stoppage, slow dowv, or any disruption of work resulting from a work assignment. -8- • �q.�q� �� ARTICLE 19 - SEPARATION 19.1 Employees having a probationary or regular employment status shail be considered separated from employment based on the following actions: 19.1(1) 19.1(2) 19.1(3) 19.1(4) Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. Retirement. As provided in Article 14. Discharge. As provided in Article 15 (DISCIPLINARY PROCEDURES) Failure to Report for Duty. As provided in Article 16 (ABSENCES FROM WORK). 19.2 Employees othex than regulaz employees who have successfully completed their probationary period may be terminated at the discretion of the Employer before the completion of a normal work day. ARTICLE 20 - TOOLS 20.1 All employees shail personally provide themselves with the tools of the trade as listed in Appendix B. ARTICLE 21 - GRIEVANCE PROCEDURE 21.1 The Employer shall recognize the Stewazd selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Empioyer in writing of the name of the Stewazd and of his/her successor when so named. 21.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinaRer provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Stewazd 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. � ARTICLE 21 - GRIEVANCE PROCEDURE (Continued) • 213 The procedure established by ttris Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Section 153 (DISCIPLINARY PROCEDURES), for the processing of grievances, which aze defined as an alleged violation of the terms and conditions of this Agreement. 21.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of flus Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informat 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 atteged secrion(s) of the Agreement viotated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shali be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a � designated Employer supervisor shall meet with the Union Stewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresotved, the Employer shall repty in writing to the Union within three (3) calendaz days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (� caiendar days following tkis meeting the Employer shatl reply in writing to the Union stating the Employer's answer conceming the grievance. If, as a resutt of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shali be considered waived. • -10- �`�� ARTICLE 21 - GRIEVANCE PROCEDURE (Continued) � Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request azbitration of the grievance. The arbitration proceedings shall be conducted by an azbitrator to be selected by mutual agreement of the Employer and the Union within seven ('7) calendar days after notice has been given. If the parties fail to mutually agree upon an azbitrator within the said seven (7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5) arbitrators. Both the Employer and the Union shail have the right to strike two (2) names from the panel. The Union shall strike the first (1 st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 21.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The azbitrator 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 azbitrator 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 regularions having the force and effect of law. The azbitrator's decision shatl 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 azbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union and the employees. 21.6 The fees and expenses for the azbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 21.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. � -11- ARTICLE 22 - RIGHT OF SUBCONTRACT 22.1 The Employer may, at any lime during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of the work force covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the inYention to sub-contract. 22.2 T'he sub-contracting of work done by the employees covered by this Agreement shall in all cases be made oaly to employers who quaiify in accordance with Ordinauce No. 14013. ARTICLE 23 - NON-DISCRIMINATION 23.1 The terms and conditions of this Agreement will be applied to employees equally without regazd to, or discrimination for or against any individual because of, nce, color, creed, sex, age, or because of inembership or non-membership in the Union. 23.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 24 - SEVERABILITY 24.1 In the event that any provision(s) of this Agreement is declazed 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. AlI other provisions shall continue in full force and effect. 24.2 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. C� � • '.fV.� qQ �a� ARTICLE 25 - WAIVER • 25.1 The Employer and the Union aclrnowledge that during the meeting and negotiating which resuited in this Agreement each had the right and opportunity to make proposals with respect to any subject conceming the teru�s and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right aze fully and completely set forth in this Agreement. 25.2 Therefore, the Employer and the Union agree for the duration of this Agreement that the other party shail not be obligated to meet and negotiate over any term or conditions of employment, whether specifically covered or not specifically wvered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 25.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regazding the terms and conditions of employment, to the estent they aze inconsistent with this Agreement, aze hereby superseded. ARTICLE 26 - CITY MILEAGE 26.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul � Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duries, the following provisions aze adopted. 26.2 Method of Computation: To be eligible for such reimbursement, a11 officers and employees must receive written authorization from the Depariment Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually used in perfomung the duties of the employee's position. