86-1105 NiHITE - CITV CLERK
PINK - FINANCE COUI�CIl o
CANARV - DEPARTMENT GITY OF �AINT PAUL File NO. ✓�✓ ^�
BLUE - MAVOR
o cil Resolution 8
Presented
� Referred To —1 �� �= Committee: Date �����b
Out of Committe By Date
RESOLVED that the Council of the City of Saint Paul hereby approves and
ratifies the ttached Maintenance Labor Agreement between the City of Saint
Paul and Unit d Union of Roofers, Waterproofers and Allied Workers, Local
Union 96.
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COUNCILMEN Requested by Department of:
Yeas Drew Nays �
PERSO OFFICE
Nicosia [n Favor
Rettman
9DMeibeb
Sonnen D __ Against BY
�edeesa'�Sc.A
Wilson
AU�j ] – ��6 Form A oved y City t orney
Adopted by Council: Date
Certified Vas- o ci , c BY
By
Appr e by Mavor: Date t A � � ��t1U Appr by Mayor for Sub ion ncil
_ _ By
pl}BLISHED r�.0� 16 1986
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Personnel Oifica DEPARTMENT N� ��J922
Ji� �absrdi CONTACT
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7301 PHONE
July 9, 1986 DATE Q/�� ` e Q
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ASSI � NUhB�R FOR OUT N&�ORDER Cli All Lo atians for Si nature :
� Department Di cto � Director of Management/Mayor
Finance and Ma ag ent Services Director � 4 City Clerk
Budget Directo ,
City Attorney
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WHAT WILL BE ACHIE ED Y tAKING ACTION �I THE 1�1`TIt�IED MATERIALS? (Purpose/
, Rationale) :
This resolution ap rov s s three-year Ag�eement between the City & the Roofers Union, ��96. The
changes in the new Agr ement include the following:
1 . Article 5 - Holidays - Language allowing straight time to be paid
fo� work on four mznor holidays.
2. J�lages - ot� p�ckage increase of .50 per hour each year. This is
�ase on the outside union settlement. ,
COST BENEFIT BUD ET AND PERSONNEL IMPAGTS ANTICIPATED:
None. No current mpl j�e�s in the classification of roofer.
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FINANCING SOURCE D DqET ACTIVITY NUNBER CNARGED OR CREDITED: (Mayor's signa�
ture nat re-
Total Amount o -'Tr saiction: quired if und'er
- ��o,000)
Funding Source ,
Activity Numbe : •
ATTACHMENTS List and Nwrlber All Attachments :
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1 . Resolution
2. Copy for City Cle -
OEP RTMENT REVIEW CITY ATTORNEY REYIEW
Yes No Cou cil Resolution Required? ' Resolution Required? _,,,,,Yes No
Yes ��lo Ins ran e Required? � Insurance Sufficient? Yes No
Yes �No Ins ran e qlttachsd: •
(SEE •RfYERSE SIDE FOR IMSTRtlCTIONS) .
Revised 12/84 �
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MAY 1
, 986 THRU APRIL 1989
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MAINTENANCE LABOR AGREEMENT
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between
THE CITY OF SAINT PAUL
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UNITED UNION OF ROOFERS, WATERPROOFERS
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AND ALLIED WORKERS
LOCAL UNION 96
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. IIv'DEX
ARTICLE TITLE PAGE
Preamble iii
I Purpose 1
II
Recognition 2
III Employer Rights 3
IV Union Rights 4
� Scope of the Agreement 5
�I Probationary Periods 6
VII Philosophy of Employment and Compensation 7
VIII Hours of Work 8
IX Overtime 9
X Call Back 10
XI � Work Location 11
XII I 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 18
XVIII Seniority 19
XIX Jurisdiction
20
XX Separation 21
XXI Tools 22
XXII Grievance Procedure 23
XXIII Right of Subcontract 2�
XIV NonDiscrimination 28
� Severability 29
XXVI Waiver 30
XXVII Mileage 31
XXVIII � Duration and Pledge 32
I'� Appendix A A1
j Appendix B gi
Appendix C C1
' Appendix D Dl
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PREAMBLE
This AIREEMENT is entered into between the City of Saint Paul, herein-
after refer ed to as the EMPLOYER, and the United Union of Roofers, Waterproofers
and Allied orkers Local Union 96, hereinafter referred to as the UNION.
