86-1446 y
WMITE ' CITV CLERK ,
PINK - FINAN�E G I y OF SA I NT PA U L Council
CANARV - DEPARTMENT '
BLUE - MAVOR FllC NO. � /��
C ncil Resolution ------ .
,
Presented y
, �
U ,
Referred To 1'"`/ � �' �� Committee: Date �'�3 �
Out of Committe� By Date
RESOLVED, that t e Coun il of the City of Saint Paul hereby approves an
ratifies the at'tached 1986-1 9 Maintenance Labor Agreement between Independ nt
School District No. 6 5 and in City Glaziers, Local 1324.
COUNCILMEIV Requested by Department of:
Yeas �� Nays ��
�� NNEL
Rettman � In Favor
Scheibel ' �
Sonnen __ Agelnst BY
Tedesco
Wilson
Adopted by Council: Dlate
�liT � � 1986 Form Ap roved ' y tt ey
Certified Pa: • ouncil Se ry BY
By�
Appro e y Navor: Date �I — �j�+ L 0 �9W Appr d by Mayor for Su ' s n t Counci
B _ By
pUBI! HED Q C � ?. 51986
Personnel Office ���y�� � 05934
PARTMENT •
.T�m Lombard� ONTACT
�301 � ' HONE
Se tember 2 1986 � ATE ��� e
�
ASSIGN NUhBER FOR RpUT NG ORD R Cli " All Locations for Si nature :.
� Department Ufrecto � Director` of Management/ yor
Finance and Manag nt Se vices ,'irector � 4 City Clerk .
� Budget Director � �
2 City Attorney - ,�
WHAT WILL BE ACHI;EVED Y TAKI G ACTI �I ON THE ATTACHED MATERIALS? (Purpose/
Rationale) :
Resolution approving th cont ct bet ''een the Indepeadent School Dis�rict ��625.and t e Glaziers,
Local 1324. This resol tion proves 'the 1986-1989 Agreement between the ISD ��625 a d the ��aziers
1324. The new Agreemen incl es thelfollowing: '
Article XVI-Holidays-Ne lang ge all wing without benefit employees to work minor h lidays at
straight time. ;i,
Appendix C-Wages-Total ackag increa'e of 50� per hDUr each year. Based on prevaili g rates
settlement.
COST BENEFIT BUDGETAR AND P RSONNE '' IMPACTS ANTICIPATED:
None. Applies only to he Sc ol Dis rict.
. �����° RE�EI�D
��� �SEP � � '�b . .
. .
MAYOR'S OFFi�E
FINANCING SOURCE AND 8 DGET A TIVITY 'NUNBER CHARGED OR CREDITED: (Mayor's signa-
ture not re-
Total Amouc�t of 'Tra sactio : quired i f under
� $10,000)
Funding Sour.ce: .
Activity Number: •
ATTACHMENTS List and umber 11 Att 'chments :
1 . Resolution
2. Copy £or City CleX : -
QEPARTMENT REVIEW � CITY ATTORNEY REVIEW
Yes No Cnuncil esolu on Req ired? ' Resolution Required? Y s No
Yes No Insuranc Requi d? Insurance Sufficient? Y s No
Yes No Insuranc Atta ed:
(SE •REVERS SIDE FOR INSTRUCTIONS) . �
Revised 12/84 ',` .
�
� !�°'. HOW TO USE THE G�EEN SHEET
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 supporting materials are prepared, and, if
� required, attached.
Providing complete informa'tion under the listed headings enables reviewers to make
decisions on the documents and eliminates follow-up contacts that may delay execution.
The COST/BENEFIT, BUDGETARY AND PERSONNEL I1�ACTS heading provides space to explain
� the cost/benefit aspects of the decision. Costs and benefits related both to City
budqet (General Fund and/or Special Funds) and to broader financial impacts (cost
to users, homeowners o� 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 frequent types of documents:
CONTRACTS (assumes authorized budget exists) �
� 1. Outside Agency 4. Mayor
2. Initiating Department 5. Finance Director
3. City Attorney 6. Finance Accounting
ADMINISTRATZVE ORDER (Budqet Revision) ADMINISTRATIVE ORDERS (all others)
1. Activity Manaqer 1. Initiatinq Department
2. Department Accountant 2. City Attorney
3. Department Director - 3. Director of Management/Mayor
4. Budget Director 4. City Clerk '
5. City Clerk
6. Chief Accountant, F&M5
COUNCIL RESOI',UTION (Amend. Bdgts./Accept. Grants) COUNCIL RESOLUTION (all others)
1. Department Director 1. Initiatinq Department
2. Budget Director 2. City Attorney
3. City Attorney 3. Director of Management/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 ATTACHMENTS section, identify all attachments. If the
Green Sheet is well done, no letter of transmittal need be included (unless signinq
such a letter is one of the requested actions) .
Note: If an aqreement requires eviderice of insurance/co-insurance, a Certificate of
Znsurance should be one of the attachments at tiune of routing.
