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86-1284 WHITE - CITV CLERK C NARV - OEPAR MENT I GITY OF SAINT PAUL Council s � BLUE - MAVOR File NO. ° � � C uncil Resolution - - . �-�---� Presented By Referred To Committee: Date �� Out of Commit ee By Date RESOLVE , that the Council of the City of Saint Paul hereby approves and ratifies thelattach d 1986-1989 Maintenance Labor Agreement between the I dependent School Distr ct No. 625 and Bricklayers and Allied Craftsmen, Local Union o. 1 . . . COUNCILMEN Yeas Nays II Requested by Department of: Drew Nicosia ln Favor PERSONNEL OFFICE Rettman Scheibel � Sonnen � __ Against BY Tedesco ��`�Q� ! /� Wilson 'J- (•/ Adopted by Council: II ate �7EP 1 � � Form A roved by City �ey � Certified Pas� ounci Se r BY B}� Appro y :Vlavor: Date ! `�Cr � `� ��o� App o ed y Mayor for Sub si n to Coun il � B �-_ � _ �.--�%�.-�� gY �" RUBI HED S�P �0� � _ C� �-��� � � � �a�� � CITY OF SAINT PAIIL siiilii.''ii � OFFICE O�' TH� CITY COIINCIL c� �� . --„ �.{ . �r�--< �- . _; �� ..,i I....� � Committee Re art - `� -�-� � � � . - Ca p •�II • `, GJ F: an�� l�ana ement & persannel C�mmlttee. t��, -����� � �� �, SEPTF.�IDER 4, 1986 ��" `'' 1. Approval f minu es from meeting held August 28, 1986. avvroved 2. Resolutio amend ng the 1982 Capital Improvement Budget by transferring $560,000 om Me ro Parks Grant (Battle Creek Park Reimbursement) to Log 4� Parks andi ecrea ion - Central Service facility (laid over from August 2 ). /1 . 3. Resolutioll amend the 1986 bud et and addin $417 481 to the Financin Plan g g g � g and to the Spend g Plan for Library Aides and Grants. approved 4. Resolutionl amend' g the 1986 budget and adding $62,819 and $23,785 to th Financing �i lan a to the Spending Plan for Friends of the Library. a roved 5. Resolution� amendi g the 1986 budget and adding $2,909 to the Financing P an and to thei Spendi g Plan for Library Special Revenue Funds. a roved 6. Resolution�iamendi g the 1986 budget and adding $4,220 to the Financing P an and to theiSpendi g Plan for Perrie Jones Library Fund. avproved 7. Resolution! amendi g the 1986 budget and adding $21,000 to the Financing lan and to the� Spendi g Plan for Special Projects - Police Responsive Servic s. a rove 8. Resolutionllamendi g the 1986 budget and transferring $21,000 from Genera Government� Accoun s to Police Administrative Units. approved . 9. Resolutionjauthor zing an agreement with David M. Griffith and Associate , Ltd. , wher by the city agrees to pay a maximum of $6,000.00 for assistan e in the pre aratio of the city's Cost Allocation Plan. approved 10. Se'lsolution appr0 . ;Z9�14� �enance Labor Agreca�nt.:�;�•.Zr,�dep d�nt 5chool' '[` � ` and Br�etLt�:4xs and Al��sd C�aftst�� LocaY��'�'tt'�t iQo. 1. �' 11. Resolution pprov �g Labor Agreement between the city and International Brotherhooc� of Pa'nters and Allied Trades, Local 61. approved 12. Resolution ! uthor'zing a five-year lease agreement between the city and P rt Crosby Assd iates (Amhoist) on behalf of the Police Department for the expansion q the pound Lot. laid over to 9/18 - 13. AdministraU ve Ord' rs: D-8072: Ad�i ition f $11,887.85 to the contract for tuckpointing at Fire CTTY HALL � SEVENTH FLOOR �SAINT PAUL,MINN TA 55102 �ra � � COMMITTEE REPORT FINANCE, MANAGEMENT & PERSONNEL COMMITTEE September 4 Page 2 . Station No. 20 (laid over from August 28) . disc. D-8080: Approval of payment to Personnel Decisions Inc. for Assessment Center for testing for Library Public Services Managers (laid over from August 28) . disc. D-8095: Authorization for payment to Brushworks and Citywide Postering Inc. for services for the Rivertown International Film Festival. disc. 14. Report by Greg Haupt, Citywide Information Services, on status of payroll computers. Being handled outside of ineeting - , ' P�l�� y ` o Personnel Office DEPAR�MENT N. 05932 Jim Lombardi CONTACT 7301 PHONE 8-8�-86 DATE ��/�� �r � ASSIGN NUl!�ER ,FQR R ING DER C1 i All Locations for Si nature : � Department Dire or 3 Director �f Managemen /Mayor ` Finance and Mana ement ervices Director � 4 City Clerk udget Director � City Attorne�y WHAT WILL BE ACH�I�YE BY T IN6 ACTION ON THE ATTACHED MATE IALS? (Purpose/ This resolution app ves t new Agreement between the ISD ��625 an�he�n�r�i�cklay rs Union Local No. 1 . The new Agreement in ludes he changes listed on the attached sheet. �E^Et �, ED . AUG 1 2 986 COST BENEFIT BUpGET Y AND ERSONNEL IMPACTS ANTICIPATED: ' C1TY AT Oi�i'�EY None - applies only o Scho 1 District �ECE�i Vc� . /1f1� � ,'� �.��„ T.?�q j,(�r�=S ��F1�� :�- FINANCING SOURCE IAND UDGET CTIVITY NUNBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Am,ount,of"Tr nsacti n: quired if under � �10,000) , Funding Source,; . _ Activity Number: • � ATTACHMENTS List'and umber 11 Attachments : 1 . Resolution 2. . Copy for City C,le k . DE RTMENT VI CITY ATTORN�Y REYIEW Yes o un�il solut on Required? ' Resolutian Required? Y No Yes Insuranc Requi d? Insurance Sufficient? Y No �� Yes Na Insuranc Attac d: (SEE REVERSE SIDE FOR INSTRUCTIONS) . � Revised 12/84 , � (��-�f(r-/��'�. 1986-1989 �Iain� nance Labor Agreement between ISD�k625 & Bricklayers, Local N . 