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99-800ORIG�NA� Presented Referred To 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, 2001 Maintenance Labor Agreement between the City of Saint Paul and Painters Local Union Local No. 61. Requested by Department o£ Office of Labor Relarions 1` ., . . � - , �► � ` � . • .. � - . . �� , _ - � � � � r- �- Council File # 9q - 4o Green Sheet # 64001 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � a By: _�_�� 1-- GLQ� "� Adopted by Council: Date c Adoption Certified by Council Secreta Form App v d by_City me B ��/ h� �' � i/ - 7 7 �{!�P � DEPARTMENT/OFFICE/COUNCIL: DATE INiTIATED GgEEN SHEET No.: 64001 OO LABOR RELATTONS July 30, 1999 �� CONTACI' PERSON & PHONE: q �TUUnATE jNiT�AUnATE JULIE KRAUS 266-6488 �n�IGN 1 DEPnx��MeN.I• D�x. � a ci� courtc�� NUMBER 2 CITY ATTORNEY CITY CLERK MUST BE ON COUNCIL AGENDA BY (DATEp FOR � BUDCiET DIR. FIN. � MGT. SERVICE DIR. ROUTING 3 MAYOR (OR ASST.) � ORDER TOTAL tt OF SIGNATIJRE PAGES_I (CLll' ALL LOCATIONS FOR SIGNAT�IRE) ncrtox xEQveszEn: This resolution approves the attached May 1, 1999 through Apri130, 2001 Maintenance Labor Agreement between the City of Saint Paul and Painters Local Union Local No. 61 RECOMMENDATIONS: Approve (A) or R ject (R) PERSONAL SERVICE CONTRACCS MUST ANSWER THE FOLLOWING QUESTIONS: PLANNING COMMISSION CIVIL SERVICE COMMISSION 1. Has this person/firtn ever worked under a contraa for this departrnentl CTB COMMII'I'EE Yes No STAFF , 2. Has this perSOtJfirtn ever been a city employee? DISTR[CT COURT Yes No � SUPPORTS WHICI-I COIINCIL OBJECT'IVE? 3. Does this person/fi`m possess a skill no[ normally possessed by any cutren[ city employee7 Yes No Explain all yes answers on separate sheet and attach to green shce[ INTfIA1TNG PROBLEM, ISSUE, OPPORT[JNI1'Y (Who, Whay When, Where, Why): ADVANTAGES IF APPROVED: DISADVANTAGESIFAYPROVED: DSSADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF'CRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION: (EXPLAIn� � nj O . P_1 . � _,.._ ,..... ,�_.._ . . �� Q - __ _ - � � �Q9' -. '� �.:. - � - �-� � �_ � � , _, �-., �� MAY �, i998. THRII APRti, �0, 200�': IYIAINT�NA1�tCE E,�B01� AGREEIVI�N� � ' ` -_ -, � - - j between , �: ; • , , ; ` f ; � �: _ TH�_ CI�� S�F S AINT : PAUL ? ;: _ � ,, , r � � , ,: �- -� � - . -: z � � 'dII[� � - - � " � <-' \ ry � � _. l -�� .. .. s .. �-. � '_ - I�T'��tI�TATIQNAL BR�THER.�OOD OF _ ``t PA�T'F�RS AND �LiED � � LOC1�I:61 � t� � - ^ _ , . �. �- � �- � � �. �� -,_ - `� _ �. ,, . . , � .,, � ,, . u, �., �: - � � � '�r INDEX • ARTICLE TTTLE 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 Hoursof Work ..............................................3 8 Overtime ..................................................4 9 CaIlBack/Ca11In ............................................4 10 Work Location ..............................................5 11 Wages .....................................................5 12 Fringe Benefits ..............................................5 13 Selection of Lead Painter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 14 Holidays ...................................................6 • 15 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 16 AbsencesFrom Work ........................................7 17 Seniority ...................................................8 18 Jurisdiction .................................................8 19 Separation .................................................9 20 Tools ....................................................10 21 Grievance Procedure ........................................10 22 Rightof Subcontract ........................................12 23 Nondiscrimination ..................... .................. ... 13 24 Severability ...............................................13 25 Waiver ...................................................13 26 City Mileage Pian ..........................................14 27 Durarion and Pledge .........................................15 AppendixA .............................................. A1 AppendixB .............................................. B1 AppendixC .............................................. Cl AppendixD .............................................. DI • , � PREAMBLE This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the Intemational Brotherhood of Painters and Allied Trades Loca161, hereinafter referred to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperarion. • 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 a11 levels of responsibility. Construcfive attitudes of the Employer, the Union, and the individual employees wiil best serve the needs of the general public. • ii �i��$�° Gq'`� r��iyc��xn:�z��y � 1.1 The Employer and the Union agree that the purpose for entering into this Ageement is to: 1.1(1) Aciueve orderly and peaceful relations, thereby establishing a system of uninterrupted opemtions and the highest level of employee performance that is consistent with the safety and well-being of all concemed; 1.1(2) Set forth rates of pay, hours of work, and other canditions of employment as have been agreed upon by the Employer and the Union; 1.1(3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Ag�eement without loss of productivity. 1.2 The Employer and the Union agee 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 legisiation, 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 (Severability). ARTICLE 2 - RECOGNITION • 2.1 The Employer recognizes the Union as the exclusive representative for collective bazgaining purposes for all personnel having an employment status of regulaz, probationary, provisional, and temporary employed in the classes defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-479-A dated April 17, 1973. 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 deterniine the utilization of technology; to establish and modify the organizational shuctiue; to select, direct, and determine the numbetof personnel; and to perform any inherent managerial function not specifically limited by this Agreement. 3.2 Any "term or condition of empioyment" not established by this Agreement shall remain with the Employer to eliminate, modify, or establish following written notification to the Union. -1- � ARTICLE 4 - iJNION RIGHTS 4.1 The Empioyer shall deduct from the wages of employees who authorize such a deduction • in writing an amount necessary to cover monthly Union dues. Such monies deducted shali be remitted as directed by the Union. 4.1(1) The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. 4.1(2) The Union shall indemnify and save harmtess the Employer &om any and all claims or charges made against the Employer as a result of the implementation of ttus Article. 4.2 1'he Union may designate one (i} employee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shail have the rights and responsibilities as designated in Article 21 (Cmevance Procedure). 43 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his designated representative shall be permitted to enter the facilities of the Empioyer where employees covered by this Agreement aze working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employmenY' defined by M.S. • 179.63, Subd. 18 for all employees exclusively represented by the Union. This Agreement shali supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following sepazation, in a regulaz employment status shall serve a oae (1) year probationary period during wluch time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.1(I) At any time dtuing the probation3ry period an employee may be terminated at the discretioa of the Employer without appeal to the provisions of Article 21 (Cttievance Procedure)- _2_ • �� . ARTICLE 6 - PROBATIONARY PERIODS (Continued) � 6.1(2) An empioyee terminated during the probationary period shali receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class stiall serve a six (6) month promotional probationary period during which time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.2(I) At any time during the promotional probationary period an employee may be demoted to the employee's previously held class at the discretion of the Employer without appeal to the provisions of Article 21 (Grievance Procedure). 6.2(2) An employee demoted during the promotional probationary period shall be returned to the employee's previousty hetd class and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7- HOURS OF WORK 7.I The normal work day shall be eight (8} consecurive hours per day, exctuding a thirty (30) minute lunch period between the hours of 6:00 a.m. and 6:00 p.m. . 7.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 7.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 7.4 This section shal] not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 7.5 All employees shall be at the location designated by theu supervisor, ready for work, at the established s4attiag time and shal] remaia at an assigaed wozk location until the end of the established work day unless otherwise directed by their supervisor. 7.6 All employees aze subject to call-back by the Employer as provided by Atticie 9(Call Back1Ca11 In). -3- • ARTICLE 7- HOURS OF WORK (Continned) 7.7 Employees reporting for work at the established starting time and for whom no work is � available shall receive pay for two (2} hours, at the basic hourly rate, uniess notification has been given not to report for work prior to leaving home, or during the previous work aay. ARTICLE 8 - OVERTIME 8.1 Time on the payrall in excess of the normal hours set forth above shall be"overtime work" and shail be done only by order of the head of the department. An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the Emgloyer. 8.2 The rate of one and one-half (I.5) the hourly rate shall be the overtime rate for work performed under the following circumstances: 8.2(1) Time worked in excess of eight (8) hours in any one normal work day and; 8.2(2) Time worked in excess of forty (40) hours in any work week. The time and one-half overtime rate shall be based on the total rate, inciuding any premium pay, being eamed during the overtime hours worked. 83 For the purpose of calculating overtime compensation overtime hours worked shall not be "pyramided", compounded, or paid twice for the same hours worked. ARTICLE 9- CALL BACK(CALL IN 9.1 The Employer retains the right to call in or cail back employees before an emgloyee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 9.2 Employees called in or called back shall receive a m;n,.r,um of four (4) hours s�traight time pay at the basic hoiuly rate, or shall be compensated in accordance with Articie 8 (Overtime) when applicable, whichever is greater. 9.2(1) Notwithstanding Article 9.1, employees called in four (4) hours or less prior to their normal work day shail complete the normal work day and be compensated on3y for the overtime hours worked in accordance with Article 8(Overtime}. i -4- • �l ARTICLE 10 - WORK LOCATION � 10.1 Employees shall report to work location as assigned by a designated Employer supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the Employer. ARTICLE 11 - WAGES I 1.1 The basic hour2y wage rates as established by Appendix C shali be paid for all hours worked by an employee. l 1.2 Regulaz, provisional and temporazy employees shall be compensated in accordance with Article I 1.1 (Wages) and have fringe benefit contributions andJor deductions made in their behalf as provided for by Article 12 (Fringe Benefits). ARTICLE 22 - FRINGE BENEFITS I2.1 The Employer shatI make contributions on behalf of and/or maice deductions from the wages of employees covered by this Agreement in accordance with Appendix D for all hours worked. C� ARTICLE 13 - SELECTION OF LEAD PAINTER 13.1 The selection of personnel for the class of Lead Painter shall remain solely with the Employer. 13.2 The class of Lead Painter shali be filled by empioyees of the bazgaining unit on a "temporary assignment". 13.3 AII "temporary assigaments" shall be made only at the direction of a designated Employer supervisor. � -5- ARTICLE 14 - HOLIDAYS 14.1 The following ten (10) days shall be designated as holidays: � New Year's Day, Januazy 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 Day after Thanksgiving, fourth Friday in November Veterans' Day,l3ovember 11 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 14.2 When New Yeaz's Day, Independence Day or Christmas Day falls on a Sunday, the foilowing Monday shali be considered the designated holiday. When any of these three (3) holidays falls on a Sahuday, the preceding Friday shall be considered the designated holidav. 