Note: Actions which require City Council Resolutions include:
1. Contractual relationship with another governmental 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 qrantinq by City of indemnifica�tion. .
7. Agreements with State or Federal Goverr�ment undex' which they are providinq
funding.
8. Budget amendunents. : .
����
• I N D E X
ARTICLE ITLE AGE
reamble - iii
I rpose 1
II ecognit on 1
III ployer Rights 1
IV ion Ri hts 2
V cope of the Agreement 2
VI robati ary Periods 3
VII hilosop y of Employment and Compensation 3
� VIII ours of Work 4
IX ertime 5
X all Ba 5
XI ork Loc tion 6
XII ages 7
XIII ringe nefits 10
XIV electi of Foreman and General Foreman 10
XV etirem t 10
� XVI oliday 11
XVII iscipl ary Procedures 13
XVIII bsence from Work 13
XIX eniorit 14
XX urisdi ion 15
XXI eparat n 15
XXII ools 15
XXIII rievan Procedure 16
XXIV ight o Subcontract 19
XXV on-dis imination 19
XXVI everab'lity 19
XXVII aiver 20
• XXVIII ileage Independent School District No. 625 20
XXIX uratio and Pledge 21
ppendi A A1
ppendi B B1
ppendi C 1-2
ppendi D D1
•
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P R E A M B L E •
This AGREEMENT �s entered into between Independent School District No.
625, hereinafter referred to as the EMPLOYER, and T�iin City Glaziers and
Glass Workers Local 1324, hereinafter referred to as the UNION.
The EMPLOYER and the UNION concur that this AGREEMENT has as its
ob�ective 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.
�
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ARTICLE I - PUR OSE
i1.1 The EMPLOY R and he UNION agree that the purpose for entering into
this AGREE ENT is o:
1. 11 Achie e orde ly and peaceful relations, thereby establish' g a
syste of u interrupted operations and the highest leve of
emplo ee per ormance that is consistent with the safety and
well-b ing of all concerned;
1. 12 Set f rth ra es of pay, hours of work, and other conditio s of
emplo ent a have been agreed upon by the EMPLOYER and the
UNION;
� 1. 13 Estab 'sh pr cedures to orderly and peacefully resolve dis utes
as to he app ication or interpretation of this AGREEMENT wi hout
loss o manpo er productivity.
1.2 The EMPLOY R and the UNION agree that this AGREEMENT serves s a
supplement to leg slation that creates and directs the EMPLOYER. If
any part o this GREEMENT is in conflict with such legislation, the
latter sha 1 pre ail. The parties, on written notice, agre to
negotiate t at par in conflict so that it conforms to the statu e as
provided by Articl 26 (SEVERABILITY).
� ARTICLE II - REC GNITIO
2.1 The EMPLOY reco izes the UNION as the exclusive representativ for
collective argain ng purposes for all personnel having an emplo ment
status of r gular, probationary, provisional, temporary, and emer ency
employed i the c asses of positions defined in 2.2 as certifie by
the Bureau of diation Services in accordance with Case No.
73-PR-510-A dated ay 11, 1973.
2.2 The classes of po itions recognized as being exclusively repres nted
by the UNIO are a listed in Appendix A.
� ARTICLE III - LOYER IGHTS
3. 1 The EMPLOY R reta ns the right to operate and manage all manp wer,
facilities, and eq ipment; to establish functions and programs; t set
and amend udgets to determine the utilization of technology to
establish a d modi y the organizational structure; to select, di ect,
and determ e the number of personnel; and to perform any inh rent
managerial unctio not specifically limited by this AGREEMENT.
3.2 Any "term or co dition of employment" not established by this
AGREEMENT hall r main with the EMPLOYER to eliminate, modif or
• establish f llowin written notification to the UNION.
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ARTICLE IV - UNION RIGHTS
4. 1 The EMPLOYER shall deduct from the wages of employees who authorize �
such a deduction in writing an amount necessary to cover monthly UNION
dues. Such monies deducted shall be remitted as directed by the
UNION.
4. 11 The EMPLOYER shall not deduct dues from the wages of employees
covered by this AGREEMENT for any other labor organization.
4. 12 The UNION shall indemnify and save harmless the EMPLOYER from any
and all claims or charges made against the EMPLOYER as a result
of the implementation of this ARTICLE.
4.2 The UNION may designate one (1) employee from the bargaining unit to "
act as a Steward and shall inform the EMPLOYER in writing of such
designation. Such employee shall have the right and responsibilities
as designated in Article 23 (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.
•
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�,-/���
ARTICLE VI - PR BATION RY PERIODS
. 6. 1 All person el, or ginally hired or rehired following separation, in a
regular em loymen status shall serve a six (6) months' probati nary
period dur ng whi time the employee's fitness and ability to pe form
the class of p sitions' duties and responsibilities shal be
evaluated. -
6. 11 At an time during the probationary period an employee m y be
termi ated a the discretion of the EMPLOYER without appe 1 to
the p ovisio s of Article 23 (GRIEVANCE PROCEDURE).
