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86-1480 WHITE - CITV CIERK � PINK - FINANCE GITY OF SAINT PAUL Council � CANARV - DEPARTMENT File NO• `r � �� BLUE - MAVOR C uncil Resolution -�- Presented By �Referred To L�% Committee: Date � � Out of Committ e By Date RESOLVED,: that he Cou cil of the City of Saint Paul hereby approves and ratifies �he att ched 1 86-1989 Maintenance Labor Agreement between the City of Saint Paul a d the oilermakers Union, Lodge 647. i COUNC[LMEN Requested by Department of: Yeas �� Nays � Nicosia ERSONNEL OFF Rettman [n Favor Scheibel 1`\ Sonnen �� _ Against BY Tedesco � Wilson Adopted by Council: Date u� Z 3 » Form pprove by C' ctor Certified Pas e unc'1 Secre B � gy, Approved by 1�lavor. a e � "" °�` —� 2 ,�►'Ppr e y Mayor for Sub ' Cou cil BY — BY � p��,_�!�4�� OV 1 1986 I Personnel Office '�pEPARTMENT G�— d`��d ° 05941 Jim Lomb.ardi ONTACT 7301 �' HONE 9-22-86 '�DATE �� Qi � AS GN NUN�ER FOR ROUT NG OR R Cl i '. Al l Locations for Si nature : � Department Directo ' � Director 'of Management/ yor � Finance and Manage ent Se vices irector � 4 City Cl.erk Budget Director � City Attorney WHAT WILL BE ACHIEYED Y TAKI G ACTI N ON THE ATTACHED MATERIA�.S? (Purpase/ Rationale) : This resolution approv s the 986-19 9 Agreement between the City of St. Paul and t Boilermakers Lodge, 647. The chang s in t is new ,'Agreement include the revised overtime languag in Article �X and wage settlement. he tot 1 pack ge increase is .805 per hour, effective July, 986, .50 per hr. July, 1987 and .50 .per hr. Ju y, 198 . , _ i i . ,i COST BENEFIT BUDGETAR AND ' RSONNE''� IMPACTS ANTICIPATED: Two employees ;;j _ REC��/ED 1986 July thru Dec. - $j 674 � `�� S�P 2 4 lyti0 C� 1987: Jan, thru Dec. - 2,714 l 0.,�� MAYOR'S OFFICE � 1988: 3an, thru` June - 1 9+A0 Three year total 5,428 • FINANCING SOURCE AND BUDGET CTIVIT NUN�ER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of 'Tra sacti n: j quired if under ! � $10,00Q) Fundin;g Source: Activity Number: • ATTACHMENTS List and Number All At chments : ; 1 . Resolution ' 2. Copy for City Cler � - � �I ', ., � • ;I DEPARTMENT REVIfW ' CITY ATTORNEY REVIEW � Yes No Council Resolu ion� Re �ired? ' Resolution Required? � Y s No Yes �No Insuran e Requ red? Insurance Sufficient? Y s No �/,� Yes /No Insuran e Atta hed: � . - I � � (SE •REVER � SIDE FOR INSTRUCTIONS) � Revised 12/84 I � W :°��. HOW TO USE THE GREEN SF�ET � .',." The GREEN SHEET has several PURPOSES: � ' � � -_�. 1. to assist in routing docu�ents and in securing required signatures 2. to brief the reviewers of documents on the impacts of approval 3. to help ensure that necessary �upportincLmaterials are prepared, and, if required, attached: � Providinq complete informa'tion under the listed headings enables reviewers to make _ decisions on the docwaents and eluninates follow-up contacts that tnay delay execution. The COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS heading provides space to explain � the cost/benefit aspects of the decision. Costs and benefits related both to City budget (General Fund and/or Sgecial Funds) and to broa�er financial impacts (cos.t to users, homeowners or other qroups affected by the action) . �e personnel impact is a description of chanqe or shift of Full-Tia� 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 Accountinq 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 Manaqement/Mayor 4. Budget Director 4. City Cl�rk ' 5. City Clerk 6. Chief Accountant, F&MS COUNCIL RESOLUTION (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 Management/Mayor 4. Director of Management/Mayor. 4. City Clexk 5. Chair, Finance, Mngmt. & Personnel Com. 5. City Council 6. City Clerk 7. City Council 8. Chief Accountant, E'&MS SUPPORTING MATERIALS. In the ATTACHI�NTS 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 agreement requires eviderice of insurance/co-insurance, a Certif�cate of Insurance should be one of the attachments at titne of routing. ` Note: Actions which require City Council Resolutions include: 2. Contractual relationship aith another governmental unit. 2.. Collective bargaininq contracts. • 3. Purchase, sale or lease of'land. . 4. Issuance of bonds by City. . 5. Eminent domain. - 6. Assumption of liability by City, or grantinq by City of �ndemnific�tion. : 7. Agreements with State or Federal Govsrnment under which they are providinq � funding. 