86-978 NiNITE - C�TY CL RK
PINK - FINANC G I TY OF SA I NT PA LT L Council
CANARV - DEPAi7T EN File NO. �� `���
BLUE - MAVOR
Council Resolution �
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Presented y �� it��
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Referr d ��/ ����L-� Committee: Date �' 1��
Out of Co mittee By Date
S VED, that the Council of the City of Saint Paul hereby approves and
ratif es he attached Maintenance Labor Agreement between the City of Saint
Paul nd he Operative Plasterers' and Cement Masons' International Association
Local 56 .
COUNC LM N Requested by Department of:
Yeas preW Nays �
Nicosia lCE
Rettma
[n Favor
Scheibe
Sonnen __ Ageinst
Tedesc
Wilson JUL i 7 1986
Form pprov d by ity Attorney
Adopted by Co nci Date
Certified Yas ouncil S tary/'� BY
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Appro M vor: Date �U� j � � Approv by Mayor for S mis ' n Council
sy _
PUBtISHE� QU G 2 1986
i .,, �r
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Personnel Off ye DEpARTMENT (i+r`" OG-�a N� _ Q5�0''� "
Jim Lombardi ! �_, __ CONTACT
4221 i PHONE
6-11-86 DATE e�� �r
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ASSI ER OUTIN� ORDER Cli A1.1 Locations for Si nature :
Departmen `Di ctor 3 Director' of Management/Mayor
F'nance a agement Services Director � � City Cle rk
,
udget, Di ct
City At�o ey
WHAT WILL BE I ED BY TAKING ACfiION ON THE ATTAC+IED MATERIALS? (Purpose/
Rationale) :
This resolutio 'ap oves the 1986-1989 Agreement between the°City and Cement Masons, Local
560. The cha� s : ' this new Agreement are shown on the attached sheet.
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� r�ECCir��� RECEI��E� .
! �����° U N � C�
�e` � JUN 1 31986
COST BENEFIT UD TARY ANO PERSONNEL IMPACTS ANTICIPATED�AYOIR'S O�FICE
CITY ATTORNEY
$635 per yea I he City has one employee who works as a Cement Finisher part-time.
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FINRNCING SOU E D BUDGET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa-
ture not re-
Tota1 Amou o "Transaction; quired if under �.
" $10,000)
Fu�ding So ce .
Activity N be : .
ATTACHMENTS st and Number All Attachments :
1 . Resolutio '
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2. Copy for I ty Ierk
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DEP TMENT RE IEW CITY ATTORNEY RE�I�EW
Yes No Cnu cil Resolution Required? � Resolution Required? Yes No
Yes 1/tdo Ins rance Required? Insurance Sufficient? Yes No
Yes VNo In rance Attached:
� (SEE •REVERSE SIDE FOR INSTRUCtIONS)
Revised 12/8 � . . . .
• _ .. HOW TO USE THE GREEN SHEET � -
The GREEN SHEE�T has several PURPOSES: ' ' � � '
1. to assist in routing documents and in securing required signatures
2. to br�.ef the reviewers of documents on tk�e impacts of approval
3. to help ensure that necessary supporting materials are prepared, and, if
- required, attached. � �
Providing complete informa'tion under the listed headings enables reviewers to make
decisions on the documents and eliminates follow-up contacts that may delay execution.
The COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS heading provides space to explain
� the cost/benefit aspects of the decision. Costs and�benefits related both to City
budget (General Fund and/or Special Funds) and to broa�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) positione. �
If a CONTRACT amount is less than $10,000,, the, Ma.yor's signature. is not required,
if the department director signs. A contract must always be first signed by the ,
outside agency before routi.nq through City offices.
Below is the preferred RpUTING for the five most frequent types of documents:
CONTRAC'FS (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 1. Initiating Department
2. Department Accountant 2. City Attorney
3. Department Director 3. Director of Management/Mayor
4. Budget Director 4. City Clerk '
5. City Clerk •
6. Chief Accountant, F&MS
COUNCIL RESOLUTION (Amend. Bdgts./Accept. Grants) COUNCIL RESOLUTION (all others)•
1. Department Director 1. Initiating Department
2. Budget Director 2. City Attorney
3. City Attorney 3. Director of Management/Mayor
4. Director of Management/Mayor 4. City�Clerk
5. Chair, Finance, Mngmt. & Personnel Com. 5. City Council
6. City Clerk
7. City Council
8. Chief Accountant, �&MS
SUPPORTING MATERIALS. Zn 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 eviderice 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 goverrm�ental 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 granting by City of indemnific�tion. :
7. Agreements with State or Federal Gover�ent under which they are providinq
fundinq.
