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86-1104 WHITE - C�TV CLERK / PINK - FINAN�E G I TY OF SA I NT PA U L Council � CANARV - DEPARTMENT File NO. ('�_/�O� BLUE - MAVOR Quncil Resolution � �� � Presented Referred To � Committee: Date � � �'4"� `� Out of Commit ee By Date RESOLVE , that the Council of the City of Saint Paul hereby approves and ratifies the attached 1986 Maintenance Labor Agreement between the City of Saint Pau� and International Union of Elevator Constructors, Local 9. � I I � i II I I � I �I II � � COUNCILMEN Requested by Department of: Yeas Drew Nays ` Nicosia X�' [n Favor NN OFFICE Rettman s6r,�er, � -- Against 'c�'��� �a°se°7E�DES�v wuson Adopted by Council: ate F�UC7 � — �986 Form Ap oved by Ci�Attorney ' Certified P• • Coun i , c t BY By, Appr by Mavor: Dat �' Q� � i 1986 Appr by Mayor for Sub i ouncil By _ _ _ B pUBIiSHED �HU G 16 1986 I� � ,� �,�,la� �T o Personnel Office DEPARTMENT � a.�l . 05921 Jim Lombardi _ � '_CONTACT 7301 PHONE 7-9-86 DATE 1 ��� e� � , ASSIGN NUNBER F RO I G'ORDER Cli All Locations for Si nature :: : � Department D rec r 3 Director of Management/Mayor � Finance,. and ana eint Services Director � 4 City Clerk ____ Budget Direc or 2 City Attorne , WHAT WILL BE ACH EVf BY� TAK�NG ACTION ON THE ATTACHED.MATERIALS? (Purpase/ ' Rationale) : This resolution a pro es 'the 1986 Agreement between the City and the ElevatoX Contractors Local �9. The ct��et�ges n t is 'new Agreement include new language allowing straight time to be paid for work performe on a minor holiday and a totaZ package increase of .bl per fiour. This wage increase is based on he outside union settlement. I OST BENEFIT BU ETA Y D PERSONNEL IMPACTS ANTICIPATED: June, 1986 thru M y, 87 - $2,540 . . � � � � � . 1 � FINANCING SOURCE ND UD ET ACTIVITY NUPBER CHARGED OR CREDITED: (Mayor's signa- tdre not rs- � Total Amount o "Tr nsaction: ' Quired if un�er " $10,00�) Funding Source Activity Numbe : : . ATTACHMENTS List and wnber All Attachments : 1 . Resolution � 2. Copy for City Cle k _ .. - : , DEPARTMENT REVIEW CITY ATTORN�Y REyIEW Yes No Coun il esmlution Req�ired? ' Resolut�on Required? Yes No Yes �No Insu anc Required? Insurance Sufficient? Yes No Yes �o Ins� anc Attached: � �SEE �REVERSE SIDE FOR INSTRUCTIONS) Reyised 12/84 _ _���� � �� � '� � i . � 1986 MAINTENANCE LABOR AGREEMENT - between - THE CITY OF SAINT PAUL - and - INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS, LOCAL 9 I , . Ii �' �o-//�� � I N D E X I ARTICLE 'i TITLE _ PAGE - i Preamble iii I Purpose 1 II Recognition 2 III Employer Rights 3 IV Union Rights 4 V Scope of Agreement 5 VI 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 XX Separation 21 XXI Tools 22 XXII Grievance Procedure 23 XXIII Right of Subcontract 28 XXIV NonDiscrimination 29 XXV Severability 30 XXVI Waiver 31 XXVII � City Mileage Plan 32 XXVIII !I Severance Pay 33 XXIX Duration and Pledge 35 Appendix A A1 ! Appendix B B1 Appendix C C1 - ii - I , d(,�-�-i�oy ', . � II P R E A M B L E II T is AGREEMENT is entered into between the City of Saint Paul, hereinafter �referred to as the EMPLOYER and the International Union of Elevator Cor}structors, Local 9, hereinafter referred to as the UNION. Thl EMPLOYER and the UNION concur that this AGREEMENT has as its objective thj promotion of the responsibilities of the City of Saint Paul I for the benelit of the general public through effective labormanagement cooperation,� Th EMPLOYER and the UNION both realize that this goal depends not only on he words in the AGREEMENT but rather primarily on attitudes i between peop ,e at all levels of responsibility. Constructive attitudes of the CITY' th� UNION, and the individual employees will best serve the needs ' of the generaj public. � - iii - 1 � ��/lo� • ARTICLE I -jPURPOSE 1.1 The LOYER and the UNION agree that the purpose for entering into i this A REEMENT is to: 1.11 A ieve orderly and peaceful relations, thereby e�tablishing a system of uninterrupted operations an the highest level of employee performance that isi consistent with the safety and wellbeing of aL concerned; 1.12 Sel forth rates of pay, hours of work, and other co ditions of employment as have been agreed upon by�� the EMPLOYER and the UNION; 1.13 Es ablish procedures to orderly and peacefully re olve disputes as to the application of inter- pr tation of this AGREEMENT without loss of manpower pr ductivity. 