8. Budqet amendments. ' . : � � _,��d � JULY 9, 1986 THROUGH JULY 18, 1989 I MAI TENANCE LABOR AGREEMENT - between - HE CITY OF SAINT PAUL - and - INT ATIO L BROTHERHOOD OF BOILERMAKERS, I IRQN SHI UILDE , BLACKSMITHS, FORGERS AND HELPERS, LODGE 647 � I � � �-i��d � INDEX ARTICLE TITL PAGE Prea ble iii I Purp se 1 II Reco ition 2 III Empl er Rights 3 IV I Union Rights 4 � Scope of Agreement 5 VI I Proba ionary Periods 6 VII I Philo ophy of Employment and Compensation 7 VIII I Hours of Work g IX I Overt me g X I Call ack 10 XI I Work ocation 11 XII I Wages 12 XIII Fring Benefits 14 XIV Holid ys 15 � Disci linary Procedures 16 �I Absenc s From Work 17 XVII Senior'ty ig XVIII Jurisd"ction 19 XIX Separa ion 20 � Tools 21 XXI Grieva ce Procedure 22 XXII Right f Subcontract 27 XXIII NonDis rimination 28 XXIV Severa ility 29 XXV Waiver 30 XXVI City M leage Plan 31 XXVII Severa ce Pay 32 XXVIII Durati n and Pledge 34 Append A A1 ppend' B B1 ppend C C1 - ii - I � �d �- ��/ P R E A M B L E T�is AG EEMENT s entered into between the City of Saint Paul, hereinafter� referr d to a the EMPLOYER and the International Brotherhoo of Boilermal�ers, I on Shi builders, Blacksmiths, and Helpers, Lodge 647, hereinafter �ireferr d to a the UNION. Th� EMPL YER an the UNION concur that this AGREEMENT has as it ob�ective th� prom tion of the responsibilities of the City of Saint Paul for the bene�it of he gen ral public through effective labormanagement cooperation• �i The! EMPLO ER and the UNION both realize that this goal depends not only on the wor s in th AGREEMENT but rather primarily on attitudes between peoplg at al level of responsibility. Constructive attitudes of the City, the !UNION, and th individual employees will best serve the need of the generall publi . - iii - � � ��- ��d ARTICLE I - PURPOS 1.1 The EM�LOYER nd the UNION agree that the purpose for entering into this A REEMEN is to 1.11 chieve orderl and peaceful relations, thereby �stabli hing a system of uninterrupted operations a�nd the highes level of employee performance that i�s cons stent ith the safety and wellbeing of all concern d; 1.12 �et for h rate of pay, hours of work, and other conditi ns of ployment as have been agreed upon b� the LOYE and the UNION; 1.13 E�Stabli proce ures to orderly and peacefully resolve dispute as to he application or interpretation of this AG EMENT ithout loss of manpower productivity. 1.2 The EMP�OYER a d the ION agree that this AGREEMENT serves as a supplem$nt to egisla ion that creates and directs the EMPLOYER. If any pari� of th s AGRE MENT is in conflict with such legislation, the latter �hall p evail. The parties, on written notice, agree to negotia e that part i conflict so that it conforms to the statute as prov ded by Articl 24 (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. 74-PR-60-A dated August 8, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. - 2 - � � �-i�� ARTICLE III - EMP YER RI HTS 3.1 The LOYER etains the right to operate and manage all manpower, facili ies, a d equi ment; to establish functions and programs; to set and am nd bud ets; to determine the utilization of technolog ; to est�blish nd mod fy the organizational structure; to select, direct� and d termin the number of personnel; and to perform any inhere t mana erial unction not specifically limited by this AGREE�NT. 3.2 Any "te,rm or onditi n of employment" not established by this AGREEM�T sha 1 rema' with the EMPLOYER to eliminate, modify, or establish fol owing itten notification to the UNION. - 3 - ARTICLE IV - UNION RIGHTS 4. 1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies deducted shall be remitted as directed by the UNION. 4.11 The EMPLOYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any other labor organization. 4.12 The UNION shall indemnify and save harmless the EMPLOYER from any and all claims or charges made against the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 The UNION may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the EMPLOYER in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 21 (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. - 4 - �� i�� ARTICLE V �I SCOPE OF THE AGREE�+IENT 5.1 This �GREEME T esta lishes the "terms and conditions of employment" defin�d by M S. 179 63, Subd. 18 for all employees exclusively represlented y the NION. This AGREEMENT shall supersede such "terms�land c nditio of employment" established by Civil Service Rule, Counci Ordina ce, 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 perform the class of positions' duties and responsibilities shall be evaluated. 6. 11 At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 21 (GRIEVANCE PROCEDURE) . 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the UNION. 6.2 All personnel promoted to a higher class of positions shall serve a six (6) months' promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.21 At any time during the promotional probationary period an employee may be demoted to the employee's previously held class of positions at the discretion of the EMPLOYER without appeal to the provisions of Article 21 (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 - , . �lv-/y�4 ARTICLE VIIII - PHI OSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The EMIPLOYER and t UNION are in full agreement that the philos�phy o emplo ent and compensation shall be a "cash" hourlylwage d "ind stry" fringe benefit system. 7.2 The EM�LOYER hall c mpensate employees for all hours worked at theibasic ourly age rate and hourly fringe benefit rate as found �ln Arti les 12 (WAGES) and 13 (FRINGE BENEFITS) . 