6.12 An e loyee terminated during the probationary period hall
recei e a wr tten notice of the reason(s) for such terminati n, a
copy f whic shall be sent to the UNION.
_ 6.2 All person el pro oted to a higher class of positions shall se ve a
six (6) mo ths' p omotional probationary period during which tim the
employee's fitnes and ability to perform the class of posit ons'
duties and respon bilities shall be evaluated.
6.21 At a time during the promotional probationary perio an
emplo ee may be demoted to the employee's previously-held lass
of po itions at the discretion of the EMPLOYER without appe 1 to
the p ovisio of Article 23 (GRIEVANCE PROCEDURE).
6.22 An em loyee emoted during the promotional probationary p riod
� shall be re rned to the employee's previously-held clas of
posit ns an shall receive a written notice of the reason for
demot n, a c py of which shall be sent to the UNION.
ARTICLE VII - P ILOSOPH OF EMPLOYMENT AND COMPENSATION
7.1 The EMPLOY R and he UNION are in full agreement that the philo ophy
of employm nt an compensation shall be a "cash" hourly wage and
"industry" ringe enefit system.
� 7.2 The EMPLOY R shal compensate employees for all hours worked a the
basic hour y wage rate and hourly fringe benefit rate as fou in
Articles 12 (WAGES and 13 (FRINGE BENEFITS).
7.3 No other co pensat on or fringe benefit shall be accumulated or e rned
by an empl yee ex ept as specifically provided for in this AGRE ENT;
except th se em loyees who have individually optioned t be
"grandfathe ed" as provided by 12.2.
•
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ARTICLE VIII - HOURS OF WORK
8. 1 The nornal work day shall be eight (8) consecutive hours per day, •
excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m.
and 5:30 p.m. _
8.2 The normal work week shall be five (5) consecutive normal work days
Monday through Friday.
8.3 If, during the term of this AGREEMENT, it is necessary in the
EMPLOYER'S judgment to establish second and third shifts or a work
week of other than Monday through Friday, the UNION agrees to enter
into negotiations immediately to establish the conditions of such
shifts and/or work weeks.
8.4 This section shall not be construed as, and is not a guarantee of, any
hours of work per normal work day or per normal work week. _
8.5 All employees shall be at the location designated by their supervisor,
ready for work, at the established starting time and shall remain at
an assigned work location until the end of the established work day
unless otherwise directed by their supervisor.
8.6 All employees are subject to 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.
•
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ARTICLE IX - OV RTIME
• 9.1 Time on t� e payr 11 in�� excess of the normal hours set forth bove
shall be vertim work and shall be done only by order of the head
of the dep rtment An employee shall be recompensed for work do e in .
excess of the no al hours by being granted compensatory time on a
time-and-o e-half basis or by being paid on a time-and-one-half asis
for such vertim work. The basis on which such overtime sha 1 be
paid shall be det rmined solely by the EMPLOYER.
9.2 The rate o one a d one-half (1�) the basic hourly rate shall b the
overtime r te for ork performed under the following circumstance :
9.21 Time orked n excess of eight (8) hours in any one normal work
day, nd
9.22 Time orked ' excess of forty (40) hours in a normal work w ek.
9.3 For the pu pose o calculating overtime compensation, overtime ours
worked sha 1 not "pyramided", compounded or paid twice for the same
hours work d.
ARTICLE X - CAL BACK
� 10. 1 The EMPLOY R ret ins the right to call back employees befor an
employee h s star ed a normal work day or normal work week and iter
an employee has co pleted a normal work day or normal work week.
10.2 Employees alled ack shall receive a minimum of four (4) hours pay
at the basi hourl rate.
10.3 The hours worked based on a call-back shall be compensate in
accordance ith A icle 9 (OVERTIME) , when applicable, and subje t to
the minimu establ shed by 10.2 above.
10.4 Employees alled ack four (4) hours or less prior to their n rmal
work day s all co plete the normal work day and be compensated only
- for the ove time h urs worked in accordance with Article 9 (OVERT ME).
•
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ARTICLF 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 EMPLOYER.
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.
�
•
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ARTICLE XII - W GES
• 12. 1 The basic ourly ge rates as established by Appendix C shall be paid
for all ho rs wor d by an employee.
12.2 Employees ho are covered by the fringe benefits listed below hall
continue t be cov red by suci� benefits. They shall be subject t all
other prov sions f the AGREEMENT, but shall not have hourly f inge
benefit co tribut ons and/or deductions made on their behal as
provided f r by Ar icle 13 (FRINGE BENEFITS).