1.2 The EMP OYER and the UNION agree that this AGREEMENT serves as a supplem� t to legislation that creates and directs the II�LOYER. If any par� of this AGREEMENT is in conflict with such legislation, the latter s� all prevail. The parties, on written notice, agree to negotiate that pa�, in conflict so that it conforms to the statute as provided by Artic� e 25 (SEVERABILITY) . II� - - I 1 � ARTICLE II - RECOGNITION • 2.1 The EMPLOYER recognizes the UNION as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, temporary, and emergency employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-475-A dated April 13, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. - 2 - I . ���«� ' ARTICLE I - , III EMPLOYER RIGHTS 3.1 The E LOYER retains the right to operate and manage all manpower, facilit�'es, and equipment; to establish functions and programs; to set ''� nd amend budgets; to determine the utilization of techno]� gy; to establish and modify the organizational structure; to selei t, direct, and determine the number of personnel; and to perform� any inherent managerial function not specifically limited by thisj AGREEMENT. 3.2 Any "te or condition of employment" not established by this AGREEME T shall remain with the EMPLOYER to eliminate, modify, or establillh following written notification to the UNION. , �� - 3 - il 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. - 4 - . /�o� �� � ARTICLE V -� SCOPE OF THE AGREEMENT 5.1 This A� REEMENT establishes the "terms and conditions of employment" define by M.S. 179.63, Subd. 18 for all employees exclusively repres nted by the UNION. This AGREEMENT shall supersede such "terms'� and conditions of employment" established by Civil Service Rule, ouncil Ordinance, and Council Resolution. I II I , I I i ,I - 5 - i 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 proba�ionary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.11 At any time during the probationary period an employee may be terminated at the discretion of the EMPLOYER without appeal to the provisions of ARTICLE 22 (GRIEVANCE PROCEDURE) . 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the UNION. 6.2 All personnel promoted to a higher class of positions shall serve a six (6) months' promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsi- bilities shall be evaluated. 6.21 At any time during the promotional probationary period an employee may be demoted to the employee's previously held class of positions at the discretion of the EMPLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE) . 6.22 An employee demoted during the promotional probationary period shall be returned to the employee's previously held class of positions and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the UNION. - 6 - U`_����d� � ARTICLE VI�' - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The E LOYER and the UNION are in full agreement that the philosophy of emp� oyment and compensation shall be a "cash" hourly wage and "indus' ry" fringe benefit system. 7.2 The LOYER shall compensate employees for all hours worked at the basic ourly wage rate and hourly fringe benefit rate as found in Articl' 12 (WAGES) and 13 (FRINGE BENEFITS) . 7.3 No oth r compensation or fringe benefit shall be accumulated or earnedj y an employee except as specifically provided for in this AGREEM� T; except those employees who have individually optioned to be '� randfathered" as provided by 12.2. I - 7 - ARTICLE VIII - HOURS OF WORK . ' 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week shall be five (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 callback by the EMPLOYER as provided by Article 10 (CALL BACK) . 8.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. - 8 - - ��I�a� ARTICLE IX OVERTIME 9.1 All ov rtime compensated for by the EMPLOYER must receive prior authori- zation�, from a designated EMPLOYER supervisor. No overtime work claim will b honored for payment or credit unless approved in advance. An overti' e claim will not be honored, even though shown on the time card, � unless the required advance approval has been obtained. 