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head oz designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. . -13- ARTICLE 26 - CITY MILEAGE (Continued) Type 2. If an employee is required to use his/her own automobile REGiJLARLY during employment, the employee shatl be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reunbursed $.20 per mile for each mile actually drivea If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the nte of $.20 per mile driven and shall not be eligible for any per diem. 263 The Ciry will provide parking at the Civic Center Pazking Ramp for City employees on either of the above mentioned types of reimbursement plans who aze required to have their personal caz available for City business. Such pazking will be provided only for the days the employee is required to have his or her own personal car available. � 26.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly �davits stating the number of days worked and the number of miles driven, and � further require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for properiy damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rutes and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. ARTICLE 27 - LEGAL SERVICES 27.1 Except in the case of malfeasance in office or wiilful or wanton neglect of duty, the Employer shall defend, save hazmless and indemnify an employee and/or his estate against any claim or demand, whether groundless or othervvise, arising out of an alleged act or omission occurring in the performance and scope of the employee's duties. • -14- �c� �q$ ARTICLE 27 - LEGAL SERVICES (Continued) • 27.2 Notwithstanding the provisions of Article 27.1, the Employer shall not be required to defend or indemnify any employee against personal liability, or damages, costs or expense (a) resulting from a claim, suit, verdict, finding, deternrination or judgment that the employee has committed an intentional tort or torts, inciuding but not limited to siander, libel andior other defamatory bartns; or (b) arising out of cross claims, counterclaims, affirmative defenses and/or separate actions brought against such employee in response to or resulting from claims, allegations, demands or actions (whether or not litigation was actualiy commenced) brought, made or instituted by such employee. 273 Notwithstanding the provisions of Article 27.1 and 27.2, the employer may at its sole discretion defend an employee allegations, claims, demands or actions wholly or in part based on or arising out of claimed intentional torts, and in such cases, the employee may consent to the extent lawfiilly permitted to such representation without regazd to actual or potential conflicts of interest. 27.4 Each employee, within 20 days after receiving notice of (1) a tort claim or demand, action, suit or proceeding against him or hez, or (2) a judgment, verdict, finding or determination, either of which arises out of alleged or found acts or oaussions occurring in the performance or scope of the employee's dupes, shall notify the City by giving written notice thereof to the Office of the City Clerk. • ARTICLE 28 - UNIFORM ALLOWANCE 28.1 Mechanicat Inspectors in the Fire Department who aze required to weaz a specified uniform shall receive an allowance of $425.25 per calendaz yeaz from the Fire Department. ARTICLE 29 - VACATION 29.1 Employees are required to take ten (10) days of unpaid vacation per yeaz. � -15- ARTICLE 30 - DURATION AND PLEDGE 30.1 This agreement is effective the date of signing by the Employer and the Uaion and shall remain in effect through the 30th day of April, 2002, and shall continue in effect from year to yeaz thereafter unless notice to change or to terminate is given in the manner provided in Article 30. 30.2 If either party desires to terminate or modify this Agreement, effective as of the date of expiration, the parry wishing to modify or terminate the Agreement shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the e�iration date, provided that the Agreement may only be so terminated or modified effecdve as of the expiration date. 303 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the grievance procedure herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: � 303(1) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down the'u work, or absent themselves in whole or part from the full, faithful perforn►ance of their duties of employment. • 303(2) The Employer will not engage in, instigate, or condone any lock-out of employees. 303(3) This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City and the City Council and is also subject to ratificadon by the Union. • -16- �� 1 q� � • • ARTICLE 30 - DURATION AND PLEDGE (Continued) AGREED to this �f th day of August 1999, and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representafive for the Employer and the Union. WITNESSES: ��L�7�Y�►�[f� � �� Joe Reid Director, Financial Services LTNITBD ASSOCIATION PIPEFITTERS LOCAL IJNION NO. 455 �_ �� - „ i T. Jerry Barnes Business Manager - 17- q�.1a� � APPENDIX A The classes recognized by the Employer as being exclusively represented by the Union aze as follows: Lead Pipefitter Pipefitter Apprentice - Pipefitter Refrigeration, Gas and Oil Serviceperson Mechanical Inspector - Pipefitter Senior Mechanical Inspector - Pipefitter C� • and other classes that may be established by the Employer where the duties and responsibilities assigned aze determined by the Bureau of Mediafion Service to be appropriately represented by this bargaining unit. �f� �q-�`�� • APPENDIX B • • 6' folding ruler � 4 APPENDIX C ��J'� � � • • • 2. The basic hourly wage rates for temporary employees appointed to the following classes shall be: Mechanical Inspector Senior Mechanical Insp.-Pipefitter MechanicalInspector Senior Mechanical Insp.-Pipefitter The basic hourly rate for temporary employees whose length of employment and earnings require that they be subject to Public Employees Retirement Association (PERA) contributions shall be the above temporary rate divided 1.0518. Effective Effecrive 5/8/99 6/5/99 $29.68 $29.18 $30.68 $30.18 Effective Effective S/I/OO(orclosest 5/1/011orclosest navroll ceriod) aavroll neriod) * *s * *a The basic hourly wage rate for provisional, probationary and regulaz employees appointed to the following classes shall be as follows: Mechanical Inspector Senior Mechanicai Insp.-Pipefitter Effective 5/8/99 $28.22 $29.17 Effective � 6/5/99 $27.74 $28.69 Effective Mechanical Inspector Senior Mechanical Insp.