1 . Article XIi - W� ges: anguage change which clarifies the $6,500 maximum sev rance pay. Article XV - Ho, idays: New language allowing without benefit employees to w rk on minor holidays at straight time. Appendix C - Wa� es: Total package increase of 50� per hour for each year. The premium pay for swing stage work is adjusted fro 30� to 45C per hour. Appendix E - Re iremen : States mandatory retirement at age 70. (This is no a change, but a clarification. ) This new Agreem nt is or the period April 26, 1986 through April 30, 1989. , � _/„2��/ � � I N D E X ARTICLI TITLE PAGE � � Preamble iii I Pur ose 1 P II Recognition 1 III I� Employer Rights 1 IV Union Rights 2 V Scope of the Agreement 2 VI Probationary Periods 3 , VII � Philosophy of Employment and Compensation 3 VIII Hours of Work 4 IX Overtime 5 . X Call Back 5 XI Work Location 6 XII ages 7 XIII Frin e Benefits 10 S XIV , election of Foreman and General Foreman 10 XV olidays 11 XVI isci linar Procedures 13 P Y . XVII bsences from Work 13 XVIII � eniority 14 XIX urisdiction 15 XX eparation 15 XXI , ools 15 XXII � rievance Procedure 16 XXIII ight of Subcontract 18 XXIV on-discrimination 18 XXV everability 18 XXVI i aiver 19 , XXVII ileage-Independent School District No. 625 19 XXVIII uration and Pledge 20 , pendix A A1 pendix B B1 pendix C 1-2 pendix D D1 pendix E E1 • - ii - i P R E A M B L E � This AGREEMENT is entered into between Independent School District No. 625, hereinafter referred to as the EMPLOYER and the Bricklayers and Stone Masons Union No. 1, hereinafter referred to as the UNION. The EMPLOYER and the UNION concur that this AGREEMENT has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor management cooperation. The EMPLOYER and the UNION both realize that this goal depends not only on the words in the AGREEMENT but rather primarily on attitudes , between people at all levels of responsibility. Constructive attitudes of the EMPLOYER, the UNION, and the individual employees will best serve the needs of the general public. . • • - iii - -� -,��y ARTICLE I - P OSE • 1.1 Th EMPL YER and the UNION agree that the purpose for enteri g into th s AGRE ENT is to: l.11 Achi ve orderly and peaceful relations, thereby establis ing a syst m of uninterrupted operations and the highest le el of empl yee performance that is consistent with the safe y and well being of all concerned; 1. 12 Set orth rates of pay, hours of work, and other conditi ns of empl yment as have been agreed upon by the EMPLOYER a d the UNIO ; 1. 1�3 Esta lish procedures to orderly and peacefully resolve di putes . as t the application or interpretation of this AGREEMENT w thout loss of manpower productivity. , 1.2 Th� EMPLO ER and the UNION agree that this AGREEMENT serves as a sup� lemen to legislation that creates and directs the EMPLOYE . If anyl part f this AGREEMENT is in conflict with such legislatio , the lati er sh 11 prevail. The parties, on written notice, agr e to neg tiate hat part in conflict so that it conforms to the stat te as pro ided b Article 25 (SEVERABILITY). ARTICLE II - RE OGNITION • 2. 1 TheiEMPLOY R recognizes the UNION as the exclusive representati for col ective bargaining purposes for all personnel having an empl ment sta us of egular, probationary, provisional, temporary, and eme ency emp oyed i the classes of positions defined in 2.2 as certifi d by thei Burea of Mediation Services in accordance with Case No. 73- R-537- dated June 4, 1973. 2.2 The � classe of positions recognized as being exclusively repres nted by t' e UNI N are as listed in Appendix A. ARTICLE II I - LOYER RIGHTS . 3. 1 The �EMPLOY R retains the right to operate and manage all manp wer, faci� ities, and equipment; to establish functions and programs; t set and �amend udgets; to determine the utilization of technology to esta lish d modify the organizational structure; to select, di ect, and eterm ne the number of personnel; and to perform any inh rent mana� erial unction not specifically limited by this AGREEMENT. 3.2 Any � "term or condition of employment" not established by this AGRE ENT hall remain with the EMPLOYER to eliminate, modif or • esta lish f llowing written notification to the UNION. - 1 - 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 right 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. ARTICLE V - SCOPE OF THE AGREEMENT • 5.1 This AGREEMENT establishes the "terms and conditions of employment" defined by M. S. 179.63, Subdivision 18, for all employees exclusively represented by the UNION. This AGREEMENT shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. • - 2 - �- �a�� ARTICLEi VI - OBATIONARY PERIODS � 6. 1 All erso nel ori inall hired or reh p , g y ired following separatio , in a re ular ployment status shall serve a six (6) months' proba ionary pe iod du ing which time the �employee's fitness and ability to erform th clas of positions' duties and responsibilities sha 1 be ev luated 6. 11 At y time during the probationary period an employee ay be term nated at the discretion of the EMPLOYER without app al to the rovisions of Article 22 (GRIEVANCE PROCEDURE). 