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86-1518 WHITE - C�TV CLERK PINK - FINANCE COIII�CII CANARV - DEPARTMENT � GI Y OF SAINT PALTL � '/�r BLUE - MAVOR I F11C NO. .. _.__._�� C nci Resolution � ; Presente y ' ' . .�. _ � Referred To Committee: Date �� r �s 8 Out of Committe By Date �F.SOLVFD, that th Counc 1 of the City of Saint Paul hereby approves an ratifies the at ached 1986 - 989 Labor A�reement between Independent School Disira_�t No. 525 and U ited B otherhood of Carpenters and Joiners of Ar.ierica Twin City Carpenters D'strict Council. i COUNCILMEN Requested by Department oE: Yeas DfeW Nays N"os'a [n Favor Rettman � Scheibel Sonnen _ AgBinSt B �edeess- Wilson NQV °' - 1986 Form��by Cit tt _ey Adopted by Council: ate � Cert�f�ed Pas• b unc.i ec BY B}• App by Mavor: D t ' N V � � ��o� Appro ed by Mayor for Submissio to`oun il B B �"+,. Liv��LJ y� .1 L I� ' C-�'�j C` te �-� . . � -f.�i� �� " CI Y OF SAINT PAUL :�:a�� : . <��i tr.nl O C� OF THF CITY COIINCIL Cammittee Report �:i�ance l�ana eme�t � Personnel Committee. OCTOBER 30, 1986 1. Approval of minute from eeting held October 23, 1986. approved 2. Discussion oi City HaIZ/C urthouse renovation. discussed 3. Res��n�_ P�pv' ;�.;. 986-89,,��ament � �ade}�enda�.-'�+e��f sic.t ,,. AIa,. � ` Bra�,he ood o�_,:�entars ��`:�3�ers of Anfei�c�i �� .zy Carpe�� a,. F ��i�d 4. Resolution approvi g the 986-89 Collective Bargaining Agreement between Independent School Distri t No. 625 and the Tri-Council Local 49, Local 1 0 and Local 132. rove ' S. Resolution approvi g •the 986-89 Maintenance Labor Agreement between' Inde endent School District No. 625 a d United Union of Roofers, Waterproofers and A1 ied Workers, Local Uni n No. 6. approved 6. Resolution approvi g the 986-89 Ma.intenance Labor Agreement between Inde endent School District No. 625 a d International Brotherhood of Painers and Alli d Trades Locals 61. a ved 7. Resolution authori ing an agreement with the State Department of Educatio for the continuation o the L nding Library relationship with the city's Div' ion of Libraries. a rov 8. Resolution amendi the 1 86 budget and transferring $6,375 from Continge t Reserve to City C rk - R cords and Elections. approved 9. Resolution amendi the 1 85-86 Capital Improvement Budget and transferr g $550,000 from Wate Pollu ion Abatement Bonds and Lake Overflow Credit t Phalen Creek Inte eptor ewer. approved 10. Resolution reques ing the Charter Commission review and recommend approv 1 of proposed ordinanc amendi g Section 12.04.1 of the City Charter pertaini g to the hearing of gr'evances by the Civil Service Commission. a roved CTTY HALL S VENTH FLOOR SAINT PAUL,MIN FSOTA 55102 �re • ' ' ��`-�i� ° _ 08154 p oN L - i DEPARTNEENT` • ' ,T+im Lombardi ' CONTACT . ! PHONE p � flATE „�� S GN NUhIRER FOR .RQ ING 0 R C1 All Locations for Si nature : � Depa��nient Direct r j 3 Director of Management/ yor Finance and Manag ent S rvices birector � r,, City Clerk , Budget,.Director � City Attorney M�HAT WILL BE ACHiEVED BY TAK NG ACT N ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : THIS RESOLUTION APPRO S THE NEW AG EMENT BETWEEN THE ISD ��625 AND THE TWIN CITY CARPENTEit DI�TRICT CO CIL. THE NEW AGREEMENT INC UDES T CHAN S LISTED ON THE ATTACHED SHEET. THIS AGREEMEN HAS BEEN APPROVED BY E SCH OL BO . � RECC6�/� . ; COST BENEFIT BUDGET Y AND ERSONN � IMPACTS ANTICIPATED: VED OCT 719� NONE - APPLIES ONLY T SCH00 DISTR T _ 0��` 0 � '�►°- Ct7Y ATT�r ��EY � I��}° MA U�`S Oi'�iC� . ��\ FINANCING SOURCE AND UDGET CTIVIT NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of "Tr nsacti n: ; quired if under � _ � �10,000) Fundi qg Source•. _ Activity Number: � . • ATTACHMENTS List and Numbe All At achments : 1 - RESOLUTION 1 - COPY,FOR CITY CLE - � i � I . � DEPARTMENT REVIEW CITY ATTORNEY REYIEW x Yes No Council Resol tion R uired? � Resolution Required? es o Yes _�(_No Insuran e Req ired? � Insurance Sufficient? es No �/'� Yes x No Insuran e Att ched: �I , � (S E •REVE E SIDE FOR INSTRUCTIONS) Revised 12/84 � - � � , (� - �,�/�'' . ,r.-� ` I � I EPENDENT SCHOOL DISTRICT #625 BOARD OF EDUCATION . ' SAINT PAUL PUBLIC SCHOOLS DATE: Au ust 1 , 1986 TOPIC: A roval of an m lo ent a reement with T�ain Cit Car enters D strict Counci A. PERTINENT F CTS: 1) Priva e sec or negotiations between the construction I indus ry and the Z�in City Carpenters District Council have � been onclud d and the prevailing wage established. 