The E LOYER and the UNION concur that this AGREEMENT has as its
objective tle promotion of the res onsibilitie
p s of the City for the benefit
of the gene al public through effective labormanagement cooperation.
The E LOYER and the UNION both realize that this goal depends not
only on theilwords in the AGREEMErTT, but rather primarily on attitudes between
people at alll levels of responsibility. Constructive attitudes of the EMPLOYER,
the UNION, nd the individual employees will best serve the needs of the
general pub ic.
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ARTICLE I i PURPOSE
� 1.1 The LOYER and the UNION agree that the purpose for entering into
this GREMENT is to:
1.11 chieve orderly and peaceful relations, thereby establishing
system of uninterrupted operations and the highest level
c}f employee performance that is consistent with the safety
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al d wellbeing of all concerned;
1.12 9 t forth rates of pay, hours of work, and other conditions
a employment as have been agreed upon by the EMPLOYER and
t� e UNION; "
1. 13 E tablish procedures to orderly and peacefully resolve
d sputes as to the application or interpretation of this
A REEMENT without loss of manpower productivity.
1.12 The LOYER and the UNION agree that this AGREEMENT serves as a supple-
ment t legislation that creates and directs the EMPLOYER. If any part
of thi AGREEMENT is in conflict with such legislation, the latter shall
prevail . The parties, on written notice, agree to negotiate that part
in con� ict so that it conforms to the statute as provided by Article 25
(SEVE ILITY) .
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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. 73PRS11A
dated May 11, 1973.
2.2 The classes of position recognized as being exclusively represented
by the UNION are as listed in Appendix A.
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ARTICLE III -, EMPLOYER RIGHTS
3. 1 The EMP YER retains the right to operate and manage all manpower,
faciliti� s, and equipment; to establish functions and programs; to
set andl mend budgets; to determine the utilization of technology;
to estab ish and modify the organizational structure; to select,
direct a� d determine the number of personnel; and to perform any
inherent� managerial function not specifically limited by this
AGREEMEN .
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3.2 Any "te or condition of employment" not established by this
AGREEMEN shall remain with the EMPLOYER to eliminate, modify, or
establi� 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
II�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 EMPLOYER supervisor, the Business
Manager of the UNION, or his designated representative shall be per-
mitted 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 GREEMENT establishes the "terms and conditions of employment"
defin d by M.S. 179.63, Subdivision 18 for all employees exclusively
repre�ented by the UNION. This AGREEMENT shall supersede such
"term� 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 probationary
period during which time the employee's fitness and ability to perform
the class of positions' duties and responsibilities shall be evaluated.
6. 11 At any time during the probationary period an employee
may be terminated at the discretion of the EMPLOYER
without appeal to the provisions of Article 22
(GRIEVANCE PROCEDURE) .
6.12 An employee terminated during the probationary period
shall receive a written notice of the reason(s) for
such termination, a copy of which shall be sent to the
UNION.
6.2 All personnel promoted to a higher class of positions shall serve a
six (6) months' promotional probationary period during which time the
employee's fitness and ability to perform the class of positions' duties
and responsibilities shall be evaluated.
6.21 At any time during the promotional probationary period
an employee may be demoted to the employee's previously
held class of positions at the discretion of the EMPLOYER
without appeal to the provisions of Article 22 (GRIEVANCE
PROCEDURE) .
6.22 An employee demoted during the promotional probationary
period shall be returned to the employee's previously
held class of positions and shall receive a written
notice or the reasons for demotion, a copy of which
shall be sent to the UNION.