8. Budqet amendments. . ,
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MAY, 1986 THRU APRIL, 1989
MAINTENANCE LABOR AGREEMENT
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THE CITY OF SAINT PAUL
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OPERATIVE PLASTERERS' AND CEMENT MASONS'
INTERNATIONAL ASSOCIATION, LOCAL 560
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INDEX
ARTIC E TITLE PAGE
Preamble iii
I Purpose 1
II Recognition 2
III Employer Rights 3
IV Union Rights 4
V Scope of Agreement 5
�I Probationary Periods 6
�II Philosophy of Employment and Compensation 7
VIII Hours of Work 8
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 2g
XXIII Right of Subcontract 2�
XXIV Non-Discrimination 28
XXV Severability 29
XXVI Waiver 30
XXVII City Mileage Plan 31
XXVII Severance Pay g2
XXIX Duration and Pledge 34
Appendix A A1
Appendix B B1
Appendix C C1
Appendix D D1
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P R E A M B L E
• This AGREEMENT is entered into between the City of Saint Paul,
, herei af er referred to as the EMPLOYER and Operative Plasterers' and
Cemen sons' International Association of the United States and Canada,
Local 56 , hereinafter referred to as the UNION,
The EMPLOYER and the UNION concur that this AGREEMENT has as its
objec iv the promotion of the responsibilities of the City of Saint Paul
for t e enefit of the general public through effective labor-management
coope at on.
The EMPLOYER and the UNION both realize that this goal depends not
only n he words in the AGREEMENT but rather primarily on attitudes between
peopl a all levels of responsibility. Constructive attitudes of the CITY,
the IO , and the individual employees will best serve the needs of the
gene al ublic.
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. ARTIC E - PURPOSE
1. 1 he EMPLOYER and the UNION agree that the purpose for entering into
hi 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;
1.1 Set forth rates of pay, hours of work, and other conditions of
employment as have been agreed upon by the II�IPLOYER and the UNION;
1.1 Establish procedures to orderly and peacefully resolve disputes as
to the application or interpretation of this AGREEMENT without
loss of manpower productivity.
1.2 he EMPLOYER and the UNION agree that this AGREEMENT serves as a
up lement to legislation that creates and directs the EMPLOYER. If any
ar of this AGREEMENT is in conflict with such legislation, the latter
ha 1 prevail. The parties, on written notice, agree to negotiate that
ar in conflict so that it conforms to the statute as provided by
rt cle 25 (SEVERABILITY) .
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ARTICLE II - RECOGNITION
2. 1 The EMPLOYER recognizes the UNION as the exclusive representative for
collective bargaining purposes for all personnel having an employment
status of regular, probationary, provisional, temporary, and emergency
employed in the classes of positions defined in 2.2 as certified by the •
Bureau of Mediation Services in accordance with Case No. 73-PR-525-A
dated May 22, 1973.
2.2 The classes of positions recognized as being exclusively represented by
the UNION are as listed in Appendix A.
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� ARTI LE II - EMPLOYER RIGHTS
3. 1 The EMPLOYER retains the right to operate and manage all manpower,
fac 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 �LOYER 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 EPIPLOYER 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 I - PROBATIONARY PERIODS
6. 1 11 personnel, originally hired or rehired following separation, in a
eg lar employment status shall serve a six (6) month's probationary ,
er od during which time the employee's fitness and ability to perform
he class of positions' duties and responsibilities shall be evaluated. '
.1 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) .
6.1 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 A1 personnel promoted to a higher class of positions shall serve a six
(6) months' promotional probationary period during which time the
em oyee's fitness and ability to perform the class of positions'
du es and responsibilities shall be evaluated.
6. 1 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. 2 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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ARTICLE V - SCOPE OF THE AGREEMENT
5. 1 This AGREEMENT established the "terms and conditions of employment"
defined by M.S. 179.63, Subdivision 18 for all employees exclusively
represented by the UNION. This AGREEMENT shall supersede such "terr�s
and conditions of employment" established by Civil Service Rule,
Council Ordinance, and Council Resolution.
