86-975 WHITE - C�TV C�,ERK
PINK - FINANC G I TY OF SA I NT PAU L Council
CANARV - DEPAR MEN File NO. �� _ ���
BLUE - MAVOR
Cau cil Resolution
__�
Present By �
Referr d �! l��`/�/C.-L_� Committee: Date � —� ���
Out of Co mittee By Date
ES VED, that the Council of the City of Saint Paul hereby approves and
ratif es he attached 1986-1989 Labor Agreement between the City of Saint Paul
and t e in City Carpenters District Council.
COUNCI M Requested by Department of:
Yeas p�eW Nays
� PERSONNEL OFFICE
Nicosia [n Favor
Rettman
Scheibel � �����
Sonnen __ AgelllSt �
Tedesco
Wilson
JUL 17 19� Form ��prov d b 'ty ttorney
Adopted by Cou cil Date
a
�
Certified Pass by unc.il Se r BY
B}�
Approv d y Yla or: Date � j 1aW Appr ed y Mayor for Submis o to ouncil
p(16L1SHED AU G 2 1986
;, ;; .:
Personnel Of 'c'e '� DEPARTMENT � � N� �5904
. 9�� -
Jim Lombardi , CONTACT
�. ,
4221 � PHONE _
lune 11, 198 DATE �rr�Qi� ,, �,,
J�SSI NUNB�� OR ROUTING ORDER Cli A11 Locations for Si nature :
Departmen Di ctor 3 Director of Management/Mayor
�
inance a nagement Services Director � 4 City Clerk
Budget, Di � ct r
� City Atto ey - — ___
t�tAT WILL BE HI YED BY TAKING ACTION ON TNE ATTACHED MATERIALS? (�urpose/
Rationale) :
This resolat ' n proves the 1986-19$9 Agreement between the City and the Twin City
Carpenters A �r t Council. The new Agreement includes change as shown on the
attached she '
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COST BENEFIT U TARY AND PERSONNEL IMPACTS ANTICIPATED: �r
$14,560.each ea �C�.����
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�,�N � � .
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FINANCIKG SOU E D BUDGET ACTIVITY NUNBER CHARGED OR CREDITED: (Mayor's signa-
twre not re-
Total Amou o "Transaction: quired if under
� �10,000)
Funding So ce:
activ;ty N ' be .
ATTACHMENTS st nd Number All Attachments :
1 . Resolutio • �
2. Copy for 'ty Clerk
DEPARTMENT REV CITY .ATTORNEY REVIEW
es No un il Resolution Required? ' Resolution Required? Yes No
� Yes ,j,�l su ance Required? Insurance Suff9ciertt? Yes No
Yes � su ance Attached:
(SEE •REVERSE SIDE FOR INSTRUCTIONS) �
Revised 12/84
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. _ ._. � � w� ...
9 .�-, HOW TO USE THE GREEN SHEET
The GREEN SHEET has several PURPOSESs � � � � �
1. to assist in routing documents and in securinq required siqnatures
2. to brief tl3e reviewers of documents on the i.mpacts of approval
3. to help ensure that necessary supportin� materials are prepared, and, if
� � required, attached.
Providing complete informa'tion under the listed headings enables reviewers to make
decisions on the documents and eliminates follow-up contacts that may delay execution.
The COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS heading provides space to explain
� the cost/benefit aspects of the decision. Costs and benefits related both to City
budget (General Fund and/or Special Funds) and to broader financial impacts (cost
to users, homeowners or other groups affected by the action) . The personnel impact
is a description of change or shift of Full-Time Equivalent (FTE) positions. �
If a CONTRACT amount is less than $10,000, the Mayor's signature is not required,
if the department director signs. A contract must always be first signed by the
outside agency before routing through City offices. �
Below is the preferred ROUTING for the five most frequent types of documents:
. CONTRACTS (assumes authorized budget exists) �
� 1. Outside Agency 4. Mayor
2. Initiat�ng Department 5. Finance Director
3. City Attorney 6. Finance Accounting .
ADMINISTRATIVE ORDER (Budget Revision) ADMINISTRATIVE ORDERS (all others)
1. Activity Manager 1. Initiating Department
2. Department Accountant 2. City Attorney
3. Department Director 3. Director of Management/Mayor
4. Budget Director 4. City Clerk '
5. City Clerk
6. Chief Accountant, F&MS
COUNCIL RESOLUTION (Amend. Bdqts./Accept. Grants) COUNCIL RESOLUTION (all others)-
1. Department Director 1. Initiating Department
2. Budget Director 2. City Attorney
3. City Attorney 3. Director of Management/Mayor
4. Director of Management/Mayor 4. City Clerk
5. Chair, Finance, Mngmt. & Personnel Com. 5. City Council
6. City Clerk �
7. City Council
8. Chief Accountant, F&MS
SUPPORTING MATERIALS. In the ATTACIiI�NTS section, identify all attachments. If the
Green Sheet is well done, no letter of transmittal need be included (unless siqninq
such a letter is one of the requested actions) .
Note: If an agreement requires eviderice of insurance/co-insurance, a Certificate of
Insurance should be one of the attachments at ti.� of routing.
Note: Actions which require City Council Resolutions include:
1. Contractual relationship with another governmental unit.
2.. Collective bargaining contracts. �
3. Purchase, sale or lease'of�land.
4. Issuance of bonds by City.
5. Eminent domain.
6. Assumption of liability by City, or grantinq by City of indemnific�tion. :
7. Agreements with State or Federal Government under which they are providing
funding.
8. Budget amendt�nts. : .
� � � �� y��
1 86-1989 Agreement between the City and the Twin City Carpenters
strict Council. The new Agreement includes changes as shown below.
1. Article XV - Holidays. New language allowing w/o benefit
employees to work on minor holidays at straight time.
2. Article XXVIII - Severance Pay - New language classifying the
$6,500 maximum severance pay.
