86-976 M/HITE - CITV CLE K �
PINK - FINANCE COUIICII
�" BIUERV - MAVORTM NT GITY OF SAINT PAUL File NO. �� � �7�
ouncil Resolution --�
Presente By
�
Referre To �� ��' !��..�� Commi ttee: Date ��/�� �
Out of om ittee By Date
RE OL ED, that the Council of the City of Saint Paul hereby approves and
ratifie t e attached Maintenance Labor Agreement between the City of Saint
Paul a t e Bricklayers, Masons, Marblemasons, Cement Blocklayers and Tuck-
Pointe s, ocal Union No. 1 .
COUNCIL E R uested b Department of: �
Yeas DfeW ays
Nicosia PERSONNEL OFFI
Rettman Irt Favor
Scheibel
Sonnen __ Ag81(lst BY
Tedesco
Wilson
Adopted by Coun il: Date � � 7 � Form pprove by ttorney
Certified Va.s unc.il Se et BY
Bp
Approv Mav r: Date
� ��8� Appr d y Mayor for Submi n t uncil
By.
PUBLISNED �U G 2 1�86
.3 .
Personn�l _. £i DEPARTMENT �� N� 05902
Jim Lomba� �_ ,� CONTACT
301 '� � PHONE
.Tune 11 19� . DATE ���_ Q, �
ASS NUN�E ROUTING ORDER Cli All Lacations for Si nature :
Depart D rector 3 Dire�tor of Man�gement/Mayor
� Finance d nagement Services Director � 4 City Clerk
Budget. D ec r ,
City Att ' ne , .
WHAT WILL BE HI VED BY TAKING ACTIt?N ON THE ATTACMED MAT RIALS? (Purpose/ ,
Rationale) :
This resolut'� n proves the 19&6-1989 Agreement between the .City and Bricklayers Loca1
No. 1 . The c n s in the new Agreement are shown or� the attached sheet. "
C9'- � ��P
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OST BENEFIT DG TARY AND PERSONNEL IMPACTS, ANTICIPATED: RECEI�/E� �
$1040 each yea ' JUN 1 3 �86
' ��c�'y�p CITY q
� Tj��NE�' .
Jl�iv � �
r���YV,��s oF���E
FIIW�#EING SOURC '� AN BUDGET ACTIVITY NU{�ER CHARGED OR CREDITED: (Mayor's signa-
� ture not re-
Total Amount f" ansaction: quired if under
� �10,000)
Funding Sourc -
Activity Numb ' :
ATTACHMENTS Lis � an Number All Attaciunents :
1 . Resolution .
2. Copy for Cit ' C1 rk
DEP TMENT REYIEW CITY ATTORNEY REVIEW �
Yes No Coun ' 1 esolution Required? ' ResolWtion Required? Y�s No
Yes � Insu ' nc Required? Insurance Sufficient? Yes No
Yes ,�t� Insu nc Attached:
;
(SEE •REVERSE SIDE FOR INSTRUCTIONS) .
Revised 12/84 �
;.�.. HOW TO USE TIiE GREEN SHEET � ' `
The GREEN SHEET has several PURPOSES: � ' � � �
l, to assist in r4utinq documents and in securing required siqnatures
2. to brief the reviewers of documents on the impacts of approval
3. to help ensure that necessary supportinq materials are prepared, and, if
- required,''attr;ached.
_ 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 dacision. Costs and benefits related both to City
budget (General Fund and/or Special Funds) and to broac�er 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 alwa,ys 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 Aqency 4. Mayor
2. Initiati.ng Department 5. Finance Director
3. City Attorney 6. Finance Accounting
ADMINISTRATIVE ORDER (Budget Revision) ADMINISTRATIVE ORDERS (all others)
1. Activity Manager l. Initiating Department
2. Department Accountant 2. City Attorney
3. Department Director 3. Director of Manaqement/Mayor
4. Budget Director 4. City Clerk '
5. City Clerk �
6. Chief Accountant, F&MS
COUNCIL RESO�UTION (Amend. Bdqts./Accept. Grants) COUNCIL RESOLUTION (all others)-
1. Department Director l. Initiating Department
2. Budget Director 2. City Attorney
3. City Attorney 3. Director of Management/Mayor
4. Director of Manaqement/Mayor 4. City Clerk
5. Chair, Finance, Mngmt. & Personnel GCom. 5. City Council
6. City Clerk �
7. City Council
8. Chief Accountant, E'&MS
SUPPORTING MATERIALS. In the ATTACHMENTS 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 requiree eviderice of ins�rance/co-insurance, a Certificate of
Insurance should be one of the attachments a.t time of routing.
