86-977 WHITE - CITV CLERK
' PINK - FINANCE GITY OF SAINT PAUL Counc.il
CANARV - DEPARTMENT O� � ��/�
�B l U E - M A V O R F I 1 C N O. Q !
Council Resolution
Present By
Referred T � �� L-L Committee: Date � � � �
Out of Co mit e By Date
RES LV , that the Council of the City of Saint Paul hereby approves
and rati ie the attached Maintenance Labor Agreement between the City of
Saint Pa 1 d the Operative Plasterers and Cement Masons International
Associat on Local 20.
COUNC[ ME Requested by Department of:
Yeas p�gW ays
� P CE
Nicosia [n Favor
Rettman �
Scheibel
Sonnen __ AgBiDSt
Tedesco
Wilson ��� � �
� Form pprov by Attorney
Adopted by Cou cil Date
Certified Pass b unci S r a BY �
By�
Appro y Ma or: Da J�L J b �� Appro e b Mayor for Sub si o ncil
By _ _ s
PUBLISHEQ �U G 2 1"98�
Personnel Offi I DEPARTMENT U` �`�� No 4149
Jim Lom�aardi • j CONTACT
7301 i PHONE
6-11-86 DATE 1 e�� ,, �
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ASSIG NUMBER F0 RO TING ORDER Cli All Locations for Si nature :
Department �irec or 3 Director of Management/Mayor
Finan e and ana ement Services Director 4 City Clerk
B et Dired or
ity Attorn�
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WHAT WILL BE AC EV BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/
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Rationale) :
This resoluti� a proves the 1986-1989 Agreement between the City and Plasterers Local 20.
The changes i� th new Agreement are shown on the attached sheet.
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; �� �� RECElVE�
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JUN131986
COST/BENEFIT B DGE ARY AND PERSONNEL IMPACTS ANTICIPATED: nF � ���� ��TY At�ORNEY
$��840 each y ar. City has only one employee. ' a`�''' " �'�
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FINANCING SOURI A D BUDGET ACTIVITY NUMBER CHARGED OR CREDIT�D: (Mayor s signa-
ture not re-
Total Amoun� of Transaction: quired if urrder
' $10,00Q)
Funding Sou� e•
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Activity N I be
ATTACNMENTS ! st nd Number All Attachments :
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1 . Resoluti� n
2. Copy fo� Ci Clerk
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DEPA MENT RE IEW CITY ATTORNEY REVIEW
es No ! Cou cil Resolution Required? Resolution Required? Yes No
Yes �o � In rance Required? Insurance Sufficient? Yes No
Yes t/�do � In rance Attached:
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i (SEE REVERSE SIDE FOR INSTRUCTIONS)
Revised 12/8�
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HOW TO USE THE G�EN SHEET
The GREEN SHEET has several PURPOSES:
1, to assist in routing documents and in securing required signatures
�. to brief the reviewers of documents on the impacts of approval
3. to help ensure that necessary supporting materials are prepared, and, if
required, attached.
Providing complete information under the listed headings enables reviewers to make
decisions on the documents and eliminates follow-up contacts that may delay execution.
The COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS heading provides space to explain
the cost/benefit aspects of the decision. Costs and benefits related both to City
budget (General Fund and/or Special Funds) and to broader financial impacts (cost
to users, homeowners or other groups affected by the action) . The personnel impact
is a description of change or shift of Full-Time Equivalent (FTE) positions.
If a CONTRACT amount is less t�ian $,1,0,000, the Mayor's signature is, not required,
if the department director �igns. A cont,ract must always be fixst signed by the
outside agency before routing through City offices.
Below is the preferred ROUTING for the five most frequent types of documents:
CONTRACTS (assumes authorized budget exists)
1. Outside Agency 4. Mayor
2. Initiating 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 Management/Mayor
4. Budget Director 4. City Clerk
5. City Clerk
6. Chief Accountant, F&MS
COUAiCIL RESOLUTION (Amend. Bdgts./Accept. Grants) COUNCIL RESOLUTION (all others)
l. Department Director 1. Initiating Department
2. Budget Director 2. City Attorney
3. City Attorney 3. Director of Management/Mayor
4. Director of Management/Mayor 4. City Clerk
5. Chair, Finance, Mngmt. & Personnel Com. 5. City Council
6. City Clerk
7. City Council
8. Chief Accountant, F&MS
SUPPORTING MATERIALS. In the ATTACHMENTS section, identify all attachments. If the
Green Sheet is well done, no letter of transmittal need be included (unless signing
such a letter is one of the requested actions) .
