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86-1285 WHITE - C�TV CLERK PINK - FINANCE GITY OF SAINT PAUL � Council � � /a�� CANARV - DE�ARTMENT BLUE - MAYOR File NO. Cou c�l esolution � Presented By �� Referred To I � � Committee: Date a � � Out of Commit, ee By Date RESOLVE , that the Council of the City of Saint Paul hereby approves and ratifies thelattach' d Labor Agreement between the City of Saint Paul and he International Broth rhood of Painters and Allied Trades, Local 61 . . COU(VCILMEN Requested by partment of: Yeas pfeW NaYsl Nicosia PERSONNEL FICE Rettman Itl FBVO[ Scheibel ^) Sonnen `Y� __ Against BY ` Tedesco �,/9. Wilson SEP 1 � 1986 Form proved y Cit ey Adopted by Council: I Date C Certified Vasse o . 1 Secr y BY By, Appro y Mavor. Dat I � SEP 15 1986 Appr y Mayor for Su s on ou g .��!� �� r��-- y — Y I PUBL! I�ED S�P 2 Q 1986 r � , � �� 0591'7 Personnel Offiice DEPARTMENT Jim Lombardi CONTACT 7301 PHONE , augusz:8;_ �986 DATE �� e� � ASSIGN NUNBER FQR ING �R Cli Al1 .Locations for Si nature : � Depawtmeht [?ire or � Director of Managemen /Mayor ' Finance and 'Man ement ervices Director � 4 City Clerk �,,/ udget Direc�tor ,��` �City Attorn�y 1�HAT WILL BE AC IEV 8Y T ING ACTION ON THE: ATTACHED MATERIALS? jPurpose/ Rationale) : This resolution a,p oves three. year Agzeement between the City and the Painter ;.Union Local 61 . Changes in the new greem t include the following: 1 . Article 9:22 - erti -language defining the base upon which overtime pay i based. ; 2. Article 15 - H iday Language allowing straight-time pay for worked perfo ed on "niinor holidays. 3. Wages - To�a•� ckage ncrease of .50 per hour each year. This is based on he outside union s ttlem t. COST BENEFIT BUDGET RY AND PERSONNEL IMPACTS ANTICIPATED: REC �YE� $10,400 each year. The co tract year is May thru April. AUG 1 1.9A6. . . I�EC�fV�� . � . AuG 1 ; �___ C�TY R ��G�s��Y r:��YC��s ��F�e,� . FINANCING SOURCE AND UDGET ACTIVITY NUMBER CHARGED OR CREQITED: (Mayor's signa- - ture not re- Total Amount qf 'T nsact �n: quired if under ' " �10,000) , Funding Saur,ce: . � � Activity Numb�r: • ATTACHMENTS Lis� an Numbe All Attachments : � 1 . Resolution 2. CoPy for City C rk . _ DEP TMENT RE CITY ATTORNEY REVIEW � Yes N uncil Resol ion Required? ' Resolution Required? s No Yes Insuran e Req red? Insurance Sufficient? s No � Yes No Insuran e, Atta hed: - � (SE •REVERSE SIDE FiOR INSTRl1CTI0NS) . � " Revised 12/84 �. , HOW TO USE THE GREEN SHEET YS • t�L The GREEN SHEET has several PURPOSES: ' ' � � ..� 1. to assist in routing documents and in securing required signatures 2. to brief the reviewers of documents on the impacts of approval 3. to help ensure that necessary supportinq materials are prepared, and, if , ,.. w,. - . required, attached. � Providing complete informa'tion under the listed headings �nables reviewers to make decisions on the documents and eliminates follow-up contacts that may delay e�cecution. ' The COST/BENEFIT, BUDG�TARY AND PERSONNEL IMPACTS heading provides space tp explain � the cost/benefit aspects of the decision. Costs and benefits related both to City budget (General Fund and/or Special Funds) and to broac�er financial impacts (cost to users, homeowners or other groups affected by the action) . The personnel impact is a description of change or shift of Full-Time Equivalent (FTE) positions. � - If a CONTRACT amount is less 'than $10,000, the Mayor's signature is not required, if the department director signs. A contract must always be first signed by the outside agency before routing through City offices. ' � � Below is the preferred ROUTING for the five most frequ[ent types of documents: , CONTRACTS (assumes authorized budget exists) � � 1. Outside Agency 4. Mayor ° 2. Initiating Department 5. Finance Ditector 3. City Attorney 6. Finance Accounting ADMINISTRATIVE ORDER (Budget Revision) ADMINISTRATIVE ORDERS (all others) 1. Activity Manager 1. Initiating Department 2. Department Accountant 2. City Attorney : 3. Department Director 3. Director of 1�4anagement/Mayor 4. Budget Director 4. City Clerk ' 5. City Clerk � 6. Chief Accountant, F&MS COUNCIL RESOLtTPION (Amend. Bdgts./Accept. Grants) COUNCIL RESOLUTION (all others)� 1. Department Director 1. Initiating Department 2. Budget Director 2. City Attorney 3. City Attorney 3. Director of Manaqement/Mayor 4. Director of Management/Mayor 4. City Clerk 5. Chair, Finance, Mngmt. & Personnel Com. 5. City Council 6. City Clerk � 7. City Council 8. Chief Accountant, F`&MS SUPPORTING MATERIALS. In the ATTACIit�NTS section, identify all attachments. If the ' Green Sheet is well done, no letter of transmittal need be included (unless signing � such a letter is one of the requested actions) . Note: If an agreement requires eviderice of insurance/co-insurance, s Certificate of Insurance should be one of the attachments at time of routing. Note: Actions which require City Council Resolutions include: 1. Contractual relationship with another goverrm►ental unit. 2.. Collective bargaining contracts. • 3. Purchase, sale or lease of'land. 4. Issuance of bonds by City. 5. Eminent domain. 6. Assumption of liability by City, or granting by City of indemnifica}tion. : 7. Aqreements with State or Federal Government under which they are providing fundinq. 8. Budqet amendments. : . � �,.j�� L._.