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ARTICLE VII PHILOSOPHY OF EMPLOYMENT AIv'D COMPENSATION
7. 1 The EMP OYER and the UNION are in full agreement that the philosophy
of empl yment and compensation shall be a "cash" hourly wage and
"indust y" fringe benefit system.
7.2 The EMP OYER shall compensate employees for all hours worked at the
basic h 'urly wage rate and hourly fringe benefit rate as found in
Article 12 (WAGES) and 13 (FRINGE BENEFITS) .
7.3 No othe compensation or fringe benefit shall be accumulated or
earned y an employee except as specifically provided for in this
AGREEME 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, ex-
cluding 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 IXI - OVERTIME
9.1 Overt me. Time on the payroll in excess of the normal hours set forth
above shall be "overtime work" and shall be done only by order of the
head i the department. An employee shall be recompensed for work done
in exc�ess of the normal hours by being granted compensatory time on a
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timea� onehalf basis or by being paid on a timeandonehalf basis
for su� h overtime work. The basis on which such overtime shall be paid
shall e determined solely by the EMPLOYER.
9.2 The ov rtime rate of one and one-half (1}) times the basic hourly rate
shall e paid for work performed under the following circumstances:
9.21 T me worked in excess of eight (8) hours in any one normal
w rk day and
9.22 T� e worked in excess of forty (40) hours in a seven (7)
d� period.
9.3 For thej purposes of calculating overtime compensation, overtime hours
worked hall not be "pyramided", compounded, or paid twice for the same
hours w rked.
9.4 Overtimi shall be paid in cash or compensatory time as determined by
the Emp oyer.
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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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ARTICLE XI - j ORK LOCATION
11.1 Employe�, shall report to work location as assigned by a designated
EMPLOYEI� supervisor. During the normal work day employees may be
assignedl to other work locations at the discretion of the EMPLOYER.
11.2 Employeel'I assigned to work locations during the normal work day,
other th' n their original assignment, and who are required to furnish
their o transportati�hall�'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.
12.26 The EMPLOYER will for the period of this AGREEMENT provide for
employees working under the titles as listed in Appendix A who
retire after the time of execution of this AGREEMENT or who
have retired since September 1, 1974, and until such employees
reach sixty-five (65) years of age such life, hospital and
medical insurance benefits as are provided by the EMPLOYER
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ARTICLE X I - WAGES (continued)
12.27� In order to be eligible for the benefits under the provision
of 12.26 the employee must:
12.27. 1 Be receiving benefits from a public employee
retiree act at the time of retirement.
� 12.27.2 Have severed his relationship with the City of
Saint Paul under one of the early retiree plans.
' 12.27.3 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.
12.3 Regula, employees not covered by the fringe benefits listed in Article
12.2 s all be considered, for the purposes of this AGREEMENT, participating
employ es and shall be compensated in accordance with Article 12. 1 (WAGES)
and ha e fringe benefit contributions and/or deductions made on their behalf
as pro ided for by Article 13 (FRINGE BENEFITS) .
12.4 Provis�onal, temporary and emergency employees shall be considered, for the
purposei of this AGREEMENT, participating employees and shall be compensated
in acco� dance with Article 12.1 (WAGES) and have fringe benefit contributions
and/or ' eductions made in their behalf as provided for by Article 13 FRINGE
BENEFIT ) .
12.5 All reg lar employees employed after February 15, 1974, shall be considered
for thel�purpose of this AGREEMENT, participating employees and shall be
compens�ted in accordance with Article 12.1 (WAGES) and have fringe benefit
contribu� ions and/or deductions made on their behalf as provided for by
Article ' 3 (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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ARTICLE XIV ' SELECTION OF FOREMAN AND GENERAL FOREMAN
14.1 The sel ction of personnel for the class of position of Foreman
shall r main solely with the EMPLOYER.
14.2 The cla s of position of Foreman shall be filled by employees of the
bargain ng unit on a "temporary assignment".