9.2 The ov rtime rate of one and onehalf (1�) the basic hourly rate shall i be pai� for work performed under the following circumstances: 9.21 �'me worked in excess of eight (8) hours in any one r� rmal work day and 9.22 'me worked on a sixth (6th) day following a normal rk week. I 9.3 The oveltime rate of two (2) times the basic hourly rate shall be paid for wor� performed under the following circumstances: 9.31 T me worked on a holiday as defined in Article 15 ( OLIDAYS) ; 9.32 T me worked on a seventh (7th) day following a n rmal work week; and i 9.33 T e worked in excess of twelve (12) consecutive h rs in a twenty-four (24) hour period, provided, t t all "emergency" work required by "Acts of God" st� 11 be compensated at the rate of one and one-half " �� ) . 9.4 For the I urposes of calculatin overtime com ensation overtime h g p ours worked slall not be "pyramided", compounded, or paid twice for the same hours wo ked. 9.5 Overtime; hours worked as provided by this ARTICLE shall_ be paid in cash or compe satory time at the option of the Employer. Ii - 9 - ARTICLE X - CALL BACK � 10. 1 The EMPLOYER retains the right to call back employees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 10.2 Employees called back shall receive a minimum of four (4) hours pay at the basic hourly rate. 10.3 The hours worked based on a callback shall be compensated in accordance with Article 9 (OVERTIME) , when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME) . - 10 - . -l�d� �� � - ARTICLE XI WORK LOCATION 11.1 Employ es shall report to work location as assigned by a designated EMPLOY R supervisor. During the normal work day employees may be assign d to other work locations at the discretion of the EMPLOYER. 11.2 Employ es assigned to work locations during the normal work day, other �han their original assignment, and who are required to furnish their c} transportation shall be compensated for mileage. . �� - 11 - 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. 12.22 Sick Leave as established by Resolution No. 3250, Section 20. 12.23 Vacation as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 12.24 Ten (10) legal holidays as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision I. 12.25 Severance benefits as established by Ordinance No. 11490 with a maximum payment of $4,000 or as established by Article XXVIII in this Agreement. 12.3 Regular employees employed prior to February 15, 1974, and covered by the fringe benefits listed in Article 12.2 shall be compensated in accordance with Paragraph A of Appendix C. 12.4 Temporary and emergency employees shall be considered, for the purposes of this AGREEMENT, participating employees and shall be compensated in accordance with Paragraph B of Appendix C and shall not have any fringe benefit contributions and/or deductions made in their behalf. - 12 - � �-�p/10� ' . ARTICLE XIx - WAGES (continued) 12.5 All re� ular and provisional employees employed after February 15, 1974, shall I e considered, for the purpose of this AGREEMENT, participating employ es and shall be compensated in accordance with Paragraph C of Append x C and shall not have any fringe benefit contributions and/or deduct ons made in their behalf. � , I - 13 - ARTICLE XIII - FRINGE BENEFITS • 13.1 The EMPLOYER shall provide the fringe benefits listed in 12.2 only to employees employed prior to February 15, 1974. _ - 14 - � ������ ' ARTICLE XI� - SELECTION OF FOREMAN AND GENERAL FOREMAN 14.1 The se� ection of personnel for the class of position of Foreman �I shall emain solely with the EMPLOYER. - � I i I i �I il � - 15 - 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 (effecti�e 1986) Presidents' Day, Third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Columbus Day, second Monday in October Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The ten (10) holidays shall be considered non-work days. 15.4 If, in the judgment of the EMPLOYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 10 (CALL BACK) . 