�..L�j� . . �� -/.:� �� CITY OF S�.INT PAUL . :tl��: j c.n ;;,,, ;;�,�� = OF�+ICE UY+' TH� GITY COUNCIL c� r*u =; G�_� �� ..... _i,--� �om�nittee �e art ��`�; -��. � � . c., o - w .�� . " _ ., F: anc� Management � Personnel �ommlttee. ::�t, .�==, . �-=� SEPTEMBER 4, 1986 � �'' . ' 1. Approval �' f minu es from meeting held August 28, 1986. aoproved - 2. Resolutio amend ng the 1982 Capital Improvement Budget by transferring $560,000 rom Me ro Parks Grant (Battle Creek Park Reimbursement) to La � Parks and�Recrea ion - Centra}. Service facility (laid over from August 8). /I . . 3. Resolutio amend n the 1986 bud et and addin 417 4$1 to the Financin Plan g g g $ � and to th ' 5pend g Plan for Library Aides and Grants. avvroved 4. Resolutiol amend ng the 1986 budget and adding $62,819 and $23,785 to t e Financingl lan a d to the Spending Plan for Friends of the Library. roved 5. Resolutiox� amend ng the 1986 budget and adding $2,909 to the Financing lan � _ and to the Spend ng Plan for Library Special Revenue Funds. a roved _._ -__.___. _ . _. 6. Resolution amend' g the 1986 budget and adding $4,22�to the Financing lan -- - and to the Spend' g Plan for Perrie Jones Library Fund. approved 7. Resolution amend' g the 1986 budget and adding $21,000 to the Financing Plan and to the' Spend g Plan for Special Projects - Police Responsive Servi es. a rov � 8. Resolution� amend' g the 1986 budget and transferring $21,000 from Gener 1 Government' Accou s to Police Administrative Units. approved 9. Resolution, author zing an agreement with David M. Griffith and Associat s, Ltd, , wher by the city agrees to pay a maximum of $6,000.00 for assista e in the pre aratio of the city's Cost Allocation Plan. approved , 10. Resolution�lapprov ng 1986-1989 Maintenance Labor Agreement between Indep ndent School Dis rict 6 5 and �rickl�yers and Allied Craftsmen, Local Union No. 1. -' ved � •��,.�p n��.i�s':.Agr�ement ;betws�u� the city �. �aCe�atio�tl °.'e�' nters�and Alli�d,�rade�, Lo�aZ 63.. �ts��ov�d 12. Resolution' author zing a five-year lease agreement between the city and ort Crosby Ass� ciates (Amhoist) on behalf of the Police Department for the expansion f the mpound Lot. laid over to 9/18 13. Administra ive Or ers: _ � . . . - D-8072: A�dition of $11,887.85 to the contract for tuckpointing at Fire CITY HALL SEVENTH FLOOR 'SAINT PAUL,MINN OTA 55102 .��s �_��- .. . . : 1986 - 1989 MAINTENANCE LABOR AGREEMENT - between - THE CITY OF SAINT PAUL - and - INTERIvATIONAL BROTHERHOOD OF PAIIvTERS AND ALLIED TRADES LOCAL 61 � � -%��' INDEX ARTICLE TI LE PAGE •_ Pr amble iii I Pu pose 1 . _ II Re ognition 2 III Em loyer Rights : 3 I� Un on Rights 4 � Sc pe of the Agreement 5 �I Pr ationary Periods 6 VII Ph losophy of Employment and Compensation 7 VIII Ho s of Work 8 IX Ov time 9 X Ca Back 10 XI Wor Location 11 XII Wag s 12 XIII Fri ge Benefits 14 XIV Sel ction of Foreman and General Foreman 15 XV Hol days 16 XVI I, Dis iplinary Procedures 1� XVII Abs nces From Work 18 XVIII Sen ority 19 XIX Jur sdiction 20 � � Sep ration 21 XXI Too s 22 XXII Gri vance Procedure 23 XXIII � Rig t of Subcontract 28 XXIV Non discrimination 29 XXV Sev rability 30 XXVI Wai er 31 XXVII Cit Mileage Plan 32 XXVIII Sev rance Pay 33 XXIX Dur tion and Pledge 35 App ndix A A1 A ndix B PP B1 App ndix C C1 App dix D D1 - ii - �- ra� P R E A M B L E . This � GREEME T is entered into between the City of Saint Paul, her in- - after refelred to as the EMPLOYER and the International Brothe rhood of ' • _ Painters an Alli d Trades Local 61, hereinafter referred to as the UNIO . The E LOYER nd the UNION concur that this AGREEMEhT has as its objective t e prom tion of the responsibilities of the City of Saint Pau for the ben fit of the general public through effective labor-management cooperation� The EMP, OYER d the UNION both realize that this goal depends not only on the ords i the AGREEMENT but rather primarily on attitudes betw en people at all level of responsibility. Constructive attitudes of the E LOYER , the UNION, a d the ndividual employees will best serve the needs of the _ general publ� . - iii - - ��s �� ARTICLE I - PURP SE 1.1 The LOYE and the UNION agree that the purpose for entering int this ' GRE T is to: . � 1.11 chieve orderly and peaceful relations, thereby � , Istabli hing a system of uninterrupted operations - nd the highest level of employee performance that I�s cons stent with the safety and well-being of a� 1 con erned; 1.12 S t fort rates of pay, hours of work, and other c nditio s of employment as have been agreed upon b� the LOYER and the UNION; 1.13 E� tablis procedures to orderly and peacefully resolve isputes as to the application or inter- pr� tatio of this AGREEMENT without loss of ma power roductivity. 