14.3 All "te porary assignments" shall be made only at the direction of a
designa ed EMPLOYER supervisor.
14.4 Such "t mporary assignments" shall be made only in cases where the
class o 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
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 �udgment of the EMPLOYER, personnel are necessary for
operating or emergency reasons, employees may be scheduled or "called
back" in accordance with Article X (CALL BACK) .
15.5 Participating employees as defined in Articles 12.3, 12.4 and 12.5 assigned
to work on Martin Luther King Day, President's Day, Columbus Day or Veteran's
Day shall be compensated on a straight time basis for such hours worked.
15.6 Such Participating employees assigned to work on New Year's Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be
compensated at the rate of two (2) times the basic hourly rate for such hours
worked.
15.7 If an employee other than a Participating employee entitled to a holiday is
required to work on Martin Luther King Day (effective 1986) , President's Day,
Christopher Columbus Day, or Veterans' Day, he shall be granted another day
off with pay in lieu thereof as soon thereafter as the convenience of the
department permits, or he shall be paid on a straight time basis for such
hours worked, in addition to his regular holiday pay. If an employee other
than a participating employee entitled to a holiday is required to work on
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving
Day or Christmas Day, he shall be 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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ARTICLE XV - DISCIPLINARY PROCEDURES
16. 1 The E LOYER shall have the right to impose disciplinary actions on
emplo ees for just cause.
16.2 Disci� inary actions by the EMPLOYER shall include only the following
actio�, :
16.21 ' Oral reprimand
16.22 , Written reprimand
16.23 � Suspension
16.24 ' Demotion .
16.25 '�Discharge
16.3 Employel s who are suspended, demoted, or discharged shall have the right
to requl st that such actions be reviewed by the Civil Service Commission
or a del 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,
demotio' , or discharge shall be considered a "grievance" for the purpose
of proclssing 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 XVII - SENIORITY
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18.1 Seniorily, for the purposes of this AGREEMENT, shall be defined as
follows -
18.11 �Master Seniority" the length of continuous regular
nd probationary service with the EMPLOYER from the
ast date of employment in any and all class titles
overed by this AGREEMENT.
18.12 �, Class Seniority" the length of continuous regular
nd probationary service with the EMPLOYER from the
ate an employee was first appointed to a class title
�overed by this AGREEMENT.
18.2 Seniori y shall not accumulate during an unpaid leave of absence, except
when su h a leave is granted for a period of less than thirty (30)
calenda days; is granted because of illness or injury; is granted to
allow a employee to accept an appointment to the unclassified service
of the LOYER or to an elected or appointed fulltime position with
the UNI i .
18.3 Seniorit� shall terminate when an employee retires, resigns, or is
dischar� d.
18.4 In the e� ent it is determined by the EMPLOYER that it is necessary to
reduce tl e work force employees will be laid off by class title within
each de rtment based on inverse length of "Class Seniority". Employees
laid of� shall have the right to reinstatement in any lowerpaid class
title, p ovided, employee has greater "Master Seniority" than the employee
being re laced.
18.5 The sele� tion of vaction periods shall be made by class title based on
length "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
union 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 union 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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ARTICLE XXI - SEPARATION
20. 1 Emplo ees having a probationary or regular employment status shall
be co sidered separated from employment based on the following
action :
20. 11 Resignation. Employees resigning from employment
�' shall give written notice fourteen (14) calendar
I days prior to the effective date of the resignation.
20.12 IDischarge. As provided in Article 16.
20. 13 � Failure to Report for Duty. As provided in Article 17.
20.2 Employ' es having an emergency, temporary, or provisional employment
status'imay be terminated at the discretion of the EMPLOYER before the
comple ion of a normal work day.
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ARTICLE XX I - GRIEVANCE PROCEDURE
22. 1 The E LOYER shall recognize stewards selected in accordance with UNION
rulesland regulations as the grievance representative of the bargaining
unit. l The UNION shall notify the EI�iPLOYER in writing of the names of
the s ewards and of their successors when so named.