14.3 The ten (10) holidays shall be considered non-work days. 14.4 If in the judgment of the Employer personnel aze necessary for operating or emergency • reasons, employees may be scheduled or "cailed in or called back" in accordance with Articie 9 (Call Back/Call In). 14.5 Employees assigned to work on Martin Luther King Day, Presidenu' Day, Day after Thanksgiving or Veterans' Day shall be compensated on a straight tune basis for such hours worked. 14.6 Empioyees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Chrisunas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. -6- • aR-$ u ARTICLE 15 - DISCIPLINARY PROCEDURES 15.1 The Employer shali have the right to impose discip2inary actions on employees for just cause. 15.2 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 aze suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Boazd of Review. The Civil Service Commission, or a designated Boazd 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 (Cmevance Procedure). ARTICLE 16 - ABSENCES FROM WORK 161 Employees who aze unable to repori 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 Disciplinary actions by the Employer sball include only the following actions: beginning of such work day. 16.2 Failure to make such notification may be grounds for discipline as provided in Article ] 5, (Disciplinary Procedutes). 16.3 Failure to report for work without notification for three (3) consecutive noimal work days may be considered by the Employer to be a"quit" on the part of the employee. -7- ARTICLE 17 - SENIORITY 17.1 Seniority, for the purposes of this Agreement, shall be defined as follows: � 17.1( i) "Master Seniority" - The length of continuous regulaz and probationary service with the Employer &om the last date of employment in any and all class tifles covered by this Agreement. 17.1(2) "Class Seniority" - The length of continuous regulaz and pmbationary service with the Employer from the date an employee was first appoiated to a class title coveted by this Agreement. 17.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirry (30) calendar days; is granted because of illness or injury; is grante� 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 terminate when an employee retires, resigns, or is discharged. 17.4 In the event it is detemuned by the Employer that it is necessary to reduce the work force, employees will be laid off by class tifle within each Department based on inverse length . of "Ciass Seniority". Empioyees laid off shall have the right to reinstatement in their Department to any previously held lower paid class title in this bazgaining unit, provided such employee has greater "Class Seniority" than the employee being replaced. 17.5 The selection of vacation periods shall be made by class tifle based on length of "Class Seniority", subject to the approvat of the Employer. ARTICLE 1 S - JURISDICTION 18.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate subject to determination by the various unions representing empioyees of the Employer. 18.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. _g_ • �� 1 ARTICLE 18 - NRISDICTION (Continued) � 18.3 In the event of a dispute conceming the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shali restrict the right of the Employer to accomplish the work as originally assigned pending reso2ution of the dispute or to restrict the Emgloyer's basic right to assign work. 18.4 Any emptoyee refusing to perform work assigned by the $mployer aad as clarified by Sections 18.2 and 183 above shall be subject to disciplinary action as provided in Article 15 (Disciplinary Procedures). 18.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. ARTICLE 19 - SEPARATION 19.1 Employees having a probationary or regulaz employment status shall be considered sepazated from employment based on the foilowing actions: 19.1(1) Resignation. Employeesresigningfrom • employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 19. I(2) Discharge. As provided in Article 15. 19.1(3) Failure to Report for Duty. As provided in Article 16. 19.2 Employees having temporary or provisional employment status may be terminated at the discretion of the Employer before the complerion of a normal work day. � -9- ARTICLE 20 - TOOLS 20.1 All employees shall 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 Steward selected in accordance with t3nion rules and regulations as the grievance representative of the bazgaining unit. The Union shall notify the Employer in writing of the name of the Steward 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 hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Stewazd invoived and a grieving empioyee 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 de�imental to the work programs of the Employer. 21.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as grovided by Article 153, for the processing • of grievances, which aze defined as an alleged violation of the terms and condirions 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 this Agreement, the emptoyee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the reHef requested. Any alleged viotation of the Ageement not reduced to writing by the Union within seven (7) catendar days of the fizst occuaence of the event giving rise W the grievance or within the use of reasonable diligence should have had kaowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. -10- • •� ;►► ARTICLE 21 - GRIEVANCE PROCEDURE (Coatinned) � Step 2. Within seven (7) calendaz days after receiving the written grievance a designated Employer supervisor shatl meet with the Union Stewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 svithin seven (7) catendar days following receipt of the Employer's written answer. Any grievance not refeaed in writing by the Union within seven (7) caleadar days following receipt of the Employer's answer shall be considered waived. Step 3. Within seven (� calendar days following receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) catendar days fotlowing this meeting the Employer shall reply in writing to the Union stating the Employer's answer conceming the grievance. If, as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred to in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. • Step 4. If the grievance remains unresolved, the Union may wittvn seven (7) calendaz days after the response of the Employer in Step 3, by written notice to the Employer, request azbitration of the grievance. The azbitration proceedings shall be conducted by an azbitrator to be selected by mutual agreement of the EmpIoyer and the Union within seven (7} calendaz days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relation Board to submit a panel of five (5) arbitrators. Both the EmpIoyer and the Union shait have tfie right to strike two (2) names from the panel. The Union shall strilce the first (1 st) name; the Employer shall then strike one (1) name. The process wili be repeated and the remaiaing person shall be the arbitrator. -11- • ARTICLE 21 - GRIEVANCE PROCEDURE (Continued) 21.5 The azbitrator shall have no right to amend, modify, nullify, ignore, add to, or subttact 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 aot so submitted. The arbitrator shall be without power to make decisions contiary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing wit}�in thirry (30) days following close of the hearing or the submission of briefs by the patties, whichever be later, unless the parties agree to an eartension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Ageement and to the facts of the grievance presented. The decision of the azbi�ator shall be final and binding on the Employer, the Union and the employees. � 21.6 The fees and expenses for the arbitrator's services and proceediags shall be borne equally by the Employer and the Union, provided ihat each pazty shall be responsible for compensating its own representative and witnesses. If either party cancels an azbitration hearing or asks for a last minute postponement that leads to the azbitrators making a chazge, the canceling party or the party asking for the postponement shall pay this charge. If either party desires a verbatim record of the proceediags, 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. ARTICLE 22 - RIGHT OF SUBCONTRACT 22.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of the work force covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the intention to sub-contract 22.2 The sub-contracting of work done by the employees covered by this Agreement shall in all cases be made only to empioyers who qualify in accordance with Ordinance No. 14013. _ 12 . �� •�I ARTICLE 23 - NONDISCRIMINATION � 23.1 The terms and conditions of this Agreement will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, disability or because of inembership or nonmembership in the Union. 23.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities iavolve other employees and the generat public. ARTICLE 24 - SEVERABILITY 24.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administntive, or judicial authority from whose finding, deternunation, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in fiill force and effect. 24.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative, or judicial determination. ARTICLE 25 - WAIVER • 25.1 The Empioyer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right aze fuliy and completely set forth in this Agreement. 25.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or conditions of employment whether specificatly covered or not specifically covered by tlus Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 25.3 Any and atl prior ordinances, agreements, resolutions, pracrices, policies, and rules or regulations regarding the terms and conditions of employment, to the ea�tent they are inconsistent with ttris Agreement, are hereby superseded. -13- • 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 duties, the following provisions are adopted. 26.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization &om the Depaztment Head. Type 1. If an employee is required to use his/her own sutomobIle 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 performing 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 or desigiated representative determines that an employer vehicle is available for the employee's use but the employee desires to use lus/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. Type 2. If an employee is required to use his/her own autoaiobile REGULARLY • during employment, the employee sball be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 mile for each mile actuaily driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines thai 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. -14- . �� t�� ARTICLE 26 - CITY MILEAGE (Continued) � 263 The City will provide pazking at the Civic Center Parking Ramp for City employees on either of the above menrioned types of reimbursement plans who aze required to have their personal caz available for City business. Such pazkiag will be provided only for the days the emptoyee is required to have iris ar her own personai car available. 26.4 Rules and Regulations: The Mayor shall adopt ntles and regulations goveming the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and fiuther require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personat injury, and $25,000 for properiy damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint PauI named as an additional insured. These rutes and regulations, together with the amendment thereto, shall be maintained on file with the City Clerk. ARTICLE 27 - DURATION AND PLEDGE 27.1 Except as herein provided, this Agreement shatl be effective as of the date it is executed by the parties and shall continue in full force and effect through Apri130, 2001 and � thereafter until modified or amended by mutual agreement of the parties. If either party desires to terminate or modify this Agreement, effective as of the date of expirarion, the party wishing to modify or terminate the Agreement shall give written notice to the other party, not more than ninety (90) or Iess than sixty (60) caiendar days prior to the expiration date, provided, that the Agreement may only be so terminated or modified effective as ofthe expiration date. 27.2 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: -15- • c�q-$ob � ARTICLE 27 - DURATION AND PLEDGE (Continued) 27.2(1) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfuliy absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, £aithful performance of their duties of employment. 27.2(2) The Employer wiil not engage in, insfigate, or condone any lock-out of employees. 