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� ARTIC E I - PHILOSOPHY OF EMPLOI'2�fElr'T AND COMPENSATION
7. 1 he MPLOYER and the UNION 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 LOYER shall compensate employees for all hours worked at the
as c hourly wage rate and hourly fringe benefit rate as found in
rt cles 12 (WAGES) and 13 (FRINGE BENEFITS) .
7.3 o 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
'gr ndfathered" as provided by 12.2.
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ARTICLE VIII - HOURS OF WORK
8. 1 The normal work day shall be eight (8) consecutive hours per day,
excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. .
and 5:30 p.m.
8.2 The normal work week shall be five (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 subject to call-back by the EMPLOYER as provided by
Article 10 (CALL BACK) .
8.7 Employees reporting for work at the established starting time and for
whom no work is available shall receive pay for two (2) hours, at the
basic hourly rate, unless notification has been given not to report for
work prior to leaving home, or during the previous work day.
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ARTI E X - OVERTIME
9.1 11 overtime compensated for by the EMPLOYER must receive prior
aut orization from a designated EMPLOYER supervisor. No overtime work
cla m will be honored for payment or credit unless approved in advance.
. An vertime claim will not be honored, even though shown on the time
car , unless the required advance approval has been obtained.
9.2 The overtime rate of one and one-half (1}) the basic hourly rate shall
be 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 The overtime rate of two (2) times the basic hourly rate shall be paid
for work performed under the following circumstances:
9. Time worked on a holiday as defined in Article 15 (HOLIDAYS) ;
9. Time worked on a seventh (7th) day following a normal work week.
9.4 For 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 Ov time hours worked as provided by this ARTICLE shall be paid in
ca .
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ARTICLE X - CALL BACK
10. 1 The EMPLOYER retains the right to call back employees before an
employee has started a normal work day or normal work week and after an
employee has completed a normal work day or normal work week.
10.2 Employees called back shall receive a minimum of four (4) hours pay at
the basic hourly rate.
10.3 The hours worked based on a call-back shall be compensated in
accordance with Article 9 (OVERTIME) , when applicable, and subject to
the minimum established by 10.2 above.
10.4 Employees called back four (4) hours or less prior to their normal work
day shall complete the normal work day and be compensated only for the
overtime hours worked in accordance with Article 9 (OVERTIME) .
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ARTI LE I - WORK LOCATION
11. 1 Em oyees shall report to work location as assigned by a designated
Em oyer Supervisor. During the normal work day employees may be
as 'gned to other work locations at the discretion of the EMPLOYER.
� 11.2 Em oyees assigned to work locations during the normal work day, other
th their original assignment, and who are required to furnish their
o transportation shall be compensated for mileage.
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ARTICLE XII - WAGES
12. 1 The basic hourly wage rates as established by Appendix C shall be paid
for all hours worked by an employee. ,
12.2 Employees who are covered by the fringe benefits listed below shall
continue to be covered by such benefits. They shall be subject to all
other provisions of the AGREEMENT, but shall not have hourly fringe
benefit contributions and/or deductions made on their behalf as provided
for by Article 13 (FRINGE BENEFITS) .
12.21 Insurance benefits as established by City of Saint Paul
Resolutions including life, hospital and health insurance
for early retirees who have retired since May 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 early retiree plans.
12.21.3 Inform the Personnel Office of the City of
Saint Paul in writing within 60 days of employee's
early retirement date that he or she wishes to be
eligible for early retiree insurance benefits.
12.22 Sick Leave as established by Resolution No. 3250, Section 20.
12.23 Vacation as established by the Saint Paul Salary Plan and
Rates of Compensation, Section I, Subdivision H.
12.24 Ten (10) legal holidays as established by the Saint Paul
Salary Plan and Rates of Compensation, Section I,
Subdivision I.
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ARTIC E II - WAGES (continued)
2. 5 Severance benefits as established by Ordinance No. 11490
with a maximum payment of $4,000 or as established by
. Article XXVIII of this Agreement.