22.2 It islrecognized and accepted by the EMPLOYER and the UNION that the
proceS ing of grievances as hereinafter provided is limited by the job
duties� and responsibilities of the employees and shall therefore be
accompi, ished during working hours only when consistent with such employee
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dutiesj and responsibilities. The steward involved and a grieving employee
shall Iluffer no loss in pay when a grievance is processed during workin
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hours rovided, the steward and the employee have notified and received
the ap roval of their supervisor to be absent to process a grievance and
that s� ch absence would not be detrimental to the work programs of the
the LOYER.
22.3 The pr�cedure established by this ARTICLE shall be the sole and exclusive
proced� e, except for the appeal of disciplinary action as provided by
16.3, f r the processing of grievances, which are defined as an alleged
violati� n of the terms and conditions of this AGREEMENT.
22.4 Grievan� es shall be resolved in conformance with the following procedure:
St 1. Upon the occurrence of an alleged violation of
th s AGREEMENT, the employee involved shall attempt to
re olve the matter on an informal basis with the employee's
sulervisor. If the matter is not resolved to the employee's
salisfaction by the informal discussion it may be reduced
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ARTICLE XXII - GRIEVANCE PROCEDURE (continued)
to writing and referred to Step 2 by the UNION. The written
grievance shall set forth the nature of the grievance, the
facts on which it is based, the alleged section(s) of the
AGREEMENT violated, and the relief requested. Any alleged
violation of the AGREEMENT not reduced to writing by the
UNION within seven (7) calendar days of the first occurrence
of the event giving rise to the grievance or within the use
of reasonable diligence should have had knowledge of the
first occurrence of the event giving rise to the grievance,
shall be considered waived.
Step 2. Within seven (7) calendar days after receiving the
written grievance a designated EMPLOYER supervisor shall
meet with the Union Steward and attempt to resolve the grievance.
If, as a result of this meeting, the grievance remains un-
resolved, 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 X};II� - GRIEVANCE PROCEDURE (continued)
St 3. Within seven (7) calendar days following receipt of a
gr evance referred from Step 2 a designated EMPLOYER supervisor
sh ll meet with the Union Business Manager or his designated
re� resentative and attempt to resolve the grievance. Within
se en (7) calendar days following this meeting the EMPLOYER
shlll reply in writing to the UNION stating the EMPLOYER'S
anlwer concerning the grievance. If, as a result of the
wr tten response the grievance remains unresolved, the UNION
ma refer the grievance to Step 4. Any grievance not referred
to, in writing by the UNION to Step 4 within seven (7) calendar
da� s following receipt of the EMPLOYER'S answer shall be
co sidered waived.
St' 4. If the grievance remains unresolved, the UNION may within
se en (7) calendar days after the response of the EMPLOYER in
St' p 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
an the UNION within seven (7) calendar days after notice has been
i
gi' en. If the parties fail to mutually agree upon an arbitrator
wi hin the said seven (7) day period, either party may request
th Public Employment Relation Board to submit a panel of five (5)
arlitrators. Both the EMPLOYER and the UNION shall have the right
tojstrike two (2) names from the panel. The UNION shall strike
thl first (lst) name; the EMPLOYER shall then strike one (1)
nale. The process will be repreated and the remaining person
i
sh 11 be the arbitrator.
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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, rules, or
regulations having the force and effect of law. The arbitrator's
decision shall be submitted in writing within thirty (30) days following
close of the hearing or the submission of briefs by the parties, which-
ever 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 �he 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 cancels an arbitration hearing or asks
for a last-minute postponement that leads to the arbitrators making a
change, the canceling party or the party asking for the postponement
shall pay this charge. If either party desires a verbatim record of
the proceedings, it may cause such a record to be made providing it
pays for the record.
22.7 The time limits in each step of this procedure may be extended by mutual
agreement of the EMPLOYER and the UNION.