6.12 An mployee terminated during the probationary period shall rece ve a written notice of the reason(s) for such terminat"on, a copy of which shall be sent to the UNION. � 6.2 All perso nel promoted to a higher class of positions shall s rve a si� (6) m nths' promotional probationary period during which ti e the , emp� oyee' fitness and ability to perform the class of posi ions' dut� es an responsibilities shall be evaluated. 6.2i At y time during the promotional probationary peri d an emplo ee may be demoted to the employee's previously-held class li of p itions at the discretion of the EMPLOYER without app al to , the p ovisions of Article 22 (GRIEVANCE PROCEDURE). 6.21 An e ployee demoted during the promotional probationary eriod • i shall be returned to the employee's previously-held cla s of ; posit ons and shall receive a written notice of the reason for ; demot on, a copy of which shall be sent to the UNION. ARTICLE IIII - P ILOSOPHY OF EMPLOYMENT AND COMPENSATION 7. 1 TheIEMPLOY R and the UNION are in full agreement that the philo ophy of mploy nt and compensation shall be a "cash" hourly wag and "ind stry" fringe benefit system. 7.2 TheIEMPLOY R shall compensate employees for all hours worked a the � basil hour y wage rate and hourly fringe benefit rate as fou d in Artil les 1 (WAGES) and 13 (FRINGE BENEFITS). 7.3 No o! her c pensation or fringe benefit shall be accumulated or e rned by a! empl yee except as specifically provided for in this AGRE ENT; exce t th se employees who have individually optioned to be "gra dfathe ed" as provided by 12.2. • - 3 - i 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 Al1 employees are subject to call-back by the EMPLOYER as provided by Article 10 (CALL BACK). 8.7 Employees reporting for work at the established starting time and for • whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. • - 4 - � /�� ARTICL� IX - ERTIME • 9. 1 All over ime compensated for by the EMPLOYER must receive prior au horiza ion from a designated II�LOYER supervisor. No overti e work c1 im wi 1 be honored for payment or credit unless appro ed in ad ance. An overtime claim will not be honored, even though sh wn on th time ard, unless the required advance approval has been obt ined. 9.2 Th� overt me rate of one and one-half (1�) the basic hourly rate shall be�paid f r work performed under the following circumstances: 9. 1 Time worked in excess of eight (8) hours in any one norma work day, and 9.�2 Time worked in excess of forty (40) hours in a seven ( ) day . � peri d. 9.3 Fon the p rposes of calculating overtime compensation, overtime hours , won ed sh 11 not be "pyramided", compounded or paid twice for th same ho� s wor ed. 9.4 Ove time ours worked as provided by this ARTICLE shall be pa'd in cas� or i compensatory time as determined by the EMPLOYER. ARTICLE � - CAL BACK • 10. 1 The' EMPLO ER retains the right to call back employees befo e an empioyee h s started a normal work day or normal work week and iter an mploye has completed a normal work day or normal work week. 10.2 Emp oyees alled back shall receive a minimum of four (4) hours pay at he bas c hourly rate. 10.3 Thei hours worked based on a call-back shall be compensate in accdrdance with Article 9 (OVERTIME) , when applicable, and subje t to the ' inimu established by 10.2 above. 10.4 Emp]� yees alled back four (4) hours or less prior to their n rmal worl� day s all complete the normal work day and be compensated only forj he ov rtime hours worked in accordance with Article 9 (OVERT ME) . • - 5 - ARTICLE XI - WORK LOCATION 11. 1 Employees shall report to work location as assigned by a designated � EMPLOYER supervisor. During the normal work day, employees may be assigned to other work locations at the discretion of the II�LOYER. � 11.2 Employees assigned to work locations during the normal work day other than their original assignment, and who are required to furnish their own transportation, shall be compensated for mileage. • . - 6 - _���� ARTICLEi XII - AGES ` 12.1 Th� basic hourly wage rates as established by Appendix C shall e paid fo all h urs worked by an employee. . 12.2 Em loyees who are covered by the fringe benefits listed below shall co tinue o be covered by such benefits. They shall be subject to all ot er pro isions of the AGREEMENT, but shall not have hourly ringe be efit ontributions and/or deductions made on their beh lf as pr vided or by ARTICLE 13 (FRINGE BENEFITS) . 12,21 In urance benefits as established by City of Saint Paul Re olutions including life, hospital, and health insuranc for ea ly retirees who have retired since May 8, 1978. In or er to be eli ible for the health benefits under the earl retir e g y . pr vision, the employee must: 12.21. 1 Be receiving benefits from a public employee retirement act at the time of retirement. 12.21.2 Have severed his relationship with the City of S int Paul and Independent School District No, 625 und r one of the early retiree plans. 12. 1.3 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 elig' le � for early retiree insurance benefits. 12. 2 Sic leave as established by Civil Service Rules, Section 0. 12. 3 Vac tion as established by the Saint Paul Salary Plan and ates of ompensation, Section I, Subdivision H. 12. 4 Ten (10) legal holidays as established by the Saint Paul S lary Pla and Rates of Compensation, Section I, Subdivision I. 12.2 Sev rance benefits as established by the School District's Sev rance Pay Plan with a maximum payment of $4,000. or as _ est blished by Section 12.26 of this Article. 