2) Contr ct cha ges are as follows: - rticle XII - Wages: Language change which clarifies he $6, 00 maximum severance pay. - rticle XV - Holidays: New language allowing without ' enefit employees to work on minor holidays at straight ime. - endi C - Wages: Total package increase of SOC per our fo each year. This is based on the prevailing ates s ttlement. - endi E - Retirement: States mandatory retirement t age 0. (This is not a change, but a clarification.) - is ne Agreement is for the period April 26, 1986 j hrough April 30, 1989. I 3) I The D strict has ten employees in this bargaining unit. 4) The d llar i pact of this new Agreement has been calculated by th Payro 1 Department as follows: '� - n the 985-86 budget year: $ 1,858. ' - n the 986-87 budget year: $ 8,686. 5) Reque ted by Phyllis E. Byers, Negotiator. B. REC MMENDA ION: hat the Board of Education of Independent Scho 1 Dis rict N . 625 pprove and adopt the Agreement concerning the terms and condit ons of employment of those employees in this school d'strict for whom in Ci y Carpenters District Council is the exclus e rep esenta ive; d ration of said Agreement is for the period Apr 1 26, 1986 throu h Apri 30, 1989. �� --`.s�� • �, I N D E X I ARTICLE 'I ITLE_ . . PAGE " ' reambl � iii I urpose 1 II ecogni ion 1 III mploye Rights 1 IV nion R'ghts 2 - V cope o the Agreement 2 VI robati nary Periods 3 • VII hiloso hy of Employment and Compensation 3 VIII ours o Work 4 IX ertim 5 X all Ba k 5 XI ork Lo ation 6 XII ages 7 XIII ' ringe enefits 10 XIV electi n of Foreman and General Foreman 10 XV '� etirem nt 10 • XVI I oliday 11 XVII iscipl nary Procedures 13 XVIII bsence from Work 13 XIX eniori y 14 XX urisdi tion 15 XXI eparat on 15 XXII ools 15 XXIII rievan e Procedure 16 XXIV ight o Subcontract 19 XXV on-dis rimination 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 C1-3 �' ppendi D D1 • - ii - P R E A M B L E • This AGREEMENT is entered into between Independent School District No. 625, hereinafter referred to as the EMPLOYER, and the United Brotherhood of Carpenters and Joiners of America, Twin City Carpenters District Council, hereinafter referred to as the UNION. The EMPLOYER and the UNION concur that this AGREEMENT has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. � The EMPLOYER and the UNION both realize that this goal depends not , only on the words in the AGREEMENT but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the EMPLOYER, the UNION, and the individual employees will best serve the needs of the general public. . � - iii - ' �-�.5id' � ARTICLE f - PU OSE � 1. 1 TheIEMPLO R and the UNION agree that the purpose for entering into thi� AGREE ENT is to: . _ _ 1. 11 Achie e orde ly and peaceful relations, thereby establish ng a syste of interrupted operations and the highest lev 1 of ' emplo ee pe formance that is consistent with the safet and well- eing o all concerned; 1.12 Set orth r tes of pay, hours of work, and other conditio s of ! emplo ment s have been agreed upon by the EMPLOYER an the UNION• , 1. 13 Estab ish p cedures to orderly and peacefully resolve di putes I as to the ap lication or interpretation of this AGREEMENT w thout loss f manp wer productivity. 1.2 The EMPLO ER and the UNION agree that this AGREEMENT serves as a sup�ilement to le islation that creates and directs the EMPLOYE . If any part f this AGREEMENT is in conflict with such legislatio , the latter sh 11 pr vail. The parties, on written notice, agr e to negotiate that p t in conflict so that it conforms to the stat te as pro�vided Artic e 25 (SEVERABILITY). � ARTICLE II - COGNITI N 2.1 Thej EMPLO ER rec gnizes the UNION as the exclusive representati e for collectiv barga ning purposes for all personnel having an empl yment sta�tus of regula , probationary, provisional, temporary, and eme gency employed n the lasses of positions defined in 2.2 as certif ed by the� Bure u of Mediation Services in accordance with Cas No. 73-PR-478 A date April 16, 1973. 2.2 The class s of p sitions recognized as being exclusively repre ented bylthe UN ON are as listed in Appendix A. ARTICLEI'III - LOYE RIGHTS I 3.1 The� EMPLO ER re ains the right to operate and manage all man ower, faCilitie , and quipment; to establish functions and programs; o set an� amen budge s; to determine the utilization of technolo y; to es ablish and mo ify the organizational structure; to select, d'rect, anc� dete ine t e number of personnel; and to perform any in erent ma�ageria funct on not specifically limited by this AGREEMENT. 