12.21 Ins rance b nefits as established by City of Saint Paul
Res lutions including life, hospital, and health insurance for
_ ear retir es who have retired since November 1, 1984. I
ord to be eligible for the health benefits under the ear y
ret ee pro ision, the employee must:
12.21. 1 Be eceiving benefits from a public employee retir ment
act at the time of retirement.
12.21.2 Hav severed his relationship with the City of Sai t
Pau and Independent School District No. 625 unde one
of he early retiree plans.
12.21.3 Inf rm the Personnel Office of the City of Saint P ul
in writing within 60 days of employee's arly
ret'rement date that he or she wishes to be eli ible
• for early retiree insurance benefits.
12.22 Sick leave s established by the Civil Service Rules, Sect on 20.
12.23 Vaca ion as established by the Saint Paul Salary Plan and
Rate of Co pensation, Section I, Subdivision H.
12.24 Ten 10) le al holidays as established by the Saint Paul S lary
Plan and Ra es of Compensation, Section I, Subdivision I.
12.25 Seve ance b nefits as established by the School District's
Seve ance P y Plan with a maximum payment of $4,000. or as
esta lished by Section 12.26 of this Article.
� 12.26 Seve ance P Provisions effective November 1, 1984. Th
Empl yer sh 11 provide a severance pay program as set fort in
this Sectio :
12.2 .1 To e eligible for the severance pay program, an
emp oyee must meet the following requirements:
12. 6. 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 Retirement Assoc' -
• tion (PERA). The "rule of 85" or the "r le
of 90" criteria shall also apply to empl ees
covered by a public pension plan other t n
PERA.
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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
requesting 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 of 200 accrued sick leave days.
12.26.3 The maximum amount of money that any employee may '
obtain through this severance pay program is $6,500.
12.26.4 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.
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Article XII - W ges (c ntinued)
. 12.26.5 or the purpose of this severance pay program, a transf r
rom In ependent School District No. 625 employment to City
f Sain Paul employment is not considered a �eparati n pf
mploym nt, and such transferee shall not be eligibl for
his se erance program.
12.26.6 he man er of payment of such severance pay shall be ma e in
ccorda ce with the provisions of the School Dis rict
everan e Pay Plan already in existence.
12.26.7 is se erance pay program shall be subject to and gove ned
y the rovisions of the original School District Seve ance
ay Pla (which allows $4,000 maximum payment) excep in
hose c ses where the specific provisions of this se tion
onflict with said Severance Pay Plan and in such cases the
rovisi s of this section shall control.
12.26.8 y empl yee hired prior to February 15, 1974 may, in a y
ent, d upon meeting the qualifications of this se tion
r the riginal School District Basic Severance Pay Plan
( hich llows $4,000 maximum payment) , draw severance pay.
wever, an election by the employee to draw severance pay
der e ther this section or the basic School Dis rict
S veranc Pay Plan shall constitute a bar to rece ing
s veranc pay from the other.
� 12.26.9 emplo ee of Independent School District No. 625 shal not
b eligi le for the severance pay provision of this se tion
i such mployee is also eligible and a recipient of rly
R tireme t Incentive payment under the Memorandum of
A reemen with the exclusive representative dated
D cember 1, 1983.
12.3 Regular emp oyees ot covered by the fringe benefits listed in Art'cle
12.2 shall be c nsidered, for the purposes of this AGRE NT,
participati g empl yees and shall be compensated in accordance ith
Article 12 1 (WAG S) and have fringe benefit contributions an /or
deductions de on their behalf as provided for by Article 13 (FR NGE
BENEP`ITS).
12.4 Provi�sional tempo ary, and emergency employees shall be conside ed,
for the pur oses o this AGREEMENT, participating employees and s all
� be cdmpensa ed in ccordance with Article 12. 1 (WAGES) and have fr nge
benef'it co tribut'ons and/or deductions made in their behalf as
provi;ded fo by Ar icle 13 (FRINGE BENEFITS).
12.5 All regula emplo ees employed after February 15, 1974, shall be
considered, for th purpose of this AGREEMENT, participating emplo ees
and shall b compe sated in accordance with Article 12.1 (WAGES) and
have fringe benef t contributions and/or deductions made on t eir
� behalf as p ovided for by Article 13 (FRINGE BENEFITS).
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ARTICLE XIII - FRINGE BENEFITS
13.1 The II�SPLOYER 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 Foreman shall
remain solely with the EMPLOYER.
14.2 The class of position 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.
ARTICLE XV - RETIREMENT �
15. 1 All employees shall retire from employment with the EMPLOYER no later
than the last calendar day of the month in which an employee becomes
seventy (70) years old.
.
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ARTICLE XVI - H IDAYS
• 16. 1 The follow g ten 10) days shall be designated as holidays:
New Year's ay, January 1
Martin Luth r King Day, Third Monday in January (effective 986)
Presidents' Day, Third Monday in February
Memorial Da , _ Last Monday in May
Independenc Day, July 4
Labor Day, First Monday in September
Columbus Da , Second Monday in October
Veterans' D y, November 11
Thanksgivin Day, Fourth Thursday in November
Christmas D y, December 25.