3. Article 29 - Uniform Allowance - Establishes a uniform
allowance base for those employees working in the Fire
Prevention Division.
4. Appendix C - Wages. Total package increase of .50 per hour
for each of the three years. This increase is based on the
outside union settlement.
� � ' ��-�
' MAY, 1986 THRU APRIL, 1989
LABOR AGREEMENT
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THE CITY OF SAINT PAUL
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UNITED BROTHERHOOD OF CARPENTERS
AND JOINERS OF AMERICA
i
� TWIN CITY CARPENTERS DISTRICT COUNCIL
I
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I
I
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I N D E X
ARTI LE TITLE PAGE
Preamble iii
I Purpose 1
II Recngnition 2
III Employer Rights 3
IV Union Rights q
V Scope of the Agreement ,5
VI Probationary Periods (
VII Philosophy of Employment and Compensation 7
VIII Hours of Work g
IX Overtime 9
X Call Back 10
XI Work Location 11
XII Wages 12
XIII Fringe Benefits 14
XIV Selection of Foreman and General Foreman 15
XV Holidays 16
XVI Disciplinary Procedures 17
XVII Absences From Work lg
XVIII Seniority 19
XIX Jurisdiction Zp
XX Separation 21
XXI Tools 22
XXII Grievance Procedure 23
XXIII Right of Subcontract 27
XXIV NonDiscrimination 2$
XXV Severability 29
XXVI Waiver 30
XXVII City Mileage Plan 31
XXVII Severance Pay 32
XXIX Uniform Allowance 34
XXX Duration and Pledge 35
Appendix A A1
Appendix B B1
Appendix C C1
Appendix D D1
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P R E A M B L E
' This AGREEMENT is entered into between the City of Saint Paul,
. herei af er referred to as the EMPLOYER and the United Brotherhood of
. Carpe te and Joiners of America, Twin City Carpenters District Council,
herei af r 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 th b nefit of the general public through effective labor-management
cooper ti n.
The EMPLOYER and the UNION both realize that this goal depends not
� �
only o tt�e words in the AGREEMENT but rather primarily on attitudes between
people at 11 levels of responsibility. Constructive attitudes of the City,
the UN ON, and the individual employees will best serve the needs of the
genera p lic.
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ARTI LE - PURPOSE
1. 1 The EMPLOYER and the UNION agree that the purpose for entering into
thi AGREEMENT is to:
� 1.1 Achieve orderly and peaceful relations, thereby establishing a
' system of uninterrupted operations and the highest level of employee
� performance that is consistent with the safety and well-being of
, all concerned;
. 1 Set forth rates of pay, hours of work, and other conditions of
employment as have been agreed upon by the EMPLOYER and the UNION;
. 1 Establish procedures to orderly and peacefully resolve disputes as
to the application or interpretation of this AGREEMENT without
loss of manpower productivity.
1.2 he MPLOYER and the UNION agree that this AGREEMENT serves as a supplement
0 1 gislation that creates and directs the EMPLOYER. If any part of
t is AGREEMENT is in conflict with such legislation, the latter shall
p ev il. The parties, on written notice, agree to negotiate that part
i c nflict so that it conforms to the statute as provided by Article
2 ( EVERABILITY) .
i
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ARTICLE II - RECOGNITION
2.1 The EMPLOYER recognizes the UNION as the exclusive representative for
collective bargaining purposes for all personnel having an employment •
status of regular, probationary, provisional, temporary, and emergency
employed in the classes of positions defined in 2.2 as certified by the �
Bureau of Mediation Services in accordance with Case No. 73-PR-478-A
dated April 16, 1973.
2.2 The classes of positions recognized as being exclusively represented by
the LTNION are as listed in Appendix A.
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ARTI LE III - EMPLOYER RIGHTS
3. 1 Th EMPLOYER retains the right to operate and manage all manpower,
fa 'lities, and equipment; to establish functions and programs; to set
an amend budgets; to determine the utilization of technology, to
est blish and modify the organizational structure; to select, direct
and determine the number of personnel; and to perform any inherent
n gerial function not specifically limited by this AGREEMENT.
3.2 y "term or condition of employment" not established by this AGREEMENT
ha 1 remain with the II�4PLOYER to eliminate, modify, or establish
ol owing written notification to the UNION.
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ARTICLE IV - UNION RIGHTS
4.1 The EMPLOYER shall deduct from the wages of employees who authorize
such a deduction in writing an amount necessary to cover monthly UhION •
dues. Such monies deducted shall be remitted as directed by the UNION.
4.11 The EMPLOYER shall not deduct dues from the wages of employees
covered by this AGREEMENT for any other labor organi2ation.
4.12 The UNION shall indemnify and save harmless the EMPLOYER from any
and all claims or charges made against the EMPLOYER as a result of
the implementation of this ARTICLE.
4.2 The UNION may designate one (1) employee from the bargaining unit to
act as a Steward and shall inform the EMPLOYER in writing of such
designation. Such employee shall have the right and responsibilities
as designated in Article 22 (GRIEVANCE PROCEDURE) .
4.3 Upon notification to a designated EMPLOYER supervisor, the Business
Manager of the UNION, or his designated representative shall be permitted
to enter the facilities of the EMPLOYER where employees covered by this
AGREEMENT are working.
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ARTI LE - SCOPE OF THE AGREEMENT
5. 1 Thi AGREEMENT establishes the "terms and conditions of employment"
ef ned by M.S. 179.63, Subd. 18 for all employees exclusively
ep esented by the Ur'ION. This AGREEMENT shall supersede such "terms
. nd conditions of employment" established by Civil Service Rule,
ou cil Ordinance, and Council Resolution.
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ARTICLE VI - PROBATIOhARY PERIODS
6.1 All personnel, originally hired or rehired following separation, in a
regular employment status shall serve a six (6) month's probationary .
period during which time the employee's fitness and ability to perform
the class of positions' duties and responsibilities shall be evaluated. �
6.11 At any time during the probationary period an employee may be
terminated at the discretion of the EMPLOYER without appeal to the
provisions of Article 22 (GRIEVANCE PROCEDURE) .