7.3 No othlr comp nsatio or fringe benefit shall be accumulated or � earnedlby an mploye except as specifically provided for in this AGREEME�TT; ex ept th se employees who have individually optioned to be "�randi thered' as provided by 12.2. - 7 - I ARTICLE VIII - HOURS OF WORK 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period. 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 sub�ect to callback by the EMPLOYER as provided by Article 10 (CALL BACK) . 8.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. - 8 - � � d� -��r�� ARTICLE IX j- OVER IME 9.1 All ov�rtime compens ted for by the EMPLOYER must receive prior aut ori- zationlfrom design ted EMPLOYER supervisor. No overtime work cla m will be honbred fo payme t or credit unless approved in advance. An ov rtime claim �ill no be ho ored, even though shown on the time card, unle s the required adva ce app oval has been obtained. 9.2 The ove�lrtime ate of one and onehalf (1}) the basic hourly rate shal be paid fdlr work perfo ed under the following circumstances: 9.21 Tl�ime wo ked in xcess of eight (8) hours in any one n�rmal ork da and 9.22 T��'tme wor ed on sixth (6th) day following a normal wQrk wee . 9.3 The ove�time r te of wo (2) times the basic hourly rate shall be pa d for worl� perfo ed un er the following circumstances: 9.31 Ti�me wor ed on seventh (7th) day following a noraml wqrk wee ; and 9.32 Tit�►e wor ed in xcess of twelve (12) consecutive hours inla twe ty-fou (24) hour period, provided, that all "e#nergen " wor required by "Acts of God" shall be co�npensat d at t e rate of one and one-half (1}) . The ti�he and ne-hal overtime rate shall be based on the total rat�e, inc uding ny premium pay, being earned during the ov�rtime ours w rked. 9.4 For the �urpose of ca culating overtime compensation overtime hours rked shall no� be "p ramide ", compounded, or paid twice for the same hours worked. 9.5 Overtimellhours orked s provided by this Article shall be paid in cas or compenllsatory time a the option of the Employer. - 9 - I ARTICLE X - CALL BACK 10.1 The EMPLOYER retains the right to call back employees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 10.2 Employees called back shall receive a minimum of four (4) hours pay at the basic hourly rate. 10.3 The hours worked based on a callback shall be compensated in accordance with Article 9 (OVERTIME) , when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME) . - 10 - � � ��e � ARTICLE XII- WORK LOCATI N 11.1 Employ�lees sh 11 rep rt to work location as assigned by a designated EMPLOI�ER sup rvisor. During the normal work day employees may be assignl�ed to ther wo k locations at the discretion of the EMPLOYER. 11.2 Employ�es assigned t work locations during the normal work day, other �han th ir ori inal assignment, and who are required to furni h their �wn tra sporta ion shall be compensated for mileage. , - 11 - � ARTICLE XII - WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Employees who are covered by the fringe benefits listed below shall continue to be covered by such benefits. They shall be subject to all other pro- visions of the AGREEMENT, but shall not have hourly fringe benefit contri- butions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.21 Insurance benefits as established by City of Saint Paul Resolutions. 12.22 Sick Leave as established by Resolution No. 3250, Section 20. 12.23 Vacation as established by Saint Paul Salary Plan and Rates of Compensation, Section 1, Subdivision H. 12.24 Ten (10) legal holidays as established by Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision I. 12.25 Severance benefits as established by Resolution No. 11490 with a maximum payment of $4,000. 12.26 The EMPLOYER will for the period of this AGREEMENT provide for EMPLOYEES working under the title of General Blacksmith who retire after February 25, 1977, and until such EMPLOYEES reach sixtyfive (65) years of age such health insurance benefits as are provided by the EMPLOYER. 12.27 In order to be eligible for the benefits under the provision of 12.26 the EMPLOYEE must: 12.27.1 Be receiving benefits from a public employee retiree act at the time of retirement. 12.27.2 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. - 12 - �� @,c ��- ��X� ARTICLE XI� - WAG S (con inued) 12.3 Regula,r empl yees n t covered by the fringe benefits listed in Arti le 12.2 s�all b consi red, for the purposes of this AGREEMENT, parti ipating employees an shall e compensated in accordance with Article 12.1 WAGES) and ha�ve fri e bene it contributions and/or deductions made on the r behalf as pr ided f r by Article 13 (FRINGE BENEFITS) . 12.4 Provis�ional, empora y, and emergency employees shall be considered for the pu�poses f this AGREEMENT, participating employees and shall b compensated i accor ance with Article 12.1 (WAGES) and have fringe benefit� contr bution and/or deductions made in their behalf as pro ided for by Articl 13 (F INGE BENEFITS) . 