15.5 Participating employees as defined in 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 this 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. - 16 - � ��Q'°-��o� • ARTICLE XVI, - DISCIPLINARY PROCEDURES 16.1 The LOYER shall have the right to impose disciplinary actions on employ es for just cause. _ 16.2 Discipllinary actions by the EMPLOYER shall include only the following i action�: 16.21 I ral reprimand 16.22 i ritten reprimand 16.23 I uspension 16.24 emotion 16.25 ischarge 16.3 Employe s who are suspended, demoted, or discharge shall have the right to requ st that such actions be reviewed by the Civil Service Commission or a de ignated Board of Review. The Civil Service Commission, or a designa ed Board of Review, shall be the sole and exclusive means of reviewi g a suspension, demotion, or discharge. No appeal of a suspension, i demotio�, or discharge shall be considered a "grievance" for the purpose of proce� sing through the provisions of Article 22 (GRIEVANCE PROCEDURES) . , II - 17 - ARTICLE XVII - ABSENCES FROM WORK ' 17.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence _as soon as possible, but in no event later than the beginning of such work day. 17.2 Failure to make such notification may be 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. - 18 - ����°� ' , ARTICLE XV� I - SENIORITY 18.1 Senior' ty, for the purposes of this AGREEMENT, shall be defined as follow' : 18.11 �I� "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 I, covered by this AGREEMENT. I 18.12 �, "Class Seniority" the length of continuous regular �!and probationary service with the EMPLOYER from the �date an employee was first appointed to a class title covered by this AGREEMENT. 18.2 Senior�ty shall not accumulate during an unpaid leave of absence, except when s� h a leave is granted for a period of less than thirty (30) calenda� days; is gr�nted because of illness or in�ury; is granted to allow employee to accept an appointment to the unclassified service of the LOYER or to an elected or appointed fulltime position with the UNI N. 18.3 Seniorily shall terminate when an employee retires, resigns, or is dischar ed. 18.4 In the 'vent it is determined by the EMPLOYER that it is necessary to reduce he work force employees will be laid off by class title within each department based on inverse length of "Class Seniority". Employees laid of� shall have the right to reinstatement in any lowerpaid class i title px� viously held, provided, employee has greater "Class Seniority" than thel, mployee being replaced. 18.5 The selei tion of vacation periods shall be made by class title based on length o' "Class Seniority", subject to the approval of the EMPLOYER. - 19 - ARTICLE XIX - JURISDICTION ' 19. 1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject 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 II�PLOYER'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. - 20 - � ��/l�� ` � ARTICLE XX ' SEPARATION 20.1 Employ es having a probationary or regular employment status shall be con idered separated from employment based on the following actionl . i 20.11 'iResignation. Employees resigning from employment ' shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.12 �Dischar e. As provided in Article 16. 20.13 '� ailure to Re ort for Dut . As provided in Article 17. 20.2 Employd s having an emergency, temporary, or provisional employment statusl, y be terminated at the discretion of the EMPLOYER before the complet on of a normal work day. I i ; i - - 21 I � ��_��a� � ARTICLE XXI - GRIEVANCE PROCEDURE 22.1 The E LOYER shall recognize stewards selected in accordance with UNION rules nd regulations as the grievance representative of the bargaining unit. 'The UNION shall notify the EMPLOYER in writing of the names of the st ards and of their successors when so named. 22.2 It is �C cognized and accepted by the EMPLOYER and the UNION that the proces�'ng of grievances as hereinafter provided is limited by the �ob duties ; nd responsibilities of the employees and shall therefore be accomplj shed during working hours only when consistent with such employee duties nd responsibilities. The steward involved and a grieving employe' shall suffer no loss in pay when a grievance is processed during orking hours, provided, the steward and the employee have notifiel and received the approval of their supervisor to be absent to process:, a grievance and that such absence would not be detrimental to the wor' programs of the EMPLOYER. 22.3 The pro edure established by this ARTICLE shall be the sole and exclusive procedu�t , except for the appeal of disciplinary action as provided by 16.3, fc� the processing of grievances, which are defined as an alleged vioiatio of the terms and conditions of this AGREEMENT. 