3.2 An}� "te or ondition of employment" not established by this . AG EEMENT shall remain with the EMPLOYER to eliminate, mod fy or es�ablish follow ng written notification to the UNION. - 1 - I I ARTICLE IV - UNION RIGHTS 4. 1 The EMPLOYER shall deduct from the wages of employees who authorize • such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies deducted shall be remitted as directed by the UNION. 4.11 The EMPLOYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any other labor organization. 4.12 The UNION shall indemnify and save harmless the II�LOYER from any and all claims or charges made against the EMPLOYER as a result of the implementation of this ARTICLE. ' 4.2 The UNION may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the EMPLOYER in writing of such ' designation. Such employee shall have the rights and responsibilities as designated in Article 22 (GRIEVANCE PROCEDURE) . 4.3 Upon notification to a designated EMPLOYER supervisor, the Business Manager of the UNION or his designated representative shall be permitted to enter the facilities of the EMPLOYER where employees covered by this AGREEMENT are working. ARTICLE V - SCOPE OF THE AGREEMENT • 5. 1 This AGREEMENT establishes the "terms and conditions of employment" defined by M. S. 179.63, Subdivision 18, for all employees exclusively represented by the UNION. This AGREEMENT shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. • - 2 - � �-r.��' ARTICLE VI - P BATION Y PERIODS ! 6.1 All', perso el, or'ginally hired or rehired following separation, in a reg lar e loyme status shall serve a six (6) months' probat onary per od dur ng whi h time the employee's fitness and ability to p rform the clas of ositions' duties and responsibilities shal be - - eva uated. . 6. 1 At a y time during the probationary period an employee m y be I termi ated t the discretion of the EMPLOYER without appe 1 to the p ovisio s of Article 22 (GRIEVANCE PROCEDURE) . . 6. 12 An e ployee terminated during the probationary period shall recei e a wr'tten notice of the reason(s) for such terminat on, a copy f whic shall be sent to the UNION. 6.2 All perso nel pr moted to a higher class of positions shall s rve a six (6) m nths' romotional probationary period during which ti e the employee' fitne s and ability to perform the class of posi ions' duties an respon ibilities shall be evaluated. 6.2!1 At y tim during the promotional probationary peri d an empl ee ma be demoted to the employee's previously-held class , of p sitions at the discretion of the EMPLOYER without app al to I the ovisio s of Article 22 (GRIEVANCE PROCEDURE) . 6.2 An e ployee demoted during the promotional probationary eriod • shal be r turned to the employee's previously-held cla s of I posi ions a d shall receive a written notice of the reaso s for ', demo ion, a opy of which shall be sent to the UNION. ARTICLE VII - ILOSOP Y OF EMPLOYMENT AND COMPENSATION 7. 1 The EMPLO ER and the UNION are in full agreement that the phil sophy of employ ent a d compensation shall be a "cash" hourly wag and "industry' fringe benefit system. 7.2 The EMPLO ER sha 1 compensate employees for all hours worked t the basic hou ly wag rate and hourly fringe benefit rate as fo d in , Art,icles 2 (WAG S) and 13 (FRINGE BENEFITS) . 7.3 No �Other ompens ion or fringe benefit shall be accumulated or arned . by Izn emp oyee e cept as specifically provided for in this AGRE MENT; exc' pt t ose e ployees who have individually optioned o be "gr ndfat ered" s provided by 12.2. • - 3 - ARTICLE VIII - HOURS OF WORK 8.1 The normal work day shall be eight (8) consecutive hours per day, � exeluding 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 sub3ect to call-back by the EMPLOYER as provided by Article 10 (CALL BACK) . 8.7 Employees reporting for work at the established starting time and for . whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. • - 4 - ,��--r�i� ARTICLE IX - 0 RTIME • 9. 1 All overt me co pensated for by the EMPLOYER must receive prior � aut orizat'on fro a designated EMPLOYER supervisor. No overtim work cla m wil be onored for payment or credit unless �approv d in adv nce. ove ime claim will not be honored, even though sh wn on - - the time rd, un ess the required advance approval has been obt ined. 9.2 The, overt e rate of one and one-half (1�) the basic hourly rate shall be �aid f r work erformed under the following circumstances: 9.21 Time worked in excess of eight (8) hours in any one norma work � day, nd 9.22 Time worked in excess of forty (40) hours in any seven ( ) day ' peri . 