1.2 The ENff OYER a d the UNION agree that this AGREEMENT serves as a supplem nt to egislation that creates and directs the EMPLOYER. If any par of th s AGREEMENT is in conflict with such legislation, the latter s all p evail. The parties, on written notice, agree to negotiat� that art in conflict so that it conforms to the statute as provil� ed by rticle 25 (SEVERABILITY) . - 1 - ARTICLE II - RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, temporary, �, and emergency employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-479-A dated April 17, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. - 2 - s� -i�� ARTICLE II - LOYER RIGHTS 3.1 The E LOYE retains the right to operate and manage all manpower, . facil ties, nd equipment; to establish functions and programs; to se and a end budgets; to determine the utilization of . - techn logy; o establish and modify the organizational structure; to se ct, d rect, and determine the number of personnel; and to perfor any nherent managerial function not specifically limited by thi� AGRE NT. 3.2 Any "t rm or ondition of employment" not established by this AGREE NT sha 1 remain with the EMPLOYER to eliminate, modify, or establ sh fol owing written notification to the UNION. - 3 - ARTICLE IV - UNION RIGHTS 4.1 The EMPLOYER shall deduct from the wages of employees who suthorize 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 II�LOYER in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 22 (GRIEVAIvCE PROCEDURE) . 4.3 Upon notification to a designated EMPLOYER supervisor, the Business Manager of the UNION, or his designated representative shall be perm�tted to enter the facilities of the EMPLOYER where employees covered by this AGREEMENT are working. - 4 - � �� ARTICLE V � SCOPE OF THE AGREEMENT 5.1 This GREEME T establishes the "terms and conditions of employment" define�d by M S. 179.63, Subd. 18 for all employees exclusively repre� nted y the UNION. This AGREEMENT shall supersede such . � "term� and c nditions of employment" established by Civil Service - Rule, li ounci Ordinance, and Council Resolution. .. - 5 - 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 perfor� the class of positions' duties and responsibilities shall be evaluated. " - 6.11 At any time during the probationary period an employee may be terminated at the discretion of the EMPLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE) . 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the UNION. 6.2 All personnel promoted to a higher class of positions shall serve a six (6) months' promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsi- bilities shall be evaluated. 6.21 At any time during the promotional probationary period an employee may be demoted to the employee's previously held class of positions at the discretion of the EMPLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE) . 6.22 An employee demoted during the promotional probationary period shall be returned to the employee's previously held class of positions and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the UNION. - 6 - � � -��5 ARTICLE VTI - PH LOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The E LOYE and the UNION are in full agreement that the philosop y . _ of em loymen and compensation shall be a "cash" hourly wage and "indu try" f inge benefit system. 7.2 The LOYER shall compensate employees for all hours worked at th basic ourly wage rate and hourly fringe benefit rate as found in ArticL s 12 WAGES) and 13 (FRINGE BENEFITS) . 7.3 No oth' r comp nsation or fringe benefit shall be accumulated or earned', by an mployee except as specifically provided for in this AGREE NT; ex ept those employees who have individually optioned to be ' grandi thered" as provided by 12.2. _ - 7 - ARTICLE VIII - HOURS OF WORK 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week shall be five (S) 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 sub�ect 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. - 8 - � - l��.�`_ ARTICLE IX, - OVE IME 9.1 Time n the ayroll in excess of the normal hours set forth above shall� be "ov rtime work" and shall be done only by order of the head � f the epartment. An employee shall be recompensed for work . � done exce s of the normal hours by being granted compensatory time a a ti e-and-one-half basis or by being paid on a time-and- one-ha' f bas for such overtime work. The basis on which such overti e shal be paid shall be determined solely by the EMPLOYER. 9.2 The ra� e of o e and one-half (1}) the hourly rate shall be the over ime rate for wo k perf rmed under the following circumstances: 9.21 T3, e wor ed in excess of eight (8) hours in an one ormal work day and; 9.22 Ti e wor d in excess of forty (40) hours in any work week. The tim and o e-half overtime rate shall be based on the total rate including any pre ium pa , being earned during the overtime hours worked. 9.3 For the � urpos of calculating overtime compensation overtime hours worked s all n t be "pyramided", compounded, or paid twice for the same hou� s wor d. � - 9 - ARTICLE X - CALL BACK 10.1 The EMPLOYER retains the right to call back employees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. - . 10.2 Employees called back shall receive a minimum of four (4) hours pay at the basic hourly rate. 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9 (OVERTIME) , when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME) . - 10 - � - /�� ARTICLE X - WO LOCATION 11.1 Emplo, ees s all report to work location as assigned by a designate , EMPLOi ER sup rvisor. During the normal work day employees may be - assigled to ther work locations at the discretion of the EMPLOYER - 11.2 Emplolees as i ned to work loca ' g tions during the normal work day, otherl�than t eir original assignment, and who are required to furni h their wn tr nsportation shall be compensated for mileage. : - 11 - ARTICLE XZI - WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Employees who are covered by the fringe benefits listed below shall continue to be covered by such benefits. They shall be subject to all other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.21 Insurance benefits as established by City of Saint Paul Resolutions including life and health insurance for early retirees who have retired since May 23, 1973. In order to be eligible for the health benefits under the early retiree provision, the employee must: 12.21.1 Be receiving benefits from a public employee retirement act at the time of retirement. 