22.4 Grievanc� s shall be resolved in conformance with the following procedure: Ste� 1. Upon the occurrence of an alleged violation of this AGR EMENT, the employee involved shall attempt to resolve , the'� matter on an informal basis with the employee's sup rvisor. If the matter is not resolved to the ' � - 23 - ARTICLE XXII - GRIEVANCE PROCEDURE (continued) . ' 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 AGREE- MENT 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 - . � �'�-�fa� � ARTICLE XXI - GRIEVANCE PROCEDURE (continued) S e 3. Within seven (7) calendar days following receipt o a grievance referred from Step 2 a designated EMPLOYER s 'pervisor shall meet with the Union Business Manager or h s designated representative and attempt to resolve the g�ievance. Within seven (7) calendar days following this mq ting the EMPLOYER shall reply in writing to the UNION st� ting the EMPLOYER'S answer concerning the grievance. If� as a result of the written response the grievance remains un esolved, the UNION may refer the grievance to Step 4. An grievance not referred to in writing by the UNION to St p 4 within seven (7) calendar days following receipt of th EMPLOYER'S answer shall be considered waived. St 4. If the grievance remains unresolved, the UNION ma within seven (7) calendar days after the response of th EMPLOYER in Step 3, by written notice to the EMPLOYER, re est arbitration of the grievance: The arbitration pr�ceedings shall be conducted by an arbitrator to be � sel� cted by mutual agreement of the EMPLOYER and the • �i UN� N within seven (7) calendar days after notice has bee given. If the parties fail to mutually agree upon anl rbitrator within the said seven (7) day period, eit er party may request the Public Employment Relations Boa d to submit a panel of five (5) arbitrators. Both � the� EMPLOYER and the UNION shall have the right to str ke two (2) names from the panel. The LTNION shall - 25 - ARTICLE XXII - GRIEVANCE PROCEDURE (continued) . 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. 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, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thrity (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 EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. - 26 - ARTICLE XXIII - RIGAT OF SUBCONTRACT ' 23.1 The EMPLOYER may, at any time during the duration of this AGREEMENT, contract out work done by the employees covered by this AGREEMENT. In the event that such contracting raould result in a reduction of the work force covered by this AGREEMENT, the EMPLOYER shall give the UNION a ninety (90) calendar day notice of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by this AGREEMENT shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. - 28 - � ��f�o� ' , ARTICLE XXI - NON-DISCRIMINATION � 24. 1 The te ms and conditions of this AGREEMENT will be applied to employ'es equally without regard to, or discrimination for or agains , any individual because of race, color, creed, sex, age, ox� because of inembership or nonmembership in the UNION. i 24.2 Employej s will perform their duties and responsibilities in a i nondisc� iminatory manner as such duties and responsibilities � involve� other employees and the general public. , � � - 29 - ARTICLE XXV - SEVERABILITY . � 25.1 In the event that any provision(s) of this AGREEMENT is declared to be contrary to law by proper legislative, administrative, or judicial suthority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 25.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the AGREEMENT in compliance with the legislative, administrative, or judicial determination. - 30 - � � ��_���� �. ARTICLE XXV� - WAIVER 26.1 The EMFt OYER and the UNION acknowledge that during the meeting and negotia� ing which resulted in this AGREEMENT, each had the right and opp� rtunity to make proposals with respect to any subject concern�, ng the terms and conditions of employment. The agreements I and und rstandings reached by the parties after the exercise of this ri ht are fully and completely set forth in this AGREEMENT. 