6.12 An employee terminated during the probationary period shall receive
a written notice of the reason(s) for such termination, a copy of
which shall be sent to the UNION.
6.2 All personnel promoted to a higher class of positions shall serve a six
(6) months' promotional probationary period during which time the
employee's fitness and ability to perform the class of positions'
duties and responsibilities shall be evaluated.
6.21 At any time during the promotional probationary period an employee
may be demoted to the employee's previously held class of positions
at the discretion of the EMPLOYER without appeal to the provisions
of Article 22 (GRIEVANCE PROCEDURE) .
6.22 An employee demoted during the promotional probationary period
shall be returned to the employee's previously held class of
positions and shall receive a written notice of the reasons for
demotion, a copy of which shall be sent to the UNION.
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ARTI E II - PHILOSOPHY OF EMPLOYMENT AND COMPENSATIOh
7.1 he EMPLOYER and the UNION are in full agreement that the philosophy of
mp oyment and compensation shall be a "cash" hourly wage and "industry"
ri ge benefit system.
7.2 he EMPLOYER shall compensate employees for all hours worked at the
as c hourly wage rate and hourly fringe benefit rate as found in
rt cles 12 (WAGES) and 13 (FRINGE BENEFITS) .
7.3 o her compensation or fringe benefit shall be accumulated or earned
y employee except as specifically provided for in this AGREEMENT;
xc t those employees who have individually optioned to be "grandfathered"
s ovided by 12.2.
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ARTICLE VIII - HOURS OF WORK
8. 1 The normal work day shall be eight (8) consecutive hours per day,
excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m.
and 5:30 p.m.
8.2 The normal work week shall be five (5) consecutive normal work days
Monday through Friday.
8.3 If, during the term of this AGREEMENT, it is necessary in the 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.
8.4 This section shall not be construed as, and is not a guarantee of, any
hours of work per normal work day or per normal work week.
8.5 Al1 employees shall be at the location designated by their supervisor,
ready for work, at the established starting time and shall remain at an
assigned work location until the end of the established work day unless
� otherwise directed by their supervisor.
8.6 All employees are subject to call-back by the EMPLOYER as provided by
Article 10 (CALL BACK) .
8.7 Employees reporting for work at the established starting time and for
whom no work is available shall receive pay for two (2) hours, at the
basic hourly rate, unless notification has been given not to report for
work prior to leaving home, or during the previous work day.
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' ARTI LE X - OVERTIME
9.1 11 overtime compensated for by the EMPLOYER must receive prior
ut orization from a designated EMPLOYER supervisor. No overtime work
la m will be honored for payment or credit unless approved in advance.
vertime claim will not be honored, even though shown on the time
ar , unless the required advance approval has been obtained.
9.2 e overtime rate of one and one-half (1}) the basic hourly rate shall
e aid for work performed under the following circumstances:
.2 Time worked in excess of eight (8) hours in any one normal work
day and
.2 Time worked in excess of forth (40) hours in any seven (7)
day period.
9.3 or he purposes of calculating overtime compensation overtime hours
or d shall not be "pyramided", compounded, or paid twice for the same
h ur worked.
9.4 er ime hours worked as provided by this ARTICLE shall be paid in
c sh or in compensatory time. The method of payment shall be determined
s le y by the Employer.
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ARTICLE X - CALL BACK
10. 1 The EMPLOYER retains the right to call back employees before an employee
has started a normal work day or normal work week and after an employee
has completed a normal work day or normal work week.
1U.2 Employees called back shall receive a minimum of four (4) hours pay at
the basic hourly rate.
10.3 The hours worked based on a call-back shall be compensated in accordance
with Article 9 (OVERTIME) , when applicable, and subject to the minimum
established by 10.2 above.
10.4 Employees called back four (4) hours or less prior to their normal work
day shall complete the normal work day and be compensated only for the
overtime hours worked in accordance with Article 9 (OVERTIME) .
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ARTI LE I - WORK LOCATION,
11.1 mp oyees shall report to work location as assigned by a designated
OYER supervisor. During the normal work day employees may be
ss gned to other work locations at the discretion of the EMPLOYER.
� 11.2 mp oyees assigned to work locations during the normal work day, other
ha their original assignment, and who are required to furnish their
wn transportation shall be compensated for mileage.
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ARTICLE XII - WAGES
12. 1 The basic hourly wage rates as established by Appendix C shall be paid
for all hours worked by an employee.
12.2 Employees who are covered by the fringe benefits listed below shall
continue to be covered by such benefits. They shall be subject to all �
other provisions of the AGREEMENT, but shall not have hourly fringe
benefit contributions and/or deductions made on their behalf as provided
for by Article 13 (FRINGE BENEFITS) .
12.21 Insurance benefits as established by City of Saint Paul Resolutions
including life, hospital and health insurance for early retirees
who have retired since May 15, 1978.
In order to be eligible for the health benefits under the early
retiree provision, the employee must:
12.21.1 Be receiving benefits from a public employee
retirement act at the time of retirement.
12.21.2 Have severed his relationship with the City of
Saint Paul under one of the early retiree plans.
12.21.3 Inform the Personnel Office of the City of Saint
Paul in writing within 60 days of employee's early
retirement date that he or she wishes to be eligible
for early retiree insurance benefits.
12.22 Sick Leave as established by Resolution No. 3250, Section 20.
12.23 Vacation as established by the Saint Paul Salary Plan and Rates of
Compensation, Section I, Subdivision H.
12.24 Ten (10) legal holidays as established by the Saint Paul Salary
Plan and Rates of Compensation, Section I, Subdivision I.
12.25 Severance benefits as established by Ordinance No. 11490 with a maximum
payment of $4,000 or as established by Article XXVIII in this AGREEMENT.