Note: If an agreement requires evidence of insurance/co-insurance, a Certificate of
Insurance should be one of the attachments at time of routing.
Note: Actions which require City Council Resolutions include:
1. Contractual relationship with another governmental unit.
2. Collective bargaining contracts.
3. Purchase, sale or lease of land.
4. Issuance of bonds by City.
5. Eminent domain.
6. Assumption of liability by City, or granting by City of indemnification.
7. Agreements with State or Federal Government under which they are providing
funding.
8. Budget amendments.
. . � �G _ �7�
198 -1 89 Agreement between the City and Plasters Local 20.
1 . A ticle 15 - Holidays - Minor Holidays worked at straight time.
2. Alticle 28 - Severance Pay. Clarification of $6,500 maximum payment.
3. W ges: Total package increase of $1 .50 per hour each year. This
is based on the outside union settlement.
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June, 1986 THROUGH MAY, 1989
MAINTENANCE LABOR AGREEMENT
- between -
THE CITY OF SAINT PAUL
- and -
OPERATIVE PLASTERERS AND CEMENT
MASONS INTERNATIONAL ASSOCIATION
LOCAL 20
l�1 0'�'� ��
I N D E X
ARTICL TITLE PAGE
�, Preamble iii
I Purpose 1
'_ II Recognition 2
III Employer Rights g
IV Union Rights 4
V Scope of the Agreement S
�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 1�
XVII Absences From Work lg
XVIII Seniority 19
XIX Jurisdiction 20
� Separation 21
XXI Tools 22
XXII Grievance Procedure 23
XXIII Right of Subcontract 27
XXIV Non-Discrimination 28
XXV Severability 29
XXVI Waiver 30
XXVII Mileage 31
XXVII Severance Pay 32
XXIX Duration and Pledge 34
Appendix A A1
Appendix B gl
Appendix C C1
Appendix D D1
Appendix E E1
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�������
P R E A M B L E
This AGREEMENT is entered into between the City of Saint Paul,
,
� herein ft r referred to as the EMPLOYER and the Operative Plasterers and
Cement Ma ons International Association Local 20 hereinafter referred to as
the UN ON
The EMPLOYER and the UNION concur that this AGREEMENT has as its
object ve the promotion of the responsibility of the City of Saint Paul for
the be ef t of the general public through effective labor-management
cooper ti n.
The EMPLOYER and the UNION both realize that this goal depends not
only o t e words in the AGREEMENT but rather primarily on attitudes between
people at all levels of responsibility. Constructive attitudes of the
EMPLOY R, the UNION, and the individual employees will best serve the needs
of the ge eral public.
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ARTICL I - PURPOSE
1.1 T e LOYER and the UNION agree that the purpose for entering into
- t is GREEMENT is to:
, 1 11 chieve orderly and peaceful relations, thereby
establishing a system of uninterrupted operations
nd the highest level of employee performance that
is consistent with the safety and well-being of
11 concerned;
1 12 Set forth rates of pay, hours of work, and other
conditions of employment as have been agreed upon
y the EMPLOYER and the UNION;
1 13 stablish procedures to orderly and peacefully
resolve disputes as to the application or inter-
retation of this AGREEMENT without loss of manpower
roductivity.
1.2 T e LOYER and the U1vI0N agree that this AGREEMENT serves as a supplement
t 1 gislation that creates and directs the EMPLOYER. If any part of
t is GREEMENT is in conflict with such legislation, the latter shall
p ev il. The parties, on written notice, agree to negotiate that part
i c flict so that it conforms to the statute as provided by Article
2 ( EVERABILITY) .
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ARTICLE II - RECOGNITION
2. 1 The EMPLOYER recongnizes 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-476-A
dated April 13, 1973.
2.2 The classes of positions recognized as being exclusively represented by
the UNIOr are as listed in Appendix A.
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ARTIC E II - EMPLOYER RIGHTS
3.1 he EMPLOYER retains the right to operate and manage all manpower,
ac lities, and equipment; to establish functions and programs; to set
� nd amend budgets; to determine the utilization of technology; to
st blish and modify the organizational structure; to select, direct
nd determine the number of personnel; and to perform any inherent
an gerial function not specifically limited by this AGREEMENT.
3.2 y "term or condition of employment" not established by this AGREEMENT
ha 1 remain with the EMPLOYER to eliminate, modify, or establish
ol owing written notification to the UNION.