� 16.2 When New Y ar's y, Independence Day or Christmas Day falls n a
Sunday, th foll wing Monday shall be considered the desig ated
holiday. en an of these three (3) holidays falls on a Satu day,
� the precedi g Frid y shall be considered the designated holiday.
16.3 The ten (10 holid ys shall be considered non-work days.
16.4 If, in the �udgm nt of the EMPLOYER, personnel are necessary for
operating o emerg ncy reasons, employees may be scheduled or "c lled
back" in ac ordanc with Article 10 (CALL BACK).
16.5 Participati g empl yees as defined in Articles 12.3, 12.4, and 12.5
assigned to work o Martin Luther King Day, Presidents' Day, Col bus
• Day or Vete ans' D y shall be compensated on a straight-time basis for
such hours orked.
16.6 Such parti ipatin employees assigned to work on New Year's ay,
Memorial D y, In ependence Day, Labor Day, Thanksgiving Day or
Christmas D y shal be compensated at the rate of two (2) times the
basic hourl rate or such hours worked.
16.7 If an empl yee ot er than a participating employee entitled o a
holiday is requir d to work on Martin Luther King Day (effec ive
1986) , Pres'dents' Day, Columbus Day or Veterans' Day, he shal be
granted ano her da off with pay in lieu thereof as soon thereafte as
the conveni nce of the department permits or he shall be paid n a
straight-ti e basi for such hours worked, in addition to his reg lar
- holiday pay
If an empl yee ot er than a participating employee entitled o a
' holiday is requi ed to work on New Year's Day, Memorial ay,
Independenc Day, abor Day, Thanksgiving Day or Christmas Day he
shall be r compen ed for work done on this day by being gra ted
compensator time n a time-and-one-half basis or by being paid n a
time-and-on -half asis for such hours worked, in addition to his
regular hol day pa .
Eligibility for ho iday pay shall be determined in accordance ith
• Section I ( ne) , S section I of the Saint Paul Salary Plan and R tes
of Compensa ion.
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Article XVI - Holidays (continued)
16.8 In the case of Board of Education employees, 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 s�all 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.
�
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ARTICLE XVII - ISCIPL NARY PROCEDURES
� 17. 1 The EMPLOY R shal have the right to impose disciplinary actio s on
employees or �us cause.
17.2 Disciplina y acti ns by the EMPLOYER shall include only the foll wing
actions: .
17.21 ral re rimand;
17.22 ritten reprimand;
17.23 uspens n;
17.24 emotio ;
17.25 ischar .
- 17.3 Employees ho ar suspended, demoted or discharged shall hav the
right to r quest hat such actions be reviewed by the Civil Se vice
Commission or a designated Board of Review. The Civil Se ice
� Commission or a esignated Board of Review shall be the sole and
exclusive eans o reviewing a suspension, demotion or discharge No
appeal of suspe sion, demotion or discharge shall be conside ed a
"grievance' for t e purpose of processing through the provisio s of
Article 23 (GRIEV CE PROCEDURE) .
ARTICLE XVIII - SENCE FROM WORK
� 18. 1 Employees o are nable to report for their normal work day hav the
responsibi ty to notify their supervisor of such absence as so n as
poss3.ble, b t in n event later than the beginning of such work d y.
18.2 Failure to make s ch notification may be grounds for disciplin as
prov�ded in Articl 17 (DISCIPLINARY PROCEDURES) .
18.3 Failure to repor for work without notification for three (3)
consecutive norma work days may be considered a "quit" by the
II�IPLOYER on the pa t of the employee.
r
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ARTICLE XIX - SENIORITY
19. 1 Seniority, for the purposes of this AGREEMENT, shall be defined as �
follows:
19.11 "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.
19.12 "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.
19.2 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 IIKPLOYER or to an elected or appointed
full-time position with the UNION.
19.3 Seniority shall terminate when an employee retires, resigns or is
discharged.
19.4 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". �
Employees laid off shall have the right to reinstatement in any
lower-paid class title previously held which is covered by this
AGREEMENT, provided employee has greater "Class Seniority" than the
employee being replaced.
19.5 The selection of vacation periods shall be made by class title based
on length of "Class Seniority", subject to the approval of the
EMPLOYER.
•
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� - _����
ARTICLE XX - JU ISDICT ON
� 20. 1 Disputes oncern g work jurisdiction between and among unio s is
recogni2ed as an appropriate subject to determination by the va ious
unions rep esenti g employees of the EMPLOYER.
20.2 The EMPLO ER ag ees to be guided in the assignment of work
�urisdicti n by a y mutual agreements between the unions involved
20.3 In �he eve t of a dispute concerning the performance or assignme t of
work, the unions involved and the EMPLOYER shall meet as so n as
mutually p ssible to resolve the dispute. Nothing in the fore oing
shall rest ict t right of the EMPLOYER to accomplish the wo k as
ori�inally assign d pending resolution of the dispute or to res rict
the EMPLOY R'S ba ic right to assign work.