9.3 For the p rposes of calculating overtime compensation, overtime hours worked sh 1 not e "pyramided", compounded or paid twice for th same hours wor d. 9.4 Ove�time ours w rked as provided by this ARTICLE shall be pa d in cas�► or n com ensatory time. The method of payment sha 1 be det' rmine solely by the EMPLOYER. • ARTICLE - C BACK 10. 1 The, EMPLO ER re ains the right to call back employees befo e an emp�oyee as sta ted a normal work day or normal work week and after an employ e has c mpleted a normal work day or normal work week. 10.2 Employees called back shall receive a minimum of four (4) hour ' pay at the ba ic hour y rate. 10.3 The hour worke based on a call-back shall be compensat d in accordanc with rticle 9 (OVERTIME) , when applicable, and subj ct to the minim estab ished by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their ormal • wor�C day hall c mplete the normal work day and be compensate only for the o rtime ours worked in accordance with Article 9 (OVER IME). I II • - 5 - ARTICLE XI - WORK LOCATION 11.1 Employees shall report to work location as assigned by a designated • EMPLOYER supervisor. During the normal work day, employees may be assigned to other work locations at the discretion of the 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. � • - 6 - C.� �` - �� ARTICLE �CII - GES • 12. 1 The basic ourly age rates as established by Appendix C shall b paid for all ho rs wor ed by an employee. 12.2 Emp�oyees who ar covered by the fringe benefits listed below shall - - con inue t be co ered by suck� benefits. They shall be subject o all other pro isions of the AGREEMENT, but shall not have hourly ringe benefit c ntribu ions and/or deductions made on their beha f as provided f r by A ticle 13 (FRINGE BENEFITS) . 12.�1 Ins rance enefits as established by City of Saint Paul Res lution including life, hospital, and health insuranc for ' ear y reti ees who have retired since May 15, 1978. In o der to e elig ble for the health benefits under the early re iree pro ision, the employee must: 12. 1. 1 B receiving benefits from a public employee !I r tirement act at the time of retirement. I 12.21.2 H ve severed his relationship with the City of S int P ul and/or Independent School District No. 625 nder o e of the early retiree plans. 12. 1.3 I form the Personnel Office of the City of Saint Paul i writing within 60 days of employee's early r tirement date that he or she wishes to be elig ble • f r early retiree insurance benefits. 12.22 Si leave as established by Resolution No. 3250, Section 20. 12.,23 Va tion a established by the Saint Paul Salary Plan and Rates of ompens tion, Section I, Subdivision H. 12.24 Te (10) 1 gal holidays as established by the Saint Paul alary P1 and R tes of Compensation, Section I, Subdivision I. 12.25 Se rance enefits as established by the School District' ' Se rance ay Plan with a maximum payment of $4,000. or a es blishe by Section 12.26 of this Article. 12.�6 Se erance a : Provisions effective Ma 1, 1984. The Em loyer � sh 11 prov de a severance pay program as set forth in thi Se tion: ', 12.26.1 To be eligible for the severance pay program, an Ie loyee must meet the following requirements: 12.26.11 The employee must be 58 years of age or older or must be eligible for pension unde the "rule of 90" or the "rule of 85" prov sions 'i of the Public Employees Retirement Asso ia- • tion (PERA). The "rule of 90" criteria shall also apply to employees covered by a ublic pension plan other than PERA. - 7 - I Article XII Wages (continued) 12.26. 12 The employee must be voluntarily separated � from School District employment or h�ve been subject to separation by layoff or compulsory - - retirement. Those employees who are dis- charged for cause, misconduct, inefficiency, incompetency or any other disciplinary reason are not eligible for this severance pay program. 12.26.13 The employee must have at least ten (10) years of consecutive service under the � classified or unclassified Civil Service at the time of separation. For the purpose of this Article, employment in either the City " of Saint Paul or in Independent School District No. 625 may be used in meeting this ten- (10) year service requirement. 