' 12.3 eg lar employees not covered by the fringe benefits listed in Article
2. shall be considered, for the purposes of this AGREEMENT, partici-
at ng employees and shall be compensated in accordance with Article
2. (WAGES) and have fringe benefit contributions and/or deductions
ad on their behalf as provided for by Article 13 (FRINGE BENEFITS) .
12.4 ro isional, temporary, and emergency employees shall be considered,
or the purposes of this AGREEMENT, participating employees and shall
e ompensated in accordance with Article 12. 1 (WAGES) and have fringe
en fit contributions and/or deductions made in their behalf as
ro ided for by Article 13 (FRINGE BENEFITS) .
12.5 11 regular employees employed after February 15, 1974, shall be
con idered, for the purpose of this AGREEMENT, participating employees
nd shall be compensated in accordance with Article 12.1 (WAGES) and
av fringe benefit contributions and/or deductions made on their
eh lf as provided for by Article 13 (FRINGE BENEFITS) .
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ARTICLE XIII - FRINGE BENEFITS �
13. 1 The EMPLOYER shall make contributions on behalf of and/or make
deductions from the wages of employees covered by this AGREEMENT in
accordance with Appendix D for all hours worked.
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ARTIC E IV - SELECTION OF FOREMAN AND GENERAL FOREMAN
14.1 he selection of personnel for the class of position Foreman shall
em in solely with the EMPLOYER.
14.2 he class of position Foreman shall be filled by employees of the
� ar aining unit on a "temporary assignment".
14.3 11 "temporary assignments" shall be made only at the direction of a
es gnated EMPLOYER supervisor.
14.4 uc "temporary assignments" shall be made only in cases where the
la s of positions is vacant for more than one (1) normal work day.
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ARTICLE XV - HOLIDAYS
15. 1 The following ten (10) days shall be designated as holidays:
New Year's Day, January 1
Martin Luther King Day, Third Monday in January (effective 1986)
President's 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 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 Veteran's 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 this regular holiday pay. If an employee other
than a participating employee entitled to a holiday is required to work on
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day or Christmas Day, he shall be recompensed for work done on this day
by being granted compensatory time on a time and one-half basis or by being
paid on a time and one-half basis for such hours worked, in addition to his
regular holiday pay. Eligibility for holiday pay shall be determined in
accordance with Section I, Subsection I of the St. Paul Salary Plan and
Rates of Compensation.
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• ARTI LE VI - DISCIPLINARY PROCEDURES
16. 1 Th EMPLOYER shall have the right to impose disciplinary actions on
em oyees for just cause. ---
16.2 Di iplinary actions by the EMPLOYER shall include only the following
• ac ons:
16. 1 Oral reprimand.
16. 2 Written reprimand.
16. 3 Suspension.
16. 4 Demotion.
16. 5 Discharge.
16.3 Em oyees 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 of Review, shall be the sole and
exc usive means of reviewing a suspension, demotion, or discharge. No
app al of a suspension, demotion, or discharge shall be considered a
"gr evance" for the purpose of processing through the provisions of
rt cle 22 (GRIEVANCE PROCEDURE) .
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ARTICLE XVII - ABSENCES FROM WORK
17.1 Employees who are unable to report for their normal work day have the
responsibility to notify their supervisor of such absence as soon as -
possible, but in no event later than the beginning of such work day.
17.2 Failure to make such notification may be grounds for discipline as
provided in Article 16 (DISCIPLINARY PROCEDURES) .
17.3 Failure to report for work without notification for three (3)
consecutive normal work days may be considered a "quit" by the EMPLOYER
on the part of the employee.
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� ARTIC E VIII - SENIORITY
18.1 en ority, for the purposes of this AGREEMENT, shall be defined as
ol ows:
' 8. 1 "Master Seniority" - The length of continuous regular
and prebationary service with the EMPLOYER from the last
date of employment in any and all class titles covered
. by this AGREEMENT.
8. 2 "Class Seniority" - The length of continuous regular and
probationary service with the EMPLOYER from the date an
employee was first appointed to a class title covered by
this AGREEMENT.
18.2 en ority shall not accumulate during an unpaid leave of absence,
xc pt when such a leave is granted for a period of less than thirty
30 calendar days; is granted because of illness or injury; is granted
o llow an employee to accept an appointment to the unclassified
er ice of the EMPLOYER or to an elected or appointed full-time position
it the UNION.