12.2�� Sev rance Pa : Provisions effective Se tember 1, 1984. T e Emp yer shall provide a severance pay program as set fort in ' this Article: 12.2 .1 To be eligible for the severance pay program, an employee must meet the following requirements: 12.26. 11 The employee must be 58 years of age or lder or must be eligible for pension under the "rule of 85" or the "rule of 90" provi ions of the Public Employees Retire ent • Association (PERA). The "rule of 85" or the "rule of 90" criteria shall also appl to employees covered by a public pension lan other than PERA. - 7 - Article XII - Wages (continued) 12.26.12 The employee must be voluntarily separated � from School District employment or have been subject to separation by layoff or compulsory retirement. Those employees who are dis- charged for cause, misconduct, inefficiency, incompetency or any other disciplinary reason are not eligible for this severance pay program. 12.26. 13 The employee must have at least ten (10) years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this Article, employment in either the City of Saint Paul or in Independent School � District No. 625 may be used in meeting this ten- (10) year service requirement. 12.26.14 The employee must file a waiver of re- employment with the Director of Personnel, which will clearly indicate that by request- ing severance pay, the employee waives all claims to reinstatement or re-employment (of any type) with the City of Saint Paul or with Independent School District No. 625. 12.26.15 The employee must have accumulated a minimum � of sixty (60) days of sick leave credits at the time of his separation from service. 12.26.2 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum total payment of $6,500. 12.26.3 For the purpose of this severance pay 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 may be made to the employee's estate or spouse. 12.26.4 For the purpose of this severance pay program, a trans- fer from Independent School District No. 625 employment to City of Saint Paui employment is not considered a separation of employment, and such transferee shall not be eligible for this severance program. • - 8 - � _,��� Article� XII - ages (continued) � 12 26.5 The manner of a ment of such severance a shall be P Y P Y made in accordance with the provisions of the chool District Severance Pay Plan already in existence. . . . . 12 26.6 This severance pay program shall be subject to an gov- erned by the provisions of the original School Di trict Severance Pay Plan (which allows $4,000 maximum payment) except in those cases where the sp cific provisions of this Article conflict with said Sev rance Pay Plan and in such cases, the provisions of this Article shall control. 12.26.7 Any employee hired prior to February 15, 1974 may in any event, and upon meeting the qualifications of this � Article or the original School District Basic Sev rance Pay Plan (which allows $4,000 maximum payment) , d aw , severance pay. However, an election by the emplo ee to draw severance pay under either this Article or t e basic School District Severance Pay Plan shall co sti- tute a bar to receiving severance pay from the ot er. 12. 6.8 An employee of Independent School District No. 62 shall not be eligible for the severance pay provi ion of this Article if such employee is also eligible nd a recipient of Early Retirement Incentive payment u er • any Agreement between the exclusive representative and the School District. 12.3 Reg lar em loyees not covered by the fringe benefits listed in Ar icle 12. , shal be considered, for the purposes of this AGREE ENT, par icipat ng employees and shall be compensated in accordance with Art cle 1 ,1 (WAGES) and have fringe benefit contributions a d/or ded ctions made on their behalf as provided for by Article 13 (F INGE BEN FITS) . 12.4 Prolisiona , temporary, and emergency employees shall be consid red, forlthe pu poses of this AGREEMENT, participating employees and hall be d mpens ted in accordance with Article 12. 1 (WAGES) and have f inge bene� it c tributions and/or deductions made in their behal as provl ded f r by Article 13 (FRINGE BENEFITS) . 12.5 Alll' regula employees employed after February 15, 1974, shal be cons� dered, for the purpose of this AGREEMENT, participating empl yees and � hall e compensated in accordance with Article 12. 1 (WAGES) and have� fring benefit contributions and/or deductions made on heir beha� f as p ovided for by Article 13 (FRINGE BENEFITS) . i - 9 - � 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. � ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN 14.1 The selection of personnel for the class of position of Foreman shall remain solely with the EMPLOYER. 14.2 The class of position of Foreman shall be filled by employees of the bargaining unit on a "temporary assignment". 14.3 All "temporary assignments" shall be made only at the direction of a designated EMPLOYER supervisor. , 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. • • - 10 - �' - /� �� ARTICLE XV - H LIDAYS � 15. 