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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 � �`< < �- , 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. i � I � I ii I I il � � �I .'� � � � -- 9�� 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 - ii - r, . � �d'�-�r�7lv 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. - iii - .� � . � �-y�>� � 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) . - 1 - , 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. - 2 - ,, � � � �'�-�7� _ 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. _ - 3 - � 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. - 4 - ' �4�- ��� � 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. - 5 - 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. - 6 - '� �-�- �� , 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. - 7 - ( 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. - 8 - .'� � �� -y�� ' 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. - 9 - � 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) , - 10 - � � �G- �7� � 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. - 11 - 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. - 12 - . ��_�y� ' 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) . - 13 - 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. - 14 - '� , ����y�� 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. , - 15 - t 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. - 16 - . ��-�>� 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) . - 17 - 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. - 18 - � , ��-�r,d 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. - 19 - 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. - 20 - . � ���-��� 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. � - 21 - ARTICLE XfiI - TOOLS � 21. 1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. - 22 - 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