12.21.2 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 12.23.3 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 12.22 Sick Leave as established by the Civil Service Rules, Section 20. 12.23 Vacation as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H, however, employees in this bargaining unit, covered by this vacation provision, shall be granted vacation at the rates shown below for each full hour on the payroll, excluding overtime. Years of Service Hours of Vacation Less than 15 years .0770 At least 15 yrs but less than 25 years .0808 After 25 years .0847 12.24 Ten (10) legal holidays as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdividion I. 12.25 Severence benefits as established by Ordinance No. 11490 with a maximum payment of $4,000 or as established by Article 28 of this Agreement. - 12 - � �'� ' �°2 `5 ARTICLE XL - WA S (continued) 12.3 Regul r empl yees not covered by the fringe benefits listed in Art cle 12.2 'hall b considered, for the purposes of this AGREEMENT, part ci- patin emplo ees and shall be compensated in accordance with Artic 12.1 _ (WAGES) and ave fringe benefit contributions and/or deductions mad on their ' ehalf s provided for by Article 13 (FRINGE BENEFITS) . 12.4 Provis onal, emporary, and emergency employees shall be considered for th purpo es of this AGREEMENT, participating employees and sha 1 be com ensate in accordance with Article 12.1 (WAGES) and have fri ge benefi� contr butions and/or deductions made in their behalf as pro ded for by ', rticl 13 (FRINGE BENEFITS) . 12.5 All reg lar e loyees employed after February 15, 1974, shall be conside ed, fo the purpose of this AGREEMENT, participating employe s and sha l be c mpensated in accordance with Article 12.1 (WAGES) and have frl�nge be efit contributions and/or deductions made on their be alf as prov ded fo by Article 13 (FRINGE BENEFITS) . _ - 13 - 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. - 14 - �G, _�� ARTICLE � V - SE ECTION OF FOREMA2�' AND GENERAL FOREMAN 14.1 The selecti n of personnel for the class of position Painter Fore n shall remai solely with the EMPLOYER. 14.2 The c' ass o position Painter Foreman shall be filled by employees ` of th' barga ning unit on a "temporary assignment". 14.3 All " empora y assignments" shall be made only at the direction of a design ted LOYER supervisor. 14.4 Such "' empor ry assignments" shall be made only in cases where the class f posi ions is vacant for more than one (1) normal work day. - 15 - ARTICLE XV - HOLIDAYS 15.1 The following ten (10) days shall be designated as holidays: New Year's Day, January 1 Martin Luther King Day, Third Monday in January (effective 1986) President's Day, Third Monday in February - - Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September - � Columbus Day, second Monday in October Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The ten (10) holidays shall be considered non-work days. 15.4 If, in the judgment of the EMPLOYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 10 (CALL BACK) . 15.5 Participating employees as defined in Articles 12.3, 12.4 and 12.5 assigned to work on Martin Luther King Day, President's Day, Columbus Day or Veteran's Day shall be compensated on a straight time basis for such hours worked. 15.6 Such Participating employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 15.7 If an employee other than a Participating employee entitled to a holiday is required to work on Martin Luther King Day (effective 1986) , President's Day Christopher Columbus Day, or Veteran's Day, he shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department permits, or he shall be paid on a straight time basis for such hours worked, in addition to this regular holiday pay. If an employee other than a participating employee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, he shall be recompensed for work done on this day by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such hours worked, in addition to his regular holiday pay. Eligibility for holiday pay shall be determined in accordance with Section I, Subsection I of the St. Paul Salary Plan and Rates of Compensation. - 16 - � -,��, ARTICLE X I - DI CIPLINARY PROCEDURES 16.1 The LOYE shall have the right to impose disciplinary actions o . emplo' ees fo just cause. 16.2 Disci linary actions by the EMPLOYER shall include only the follow ng actio s: - 16.21 ' Or 1 reprimand. 16.22 Wr tten reprimand. 16.23 Su ension. 16.24 � Dem tion. � 16.25 , Dis harge. 