12.26.14 The employee must file a waiver of re- employment with the Director of Personnel, which will clearly indicate that by request- ing severance pay, the employee waives all claims to reinstatement or re-employment (of any type) with the City of Saint Paul or with Independent School District No. 625. • 12.26.15 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 12.26.2 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum total payment of $6,500. 12.26.3 For the purpose of this severance pay program, a death of an employee shall be considered as separation of - employment and, if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to � the employee's estate or spouse. 12.26.4 For the purpose of this severance pay program, a trans- fer from Independent School District No. 625 employment to City of Saint Paul employment is not considered a separation of employment, and such transferee shall not be eligible for this severance program. • - 8 - i � ��' Article XII - W ges (c ntinued) I 12. 6.5 Th manner of payment of such severance pay shall e ` ma e in accordance with the provisions of the S hool Di trict Severance Pay Plan already in existence. I 12. 6.6 Th s severance pay program shall be sub�ect to and gov= � � - _ _ er ed by the provisions of the original School Dis rict Se erance Pay Plan (which allows $4,000 maximum pa ment) ex ept in those cases where the specific provision of th s section conflict with said Severance Pay Plan and in such cases, the provisions of this section shal co trol. 12. 6.7 An employee hired prior to February 15, 1974 may, in an event, and upon meeting the qualifications of this _ se tion or the original School District Basic Sev rance Pa Plan (which allows $4,000 maximum payment) , d w I se erance pay. However, an election by the emplo e to dr w severance pay under either this section or t e ba ic School District Severance Pay Plan shall co stitute a bar to receiving severance pay from e I ot er. 12. 6.8 An employee of Independent School District No. 62 sh 11 not be eligible for the severance pay provi ion of this section if such employee is also eligible and a re ipient of Early Retirement Incentive payment u der • th Memorandum of Agreement with the exclusive re re- se tative dated October 18, 1983. 12.3 Reg�lar e loyees not covered by the fringe benefits listed in A ticle 12.2 shal be onsidered, for the purposes of this AGRE ENT, participat ng em loyees and shall be compensated in accordance with Art�Lcle 1 .1 (W ES) and have fringe benefit contributions nd/or ded�ictions made their behalf as provided for by Article 13 ( RINGE BENEFITS). 12.4 Pro�vision 1, tem orary, and emergency employees shall be consi ered, for the p rposes of this AGREEMENT, participating employees and shall be compen ted in accordance with Article 12. 1 (WAGES) and have ringe benefit c ntribu ions and/or deductions made in their beha f as pro{vided or by ticle 13 (FRINGE BENEFITS). I 12.5 All regul r emp oyees employed after February 15, 1974, sha 1 be considere , for e purpose of this AGREEMENT, participating emp oyees and shall be com ensated in accordance with Article 12.1 (WAGE ) and have frin e ben fit contributions and/or deductions made on their behalf as provid for by Article 13 (FRINGE BENEFITS) . • � - 9 - I ARTICLE XIII - FRINGE BENEFITS 13.1 The EMPLOYER shall make contributions on behalf of and/or make � deductions from the wages of employees covered by this AGREEMENT in accordance with Appendix D for all hours worked. ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN 14.1 The selection of personnel for the class of position Carpenter Foreman shall remain solely with the EMPLOYER. 14.2 The class of position Carpenter Foreman shall be filled by employees of the bargaining unit on a "temporary assignment". 14.3 Al1 "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 Al1 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. • - 10 - -��i� ARTICLE XVI - H LIDAYS � 16.1 The follow ng ten (10) days shall be designated as holidays: New Y ar's. D y, January 1 � Marti Luthe King Day Third Monday in January (effective 1986) Presi ents' ay, � Third Monday in February Memor al Day Last Monday in May Indep ndence Day, July 4 Labor Day, First Monday in September Colum us Day Second Monday in October Veter ns' Da , November 11 � Thank giving Day, Fourth Thursday in November Chris mas Da , December 25. 