Note: Actions which require City Council Resolutions include:
1. Contractual relationship with another governmental unit.
2.. Collective bargaininq contracts. •
3. Purchase, sale or lease of'land.
4. Issuance of bonds by City.
5. Eminent domain.
6. Assumption of liability by City, or qranting by City of indemnific�tion. :
7. Agreements with State or Feder�l Goverr�ment under which they are providing
fundinq.
8. Budq�t amendments. . .
° - ''i �' �G � ry�
1986 19 9 Agreement between the City and Bricklayers Local No. 1 . The changes
in t e ew Agreement include the following:
l . 'i Article XV '- Holidays. New language allowing w/o benefit employees
to work on minor holidays at straight time.
. ��i Article XXVIII - Severance Pay. Language change which clarifies the
I $6,500� maximum severance pay.
. I�i A endix C - Wa es T t k
pp g . o al pac age increase of .50 per hour for each
', year. This is based on the outside union settlement.
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MAY 1, 1986 THRU APRIL 30, 1989
MAINTENANCE LABOR AGREEMENT
- between -
THE CITY OF SAINT PAUL
- and -
BRICKLAYERS, MASONS, MARBLEMASONS,
CEMENT BLOCKLAYERS AND TUCKPOINTERS
LOCAL UNION N0. 1
`� � �= �- ���
I N D E X
ARTI LE TITLE PAGE
Preamble iii
I Purpose 1
II Recognition 2
III Employer Rights 3
IV Union Rights q
� Scope of the Agreement 5
�I Probationary Periods 6
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
XVII Seniority 19
XIX Jurisdiction 20
� Separation 21
XXI Tools 22
XXII Grievance Procedure 2g
XXII Right of Subcontract 27
XXIV Non-Discrimination 28
XXV Severability 29
XXVI Waiver 30
XXVI City Mileage Plan 31
XXVI I Severance Pay g2
XXIX Duration and Pledge 34
Appendix A A1
Appendix B gl
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,
here na ter referred to as the EMPLOYER and the Bricklayers and Stone Masons
Unio N . 1 hereinafter referred to as the UNION.
The EMPLOYER and the UNION concur that this AGREEMENT has as its
obje ti the promotion of the responsibilities of the City of Saint Paul
for he enefit of the general public through effective labor management
coop ra 'on.
The EMPLOYER and the UNION both realize that this goal depends not
only on he words in the AGREEMENT but rather primarily on attitudes between
peop e all levels of responsibility. Constructive attitudes of the
EMPL YE the UNION, and the individual employees will best serve the needs
of t e neral public.
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� ART CL I - PURPOSE
1. 1 T EMPLOYER and the UNION agree that the purpose for entering into
t 's 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. 2 Set forth rates of pay, hours of work, and other conditions of
employment as have been agreed upon by the EMPLOYER and the UNION;
1. 3 Establish procedures to orderly and peacefully resolve disputes as
to the application or interpretation of this AGREEMENT without
loss of manpower productivity.
1.2 Th EMPLOYER and the UNION agree that this AGREEMENT serves as a
su plement to legislation that creates and directs the EMPLOYER. If any
pa t of this AGREEMENT is in conflict with such legislation, the latter
sh 11 prevail. The parties, on written notice, agree to negotiate that
pa t in conflict so that it conforms to the statute as provided by
Ar icle 25 (SEVERABILITY) .
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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-537-A
dated June 4, 1973.
2.2 The classes of positions recognized as being exclusively represented by
the UNION are as listed in Appendix A.