27.2(3) This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subj ect to the approval of the Administration of the City, the City Council and is also subject to ratification by the Union. • • AGREED to this (� th day of August, 1999 and attested to as the full and complete understanding of the parties for the period of tnne herein specified by the signature of the following representaYive for the Employer and the Union: WITNESSES: OF SAINT PAUL ��;� �- � Jo eid� Director of Financial Services INTERNATIONAL BROTHERHOOD OF CITY PAINTERS & ALLIED TRADES, LOCAL 61 . �� Dan Fleischhacker '� � '� Business Manager -16- �� i► � APPENDIX A The classes of posirions recognized by the Employer as being exclusively represented by the Union are as follocvs: Lead Painter Painter Apprentice and other classes of posirions that may be established by the Employer where the duties and responsibilities assigned ate deternvned tay the Bureau of Mediation Services to be appropriately represented by this bargainuig unit. u • - A1 - ,� �� APPENDIX B • Duster Wall Scrapers Putty Knife Broad Knife Han�er Screw Drivers � -Bl- I �� • � APPENDIX C The basic hourly wage rate for provisional, regulaz and probationary employees appointed to the foliowing classes shall be: Painter Lead Painter Effective Effective Effective 04/25/98 5/8/99 OS/Ol/00 (or closest pay period) $21.04 $ 21.65 $21.99 $22.60 The basic hourly wage rate for temporary employees appointed to the following classes sha11 be: Painter Lead Painter Effective Effective Effective 04/25/98 5/8/99 OS/Ol/00 (or closest pay period) $22.13 $ 22.77 $23.13 $23.77 * Effective 5/i(00 (or closest payroll period), there wili be an additional$1.19 per hour ittcrease added to the total package. The parties will agee prior to that date as to the distribution of the increase between wages and fringes. The basic hourly wage rate for temporary employees whose length of service and eamings require that they be subject to Public Employees Retirement Association contributions shall be the rate as shown in this Appendix "C" for provisional employees in such classes. In the event that the Urrion etects to have the friuge benefit contributions made by the Employer increased during the contract period, the basic hourly wage rates shall be reduced by the amount of such increase. -C1 - �q,�ea APPENDIX C (Continued) � When perfomiing the following types of work, the rnte of pay shall be seventy-five cents ($.75) per hour over the basic hourly wage rate for any class covered by this Agreement: Sandblasting, swing-stage work, erected structural steel skeleton work, all bridge work, all ea work where safety belt or window jacks are used, spray painting, for application of materials over 50% creosote, and for application of all two component epoay materials. T'he Employer agrees to pay $30.00 towazd the cost of a pair of safety shoes purchased by an employee who is a member of this unit. The Employer shall contribute towazd the cost of one pair of shoes per contract yeaz and shall not be responsible for any additional cost for any additional shoes thereafter. The reimbursement of $30.00 shall be made only after investigation and approval by the immediate supervisor of that employee. This $30.00 Employer contribution shall apply only to those employees who aze required by the Employer to weaz protective shoes. � U , -C2- � � APPENDIX D Effective May 8, 1999 the Employer shall: (1) contribute to a designated Health and Welfare/Dental Fund $3.00 per hour for all hours worked by employees covered by this Agreement. (2) contribute to a Pension Fund $4.75 per hour for all hours worked by employees covered by this Agreement. (3) deduct $1.50 per hour from which payroll deductions have been made for ail hours worked by empioyees covered by this Agreement, to a Vacation Fund. (4) deduct $.19 per hour from which payroll deductions have been made for all hours worked by employees covered by this Agreement to the Minnesota Conference of Painters and A11ied Trades. (5) contribute to an Apprenticeship Training Fund $.24 per hour for all hours worked by employees covered by this Agreement. • The EMPLOYER shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Employees covered by this Agreement shall not be governed by nor be eligible for, the accumulation of vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by Civil Service Rules, Council Ordinance or Council Resolution. The Employer's fringe benefit obligation to employees is limited to the contriburions 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 forwarded contributions and/or deductions. q� �' • - Dl- � APPENDIX A The classes of positions recognized by the Employer as being exclusively represented by the Union are as follows: Lead Painter Painter Apprentice and other classes of positions that may be established by the Employer where the duties and responsibilities assigned aze detemvned by the Bureau of Mediarion Services to be appropriately represented by this bargaining unit. • • -A1 - ,� � APPENDIX B • Duster Wall Scrapers Putty Knife Broad Knife Hammer Screw Drivers • -B1- ,. � n U • APPENDIX C The basic hourly wage rate for provisional, regulaz and probationary empioyees appointed to the following classes shall be: P31I1tC7 Lead Painter Effective Effective Effective 04/25/98 5/8/99 OS/Ol/00 (or closest pay period) $21.04 $ 21.65 $21.99 $22.60 The basic hourly wage rate for temporary employees appointed to the following classes shall be: Painter Lead Painter Effective Effective Effective 04/25/98 5/8/99 OS/Ol/00 (or closest pay period) $22.13 $ 22.77 $23.13 $23.77 * Effective 5/1/00 (or closest payroll period), there will be an additional$1.19 per hour increase added to the total package. The parties will agree prior to that date as to the distribution of the increase between wages and fringes. The basic hourly wage rate for temporary employees whose length of service and earnings require that they be subject to Public Employees Retirement Association contributions shall be the rate as shown in this Appendix "C" for provisional employees in such classes. In the event that the Union elects to have the fringe benefit contributions made by the Employer increased during the contract period, the basic hourly wage rates sha11 be reduced by the amount of such increase. - Cl - � � APPENDIX C (Continued) When performing the following types of work, the rate of pay shall be seventy-five cents ($.75) per hour over the basic hourly wage rate for any class covered by this Agreement: Sandblasting, swing-stage work, erected structiu�al steel skeleton work, all bridge work, all exterior work where safety belt or window jacks aze used, spray painting, for application of materials over 50% creosote, and for application of all two component epoxy materials. The Employer agrees to pay $30.00 towazd the cost of a pair of safety shoes purchased by an employee who is a member of this unit. The Employer shall contribute towazd the cost of one pair of shoes per contract yeaz and shall not be responsible for any additional cost for any additional shoes thereafter. The reimbursement of $30.00 shall be made only after investigation and approval by the immediate supervisor of that employee. This $30.00 Employer contribution shall apply only to those employees who aze required by the Employer to weaz protective shoes. r1 U • -C2- �� , � � APPENDIX D Effective May 8, 1999 the Employer shall: (1) contribute to a designated Health and Welfare/Dental Fund $3.00 per hour for all hours worked by employees covered by this Agreement. (2) contribute to a Pension Fund $4.75 per hour for all hours worked by employees covered by this Agreement. (3) deduct $1.50 per hour from which payroll deductions have been made for all hours worked by empioyees covered by this Agreement, to a Vacation Fund. (4) deduct $.19 per hour from which payroll deductions have been made for all hours worked by employees covered by this Agreement to the Minnesota Conference of Painters and Allied Trades. (5) contribute to an Apprenticeship Training Fund $.24 per hour for all hours worked by employees covered by this Agreement. The EMPLOYER sha11 establish Workers' Compensation and Unemployment Compensation � programs as required by Minnesota Statutes. Employees covered by this Agreement shall not be governed by nor be eligible for, the accuxnulation of vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that aze or may be established by Civil Service Rules, Council Ordinance or Council Resolution. The Employer's fringe benefit obligation to employees is limited to the contribudons 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 contributions and/or deductions. � - Dl- ORIG�NA� Presented Referred To 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, 2001 Maintenance Labor Agreement between the City of Saint Paul and Painters Local Union Local No. 61. Requested by Department o£ Office of Labor Relarions 1` ., . . � - , �► � ` � . • .. � - . . �� , _ - � � � � r- �- Council File # 9q - 4o Green Sheet # 64001 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � a By: _�_�� 1-- GLQ� "� Adopted by Council: Date c Adoption Certified by Council Secreta Form App v d by_City me B ��/ h� �' � i/ - 7 7 �{!�P � DEPARTMENT/OFFICE/COUNCIL: DATE INiTIATED GgEEN SHEET No.: 64001 OO LABOR RELATTONS July 30, 1999 �� CONTACI' PERSON & PHONE: q �TUUnATE jNiT�AUnATE JULIE KRAUS 266-6488 �n�IGN 1 DEPnx��MeN.I• D�x. � a ci� courtc�� NUMBER 2 CITY ATTORNEY CITY CLERK MUST BE ON COUNCIL AGENDA BY (DATEp FOR � BUDCiET DIR. FIN. � MGT. SERVICE DIR. ROUTING 3 MAYOR (OR ASST.) � ORDER TOTAL tt OF SIGNATIJRE PAGES_I (CLll' ALL LOCATIONS FOR SIGNAT�IRE) ncrtox xEQveszEn: This resolution approves the attached May 1, 1999 through Apri130, 2001 Maintenance Labor Agreement between the City of Saint Paul and Painters Local Union Local No. 61 RECOMMENDATIONS: Approve (A) or R ject (R) PERSONAL SERVICE CONTRACCS MUST ANSWER THE FOLLOWING QUESTIONS: PLANNING COMMISSION CIVIL SERVICE COMMISSION 1. Has this person/firtn ever worked under a contraa for this departrnentl CTB COMMII'I'EE Yes No STAFF , 2. Has this perSOtJfirtn ever been a city employee? DISTR[CT COURT Yes No � SUPPORTS WHICI-I COIINCIL OBJECT'IVE? 3. Does this person/fi`m possess a skill no[ normally possessed by any cutren[ city employee7 Yes No Explain all yes answers on separate sheet and attach to green shce[ INTfIA1TNG PROBLEM, ISSUE, OPPORT[JNI1'Y (Who, Whay When, Where, Why): ADVANTAGES IF APPROVED: DISADVANTAGESIFAYPROVED: DSSADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF'CRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION: (EXPLAIn� � nj O . P_1 . � _,.._ ,..... ,�_.._ . . �� Q - __ _ - � � �Q9' -. '� �.:. - � - �-� � �_ � � , _, �-., �� MAY �, i998. THRII APRti, �0, 200�': IYIAINT�NA1�tCE E,�B01� AGREEIVI�N� � ' ` -_ -, � - - j between , �: ; • , , ; ` f ; � �: _ TH�_ CI�� S�F S AINT : PAUL ? ;: _ � ,, , r � � , ,: �- -� � - . -: z � � 'dII[� � - - � " � <-' \ ry � � _. l -�� .. .. s .. �-. � '_ - I�T'��tI�TATIQNAL BR�THER.�OOD OF _ ``t PA�T'F�RS AND �LiED � � LOC1�I:61 � t� � - ^ _ , . �. �- � �- � � �. �� -,_ - `� _ �. ,, . . , � .,, � ,, . u, �., �: - � � � '�r INDEX • ARTICLE TTTLE 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 Hoursof Work ..............................................3 8 Overtime ..................................................4 9 CaIlBack/Ca11In ............................................4 10 Work Location ..............................................5 11 Wages .....................................................5 12 Fringe Benefits ..............................................5 13 Selection of Lead Painter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 14 Holidays ...................................................6 • 15 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 16 AbsencesFrom Work ........................................7 17 Seniority ...................................................8 18 Jurisdiction .................................................8 19 Separation .................................................9 20 Tools ....................................................10 21 Grievance Procedure ........................................10 22 Rightof Subcontract ........................................12 23 Nondiscrimination ..................... .................. ... 