1 Thl� follo ing ten (10) days shall be designated as holidays: New ear's. Day, January 1 . . Mart n Luther King Day, Third Monday in January (effective 1986) Pres dents' Day, Third Monday in February Memo ial Day, Last Monday in May Inde endence Day, July 4 Labo Day, First Monday in September Colu bus Day, Second Monday in October Vete ans' Day, November 11 Than sgiving Day, Fourth Thursday in November Chri tmas Day, December 25. . 15.2 Whe� New ear's Day, Independence Day or Christmas Day falls on a Sur� ay, t e following Monday shall be considered the desi nated hol� day. When any of these three (3) holidays falls on a Sat rday, � the prece ing Friday shall be considered the designated holiday. 15.3 The� ten (1 ) holidays shall be considered non-work days. 15.4 If,! in t e judgment of the EMPLOYER, personnel are necessar for ope ating r emergency reasons, employees may be scheduled or " alled bac " in a cordance with Article 10 (CALL BACK). • 15.5 Par icipat ng employees as defined in Articles 12.3, 12.4, and 12.5 ass gned t work on Martin Luther King Day, Presidents' Day, Co mbus Dayior Vet rans' Day shall be compensated on a straight-time bas s for suc hours worked. 15.6 Suc� part cipating employees assigned to work on New Year's Day, Mem� rial ay, Independence Day, Labor Day, Thanksgiving Da or Chr stmas ay shall be compensated at the rate of two (2) time the bas c hour y rate for such hours worked. 15.7 - I an e ployee other than a participating employee entitled to a holil ay is required to work on Martin Luther King Day, Presid nts` Day� Colum us Day or Veterans' Day, he shall be granted anothe day _ offi ith p y in lieu thereof as soon thereafter as the convenien e of theldepart ent permits or he shall be paid on a straight-time asis for � uch h urs worked, in addition to his regular holiday pay. - Ifi an em loyee other than a participating employee entitled to holiday is ri quire to work on New Year's Day, Memorial Day, Independence Day, Labo Day, hanksgiving Day or Christmas Day, he shall be compens ted for work� done on this day by being granted compensatory time n a time� and-on -half basis or by being paid on a time-and-one-half b sis for such� hours orked, in addition to his regular holiday pay. Eliglbility for holiday pay shall be determined in accordance wit Section I (d e) , S bsection I of the Saint Paul Salary Plan and Rate of • Comp nsatio . - 11 - Article XV - Holidays (continued) 15.8 In the case of Board of Education employees entitled to a holiday, if � Martin Luther King Day, Presidents� Day, Columbus Day or Veterans' Day falls on a day when school is in session, the employees shall work . that day at straight time and another day shall be designated as the holiday. This designated holiday shall be a day on which school is not in session and shall be determined by agreement between the employee and his supervisor. • • - 12 - �-i�� ARTICLEIXVI - ISCIPLINARY PROCEDURES � 16. 1 Th� EMPLO ER shall have the right to impose disciplinary acti ns on em� oyees for �ust cause. 16.2 Dis iplin ry actions by the EMPLOYER shall include only the fol owing act'ons: 16.� 1 ral reprimand; 16.! 2 ritten reprimand; 16.i 3 uspension; 16.1 4 emotion; 16.i5 ischarge. 16.3 Employees who are suspended, demoted or discharged shall hav the rig t to equest that such actions be reviewed by the Civil S rvice Co ission or a designated Board of Review. The Civil S rvice Co ission or a designated Board of Review shall be the sol and exc usive eans of reviewing a suspension, demotion or discharge. No app al of a suspension, demotion or discharge shall be conside ed a "gr evance ' for the purpose of processing through the provisio s of Art cle 22 (GRIEVANCE PROCEDURE) . ARTICLE VII - SENCES FROM WORK • 17.1 Employees ho are unable to report for their normal work day hav the responsibi ity to notify their supervisor of such absence as so n as pos�ible, ut in no event later than the beginning of such work d v. 17.2 Fail, re to make such notification may be grounds for discipli e as prov'ded i Article 16 (DISCIPLINARY PROCEDURES) . 17.3 Fail� re t report for work without notification for three (3) cons�' cutiv normal work days may be considered a "quit" by the EMPL� YER o the part of the employee. . • - 13 - ARTICLE XVIII - SENIORITY 18.1 Seniority, for the purpose of this AGREEMENT, shall be defined as � follows: 18. 11 "Master Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the last date of employment in any and all class titles covered by this AGREEMENT. 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 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or in�ury; is granted to allow an employee to accept an appointment to the unclassified service of the EMPLOYER or to an elected or appointed full-time position with the UNION. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the EMPLOYER that it is necessary to reduce the work force, employees will be laid off by class title within each Department based on inverse length of "Class Seniority". • Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after two years of layoff. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", subject to the approval of the EMPLOYER. • - 14 - �-��-�%' ARTICLEI! XIX - URISDICTION � 19. 