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ARTIC E II - WAGES (continued)
12.3 eg lar e�ployees not covered by the fringe benefits listed in
rt cle 12.2 shall be considered, for the purposes of this AGREEMENT,
- ar 'cipating employees and shall be compensated in accordance with
rt ' le 12.1 (WAGES) and have fringe benefit contributions and/or
ed tions made on their behalf as provided for by Article 13 (FRINGE
ENE ITS) .
12.4 P ov sional, temporary and emergency employees shall be considered, for
t e urposes of this AGREEMENT, participating employees and shall be
c mp nsated in accordance with Article 12.1 (WAGES) and have fringe
b ne it contributions and/or deductions made in their behalf as provided
f r Article 13 (FRINGE BENEFITS) .
12.5 A 1 gular employees employed after February 15, 1974, shall be
c ns ' ered, for the purpose of this AGREEMENT, participating employees
a d s all be compensated in accordance with Article 12.1 (WAGES) and
ha e ringe benefit contributions and/or deductions made on their
be al as provided for by Article 13 (FRINGE BENEFITS) .
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ARTICLE XIII - FRINGE BENEFITS
13. 1 The EMPLOYER shall make contributions on behalf of and/or make
deductions from the wages of employees covered by this AGREEMENT '
in accordance with Appendix D for all hours worked.
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y ARTIC E IV - SELECTION OF FOREMAN AND GENERAL FOREMAIv
14.1 he selection of personnel for the class of position Carpenter Foreman
ha 1 remain solely with the EMPLOYER.
14.2 he lass of position Carpenter Foreman shall be filled by employees of
he argaining unit on a "temporary assignment".
14.3 11 'temporary assignments" shall be made only in cases where the class
f sitions is vacant for more than one (1) normal work day.
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ARTICLE XV HOLIDAYS
15.1 The following ten (10) days shall be designated as holidays:
New Year's Day, January 1
Martin Luther King Day, Third Monday in January (effective 1986) '
Presidents' Day, Third Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, first Monday in September �
Columbus Day, second Monday in October
Veterans' Day, November 11
Thanksgiving Day, fourth Thursday in November
Christmas Day, December 25
15.2 When New Year's Day, Independence Day or Christmas Day falls on a
Sunday, the following Monday shall be considered the designated holiday.
When any of these three (3) holidays falls on a Saturday, the preceding
Friday shall be considered the designated holiday.
15.3 The ten (10) holidays shall be considered non-work days.
15.4 If, in the judgment of the EMPLOYER, personnel are necessary for
operating or emergency reasons, employees may be scheduled or "called
back" in accordance with Article 1G (CALL BACK) .
15.5 Participating employees as defined in Articles 12.3, 12.4 and 12.5 assigned to
work on Martin Luther King Day, President's Day, Columbus Day or Veteran's Day
shall be compensated on a straight time basis for such hours worked.
15.6 Participating employees assigned to work on New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be
compensated at the rate of two (2) times the basic hourly rate for such
hours worked.
15.7 If an employee other than a Participating employee entitled to a holiday is
required to work on Martin Luther King Day (effective 1986) , President's Day,
Christopher Columbus Day, or Veteran's Day, he shall be granted another day off
with pay in lieu thereof as soon thereafter as the convenience of the depart-
ment permits, or he shall be paid on a straight time basis for such hours
worked, in addition to his regular holiday pay. If an employee other than a
participating employee entitled to a holiday is required to work on New Year's
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas
Day, he shall be recompensed for work done on this day by being granted
compensatory time on a time and one-half basis or by being paid on a time and
one-half basis for such hours worked, in addition to his regular holiday pay.
Eligibility for holiday pay shall be determined in accordance with Section I,
Subsection I of the St. Paul Salary Plan and Rates of Compensation.
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ARTI E 'VI - DISCIPLINARY PROCEDURES
16.1 he EMPLOYER shall have the right to impose disciplinary actions on
mp oyees for just cause.
� 16.2 is iplinary actions by the EMPLOYER shall include only the following
ct ons:
1 .2 Oral reprimand
1 .2 Written reprimand
1 .2 Suspension
1 .2 Demotion
1 .2 Discharge
16.3 mp oyees who are suspended, demoted, or discharged shall have the
ig t to request that such actions be reviewed by the Civil Service
o ission or a designated Board of Review. The Civil Service
o 'ssion, or a designated Board of Review, shall be the sole and
xc sive means of reviewing a suspension, demotion, or discharge. No
pp 1 of a suspension, demotion, or discharge shall be considered a
' gr' vance" for the purpose of processing through the provisions of
rt le 22 (GRIEVANCE PROCEDURE) .
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ARTICLE XVII - ABSENCES FROM WORK
17.1 Employees who are unable to report for their normal work day have the
responsibility to notify their supervisor of such absence as soon as
possible, but in no event later than the beginning of each work day.
17.2 Failure to make such notification may be grounds for discipline as
provided in Article 16 (DISCIPLINARY PROCEDURES) .
17.3 Failure to report for work without notification for three (3)
consecutive normal work days may be considered a "quit" by the EMPLOYER
on the part of the employee.
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- ARTIC E VIII - SENIORITY
18.1 en ority, for the purposes of this AGREEMENT, shall be defined as
ol ows:
1 .1 "Master Seniority" - the length of continuous regular and
probationary service with the EMPLOYER from the last date of
. employment in any and all class titles covered by this AGREEMENT.
1 .1 "Class Seniority" - the length of continuous regular and
probationary service with the EMPLOYER from the date an employee
was first appointed to a class title covered by this AGREEMENT.
18.2 en rity shall not accumulate during an unpaid leave of absence,
xc t when such a leave is granted for a period of less than thirty
30) calendar days; is granted because of illness or injury; is granted
o low an employee to accept an appointment to the unclassified
er ce of the EMPLOYER or to an elected or appointed full-time position
ith the UNION.
18.3 S ni rity shall terminate when an employee retires, resigns, or is
d sc arged.