13 24 Severability ...............................................13 25 Waiver ...................................................13 26 City Mileage Pian ..........................................14 27 Durarion and Pledge .........................................15 AppendixA .............................................. A1 AppendixB .............................................. B1 AppendixC .............................................. Cl AppendixD .............................................. DI • , � PREAMBLE This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the Intemational Brotherhood of Painters and Allied Trades Loca161, hereinafter referred to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperarion. • 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 a11 levels of responsibility. Construcfive attitudes of the Employer, the Union, and the individual employees wiil best serve the needs of the general public. • ii �i��$�° Gq'`� r��iyc��xn:�z��y � 1.1 The Employer and the Union agree that the purpose for entering into this Ageement is to: 1.1(1) Aciueve orderly and peaceful relations, thereby establishing a system of uninterrupted opemtions and the highest level of employee performance that is consistent with the safety and well-being of all concemed; 1.1(2) Set forth rates of pay, hours of work, and other canditions of employment as have been agreed upon by the Employer and the Union; 1.1(3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Ag�eement without loss of productivity. 1.2 The Employer and the Union agee 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 legisiation, 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 (Severability). ARTICLE 2 - RECOGNITION • 2.1 The Employer recognizes the Union as the exclusive representative for collective bazgaining purposes for all personnel having an employment status of regulaz, probationary, provisional, and temporary employed in the classes defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-479-A dated April 17, 1973. 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 deterniine the utilization of technology; to establish and modify the organizational shuctiue; to select, direct, and determine the numbetof personnel; and to perform any inherent managerial function not specifically limited by this Agreement. 3.2 Any "term or condition of empioyment" not established by this Agreement shall remain with the Employer to eliminate, modify, or establish following written notification to the Union. -1- � ARTICLE 4 - iJNION RIGHTS 4.1 The Empioyer shall deduct from the wages of employees who authorize such a deduction • in writing an amount necessary to cover monthly Union dues. Such monies deducted shali be remitted as directed by the Union. 4.1(1) The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. 4.1(2) The Union shall indemnify and save harmtess the Employer &om any and all claims or charges made against the Employer as a result of the implementation of ttus Article. 4.2 1'he Union may designate one (i} employee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shail have the rights and responsibilities as designated in Article 21 (Cmevance Procedure). 43 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his designated representative shall be permitted to enter the facilities of the Empioyer where employees covered by this Agreement aze working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employmenY' defined by M.S. • 179.63, Subd. 18 for all employees exclusively represented by the Union. This Agreement shali supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following sepazation, in a regulaz employment status shall serve a oae (1) year probationary period during wluch time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.1(I) At any time dtuing the probation3ry period an employee may be terminated at the discretioa of the Employer without appeal to the provisions of Article 21 (Cttievance Procedure)- _2_ • �� . ARTICLE 6 - PROBATIONARY PERIODS (Continued) � 6.1(2) An empioyee terminated during the probationary period shali receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class stiall serve a six (6) month promotional probationary period during which time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.2(I) At any time during the promotional probationary period an employee may be demoted to the employee's previously held class at the discretion of the Employer without appeal to the provisions of Article 21 (Grievance Procedure). 6.2(2) An employee demoted during the promotional probationary period shall be returned to the employee's previousty hetd class and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7- HOURS OF WORK 7.I The normal work day shall be eight (8} consecurive hours per day, exctuding a thirty (30) minute lunch period between the hours of 6:00 a.m. and 6:00 p.m. . 7.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 7.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 7.4 This section shal] not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 7.5 All employees shall be at the location designated by theu supervisor, ready for work, at the established s4attiag time and shal] remaia at an assigaed wozk location until the end of the established work day unless otherwise directed by their supervisor. 7.6 All employees aze subject to call-back by the Employer as provided by Atticie 9(Call Back1Ca11 In). -3- • ARTICLE 7- HOURS OF WORK (Continned) 7.7 Employees reporting for work at the established starting time and for whom no work is � available shall receive pay for two (2} hours, at the basic hourly rate, uniess notification has been given not to report for work prior to leaving home, or during the previous work aay. ARTICLE 8 - OVERTIME 8.1 Time on the payrall in excess of the normal hours set forth above shall be"overtime work" and shail be done only by order of the head of the department. An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the Emgloyer. 8.2 The rate of one and one-half (I.5) the hourly rate shall be the overtime rate for work performed under the following circumstances: 8.2(1) Time worked in excess of eight (8) hours in any one normal work day and; 8.2(2) Time worked in excess of forty (40) hours in any work week. The time and one-half overtime rate shall be based on the total rate, inciuding any premium pay, being eamed during the overtime hours worked. 83 For the purpose of calculating overtime compensation overtime hours worked shall not be "pyramided", compounded, or paid twice for the same hours worked. ARTICLE 9- CALL BACK(CALL IN 9.1 The Employer retains the right to call in or cail back employees before an emgloyee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 9.2 Employees called in or called back shall receive a m;n,.r,um of four (4) hours s�traight time pay at the basic hoiuly rate, or shall be compensated in accordance with Articie 8 (Overtime) when applicable, whichever is greater. 9.2(1) Notwithstanding Article 9.1, employees called in four (4) hours or less prior to their normal work day shail complete the normal work day and be compensated on3y for the overtime hours worked in accordance with Article 8(Overtime}. i -4- • �l ARTICLE 10 - WORK LOCATION � 10.1 Employees shall report to work location as assigned by a designated Employer supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the Employer. ARTICLE 11 - WAGES I 1.1 The basic hour2y wage rates as established by Appendix C shali be paid for all hours worked by an employee. l 1.2 Regulaz, provisional and temporazy employees shall be compensated in accordance with Article I 1.1 (Wages) and have fringe benefit contributions andJor deductions made in their behalf as provided for by Article 12 (Fringe Benefits). ARTICLE 22 - FRINGE BENEFITS I2.1 The Employer shatI make contributions on behalf of and/or maice deductions from the wages of employees covered by this Agreement in accordance with Appendix D for all hours worked. C� ARTICLE 13 - SELECTION OF LEAD PAINTER 13.1 The selection of personnel for the class of Lead Painter shall remain solely with the Employer. 13.2 The class of Lead Painter shali be filled by empioyees of the bazgaining unit on a "temporary assignment". 13.3 AII "temporary assigaments" shall be made only at the direction of a designated Employer supervisor. � -5- ARTICLE 14 - HOLIDAYS 14.1 The following ten (10) days shall be designated as holidays: � New Year's Day, Januazy 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 Day after Thanksgiving, fourth Friday in November Veterans' Day,l3ovember 11 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 14.2 When New Yeaz's Day, Independence Day or Christmas Day falls on a Sunday, the foilowing Monday shali be considered the designated holiday. When any of these three (3) holidays falls on a Sahuday, the preceding Friday shall be considered the designated holidav. 14.3 The ten (10) holidays shall be considered non-work days. 14.4 If in the judgment of the Employer personnel aze necessary for operating or emergency • reasons, employees may be scheduled or "cailed in or called back" in accordance with Articie 9 (Call Back/Call In). 14.5 Employees assigned to work on Martin Luther King Day, Presidenu' Day, Day after Thanksgiving or Veterans' Day shall be compensated on a straight tune basis for such hours worked. 14.6 Empioyees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Chrisunas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. -6- • aR-$ u ARTICLE 15 - DISCIPLINARY PROCEDURES 15.1 The Employer shali have the right to impose discip2inary actions on employees for just cause. 15.2 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 aze suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Boazd of Review. The Civil Service Commission, or a designated Boazd 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 (Cmevance Procedure). ARTICLE 16 - ABSENCES FROM WORK 161 Employees who aze unable to repori 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 Disciplinary actions by the Employer sball include only the following actions: beginning of such work day. 16.2 Failure to make such notification may be grounds for discipline as provided in Article ] 5, (Disciplinary Procedutes). 16.3 Failure to report for work without notification for three (3) consecutive noimal work days may be considered by the Employer to be a"quit" on the part of the employee. -7- ARTICLE 17 - SENIORITY 17.1 Seniority, for the purposes of this Agreement, shall be defined as follows: � 17.1( i) "Master Seniority" - The length of continuous regulaz and probationary service with the Employer &om the last date of employment in any and all class tifles covered by this Agreement. 17.1(2) "Class Seniority" - The length of continuous regulaz and pmbationary service with the Employer from the date an employee was first appoiated to a class title coveted by this Agreement. 17.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirry (30) calendar days; is granted because of illness or injury; is grante� 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 terminate when an employee retires, resigns, or is discharged. 17.4 In the event it is detemuned by the Employer that it is necessary to reduce the work force, employees will be laid off by class tifle within each Department based on inverse length . of "Ciass Seniority". Empioyees laid off shall have the right to reinstatement in their Department to any previously held lower paid class title in this bazgaining unit, provided such employee has greater "Class Seniority" than the employee being replaced. 17.5 The selection of vacation periods shall be made by class tifle based on length of "Class Seniority", subject to the approvat of the Employer. ARTICLE 1 S - JURISDICTION 18.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate subject to determination by the various unions representing empioyees of the Employer. 18.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. _g_ • �� 1 ARTICLE 18 - NRISDICTION (Continued) � 18.3 In the event of a dispute conceming the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shali restrict the right of the Employer to accomplish the work as originally assigned pending reso2ution of the dispute or to restrict the Emgloyer's basic right to assign work. 18.4 Any emptoyee refusing to perform work assigned by the $mployer aad as clarified by Sections 18.2 and 183 above shall be subject to disciplinary action as provided in Article 15 (Disciplinary Procedures). 18.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. ARTICLE 19 - SEPARATION 19.1 Employees having a probationary or regulaz employment status shall be considered sepazated from employment based on the foilowing actions: 19.1(1) Resignation. Employeesresigningfrom • employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 19. I(2) Discharge. As provided in Article 15. 19.1(3) Failure to Report for Duty. As provided in Article 16. 