1 Di putes concerning work �urisdiction between and among uni ns is re ognize as an appropriate subject to determination by the rious un. ons re resenting employees. of the EMPLOYER. 19.2 Th EMPL YER agrees to be guided in the assignment of work ju isdict on by mutual agreements between the unions involved. 19.3 In � the ev nt of a dispute concerning the performance or assigmm �t of wo 'k, the unions involved and the EMPLOYER shall meet as s on as muL� ally ossible to resolve the dispute. Nothing in the for going sh�ll res rict the right of the EMPLOYER to accomplish the w rk as ori inall assigned pending resolution of the dispute or to re trict . th� EMPLO ER'S basic right to assign work. 19.4 Any� emplo ee refusing to perform work assigned by the EMPLOYER nd as cla ified by Sections 19.2 and 19.3 above shall be subje t to disi iplin y action as provided in Article 16 (DISCIP INARY PRO, EDURES). 19.5 Theie sha 1 be no work stoppage, slow down or any disruption o work res lting rom a work assignment. ARTICLE I - SE ARATION • 20. 1 Employees aving a probationary or regular employment status sha 1 be con idered separated from employment based on the following actio s: 20. 11 Res nation. Employees resigning from employment shall gi e written notice fourteen (14) calendar days p ior to the effective date of the resignation. 20.}2 Dis har e. As provided in Article 16. 20. 13 Fai ure to Re ort for Dut . As provided in Article 17. " 20.2 Empl yees aving an emergency, temporary or provisional emplo ment staL� s may be terminated at the discretion of the EMPLOYER befor the comp' etion of a normal work day. - ARTICLE I I T LS 21.1 All I m lo es shall ersonall rovide themselves with the tool of � P Y P Y P the irade a listed in Appendix B. • - 15 - ARTICLE XXII - GRIEVANCE PROCEDURE 22. 1 The EMPLOYER shall recognize Stewards selected in accordance with � UNION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the names of the Stewards and of their successors when so named. 22.2 It is recognized and accepted by the EMPLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EMPLOYER. • 22.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 16.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. 22.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this AGREEMENT, the employee involved shall attempt to resolve • the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the 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. � - 16 - i��y Articlel! XXII - Grievance Procedure (continued) in recei t of a • Stl 3. Within seven (7) calendar days follow g p grievance referred from Step 2, a designated Em loyer . Supervisor shall meet with the Union Business Manager r his designated representative and attempt to resolv the grievance. Within seven (7) calendar days followin this meeting, the EMPLOYER shall reply in writing to the UNION stating the EMPLOYER`S answer concerning the grievance If, as a result of the written response, the grievance r mains unresolved, the UNION may refer the grievance to S ep 4. Any grievance not referred in writing by the UNION to tep 4 ithin seven (7) calendar days following receipt o the EMPLOYER'S answer shall be considered waived. Ste 4. If the grievance remains unresolved, the UNION may wit in _ even (7) calendar days after the response of the EM LOYER n Step 3, by written notice to the EMPLOYER, r quest rbitration of the grievance. The arbitration proce dings hall be conducted by an arbitrator to be selected by utual greement of the EMPLOYER and the UNION within seve (7) alendar days after notice has been given. If the p rties ail to mutually agree upon an arbitrator within the said even- (7) day period, either party may request the ublic mployment Relations Board to submit a panel of fiv (5) rbitrators. Both the EMPLOYER and the UNION shall ha e the ight to strike two (2) names from the panel. The ION • hall strike the first (lst) name; the EMPLOYER shall then trike one (1) name. The process will be repeated an the emaining person shall be the arbitrator. _ 22.5 The! arbitr tor shall have no right to amend, modify, nullify, ig ore, � add ! to o subtract from the provisions of this AGREEMENT. The arb trator shall consider and decide only the specific issue subm'tted in riting by the EMPLOYER and the UNION and shall have no auth rity to I ake decision on any other issue not so submitted. The arbiltrator shall be without power to make decisions contrary o or incd siste t with or modifying or varying in any way the applic tion of 1 ws, r les or regulations having the force and effect of law. The arbi rator s decision shall be submitted in writing within thirty (30) _ day� follo ing close of the hearing or the submission of briefs b the part�l'es, w ichever be later, unless the parties agree to an exten ion. The ecisi n shall be based solely on the arbitrator's interpret tion . or a plica ion of the express terms of this AGREEMENT and to the acts of L� e gri vance presented. The decision of the arbitrator sha 1 be fina and b nding on the EMPLOYER, the UNION, and the employees. 