18.3 en ority shall terminate when an employee retires, resigns, or is
is harged.
18.4 n he event it is determined by the EMPLOYER that it is necessary to
ed ce the work force employees will be laid off by class title within
ac department based on inverse length of "Class Seniority". Employees
ai off shall have the right to reinstatement in any lower-paid class
it e, provided, employee has greater "Master Seniority" than the
mp oyee being replaced.
18.5 he selection of vacation periods shall be made by class title based on
en th of "Class Seniority", subject to the approval of the EMPLOYER.
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ARTICLE XIX - JURISDICTION
19. 1 Disputes concerning work jurisdiction between and among unions is
recognized as an appropriate subject to determination by the various
unions representing employees of the EMPLOYER.
19.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction
by 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 subject to disciplinary
action as provided in Article 16 (DISCIPLINARY PROCEDURES) .
19.5 There shall be no work stoppage, slow down, or any disruption of work
resulting from a work assignment.
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• ARTI LE - SEPARATION
20. 1 Em oyees having a probationary or regular employment status shall be
co idered separated from employment based on the following actions:
� 20. 1 Resignation. Employees resigning from employment
shall give written notice fourteen (14) calendar
days prior to the effective date of the resignation.
20. 12 Discha�, As provided in Article 16.
20. 13 Failure to Report for Duty. As provided in
Article 17.
20.2 Em oyees having an emergency, temporary, or provisional employment
st us may be terminated at the discretion of the EMPLOYER before the
co letion of a normal work day.
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ARTICLE XXI - TOOLS
21. 1 All employees shall personally provide themselves with the tools of the
trade as listed in Appendix B.
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, ARTI LE II - GRIEVANCE PROCEDURE
22.1 The employer shall recognize Stewards selected in accordance with UNION
rul s and regulations as the grievance representative of the bargaining
• ni . The UNION shall notify the EMPLOYER in writing of the names of
he Stewards and of their successors when so named.
22.2 t s recognized and accepted by the EMPLOYER and the UNION that the
ro essing of grievances as hereinafter provided is limited by the job
ut es and responsibilities of the employees and shall therefore be
cc mplished during working hours only when consistent with such employee
ut es and responsibilities. The Steward involved and a grieving
mp oyee shall suffer no loss in pay when a grievance is processed
ur ng working hours, provided, the Steward and the employee have
ot fied and received the approval of their supervisor to be absent to
ro ess a grievance and that such absence would not be detrimental to
he ork programs of the EMPLOYER.
22.3 he rocedure established by this ARTICLE shall be the sole and exclusive
ro dure, except for the appeal of disciplinary action as provided b5
6. , for the processing of grievances, which are defined as an alleged
io tion of the terms and conditions of this AGREEMENT.
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ARTICLE XXII - GRIEVANCE PROCEDURE (continued)
22.4 Grievances shall be resolved in conformance with the following procedure:
Step 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 UNIOh 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 attenpt 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 UNIOh
within seven (7) calendar days following receipt of the
�LOYER'S answer shall be considered waived.
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�
�_�7�
ARTIC E XII - GRIEVANCE PROCEDURE (continued)
te 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.
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 UNIOIC within seven (7) calendar days
after notice has been given. If the parties fail to mutually
agree upon an arbitrator within the said seven (7) day period,
either party may request the Public Employment Relation Board
to submit a panel of five (5) arbitrators. Both the EMPLOYER
and the UNION shall have the right to strike two (2) names
from the panel. The UNION shall strike the first (lst) name;
the EMPLOYER shall then strike one (1) name. The process
will be repeated and the remaining person shall be the arbitrator.
- 25 -
ARTICLE XXII - GRIEVANCE PROCEDURE (continued)
22.5 The arbitrator shall have 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 way the application of laws, zules or
regulations having the force and effect of law. The arbitrator's
decision shall be submitted in writing within thrity (30) days follow-
ing 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 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
paS�s for the record.
22.7 The time limits in each step of this procedure may be extended by
mutual agreement of the EMPLOYER and the UNION.
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��- �7�
ARTIC E hIII - RIGHT OF SUBCOh'TRACT
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 e covered by this AGREEMENT, the EMPLOYER shall give the UNION a
in ty (90) calendar day notice of the intention to sub-contract.
