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 � ��
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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.
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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� �
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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.
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OST BENEFIT BU ETA Y D PERSONNEL IMPACTS ANTICIPATED:
June, 1986 thru M y, 87 - $2,540
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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 _
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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
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1986
MAINTENANCE LABOR AGREEMENT
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THE CITY OF SAINT PAUL
- and -
INTERNATIONAL UNION OF
ELEVATOR CONSTRUCTORS,
LOCAL 9
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ARTICLE 'i TITLE _ PAGE
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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
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P R E A M B L E
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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
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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
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between peop ,e at all levels of responsibility. Constructive attitudes of
the CITY' th� UNION, and the individual employees will best serve the needs
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of the generaj public.
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• ARTICLE I -jPURPOSE
1.1 The LOYER and the UNION agree that the purpose for entering into
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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) .
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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-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.
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' 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.
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ARTICLE IV - UNION RIGHTS •
4.1 The EMPLOYER shall deduct from the wages of employees who authorize
such a deduction in writing an amount necessary to cover monthly
UNION dues. Such monies deducted shall be remitted as directed by
the UNION.
4.11 The EMPLOYER shall not deduct dues from the wages
of employees covered by this AGREEMENT for any other
labor organization.
4.12 The UNION shall indemnify and save harmless the
EMPLOYER from any and all claims or charges made _
against the EMPLOYER as a result of the implementation
of this ARTICLE.
4.2 The UNION may designate one (1) employee from the bargaining unit to
act as a Steward and shall inform the EMPLOYER in writing of such
designation. Such employee shall have the rights and responsibilities
as designated in Article 22 (GRIEVANCE PROCEDURE) .
4.3 Upon notification to a designated EMPLOYER supervisor, the Business
Manager of the UNION, or his designated representative shall be
permitted to enter the facilities of the EMPLOYER where employees
covered by this AGREEMENT are working.
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� 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.
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ARTICLE VI - PROBATIONARY PERIODS '
6. 1 All personnel, originally hired or rehired following separation, in a
regular employment status shall serve a six (6) month's 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.
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� 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.
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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 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.
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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,
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unless the required advance approval has been obtained.
9.2 The ov rtime rate of one and onehalf (1�) the basic hourly rate shall
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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.
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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
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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
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9.4 For the I urposes of calculatin overtime com ensation overtime h
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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.
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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 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) .
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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.
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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.
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.
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' . 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.
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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. _
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' ARTICLE XI� - SELECTION OF FOREMAN AND GENERAL FOREMAN
14.1 The se� ection of personnel for the class of position of Foreman
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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 (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.
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• 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
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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,
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demotio�, or discharge shall be considered a "grievance" for the purpose
of proce� sing through the provisions of Article 22 (GRIEVANCE PROCEDURES) .
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ARTICLE XVII - ABSENCES FROM WORK '
17.1 Employees who are unable to report for their normal work day have
the responsibility to notify their supervisor of such absence _as
soon as possible, but in no event later than the beginning of such
work day.
17.2 Failure to make such notification may be grounds for discipline
as provided in Article 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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' , 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.
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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
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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.
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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.
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` � 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 .
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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.
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� 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
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the'� matter on an informal basis with the employee's
sup rvisor. If the matter is not resolved to the
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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.
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� 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
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sel� cted by mutual agreement of the EMPLOYER and the
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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
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the� EMPLOYER and the UNION shall have the right to
str ke two (2) names from the panel. The LTNION shall
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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.
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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.
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' , 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.
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24.2 Employej s will perform their duties and responsibilities in a
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nondisc� iminatory manner as such duties and responsibilities
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involve� other employees and the general public.
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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.
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�. 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.
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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.
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����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.
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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.
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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.
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. ���-//4�
- ARTICLE XX1� - DURATION AND PLEDGE
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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 -
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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
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� - A1 -
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��_��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
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The EMPLOYER, shall establish Workman's Compensation and Unemployment
Compensation' programs as required by Minnesota Statutes.
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� �t � � r e�-1�
i . ' ��v//4�
,►. '� CITY OF SAINT PAUL
,
;�` .
,.�,�a<.,•
:iiiit:t:iiii j OFFICE OF TF3F CITY COIINCIL
• ...... �I '
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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 �
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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