26.2 Therefo e, the ENIPLOYER and the UNION for the duration of this AGREEME T agree that the other party shall not be obligated to meet an negotiate over any term or condition of employment whetherispecifically covered or not specifically covered by this AGREEME T. The UNION and EMPLOYER may, however, mutually agree to modi$ any provision of this AGREEMENT. 26.3 Any and 11 prior ordinances, agreements, resolutions, practices, policies�, and rules or regulations regarding the terms and conditioj s of employment, to the extent they are inconsistent with thi� AGREEMENT, are hereby superseded. i ,I - 31 - ARTICLE XXVII - CITY MILEAGE .� 27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 27.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. � Type 1. If an employee is required to use his/her own automobile OCCASIOh'ALLY during employment, the employee shall be reimbursed at the rate of $3.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addition, the employee shall be reimbursed 15C per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reim- bursed at the rate of 15C per mile driven and shall not be eligible for any per diem. TyPe 2. If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reimbursed at the rate of $3.00 per day for each day of work. In addition, the employee shall be reimbursed 15C per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reim- bursed at the rate of 15C per mile driven and shall not be eligible for any per diem. 27.3 The-City will provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 27.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. - 32 - ����a� - ARTICLE XXV II - SEVERANCE PAY 28.1 T e employer shall provide a severance pay program as set forth i this Article. 28.2 T be eligible for the severance pay program, an employee must meet t following requirements: 2�.21 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Public Employees Retirement Association (PERA) . The "rule of 90" criteria shall also apply to employees covered by a public pension P lan other than PERA. 28j 22 The employee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disci linar P Y 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 i 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.I 5 The employee must have accumulated a minimum of sixty (60) i days of sick leave credits at the time of his separation from service. 28.� If an employee requests severance pay and if the employee meets the eli ibility requirements set forth above, he or she will be granted sev rance 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 forlleach day of accrued sick leave subject to a maximum of 200 accrued sic leave days. 28.4 The,maximum amount of money that any employee may obtain through this sev rance pay program is $6,500. - 33 - i ARTICLE XXVIII - SEVERANCE PAY (cont.) � 28.5 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. 28.6 For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 28.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 28.8 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. 28.9 The provisions of this article shall be effective as of July 1, 1984. 28.10 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. - 34 - . ���-//4� - ARTICLE XX1� - DURATION AND PLEDGE � 29.1 This A� REEMENT shall become effective as of the date of signing, I except� as specifically provided otherwise in Articles 12 and 13, and shall emain in effect through the 31st day of May 1987, and continue in eff ct from year to year thereafter unless notice to change or to termin te is given in the manner provided in 29.2. � 29.2 If eit er party desires to terminate or modify this AGREEMENT, effective as of Ihe date of expiration, the party wishing to modify or terminate the AG EMENT shall give written notice to the other party, not more than n ety (90) or less than sixty (60) calendar days prior to the expiralion date, provided, that the AGREEMENT may only be so terminated or mod ied effective as of the expiration date. 29.3 In cons� deration of the terms and conditions of employment established by this�i AGREEMENT and the recognition that the GRIEVANCE PROCEDURE herein stablished is the means by which grievances concerning its applica ion or interpretation may be peacefully resolved, the parties hereby ledge that during the term of the AGREEMENT: 29.31 he UNION and the employees will not engage in, nstigate, or condone any concerted action in which mployees fail to report for duty, willfully absent hemselves from work, stop work, slow down their work, c}r absent themselves in whole or part from the full, � ithful performance of their duties of employment i - 35 - � � ARTICLE XXIX - DURATION AND PLEDGE (continued) � 29.32 The EMPLOYER will not engage in, instigate, or condone any lockout of employees. 