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ARTICLE IV - UNION RIGHTS
4. 1 The EMPLOYER shall deduct from the wages of employees who authorize
such a deduction in writing an amount necessary to cover monthly UNION
dues. Such monies deducted shall be remitted as directed by the UNION. -
4.11 The EMPLOYER shall not deduct dues from the wages of
employees covered by this AGREEMENT for any other
labor 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 rights and responsibilities
as designated in Article 22 (GRIEVANCE PROCEDURE) .
4.3 Upon notification to a designated EMPLOYER supervisor, the Business
Manager of the UNION, or his designated representative shall be permitted
to enter the facilities of the EMPLOYER where employees covered by this
AGREEMENT are working.
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ARTIC E - SCOPE OF THE AGREEMENT
5. 1 hi AGREEMENT establishes the "terms and conditions of employment"
ef ed by M.S. 179.63, Subdivision 18 for all employees exclusively
� ep esented by the UNION. This AGREEMENT shall supersede such "terms
� nd conditions of employment" established by Civil Service Rule,
ou cil Ordinance, and Council Resolution.
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ARTICLE VI - 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 reasons(s) for such termina-
tion, 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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ARTIC E � I - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 he MPLOYER and the UNIOh are in full agreement that the philosophy of
mp yment and compensation shall be a "cash" hourly wage and
' in stry" fringe benefit system.
7.2 he MPLOYER shall compensate employees for all hours worked at the
as hourly wage rate and hourly fringe benefit rate as found in
rt cle 12 (WAGES) and Article 13 (FRINGE BENEFITS) .
7.3 o ther compensation or fringe benefit shall be accumulated or earned
y employee except as specifically provided for in this AGREEMENT;
xc pt those employees who have individually optioned to be "grandfathered"
s rovided by 12.2.
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ARTICLE VIII - HOURS OF WORK
8.1 The normal work day shall be eight (8) consecutive hours per day,
excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m.
and 5:30 p.m. _
8.2 The normal work week shall be five (5) consecutive normal work days -
Monday through Friday.
8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER'S
judgment to establish second and third shifts or a work week of other
than Monday through Friday, the UNION agrees to enter into negotiations
immediately to establish the conditions of such shifts and/or work
weeks.
8.4 This section shall not be construed as, and is not a guarantee of, any
hours of work per normal work day or per normal work week.
8.5 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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ARTIC E X - OVERTIME
9.1 11 overtime compensated for by the EMPLOYER must receive prior
ut orization from a designated EMPLOYER supervisor. No overtime work
: la m will be honored for payment or credit unless approved in advance.
vertime claim will not be honored, even though shown on the time
ar , unless the required advance approval has been obtained.
9.2 he overtime rate of one and one-half (1}) the basic hourly rate shall
e aid for work performed under the following circumstances:
9.2 Time worked in excess of eight (8) hours in any one
normal work day and,
9.2 Time worked on a sixth (6th) day following a normal
work week.
9.3 he overtime rate of two (2) times the basic hourly rate shall be paid
for work performed under the following circumstances:
9.3 Time worked on a holiday as defined in Article 15
(HOLIDAYS) ;
9.3 Time worked on a seventh (7th) day following a
normal work week; and
9.3 Time worked in excess of twelve (12) consecutive
hours in a twenty-four (24) hour period, provided,
that all "emergency" work required by "Acts of God"
shall be compensated at the rate of one and one-half (1}) .
9.4 Fo the purposes of calculating overtime compensation overtime hours
wo ed shall not be "pyramided", compounded, or paid twice for the same
ho s worked.
9.5 Qv time hours worked as provided by this ARTICLE shall be paid in cash
or n compensatory time at the option of the EMPLOYER.
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ARTICLE X - CALL BACK
10.1 The EMPLOYER retains the right to call back employees before an
enployee 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 sub�ect to
the minimum established by 10.2 above.
10.4 Employees called back four (4) hours or less prior to their normal work
day shall complete the normal work day and be compensated only for the
overtime hours worked in accordance with Article 9 (OVERTIME) .
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ARTI LE I - WORK LOCATION
11.1 Emp oyees shall report to work location as assigned by a designated
EMP OYER supervisor. During the normal work day employees may be
� ss gned to other work locations at the discretion of the EMPLOYER.
: 11.2 mp oyees assigned to work locations during the normal work day, other
ha their original assignment, and who are required to furnish their
wn transportation shall be compensated for mileage.