22.6 The � ees a d expenses for the arbitrator's services and procee ings shal� be b rne equally by the EMPLOYER and the UNION, provided that each� part shall be responsible for compensating its own repr� sentat ve and witnesses. If either party desires a ver atim reco d of he proceedings, it may cause such a record to be ade, prov ding i pays for the record. • 22.7 The �� ime 1 mits in each step of this procedure may be extende by mutu l agre ment of the EMPLOYER and the UNION. - 17 - I ARTICLE XXIII - RIGHT 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 would 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. ARTICLE XXIV - NON-DISCRIMINATION 24. 1 The terms and conditions of this AGREEMENT will be applied to employees equally without regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of membership or non-me�bership 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. 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 authority 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. • - 18 - �' - /��� ARTICLE � VI - 41AIVER • 26. 1 Th� EMPLO ER and the UNION acknowledge that during the meeti g and ne tiati g which resulted in this AGREEMENT, each had the rig t and op� rtuni y to make proposals with respect to any subject conc rning . thq term and conditions of employment. The agreement and un rstan ings reached by the parties after the exercise of this right ar� fully and completely set forth in this AGREEMENT. 26.2 The� efore, the EMPLOYER and the UNION for the duration of this AGR EMENT agree that the other party shall not be obligated t meet andl negot ate over any term or condition of employment w ether spej ifica ly covered or not specifically covered by this AGRE ENT. The UNION and EMPLOYER may, however, mutually agree to modif any pro ision f this AGREEMENT. 26.3 Any and 11 prior ordinances, agreements, resolutions, prac ices, pollcies, nd rules or regulations regarding the terms and cond tions of j emplo ent, to the extent they are inconsistent with this AGR EMENT, are hereby superseded. ARTICLE IXVII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625 • 27.1 Emp oyees f the School District under policy adopted by the Bo rd of Edu ation may be reimbursed for the use of their automobile for sch ol bu iness. To be eligible for such reimbursement, emp yees mus rece ve authorization from the District Mileage Co ittee uti izing ne of the following plans: II PLAN "A", effective with the adoption of this Agreemen , is reimb rsed at the rate of 23C per mile. In addition, a ma imum I amoun which can be paid per month is established by an est'mate I furni hed by the employee and the employee's supervisor. ! Anoth r consideration for establishing the maximum amount c n be i the xperience of another working in the same or si ilar iposit on. I Under this plan, it is necessary for the employee to k ep a . recor of each trip made. i PLAN 'C" provides for reimbursement based on a per month 'lump I sum" mount. This amount is determined by the employee's dr ving exper ence under Plan "A" for a period of 3 to 6 months. hose i emplo ees receiving an auto allowance under this plan must r port I month q the number of days the car was available during the month. A deduction must be made from the lump sum amoun for I each ay the employee is on vacation. A deduction need n t be i made or an occasional day of illness or for a holiday. • - 19 - (1� -��`-/ ARTICLE � III - DURATION AND PLEDGE • 28. 1 Thi AGRE NT shall become effective as of the date of s gning, exc pt as specifically provided otherwise in Articles 12 and 3, and shal 1 re in in effect through the 30th day of April, 198 , and con inue n effect from year to year thereafter unless not ce to � cha ge or to terminate is given in the manner provided in 28.2. 28.2 If eithe party desires to terminate or modify this AG EMENT eff ctive s of the date of expiration, the party wishing to mo ify or te inate he AGREEMENT shall give written notice to the other party, notimore t an ninety (90) or less than sixty (60) calendar day prior to he ex iration date, provided that the AGREEMENT may only be so te inated or modified effective as of the expiration date. 28.3 In onside ation of the terms and conditions of employment esta lished , by � his A REEMENT and the recognition that the GRIEVANCE PR CEDURE her in es ablished is the means bq which grievances concerni g its app icatio or interpretation may be peacefully resolved, the rties � her by ple ge that during the term of the AGREEMENT: 28. 1 The UNION and the employees will not engage in, instigate or con one any concerted action in which employees fail to r port for duty, willfully absent themselves from work, stop wor , slo down their work or absent themselves in whole or par from the full, faithful performance of their duties of employm nt. 28.� The II�LOYER will not engage in, instigate or condone any • loc out of employees. 28.3� Thi constitutes a tentative AGREEMENT between the partie whi h will be recommended by the School Board Negotiator, but is ub�ect to the approval of the School Board, the Adm nistration of the City, and is also sub�ect to ratifi ation by he UNION. AGRF� to his � ;�. day of , 1986, and attested to as th full � and comp ete un erstanding of e arties for the period of time erein specified by t e signature of t e following representatives fo the II�LOYER nd th UNION. - WITNESSESI . INDEPENDE T SCHO L DISTRICT N0. 