-Pipefitter Effective S�I/OO (orclosest 5�1��1 (orclosest pavroll neriod) uavroll neriod) « *� * +* All June 5, 1999 rates include the $4.57 per hour taxable contributions listed in Appendix D. * Effective OS/Ol/00(or closest payroll period), there will be an addifional$1.61 per hour added to the total package. The parties will agree prior to that date as to the distribu6on of the increase between the wages and fringes. This amount will be decreased by any increase in the Industry Fund. - ci - 1 APPENDIX C (Continued) �{� "� � D ** Effective OS/Ol/Ol(or closest payroll period), there will be an additional $1.65 per hour • added to the total package. The parties wiil agree prior to that date as to the distribution of the increase between the wages and fringes. This amount will be decreased by any increase in the Industry Fund. • • In the event that the Union elects to have the fringe benefits contributions made by the Employer for such employees that are listed in Appendis D increased or decreased during the contract period, the basic hourly wage rate sha11 be reduced or increased by the same amount so that the total cost to the Empioyer remains unchanged. The Union membership did not authorize new deduction rates until7une 1999, therefore the $1.63 total increase was applied as follows for May 1999 only: $138 on the check, $20 on Health and Welfaze and $.OS on the International Training Fund. -C2- APPENDIX D q�'� �� Effective May 8, 1999 the Employer shail: • (1) Contribute $4.25 per hour to a Union designated Credit Union, for all hours paid to employees. A payroll deduction in this amount shall be made &om the hourly rates listed in Appendis C. (2) Contribute $.12 per hour to a Union designated Working Fee Fund, for all hours paid to employees. A payroll deduction in this amount shall be made from the hourly rates listed in Appendix C. Effecflve June 5, 1999 contribute $32 per hour to Union designated Working Fee Fund. (3) Contribute$3.28 per hour to a L7nion designated Health and Welfare Fund for all hours paid to employees. (4) Contzibute $4.93 per hour to a Union designated Pension Fund for all hours paid to employees. Effecfive June 5, 1999 contribute $5.43 to designated Pension Fund. (5) Contzibute $.15 per hour to a Journeyman and Apprenticeship Training Fund for all hours paid to empioyees. (6) Contribute $.OS per hour to an International Training Fund for ail hours paid to • employees. All contributions made in accordance with this Appendix D shall be forwazded to the Twin City Pipe Trades Service Asociation. The Employer shall establish Worker's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. The Employer's fringe benefit obligation to employees is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwazded contriburions and/or deductions. • �� , . APPENDIXE C•�Q-� WORKING CONDITIONS FOR SENIOR MECHANICAL INSPECTORS, MECHANICAL • INSPECTORS, REFRIGERATION INSPECTORS AND GAS BURNER INSPECTORS � • As a resuit of the 1974 settlement, the Parties have established eraft determined rates for Senior Mechanical Inspectors, Mechanical Inspectors, Refrigeration Inspectors and Gas Bumer Inspectors, with specific understanding that such agreement is restricted to establishing rates of pay for such classifications. It is, consequently, agreed that the Employer in applying Article 3(EMPLOYER RIGHTS) of the Maintenance Labor Agreement, shall have the right to operate the Department in the same manner as heretofore, with management rights unaffected, and that the establishment of separate rates for these classifications as well as for Inspector classificarions in other Bargaining Units, may not result in disputes over assignments or over rates of pay for work performed, nor will any jurisdictional claims or restrictions be asserted by the Union because members of various Inspector classifications aze assigned to work which is also performed by other Inspector classifications. - El- �� Presented by Referred To Green Sheet # 35074 Council File # Q " q'� Committee Date 2 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached ��• May 1, 1999 through April 30,�Y Maintenance Labor Agreement between the City of Saint Paul and United Association Pipefitters Local Union No. 455. _ � ��"� � ��c�`L � V 0� Adop[ion Certified by Council Secretary 6 Y : _—._[,`- � Approv I b Mayor: t t ` _ ey: �^ _ Requested by Department of: Office of Labor Relations BY� � � ��-J�-� c �� Approved by Mayor: Date �' '� ' oY. `� � � � °l°l C1.. A.w�....�•..�. RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� By: �� AdoptedbyCouncil: Date �a�,jC, ` ,��q Adopted by Council: Date q� Adoption Certified by Council Secretary ^-. DEPARTMENT/OFFICE/COUI3CII.: DATE INITTA'i'ED GREEN SHEET No.• 35074 qq �� LABOR RELATIONS July 30, 1999 � CONTACT PERSON & PHONE: p �'v�TL�u°n7'� INITTAL/DATE 7ULIE KRAUS 266-6488 p�IGN I DEPARI"MENT DIR 4 CiTY COUNCIL NIIMBER 2 CITY ATTORNEY C1TY CLERK FOR BUDGEI' DIR- FIN. & MGT. SERVICE DIR NNST BE ON COUNCIL AGENDA BX (DATE) ROUTING 3 MAYOR (OR ASS'I.) � ORDER TOTAL # OF SIGNA'i'URE PAGES_1 (CLIP ALL LOCATIONS FOR SIGNATURE) ncnoN �QU�sTEn: This resolution approves tbe attached May i, 1999 through April 30, 2001 Maintenance Labor Agreement between the City of Saint Paul and United Association Pipefitters Locai Union No. 455. RECOMMENDATiONS: Approve (A) oc Reject (R) PERSONAL SERVICE CON'PRACCS MUST AIVSWER THE FOLLOWING QUESTIONS: PLANNING CONIMISSION _CIVIL SERVICE COMMISSION I. Has this pecson/fivn ever worked under a wntrac[ for this depaztment? _CIB COMMIT7EE Yes No ' STAFF 2. Has this personlfirm ever been a city employee? _DIS1Ti7CT COURT Yes No SUPPORTS WHICH COUNCIL OBJECTIVE? 3. Does [his person/fim� possess a skill not normally possessed by any current city employee? Yes No Ezplain all yes answers on separate sheet and attach to green shcct INITIATING PROBLEM, ISSUE, OPPORTUNTTY (Who, What, When, Where, Why): ADVANI'AGES IF APPROVED: . DISADVANTAGES IF APPROVED: DLSADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BtiDGETED: FUNDING SOURCE: ACTNITY NUMBER: FINANCIAL INFORMATION: (EXPLAIN) ^-�� ,�� Vtl ,�. , �. �- sr t � � - � �1�� - � 1VIay 1,1999'through Ap�il 30, 2�02 .