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ARTICLE XII - WAGES
12. 1 The basic hourly wage rates as established by Appendix C shall be paid
for all hours worked by an employee. ,
12.2 Employees who are covered by the fringe benefits listed below shall
continue to be covered by such benefits. They shall be subject to all
other provisions of the AGREEMENT, but shall not have hourly fringe
benefit contributions and/or deductions made on their behalf as
provided for by Article 13 (FRIrGE 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 June 1, 1978.
In order to be eligible for the health benefits under the
early retiree provision, the employee must:
12.21. 1 Be receiving benefits from a public employee
retirement act at the time of retirement.
12.21.2 Have severed his relationship with the City of
Saint Paul under one of the early retiree plans.
12.21.3 Inform the Personnel Office of the City of
Saint Paul in writing within 60 days of employee's
early retirement date that he or she wishes to be
eligible for early retiree insurance benefits.
12.22 Sick Leave as established by the Civil Service Rules,
Section 20.
12.23 Vacation as established by the Saint Paul Salary Plan and
Rates of Compensation, Section I, Subdivision H.
12.24 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 XVIII
of this Agreement.
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ARTIC E I - WAGES (continued)
12.3 eg ar employees not covered by the fringe benefits listed in Article
12.2 shall be considered, for the purpose of this AGREEMENT, partici-
� pati g employees and shall be compensated in accordance with Article
12.1 (WAGES) and have fringe benefit contributions and/or deductions
de on their behalf as provided for by Article 13 (FRINGE BENEFITS) .
12.4 P ov sional, temporary, and emergency employees shall be considered,
f r he purposes of this AGREEMENT, participating employees and shall
b c mpensated in accordance with Article 12.1 (WAGES) and have fringe
b ne it contributions and/or deductions made in their behalf as
p ov ded for by Article 13 (FRINGE BENEFITS) .
12.5 A 1 gular employees employed after February 15, 1974, shall be
c ns ered, for the purpose of this AGREEMENT, participating employees
a d all be compensated in accordance with Article 12.1 (WAGES) and
h ve ringe benefit contributions and/or deductions made on their
b ha 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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ARTI LE IV - SELECTION OF FOREMAN AND GENERAL FOREMAN
14.1 The section of personnel for the class of position of Foreman shall
re in solely with the EMPLOYER.
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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 X (CALL BACK) .
15.5 Participating employees as defined in Articles 12.3, 12.4 and 12.5 assigned to
work on Martin Luther King Day, President's Day, Columbus Day or Veteran's Day
shall be compensated on a straight time basis for such hours worked.
15.6 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 depart-
ment permits, or he shall be paid on a straight time basis for such hours
worked, in addition to his regular holiday pay. If an employee other than a
participating employee entitled to a holiday is required to work on New Year's
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas
Day, he shall be recompensed for work done on this day by being granted
compensatory time on a time and one-half basis or by being paid on a time and
one-half basis for such hours worked, in addition to his regular holiday pay.
Eligibility for holiday pay shall be determined in accordance with Section I,
Subsection I of the St. Paul Salary Plan and Rate of Compensation.
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ARTIC E I - DISCIPLINARY PROCEDURES
16. 1 he LOYER shall have the right to impose disciplinary actions on
, mp yees for just cause.
16.2 is 'plinary actions by the EMPLOYER shall include only the following
ct ns:
6. 1 Oral reprimand.
6. Written reprimand.
6. Suspension.
6. Demotion.
6. Discharge.
16.3 mp yees who are suspended, demoted, or discharges shall have the
ig to request that such actions be reviewed by the Civil Service
o 'ssion or a designated Board of Review. The Civil Service
o ssion, or a designated Board of Review, shall be the sole and
xc sive means of reviewing a suspension, demotion, or discharge. No
pp 1 of a suspension, demotion, or discharge shall be considered a
' gr vance" for the purpose of processing throught the provisions of
rt le 22 (GRIEVANCE PROCEDURES) .
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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 grounds for discipline as •
provided in Article I6 (DISCIPLINARY PROCEDURES) .
17.3 Failure to report for work without notification for three (3)
consecutive normal work days may be considered a "quit" by the EMPLOYER
on the part of the employee.
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ARTIC E III — SENIORITY
18.1 en ority, for the purposes of this AGREEMENT, shall be defined as
ol ws:
8. 1 "Master Seniority" — the length of continuous regular
and probationary service with the EMPLOYER from the
: last date of employment in any and all class titles
covered by this AGREEMENT.
8.1 "Class Seniority" — the length of continuous regular
and probationary service with the EMPLOYER from the
date an employee was first appointed to a class title
covered by this AGREEMENT.