16.3 Employl'es who are suspended, demoted, or discharged shall have the right ti requ st that such actions be reviewed by the Civil Service Commiss; on or a designated Board of Review. The Civil Service Commi sion, or a de� ignate Board of Review, shall be the sole and exclusive mea s of revi� wing a suspension, demotion, or discharge. No appeal of a suspenslon, de otion, or discharge shall be considered a "grievance" for the ,purpos of processing through the provisions of Article 22 (GRIEV CE PRO EDURE) . - - 17 - ARTICLE XVII - ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. - , 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (DISCIPLINARY PROCEDURES) . 17.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a "quit" by the EMPLOYER on the part of the employee. - 18 - � -/ 02�.5 ARTICLE XV II - S NIORITY 18.1 Senio ity, f r the purposes of this AGREEMENT, shall be defined as follo 's: '. • 18.11 � "M ster Seniority" - The length of continuous regular an probationary service with the EMPLOYER from the las date of em lo ent in p ym any and all class titles cov red by this AGREEMENT. .18.12 � "C1 ss Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the dat an employee was first appointed to a class title cov red by this AGREII�ENT. 18.2 Seniori�iy sha not accumulate during an unpaid leave of absence, except Ihen su h a leave is granted for a period of less than thirty (30) cal� endar ays; is granted because of illness or injury; is grantedito all w an employee to accept an appointment to the unclasslfied s rvice of the EMPLOYER or to an elected or appointed full-ti� posi ion with the UNION, 18.3 Seniorit' shall terminate when an employee retires, resigns, or is discharg d. 18.4 In the e ent it is determined by the EMPLOYER that it is necessary to reduce t�,e work force employees will be laid off by class title withi each Dep rtment based on inverse length of "Class Seniority". Employe s laid off � hall ave the right to reinstatement in any lower-paid class title, pn vided, employee has greater "Master Seniority" than the employee eing r placed. 18.5 The selec ion of vacation periods shall be made by class title based o length of "Class Seniority", subject to the approval of the II�IPLOYER. - 19 - ARTICLE XIX - JURISDICTION 19.1 Disputes concerning work �urisdiction between and among unions is recognized as an appropriate subject to determination by the various unions representing employees of the EMPLOYER. 19.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 19.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the EMPLOYER shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the EMPLOYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the EMPLOYER'S basic right to assign work. 19.4 Any employee refusing to perform work assigned by the EMPLOYER and as clarified by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (DISCIPLINARY PROCEDURES) . 19.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. - 20 - �•�, _��'� ARTICLE X3� - SEP TION 20.1 Emplo ees ha ing a probationary or regular employment status shall be co sidere separated from employment based on the following actio' s: , 20.11 � Re i nation. Employees resigning from employment sh 11 give written notice fourteen (14) calendar da s prior to the effective date of the resignation. 20.12 Dis har e. As provided in Article 16. 20.13 � Fai ure to Re ort for Dut . As provided in Article 17. 20.2 Employ es hav ng an emergency, temporary, or provisional employment status 'i y be terminated at the discretion of the EMPLOYER before t complep on of a normal work day. _� - 21 - ARTICLE XXI - TOOLS 21.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. - 22 - ��/�� ARTICLE XX� I - G IEVANCE PROCEDURE 22.1 The LOYE shall recognize Stewards selected in accordance with NION rulesiand re ulations as the grievance representative of the barga ning ' unit. � The U ION shall notify the EMPLOYER in writing of the names of the S ewards and of their successors when so named. 22.2 It isl�recogn zed and accepted by the EMPLOYER and the UNION that t e processing o grievances as hereinafter provided is limited by the 'ob duties and r sponsibilities of the employees and shall therefore be accomp' ished uring working hours only when consistent with such em loyee dutieslland re ponsibilities. The Steward involved and a grieving e ployee shall uffer o loss in pay when a grievance is processed during wo king hours,iprovid d, the Steward and the employee have notified and rec ived the ap�' roval f their supervisor to be absent to process a grievanc and that slch abs nce would not be detrimental to the work programs of he EMPLOY R. 22.3 The prq edure established by this ARTICLE shall be the sole and excl sive procedu e, ex ept for the appeal of disciplinary action as provided y 16.3, fi r the rocessing of grievances, which are defined as an alle ed vio3atiln of t e terms and conditions of this AGREEMENT. 