- NfAIl�T.TEN LA'BOR A`GIiEElyIENT , - ` r . , be�ween � - � � , � = TI�E EI'i`� OF �fiiIN'T "Pr�Ufi,::. _ �. � � � , �� ' and"- - � ..,, .. , � ,, � -: � r o � y � r � 1 + <- � I � V��11VI...lO �� _ � PTI';EF�TT�ItS I�OC�L,, �TNI4N NO� 455, % , i . ;, _ � � - , ,, - r �� - ' _ -" _ .. �. _ �r � � � ARTICLE • • qq ,�a� i�� TITLE PAGE Preamble ................................................. ii 1 Purpose ....................................................1 2 Recognition ................................................1 3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights ...............................................2 5 Scope ofthe Agreement .......................................2 6 Probationary Periods .........................................2 7 Philosophy of Employment and Compensation . . . . . . . . . . . . . . . . . . . . . 3 8 Hoursof Work ..............................................3 9 Overtime ..................................................4 10 Ca11InlCallBack ............................................4 11 Wages .....................................................5 12 Fringe Benefits ..............................................5 13 Selection of Foreman and General Foreman . . . . . . . . . . . . . . . . . . . . . . . 5 14 Holidays ...................................................6 15 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 16 AbsencesFrom Work ........................................7 17 Seniority ...................................................7 18 Jurisdiction .................................................8 19 Separation .................................................9 20 Tools .....................................................9 21 Grievance Procedure .........................................9 22 Rightof Subcontract ........................................12 23 Non-discrimination .........................................12 24 Severability ...............................................12 25 Waiver ...................................................13 26 City Mileage Plan ..........................................13 27 Legal5ervices .............................................14 28 Uniform Allowance .........................................15 29 Vacarion ..................................................15 30 Duration & Pledge ..........................................16 Appendix .............................................. Al Appendix .............................................. B1 Appendix C .............................................. Cl Appendix .............................................. D1 Appendix E .............................................. E1 qg �� • ��: :,,,: This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the United Association Pipefitters Local Union No. 455, hereinafter referred to as the Union. The Employer and the Union concur that this Agreement has as its ob}ective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general pubiic through effective labor-management cooperation. • The Employer and the Union both realize that this goal depends not only on the words in the Agreement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual empioyees will best serve the needs of the general pubiic. • ii �� ARTICLE 1 - PURPOSE • 1.1 The Employer and the Union agree tUat the purpose for entering into tlus Agreement is to: 1.1( i) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concemed; 11(2) Set forth rates of pay, hours of work, and other condi6ons of employment as have been agreed upon by the Employer and the Union; 1.l (3) Establish procedures to orderly and geacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 24 (SEVERABILITI�. ARTICLE 2 - RECOGNTTION 2.1 The Empioyer recognizes the Union as the exclusive representative for collective • bazgaining purposes for all personnel in the classes defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case I3o. 73-PR-480-A dated April 16, 1973, if those personnel meet the statutory test for inclusion found in M.S. 179A. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, 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, d'uect, and detemune the number of personnel; and to perform any inherent managerial function not specifically limited by this Ageement. 3.2 Any "term or condition of employment" not established by this Agreement shall remain with the Employer to eliminate, modify, or establish following written notification to the Union. `J -1- ARTICLE 4 - UNION RIGHTS 4.1 The Employer shall deduct an amount necessary to cover monthly Union dues from the • wages of employees who provide written authorization for such a deduction. These deductions shall be remitted as d'uected by the Union. 4.1(1) The Employer shall not deduct dues for any other labor organization from the wages of employees covered by this Agreement. 4.1(2) The Union shall indemnify and save hazmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of this ?,rticle. • 4.2 The Union may designate one (1) employee from the bazgaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the rights and responsibilifies as designated in Article 21 (GRIEVANCE PROCEDURE). 43 Upon notification to a designated Esnployer supervisor, the Business Manager of the Union, or his/her designated representative, shall be permitted to enter the facilities of the Employer where employees covered by this Agreement aze working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employment" defined by M.S. 179.63, Subd. 18 for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Civit Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 Ali personnel, originally hired or rehired foilowing separation, in a regular employment status sha11 serve a six (6) months pmbationary period during wtuch time the employee's fitness and ability to perform the duties and responsibilities of the position shall be evaluated. 6.1(1) At any rime during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 21 (GRIEVANCE PROCEDURE). 6.1(2) 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. -Z- � C� � ARTICLE 6 - PROBATIONARY PERIODS (Continued) . 6.2 All personnel promoted to a lugher class shall serve a six (6) month promotional probationary period during wluch time the employee's fitness and ability to perform the duties and responsibilities of the position shall be evaluated. 