18.2 S ni rity shall not accumulate during an unpaid Ieave of absence,
e ce t when such a leave is granted for a period of less than thirty
( 0) calendar days; is granted because of illness or injury; is granted
t a low an employee to accept an appointment to the unclassified
s rvi ce of the EMPLOYER or to an elected or appointed full—time position
w th the UNION.
18.3 S ni ity shall terminate when a employee retires, resigns, or is
d sc rged.
18.4 I t event it is determined by the EMPLOYER that it is necessary to
reduc the work force employees will be laid off of class title within
each epartment based on inverse length of "Class Seniority". Employees
la d ff shall have the right to reinstatement in any lower—paid class
ti le previously held, provided, employee has greater "Master Seniority"
th n he employee being replaced.
18.5 Th s lection of vacation periods shall be made by class title based on
le gt 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 �ppropriate subject for determination by the various _
unions representing employees of the EMPLOYER.
19.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction
by any 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 Sections 19.2 and 19.3 above shall be sub�ect 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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ARTIC E - SEPARATION
20.1 mp oyees having a probationary or regular employment status shall be
on idered separated from employment based on the following actions:
. 0. 1 Resignation. Employees resigning from employment
shall give written notice fourteen (14) calendar
days prior to the effective date of the resignation.
0. 2 Discharge: As provided in Article 16.
0. 3 Failure to Report for Duty: As provided in Article 17.
20.2 mp yees having an emergency, temporary, or provisional employment
ta s may be terminated at the discretion of the EMPLOYER before the
om etion of a normal work day.
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ARTICLE �XI — TOOLS
21.1 All employees shall personally provide themselves with the tools of the
trade as listed in Appendix B.
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ARTIC E II - GRIEVANCE PROCEDURE
22.1 e EMPLOYER shall recognize Stewards selected in accordance with UNION
" ul s and regulations as the grievance representative of the bargaining
ni . The UNION shall notify the EMPLOYER in writing of the names of
' he Stewards and of their successors when so named.
22.2 t recognized and accepted by the EMPLOYER and the UNION that the
ro ssing of grievances as hereinafter provided is limited by the job
ut s and responsibilities of the employees and shall therefore be
cco plished during working hours only when consistent with such employee
d ti s and responsibilities. The Steward involved and a grieving
e pl yee shall suffer no loss in pay when a grievance is processed
d ri g working hours, provided, the Steward and the employee have
n ti ied and received the approval of their supervisor to be absent to
p oc ss a grievance and that such absence would not be detrimental to
t e ork programs of the EMPLOYER.
22.3 T e ocedure established by this ARTICLE shall be the sole and exclusive
p oc ure, except for the appeal of disciplinary action as provided by
1 .3, for the processing of grievances, which are defined as an alleged
v ola ion of the terms and conditions of this AGREEMENT.
22.4 Griev nces shall be resolved in conformance with the following procedure:
St 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
- 23 -
ARTICLE XXII - GRIEVANCE PROCEDURE (continued)
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.
Step 2. Within seven (7) calendar days after receiving the written
grievance a designated EMPLOYER supervisor shall meet with
the UNION Steward and attempt to resolve the grievance. If,
as a result of this meeting, the grievance remains unresolved,
the 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 -
(,/=d1,-�'7 7
ARTI LE XII - GRIEVANCE PROCEDURE (continued)
St 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 UIQION stating the EMPLOYER'S
answer concerning the grievance. If, as a result of the
written response the grievance remains unresolved, the UNION
may refer the grievance to Step 4. Any grievance not referred
to in writing by the UNION to Step 4 within seven (7) calendar
days following receipt of the EMPLOYER'S answer shall be
considered waived.
te 4. If the grievance remains unresolved, the UNION may within
seven (7) calendar days after the response of the EMPLOYER in
Step 3, by written notice to the EMPLOYER, request arbitration
of the grievance. The arbitration proceedings shall be
conducted by an arbitrator to be selected by mutual agreement
of the EMPLOYER and the UNIOr 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 (Z)
names from the panel. The UNION shall strike the first (lst)
name; the EMPLOYER shall then strike one (1) name. The
process will be repeated and the remaining person shall be
the arbitrator.
- 25 -
ARTICLE XXII - GRIEVANCE PROCEDURE (continued)
22.5 The arbitrator shall have 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 authority 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 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 final and binding on the EMPLOYER,
the UNION and the employees.