12.5 All re�ular e ployee employed after February 15, 1974, shall be consid�red, f r the urpose of this AGREEMENT, participating employe s and sha�ll be ompens ted in accordance with Article 12.1 (WAGES) and have fr,inge b nefit ontributions and/or deductions made on their be alf as prov,'ded f r by A ticle 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 - �� -i��d ARTICLE XIV - HOL AYS 14.1 The fo�lowing ten (1 ) days shall be designated as holidays: Ne Year's Day, January 1 Mar in Lut er King Day, Third Monday in January (effectiv 1986) Pre idents Day, Third Monday in February Mem rial D y, last Monday in May Ind penden e Day, July 4 Lab r Day, first Monday in September Col mbus D y, second Monday in October Vet rans' ay, November 11 Tha ksgivi g Day, fourth Thursday in November Chr stmas ay, December 25 14.2 When Ne�w Year s Day, Independence Day or Christmas Day falls on a Sunday, the f llowin Monday shall be considered the designated holiday. Whe any o these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 14.3 The ten (10) oliday shall be considered non-work days. 14.4 If, in �he ju gment o the EMPLOYER, personnel are necessary for operati g or ergenc reasons, employees may be scheduled or "called back" in acco dance with Article 10 (CALL BACK) . 14.5 Partici�ating mploye s as defined in Articles 12.3, 12.4 and 12.5 a signed to work on Mar in Lut er King Day, President's Day, Columbus Day or eteran's Day sha�l be c mpensa ed on a straight time basis for such hours wor ed. 14.6 Such Pa ticipa ing em loyees assigned to work on New Year's Day, Mem rial Day, In�epende ce Day Labor Day, Thanksgiving Day or Christmas Day hall be comp nsated at the rate of two (2) times the basic hourly rate fo such hours w�rked. 14.7 If an e�ployee other han a Participating employee entitled to a hol ay is require to wo k on rtin Luther King Day (effective 1986) , Preside t's Day, Christo her Co umbus ay, or Veteran's Day, he shall be granted anot r day off witl� pay i lieu hereof as soon thereafter as the convenience of the department per its, o he shall be paid on a straight time basis for uch hours wdrked, n addi ion to this regular holiday pay. If an employe other than a partici ating mployee entitled to a holiday is required to wo k on New Year's Day Memor al Day, Independence Day, Labor Day, Thanksgivi g Day or Christm s Day, he shall be recompensed for work done on this d y by being grant d comp nsatory time on a time and one-half basis or by being paid on a time and on -half basis for such hours worked, in addition o his regular holida pay. ligibility for holiday pay shall be determined in accordance wit Secti I, Subsection I of the St. Paul Salary Plan a d Rates of Compe sation. - 15 - ARTICLE XV - DISCIPLINARY PROCEDURES 15.1 The EMPLOYER shall have the right to impose disciplinary actions on employees for just cause. 15.2 Disciplinary actions by the EMPLOYER shall include only the following actions: 15.21 Oral reprimand 15.22 Written reprimand 15.23 Suspension 15.24 Demotion 15.25 Discharge 15.3 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civil Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appeal of a suspension, demotion, or discharge shall be considered a "grievance" for the purpose of processing through the provisions of Article 21 (GRIEVANCE PROCEDURE) . - 16 - �� i �`-�-�- i�1�� ARTICLE XV� - ABS NCES F OM WORK 16.1 Employlees wh are u able to report for their normal work day have the relsponsi ility notify their supervisor of such absence as soon al�s poss' le, b in no event later than the beginning of such work d�y. 16.2 Failurf to ma e such notification may be grounds for discipline as pro�Vided i Artic e 15 (DISCIPLINARY PROCEDURES) . 16.3 Failur� to re ort fo work without notification for three (3) consec�tive n rmal w rk days may be considered a "quit" by the EMPLOY�R on t e part of the employee. - 17 - i ARTICLE XVII - SENIORITY 17.1 Seniority for the purposes of this AGREEMENT, shall be defined as follows: 17.11 "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. 17.12 "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. 17.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or in�ury; is granted to allow an employee to accept an appointment to the unclassified service of the EMPLOYER or to an elected or appointed fulltime position with the UNION. 17.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 17.4 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 lowerpaid class title previously held, provided, employee has greater "Class Seniority" than the employee being replaced. 17.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", sub�ect to the approval of the EMPLOYER. - 18 - . . �- �_��d ARTICLE XV�II - J RISDIC ION 18.1 Dispu�es con erning work �urisdiction between and among unions is recog�iized a an ap ropriate subject for determination by the vario s unionsl repre enting employees of the EMPLOYER. 18.2 The EN�PLOYER agrees to be guided in the assignment of work jurisdic ion by any mutua agree ents between the unions involved. 