6.2(i) At any time during the promotional probationary period an employee may be demoted, at the discretian of the Employer, to the employee's previously held class without appeal to the provisions of Article 21 (GRIEVANCE PROCEDURE). 6.2(2) An employee demoted during the promotional probationary period shall be retumed to the employee's previously held class and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7- PHILOSOPHY OF EMPLOYMENT & COMPENSATION 7.1 The Employer and the Union aze in full agreement that the philosophy of employment and compensation shall be a"cash" hourly wage and "industry" fringe benefit system. 7.2 The Employer shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 11 (WAGES) and 12 (FRINGE BENEFITS). � 73 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 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 83 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a normal work day or work week other than that provided in Article 8.1 or 8.2, the Union agrees w immediately enter into negotiations to establish such conditions. 8.4 This secrion shali not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. . -3- ARTICLE 8- HOURS OF WORK (Continued) 8.5 All employees shall be at the location desigiated by their supervisor, ready for work, at • the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.6 All employees aze subject to call-back by the Employer as pmvided by Article 10 (CALL IN/CALL BACK). 8.7 Employees reporting for work at the established starting time and for whom no work is avaitable shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work aay. 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 will not be honored, even though shown on the time card, unless the required advance approvai has been obtained. 9.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: � 9.2(1) Time worked in excess of eight (8) hours in any one normal work day and, 9.2(2) Time worked in excess of forty (40) hours in a seven (� day period. 93 For the purposes of calculating overtime compensation overtime hours worked shall not be "pyramided," or compounded. No employee shall be paid twice for the same hours worked. 9.4 Overtime hours worked as provided by this Article shall be paid in cash or compensatory. time as determined by the Employer. ARTICLE 10 - CALL IN/CALL BACK 10.1 The Employer retains the right to call in or call back employees before an employee has started a normal work day or normal work week and after aa employee has completed a normal work day or normal work week. 10.2 Employees called in or called back shall receive a minimum of four (4) hours straight time pay at the basic hourly rate, or shall be compensated in accordance with Article 9 (OVERTIME), when applicable, whichever is greater. C� '�' ��`�� ARTICLE 10 - CALL IN/CALL BACK (Continued) • 10.2(1) Notwithstanding Article 10.2, employees called in four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME). ARTICLE 11 - WAGES I 1.1 The basic hourly wage rates as established by Appendix C st�all be paid for all hours worked by an employee. 11.2 The parties agree to calculate the hourly wages for provisional, probationary, and regular employees, for the classes listed in Appendix A, by dividing the temporary rateby 1.0518. 11.3 Provisional, temporary, and regulaz employees sha11 be considered, for the purposes of this Agreement, participating employees and shall be compensated in accordance with Article 11.1 (WAGES) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 12 (FRINGE BENEFITS). ARTICLE 12 - FRINGE BENEFITS • 12.1 The Employer shall make contributions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D for all hours worked. ARTICLE 13-SELECTION OF FOREMAN AND GENERAL FOREMAN 13.1 The selection of personnel for posi6ons in the class of Lead Pipefitter shall remain solely with the Employer. 13.2 Positions in the class of Lead Pipefitter shall be filled by employees of the bazgaining unit on a "temporary assignment." 133 All "temporary assignments" shalS be made only at the direction of a designated Employer supervisor. 13.4 Such "temporary assignments" shall be made only in cases where the position is vacant for more than one (1) normal work day. • �� .. ARTICLE 14 - HOLIDAYS 14.1 The following ten {10) days shall be designated as holidays: New Yeaz's Day, January 1 Martin Luther King Day, Third Monday in January Presidents' Day, Third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veterans` Day, November 11 Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 14.2 VJhen New Yeaz's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. ] 4.3 The ten (l 0) holidays shall be considered non-work days. n U 14.4 If, in the judgment of the Employer, personnel aze necessary for operating or emergency reasons, employees may be scheduled or "called in/called back" in accordance with Article 10 (CALL IN/CALL BACK). . 14.5 If an employee entifled to a holiday is required to work on Martin Luther King Day, President's Day, Veteran's Day, or the Day After Thanksgiving, he/she shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department pemuts, or the employee shall be paid on a straight time basis for such hours worked, in addirion to his/her regutar holiday pay. If an employee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, T'hanksgiving Day or Christmas Day, he/she shall be recompensed for work done on this day by being granted compensatory time on a time and one-haif basis, or by being paid on a time and one-fialf basis for sucfi hours worked, in addition to his/her regular holiday pay. Eligibility for Holiday pay shall be determined in accordance with Section I, Subsection I of the St Paul Saiary Plan and Rates of Compensarion. � • ' � ARTICLE 15 - DISCIPLINARY PROCEDURE . 15.1 The Employer shall have the right to impose disciplinary actions on employees for just cause. 15.2 Disciplinary actions by the Employer shall inciude only the following actions: 15.2(1) Oral reprimand. 15.2(2) Written reprimand. 15.2(3) Suspension. 15.2(4) Demotion. 15.2(5) Discharge. 