18.4 I t e event it is determined by the EMPLOYER that it is necessary to
r du e the work force employees will be laid off by class title within
e ch Department based on inverse length of "Class Seniority".
18.5 T e election of vacation periods shall be made by class title based on
1 ng h of "class Seniority", subject to the approval of the EMPLOYER.
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ARTICLE XIX - JURISDICTION
19.1 Disputes concerning work jurisdiction between and among unions is
recognized as an appropriate subject for determination by the various
unions representing employees of the EMPLOYER.
19.2 The EMPLOYER agrees to be guided in the assignment of work jurisi- .
diction by any mutual agreements between the unions involved.
19.3 In the event of a dispute concerning the performance of assignment of
work, the unions involved and the EMPLOYER shall meet as soon as
mutually possible to resolve the dispute. Nothing in the foregoing
shall restrict the right of the EMPLOYER to accomplish the work as
originally assigned pending resolution of the dispute or to restrict
the EMPLOYER'S basic right to assign work.
19.4 Any employee refusing to perform work assigned by the EMPLOYER and as
clarified by Sections 19.2 and 19.3 above shall be subject to
disciplinary action as provided in Article 16 (DISCIPLINARY PROCEDL'RES) .
19.5 There shall be no work stoppage, slow down, or any disruption of work
resulting from a work assignment.
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� ARTIC E - SEPARATION
20.1 mp yees having a probationary or regular employment status shall be
on 'dered separated from employment based on the following actions:
2 . 1 Resignation. Employees resigning from employment shall give
written notice fourteen (14) calendar days prior to the effective
- date of the resignation.
2 .12 Discharge. As provided in Article 16.
2 . 13 Failure to Report for Duty. As provided in Article 17.
20.1 mp oyees having an emergency, temporary, or provisional employment
s at s may be terminated at the discretion of the EMPLOYER before the
c mp etion of a normal work day.
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ARTICLE XXI - TOOLS
21.1 All employees shall personally provide themselves with the tools of the
trade as listed in Appendix B.
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� ARTIC E II - GRIEVANCE PROCEDURE
22.1 he EMPLOYER shall recognize Stewards selected in accordance with UNIOr'
ul s and regulations as the grievance representative of the bargaining
ni . The UNION shall notify the EMPLOYER in writing of the names of
he Stewards and of their successors when so named.
22.2 t s recognized and accepted by the EMPLOYER and the UNION that the
ro ssing of grievances as hereinafter provided is limited by the job
ut s and responsibilities of the employees and shall therefore be
cc plished during working hours only when consistent with such
mp yee duties and responsibilities. The Steward involved and a
ri ing employee shall suffer no loss in pay when a grievance is
ro ssed during working hours, provided, the Steward and the employee
av notified and received the approval of their supervisor to be
bs t to process a grievance and that such absence would not be
et mental to the work programs of the EMPLOYER.
22.3 he rocedure established by this Article shall be the sole and exclusive
roc dure, except for the appeal of disciplinary action as provided by
6. for the processing of grievances, which are defined as an alleged
iol tion of the terms and conditions of this AGREEMENT.
22.4 rie ances shall be resolved in conformance with the following procedure:
Ste 1. Upon the occurrence of an alleged violation of this AGREEMENT,
the employee involved shall attempt to resolve the matter on
an informal basis with the employee's supervisor. If the
- 23 -
ARTICLE XXII - GRIEVANCE PROCEDURE (continued)
matter is not resolved to the employee's satisfaction by the
informal discussion it may be reduced to writing and referred -
to Step 2 by the UNION. The written grievance shall set
forth the nature of the grievance, the facts on which it is
based, the alleged section(s) of the AGREEMENT violated, and
the relief requested. Any alleged violation of the AGREEMENT
not reduced to writing by the UNION within seven (7) calendar
days of the first occurrence of the event giving rise to the
grievance or within the use of reaasonable diligence should
have had knowledge of the first occurrence of the event
giving rise to the grievance, shall be considered waived.
Step 2. Within seven (7) calendar days after receiving the written
grievance a designated EMPLOYER supervisor shall meet with
the UNION Steward and attempt to resolve the grievance. If,
as a result of this meeting, the grievance remains unresolved,
the II�LOYER shall reply in writing to the UNION within three
(3) calendar days following this meeting. The U1`•ION may
refer the grievance in writing to Step 3 within seven (7)
calendar days following receipt of the EMPLOYER'S written
answer. Any grievance not referred in writing by the UNION
within seven (7) calendar days following receipt of the
EMPLOYER'S answer shall be considered waived.
Step 3. Within seven (7) calendar days following receipt of a
grievance referred from Step 2 a designated EMPLOYER
supervisor shall meet with the UNION Business Manager or his
designated representative and attempt to resolve the grievance.
- 24 -
. �,-.��-�7.�
ARTIC E XII - GRIEVANCE PROCEDURE (continued)
Within seven (7) calendar days following this meeting the
EMPLOYER shall reply in writing to the UNION stating the
EMPLOYER'S answer concerning the grievance. If, as a result
- of the written response the grievance remains unresolved, the
UNION may refer the grievance to Step 4. Any grievance not
referred 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.
te 4. If the grievance remains unresolved, the UNION may within
seven (7) calendar days after the response of the EMPLOYER in
Step 3, by written notice to the EMPLOYER, request arbitration
of the grievance. The arbitration proceedings shall be
conducted by an arbitrator to be selected by mutual agreement
of the EMPLOYER and the U1vI0N within seven (7) calendar days
after notice has been given. If the parties fail to mutually
agree upon an arbitrator within the said seven (7) day period,
either party may request the Public Employment Relation Board
to submit a panel of five (5) arbitrators. Both the EMPLOYER
and the UNION shall have the right to strike two (2) names
from the panel. The UNION shall strike the first (lst) name;
the EMPLOYER shall then strike one (1) name. The process
will be repeated and the remaining person shall be the
arbitrator.