22.6 The fees and expenses for the arbitrator's services and proceedings
shall be borne equally by the II�LOYER and the UNION, provided that
each party shall be responsible for compensating its own representative
and witnesses. If either party cancels an arbitration hearing or asks
for a last-minute postponement that leads to the arbitrators making a
change, the canceling party or the party asking for the postponement
shall pay this charge. 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 -
�O`--�-�n
ARTIC E III - RIGHT OF SUBCONTRACT
23.1 he EMPLOYER may, at any time during the duration of this AGREEMENT,
on ract out work done by the employees covered by this AGREEMENT. In
" he event that such contracting would result in a reduction of the work
. or covered by this AGREEMENT, the EMPLOYER shall give the UNION a
in y (90) calendar day notice of the intention to subcontract.
23.2 e ubcontracting of work done by the employees covered by this
GR MENT shall in all cases be made only to employers who qualify in
cco dance 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-discriminatroy manner as such duties and responsibilities involve
other employees and the general public.
- 28 -
� ��-y77
ARTI E XV - SEVERABILITY
25. 1 n he event that any provision(s) of this AGREEMENT is declared to be
on rary to law by proper legislative, administrative, or judicial
- ut ority from whose finding, determination, or decree no appeal is
, ak n, such provision(s) shall be voided. Al1 other provisions shall
on inue in full force and effect.
25.2 he parties agree to, upon written notice, enter into negotiations to
la e the voided provisions of the AGREEMENT in compliance with the
eg lative, administrative, or judicial 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 under-
standings 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 -
� �- 9�7
ARTIC VII CITY MILEAGE
27.1 to obile Reimbursement Authorized: Pursuant to Chapter 33 of the
S in Paul Administrative Code, as amended, pertaining to reimbursement
of C ty officers and employees for the use of their own automobiles in
' t e erformance of their duties, the following provisions are adopted.
27.2 th d of Com utation: To be eligible for such reimbursement, all
' o fi ers and employees must receive written authorization from the
D pa tment Head.
T e 1. If an employee is required to use his/her own automobile
0 C IONALLY during employment, the employee shall be reimbursed at
t e ate of $3.00 per day for each day the employee's vehicle is
a tu lly used in performing the duties of the employee's position.
I a dition, the employee shall be reimbursed 15C per mile for each
le actually driven.
I s ch employee is required to drive an automobile during employment and
t e epartment head or designated representative determines that an
e pl yer vehicle is available for the employee's use but the employee
d si es to use his/her own automobile, then the employee shall be reim-
b rs d at the rate of 15C per mile driven and shall not be eligible
f r ny per diem.
T e 2. If an employee is required to use his/her own sutomobile
G LY during employment, the employee shall be reimbursed at the
r te of $3.00 per day for each day of work. In addition, the employee
s al be reimbursed 15C per mile for each mile actually driven.
I s ch employee is required to drive an automobile during employment
a d he department head or designated representative determines that
a e ployer vehicle is available for the employee's use but the employee
d si es to use his/her own automobile, then the employee shall be reim-
b rs d at the rate of 15C per mile driven and shall not be eligible for
a y er diem.
27.3 T e ity will provide parking at the Civic Center Parking Ramp for City
e pl yees on either of the above mentioned types of reimbursement plans
w o re required to have their personal car available for City business.
S ch parking will be provided only for the days the employee is required
t h ve his or her own personal car available.
27.4 R le and Re ulations: The Mayor shall adopt rules and regulations
g ve ning the procedures for automobile reimbursement, which regulations
a d ules shall contain the requirement that recipients shall file daily
r po ts indicating miles driven and shall file monthly affidavits stating
t e umber of days worked and the number of miles driven, and further
r qu re that they maintain automobile liability insurance in amounts of
n t ess than $100,000/$300,000 for personal injury, and $25,000 for
p op rty damage, or liability insurance in amounts not less than $300,000
s ng e limit coverage, with the City of Saint Paul named as an additional
i su ed. These rules and regulations, together with the amendment thereto,
s al be maintained on file with the city clerk.
- 31 -
ARTICLE XXVIII - SEVERANCE PAY
28.1 The employer shall provide a severance pay program as set forth
in this Article.
28.2 To be eligible for the severance pay program, an employee must meet
the following requirements:
28.21 The employee must be 58 years of age or older or must be
eligible for pension under the "rule of 85" or the "rule of 90"
provisions of the Public Employees Retirement Association (PERA) ,
The "rule of 85" or the "rule of 90" criteria shall also apply to
employees covered by a public pension plan other than PERA.
28.22 The employee must be voluntarily separated from City emplo}*ment
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 sub�ect to a maximum of $6,500.