15.3 Employees who are suspended, demoted, or dischazged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Boazd of Review. T'he Civil Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appeal of a suspension, demotion, or discharge shall be considered a"grievance" for the purpose of processing through the provisions of Article 21 (GRIEVANCE PROCEDURE). ARTICLE 16 - ABSENCES FROM WORK • 16.1 Employees who aze unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possibie, but in no event later than the beginning of such work day. 16.2 Failure to make such notification may be grounds for discipline as provided in Article 15 (DISCIPLINARY PROCEDURES). 16.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered by the Employer to be a"quit" on the part of the employee. ARTICLE 17 - SENIORITY 17.1 Seniority, for the purposes of this Agreement, shall be defined as follows: 17.1(1) "Master Seniority" - The length of continuous regulaz and probationary service with the Employer from the last date of employment in any and all class titles covered by this Agreement. 17.1(2) "Class Seniority" - The length of continuous regulaz and probarionary service with the Employer from the date an empioyee was first appointed to a class title covered by this Agreement. • S� ARTICLE 17 - SENIORITY (Continued) • 2 7.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 173 Seniority shall temunate when an employee retires, resigns, or is discharged. 17.4 In the event it is determined by the Employer that it is necessary to reduce the work force employees will be laid offby class title within each department based on iaverse length of "Class Seniority." Emp2oyees laid off sl�ali have the right to reinstatement in any previously held lower paid class tide, covered by flris Agreement, provided such employee has greater "Class Seniority" than the employee being replaced. 1'IS The selection of vacation periods shall be made by class fitle based on length of "Class Seniority," subject to the approval of the Employer. ARTICLE 18 - JURISDICTION 18.1 Disputes concerning work jurisdiction between and among unions is recognized as an . appropriate subject to determination by the various unions representing empioyees ofthe Employer. 18.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 183 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 18.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 18.2 and 183 above shall be subject to disciplinary action as provided in Article 15 (DISCIPLINARY PROCEDITRES). 18.5 There shall be no work stoppage, slow dowv, or any disruption of work resulting from a work assignment. -8- • �q.�q� �� ARTICLE 19 - SEPARATION 19.1 Employees having a probationary or regular employment status shail be considered separated from employment based on the following actions: 19.1(1) 19.1(2) 19.1(3) 19.1(4) Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. Retirement. As provided in Article 14. Discharge. As provided in Article 15 (DISCIPLINARY PROCEDURES) Failure to Report for Duty. As provided in Article 16 (ABSENCES FROM WORK). 19.2 Employees othex than regulaz employees who have successfully completed their probationary period may be terminated at the discretion of the Employer before the completion of a normal work day. ARTICLE 20 - TOOLS 20.1 All employees shail personally provide themselves with the tools of the trade as listed in Appendix B. ARTICLE 21 - GRIEVANCE PROCEDURE 21.1 The Employer shall recognize the Stewazd selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Empioyer in writing of the name of the Stewazd and of his/her successor when so named. 21.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinaRer provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Stewazd 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. � ARTICLE 21 - GRIEVANCE PROCEDURE (Continued) • 213 The procedure established by ttris Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Section 153 (DISCIPLINARY PROCEDURES), for the processing of grievances, which aze defined as an alleged violation of the terms and conditions of this Agreement. 21.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of flus Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informat 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 atteged secrion(s) of the Agreement viotated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shali be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a � designated Employer supervisor shall meet with the Union Stewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresotved, the Employer shall repty in writing to the Union within three (3) calendaz days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (� caiendar days following tkis meeting the Employer shatl reply in writing to the Union stating the Employer's answer conceming the grievance. If, as a resutt of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shali be considered waived. • -10- �`�� ARTICLE 21 - GRIEVANCE PROCEDURE (Continued) � Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request azbitration of the grievance. The arbitration proceedings shall be conducted by an azbitrator to be selected by mutual agreement of the Employer and the Union within seven ('7) calendar days after notice has been given. If the parties fail to mutually agree upon an azbitrator within the said seven (7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5) arbitrators. Both the Employer and the Union shail have the right to strike two (2) names from the panel. The Union shall strike the first (1 st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 21.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The azbitrator 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 azbitrator 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 regularions having the force and effect of law. The azbitrator's decision shatl 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 azbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union and the employees. 21.6 The fees and expenses for the azbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 21.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. � -11- ARTICLE 22 - RIGHT OF SUBCONTRACT 22.1 The Employer may, at any lime during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of the work force covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the inYention to sub-contract. 