19.2 Employees having temporary or provisional employment status may be terminated at the discretion of the Employer before the complerion of a normal work day. � -9- ARTICLE 20 - TOOLS 20.1 All employees shall 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 Steward selected in accordance with t3nion rules and regulations as the grievance representative of the bazgaining unit. The Union shall notify the Employer in writing of the name of the Steward 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 hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Stewazd invoived and a grieving empioyee 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 de�imental to the work programs of the Employer. 21.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as grovided by Article 153, for the processing • of grievances, which aze defined as an alleged violation of the terms and condirions 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 this Agreement, the emptoyee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the reHef requested. Any alleged viotation of the Ageement not reduced to writing by the Union within seven (7) catendar days of the fizst occuaence of the event giving rise W the grievance or within the use of reasonable diligence should have had kaowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. -10- • •� ;►► ARTICLE 21 - GRIEVANCE PROCEDURE (Coatinned) � Step 2. Within seven (7) calendaz days after receiving the written grievance a designated Employer supervisor shatl meet with the Union Stewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 svithin seven (7) catendar days following receipt of the Employer's written answer. Any grievance not refeaed in writing by the Union within seven (7) caleadar days following receipt of the Employer's answer shall be considered waived. Step 3. Within seven (� calendar days following receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) catendar days fotlowing this meeting the Employer shall reply in writing to the Union stating the Employer's answer conceming the grievance. If, as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred to in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. • Step 4. If the grievance remains unresolved, the Union may wittvn seven (7) calendaz days after the response of the Employer in Step 3, by written notice to the Employer, request azbitration of the grievance. The azbitration proceedings shall be conducted by an azbitrator to be selected by mutual agreement of the EmpIoyer and the Union within seven (7} calendaz days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relation Board to submit a panel of five (5) arbitrators. Both the EmpIoyer and the Union shait have tfie right to strike two (2) names from the panel. The Union shall strilce the first (1 st) name; the Employer shall then strike one (1) name. The process wili be repeated and the remaiaing person shall be the arbitrator. -11- • ARTICLE 21 - GRIEVANCE PROCEDURE (Continued) 21.5 The azbitrator shall have no right to amend, modify, nullify, ignore, add to, or subttact 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 aot so submitted. The arbitrator shall be without power to make decisions contiary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing wit}�in thirry (30) days following close of the hearing or the submission of briefs by the patties, whichever be later, unless the parties agree to an eartension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Ageement and to the facts of the grievance presented. The decision of the azbi�ator shall be final and binding on the Employer, the Union and the employees. � 21.6 The fees and expenses for the arbitrator's services and proceediags shall be borne equally by the Employer and the Union, provided ihat each pazty shall be responsible for compensating its own representative and witnesses. If either party cancels an azbitration hearing or asks for a last minute postponement that leads to the azbitrators making a chazge, the canceling party or the party asking for the postponement shall pay this charge. If either party desires a verbatim record of the proceediags, 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. ARTICLE 22 - RIGHT OF SUBCONTRACT 22.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of the work force covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the intention to sub-contract 22.2 The sub-contracting of work done by the employees covered by this Agreement shall in all cases be made only to empioyers who qualify in accordance with Ordinance No. 14013. _ 12 . �� •�I ARTICLE 23 - NONDISCRIMINATION � 23.1 The terms and conditions of this Agreement will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, disability or because of inembership or nonmembership in the Union. 23.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities iavolve other employees and the generat public. ARTICLE 24 - SEVERABILITY 24.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administntive, or judicial authority from whose finding, deternunation, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in fiill force and effect. 24.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative, or judicial determination. ARTICLE 25 - WAIVER • 25.1 The Empioyer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right aze fuliy and completely set forth in this Agreement. 25.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or conditions of employment whether specificatly covered or not specifically covered by tlus Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 25.3 Any and atl prior ordinances, agreements, resolutions, pracrices, policies, and rules or regulations regarding the terms and conditions of employment, to the ea�tent they are inconsistent with ttris Agreement, are hereby superseded. -13- • 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 duties, the following provisions are adopted. 26.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization &om the Depaztment Head. Type 1. If an employee is required to use his/her own sutomobIle 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 performing 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 or desigiated representative determines that an employer vehicle is available for the employee's use but the employee desires to use lus/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. Type 2. If an employee is required to use his/her own autoaiobile REGULARLY • during employment, the employee sball be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 mile for each mile actuaily driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines thai 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. -14- . �� t�� ARTICLE 26 - CITY MILEAGE (Continued) � 263 The City will provide pazking at the Civic Center Parking Ramp for City employees on either of the above menrioned types of reimbursement plans who aze required to have their personal caz available for City business. Such pazkiag will be provided only for the days the emptoyee is required to have iris ar her own personai car available. 26.4 Rules and Regulations: The Mayor shall adopt ntles and regulations goveming the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and fiuther require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personat injury, and $25,000 for properiy damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint PauI named as an additional insured. These rutes and regulations, together with the amendment thereto, shall be maintained on file with the City Clerk. ARTICLE 27 - DURATION AND PLEDGE 27.1 Except as herein provided, this Agreement shatl be effective as of the date it is executed by the parties and shall continue in full force and effect through Apri130, 2001 and � thereafter until modified or amended by mutual agreement of the parties. If either party desires to terminate or modify this Agreement, effective as of the date of expirarion, the party wishing to modify or terminate the Agreement shall give written notice to the other party, not more than ninety (90) or Iess than sixty (60) caiendar days prior to the expiration date, provided, that the Agreement may only be so terminated or modified effective as ofthe expiration date. 27.2 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: -15- • c�q-$ob � ARTICLE 27 - DURATION AND PLEDGE (Continued) 27.2(1) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfuliy absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, £aithful performance of their duties of employment. 27.2(2) The Employer wiil not engage in, insfigate, or condone any lock-out of employees. 27.2(3) This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subj ect to the approval of the Administration of the City, the City Council and is also subject to ratification by the Union. • • AGREED to this (� th day of August, 1999 and attested to as the full and complete understanding of the parties for the period of tnne herein specified by the signature of the following representaYive for the Employer and the Union: WITNESSES: OF SAINT PAUL ��;� �- � Jo eid� Director of Financial Services INTERNATIONAL BROTHERHOOD OF CITY PAINTERS & ALLIED TRADES, LOCAL 61 . �� Dan Fleischhacker '� � '� Business Manager -16- �� i► � APPENDIX A The classes of posirions recognized by the Employer as being exclusively represented by the Union are as follocvs: Lead Painter Painter Apprentice and other classes of posirions that may be established by the Employer where the duties and responsibilities assigned ate deternvned tay the Bureau of Mediation Services to be appropriately represented by this bargainuig unit. u • - A1 - ,� �� APPENDIX B • Duster Wall Scrapers Putty Knife Broad Knife Han�er Screw Drivers � -Bl- I �� • � APPENDIX C The basic hourly wage rate for provisional, regulaz and probationary employees appointed to the foliowing classes shall be: Painter Lead Painter Effective Effective Effective 04/25/98 5/8/99 OS/Ol/00 (or closest pay period) $21.04 $ 21.65 $21.99 $22.60 The basic hourly wage rate for temporary employees appointed to the following classes sha11 be: Painter Lead Painter Effective Effective Effective 04/25/98 5/8/99 OS/Ol/00 (or closest pay period) $22.13 $ 22.77 $23.13 $23.77 * Effective 5/i(00 (or closest payroll period), there wili be an additional$1.19 per hour ittcrease added to the total package. The parties will agee prior to that date as to the distribution of the increase between wages and fringes. The basic hourly wage rate for temporary employees whose length of service and eamings require that they be subject to Public Employees Retirement Association contributions shall be the rate as shown in this Appendix "C" for provisional employees in such classes. In the event that the Urrion etects to have the friuge benefit contributions made by the Employer increased during the contract period, the basic hourly wage rates shall be reduced by the amount of such increase. -C1 - �q,�ea APPENDIX C (Continued) � When perfomiing the following types of work, the rnte of pay shall be seventy-five cents ($.75) per hour over the basic hourly wage rate for any class covered by this Agreement: Sandblasting, swing-stage work, erected structural steel skeleton work, all bridge work, all ea work where safety belt or window jacks are used, spray painting, for application of materials over 50% creosote, and for application of all two component epoay materials. T'he Employer agrees to pay $30.00 towazd the cost of a pair of safety shoes purchased by an employee who is a member of this unit. The Employer shall contribute towazd the cost of one pair of shoes per contract yeaz and shall not be responsible for any additional cost for any additional shoes thereafter. The reimbursement of $30.00 shall be made only after investigation and approval by the immediate supervisor of that employee. This $30.00 Employer contribution shall apply only to those employees who aze required by the Employer to weaz protective shoes. � U , -C2- � � APPENDIX D Effective May 8, 1999 the Employer shall: (1) contribute to a designated Health and Welfare/Dental Fund $3.00 per hour for all hours worked by employees covered by this Agreement. (2) contribute to a Pension Fund $4.75 per hour for all hours worked by employees covered by this Agreement. (3) deduct $1.50 per hour from which payroll deductions have been made for ail hours worked by empioyees covered by this Agreement, to a Vacation Fund. (4) deduct $.19 per hour from which payroll deductions have been made for all hours worked by employees covered by this Agreement to the Minnesota Conference of Painters and A11ied Trades. (5) contribute to an Apprenticeship Training Fund $.24 per hour for all hours worked by employees covered by this Agreement. • The EMPLOYER shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Employees covered by this Agreement shall not be governed by nor be eligible for, the accumulation of vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by Civil Service Rules, Council Ordinance or Council Resolution. The