20.4 Any employ e refu ing to perform work assigned by the EMPLOYER a d as
clarified y Sec ions 20.2 and 20.3 above shall be subjec to
disciplina y act on as provided in Article 17 (DISCIPL NARY
PROCEDURES .
20.5 There shal be no work stoppage, slow down or any disruption of work
resulting rom a rk assignment.
• ARTICLE XXI - S ARATIO
21. 1 Employees ving probationary or regular employment status sha 1 be
considered eparat d from employment based on the following actio s:
21. 11 Resi nation Employees resigning from employment shall gi e
written notice fourteen (14) calendar days p ior
to the effective date of the resignation.
21.12 Disc ar e. As provided in Article 17.
21. 13 Fail re to e ort for Dut . As provided in Article 18.
21.2 Employees aving n emergency, temporary or provisional emplo ent
status may e term nated at the discretion of the EMPLOYER before the
completion f a no al work day.
ARTICLE XXII - T OLS
22. 1 All employe s sha personally provide themselves with the tool of
• the trade a liste in Appendix B.
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ARTICLE XXIII - GRIEVANCE PROCEDURE
23. 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.
23.2 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.
23.3 The procedure established by this ARTICLE shall be the sole and
exclusive procedure, except for the appeal of disciplinary action as
provided by 17.3, for the processing of grievances, which are defined
as an alleged violation of the terms and conditions of this AGREEMENT.
23.4 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 II�PLOYER shall reply in writing to the UNION
within three (3) calendar days following this meeting. The
UNION may refer the grievance in writing to Step 3 within
seven (7) calendar days following receipt of the EMPLOYER'S
written answer. Any grievance not referred in writing by
the UNION within seven (7) calendar days following receipt
of the EMPLOYER'S answer shall be considered waived. •
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� -����
Article XXIII - Grieva ce Procedure (continued)
• Step 3. ithin even (7) calendar days following receipt of a
rievan e referred from Step 2, a designated EMP OYER
upervi or shall meet with the UNION Business Manager o his
esigna ed representative and attempt to resolve the
rievan . Within- seven (7) calendar days following this
eeting, the EMPLOYER shall reply in writing to the ION
tating he EMPLOYER'S answer concerning the grievance. If,
s a re ult of the written response, the grievance re ains
nresol d, the UNION may refer the grievance to St 4.
ny grie ance not referred in writing by the UNION to S ep 4
ithin even (7) calendar days following receipt of the
LOYE 'S answer shall be considered waived.
Step, 4. f the g ievance remains unresolved, the UNION may with n
ven ( ) calendar days after the response of the EMP OYER
Step 3, by written notice to the EMPLOYER, re uest
rbitrat on of the grievance. The arbitration procee ings
s all be conducted by an arbitrator to be selected by m tual
a reemen of the EMPLOYER and the UNION within seve (7)
c lendar days after notice has been given. If the pa ties
f il to mutually agree upon an arbitrator within the said
s ven- ( ) day period, either party may request the P blic
E ployme t Relations Board to submit a panel of five (5)
a bitrat rs. Both the EMPLOYER and the UNION shall hav the
r ght t strike two (2) names from the panel. The ION
� s all st ike the first (lst) name; the EMPLOYER shall then
s rike o e (1) name. The process will be repeated an the
r mainin person shall be the arbitrator.
23.5 The arbitra or sha 1 have no right to amend, modify, nullify, ig ore,
add to or subtr t from the provisions of this AGREEMENT. The
arbitrator hall c nsider and decide only the specific issue subm tted
in writing y the EMPLOYER and the UNION and shall have no auth rity
to make a decis on on any other issue not so submitted. The
arbitrator shall e without power to make decisions contrary t or
inconsisten with r modifying or varying in any way the applic tion
of laws, ru es or egulations having the force and effect of law. The
arbitrator' decis on shall be submitted in writing within thirty (30)
days follow ng clo e of the hearing or the submission of briefs b the
• parties, wh chever be later, unless the parties agree to an extens on.
The decisio shall be based solely on the arbitrator's interpreta ion
or applicat on of he express terms of this AGREEMENT and to the f cts
' of the grie ance p esented. The decision of the arbitrator shal be
final and b nding n the II�LOYER, the UNION, and the employees.
•
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Article XXIII - Grievance Procedure (continued) �
23.6 The fees and expenses for the arbitrator's services and proceedings �
shall be borne equally by the EMPLOYER and the UNION, provided that
each party shall be responsible for compensating its own
representative and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made,
providing it pays for the record.
23.7 The time limits in each step of this procedure may be extended by
mutual agreement of the EMPLOYER and the UNION.