22.4 Grievan es sha 1 be resolved in conformance with the following proce ure: Step l. l Upon he occurrence of an alleged violation of this � AGREE NT, the employee involved shall attempt to resol e the matter on an informal basis with the emplo ee's supervisor. If the matter is not resolved - 23 - , ARTICLE XXII - GRIEVANCE PROCEDURE (continued) 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 UNIOb' within three (3) calendar days following this meeting. The UNION may refer _ the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. - 24 - ��-��'�� ARTICLE XX I - GR EVANCE PROCEDURE (continued) Step 3. Wit in seven (7) calendar days following receipt of a '. - gri ance referred from Step 2 a designated EMPLOYER supe visor shall meet with the UNION Business Manager or h s designated representative and attempt to resolve the rievance. Within seven (7) calendar days following this meeting the EMPLOYER shall reply in writing to the UNIO stating the EMPLOYER'S answer concerning the grie ance. If, as a result of the written response the ievance remains unresolved, the UNION may refer ' the g ievance to Ste 4. An riev P y g ance not referred to , in wr ting by the UNION to Step 4 within seven (7) calen ar days following receipt of the EMPLOYER'S i answe shall be considered waived. Step 4. � If th grievance remains unresolved, the UNION may withi seven (7) calendar days after the response of the LOYER in Step 3, by written notice to the , EMPLOY R, request arbitration of the grievance. The - �arbitr tion proceedings shall be conducted by an I�,arbitr tor to be selected by mutual agreement of the LOY R and the UNION within seven (7) calendar days fter otice has been given. If the parties fail to I utual agree upon an arbitrator within the said even ( ) day period, either party may request the ublic mployment Relation Board to submit a panel f five (5) arbitrators. Both the EMPLOYER and the - 25 - ARTICLE XXII — GRIEVAIQCE PROCEDURE (continued) UNION shall have the right to strike two (2) names from the panel. The UNION shall strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process will be � - repeated and the remaining person shall be the arbitrator. 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, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UIr'ION and the employees. - 26 - ��` L�� ARTICLE XX I - GR EVANCE PROCEDURE (continued) 22.6 The f es and expenses for the arbitrator's services and proceedings shall � e bor e equally by the EMPLOYER and the UNION, provided that . � each p� rty s 11 be responsible for compensating its own representa ive , - and wi' nesses. If either party cancels an arbitration hearing or a ks for a ast mi ute postponement that leads to the arbitrators making a charge' the c nceling party or the party asking for the postponemen shall ay thi charge. If either party desires a verbatim record o the pr ceedin s, it may cause such a record to be made providing it pays fq the ecord. 22.7 The ti ' limit in each step of this procedure may be extended by mutual greeme t of the EMPLOYER and the UNION. . - 27 - 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 sub-contract. 23.2 The sub-contracting of work done by the employees covered by this AGREEMENT shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. - 28 - _ ��s' � i ARTICLE XX V - NO -DISCRIMINATION 24.1 The t rms an conditions of this AGREEMENT will be applied to emplo ' es eq ally without regard to, or discrimination for or agains , any individual because of race, color, creed, sex, , - age, o' beca e of inembership or non-membership in the UNION.- 24.2 Employ es wil perform their duties and responsibilities in a non-di' crimin tory manner as such duties and responsibilities involv other employees and the general public. : - 29 - ARTICLE XXV - SEVERABILITY 25.1 In the event that any provision(s) of this AGREEMENT is declared to be contrary to law by proper legislative, administrative, or , judicial 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. - 30 - � � _��-�.�" � ARTICLE XX� I - WA VER 26.1 The E� LOYER and the UNION acknowledge that during the meeting and n gotiat ng which resulted in this AGREEMENT, each had the � right ' nd op ortunity to make proposals with respect to any , subjec conc rning the terms and conditions of employment. The agreem nts a understandings reached by the parties after the exercile of t is right are fully and completely set forth in this a reemen . 26.2 Theref re, th EMPLOYER and the UNION for the duration of this AGREEM� T agr e that the other party shall not be obligated to meet a� nego iate over any term or conditions of employment whether!ispeci 'cally covered or not specifically covered by this AGREEME T. Th UNION and EMPLOYER may, however, mutually agree to modi y any rovision of this AGREEMENT. 26.3 Any and �all pr or ordinances, agreements, resolutions, practices, policiesk, and ules or regulations regarding the terms and conditiq s of ployment, to the extent they are inconsistent with thi� AGRE NT, are hereby superseded. - 31 - ARTICLE XXVII - CITY MILEAGE 27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 27.2 Method of Com utation: To be eligible for such reinbursement, all officers and employees must receive written authorization from the ' - Department Head. - Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $3.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee�s position. In addition, the employee shall be reimbursed 15C per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reim- bursed at the rate of 15C per mile driven and shall not be eligible for any per diem. TyPe 2. If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reimbursed at the rate of $3.00 per day for each day of work. In addition, the employee shall be reimbursed 15C per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reim- bursed at the rate of 15� per mile driven and shall not be eligible for any per diem. 27.3 The City will provide parking at the Civic Center Parking Ramp for City emp�oyees on either of the above mentioned types of reimbursement plans who are required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 27.