22.2 T'he sub-contracting of work done by the employees covered by this Agreement shall in all cases be made oaly to employers who quaiify in accordance with Ordinauce No. 14013. ARTICLE 23 - NON-DISCRIMINATION 23.1 The terms and conditions of this Agreement will be applied to employees equally without regazd to, or discrimination for or against any individual because of, nce, color, creed, sex, age, or because of inembership or non-membership in the Union. 23.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 24 - SEVERABILITY 24.1 In the event that any provision(s) of this Agreement is declazed 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. AlI other provisions shall continue in full force and effect. 24.2 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. C� � • '.fV.� qQ �a� ARTICLE 25 - WAIVER • 25.1 The Employer and the Union aclrnowledge that during the meeting and negotiating which resuited in this Agreement each had the right and opportunity to make proposals with respect to any subject conceming the teru�s and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right aze fully and completely set forth in this Agreement. 25.2 Therefore, the Employer and the Union agree for the duration of this Agreement that the other party shail not be obligated to meet and negotiate over any term or conditions of employment, whether specifically covered or not specifically wvered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 25.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regazding the terms and conditions of employment, to the estent they aze inconsistent with this Agreement, aze hereby superseded. ARTICLE 26 - CITY MILEAGE 26.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul � Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duries, the following provisions aze adopted. 26.2 Method of Computation: To be eligible for such reimbursement, a11 officers and employees must receive written authorization from the Depariment Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually used in perfomung the duties of the employee's position. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head oz designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. . -13- ARTICLE 26 - CITY MILEAGE (Continued) Type 2. If an employee is required to use his/her own automobile REGiJLARLY during employment, the employee shatl be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reunbursed $.20 per mile for each mile actually drivea If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the nte of $.20 per mile driven and shall not be eligible for any per diem. 263 The Ciry will provide parking at the Civic Center Pazking Ramp for City employees on either of the above mentioned types of reimbursement plans who aze required to have their personal caz available for City business. Such pazking will be provided only for the days the employee is required to have his or her own personal car available. � 26.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly �davits stating the number of days worked and the number of miles driven, and � further require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for properiy damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rutes and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. ARTICLE 27 - LEGAL SERVICES 27.1 Except in the case of malfeasance in office or wiilful or wanton neglect of duty, the Employer shall defend, save hazmless and indemnify an employee and/or his estate against any claim or demand, whether groundless or othervvise, arising out of an alleged act or omission occurring in the performance and scope of the employee's duties. • -14- �c� �q$ ARTICLE 27 - LEGAL SERVICES (Continued) • 27.2 Notwithstanding the provisions of Article 27.1, the Employer shall not be required to defend or indemnify any employee against personal liability, or damages, costs or expense (a) resulting from a claim, suit, verdict, finding, deternrination or judgment that the employee has committed an intentional tort or torts, inciuding but not limited to siander, libel andior other defamatory bartns; or (b) arising out of cross claims, counterclaims, affirmative defenses and/or separate actions brought against such employee in response to or resulting from claims, allegations, demands or actions (whether or not litigation was actualiy commenced) brought, made or instituted by such employee. 273 Notwithstanding the provisions of Article 27.1 and 27.2, the employer may at its sole discretion defend an employee allegations, claims, demands or actions wholly or in part based on or arising out of claimed intentional torts, and in such cases, the employee may consent to the extent lawfiilly permitted to such representation without regazd to actual or potential conflicts of interest. 27.4 Each employee, within 20 days after receiving notice of (1) a tort claim or demand, action, suit or proceeding against him or hez, or (2) a judgment, verdict, finding or determination, either of which arises out of alleged or found acts or oaussions occurring in the performance or scope of the employee's dupes, shall notify the City by giving written notice thereof to the Office of the City Clerk. • ARTICLE 28 - UNIFORM ALLOWANCE 28.1 Mechanicat Inspectors in the Fire Department who aze required to weaz a specified uniform shall receive an allowance of $425.25 per calendaz yeaz from the Fire Department. ARTICLE 29 - VACATION 29.1 Employees are required to take ten (10) days of unpaid vacation per yeaz. � -15- ARTICLE 30 - DURATION AND PLEDGE 30.1 This agreement is effective the date of signing by the Employer and the Uaion and shall remain in effect through the 30th day of April, 2002, and shall continue in effect from year to yeaz thereafter unless notice to change or to terminate is given in the manner provided in Article 30. 30.2 If either party desires to terminate or modify this Agreement, effective as of the date of expiration, the parry wishing to modify or terminate the Agreement shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the e�iration date, provided that the Agreement may only be so terminated or modified effecdve as of the expiration date. 303 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the grievance procedure herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: � 303(1) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down the'u work, or absent themselves in whole or part from the full, faithful perforn►ance of their duties of employment. • 303(2) The Employer will not engage in, instigate, or condone any lock-out of employees. 