- 32 -
��-��7
ARTIC E VIII - SEVERANCE PAY (cont.)
8. 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.
8. 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.
8. The manner of payment of such severance pay shall be made in
accordance with the provisions of City Ordinance No. 11490.
8. 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.
8.8 The provisions of this article shall be effective as of July 1, 1984.
8.9 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 AI�TD 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 31st day of May, 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 -
C,r�"��- �r77
ARTICL IX - DURATION AND PLEDGE (continued)
29.3 This constitutes a tentative agreement between the parties which
will be recommended by the City Negotiator, but is subject to the
, approval of the Administration of the City, the City Council and
is also subject to ratification by the UNION.
AG EED to this lOth day of June, 1986, and attested to as the full
and co pl te understanding of the parties for the period of time herein specified
by the si nature of the following representative for the EMPLOYER and the UNION.
WITNES ES
OPERATIVE PLASTERERS AND CEMENT MASONS
CITY 0 S INT PAUL INTERNATIONAL ASSOCIATION LOCAL 20
,���� "
, -' ,
G abor el tion Business Represent e
./ ` � izfZ,��,X/
abor el tions
�
- 35 -
APPENDIX A
The classes of positions recognized by the EMPLOYER as being exclusively
represented by the UNION are as follows:
Plasterer
Plasterer Inspector •
and other classes of positions that may be established by the EMPLOYER where
the duties and responsibilities assigned comes with 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
June 7, 1986 June 6, 1987 June 4, 1988 •
Plasterer . . . . . . . . . . . . $16.73* $17.21* $17.69*
Plasterer Inspector . . . . . . .
lst Step $16.73* $17.21* $17.69*
2nd Step 17.21* 17.69* $18. 17*
3rd Step 18.84* *** ***
The basic hourly wage rate for temporary and emergency employees appointed
to the following classes of positions shall be:
Effective Effective Effective
June 7, 1986 June 6, 1987 June 4, 1988
Plasterer . . . . . . . . . . . . $17.40* $17.90* $18.40*
Plasterer Inspector . . . . . . .
lst Step $17.40* $17.90* $18.40*
2nd Step 17.90* $18.40* $18.90*
3rd Step 19.59* *** ***
The basic hourly wage rate for regular employees appointed to the following
classes of positions who are receiving the Fringe Benefits listed in Article
12.2 shall be:
Effective Effective Effective
June 7, 1986 June 6, 1987 June 4, 1988
Plasterer . . . . . . . . . . . . $16.43 ** **
Plasterer Inspector . . . . . . .
lst Step $16.43 ** **
2nd Step $16.84
3rd Step $18.66
*These rates include the taxable vacation contribution of $1.50 per hour.
- C1 -
� pG- �'7y
APPEND X (cont.)
**The une 6, 1987 and June 4, 1988 hourly wage rates in this contract will be the rates
as s o below less the cost of sick leave usage for 1986 and 1987 and less the cost
of h al h and life insurance for the periods May, 1986 thru April, 1987 and May, 1987
. thru Ap il, 1988 respectively and vacation and pension costs for 1987 and 1988
resp ct vely incuzred by the employer for employees in this bargaining unit.
June 6, 1987 June 4, 1987
Plasterer $21.12 $21.62
Plasterer Inspector
lst Step $21.12 $21.62
2nd SteP $21.62 $22.12
3rd Step Average of the 1987 and 1988 respective total
package rates used by the City for Carpenter
Foreman, Electrician Foreman, Sheet Metal Worker
Foreman, Plumber Foreman and Plasterer Foreman.
***The J ne 6, 1987 and June 4, 1988 temporary and emergency 3rd step hourly wage rates
shall be the average of the 1987 and 1988 temporary and emergency rates used for the
Carpe te Foreman, Electrician Foreman, Plumber Foreman, Plasterer Foreman and
Sheet Me al Foreman.
The June 6, 1987 and June 4, 1988 regular without benefit 3rd step rates shall be the
temporar a emergency rate divided by 1.04.
All Plas er Inspectors shall be paid the appropriate step in accordance with Section I
(one) , S bse tion J of the St. Paul Salary Plan and Rate of Compensation.
- C2 -
APPENDIX D
Effective June 1, 1986, the EMPLOYER shall:
(1) contribute $1.50 pes hour from which payroll deductions have been
made for all hours worked by participating employees as defined in �
Articles 12.3, 12.4 and 12.5 of this AGREEMENT for a UNION designated
Vacation Fund.
(2) contribute $1.80 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGREEMENT to a Welfare Fund.