625 BRICKLAYERS AND ALLIED CRAFTS N LOCAL N0. 1 ��� 1 ., ���'_{, II�''�) �- �'l�,� ',i.-t-�- % � � � School 'Bo rd Neg tiator � Business Manager • ` � Chairman, IBoard f Education - 20 - . � -���y APPENDI A • Th clas es of positions recognized by the EMPLOYER as being exclusi ely re resented by the UNION are as follows: Bric layer Ston Mason Appr ntice Maso ry Inspector and oth r cla ses of positions that may be established by the LOYER where t e duti s and responsibilities assigned come within the jurisd ction of the ION. • • - A1 - � � -i�z�y APPENDI C � : The basic hourly wage rate for provisional, regular, and probat onary � emploqe appo nted to the following classes of positions and not rec iving _ _ the f�ri e ben fits listed in Article 12.2 shall be: . Effective Effective Effecti e April 26, 1986 May 1, 1987 Ma 1, 1 88 Bricklay r . . . . . . . . $16.71* $17.19* $17.67 Bricklay r For n . . . . 17.82* 18.30* 18.78 Stone M� on. . . . . . . 16.71* 17.19* 17.67 Masonry nspec r. . . . . � lst step 16.71* 17.19* 17.67 2nd step 17.82* 18.30* 18.78 3rd step 18.36* ** ** The basic hourly vage rate for temporary and emergency emp oyees appointe to t following classes of positions shall be: Effective Effective Effecti e April 26, 1986 May 1, 1987 Ma 1, 1 88 Brick'lay r . . . . . . . . $17.38* $17.88* $18.38 • Bricklay r For n . . . . 18.53* 19.03* 19.53 I�tasonry ' nspect r. . . . lst step S17.38* 17.88* 18.38 2nd step 18.53* 19.03* 19.53 3rd step 19.09 ** ** The basic hourly wage rate for regular employees appointed t the followi class s of positions who are receiving the fringe benefits isted in Artic e 12.2 shall be: Effective Effective Effecti e • April 26, 1986 May 1, 1987 Ma 1, 1 88 Bricklay r . . . . . . . 516.67 *** *** Bricklay' r Fore n . . . 17.66 *** *** Masonry , nspect r. . . . lst step 16.67 *** *** 2nd step 17.66 *** *** 3rd step 19.06 *** *** Whe perf rming swing stage work, the rate of pay shal be�45 per hour ove the b eic hourly rate of the above classifications.�%tl • - C1 - � Appendix C (continued) *This rate includes the taxable vacation contribution of $1.00. � **The May 1, 1987 and May 1, 1988 temporary wage rates in this contract . will be the average of the temporary rates used by the City for Carpenter Foreman, Electrician Foreman, Sheet Metal Worker Foreman, Plumber Foreman, and Plasterer Foreman on May 5, 1987 and May 1, 1988 respectively. The provisional and regular rate shall be the temporary rate divided by 1.04. ***The May 1, 1987 and May 1, 1988 hourly wage rates in this contract will be the rates as shown below less the cost of sick leave usage for 1986 . and 1987 respectively and less the cost of health and life insurance for the periods May, 1986 through April, 1987 and May, 1987 through April, 1988 respectively and vacation for 1987 and 1988 respectively incurred by the employer for employees in this bargaining unit. May, 1987 May 1, 1988 Bricklayer $21.07 $21.57 • Bricklayer Foreman $22.22 $22.72 Masonry Inspector lst step $21.07 $21.57 2nd step $22.22 $22.72 Masonry Inspector 3rd step Average of the total package rates used by the City for Carpenter Foreman, Electrician Foreman, Sheet Metal Worker Foreman, • Plumber Foreman and Plasterer Foreman for May, 1987 and May, 1988 respectively. All Masonry Inspectors shall be paid the appropriate step in accordance with Section I (one), Subsection J of the Saint Paul Salary Plan and Rates of Compensation. If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may ad�ust the above applicable rates • for participating employees in such a way that the total cost of the package (wage rate plus contribution) remains constant. - C2 - G� - -�a�y APPENDI D � Effecti e May , 1986, the Employer shall: (1 cont ibute. $1.41 per hour for all hours worked by �artici atit�g empl yees as defined in Articles 12.3, 12.4, and 12.5 cove ed by this Agreement, to a Union-designated Health and Welfare Fu d. (2 cont ibute $1.78 per hour for all hours worked by partici ating empl yees as defined in Articles 12.3, 12.4, and 12.5 cove ed by this Agreement, to a Pension Fund. (3 cont ibute $1.00 per hour from which payroll deduction ha been made for all hours worked by participating employees as d fined in A ticles 12.3, 12.4, and 12.5 covered by this Agreement, to a Vaca ion Fund. All con ributi ns made in accordance with this Appendix shall be fo arded , to depo itorie as directed by the Union. The Em loyer shall establish Workers' Compensation and Unempl yment Compens tion p ograms as required by Minnesota statutes. Partici ating mployees as defined in Articles 12.3, 12.4, and 12.5 c vered by this Agree ent shall not be eligible for, governed by or accu ulate vacatio , sick leave, holiday, funeral leave, jury duty or insurance ringe benefit that are or may be established by Personnel Rules, C uncil • Ordinan e or C uncil Resolutions. The Emp oyer' fringe benefit obligation to participating employ es as defined in Ar icles 12.3, 12.4, and 12.5 is limited to the contrib tions and/or educt ons established by this Agreement. The actual le el of benefit provi ed to employees shall be the responsibility of the Tr stees of the variou funds to which the Employer has forwarded contrib tions and/or educti ns. • - D1 -