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/
����1�
ARTICLE XXIi� I- RIGHT OF SUBCONTRACT
23. 1 The LOYER may, at any time during the duration of this AGREEMENT,
contra' t out work done by the employees covered by this AGREEMENT.
In the, event that such contracting would result in a reduction of the
work f rce covered by this AGREEMENT, the EMPLOYER shall give the UNION
a nine y (90) calendar day notice of the intention to subcontract.
23.2 The su contracting of work done by the employees covered by this
AGRE T shall in all cases be made only to employers who qualify
in accordance with Ordinance No. 14013.
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ARTICLE X}�IV- 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 nonmembership 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.
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/
. �=�(-���
ARTICLE XX - SEVERABILITY
25. 1 In th event that any provision(s) of this AGREEMENT is declared
to be� contrary to law by proper legislative, administrative, or
I
judic al authority from whose finding, determination, or decree
no ap eal is taken, such provision(s) shall be voided. All other
provi�'ons shall continue in full force and effect.
25.2 The pa ties agree to, upon written notice, enter into ne otiations
8
to pla e the voided provisions of the AGREEMENT in compliance with
the le islative, administrative, or judicial determination.
�
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I�
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ARTICLE XXVI - WAIVER
26.1 The EMPLOYER and the UNION acknowledge that during the meeting and
negotiating which resulted in this AGREEMENT, each had the right and
opportunity to make proposals with respect to any subject concerning
the terms and conditions of employment. The agreements and under-
standings reached by the parties after the exercise of this right
are fully and completely set forth in this AGREEMENT.
26.2 Therefore, the EMPLOYER and the UNION for the duration of this
AGREEMENT agree that the other party shall not be obligated to
meet and negotiate over any term or conditions of employment whether
specifically covered or not specifically covered by this AGREEMENT.
The UNION and EMPLOYER may, however, mutually agree to modify any
provision of this AGREEMENT.
26.3 Any and all prior ordinances, agreements, resolutions, practices,
policies, and rules or regulations regarding the terms and conditions
of employment, to the extent they are inconsistent with this AGREEMENT,
are hereby superseded.
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ARTICLE XX II - MILEAGE
' 27.1 Autom bile Reimbursement Authorized: Pursuant to Chapter 33 of the
SaintjPaul Administrative Code, as amended, pertaining to reimbursement
of Ci y officers and employees for the use of their own automobiles in
the p rformance of their duties, the following provisions are adopted.
i
27.2 Metho of Com utation: To be eligible for such reimbursement, all
offic rs and employees must receive written authorization from the
Depar� ent Head.
T e L. If an employee is required to use his/her own automobile
OCCAS NALLY during employment, the em plo yee shall be r e i m b u r s e d a t
the ral e of $3.00 per day for each day the employee's vehicle is
actuali y used in performing the duties of the employee's position.
In add tion, the employee shall be reimbursed 15C per mile for each
mile a tually driven.
If suc� employee is required to drive an automobile during employment and
the de artment head or designated representative determines that an
employ r vehicle is available for the employee's use but the employee
desire 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 an ' per diem.
Type 2! If an employee is required to use his/her own automobile
REGU Y during employment, the employee shall be reimbursed at the
rate ot� $3.00 per day for each day of work. In addition, the employee
shall bl reimbursed 15� per mile for each mile actually driven.
If suchiemployee is required to drive an automobile during employment
and the, department head or designated representative determines that
an empl yer 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 t the rate of 15� per mile driven and shall not be eligible for
any per, diem.
27.3 The Citl will provide parking at the Civic Center Parking Ramp for City
employe s on either of the above mentioned types of reimbursement plans
who are ,required to have their personal car available for City business.
Such pa�+ ing will be provided only for the days the employee is required
to have ' is or her own personal car available.