(3) contribute $1.40 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGREEMENT to the Pension Fund.
(4) contribute $ .02 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 of this
AGREEMENT to the Journeyman and Apprenticeship Training Fund.
All contributions and deductions made in accordance with this Appendix shall
be forwarded to depositories as directed by the UNION.
The EMPLOYER shall establish Workman's Compensation and Unemployment Compensation
programs as required by Minnesota Statutes.
The EMPLOYER'S fringe benefit obligation to participating employees as
defined in Articles 12.3, I2.4 and 12.5 is limited to the contributions
and/or deductions established by this AGREEMENT. The actual level of benefits
provided the EMPLOYEES shall be the responsibility of the Trustees of the
various funds to which the EMPLOYER has forwarded contributions and/or
deductions.
- D1 -
��G -��7
APPENDI D Continued)
The abo e c ntributions may be changed as agreed to by both parties, however
the tota p ckage (base rate plus fringe benefit contributions) cannot
exceed t e otal package rate listed in Appendix "C".
- D2 -
APPENDIX E
WORKING CONDITIONS FOR PLASTERER INSPECTOR
As a result of the 1974 settlement, the Parttes have established
craft-determined rates for Plasterer Inspectors, with the specific under-
standing that such agreement is restricted to establishing rates of pay for
such classifications.
It is, consequently, agreed that the Employer in applying Article
III - EMPLOYER RIGHTS of the MAINTENANCE LABOR AGREEMENT, shall have the
right to operate the Department in the same manner as heretofore, with
management rights unaffected, and that the establishment of separate rates
for these classifications as well as for Inspector classifications in other
Bargaining Units, may not result in disputes over assignments or over rates
of pay for work performed, nor will any �urisdictional claims or restrictions
be asserted by the UNION because members of various Inspector classifications
are assigned to work which is also performed by other Inspector classifications.
- E1 -
<�� �
� �; �_ . --r
_ . _ � "(� � -y�r
- , ;�. , '��, CITY OF SAINT PAUL
::! ..�i^'_-�j;jyj•1,
<, '�i�i-i,�:ul OFFICE OF THF CITY COIIN'CIL
�'g. .
Committee Report
F_:i� n �ana em.ent � Pers�nnel Comn�ittee.
� Juiy lo, 19s6
1. Approval o m nutes from meeting held July 3, 1986. avproved
� 2. Resolutio ap roving 1986-1989 Labor Agreenent between the City of Saint
Paul and wi City Carpenters District Council. avvroved ,
3. Resolutio a proving 1986-1989 Maintenance Labor Agreement between the City �
' and Brick ay rs, Masons, Marblemasons, Cement Blocklayers and Tuck-Pointers,
Local'Uni n o. 1, approved -
� 4. Re$olut n proving 1986-1989 Maintenance Labor .Agreement bat�teea,the Citq
and Ope�} ti Plasterers and Cement Masons International Association Local
No. 20. �! :PProved
�' S. Resoluti n pproving 1986-1989 Maintenance Labor Agreenent between the City
and Oper ti e Plasterers and Cement Mason International Association Local
No. 560. �-� --approved - --
�'6. Resolut on amending the Civil Service Rules concerning Overtime Compensation
to conf rm to the Fair Labor Standsrds Act. approved
,' 7. Resolutio establishing the rate of pay for Water Production Operations
Superv'so in the Salary Plan and Rates of Compensation Resolution. appXOVed
� 8: Resolu io establishing the rate of pay for Volunteer Coordinator in the
Salary P1 n and Rates of Compensation Resolution. approved
, 9. Resolu io amending the Salary Plan and Rates of Compensation Resolution
conce ni Environmental Health Technician. approved
10. Resol ti n approving a settlement between the Saint Paul Police Federation
and t e olice Department, Chief McCutcheon, the Mayor, the Council and the
City f aint Paul pertaining to drug testing policies. approved
- 11. Reso ut' n amending the 1986 Special Funds Budget by adding $1,785,981 to
the in cing Plan and to the Spending Plan for the Job Training Partnership
Act ro ram. approved
. 12. Reso ut on amending the 1986 budget by adding $2,026 to the Financing Plan
and to he Spending Plan for Special Projects - General Government, Government
Res on 'veness Program. approved �
13. Res lu ion amending the 1986 budget by adding $168,843 to the Financing Plan
and to the Spending Plan for City Property Management Fund - Hill Street
War ho se. laid over to 7/17
CITY HALL SEVENTH FLOOR SAINT PAUL,MI,i TNESOTA SSI02
a�,.ie