18.3 In the event f a di pute concerning the performance or assignment f work, the un ns inv lved and the EMPLOYER shall meet as soon as mu ually possiblLe to r solve he dispute. Nothing in the foregoing shall re trict the ri�ht of he EMP OYER to accomplish the work as originally assi ned pendin� resol tion o the dispute or to restrict the EMPLOYER'S bas'c right 1to assi n work 18.4 Any employee efusin to perform work assigned by the EMPLOYER and clarifi;ed by ection 18.2 and 18.3 above shall be subject to discip inary action as pro ided i Article 15 (DISCIPLINARY PROCEDURES) . 18.5 There shall b no wo k stoppage, slow down, or any disruption of wor resulti�g fro a wor assignment. - 19 - ARTICLE XIX - SEPARATION 19.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following sections: 19.11 Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 19.12 Discharge. As provided in Article 15. 19.13 Failure to Report for Duty. As provided in Article 16. 19.2 Employees having an emergency, temporary, or provisional employment status may be terminated at the discretion of the EMPLOYER before the completion of a normal work day. - 20 - �� -�� ARTICLE XX - TOOLS 20. 1 All employees shall ersonally provide themselves with the tools of the trade s list d in Appendix B. - 21 - ARTICLE XXI - GRIEVANCE PROCEDURE 21. 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 ENIPLOYER in writing of the names of the Stewards and of their successors when so named. 21.2 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 pro- cessed 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. 21.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 15.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. 21.4 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 - 22 - ., . ��y�� ARTICLE XXI - GRI VANCE OCEDURE (continued) employe 's supe visor. If the matter is not resolved to the emp yee's atisfaction by the informal discussion it may b reduc d to writing and referred to Step 2 by the UNIO . The written grievance shall set forth the n�ture o the g ievance, the facts on which it is based, tl�e alle ed sec ion(s) of the AGREEMENT violated, and tMe reli f requ sted. Any alleged violation of the A(�REEMEN not r duced to writing by the UNION within sekven (7 calen ar days of the first occurrence of the evhent gi ing ri e to the grievance or within the use of re�asonab e dili ence should have had knowledge of the first oc urrenc of the event giving rise to the grievanc , shal be considered waived. Stjep 2. ithin even (7) calendar days after receiving the � wr�tten rievanc a designated EMPLOYER supervisor shall me�t wit the UN ON Steward and attempt to resolve the gr�evance. If, s a result of this meeting, the grievance re�ains u resolv d, the EMPLOYER shall reply in writing to th� UNION within three (3) calendar days following this me�ting. The UN ON may refer the grievance in writing to St�p 3 wi hin se en (7) calendar days following receipt of th� EMPLO ER'S itten answer. Any grievance not referred in writin by th UNION within seven (7) calendar days following receip of the EMPLOYER'S answer shall be considere waive . - 23 - ARTICLE XXI - GRIEVANCE PROCEDURE (continued) St_ ep 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated EMPLOYER supervisor shall meet with the UNION Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the EMPLOYER shall reply in writing to the UNION stating the EMPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred to in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. Step 4. If the grievance remains unresolved, the UNION may within seven (7) calendar days after the response of the II�LOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relation Board to submit a panel of five (5) arbitrators. Both - 24 - � ` ��-�� ARTICLE XXI - GRI VANCE OCEDURE (continued) t�e EMP OYER an the UNION shall have the right to s�rike o (2) ames from the panel. The UNION shall strike t e firs (lst) name; the EMPLOYER shall then strike o e (1) ame. The process will be repeated a�d the emaini g person shall be the arbitrator. 21.5 The ar�itrato shall have no right to amend, modify, nullify, ignor , add to� or su tract rom the provisions of this AGREEMENT. The arbitr�tor sh 11 con ider and decide only the specific issue submit ed in wri�ing by the E LOYER and the UNION and shall have no authorit to mak� a dec sion o any other issue not so submitted. The arbitr�tor sh 11 be ithout power to make decisions contrary to or incons�stent ith or modifying or varying in any way the application of lawsl, rule , or r gulations having the force and effect of law. The arbitrato 's dec'sion shall be submitted in writing within thirty (30) d ys fol owing close of the hearing or the submission of brie'fs by he par ies, whichever be later, unless the parties agree t an e tensio . The decision shall be based solely on the arb�trato 's inte retation or a lication of e p pp th express terms o� this GREEME T and to the facts of the grievance presented. decis on of the arbitrator shall be final and binding on the EMPLOY R, the UNION and the employees. - 25 - , ARTICLE XXI - GRIEVANCE PROCEDURE (continued) 21.6 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. 