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_ ART CL III - EMPLOYER RIGHTS
3.1 T EMPLOYER retains the right to operate and manage all manpower,
f ilities, and equipment; to establish functions and programs; to set
a amend budgets; to determine the utilization of technology; to
e ablish and modify the organizational structure; to select, direct,
a determine the number of personnel; and to perform any inherent
agerial function not specifically limited by this AGREEMENT.
3.2 An "term or condition of employment" not established by this AGREEMENT
sh 11 remain with the EMPLOYER to eliminate, modify, or establish
fo lowing 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 UNION
dues. Such monies deducted shall be remitted as directed by the UNIOh.
4.11 The EMPLOYER shall not deduct dues from the wages of employees
covered by this AGREEMENT for any other labor organization.
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 (GRIEVAI�CE PROCEDURE) .
4.3 Upon notification to a designated EMPLOYER supervisor, the Business
Manager of the UNIOrT, 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 Th s AGREEMENT established the "terms and conditions of employment"
de ined by M. S. 179.63, Subdivision 18 for all employees exclusively
re resented by the UNION. This AGREEMENT shall supersede such "terms
an conditions of employment" established by Civil Service Rule,
Co cil Ordinance and Council Resolution.
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ARTICLE VI - PROBATIONARY 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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, ART CL VII - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 T EMPLOYER and the UNION are in full agreement that the philosophy of
e loyment and compensation shall be a "cash" hourly wage and
"' dustry" fringe benefit system.
7.2 T EMPLOYER shall compensate employees for all hours worked at the
b ic hourly wage rate and hourly fringe benefit rate as found in
A icles 12 (WAGES) and 13 (FRINGE BENEFITS) .
7.3 No other compensation or fringe benefit shall be accumulated or earned
by an employee except as specifically provided for in this AGREEMENT;
ex ept those employees who have individually optioned to be
"g andfathered" as provided 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 (S) 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 All employees shall be at the location designated by their supervisor,
ready for work, at the established starting time and shall remain at an
assigned work location until the end of the established work day unless
otherwise directed by their supervisor.
8.6 All employees are sub�ect 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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' ART CL IX - OVERTIME
9. 1 A 1 overtime compensated for by the EMPLOYER must receive prior
a thorization from a designated EMPLOYER supervisor. No overtime work
c aim will be honored for payment or credit unless approved in advance.
overtime claim will not be honored, even though shown on the time
c d, unless the required advance approval has been obtained.
9.2 T overtime rate of one and one-half (1}) the basic hourly rate shall
b paid for work performed under the following circumstances:
9. 1 Time worked in excess of eight (8) hours in any one normal work
day, and
9. 2 Time worked in excess of forty (40) hours in a seven (7) day period.
9.3 Fo the purposes of calculating overtime compensation avertime hours
wo ked shall not be "pyramided", compounded, or paid twice for the same
ho rs worked.
9.4 Ov rtime hours worked as provided by this ARTICLE shall be paid in
ca h or in compensatory time as determined 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.
10.2 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 XI - WORK LOCATION
11. 1 Em loyees shall report to work location as assigned by a designated
LOYER supervisor. During the normal work day employees may be
as igned to other work locations at the discretion of the EMPLOYER.
11.2 Em loyees assigned to work locations during the normal work day, other
th n their original assignment, and who are required to furnish their
o transportation shall be compensated for mileage.
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ARTICLE XII - WAGES '
i2.1 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 8, 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 earl�� 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 Civil Service Rules, Section 20.
12.23 Vacation as established by the Saint Paul Salary Plan and
Rates of Compensation, Section I, Subdivision H.
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' ARTI LE XII - WAGES (continued)
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 28 in this Agreement.
12.3 Re ular employees not covered by the fringe benefits listed in Article
12 Z shall be considered, for the purposes of this AGREEMENT, partici-
pa ing employees and shall be compensated in accordance with Article
12 1 (WAGES) and have fringe benefit contributions and/or deductions
ma e on their behalf as provided for by Article 13 (FRINGE BENEFITS) .