29.33 This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of The City, the City Council and is also sub�ect to ratification by the UNION. AGREED to this 3rd day of July , 1986, and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representative for the EMPLOYER and the UNION. WITNESSES: INTERNATIONAL UNION OF ELEVATOR CITY OF SAINT PAUL CONSTRUCTORS LOCAL N0. 9 � ' �� � r � _ Labor Relations Bu i ess Manag�r-y"" L or Relations - 36 - , ��(�-f/�� APPENDIX A The cl sses of positions recognized by the EMPLOYER as being exclusively representedlby the UNION are as follows: Elevator Inspector and other e sses of positions that may be established by the EMPLOYER where the duties � d responsibilities assigned comes within the jurisdiction of the UNION. �i , I� � - A1 - I I � I ��_��o� '. APPENDIX Ci A. The ba� ic hourly wage for temporary and emergency employees appointed to thell� following class of positions shall be: Effective June 7, 1986 E evator Inspector . . . . . . . . . . . . $25.58 B. The ba ic hourly wage rate for provisional, regular and probationary employ� s appointed to the following classes of positions and not receiv3� g the Fringe Benefits listed in Article 12.2 shall be: Effective � June 7, 1986 E1 vator Inspector . . . . . . . . . . . . $24.60 i The EMPLOYER, shall establish Workman's Compensation and Unemployment Compensation' programs as required by Minnesota Statutes. �i I , �I i I � - C1 - I i � �t � � r e�-1� i . ' ��v//4� ,►. '� CITY OF SAINT PAUL , ;�` . ,.�,�a<.,• :iiiit:t:iiii j OFFICE OF TF3F CITY COIINCIL • ...... �I ' � Comznittee Report . ., . F: c� Mana ement � P�rsannel Ccmmlttee. ; JULY 31, 1986 �i 1. Approval �f minutes from meeting held July 24, 1986. approved '� 2. Executivel yder (laid over from Jul 3, 1986) : E-24: Estf blishment of an Employee Policy of HTLV-III Disease (AIDS). letter to or � i 3. Resolutio requesting the Mayor to ex�mine and report on the feasibility of establ hing a Police-Community Relations Office in the Summit-University area at M ton and Selby and providing that the Mayor will request the Civil Service Co� ission to rectify the qualifications of Deputy Chief of Police. fi.rst iss ' referred back to Task Force; second issue laid over to 8/7 4.� An ordina� e establishing the title of Intergovernmental Relations Coordinator as specif d by Chapter 12 of the Charter, Section 12.03(H) thereof. assed out without rec. 5. Resolution� establishing the rate of pay for Intergovernmental Relations Coordinato in Grade 53, Section V, Subsection D, "Professional Group" Un- classified� of the Salary Plan and Rates of Compensation Resolution. assed out without rec. 6. Resalution transferring Meter Monitor function from Finance and Managenent � Services - Treasury Division - to Saint Paul Police Department - Surface Parking Un t. approved 7. Resolutionl86-14 amending ,Section 19 of the Civil Service Rules concerning leave of a sence to bring into conformance with Section 12.13 of the City Charter (1 id over from July 24, 1986). approved 8. Resolu�ft�a ap�rav�g 1986 l�iatenance Labor Ag�ee�ent<'�t�e�en the E�tq e� �e�tti � �t3�n of �levator Constructors Laca1 9. appr��ed# ��� 9. Resolution'lapproving Maintenance Labor Agreement between the City and United Union of R ofers, Waterproofers and Allied Workers, Local 96. approved 10. Resolution amending the 1985-1987 Collective Bargaining Agreement between the City a d Plumbers Local 34 pertaining to a uniform allowance for inspection 1 employees assigned to the Fire Department. approved • � . 11. Resolution approving Memorandum of Understanding between the City and Internatio al Union Operating Engineers, Locals 70 and 967 concerning conditions governing premium pay rate for advanced training for certain classifications of employe s in this bargaining unit. approved CITY HALL I SEVENTH FLOOR SAINT PAUL,MINNESOTA 55102 d�.ss