21.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. — 26 — � ' (�,�d��-i�'�� ARTICLE XXII - RI HT OF S BCONTRACT 22.1 The EMPLOYER y, at any time during the duration of this AGREEMENT contra�t out ork do e by the employees covered by this AGREEMENT. In the event hat su h contracting would result in a reduction of the wo$k forc cover d by this AGREEMENT, the EMPLOYER shall give the UN ON a n'nety ( �) calendar day notice of the intention to subcon ract. 22.2 The su contra ting o work done by the employees covered by this AGRE NT sha 1 in a 1 cases by made only to employees who qualify in accordance with 0 dinance No. 14013. - 27 - ARTICLE XXIII - NON-DISCRIMINATION 23.1 The terms and conditions of this AGREEMENT will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, or because of inembership or nonmembership in the UNION. 23.2 Employees will perform their duties and responsibilities in a nondiscriminatroy manner as such duties and responsibilities involve other employees and the general public. - 28 - � � �,��-�� ARTICLE XXI� - SE RABILI Y 24.1 In the event hat an provisions(s) of this AGREEMENT is declared to be �ontrar to la by proper legislative, administrative, or judici�l auth rity f om whose finding, determination, or decree no app$al is aken, uch provision(s) shall be voided. Al1 other provis�ons sh 11 con inue in full force and effect. 24.2 The pa�ties a ree to upon written notice, enter into negotiations to pla e the oided rovisions of the AGREEMENT in compliance with the le islati e, adm nistrative, or judicial determination. - 29 - ARTICLE XXV - WAIVER 25.1 The EMPLOYER and the UNION acknowledge that during the meeting and negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREEMENT. 25.2 Therefore, the EMPLOYER and the UNION for the duration of this AGREEMENT agree that the other party shall not be obligated to meet and negotiate over any term or conditions of employment whether specifically covered or not specifically covered by this AGREEMENT. The UNION and the EMPLOYER may, however, mutually agree to modify any provision of this AGREEMENT. 25.3 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. - 30 - � � ��i�� ARTICLE XXV� - CI MILE E 26.1 Automo�ile R imburse ent Authorized: Pursuant to Chapter 33 of the Saint aul A inistr tive Code, as amended, pertaining to reimburse ent of Cit offi rs and employees for the use of their own automobiles in the pe�forma e of t eir duties, the following provisions are adopt d. 26.2 Method of Co utatio : To be eligible for such reimbursement, all office s and mploye s must receive written authorization from the Depart�ent He d. Type 1. If a emplo ee is required to use his/her own automobile OCCASI�NALLY uring mployment, the employee shall be reimbursed at the ra e of $ .00 pe day for each day the employee's vehicle is actual y used in per orming the duties of the employee's position. In add tion, he emp oyee shall be reimbursed 15� per mile for each mile a tually driven If sucl� emplo ee is equired to drive an automobile during employme t and the departmen head r designated representative determines that an employ�r vehi le is vailable for the employee's use but the employ e desire to us his/h r own automobile, then the employee shall be r im- bursed at the rate o 15G per mile driven and shall not be eligible for any� per d em. Type 2 If a emplo ee is required to use his/her own automobile REGU�Y dur ng emp oyment, the employee shall be reimbursed at th rate o $3.00 per da for each day of work. In addition, the emplo e shall t�e reim ursed 5� per mile for each mile actually driven. If suc� emplo ee is equired to drive an automobile during employmen and th depar ment h ad or designated representative determines that an emp�oyer v hicle s available for the employee's use but the empl yee desire to us his/h r own automobile, then the employee shall be re - bursed at the rate o 15C per mile driven and shall not be eligible or any pex� diem. 26.3 The Ci�y will provid parking at the Civic Center Parking Ramp for C'ty employees on ither f the above mentioned types of reimbursement pl ns who are requi ed to ave their personal car available for City busin ss. ' Such p rking ill be provided only for the days the employee is requ'red to have� his o her o personal car available. 26.4 Rules a d Re lation : The Mayor shall adopt rules and regulations governi g the proced res for automobile reimbursement, which regulat ons and rul' s sha 1 cont in the requirement that recipients shall file d ily reports indic ting m les driven and shall file monthly affidavits st ting the num er of days w ked and the number of miles driven, and furthe require�that hey ma tain automobile liability insurance in amounts of not les than $100,0 /$300,000 for personal injury, and $25,000 for propert dama e, or ability insurance in amounts not less than $30 ,000 single �imit overage, with the City of Saint Paul named as an addit onal insured. The e rules and regulations, together with the amendment t ereto, shall ble main ained o file with the city clerk. - 31 - ARTICLE XXVII - SEVERANCE PAY 27.1 The employer shall provide a severance pay program as set forth in this Article. 