12.4 Pr isional, temporary and emergency employees shall be considered, for
th purposes of this AGREEMENT, participating employees and shall be
co ensated in accordance with Article 12.1 (WAGES) and h2ve fringe
be efit contributions and/or deductions made in their behalf as
pr ided for by Article 13 (FRINGE BENEFITS) .
12.5 A1 regular employees employed after February 15, 1974, shall be
co sidered, for the purpose of this AGREEMEATT, participating employees
an shall be compensated in accordance with Article 12.1 (WAGES) and
ha e fringe benefit contributions and/or deductions made on their
be lf 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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ART CL XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN
14. T selection of personnel for the class of position of Foreman shall
r ain solely with the EMPLOYER.
14. T class of position of Foreman shall be filled by employees of the
b gaining unit on a "temporary assignment".
14. A "temporary assignments" shall be made only at the direction of a
d ignated EMPLOYER supervisor.
14. S h "temporary assignments" shall be made only in cases where the
c ss of positions 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 10 (CALL BACK) .
15.5 Participating employees as defined in ArticZes 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 Such 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 Veterans' Day, he shall be granted another day off
with pay in lieu thereof as soon thereafter as the convenience of the
department 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 compensed 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 (one) , Subsection I of the St. Paul Salary Plan
and Rates of Compensation.
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ARTI LE XVI - DISCIPLINARY PROCEDURES
16.1 Th EMPLOYER shall have the right to impose disciplinary actions on
em loyees for just cause.
16.2 Di ciplinary actions by the EMPLOYER shall include only the follo�•ing
ac ions:
16 21 Oral reprimand.
16 22 Written reprimand.
16 23 Suspension.
16 24 Demotion.
16 25 Discharge.
16.3 Em loyees who are suspended, demoted, or discharged shall have the
ri t to request that such actions be reviewed by the Civil Service
Co ission or a designated Board of Review. The Civil Service
Co ission, or a designated Board or Review, shall be the sole and
ex usive means of reviewing a suspension, demotion, or discharge. No
ap al of a suspension, demotion, or discharge shall be considered a
"g evance" for the purpose of processing through the provisions of
Ar cle 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 such work day.
17.2 Failure to make such notification may be ground 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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ARTI LE XVIII - SENIORITY
18. 1 Se iority, for the purpose of this AGREEMENT, shall be defined as
fo lows:
' 18 11 "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.
18 12 "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 Se iority shall not accumulate during an unpaid leave of absence,
ex ept when such a leave is granted for a period of less than thirty ,
(3 ) calendar days; is granted because of illness or injury; is granted
to llow an employee to accept an appointment to the unclassified
se ice of the EMPLOYER or to an elected or appointed full-time
po ition with the UNION.
18.3 Se iority shall terminate when an employee retires, resigns, or is
di charged. .
18.4 In the event it is determined by the EMPLOYER that it is necessary to
re ce the work force employees will be laid off by class title within
ea Department based on inverse length of "Class Seniority". Recall
fr layoff shall be inverse order of layoff, except that recall rights
sh 11 expire after two years of layoff.
18.5 Th selection of vacation periods shall be made by class title based on
le th 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 to determination by the various
unions representing employees of the EMPLOYER.
19.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction
by mutual agreements between the unions involved.
19.3 In the event of a dispute concerning the performance or assignment of
work, the unions involved and the EMPLOYER shall meet as soon as mutually
possible to resolve the dispute. Nothing in the foregoing shall restrict
the right of the EMPLOYER to accomplish the work as originally assigned
pending resolution of the dispute or to restrict the EMPLOYER'S basic
right to assign work.
19.4 Any employee refusing to perform work assigned by the EMPLOYER and as
clarified by Section 19.2 and 19.3 above shall be subject to disciplinary
action as provided in Article 16 (DISCIPLINARY PROCEDURES) .
,
19.5 There shall be no work stoppage, slow down, or any disruption of work
resulting from a work assignment.
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ARTICLE XX - SEPARATION
20. 1 Em loyees having a probationary or regular employment status shall be
co sidered separated from employment based on the following actions:
20 11 Resignation. Employees resigning from employment shall
give written notice fourteen (14) calendar
days prior to the effective date of the
resignation.