�
•
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� - i���
ARTICLE XXIV - IGHT 0 SUBCONTRACT
� 24.1 The EMPLOY R may, at any time during the duration of this AGRE ENT,
contract o t work done by the employees covered by this AGREEMENT In
the event that s ch contracting would result in a reduction o the
work force cover d by this AGREEMENT, the EMPLOYER shall giv the
UNIQN a inety (90) calendar day notice of the intentio to
subcontrac .
24.2 The subcon ractin of work done by the employees covered by this
AGREEMENT hall i all cases be made only to employers who quali y in
accordance with 0 inance No. 14013.
ARTICLE XXV - N N-DISC MINATION
25. 1 The terms and c nditions of this AGREEMENT will be applie to
employees qually without regard to or discrimination for or ag inst
any indivi ual be ause of race, color, creed, sex, age or becau e of
membership r non- embership in the UNION.
25.2 Employees ill rform their duties and responsibilities n a
non-discri 'natory manner as such duties and responsibilities in olve
other emplo ees an the general public.
�
ARTICLE XXVI - S VERABI ITY
26. 1 In the even that ny provision(s) of this AGREEMENT is declared o be
contrary t law y proper legislative, administrative or jud cial
authority rom wh se finding, determination or decree no appea is
taken, such provis on(s) shall be voided. Al1 other provisions all
continue in full f rce and effect.
26.2 The parties agree o, upon written notice, enter into negotiation to
� place the oided rovisions of the AGREEMENT in compliance with the
legislative admin strative or �udicial determination.
•
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ARTICLE XXVII - WAIVER
27. 1 The EMPLOYER and the UNION acknowledge that during the meeting and ,
negotiating which resulted in this AGREEMENT, each had the right and
opportunity to make.proposals with respect to any subject cancerning _
the terms and conditions of employment. The agreements and
understandings reached by the parti.es after the exercise of this right
are fully and completely set forth in this AGREEMENT.
27.2 Therefore, the EMPLOYER and the UNION for the duration of this
AGREEMENT agree that the other party shall not be obligated to meet
and negotiate over any term or condition of employment whether
specifically covered or not specifically covered by this AGREEMENT.
The UNION and EMPLOYER may, however, mutually agree to modify any .
provision of this AGREEMENT.
27.3 Any and all prior ordinances, agreements, resolutions, practices, .
policies, and rules or regulations regarding the terms and conditions
of employment, to the extent they are inconsistent with this
AGREEMENT, are hereby superseded.
ARTICLE XXVIII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625
28.1 Employees of the School District under policy adopted by the Board of �
Education may be reimbursed for the use of their automobiles for
school business. To be eligible for such reimbursement, employees
must receive authorization from the District Mileage Co�►ittee
utilizing one of the following plans:
PLAN "A" is reimbursed at the rate of 23C per mile. In addition,
a maximum amount which can be paid per month is established by an
estimate furnished by the employee and the employee's supervisor.
Another consideration for establishing the maximum amount can be
the experience of another working in the same or similar
position.
Under this plan, it is necessary for the employee to keep a �
record of each trip made.
PLAN "C" provides for reimbursement based on a per month "lump �
sum" amount. This amount is determined by the employee's driving
experience under Plan "A" for a period of 3 to 6 months. Those
employees receiving an auto allowance under this plan must report
monthly the number of days the car was available during the
month. A deduction must be made from the lump sum amount for
each day the employee is on vacation. A deduction need not be
made for an occasional day of illness or for holiday.
•
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� -����
ARTICLE XXIX - D TION AND PLEDGE
� 29. 1 This AGRE NT s 11 become effective as of the date of sig ing,
except as pecifi lly provided otherwise in Articles 12 and 13, and
shall remai in ef ect through the 31st day of May, 1989, 'and con inue
in effect rom ye r to year thereafter unless notice to change r to
terminate i given in the man�er provided in 29.2.
29.2 If either party desires to terminate or modify this AGRE ENT
effective a of th date of expiration, the party wishing to modi y or
terminate t e AGRE ENT shall give written notice to the other p rty,
not more th n nine y (90) or less than sixty (60) calendar days rior
to the exp ration date, provided that the AGREEMENT may only b so
terminated r modi ied effective as of the expiration date.
29.3 In c4nsider tion o the terms and conditions of employment establ shed
by this AG EEMENT and the recognition that the GRIEVANCE PROC DURE
herein est lished is the means by which grievances concerning its
application or int rpretation may be peacefully resolved, the pa ties
hereby pled e that during the term of the AGREEMENT:
29.31 The ION a d the employees will not engage in, instigate r
cond ne any concerted action in which employees fail to re ort
for uty, w llfully absent themselves from work, stop work,
slow down t efr work or absent themselves in whole or part
from the fu 1, faithful performance of their duties of
empl yment.
� 29.32 The LOYE will not engage in, instigate or condone any
lock ut of mployees.
29.33 This consti utes a tentative AGREEMENT between the parties
whic will e recommended by the School Board Negotiator, b t
is s bject o the approval of the Board of Education and is
also subjec to ratification by the UNION.