- 25 -
ARTICLE XXII - GRIEVANCE PROCEDURE (continued)
22.5 The arbitrator shall have to right to amend, modify, nullify, ignore,
add to, or subtract from the provisions of this AGREEMENT. The arbitrator •
shall consider and decide only the specific issue submitted in writing
by the EMPLOYER and the UNION and shall have no suthority to make a
decision on any other issue not so submitted. The arbitrator shall be
without power to make decisions contrary to or inconsistent with or
modifying or varying in any way the application of laws, rules, or
regulations having the force and effect of law. The arbitrator's
decision shall be submitted in writing within thirty (30) days following
close of the hearing or the submission of briefs of the parties,
whichever be later, unless the parties agree to an extension. The
decision shall be based solely on the arbitrator's interpretation or
application of the express terms of this AGREEMENT and to the facts of
the grievance presented. The decision of the arbitrator shall be final
and binding on the EMPLOYER, the UNION, and the employees.
22.6 The fees and expenses for the arbitrator's services and proceedings
shall be borne equally by the EMPLOYER and the UNION, provided that
each party shall be responsible for compensating its own representative
and witnesses. If either party desires a verbatim record of the
proceedings, it may cause such a record to be made providing it pays
for the record.
22.7 The time limits in each step of this procedure may be extended by
mutual agreement of the EMPLOYER and the UNION.
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. � ��-��.5
• ARTIC E III - RIGHT OF SUBCONTRACT
23. 1 he MPLOYER may, at any time during the duration of this AGREEMENT,
ont act out work done by the employees covered by this AGREEMENT. In
t e vent that such contracting would result in a reduction of the work
f rc covered by this AGREEMENT, the EMPLOYER shall give the UNION a
n ne y (90) calendar day notice of the intention to sub-contract.
23.2 T e ub-contracting of work done by the employees covered by this
A RE MENT shall in all cases be made only to employers who qualify in
a co dance with Ordinance 14013.
i
- 27 -
ARTICLE XXIV - NON-DISCRIMINATION
24. 1 The terms and conditions of this AGREEMENT will be applied to employees
equally without regard to, or discrimination for or against, any ,
individual because of race, color, creed, sex, age, or because of
membership or non-membership in the UNION.
24.2 Employees will perform their duties and responsibilities in a
non-discriminatroy manner as such duties and responsibilities involve
other employees and the general public.
, - 28 -
. �� 1���-�7s
ARTIC E V - SEVERABILITY
25.1 n t e event that any provision(s) of this AGREEMENT is declared to be
ont ary to law by proper legislative, administrative, or judicial
� ut rity from whose finding, determination, or decree no appeal is
ake , such provision(s) shall be voided. All other ,provisions shall
ont nue in full force and effect.
25.2 he arties agree to, upon written notice, enter into negotiations to
lac the voided provisions of the AGREEMENT in compliance with the
egi lative, administrative, or �udicial determination.
- 29 -
ARTICLE XXVI - WAIVER
26.1 The EMPLOYER and the UNION acknowledge that during the meeting and
negotiating which resulted in this AGREEMENT, each had the right and
opportunity to make proposals with respect to any subject concerning
the terms and conditions of employment. The agreements and understandings .
reached by the parties after the exercise of this right are fully and
completely set forth in this AGREEMENT.
26.2 Therefore, the EMPLOYER and the UNION for the duration of this AGREEMEh'T
agree that the other party shall not be obligated to meet and negotiate
over any term or conditions of employment whether specifically covered
or not specifically covered by this AGREEMENT. The UNION and EMPLOYER
may, however, mutually agree to modify any provision of this AGREEME�'T.
26.3 Any and all prior ordinances, agreements, resolutions, practices,
policies, and rules or regulations regarding the terms and conditions
of employment, to the extent they are inconsistent with this AGREEMENT,
are hereby superseded.
- 30 -
. �� -��-�
- ARTIC E VII - CITY MILEAGE PLAN
27.1 ut mobile Reimbursement Authorized: Pursuant to Chapter 33 of the
ai t Paul Legislative Code, as amended, pertaining to reimbursement of
it officers and employees for the use of their own automobiles in the
er ormance of their duties, the following provisions are adopted.
� 27.2 et od of Com utation: To be eligible for such reimbursement all
ff cers and employees must receive written authorization from the
ep rtment Head.
1. If an employee is required to use his/her own automobile
CC SIONALLY during employment the employee shall be reimbursed
t e rate of $3.00 per day for each day the employee's vehicle is
ct lly used in performing the duties of the employee's position.
n dition, the employee shall be reimbursed 15� per mile for each
il actually driven.
f ch employee is required to drive an automobile during employment
nd he department head or designated representative determines that
n ployer vehicle is available for the employee's use but the
mp yee desires to use his/her own sutomobile, then the employee
ha be reimbursed at the rate of 15� per mile driven and shall not
e e igible for any per dieum.
e 2. If an employee is required to use his/her own automobile
G ARLY during employment, the employee shall be reimbursed at the
ate of $3.00 per day for each day of work. In addition, the employee
al be reimbursed 15C per mile for each mile actually driven.
If s ch employee is required to drive an sutomobile during employment
a d he department head or designated representative determines that
a e ployer vehicle is available for the employee's use but the employee
d si es to use his/her own automobile, then the employee shall be reim-
b rs d at the rate of 15� per mile driven and sahll not be eligible for
a y er diem.
27.3 e ity will provide parking at the Civic Center Parking Ramp for City
e pl yees on either of the above mentioned types of reimbursement plans
w o re required to have their personal car available for City business.
S ch parking will be provided only for the days the employee is required
t h ve his or her own personal car available.
27.4 R le and Re ulations: The Mayor shall adopt rules and regulations
g ve ning the procedures for sutomobile reimburse�►ent, which regulations
a d ules shall contain the requirement that receipients shall file daily
r po ts indicating miles driven and shall file monthly affidavits stating
t e umber of days worked and the number of miles driven, and further
r qu re that they maintain automobile liability insurance in amounts of
n t ess than $100,000/$300,000 for personal injury, and $25,000 for
p op rty damage, or liability insurance in amounts not less than $300,000
s ng e limit coverage, with the City of Saint Paul named as an additional
i su ed. These rules and regulations, together with the amendment thereto,
s al be maintained on file with the City Clerk.