20 12 Discharge. As provided in Article 16.
20 13 Failure to Report for Duty. As provided in Article 17.
20.2 Em loyees having an emergency, temporary, or provisional employment
st tus may be terminated at the discretion of the EMPLOYER before the
co pletion of a normal work day. �
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ARTICLE XfiI - TOOLS �
21. 1 All employees shall personally provide themselves with the tools
of the trade as listed in Appendix B.
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ART CL XXII - GRIEVANCE PROCEDURE (continued) � �
22. G ievances shall be resolved in conformance with the following
p ocedure:
S e 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 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 reasonable
diligence should have had knowledge of the first occurrence
of the event giving rise to the grievance, shall be
considered waived.
St 2. Within seven (7) calendar days after receiving the written
grievance a designated Employer Supervisor shall meet with
the Union Steward and attempt to resolve the grievance. If,
as a result of this meeting, the grievance remains unresolved,
the EMPLOYER shall reply in writing to the UNION within three
(3) calendar days following this meeting. The UNION may
refer the grievance in writing to Step 3 within seven (7)
calendar days 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.
- 24 -
� . ARTICLE XXII - GRIEVANCE PFOCEDURE �0�-�7�
22. 1 The EMPLOYER shall recognize Stewards selected in accordance with UNION
rules and regulations as the grievance representative of the bargaining
unit. The Uh'ION shall notify the EMPLOYER in writing of the names of
the Stewards and of their successors when so named.
22.2 It is recognized and accepted by 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 Steward involved and a
grieving employee shall suffer no loss in pay when a grievance is
processed during working hours, provided, the Steward and the employee
have notified and received the approval of their supervisor to be
absent to process a grievance and that such absence would not be
detrimental to the work programs of the E�iPLOYER.
22.3 The procedure established by this ARTICLE shall be the sole and
exclusive procedure, except for the appeal of disciplinary action as
provided by 16.3, for the processing of grievances, which are defined
as an alleged violation of the terms and conditions of this AGREEMENT.
- 23 -
� � � �r�-yy�
. ART CL XXII - GRIEVANCE PROCEDURE (continued)
S 3. Within seven (7) calendar days following receipt of a
grievance referred from Step 2 a designated EMPLOYER
Supervisor shall meet with the Union Business Manager or his
designated representative and attempt to resolve the
grievance. Within seven (7) calendar days following this
meeting the 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.
St 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 UNION within seven (7)
calendar days after notice has been given. If the parties
fail to mutually agree upon an arbitrator within the said
seven (7) day period, either party may request the Public
Employment Relations 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 X3iII - GRIEVANCE PROCEDURE (continued) ,
22.5 The arbitrator shall have no right to amend, modify, nullify, ignore,
add to, or subtract from the provisions of this AGREEMENT. The
arbitrator shall consider and decide only the specific issue submitted
in writing by the EMPLOYER and the UNION and shall have no 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 by the �
parties, whichever be later, unless the parties agree to an extension.
The decision shall be based solely on the arbitrator's interpretation
or application of the express terms of this AGREEMENT and to the facts
of the grievance presented. The decision of the arbitrator shall be
f inal and binding on the �LOYER, 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.
- 26 -
Q,c ��_ �`��o
c�-
� ART CL XXIII - RIGHT OF SUBCONTRACT
23. T EMPLOYER may, at any time during the duration of this AGREEMENT,
co tract out work done by the employees covered by this AGREEMENT. Ir.
th event that such contracting would result in a reduction of the work
fo ce covered by this AGREEMENT, the EMPLOYER shall give the UNIOh' a
ni ety (90) calendar day notice of the intention to sub-contract.
23.2 Th sub-contracting of work done by the employees covered by this
AG EEMENT shall in all cases be made only to employers who qualify in
ac ordance with Ordinance No. 14013.
- 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-discriminatory manner as such duties and responsibilities involve
other employees and the general public.
- 28 -
� � � -�7�
- ART CL XXV - SEVERABILITY
25. I the event that any provision(s) of this AGREEMENT is declared to be
c trary to law by proper legislative, administrative, or judicial
a hority from whose finding, determination, or decree no appeal is
ta en, such provision(s) shall be voided. All other provisions shall
co tinue in full force and effect.