303(3) This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City and the City Council and is also subject to ratificadon by the Union. • -16- �� 1 q� � • • ARTICLE 30 - DURATION AND PLEDGE (Continued) AGREED to this �f th day of August 1999, and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representafive for the Employer and the Union. WITNESSES: ��L�7�Y�►�[f� � �� Joe Reid Director, Financial Services LTNITBD ASSOCIATION PIPEFITTERS LOCAL IJNION NO. 455 �_ �� - „ i T. Jerry Barnes Business Manager - 17- q�.1a� � APPENDIX A The classes recognized by the Employer as being exclusively represented by the Union aze as follows: Lead Pipefitter Pipefitter Apprentice - Pipefitter Refrigeration, Gas and Oil Serviceperson Mechanical Inspector - Pipefitter Senior Mechanical Inspector - Pipefitter C� • and other classes that may be established by the Employer where the duties and responsibilities assigned aze determined by the Bureau of Mediafion Service to be appropriately represented by this bargaining unit. �f� �q-�`�� • APPENDIX B • • 6' folding ruler � 4 APPENDIX C ��J'� � � • • • 2. The basic hourly wage rates for temporary employees appointed to the following classes shall be: Mechanical Inspector Senior Mechanical Insp.-Pipefitter MechanicalInspector Senior Mechanical Insp.-Pipefitter The basic hourly rate for temporary employees whose length of employment and earnings require that they be subject to Public Employees Retirement Association (PERA) contributions shall be the above temporary rate divided 1.0518. Effective Effecrive 5/8/99 6/5/99 $29.68 $29.18 $30.68 $30.18 Effective Effective S/I/OO(orclosest 5/1/011orclosest navroll ceriod) aavroll neriod) * *s * *a The basic hourly wage rate for provisional, probationary and regulaz employees appointed to the following classes shall be as follows: Mechanical Inspector Senior Mechanicai Insp.-Pipefitter Effective 5/8/99 $28.22 $29.17 Effective � 6/5/99 $27.74 $28.69 Effective Mechanical Inspector Senior Mechanical Insp.-Pipefitter Effective S�I/OO (orclosest 5�1��1 (orclosest pavroll neriod) uavroll neriod) « *� * +* All June 5, 1999 rates include the $4.57 per hour taxable contributions listed in Appendix D. * Effective OS/Ol/00(or closest payroll period), there will be an addifional$1.61 per hour added to the total package. The parties will agree prior to that date as to the distribu6on of the increase between the wages and fringes. This amount will be decreased by any increase in the Industry Fund. - ci - 1 APPENDIX C (Continued) �{� "� � D ** Effective OS/Ol/Ol(or closest payroll period), there will be an additional $1.65 per hour • added to the total package. The parties wiil agree prior to that date as to the distribution of the increase between the wages and fringes. This amount will be decreased by any increase in the Industry Fund. • • In the event that the Union elects to have the fringe benefits contributions made by the Employer for such employees that are listed in Appendis D increased or decreased during the contract period, the basic hourly wage rate sha11 be reduced or increased by the same amount so that the total cost to the Empioyer remains unchanged. The Union membership did not authorize new deduction rates until7une 1999, therefore the $1.63 total increase was applied as follows for May 1999 only: $138 on the check, $20 on Health and Welfaze and $.OS on the International Training Fund. -C2- APPENDIX D q�'� �� Effective May 8, 1999 the Employer shail: • (1) Contribute $4.25 per hour to a Union designated Credit Union, for all hours paid to employees. A payroll deduction in this amount shall be made &om the hourly rates listed in Appendis C. (2) Contribute $.12 per hour to a Union designated Working Fee Fund, for all hours paid to employees. A payroll deduction in this amount shall be made from the hourly rates listed in Appendix C. Effecflve June 5, 1999 contribute $32 per hour to Union designated Working Fee Fund. (3) Contribute$3.28 per hour to a L7nion designated Health and Welfare Fund for all hours paid to employees. (4) Contzibute $4.93 per hour to a Union designated Pension Fund for all hours paid to employees. Effecfive June 5, 1999 contribute $5.43 to designated Pension Fund. (5) Contzibute $.15 per hour to a Journeyman and Apprenticeship Training Fund for all hours paid to empioyees. (6) Contribute $.OS per hour to an International Training Fund for ail hours paid to • employees. All contributions made in accordance with this Appendix D shall be forwazded to the Twin City Pipe Trades Service Asociation. The Employer shall establish Worker's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. The Employer's fringe benefit obligation to employees is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwazded contriburions and/or deductions. • �� , . APPENDIXE C•�Q-� WORKING CONDITIONS FOR SENIOR MECHANICAL INSPECTORS, MECHANICAL • INSPECTORS, REFRIGERATION INSPECTORS AND GAS BURNER INSPECTORS � • As a resuit of the 1974 settlement, the Parties have established eraft determined rates for Senior Mechanical Inspectors, Mechanical Inspectors, Refrigeration Inspectors and Gas Bumer Inspectors, with specific understanding that such agreement is restricted to establishing rates of pay for such classifications. It is, consequently, agreed that the Employer in applying Article 3(EMPLOYER RIGHTS) of the Maintenance Labor Agreement, shall have the right to operate the Department in the same manner as heretofore, with management rights unaffected, and that the establishment of separate rates for these classifications as well as for Inspector classificarions in other Bargaining Units, may not result in disputes over assignments or over rates of pay for work performed, nor will any jurisdictional claims or restrictions be asserted by the Union because members of various Inspector classifications aze assigned to work which is also performed by other Inspector classifications. - El-