23.2 he sub-contracting of work done by the employees covered by this
GR EMENT shall in all cases be made only to employers who qualify in
cc rdance with Ordinance No. 14013.
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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 -
, �_ ���'
�
ARTIC 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 �udicial
ut ority from whose finding, determination, or decree no appeal is
, ak n, such provision(s) shall be voided. All 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 slative, 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 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 AGREEMErTT. 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.
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� � �- �7�
ARTIC E VII - CITY MILEAGE
27.1 ut mobile Reimbursement Authorized: Pursuant to Chapter 33 of the
ai t Paul Administrative Code, as amended, pertaining to reimbursement
f ity officers and employees for the use of their own automobiles in
he performance of their duties, the following provisions are adopted.
27.2 et od of Com utation: To be eligible for such reimbursement, all
ff cers and employees must receive written authorization from the
ep rtment Head.
1. If an employee is required to use his/her own automobile
CC SIONALLY during employment, the employee shall be reinbursed at
he rate of $3.00 per day for each day the employee's vehicle is
ct ally used in performing the duties of the employee's position.
n ddition, the employee shall be reimbursed 15� per mile for each
il actually driven.
f uch employee is required to drive an automobile during employment and
he department head or designated representative determines that an
mp oyer vehicle is available for the employee's use but the employee
es res to use his/her own automobile, then the employee shall be reim-
ur ed at the rate of 15C per mile driven and shall not be eligible
or any per diem.
2. If an employee is required to use his/her own automobile
EG LY during employment, the employee shall be reimbursed at the
at of $3.00 per day for each day of work. In addition, the employee
ha 1 be reimbursed 15� per mile for each mile actually driven.
f ch employee is required to drive an automobile during employment
nd he department head or designated representative determines that
n ployer vehicle is available for the employee's use but the employee
es es to use his/her own automobile, then the employee shall be reim-
ur d at the rate of 15C per mile driven and shall not be eligible for
ny er diem.
27.3 he ity will provide parking at the Civic Center Parking Ramp for City
mp yees on either of the above mentioned types of reimbursement plans
ho re required to have their personal car available for City business.
uc parking will be provided only for the days the employee is required
o ve his or her own personal car available.
27.4 ul and Re ulations: The Mayor shall adopt rules and regulations
ov ning the procedures for automobile reimbursement, which regulations
nd ules shall contain the requirement that recipients shall file daily
ep ts indicating miles driven and shall file monthly affidavits stating
he umber of days worked and the number of miles driven, and further
eq re that they maintain automobile liability insurance in amounts of
ot ess than $100,000/$300,000 for personal injury, and $25,000 for
rop rty damage, or liability insurance in amounts not less than $300,000
ing e limit coverage, with the City of Saint Paul named as an additional
nsu ed. These rules and regulations, together with the amendment thereto,
hal 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 90" or the "rule
of 85" provisions of the Public Employees Retirement
Association (PERA) . The "rule of 90" and the "rule of 85"
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 sub�ect 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 -
� ����- ���
` 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
transfer�.e 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. The provisions of this article shall be effective as of July 1, 1984.
8. 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.
- 34 -
��_���'
ARTI LE XXIX - DURATION AND PLEDGE (continued)
29 32 The EMPLOYER will not engage in, instigate, or condone any lock-out
of employees.
29 33 This constitutes a tentative agreement between the parties which
will be recommended by the City Negotiator, but is sub�ect to the
approval of the Administration of the City and the City Council
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 representatives for the EMPLOYER
and he UNION.
WITN SS S:
CITY OF SAINT PAUL OPERATIVE PLASTERERS' AND CEMENT MASONS'
INTERNATIONAL ASSOCIATION, , AL Sb�`�
..
�
� � .
�-� -� • '� ..�� � �f-/
L bo R ion Business� nager
� '
Labo R lations
- 35 -
APPENDIX A
The classes of positions recognized by the EMPLOYER as being exclusively
represented by the UNION are as follows:
Cement Finisher
Apprentice
Building Inspector-Cement Finisher
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 fringe '
benefits listed i,n Article 12.2 shall be:
Effective Effective Effective
April 26, 1986 May 1, 1987 May l, 1988
Building Insp.-Cement Finisher. . $18.36* *** ***
Cement Finisher . . . . . . . . . $16.86* $17.34* ***
The basic hourly wage rate for temporary and emergency employees appointed
to the following classes of positions shall be:
Effective Effective Effective
April 26, 1986 May i, 1987 May i, 1988
Building Insp.-Cement Finisher. . $19.09* *** ***
Cement Finisher . . . . . . . . . $17.53* $18.03* $18.53*
*These rates include the $1.00 Savings Plan contribution.