27.2 To be eligible for the severance pay program, an employee must meet the following requirements: 27.21 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 85" or "rule of 90" provisions of the Public Employees Retirement Association (PERA) . The "rule of 85" or "rule of 90" criteria shall also apply to employees covered by a public pension plan other than PERA. 27.22 The employee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 27.23 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, employ- ment in either the City or in the Independent School District No. 625 may be used in meeting this ten (10) year service re- quirement. 27.24 The employee must file a waiver of reemployment with the Director of Personnel, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type) , with the City or with Independent School District No. 625. 27.25 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 27.3 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 onehalf 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. 27.4 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. - 32 - � j �� -/�� ARTICLE XXV'III - S VERANC PAY (cont.) 27.5 �or th purpo of this severance program, a death of an empl yee s�all b consid red as separation of employment, and if the em loyee wbuld ha e met 11 of the requirements set forth above, at the time o� his o her d ath, payment of the severance pay will be made to tl�e empl yee's state or spouse. 27.6 Fc�r the urpose of this severance program, a transfer from the Ci�ty of aint P ul employment to Independent School District No. 625 emlployme t is n t considered a separation of employment, and su h trlansfer e shal not be eligible for the City severance program 27.7 Th�e mann r of p ent of such severance pay shall be made in aciordan with he provisions of City Ordinance No. 11490. 27.8 Th�.s seve ance p y program shall be subject to and governed by he prqvision of Ci y Ordinance No. 11490 except in those cases wh re th� speci ic pro isions of this article conflict with said ordi ance anc� in su h case , the provisions of this article shall control. 27.9 Th�l provi ions o this article shall be effective as of August l, 1984. 27.10 An'� empl yee hi d prior to February 15, 1974 may, in any event and upop meet g the ualifications of this article or City Ordinanc No.I11490, as ame ded by City Ordinance No. 16303, section 1, se tion 6, dra�a sever nce pa . However, an election by the employee to dra sev�rance ay und r either this article or the ordinance shall c nstitute a b�r to r ceivin severance pay from the other. I - 33 - I ARTICLE XXVIII - DURATION AND PLEDGE 28.1 This AGREEMENT shall become effective as of the date of signing, except as specifically provided otherwise in Articles 12 and 13, and shall remain in effect through the 18th day of July, 1989, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 28.2. 28.2 If either party desires to terminate or modify this AGREEMENT, effective as of the date of expiration, the party wishing to modify or terminate the AGREEMENT shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided, that the AGREEMENT may only be so terminated or modified effective as of the expiration date. 28.3 In consideration of the terms and conditions of employment established by this AGREEMENT and the recognition that the GRIEVANCE PROCEDURE herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the AGREEMENT: 28.31 The UNION and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment. - 34 - • - �(�°- �-i�� ARTICLE XXV�II - D RATION AND PLEDGE (continued) 28.32 IThe E LOYER ill not engage in, instigate, or . Icondon any 1 ckout of employees. 28.33 IThis c nstitu es a tentative agreement between the . I � Ipartie which will be recommened by the City Negotiator, Ilbut is subjec to the approval of the Administration of Ilthe Ci y and s also subject to ratification by the i NION. ' . AG�tEED t this Sth day of August, 1986, and attested to as th full and com�lete nderst ding of the parties for the period of time her in specified bylthe s nature of the following representative for the EMPLOY R and the LINIO�T: WITNESSES: � INTERNATIONAL BROTHERHOOD OF BOILE RS, IRON SHIPBUILDERS, BLACKSMITHS, FORGER AND CITY OF AIN� PAUL HELPERS, LODGE 647 . .� � ` =-:�� L Rela ic�ns Bus ess Manag r r �y�� , jLabor Relati9ns - 35 - . El.PPENDIX A The classes of positions recognized by the EMPLOYER as being exclusively represented by the UNION are as follows: Blacksmith Trainee Boilermaker, Blacksmith; and other classes of positions that may be established by the EMPLOYER where duties and responsibilities assigned comes within the jurisdiction of the UNION. - A1 - . ' j ��-/4�'�� APPENDIX B I The basic hpurly ge rat for provisional, regular and probationary emp oyees appointed tb the f llowin classes of positions shall be: Effective Effective ffective July 19, 1986 July 18, 1987 1 16, 1988 Boiler ker . . , . , , . $17.45 $17.93 $18.41 Blacks ith . . . . . . . . . 