- 31 -
ARTICLE XXVIII - SEVERANCE PAY
28.1 The employer shall provide a severance pay program as set forth
in this Article.
28.2 To be eligible for the severance pay program, an employee must meet
the following requirements:
28.21 The employee must be 58 years of age or older or must be
eligible for pension under the "rule of 85" or the "rule of 90"
provisions of the Public Employees Retirement Association (PERA) .
The "rule of 85" or the "rule of 90" criteria shall also apply to
employees covered by a public pension plan other than PERA.
28.22 The employee mt�st be voluntarily separated from City employment
or have been subject to separation by layoff or compulsory
retirement. Those employees who are discharged for cause,
misconduct, inefficiency, incompetency, or any other disciplinary
reason are not eligible for the City severance pay program.
28.23 The employee must have at least ten (10) years of consecutive
service under the classified or unclassified Civil Service at
the time of separation. For the purpose of this Article, employ-
ment in either the City or in the Independent School District
No. 625 may be used in meeting this ten (10) year service re-
requirement.
28.24 The employee must file a waiver of reemployment with the
Director of Personnel, which will clearly indicate that by
requesting severance pay, the employee waives all claims to
reinstatement or reemployment (of any type) , with the City
or with Independent School District No. 625.
28.25 The employee arust have accumulated a minimum of sixty (60)
days of sick leave credits at the time of his separation
from service.
28.3 If an employee requests severance pay and if the employee meets the
eligibility requirements set forth above, he or she will be granted
severance pay in an amount equal to one-half of the daily rate of
pay for the position held by the employee on the date of separation
for each day of accrued sick leave subject to a maximum of $6,500.
- 32 -
. �� -Q�.
ARTIC E VIII - SEVERANCE PAY (cont.)
8.4 For the purpose of this severance program, a death of an employee
shall be considered as separation of employment, and if the employee
would have met all of the requirements set forth above, at the time
of his or her death, payment of the severance pay will be made to
the employee's estate or spouse.
2 .5 For the purpose of this severance program, a transfer from the
City of Saint Paul employment to Independent School District No. 625
employment is not considered a separation of employment, and such
transferee shall not be eligible for the City severance program.
2 .6 The manner of payment of such severance pay shall be made in
accordance with the provisions of City Ordinance No. 11490.
2 .7 This severance pay program shall be subject to and governed by the
provisions of City Ordinance No. 11490 except in those cases where
the specific provisions of this article conflict with said ordinance
and in such cases, the provisions of this article shall control.
2 .8 The provisions of this article shall be effective as of May 1, 1984.
2 .9 y employee hired prior to February 15, 1974 may, in any event, and
pon meeting the qualifications of this article or City Ordinance
o. 11490, as amended by City Ordinance No. 16303, section 1, section 6,
raw severance pay. However, an election by the employee to draw
everance pay under either this article or the ordinance shall constitute
bar to receiving severance pay from the other.
- 33 -
ARTICLE XXIX - UNIFORM ALLOWANCE
29.1 A uniform allowance base of three hundred and fifty-five dollars ($355.00)
as a clothing allowance on a voucher system is established for 1986 for
all inspectional employees of the Fire Prevention Division of the St. Paul
Department of Fire and Safety Services covered by this Agreement. Items
covered by this clothing allowance shall be defined by the Employer.
- 34 -
� 4�- ���.
ARTICL - DURATION AND PLEDGE
30. 1 T is AGREEMENT shall become effective as of the date of signing, except
a s ecifically provided otherwise in Articles 12 and 13, and shall
r ma n in effect through the 30th day of April, 1989, and continue in
e fe t from year to year thereafter unless notice to change or to
t rm nate is given in the manner provided in 29.2.
30.2 I e ther party desires to terminate or modify this AGREEMENT, effective
a o the date of expiration, the party wishing to modify or terminate
t e GREEMENT shall give written notice to the other party, not more
t an ninety (90) or less than sixty (60) calendar days prior to the
e pi ation date, provided, that the AGREEMENT may only be so terminated
o m dified effective as of the expiration date.
30.3 I c nsideration of the terms and conditions of employment established
b t is AGREEMENT and the recognition that the GRIEVAI3CE PROCEDURE
h re n established is the means by which grievances concerning its
a pl cation or interpretation may be peacefully resolved, the parties
h re y pledge that during the term of the AGREEMENT:
30.31 The UNION and the employees will not engage in, instigate, or
condone any concerted action in which employees fail to report for
duty, will fully absent themselves from work, stop work, slow down
their work, or absent themselves in whole or part from the full,
faithful performance of their duties of employment.
30.32 The EMPLOYER will not engage in, instigate, or condone any
lock-out of employees.
- 35 -
ARTICLE XX% - DURATION AND PLEDGE (continued)
3fl.33 This constitutes a tentative agreement between the parties
which will be recommended by the City Negotiator, but is
subject to the approval of the Administration of the City,
and is also sub�ect to ratification by the UNION.