25.2 Th parties agree to, upon written notice, enter into negotiations to
pl ce the voided provisions of the AGREEMENT in compliance with the
le islative, 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 AGREEMENT
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 AGREEMENT.
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 -
��� � 97� .
ARTI LE XXVII - CITY MILEAGE
27.1 Au omobile Reimbursement Authorized: Pursuant to Chapter 33 of the
Sa nt Paul Administrative Code, as amended, pertaining to reimbursement
of City officers and employees for the use of their own automobiles in
th performance of their duties, the following provisions are adopted.
27.2 Me hod of Computation: To be eligible for such reimbursement, all
of icers and employees must receive written authorization from the
De artment Head.
T e 1. If an employee is required to use his/her own automobile
OC ASIONALLY during employment, the employee shall be reimbursed at
th rate of $3.00 per day for each day the employee's vehicle is
ac ually used in performing the duties of the employee's position.
In addition, the employee shall be reimbursed 15� per mile for each
mi e actually driven.
If such employee is required to drive an automobile during employment and
th department head or designated representative determines that an
em loyer vehicle is available for the employee's use but the employee
de ires to use his/her own automobile, then the employee shall be reim-
bu sed at the rate of 15� per mile driven and shall not be eligible
fo any per diem.
T e 2. If an employee is required to use his/her own automobile
RE ULARLY during employment, the employee sha11 be reimbursed at the
ra e of $3.00 per day for each day of work. In addition, the employee
sh 11 be reimbursed 15C per mile for each mile actually driven.
If such employee is required to drive an automobile during employment
an the department head or designated representative determines that
an employer vehicle is available for the employee's use but the employee
de ires to use his/her own automobile, then the employee shall be reim-
bu sed at the rate of 15C per mile driven and shall not be eligible for
an per diem.
27.3 Th City will provide parking at the Civic Center Parking Ramp for City
em loyees on either of the above mentioned types of reimbursement plans
wh are required to have their personal car available for City business.
Su h parking will be provided only for the days the employee is required
to have his or her own personal car available.
27.4 Ru es and Re ulations: The Mayor shall adopt rules and regulations
go erning the procedures for automobile reimbursement, which regulations
an rules shall contain the requirement that recipients shall file daily
re orts indicating miles driven and shall file monthly affidavits stating
th number of days worked and the number of miles driven, and further
re uire that they maintain automobile liability insurance in amounts of
no less than $100,000/$300,000 for personal injury, and $25,000 for
pr perty damage, or liability insurance in amounts not less than $300,000
si gle limit coverage, with the City of Saint Paul named as an additional
in ured. These rules and regulations, together with the amendment thereto,
sh 11 be maintained on file with the city clerk.
- 31 -
� �- � -�7�
' 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 must 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-
quirement.
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 must 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 onehalf 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 -
. ��_ �y�
ART CL XXVIII - SEVERANCE PAY (cont.)
2 .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.
28 6 The manner of payment of such severance pay shall be made in
accordance with the provisions of City Ordinance No. 11490.
28 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.
28 8 The provisions of this article shall be effective as of July 1, 1984.
28 9 Any employee hired prior to February 15, 1974 may, in any event, and
upon meeting the qualifications of this article or City Ordinance
No. 11490, as amended by City Ordinance No. 16303, section 1, section 6,
draw severance pay. However, an election by the employee to draw
severance pay under either this article or the ordinance shall constitute
a bar to receiving severance pay from the other.
- 33 -
ARTICLE XXIX - DURATION AND PLEDGE
29.1 This AGREEMENT shall become effective as of the date of signing, except
as specifically provided otherwise in Articles 12 and 13, and shall
remain in effect through the 30th day of April, 1989, and continue in
effect from year to year thereafter unless notice to change or to
terminate is given in the manner provided in 29.2.
29.2 If either party desires to terminate or modify this AGREEMENT, effective
as of the date of expiration, the party wishing to modify or terminate
the AGREEMENT shall give written notice to the other party, not more
than ninety (90) or less than sixty (60) calendar days prior to the
expiration date, provided, that the AGREEMENT may only be so terminated
or modified effective as of the expiration date.