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
April 26, 1986 May 1, 1987 May 1 , 1988
Building Insp.-Cement Finisher. . $17.43 *** ***
Cement Finisher . . . . . . . . . $15.73 *** ***
**The May 1, 1987 and May 1, 1988 hourly wage rates in this contract will be the
rates as shown below less the cost of sick leave usage for 1986 and 1987
respectively, and less the cost of vacation, holidays and pension for 1987 and 1988
respectively and less the cost of health and life insurance for the periods May,
1986 thru April, 1987 and May, 1987 thru April, 1988 respectively incurred by the
employer for employees in this bargaining unit.
Effective Effective
May 1, 1987 May 1, 1988
Cement Finisher . . . . . . . . . $20.55 $21.05
***These Inspector rates to be determined at a later date.
_r�_
' APPE IX D �/� � -��7�
v�
Effe ti May 1, 1986, the EMPLOYER shall:
(1) contribute $1.30 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
Health and Welfare Fund.
(2) contribute $1.20 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.
(3) contribute $1.00 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 Savings Plan Fund. This contribution is subject to all payroll
deductions.
(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 an �prenticeship Fund.
All on ibutions made in accordance with this Appendix shall be forwarded
to d po 'tories as directed by the UNION.
The MP YER shall establish Worker's Compensation and Unemployment Compensation
prog am as required by Minnesota Statutes.
The MP YER'S fringe benefit obligation to participating employees as �
defi ed n Articles 12.3, 12.4 and 12.5 is limited to the contributions
and/ r ductions established by this AGREEMENT. The actual level of benefits
prov de to employees shall be the responsibility of the Trustees of the
vari us funds to which the EMPLOYER has forwarded contributions and/or
dedu ti s.
- D1 -
�_` ; �f . ^ .'LJ .:' J�� .
. .. • � �� - �r�
r � '��i CITY OF SAINT P.A.UL
' :�ii'"�;i:`i'i OFFICF OF TH� CITY COIINCIL
� Cammit�ee Report
Fi ance l�ana ement � Pers�nnel Committee.
July 10, 1986
1. Appro al of minutes from meeting held July 3, 1986. avproved
� 2. Resol ti n approving 1986-1989 Labor Agreenent between the City of Saint
Paul nd Twin City Carpenters District Council. anproved
\ 3. Resol ti n approving 1986-1989 Maintenance Labor Agreement between the City �
and B ic layers, Masons, Marblemasons, Cement Blocklayers and Tuck-Pointers,
Local'Un on No. 1. approved � �
� 4. Resol ti n approving 1986-1989 Maintenance Labor Agreement between the City
and 0 er tive Plasterers and Cement Masons International Association Local
No. 2 . approved
� 5. Reso t n approving 1986-1989 Maintenance Labor Agreenent betwaea the City
and e tive Plasterers and Cement Mason International Association Local
.�30. 4. -=---�agpraved _ _..:._. �._ _ __. _- -
�'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 the Salary Plan and Rates of Compensation Resolution. approved
� 8: Reso ut n establishing the rate of pay for Volunteer Coordinator in the
Sala y lan and Rates of Compensation Resolution. approved
� 9. Reso ut on amending the Salary Plan and Rates of Compensation Resolution
conc rn ng Environmental Health Technician, approved
10. Reso ut on approving a settlement between the Saint Paul Police Federation
and he Police Department, Chief McCutcheon, the Mayor, the Council and the
City of Saint Paul pertaining to drug testing policies. approved
� 11. Reso ut on amending the 1986 Special Funds Budget by adding $1,785,981 to
the in ncing 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
Resp ns veness �'rogram. approved �
13. Res lut on amending the 1986 budget by adding $168,843 to the Financing Plan
and to he Spending Plan for City Property Management Fund - Hill Street
War ho e. laid over to 7/17
CTTY HALL $EVENTH FLOOR SAINT PAUL,MINNESOTA 55102
�.�s