Employer's fringe benefit obligation to employees is limited to the contriburions 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 forwarded contributions and/or deductions. q� �' • - Dl- � APPENDIX A The classes of positions recognized by the Employer as being exclusively represented by the Union are as follows: Lead Painter Painter Apprentice and other classes of positions that may be established by the Employer where the duties and responsibilities assigned aze detemvned by the Bureau of Mediarion Services to be appropriately represented by this bargaining unit. • • -A1 - ,� � APPENDIX B • Duster Wall Scrapers Putty Knife Broad Knife Hammer Screw Drivers • -B1- ,. � n U • APPENDIX C The basic hourly wage rate for provisional, regulaz and probationary empioyees appointed to the following classes shall be: P31I1tC7 Lead Painter Effective Effective Effective 04/25/98 5/8/99 OS/Ol/00 (or closest pay period) $21.04 $ 21.65 $21.99 $22.60 The basic hourly wage rate for temporary employees appointed to the following classes shall be: Painter Lead Painter Effective Effective Effective 04/25/98 5/8/99 OS/Ol/00 (or closest pay period) $22.13 $ 22.77 $23.13 $23.77 * Effective 5/1/00 (or closest payroll period), there will be an additional$1.19 per hour increase added to the total package. The parties will agree prior to that date as to the distribution of the increase between wages and fringes. The basic hourly wage rate for temporary employees whose length of service and earnings require that they be subject to Public Employees Retirement Association contributions shall be the rate as shown in this Appendix "C" for provisional employees in such classes. In the event that the Union elects to have the fringe benefit contributions made by the Employer increased during the contract period, the basic hourly wage rates sha11 be reduced by the amount of such increase. - Cl - � � APPENDIX C (Continued) When performing the following types of work, the rate of pay shall be seventy-five cents ($.75) per hour over the basic hourly wage rate for any class covered by this Agreement: Sandblasting, swing-stage work, erected structiu�al steel skeleton work, all bridge work, all exterior work where safety belt or window jacks aze used, spray painting, for application of materials over 50% creosote, and for application of all two component epoxy materials. The Employer agrees to pay $30.00 towazd the cost of a pair of safety shoes purchased by an employee who is a member of this unit. The Employer shall contribute towazd the cost of one pair of shoes per contract yeaz and shall not be responsible for any additional cost for any additional shoes thereafter. The reimbursement of $30.00 shall be made only after investigation and approval by the immediate supervisor of that employee. This $30.00 Employer contribution shall apply only to those employees who aze required by the Employer to weaz protective shoes. r1 U • -C2- �� , � � APPENDIX D Effective May 8, 1999 the Employer shall: (1) contribute to a designated Health and Welfare/Dental Fund $3.00 per hour for all hours worked by employees covered by this Agreement. (2) contribute to a Pension Fund $4.75 per hour for all hours worked by employees covered by this Agreement. (3) deduct $1.50 per hour from which payroll deductions have been made for all hours worked by empioyees covered by this Agreement, to a Vacation Fund. (4) deduct $.19 per hour from which payroll deductions have been made for all hours worked by employees covered by this Agreement to the Minnesota Conference of Painters and Allied Trades. (5) contribute to an Apprenticeship Training Fund $.24 per hour for all hours worked by employees covered by this Agreement. The EMPLOYER sha11 establish Workers' Compensation and Unemployment Compensation � programs as required by Minnesota Statutes. Employees covered by this Agreement shall not be governed by nor be eligible for, the accuxnulation of vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that aze or may be established by Civil Service Rules, Council Ordinance or Council Resolution. The Employer's fringe benefit obligation to employees is limited to the contribudons 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 contributions and/or deductions. � - Dl- ORIG�NA� Presented Referred To 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, 2001 Maintenance Labor Agreement between the City of Saint Paul and Painters Local Union Local No. 61. Requested by Department o£ Office of Labor Relarions 1` ., . . � - , �► � ` � . • .. � - . . �� , _ - � � � � r- �- Council File # 9q - 4o Green Sheet # 64001 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � a By: _�_�� 1-- GLQ� "� Adopted by Council: Date c Adoption Certified by Council Secreta Form App v d by_City me B ��/ h� �' � i/ - 7 7 �{!�P � DEPARTMENT/OFFICE/COUNCIL: DATE INiTIATED GgEEN SHEET No.: 64001 OO LABOR RELATTONS July 30, 1999 �� CONTACI' PERSON & PHONE: q �TUUnATE jNiT�AUnATE JULIE KRAUS 266-6488 �n�IGN 1 DEPnx��MeN.I• D�x. � a ci� courtc�� NUMBER 2 CITY ATTORNEY CITY CLERK MUST BE ON COUNCIL AGENDA BY (DATEp FOR � BUDCiET DIR. FIN. � MGT. SERVICE DIR. ROUTING 3 MAYOR (OR ASST.) � ORDER TOTAL tt OF SIGNATIJRE PAGES_I (CLll' ALL LOCATIONS FOR SIGNAT�IRE) ncrtox xEQveszEn: This resolution approves the attached May 1, 1999 through Apri130, 2001 Maintenance Labor Agreement between the City of Saint Paul and Painters Local Union Local No. 61 RECOMMENDATIONS: Approve (A) or R ject (R) PERSONAL SERVICE CONTRACCS MUST ANSWER THE FOLLOWING QUESTIONS: PLANNING COMMISSION CIVIL SERVICE COMMISSION 1. Has this person/firtn ever worked under a contraa for this departrnentl CTB COMMII'I'EE Yes No STAFF , 2. Has this perSOtJfirtn ever been a city employee? DISTR[CT COURT Yes No � SUPPORTS WHICI-I COIINCIL OBJECT'IVE? 3. Does this person/fi`m possess a skill no[ normally possessed by any cutren[ city employee7 Yes No Explain all yes answers on separate sheet and attach to green shce[ INTfIA1TNG PROBLEM, ISSUE, OPPORT[JNI1'Y (Who, Whay When, Where, Why): ADVANTAGES IF APPROVED: DISADVANTAGESIFAYPROVED: DSSADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF'CRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION: (EXPLAIn� � nj O . P_1 . � _,.._ ,..... ,�_.._ . . �� Q - __ _ - � � �Q9' -. '� �.:. - � - �-� � �_ � � , _, �-., �� MAY �, i998. THRII APRti, �0, 200�': IYIAINT�NA1�tCE E,�B01� AGREEIVI�N� � ' ` -_ -, � - - j between , �: ; • , , ; ` f ; � �: _ TH�_ CI�� S�F S AINT : PAUL ? ;: _ � ,, , r � � , ,: �- -� � - . -: z � � 'dII[� � - - � " � <-' \ ry � � _. l -�� .. .. s .. �-. � '_ - I�T'��tI�TATIQNAL BR�THER.�OOD OF _ ``t PA�T'F�RS AND �LiED � � LOC1�I:61 � t� � - ^ _ , . �. �- � �- � � �. �� -,_ - `� _ �. ,, . . , � .,, � ,, . u, �., �: - � � � '�r INDEX • ARTICLE TTTLE 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 Hoursof Work ..............................................3 8 Overtime ..................................................4 9 CaIlBack/Ca11In ............................................4 10 Work Location ..............................................5 11 Wages .....................................................5 12 Fringe Benefits ..............................................5 13 Selection of Lead Painter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 14 Holidays ...................................................6 • 15 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 16 AbsencesFrom Work ........................................7 17 Seniority ...................................................8 18 Jurisdiction .................................................8 19 Separation .................................................9 20 Tools ....................................................10 21 Grievance Procedure ........................................10 22 Rightof Subcontract ........................................12 23 Nondiscrimination ..................... .................. ... 13 24 Severability ...............................................13 25 Waiver ...................................................13 26 City Mileage Pian ..........................................14 27 Durarion and Pledge .........................................15 AppendixA .............................................. A1 AppendixB .............................................. B1 AppendixC .............................................. Cl AppendixD .............................................. DI • , � PREAMBLE This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the Intemational Brotherhood of Painters and Allied Trades Loca161, hereinafter referred to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperarion. • 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 a11 levels of responsibility. Construcfive attitudes of the Employer, the Union, and the individual employees wiil best serve the needs of the general public. • ii �i��$�° Gq'`� r��iyc��xn:�z��y � 1.1 The Employer and the Union agree that the purpose for entering into this Ageement is to: 1.1(1) Aciueve orderly and peaceful relations, thereby establishing a system of uninterrupted opemtions and the highest level of employee performance that is consistent with the safety and well-being of all concemed; 1.1(2) Set forth rates of pay, hours of work, and other canditions of employment as have been agreed upon by the Employer and the Union; 1.1(3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Ag�eement without loss of productivity. 1.2 The Employer and the Union agee 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 legisiation, 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 (Severability). ARTICLE 2 - RECOGNITION • 2.1 The Employer recognizes the Union as the exclusive representative for collective bazgaining purposes for all personnel having an employment status of regulaz, probationary, provisional, and temporary employed in the classes defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-479-A dated April 17, 1973. 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 deterniine the utilization of technology; to establish and modify the organizational shuctiue; to select, direct, and determine the numbetof personnel; and to perform any inherent managerial function not specifically limited by this Agreement. 3.2 Any "term or condition of empioyment" not established by this Agreement shall remain with the Employer to eliminate, modify, or establish following written notification to the Union. -1- � ARTICLE 4 - iJNION RIGHTS 4.1 The Empioyer shall deduct from the wages of employees who authorize such a deduction • in writing an amount necessary to cover monthly Union dues. Such monies deducted shali be remitted as directed by the Union. 4.1(1) The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. 4.1(2) The Union shall indemnify and save harmtess the Employer &om any and all claims or charges made against the Employer as a result of the implementation of ttus Article. 4.2 1'he Union may designate one (i} employee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shail have the rights and responsibilities as designated in Article 21 (Cmevance Procedure). 43 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his designated representative shall be permitted to enter the facilities of the Empioyer where employees covered by this Agreement aze working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employmenY' defined by M.S. • 179.63, Subd. 18 for all employees exclusively represented by the Union. This Agreement shali supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following sepazation, in a regulaz employment status shall serve a oae (1) year probationary period during wluch time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.1(I) At any time dtuing the probation3ry period an employee may be terminated at the discretioa of the Employer without appeal to the provisions of Article 21 (Cttievance Procedure)- _2_ • �� . ARTICLE 6 - PROBATIONARY PERIODS (Continued) � 6.1(2) An empioyee terminated during the probationary period shali receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class stiall serve a six (6) month promotional probationary period during which time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.2(I) At any time during the promotional probationary period an employee may be demoted to the employee's previously held class at the discretion of the Employer without appeal to the provisions of Article 21 (Grievance Procedure). 6.2(2) An employee demoted during the promotional probationary period shall be returned to the employee's previousty hetd class and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7- HOURS OF WORK 7.I The normal work day shall be eight (8} consecurive hours per day, exctuding a thirty (30) minute lunch period between the hours of 6:00 a.m. and 6:00 p.m. . 