27.4 Rules a Re ulations: The Mayo= shall adopt rules and regulations
governi the procedures for automobile reimbursement, which regulations
and rulel shall contain the requirement that recipients shall file daily
reports ndicating miles driven and shall file monthly affidavits stating
the numb r of days worked and the number of miles driven, and further
require hat they maintain automobile liability insurance in amounts of
not less than $100,000/$300,000 for personal in,jury, and $25,000 for
property', damage, or liability insurance in amounts not less than $300,000
single l mit 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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ARTICLE XXVIII - DURATION AND PLEDGE
28.1 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 28.2.
28.2 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.
28.3 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:
28.31 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 in part from the full, faithful performance of their duties
of employment.
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F
� ARTICLE III - DURATION AND PLEDGE (continued)
r
c �
., 28.32 ' The EMPLOYER will not engage in, instigate, or condone
� I any lockout of employees.
' 28.33 ! This constitutes a tentative agreement between the parties
� which will be recommended by the City Negotiator, but is
I subject to the approval of the Administration of the City
��, and is also subject to ratification by the UNION.
AGREEDIIto this lst day of July 1986, and attested to as the full
and complet understanding of the parties for the period of time herein speci-
i
fied by the'isignature of the following representative for the EMPLOYER and
the UNION.
WITNESSES:
CITY OF SAI T PAUL UNITED UNION OF ROOFERS, WATERPROOFERS
AND ALLIED WORKERS LOCAL UNION 96
,�''�fd ��/ . /
� �1�LGtC' _,�L�2�C�
abor elat ons � Business Manager
i��� �
Labor Relat ns
I
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APPENDIX A
The classes of positions recognized by the EMPLOYER as being exclusively
represented by the UNION are as follows:
Roofer Foreman
Roofer
Apprentice
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.
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APPENDIX C
The basic hourly wage rate for provisional, regular, and probationary
employees appointed to the following classes of positions and not receiving
the Fringe Benefits listed in Article 12.2 shall be:
Effective Effective Effective
4-26-86 4-25-87 5-07-88
Roofer. . . . . . . . . . $16.33* $16.81* $17.29*
Roofer Foreman. . . . . . $17.53* $18.01* $18.49*
The basic hourly wage rate for temporary and emergency employees appointed
to the following classes of positions shall be:
Effective Effective Effective
4-16-86 4-25-87 5-07-88
Roofer. . . . . . . . . . $16.98* $17.48* $17.98*
Roofer Foreman. . . . . . $18.23* $18.73* $19.23*
Apprentice
0 - 500 hours . . . . . . . . . 667 of Roofer rate
501 - 1300 hours. . . . . . . . 70� of Roofer rate
1301 - 2100 hours . . . . . . . 807 of Roofer rate
2101 - 2900 hours . . . . . . . 857 of Roofer rate
2901 - 3700 hours . . . . . . . 90� of Roofer rate
3701 - 4500 hours . . . . . . . 957 of Roofer rate
The basic hourly wage rate for regular employees appointed to the follow-
ing class of positions who are receiving the Fringe Benefits listed in Article
12.2 shall be:
Effective Effective Effective
4-26-86 4-25-87 5-07-88
Roofer. . . . . . . . . . $16.64 ** **
*This rate includes the $1.25 taxable vacation contribution.
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APPENDIX C (ct ntinued)
. �
**The April 5, 1987 and May 7, 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 health and life insurance for the periods May,
1986 throughlApril, 1987 and May, 1987 through April, 1988 respectively and vacation
and pension or 1987 and 1988 respectively incurred by the employer for employees
in this barg ining unit.
A ril 25, 1987 Ma 7 1
� Y . 988
Roofer ' . $20.75 $21.25
If the nion elects to have the contributions listed in Appendix D increased
or decreased� the Employer may ad�ust the above applicable rates for participating
employees inisuch a way that the total cost of the package (wage rate plus
contribution ) remains constant.
i
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i
APPEIv'DIX D
Effective May 1, 1986, the EMPLOYER shall:
s
(1) contribute $1.27 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 covered by
this AGREEMENT, to a UNION designated Welfare Fund.