29.3 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:
29.31 The UNION and the employees will not engage in, instigate, or
condone any concerted action in which employees fail to report for
duty, willfully absent themselves from work, stop work, slow down
their work, or absent themselves in whole or part from the full,
faithful performance of their duties of employment.
29.32 The EMPLOYER will not engage in, instigate, or condone any lock-out
of employees.
- 34 -
.. � �- �7�
ARTI LE XXIX - DURATION AND PLEDGE (continued)
29 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
subject to ratification by the UNION.
AGREED to this 30th day of May 1986, and attested to as the
full an complete understanding of the parties for the period of time herein
spec fi d by the signature of the following representative for the EMPLOYER
and he UNION.
WITN SS S:
CITY OF SAINT PAUL BRICKLAYERS, MASONS, MARBLE-MASONS,
CEMENT BLOCKLAYERS AND TUCKPOINTERS
LOCAL N0. 1
� `
. � l� � �y��zj,
a��
abo R la ns Business Manager
^ � �f��
Labo R lations
,�
- 35 -
APPENDIX A �
The classes of positions recognized by the EMP��OYER as being exclusively
represented by the UNION are as follows:
Bricklayer
Stone Mason
Apprentice
Masonry Inspector
and other classes of positions that may be established by the EMPLOYER where
the duties and responsibilities assigned comes within the jurisdiction of
the UNION.
- A1 -
APPENDIX C
The basic hourly wage rate for provisional, regular and probationary
employees appointed to the following classes of positions and not receiving
the fringe benefits listed in Article 12.2 shall be:
Effective Effective Effective
April 26, 1986 May 1, 1987 May 1, 1988
Bricklayer . . . . . . . . . . . . . . $16.71* $17. 19* $17.67*
Bricklayer Foreman . . . . . . . . . . 17.82* 18.30* $18.78*
Stone Mason . . . . . . . . . . . . . 16.71* 17. 19* $17.67*
Masonry Inspector
lst step 16.71* 17.19* $17.67*
2nd step 17.82* 18.30* 18.78'�
3rd step 18.36* ** **
The basic hourly wage rate for temporary and emergency employees
appointed to the following class of positions shall be:
Effective Effective Effective
April 26, 1986 May 1, 1987 Nlay 1, 1988
Bricklayer . . . . . . . . . . . . . . $17.38�" $17.88* $18.38*
Bricklayer Foreman . . . . . . . . . . 18.53* 19.03* 19.53*
Masonry Inspector
lst step 17.38* 17.88* 18.38*
2nd step 18.53* 19.03* 19.53*
3rd step 19.09* ** **
The basic hourly wage rate for regular employees appointed to the
following class of positions who are receiving the fringe benefits listed
in Article 12.2 shall be:
Effective Effective Effective
April 26, 1986 May 1, 1987 May 1, 1988
Bricklayer . . . . . . . . . . . . . . $16.76 *** ***
Bricklayer Foreman . . . . . . . . . . 17.74 *** ***
Masonry Inspector
lst step 16.76 **� ***
2nd step 17.74 *** **�
3rd step 19.06 **� ***
- C1 -
. �y�- �y�
APP ND C (continued)
*Th s te includes the taxable vacation contribution of $1.00.
** e y 1, 1987 and May 1, 1988 temporary wage rates in this contract will be the
ave ag of the temporary rates used by the City for Carpenter Foreman, Electrician
For ma , Sheet Metal Worker Foreman, Plumber Foreman and Plasterer Foreman on May 5,
198 a May 1, 1988 respectively.
The pr isional and regular rate shall be the temporary rate divided by 1.04.
*** he y 1, 1987 and May 1, 1988 hourly wage rates in this contract will be the
rat s shown below less the cost of sick leave usage for 1986 and 1987
res ect vely and less the cost of health and life insurance for the periods May, 1986
thr ug April, 1987 and May, 1987 through April, 1988 respectively and vacation for
198 an 1988 zespectively incurred by the employer for employees in this bargaining
unit.