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. - 32 - �__/02��5�' ARTICLE XX III - EVERANCE PAY 28.1 �he emp oyer shall provide a severance pay program as set for h i this Article. : � 28.2 1� be e igible for the severance pay program, an employee must meet t e fol wing requirements: 2 .21 T e employee must be 58 years of age or older or must b e igible for pension under the "rule of 90" or the "ru e 0 85" provisions of the Public Employees Retirement A sociation (PERA) . The "rule of 90" and the "rule of 8 " c iteria shall also apply to employees covered by a pub ic p nsion plan other than PERA. 28.22 e employee must be voluntarily separated from City e loyment o have been subject to separation by layoff or compulso y r tirement. Those employees who are discharged for caus , m sconduct, inefficiency, incompetency, or any other dis iplinary r son are not eligible for the City severance pay progr m. 28' 23 e employee must have at least ten (10) years of conse utive se vice under the classified or unclassified Civil Servi e at th time of separation. For the purpose of this Article employ- me t in either the City or in the Independent School Dis rict No 625 may be used in meeting this ten (10) year servic re- qu rement. 28a24 Th employee must file a waiver of reemplo ent with the Ym Di ector of Personnel, which will clearly indicate that b re uesting severance pay, the employee waives all claims o re statement or reemployment (of any type) , with the Cit or ith Independent School District No. 625. 28.' S The employee must have accumulated a minimum of sixty (60 day of sick leave credits at the time of his separation fro service. _ 28.3 Iflan emp oyee requests severance pay and if the employee meets the elilibilit requirements set forth above, he or she will be gran ed sev�rance ay in an amount equal to onehalf of the daily rate of pay �, or th position held by the employee on the date of separati n forl� ach d of accrued sick leave subject to a maximum of 200 ac rued sick' leave ays. 28.4 Thell� maximu amount of money that any employee may obtain throu h this g sevelance p y program is $6,500. - 33 - ARTICLE XXVIII - SEVERANCE PAY (cont.) 28.5 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee , would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay will be made to ' the employee's estate or spouse. 28.6 For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 28.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 28.8 This severance pay program shall be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control. 28.9 The provisions of this article shall be effective as of August 31, 1984. 28.10 Any employee hired prior to February 15, 1974 may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this article or the ordinance shall constitute a bar to receiving severance pay from the other. - 34 - �- �a�' � � ARTICLE XX X - D TION AND PLEDGE 29.1 This GREEME T shall become effective as of the date of signing, excep as sp cifically provided otherwise in Articles 12 and 13, . • and s �all re in in effect through the 30th day of April, 1989, _ ' and c ' tinue in effect from year to year thereafter unless notice to cha ge or to terminate is given in the manner provided in 29.2. 29.2 If eit er pa y desires to terminate or modify this AGREEMENT, effect ve as f the date of expiration, the party wishing to modify or te inate he AGREEMENT shall give written notice to the other party, �,not mo e than ninety (90) or less than sixty (60) calendar days p ior to the expiration date, provided, that the AGREEMENT may onl be s terminated or modified effective as of the expiration date. 29.3 In cons derati n of the terms and conditions of employment establish d by thisl�iAGREE NT and the recognition that the GRIEVANCE PROCEDURE herein Istabli hed is the means by which grievances concerning its applica ion or interpretation may be peacefully resolved, the parties hereby ledge hat during the term of the AGREEMENT: 29.31 The ION and the employees will not engage in, inst ate, or condone any concerted action in II whic employees fail to report for duty, willfully �� absen themselves from work, stop work, slow down their work, or absent themselves in whole or part ' from he full, faithful performance of their duties I� of em loyment. - 35 - ARTICLE XXIX - DURATION AND PLEDGE (continued) 29.32 The EMPLOYER will not engage in, instigate, or condone any lock-out of employees. 