7.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 7.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 7.4 This section shal] not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 7.5 All employees shall be at the location designated by theu supervisor, ready for work, at the established s4attiag time and shal] remaia at an assigaed wozk location until the end of the established work day unless otherwise directed by their supervisor. 7.6 All employees aze subject to call-back by the Employer as provided by Atticie 9(Call Back1Ca11 In). -3- • ARTICLE 7- HOURS OF WORK (Continned) 7.7 Employees reporting for work at the established starting time and for whom no work is � available shall receive pay for two (2} hours, at the basic hourly rate, uniess notification has been given not to report for work prior to leaving home, or during the previous work aay. ARTICLE 8 - OVERTIME 8.1 Time on the payrall in excess of the normal hours set forth above shall be"overtime work" and shail be done only by order of the head of the department. An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the Emgloyer. 8.2 The rate of one and one-half (I.5) the hourly rate shall be the overtime rate for work performed under the following circumstances: 8.2(1) Time worked in excess of eight (8) hours in any one normal work day and; 8.2(2) Time worked in excess of forty (40) hours in any work week. The time and one-half overtime rate shall be based on the total rate, inciuding any premium pay, being eamed during the overtime hours worked. 83 For the purpose of calculating overtime compensation overtime hours worked shall not be "pyramided", compounded, or paid twice for the same hours worked. ARTICLE 9- CALL BACK(CALL IN 9.1 The Employer retains the right to call in or cail back employees before an emgloyee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 9.2 Employees called in or called back shall receive a m;n,.r,um of four (4) hours s�traight time pay at the basic hoiuly rate, or shall be compensated in accordance with Articie 8 (Overtime) when applicable, whichever is greater. 9.2(1) Notwithstanding Article 9.1, employees called in four (4) hours or less prior to their normal work day shail complete the normal work day and be compensated on3y for the overtime hours worked in accordance with Article 8(Overtime}. i -4- • �l ARTICLE 10 - WORK LOCATION � 10.1 Employees shall report to work location as assigned by a designated Employer supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the Employer. ARTICLE 11 - WAGES I 1.1 The basic hour2y wage rates as established by Appendix C shali be paid for all hours worked by an employee. l 1.2 Regulaz, provisional and temporazy employees shall be compensated in accordance with Article I 1.1 (Wages) and have fringe benefit contributions andJor deductions made in their behalf as provided for by Article 12 (Fringe Benefits). ARTICLE 22 - FRINGE BENEFITS I2.1 The Employer shatI make contributions on behalf of and/or maice deductions from the wages of employees covered by this Agreement in accordance with Appendix D for all hours worked. C� ARTICLE 13 - SELECTION OF LEAD PAINTER 13.1 The selection of personnel for the class of Lead Painter shall remain solely with the Employer. 13.2 The class of Lead Painter shali be filled by empioyees of the bazgaining unit on a "temporary assignment". 13.3 AII "temporary assigaments" shall be made only at the direction of a designated Employer supervisor. � -5- ARTICLE 14 - HOLIDAYS 14.1 The following ten (10) days shall be designated as holidays: � New Year's Day, Januazy 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 Day after Thanksgiving, fourth Friday in November Veterans' Day,l3ovember 11 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 14.2 When New Yeaz's Day, Independence Day or Christmas Day falls on a Sunday, the foilowing Monday shali be considered the designated holiday. When any of these three (3) holidays falls on a Sahuday, the preceding Friday shall be considered the designated holidav. 14.3 The ten (10) holidays shall be considered non-work days. 14.4 If in the judgment of the Employer personnel aze necessary for operating or emergency • reasons, employees may be scheduled or "cailed in or called back" in accordance with Articie 9 (Call Back/Call In). 14.5 Employees assigned to work on Martin Luther King Day, Presidenu' Day, Day after Thanksgiving or Veterans' Day shall be compensated on a straight tune basis for such hours worked. 14.6 Empioyees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Chrisunas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. -6- • aR-$ u ARTICLE 15 - DISCIPLINARY PROCEDURES 15.1 The Employer shali have the right to impose discip2inary actions on employees for just cause. 15.2 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 aze suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Boazd of Review. The Civil Service Commission, or a designated Boazd 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 (Cmevance Procedure). ARTICLE 16 - ABSENCES FROM WORK 161 Employees who aze unable to repori 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 Disciplinary actions by the Employer sball include only the following actions: beginning of such work day. 16.2 Failure to make such notification may be grounds for discipline as provided in Article ] 5, (Disciplinary Procedutes). 16.3 Failure to report for work without notification for three (3) consecutive noimal work days may be considered by the Employer to be a"quit" on the part of the employee. -7- ARTICLE 17 - SENIORITY 17.1 Seniority, for the purposes of this Agreement, shall be defined as follows: � 17.1( i) "Master Seniority" - The length of continuous regulaz and probationary service with the Employer &om the last date of employment in any and all class tifles covered by this Agreement. 17.1(2) "Class Seniority" - The length of continuous regulaz and pmbationary service with the Employer from the date an employee was first appoiated to a class title coveted by this Agreement. 17.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirry (30) calendar days; is granted because of illness or injury; is grante� 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 terminate when an employee retires, resigns, or is discharged. 17.4 In the event it is detemuned by the Employer that it is necessary to reduce the work force, employees will be laid off by class tifle within each Department based on inverse length . of "Ciass Seniority". Empioyees laid off shall have the right to reinstatement in their Department to any previously held lower paid class title in this bazgaining unit, provided such employee has greater "Class Seniority" than the employee being replaced. 17.5 The selection of vacation periods shall be made by class tifle based on length of "Class Seniority", subject to the approvat of the Employer. ARTICLE 1 S - JURISDICTION 18.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate subject to determination by the various unions representing empioyees of the Employer. 18.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. _g_ • �� 1 ARTICLE 18 - NRISDICTION (Continued) � 18.3 In the event of a dispute conceming the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shali restrict the right of the Employer to accomplish the work as originally assigned pending reso2ution of the dispute or to restrict the Emgloyer's basic right to assign work. 18.4 Any emptoyee refusing to perform work assigned by the $mployer aad as clarified by Sections 18.2 and 183 above shall be subject to disciplinary action as provided in Article 15 (Disciplinary Procedures). 18.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. ARTICLE 19 - SEPARATION 19.1 Employees having a probationary or regulaz employment status shall be considered sepazated from employment based on the foilowing actions: 19.1(1) Resignation. Employeesresigningfrom • employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 19. I(2) Discharge. As provided in Article 15. 19.1(3) Failure to Report for Duty. As provided in Article 16. 19.2 Employees having temporary or provisional employment status may be terminated at the discretion of the Employer before the complerion of a normal work day. � -9- ARTICLE 20 - TOOLS 20.1 All employees shall 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 Steward selected in accordance with t3nion rules and regulations as the grievance representative of the bazgaining unit. The Union shall notify the Employer in writing of the name of the Steward 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 hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Stewazd invoived and a grieving empioyee 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 de�imental to the work programs of the Employer. 21.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as grovided by Article 153, for the processing • of grievances, which aze defined as an alleged violation of the terms and condirions 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 this Agreement, the emptoyee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the reHef requested. Any alleged viotation of the Ageement not reduced to writing by the Union within seven (7) catendar days of the fizst occuaence of the event giving rise W the grievance or within the use of reasonable diligence should have had kaowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. -10- • •� ;►► ARTICLE 21 - GRIEVANCE PROCEDURE (Coatinned) � Step 2. Within seven (7) calendaz days after receiving the written grievance a designated Employer supervisor shatl meet with the Union Stewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 svithin seven (7) catendar days following receipt of the Employer's written answer. Any grievance not refeaed in writing by the Union within seven (7) caleadar days following receipt of the Employer's answer shall be considered waived. Step 3. Within seven (� calendar days following receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) catendar days fotlowing this meeting the Employer shall reply in writing to the Union stating the Employer's answer conceming the grievance. If, as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred to in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. • Step 4. If the grievance remains unresolved, the Union may wittvn seven (7) calendaz days after the response of the Employer in Step 3, by written notice to the Employer, request azbitration of the grievance. The azbitration proceedings shall be conducted by an azbitrator to be selected by mutual agreement of the EmpIoyer and the Union within seven (7} calendaz days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relation Board to submit a panel of five (5) arbitrators. Both the EmpIoyer and the Union shait have tfie right to strike two (2) names from the panel. The Union shall strilce the first (1 st) name; the Employer shall then strike one (1) name. The process wili be repeated and the remaiaing person shall be the arbitrator. -11- • ARTICLE 21 - GRIEVANCE PROCEDURE (Continued) 21.5 The azbitrator shall have no right to amend, modify, nullify, ignore, add to, or subttact 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 aot so submitted. The arbitrator shall be without power to make decisions contiary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing wit}�in thirry (30) days following close of the hearing or the submission of briefs by the patties, whichever be later, unless the parties agree to an eartension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Ageement and to the facts of the grievance presented. The decision of the azbi�ator shall be final and binding on the Employer, the Union and the employees. � 21.6 The fees and expenses for the arbitrator's services and proceediags shall be borne equally by the Employer and the Union, provided ihat each pazty shall be responsible for compensating its own representative and witnesses. If either party cancels an azbitration hearing or asks for a last minute postponement that leads to the azbitrators making a chazge, the canceling party or the party asking for the postponement shall pay this charge. If either party desires a verbatim record of the proceediags, 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. ARTICLE 22 - RIGHT OF SUBCONTRACT 22.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of the work force covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the intention to sub-contract 22.2 The sub-contracting of work done by the employees covered by this Agreement shall in all cases be made only to empioyers who qualify in accordance with Ordinance No. 14013. _ 12 . �� •�I ARTICLE 23 - NONDISCRIMINATION � 23.1 The terms and conditions of this Agreement will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, disability or because of inembership or nonmembership in the Union. 