AGREED to t is �� day ofL�ti���, 1986, and attested to as the ull
and complete un erstan ing of the parties for the period of time he ein
specified by t e sign ture of the following representatives for the
EMPLOYER and the UNION.
• WITNESSES:
" INDEPENDENT SCHO L DIST ICT N0. 625 TWIN CITY GLAZIERS, ARCHITECTU L
METALS AND GLASS WORKERS LOCAL 324
V
��
Schoo Board Neg tiator B ne epresentative
s
��G%�
Cha rman, Board f Educ tion
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.� _,���
APPENDIX A
SThe class s of positions recognized by the EMPLOYER as eing
exclusively rep esented by the UNION are as follows:
Glazi r
Appre tice
and other class s of ositions that may be established by the EMP OYER
where the duties and re ponsibilities assigned come within the jurisdi tion
of the UNION.
•
• - A1 -
Appendix C (continued)
h ve h ions and or deductions listed in �
If the Union elects to a t e contribut /
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 contribution) remains constant.
•
•
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_� -��y�
APPENDIX D
• Effective une 1, 1986, the EMPLOYER shall:
(1) ontrib te $1.00 . per hour for all hours worke by
artici ating employees as defined in Articles 12.3, 12.4,
nd 12. covered bq this AGREEMENT, to a UNION-desig ted
ealth nd Welfare Fund.
(2) educt 1.50 per hour for all hours worked from the ea ings
f part cipating employees as defined in Articles 12.3,
2.4, a d 12.5 of this AGREEMENT, and forward to a Vac tion
und.
(3) ontrib te $ .02 per hour for all hours worke by
artici ating employees as defined in Articles 12.3, 2.4,
,� nd 12. covered by this AGREEMENT, to a Journe and
rent ceshi Trainin Fund.
(4) n addi ion to the above, in the case of Temporar and
mergen employees, the EMPLOYER shall contribute $2.0 per
our fo all hours worked to a Pension Fund.
All contri utions made in accordance with this Appendix shal be
forwarded to de ositor s as directed by the UNION.
The EMPLOY R shal establish Workers' Compensation and Unemplo ment
• Compensation pr rams a required by Minnesota statutes.
Participat g emp oyees as defined in Articles 12.3, 12.4, and 12.5
covered by thi AGRE ENT shall not be eligible for, governed b or
accumulate vaca ion, ick leave, holiday, funeral leave, �ury dut or
insurance fring bene ts that are or may be established by Pers nnel
Rules, Council 0 dinanc or Council Resolutions.
The EMPLOYE 'S fri ge benefit obligation to participating employe s as
defined in Arti les 12 3, 12.4, and 12.5 is limited to the contribu ions
and/or deductio s est lished by this AGREEMENT. The actual leve of
benefits provide to e loyees shall be the responsibility of the Tru tees
of the various funds o which the EMPLOYER has forwarded contribu ions
and/or deduction .
•
- D1 -
� . �,-.- �y�r�
R� � CI Y OF SAINT PAUL
�F
.' r��•��Z���{��' �
iSi� t�t.i I O CE QF THT CITY COUNCIL
�ommi�tee Repart
�`i� ce Man eme�.t & Personnel Carr.�mittee.
OCTOBER 9, 1986 `
l. Approval of minutes rom me ting held October 2, 1986. apnroved
2. Resolution ratifying 1986 M morandum of Agreement between the City of Sain Paul
and AFSCME Lo¢al 250 - Cle ical (Committee-of-the-Whole Item). a roved � '
3. Resolution ra�ifying 1986 M morandum of Agreement between the City of Sain Paul �
and AFSCiKE LoCal 184 - Tec nical (Committee-of-the-Whole Item) . a Xov d
4. Resolution directing the Po t Authority to refund $884,000 to City taxpaye s
and to cancel ;the pr posed 867,421 tax levy for 1987 (laid over from �
October 2, 1986). enied
5.. Resol;ution ap�roving 1986-1 9 Maintenanre Labor llgreee�ee�tt betw�een Ind"�pem ent
School Distric}t--�to. 25 and ;Ta�ta City Glaziers Loca1 :2324 (laid over from �
Oc�tober.2, i9�6)• � a ro d - ___. _ .
6. Resolution approving 1986-1 $8 Maintenance Labor Agreement between the Cit
and T•,ain City Glazie s and lass Workers Local 1324 (laid over from Octobe 2,
1986). a oved
7. Resolution authorizi g an a reenent with Independent School District No. 6 5
whereby the city wil provi e police services in its high school police li ison
grogram. a rove
8. Resolution sugportin conti uation of the Human Services Initiative throug the
Department of Commun ty Ser ices. approved without discussion
9. Discussion of renova ion of City Hall/Courthouse aad property management o
joint city/couaity bu ldings. laid over
C� �I-I- S FLOOR SAINT PAUL, OTA SS10Z
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