29.33 This constitutes a tentative agreement between the parties which will be recommended by the City � - Negotiator, but is subject to the approval of the Administration of the City, the City Council and is also subject to ratification by the UNION. AGREED to this 31st day of July, 1986, and attested to as the full and complete understanding of the parties for the period of time herein speci- fied by the signature of the following representative for the II�LOYER and the UNION: WITNESSES: INTERNATIONAL BROTHERHOOD OF PAINTERS CITY OF SAINT PAUL AND ALLIED TRADES LOCAL 61 ' ' ��,�- � ' �, Labor Re ions usiness Manager � ` . ii�'L�� 2i�'�(/ Labor Relations - 36 - _ 02�� APPENDIX A, The c asses f positions recognized by the EMPLOYER as being exclusivel repre ented by the UNION are as follows: Pa nter - Foreman - � Pa ter - App entice and other c asses f positions that may be established by the EMPLOYER where the d� ties a d responsibilities assigned comes within the jurisdictio of th UNION. - A1 - APPEb'DIX B Duster _ Wall Scrapers Putty Knife - • - Broad Knife Hammer Screw Drivers - B1 - - �� APPENDIX The b sic h urly wage rate for provisional, regular and probationa y employees ' ppoin ed to the following classes of positions shall be: . � Effective Effective Effective 4-26-86 4-25-87 5-07-88 ainter . . . . . . . . $15.97 $16.45 $16.93 f ainter Foreman . . . . $16.69 $17. 17 $17.65 The b �sic ho rly wage rate for temporary and emergency employees a ointed to the following lasses of positions shall be: Effective Effective Effective 4-26-86 4-25-87 5-07-88 P inter . . , , . , . . $16.61 $17.11 $17.61 P� inter oreman . . . . $17.36 $17.86 $18.36 A' prenti e PAINTER APPRENTICE TES FOR PAINTER APPIENTICE RATES THOSE WHO STARTED AFTER Y 1,1984 lst 500 hou s @507 of Painter Rate lst 1000 @40� of Pain er Rate 500 to 1000 �� ours @55� 1000 to 2000 hrs. @45� 1000 to 1500 hours @607 2000 to 3000 hrs. @50' 1500 to 2000�, hours @65' 3000 to 3500 hrs. @557 2000 to 3000ihours 707 3500 to 4000 hrs. @607 3000 to 4000'ihours 75� 4000 to 4500 hrs. @70Z 4000 to SOOO, hours 80� 4500 to 5000 hrs. @807 5000 to 6000� hours 907 5000 to 6000 hrs. @90� The basllc hour y wage rate for re ular em lo ees a ointed 8 P y pp to the fo lowing classes of po ition , who are receiving the Fringe Benefits listed in Arti le 12.2 shall be�: Effective Effective Effective 4-26-86 4-25-87 5-07-88 Pailter . . . . . . . . $14.87 * * Pai� ter Fo eman . . . . $15.67 * * *The Apr 1 25, 987 and May 7, 1988 hourly wage rates in this contrac will be the rate as sh wn below less the cost of sick leave usage for 1986 a d 1987 respecti ely an less the cost of holidays, pension and vacation for 1987 and 1988 res ' ctive y and less the cost of health and life insurance for t e period May, 1986, thru April, 1987 and May, 1987 thru April, 1988 respectivel , incurred � y the employer for employees in this bargaining unit. A�ril 25, 1987 May 7, 1988 Pain' er $20.01 $20.51 Pain� er For man $21.01 $21.51 - C1 - APPENDIX C (continued) When performing the following types of work the rate of pay shall be seventy-five cents ($ .75) per hour over the basic hourly wage rate of any . class of positions. Sandblasting, swing-stage work, erected structural steel� � � skeleton work, all bridge work, all exterior work where safety belt or window jacks are used, spray painting and when applying materials over 507 creosote and for appli- cation of all two component epoxy materials. If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the above applicable rates for participating employees in such a way that the total cost of the package (wage rate plus contributions) remains constant. The EMPLOYER agrees to pay $10.00 toward the cost of each pair of safety shoes purchased by an Employee that is a member of this bargaining unit. The EMPLOYER shall contribute for the cost of two pair of shoes per year and shall not be responsible for any additional cost for any additional shoes thereafter. This reimbursement of $10.00 per pair of shoes shall be made only after investigation and approval by the immediate supervisor of that Employee. This $10.00 per pair of shoes contribution to be made by the EMPLOYER shall apply only to t�hose Employees who must wear protective shoes or boots for their employment. - C2 - APPENDIX D � d�-�a�� Effective Ma 1, 19 6, the EMPLOYER shall: (1) co tribut $1.56 per hour for all hours worked by participating � em loyees as defined in Articles 12.3, 12.4 and 12.5 covered by ' th s AGRE MENT, to a UNION designated Health and Welfare Fund. � � (2) co �tribut $1 25 per hour for all hours worked by participating emp oyees as defined in Articles 12.3, 12.4 and 12.5 covered by thi AGRE MENT, to a Pension Fund. (3) ded� ct $1.09 per hour from which payroll deduction has been made for' all h rs worked by participating employees as defined in Art� cles .3, 12.4 and 12.5 covered by this AGREEMENT, to a Vac' tion nd. (4) con ribute $ .09 per hour for all hours worked by participating emp oyees s defined in Articles 12.3, 12.4 and 12.5 covered by thi AGREE NT, to a Apprenticeship Training Fund. The EMPL YER sh 11 establish Workman's Compensation and Unemployment Compensation � rogram as required by Minnesota .Statutes. Partici Itin e lo ees as defined in Articles 12.3, 12.4 and 12.5 co ered P B P Y by this AGREE NT, s all not be eligible for, governed by, or accumulate v cation, sick leave, hd iday, funeral leave, jury duty, or insurance fringe benefits that are or m� be e tablished by Civil Service Rules, Council Ordinance or Council Resolul ions. - D1 - APPENDIX D (continued) The EMPLOYER'S fringe benefit obligation to participating employees as defined in Articles 12.3, 12,4 and 12.5 is limited to the contributions and/or deductions established by this AGREEMENT. The actual level of ' � benefits provided to employees shall be the responsibility of the Trustees ' ,. of the various funds to which the EMPLOYER has forwarded contributions and/or deductions. - D2 -