23.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities iavolve other employees and the generat public. ARTICLE 24 - SEVERABILITY 24.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administntive, or judicial authority from whose finding, deternunation, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in fiill force and effect. 24.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative, or judicial determination. ARTICLE 25 - WAIVER • 25.1 The Empioyer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right aze fuliy and completely set forth in this Agreement. 25.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or conditions of employment whether specificatly covered or not specifically covered by tlus Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 25.3 Any and atl prior ordinances, agreements, resolutions, pracrices, policies, and rules or regulations regarding the terms and conditions of employment, to the ea�tent they are inconsistent with ttris Agreement, are hereby superseded. -13- • 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 duties, the following provisions are adopted. 26.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization &om the Depaztment Head. Type 1. If an employee is required to use his/her own sutomobIle 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 performing 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 or desigiated representative determines that an employer vehicle is available for the employee's use but the employee desires to use lus/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. Type 2. If an employee is required to use his/her own autoaiobile REGULARLY • during employment, the employee sball be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 mile for each mile actuaily driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines thai 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. -14- . �� t�� ARTICLE 26 - CITY MILEAGE (Continued) � 263 The City will provide pazking at the Civic Center Parking Ramp for City employees on either of the above menrioned types of reimbursement plans who aze required to have their personal caz available for City business. Such pazkiag will be provided only for the days the emptoyee is required to have iris ar her own personai car available. 26.4 Rules and Regulations: The Mayor shall adopt ntles and regulations goveming the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and fiuther require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personat injury, and $25,000 for properiy damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint PauI named as an additional insured. These rutes and regulations, together with the amendment thereto, shall be maintained on file with the City Clerk. ARTICLE 27 - DURATION AND PLEDGE 27.1 Except as herein provided, this Agreement shatl be effective as of the date it is executed by the parties and shall continue in full force and effect through Apri130, 2001 and � thereafter until modified or amended by mutual agreement of the parties. If either party desires to terminate or modify this Agreement, effective as of the date of expirarion, the party wishing to modify or terminate the Agreement shall give written notice to the other party, not more than ninety (90) or Iess than sixty (60) caiendar days prior to the expiration date, provided, that the Agreement may only be so terminated or modified effective as ofthe expiration date. 27.2 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: -15- • c�q-$ob � ARTICLE 27 - DURATION AND PLEDGE (Continued) 27.2(1) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfuliy absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, £aithful performance of their duties of employment. 27.2(2) The Employer wiil not engage in, insfigate, or condone any lock-out of employees. 27.2(3) This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subj ect to the approval of the Administration of the City, the City Council and is also subject to ratification by the Union. • • AGREED to this (� th day of August, 1999 and attested to as the full and complete understanding of the parties for the period of tnne herein specified by the signature of the following representaYive for the Employer and the Union: WITNESSES: OF SAINT PAUL ��;� �- � Jo eid� Director of Financial Services INTERNATIONAL BROTHERHOOD OF CITY PAINTERS & ALLIED TRADES, LOCAL 61 . �� Dan Fleischhacker '� � '� Business Manager -16- �� i► � APPENDIX A The classes of posirions recognized by the Employer as being exclusively represented by the Union are as follocvs: Lead Painter Painter Apprentice and other classes of posirions that may be established by the Employer where the duties and responsibilities assigned ate deternvned tay the Bureau of Mediation Services to be appropriately represented by this bargainuig unit. u • - A1 - ,� �� APPENDIX B • Duster Wall Scrapers Putty Knife Broad Knife Han�er Screw Drivers � -Bl- I �� • � APPENDIX C The basic hourly wage rate for provisional, regulaz and probationary employees appointed to the foliowing classes shall be: Painter Lead Painter Effective Effective Effective 04/25/98 5/8/99 OS/Ol/00 (or closest pay period) $21.04 $ 21.65 $21.99 $22.60 The basic hourly wage rate for temporary employees appointed to the following classes sha11 be: Painter Lead Painter Effective Effective Effective 04/25/98 5/8/99 OS/Ol/00 (or closest pay period) $22.13 $ 22.77 $23.13 $23.77 * Effective 5/i(00 (or closest payroll period), there wili be an additional$1.19 per hour ittcrease added to the total package. The parties will agee prior to that date as to the distribution of the increase between wages and fringes. The basic hourly wage rate for temporary employees whose length of service and eamings require that they be subject to Public Employees Retirement Association contributions shall be the rate as shown in this Appendix "C" for provisional employees in such classes. In the event that the Urrion etects to have the friuge benefit contributions made by the Employer increased during the contract period, the basic hourly wage rates shall be reduced by the amount of such increase. -C1 - �q,�ea APPENDIX C (Continued) � When perfomiing the following types of work, the rnte of pay shall be seventy-five cents ($.75) per hour over the basic hourly wage rate for any class covered by this Agreement: Sandblasting, swing-stage work, erected structural steel skeleton work, all bridge work, all ea work where safety belt or window jacks are used, spray painting, for application of materials over 50% creosote, and for application of all two component epoay materials. T'he Employer agrees to pay $30.00 towazd the cost of a pair of safety shoes purchased by an employee who is a member of this unit. The Employer shall contribute towazd the cost of one pair of shoes per contract yeaz and shall not be responsible for any additional cost for any additional shoes thereafter. The reimbursement of $30.00 shall be made only after investigation and approval by the immediate supervisor of that employee. This $30.00 Employer contribution shall apply only to those employees who aze required by the Employer to weaz protective shoes. � U , -C2- � � APPENDIX D Effective May 8, 1999 the Employer shall: (1) contribute to a designated Health and Welfare/Dental Fund $3.00 per hour for all hours worked by employees covered by this Agreement. (2) contribute to a Pension Fund $4.75 per hour for all hours worked by employees covered by this Agreement. (3) deduct $1.50 per hour from which payroll deductions have been made for ail hours worked by empioyees covered by this Agreement, to a Vacation Fund. (4) deduct $.19 per hour from which payroll deductions have been made for all hours worked by employees covered by this Agreement to the Minnesota Conference of Painters and A11ied Trades. (5) contribute to an Apprenticeship Training Fund $.24 per hour for all hours worked by employees covered by this Agreement. • The EMPLOYER shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Employees covered by this Agreement shall not be governed by nor be eligible for, the accumulation of vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by Civil Service Rules, Council Ordinance or Council Resolution. The Employer's fringe benefit obligation to employees is limited to the contriburions 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 forwarded contributions and/or deductions. q� �' • - Dl- � APPENDIX A The classes of positions recognized by the Employer as being exclusively represented by the Union are as follows: Lead Painter Painter Apprentice and other classes of positions that may be established by the Employer where the duties and responsibilities assigned aze detemvned by the Bureau of Mediarion Services to be appropriately represented by this bargaining unit. • • -A1 - ,� � APPENDIX B • Duster Wall Scrapers Putty Knife Broad Knife Hammer Screw Drivers • -B1- ,. � n U • APPENDIX C The basic hourly wage rate for provisional, regulaz and probationary empioyees appointed to the following classes shall be: P31I1tC7 Lead Painter Effective Effective Effective 04/25/98 5/8/99 OS/Ol/00 (or closest pay period) $21.04 $ 21.65 $21.99 $22.60 The basic hourly wage rate for temporary employees appointed to the following classes shall be: Painter Lead Painter Effective Effective Effective 04/25/98 5/8/99 OS/Ol/00 (or closest pay period) $22.13 $ 22.77 $23.13 $23.77 * Effective 5/1/00 (or closest payroll period), there will be an additional$1.19 per hour increase added to the total package. The parties will agree prior to that date as to the distribution of the increase between wages and fringes. The basic hourly wage rate for temporary employees whose length of service and earnings require that they be subject to Public Employees Retirement Association contributions shall be the rate as shown in this Appendix "C" for provisional employees in such classes. In the event that the Union elects to have the fringe benefit contributions made by the Employer increased during the contract period, the basic hourly wage rates sha11 be reduced by the amount of such increase. - Cl - � � APPENDIX C (Continued) When performing the following types of work, the rate of pay shall be seventy-five cents ($.75) per hour over the basic hourly wage rate for any class covered by this Agreement: Sandblasting, swing-stage work, erected structiu�al steel skeleton work, all bridge work, all exterior work where safety belt or window jacks aze used, spray painting, for application of materials over 50% creosote, and for application of all two component epoxy materials. The Employer agrees to pay $30.00 towazd the cost of a pair of safety shoes purchased by an employee who is a member of this unit. The Employer shall contribute towazd the cost of one pair of shoes per contract yeaz and shall not be responsible for any additional cost for any additional shoes thereafter. The reimbursement of $30.00 shall be made only after investigation and approval by the immediate supervisor of that employee. This $30.00 Employer contribution shall apply only to those employees who aze required by the Employer to weaz protective shoes. r1 U • -C2- �� , � � APPENDIX D Effective May 8, 1999 the Employer shall: (1) contribute to a designated Health and Welfare/Dental Fund $3.00 per hour for all hours worked by employees covered by this Agreement. (2) contribute to a Pension Fund $4.75 per hour for all hours worked by employees covered by this Agreement. (3) deduct $1.50 per hour from which payroll deductions have been made for all hours worked by empioyees covered by this Agreement, to a Vacation Fund. (4) deduct $.19 per hour from which payroll deductions have been made for all hours worked by employees covered by this Agreement to the Minnesota Conference of Painters and Allied Trades. (5) contribute to an Apprenticeship Training Fund $.24 per hour for all hours worked by employees covered by this Agreement. The EMPLOYER sha11 establish Workers' Compensation and Unemployment Compensation � programs as required by Minnesota Statutes. Employees covered by this Agreement shall not be governed by nor be eligible for, the accuxnulation of vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that aze or may be established by Civil Service Rules, Council Ordinance or Council Resolution. The Employer's fringe benefit obligation to employees is limited to the contribudons 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 contributions and/or deductions. � - Dl-