May, 1987 rsay, 1988
Br cklayer $21.07 $21.57
Br cklayer Foreman $22.22 $22,72
Ma onry Inspector
lst step $21.07 $21.57
2nd step 22.22 22.72
Ma onry Inspector
3rd step Average of the total package rates used by
the City for Carpenter Foreman, Electrician
Foreman, Sheet Metal Worker Foreman, Plumber
Foreman and Plasterer Foreman for May, 1987
and May, 1988 respectively.
All s nry Inspectors shall be paid the appropriate step in accordance with
Sect'on I (one) , Subsection J of the St. Paul Salary Plan and Rate of
Comp ns tion. If the Union elects to have the contributions listed in
Appe di D increased or decreased, the Employer may adjust the above applicable
rate f r participating employees in such a way that the total cost of the
pack ge (wage rate plus contribution) remains constant.
- C2 -
. �
APPENDIX D "'
Effective May 1, 1986, the EMPLOYER shall:
(1) contribute $1.41 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 Health and Welfare Fund.
(2) contribute $1.78 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.
(3) 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.
All contributions made in accordance with this Appendix shall be forwarded to
depositories as directed by the Union.
The EMPLOYER shall establish Worker's Compensation and Unemployment Compensation
programs as required by Minnesota Statutes.
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.
- D1 -
�' �"', ' /
� .�t `-:i'��.\
� ' ���_ ���
;� CITY OF SAINT P.A..UL
;�ii''�°-s,�'�i'�.`"��i�t'! OFFICE OF THF CITY COIINCIL
�
Committee Repor�
i�an�e, l�ana�ementL & Pers�nnel Committee.
July 10, 1986
1. Appr va of minutes from meeting held July 3, 1986. avproved
\ 2. Reso ut on approving 1986-1989 Labor Agreenent between the City of Saint
Paul an Twin City CarpenCers District Council. avnroved
, 3. Res� �t n ap��p�fng 1486-1989 Maintenance Laboz �e�ment between the Citq �
� as8 ri �'��o��, ?t,etr�e�s�ns, Ce�ent Blocklayers and Tuck-Pbf�iters,
Laca� . oa� �`:• 1. 8A'Prpved .
� 4. Reso ut n approving 1986-1989 Maintenance Labor Agreement between the City
and pe tive Plasterers and Cement Ma.sons International Association Local
No. 0. approved
� 5. Reso ut' n approving 1986-1989 Maintenance Labor Agreenent between the City
and pe tive Plasterers and Cement Mason International Association Local
..No. 60. _.._ aPProved _.. _ _. .�_ _ _—__ . _- -
`�'6. Reso ut' n amending the Civil Service Rules concerning Overtime Compensation
to c nf to the Fair Labor Standards Act. approved
�' 7. Reso ut' n establishing the rate of pay for Water Production Operations
Supe vi r in tfie Salary Plan and Rates of Compensation Resolution. approved
~ 8: Reso ut' n establishing the rate of pay for Volunteer Coordinator in the
Sala y an and Rates of Compensation Resolution. approved
; 9. Reso ut' n amending the Salary Plan and Rates of Compensation Resolution '
conc rn' g Environmental Health Technician. approved
10. Reso t' n approving a settlement between the Saint Paul Police Federation
and t e olice Department, Chief McCutcheon, the Mayor, the Council and the
City of aint Paul pertaining to drug testing policies. approved
° 11. Resol ti n amending the 1986 Special Funds Budget by adding $1,785,98Z to
the Fina cing Plan and to the Spending Plan for the Job Training Partnership
Act P og am. approved
. 12. Resol ti n amending the 1986 budget by adding $2,026 to the Financing Plan
and t t e Spending Plan for Special Projects - General Government, Government
Respo si eness Program. approved �
13. Resol ti n amending the 1986 budget by adding $168,843 to the Financing Plan
and t t e Spending Plan for City Property Management Fund - Hill Street
Wareh us . laid over to 7/17
CTTY HALL SEVENTH FLOOR SALNT PAUL,MINNESOTA 55102
�s46