17.45 $17.93 $18.41 Blacks�ith Tr inee 0 - I6 mont s . . . . . . . . . . 607 of Boilermaker rate 7 2 mont s . . . . . . . . . . 65� of Boilermaker rate 13 - �4 mont s . . . . . . . . . . 707 of Boilermaker rate afterl24 mon hs. . . . . . . . . . 757 of Boilermaker rate The basic h II rly w ge rat for temporary and emergency employees appointe to the followin�g clas es of p sitions shall be: Effective Effective E fective Juiy 19, 1986 Juiy 18, 1987 J 1 16, 1988 Boilerm�ker . . . . . . . . . . . $18.15 $18.65 $19.15 Blacksm�th . . . . . . . . . . . 18.15 18.65 19.15 Blacksm th Tra'nee 0 - month . . . . . . . . . . 60� of Boilermaker rate 7 - 1 month . . . . . . . . . 65� of Boilermaker rate 13 - 2�► month . . . . . . . . . 70� of Boilermaker rate after �4 mont s. . . . . . . . . 757 of Boilermaker rate The basic ho�lrly wa e rate for regular employees appointed to the followin classes of po�sition , who re receiving the Fringe Benefits listed in Arti le 12.2 shall bell• Effective Effective Ef ective July 19, 1986 July 18, 1987 Ju 16, 1988 BlacksmiltIh . . . . . . . . . . . $17.41 * * Blacksmi�th Tra' .ee 0 - 6lmonth . . . . . . . . . . 60� of General Blacksmith 7 - 12lmonth . . . . . . . . . . 657 of General Blacksmith 13 - 24I�months . . . . . . . . . . 707 of General Blacksmith after 2i mont . . . . . . . . . . 759 of General Blacksmith *The July 18, I1987 a d the uly 16, 1988 hourly wage rates in this contrac will be the rates as �hown b low le s the cost of sick leave usage for 1986 and 19 7 respectively nd les the c st of health and life insurance for the period August, 1986 through �uly, 1 87 and August, 1987 through July, 1988 respectively a d less the cost of vacat�on and pensio for 1987 and 1988 respectively incurred by th employer for employeeslin thi barga ning unit. Juiy 18, 1987 Juiy 16, 1988 BlacksmiL�h $22.15 $22.65 B1 I ` . APPENDIX C Effective July 19, 1986, the EMPLOYER shall: (1) contribute $2.25 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT to a Health and Welfare Fund. (2) contribute $1.15 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT, to a Pension Fund. (3) contribute $ .10 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT to a Journeyman and Apprenticeship Training Fund. (4) Deduct $1.00 per hour for all hours worked by parti- cipating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT. Monies deducted shall be forwarded to the Union's Vacation Fund. All contributions made in accordance with this Appendix shall be forwarded to depositories as directed by the UNION. The EMPLOYER shall establish Workman's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, shall not be eligible for, governed by, or accumulate vacation, sick leave, holiday, funeral leave, �ury duty, or insurance fringe benefits that ar.e or may be established by Civil Service Rules, Council Ordinance, or Council Resolutions. 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. - C1 - �-- � � �� .,..._. � . � ��/�� . �! , CI Y OF SAINT PgUL .:e�� . 3 i . :iin c��.� ` O CE OF THT CITY CO�TCIL i �u . • ._ • I • Cammittee �eport _ � Fi�' ce l�an eme�t � Persannel Com�nittee. OGTOBER 16, 1986 , 1. Approval of �inutes from m eting held October 9, 1986. there will be no inutes � 2. Introductionlof Per onr.el ffice Supervisory Staff. --- � 3. Financial re�ort fr m Park and Recreation on Riverfest 1986. discuss d ' 4. An ordinancelestabl shing he title of Administrative Secretary to the � Superintende�t for ndepen ent School District No. 625 in the Unclassifie Service. �a rov d 5. Resolution e�tablis ing th rate of pay for Administrative Secretary to t � Superintenden;t in I depend nt School District No. 625 in Grade 37 Clerica . Group of the1Salary Plan a d Rates of .Compensation Re�olution. approved . . 6. . Resolution esltablis ing ra e of pay for Deputy Director-Neighborhood Deve pment • __ _� in Grade_31, ISectio I D.4 �rofessional Employees-Siiger�risc>ry Group of t _ �._ � Salary Plan a�nd Rat s of C mpensation Resolution. approved 7. Resolution esltablis ing th rate of pay for the titles of Human Rights Technician an�d Fiel Repre entative II in Grade 38, Section I D 2 of the Salary Plan a�nd Rat s of C pensation Resolution. approved 8. Resolution es�tablis ing th rate of pay for Public Works Bridge Foreman in the Salary Pl�an and Rates f Compensation Resolution. laid over to 10/23 9. Aes�o#�ion ap rovin Lhe 1 6-1989 Mai.nteaance Labor Agreement �ta�c�t the C�,��Ith� �oile kers ton, Local 647. appro�ed 10. Resolution ap�rovin the M orandum of Agreement which amends the 1985-198 Agreement bet�ween t e City nd the Electricians Local 11� pertaining to Apprentice El�ctric'ans. a roved 11. Resolution re�ommend'ng the Charter Comm�ssion amend Chapter 12.02 of the harter so as to incr�ase th membe ship of the Civil Service Commission from thre to five members �4/12/8 ) . wi hdrawn er Scheibel . . . CTTY Fit1LI- I S FLOOR SAINT PAUI,M OTA SSI02 �....