AGREED to this 4th day of June, 1986, and attested to as the
full and complete understanding of the parties for the period of time herein
specified by the signature of the following representative for the EMPLOYER
and the UNION:
WITNESSES
CITY OF SAINT PAUL TWIN CITY CARPENTERS' DISTRICT COUNCIL
OF UNITED BROTHERHOOD OF CARPENTERS AND
JOI ERS 0 AMERICA
�!�`-' r +
� ab r elat' ns Bus ss Manager
� '
Labor Relations
- 36 -
. ���-yx.�
APPE IX
The classes of positions recognized by the EMPLOYER as being
exclu iv y represented by the UNION are as follows:
Carpenter
Carpenter-Foreman
Apprentice
Building Inspector
Senior Building Inspector
and o he classes of positions that may be established by the EMPLOYER where
the d tie and responsibilities assigned comes within the jurisdiction of
the U IO
- Al -
_ ���_ qy`�
APPE IX
The basic hourly wage rate for provisional, regular and probationary
emplo ees appointed to the following classes of positions and not receiving
the F ing Benefits listed in Article 12.2 shall be:
Effective Effective Effective
4-26-86 4-25-87 5-07-88
C rpe ter . . . . . . . . . . . . . . . $16.69* $17.17* $17.65*
C rpe ter Foreman . . . . . . . . . . . 17.80* 18.28* 18.76*
B ild ng Inspector.
lst Step 16.69* 17. 17* 17.65*
2nd Step 17.80* 18.28* 18.76*
3rd Step 18.36* **** ****
Se io Building Inspector . . . . . . . 19.52* **** ****
The basic hourly wage rate for temporary and emergency employees
appoi ted to the following class of positions shall be:
Effective Effective Effective
4-26-86 4-25-87 5-07-88
C rpe ter . . . . . . . . . . . . . . . $17.36* $17.86* $18.36*
C rpe ter Foreman . . . . . . . . . . . 18.51* 19.01* 19.51*
Build ng Inspector
lst Step 17.36* 17.86* 18.36*
2nd Step 18.51* 19.01* 19.51*
3rd Step 19.09* *** ***
Se io Building Inspector . . . . . . . 20.30* *** ***
The basic hourly wage rate for regular employees appointed to the
follo ing class of positions who are receiving the fringe benefits listed
in Articl 12.2 shall be:
Effective Effective Effective
4-26-86 4-25-87 5-07-88
C rpe ter . . . . . . . . . . . . . . . $15.71 ** **
C rpe ter Foreman . . . . . . . . . . . 16.64 ** **
B ild ng Inspector.
lst Step 15.71 ** **
2nd Step 16.64 ** **
3rd Step 18.03 ** **
S io Building Inspector . . . . . . . 19.17 ** �*
- C1 -
APPENDIX C (continued)
*This rate includes the taxable vacation contribution of $1.00.
**The April 25, 1987 and the May 7, 1988 hourly wage rates in this contract will
be the rates as shown below less the cost of sick leave usage for 1986 and 1987
respectively and less the cost of health and life insurance for the periods
May, 1986 through April, 1987 and May, 1987 through April, 1988 respectively and
less the cost of vacation and pension for 1987 and 1988 respectively incurred by
the employer for employees in this bargaining unit.
April 25, 1987 May 7, 1988
Carpenter $20.98 $21.48
Carpenter Foreman $22. 13 22.63
Building Inspector
lst Step $20.98 21.48
2nd Step $22. 13 22.63
Building Inspector
3rd Step Average of the total package rates for the respective
year used by the City for Carpenter Foreman,
Electrician Foreman, Sheet Metal Worker Foreman,
Plumber Foreman and Plasterer Foreman.
Senior Building Average of the total package rates for the respective
Inspector year used by the City for Senior Plumbing Inspector,
Senior Electrical Inspector, Senior Mechanical
Inspector-Sheet Metal, and Senior Building Inspector.
***The April 25, 1987 and May 7, 1988 hourly wage rates for temporary and emergency
employees shall be as shown below.
Building Inspector Average of the temporary base rates used by the City
3rd Step for Carpenter Foreman, Electrician Foreman, Sheet
Metal Worker Foreman, Plumber Foreman and Plasterer
Foreman.
Senior Building Average of the temporary rates for the respective year
Inspector used by the City for Senior Plumbing Inspector, Senior
Electrical Inspector, Senior Mechanical Inspector-
Sheet Metal, Senior Mechanical Inspector-Pipefitters
and Senior Building Inspector
****The April 25, 1987 and May 7, 1988 hourly wage rates for provisional, regular
and probationary employees not receiving the Fringe Benefits listed in 12.2
shall be the temporary rates divided by 1.04.
All Building Inspectors shall be paid the appropriate step in accordance with
Section I (one) , Subsection J of the St. Paul Salary Plan and Rates of Compensation.
If the Union elects to have the contributions listed in Appendix D increased or
decreased, the Employer may adjust the above applicable rates for participating
employees in such a way that the total cost of the package (wage rate plus
contribution) remains constant.
- C2 -
� � �� �7�
5. A pe dix D
D le e the current Appendix D and substitute the following Appendix D
APPEND X
Effect've May l, 1986, the EMPLOYER shall:
( ) contribute $1.10 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 covered by
his AGREEMENT, to a UNION designated Health and Welfare Fund.
( ) contribute $1.75 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 covered by
this AGREEMENT to a Pension Fund.
( ) contribute $1.00 per hour from which payroll deduction has been
made for all hours worked by participating employees as defined in
Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a
Vacation Fund.
( ) contribute $ .20 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 covered by
this AGREEMENT, to a UNION designated Dental Fund.
( ) contribute $ .07 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 covered by
this AGREEMENT, to a Apprenticeship Training Fund.
All contributions made in accordance with this Appendix shall be
forwar ed to depositories as directed by the UNION.
The EMPLOYER shall establish Workman's Compensation and Unemployment
Compen at on programs as required by Minnesota Statutes.
- D1 -
APPENDIX D (continued)
Participating employees as defined in Articles 12.3, 12.4 and 12.5
covered by this AGREEMENT, shall not be eligible for, governed by, or accumulate
vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe
benefits that are or may be established by Personnel Rules, Council Ordinance,
or Council Resolutions.
The EMPLOYER'S fringe benefit obligation to participating employees
as defined in Articles 12.3, 12.4 and 12.5 is limited to the contributions
and/or deductions established by this AGREEMENT. The actual level of benefits
provided to employees shall be the responsibility of the Trustees of the
various funds to which the EMPLOYER has forwarded contributions and/or
deductions.
- D2 -