(2) contribute $ .50 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 covered by
this AGREEMENT, to a Pension Fund
(3) contribute $1.25 per hour from which payroll deduction has been
made for all hours worked by participating employees as defined
in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a
Vacation Fund.
(4) contribute $ .10 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 covered by
this AGREEMENT, to an �prenticeship Training Fund.
(5) contribute $1.40 per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 covered by
this AGREEMENT, to an Annuity Plan.
All contributions made in accordance with this Appendix shall be forwarded
to depositories as directed by the UNION.
The EMPLOYER shall establish Workman's Compensation and Unemployment
Compensation programs as required by Minnesota Statutes.
Participating employees as defined in Articles 12.3, 12.4 and 12.5 covered
by this AGREEMENT, shall not be eligible for, governed by, or accumulate
vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe
benefits that are or may be established by Civil Service Rules, Council
Ordinance, or Council Resolution.
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. �`6�
APPENDIX
D (continued)
t
The LOYER'S fringe benefit obligation to participating employees as
�
defined in ' rticles 12.3, 12.4 and 12.5 is limited to the contributions
and/or dedu tions established by this AGREEMENT. The actual level of
benefits pr vided to employees shall be the responsibility of the Trustees
of the vari us funds to which the EMPLOYER has forwarded contributions and/or
deductions.l
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�t -�.� �_r��-K.
. . �- �-��a�
,ry. '� CITY OF SAINT P�.
. UL
,
�. siiir�'ii:� II O�`FIC�.' OF TF3T CITY COIINCIL
.
. .
� Committee Re�art -
,
F:' ' anee l�an.a ement P�rsonnel Ccmmittee. �
JULY 31, 1986
1. Approval � f minutes from meeting held July 24, 1986. approved
_�
2. Executiv Order (laid over from Jul 3, 1986) :
E-24: Esj ablishment of an Employee Policy of HTLV-III Disease (AIDS). ,
letter t Ma or -
3. Resoluti requesting the Mayor to examine and report on the feasibility
of estab "shing a Police-Community Relations Office in the Summit-University
area at 'lton and Selby and providing that the Ma.yor will request the Civil
Service mmission to rectify the qualifications of Deputy Chief of Police.
first is e referred back to Task Force; second issue laid over to 8/7
4.� An ordin ce establishing the title of Intergovernmental Relations Coordinator
as speci�'ed by Chapter 12 of the Charter, Section 12.03(H) thereof.
assed oul without rec. - - - - --
5. Resolutiq establishing the rate of pay for Intergoverzimental Relations
Coordinat{ r in Grade 53, Section V, Subsection D, "Professional Group" Un-
classifi� , of the Salary Plan and Rates of Compensation Resolution.
assed o without rec.
6. Resolutiq transferring Meter Monitor function from Finance and Ma.nagement
� Services � Treasury Division - to Saint Paul Police Department - Surface
Parking it. approved
7. Resoluti 86-14 amending ,Section 19 of the Civil Service Rules concerning
leave of absence to bring into conformance with Section 12.13 of the City
Charter la�.d over £rom July 24, 1986) . approved
8. Resoluti n approving 1986 Maintenance Labor Agreement between the City and
Internat onal Union of Elevator Constructors Local 9. appraved
9. Resa���- � approviaa Maintenance Labor Agreement between the City and Unit�d
Ur�iosf af Rc�►fers, Waterproofers and Allied Aorkers, Local 96. agproved-
10. Resoluti n amending the 1985-1987 Collective Bargaining Agreement between
the City and Plumbers Local 34 pertaining to a uniform allowance for
inspecti nal employees assigned to the Fire Department. approved '
11. Resoluti n approving Memorandum of Understanding between the City and
Internat onal Union Operating Engineers, Locals 70 and 967 concerning conditions
governin a premium pay rate for advanced training for certain classifications
of emplo ees in this bargaining unit. approved
. . . . .. -
CITY HALL SEVENTH FLOOR SAINT PAUL,MINNESOTA SS Id2
d�46
.
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