16.2 When New ear's ay, Independence Day or Christmas Day falls on a Sunday, t e fol owing Monday shall be considered the desi nated hol day. en a y of these three (3) holidays falls on a Sat rday, the�preced ng Fri ay shall be considered the designated holiday. 16.3 The ten (1 ) holi ays shall be considered non-work days. 16.4 If, in t judg ent of the EMPLOYER, personnel are necessar for operating r emer ency reasons, employees may be scheduled or " alled bac�" in a cordan e with Article 10 (CALL BACK). . 16.5 Participat ng emp oyees as defined in Articles 12.3, 12.4, and 12.5 assigned t work n Martin Luther King Day, Presidents' Day, Co umbus Day or Vet rans' ay shall be compensated on a straight-time bas s for such hours worked 16.6 Par�icipat'ng emp oyees assigned to work on New Year's Day, Me orial Day Inde endence Day, Labor Day, Thanksgiving Day or Christma Day sha�l be ompens ted at the rate of two (2) times the basic ourly rate for s ch hou s worked. 16.7 - If an ployee other than a participating employee entitled to a hol$day i requi ed to work on Ma.rtin Luther King Day (eff ctive 198 ) , Pr sident ' Day, Columbus Day or Veterans' Day, he sha 1 be gra�ited an ther d y off with pay in lieu thereof as soon thereaf er as the conve ience f the department permits, or he shall be paid on a - straight-t me bas's for such hours worked, in addition to his r gular holiday pa . - If an e ployee other than a participating employee entitled to a hol day i requ red to work on New Year's Day, Memorial Day, Ind penden e Day, Labor Day, Thanksgiving Day or Christmas Da , he sha11 be recomp sed for work done on this day by being g anted compensato y time on a time-and-one-half basis or by being paid on a time-and-o e-half basis for such hours worked, in addition t his reg lar ho iday p y. • Eli ibilit for oliday pay shall be determined in accordance with Sec ion I Subse tion I of the Saint Paul Salary Plan and Rat s of Compensati n. - 11 - I 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 shall be designated as the holiday. This designated holiday shall be- a day on which school is not in session and shall be determined by agreement between the employee and his supervisor. • • - 12 - ' � -��' � ARTICLE XVII - ISCIPL NARY PROCEDURES � 17.1 TheiEMPLO R sha 1 have the right to impose disciplinary actio s on emp}oyees or �us cause. 17.2 Dis�iplina y acti ns by the EMPLOYER shall include only the fol owing - - act�ons: � 17.�1 ral re rimand; 17.�2 ritten reprimand; 17.23 uspens on; 17.�L4 emotio ; 17.�5 ischar e. 17.3 Emp�loyees who a suspended, demoted or discharged shall hav the right to equest that such actions be reviewed by the Civil S rvice Com�issio or a designated Board of Review. The Civil S rvice Commissio or a designated Board of Review shall be the sol and excllusive means f reviewing a suspension, demotion or discharg . No app�eal of a susp nsion, demotion or discharge shall be consid red a "grievanc " for he purpose of processing through the provisi ns of Artiicle 2 (GRIE CE PROCEDURE). ARTICLEIXVIII ABSEN ES FROM WORK s 18.1 Employees who ar unable to report for their normal work day ha e the re�ponsib lity t notify their supervisor of such absence as s on as possible, but in no event later than the beginning of each work ay. 18.2 Failure t make such notification may be grounds for discipl ne as prqvided n Arti le 17 (DISCIPLINARY PROCEDURES). 18.3 Failure o rep rt for work without notification for thre (3) co�isecuti e no al work days may be considered a "quit" y the ' EMPLOYER n the art of the employee. - i i � i • � � - 13 - i i 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 injury; is granted to allow an employee to accept an appointment to the unclassified service of the EMPLOYER or to an elected or appointed full-time position with the UNION. 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". � 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. • - 14 - i � _��s�� ARTICLE XX - J ISDICT ON I � 20. 1 Disputes oncern ng work �urisdiction between and among unio s is rec¢gnized as an ppropriate ,sub�ect for determination by the. v rious unibns rep esenti g employees of the EMPLOYER. 20.2 The II�PLOY R agre s to be guided in the assignment of work juris dic�ion by any mu ual agreements between the unions involved. 20.3 In the ev t of dispute concerning the performance of assigmm �t of work, the unions involved and the EMPLOYER shall meet as so n as mut ally ossible to resolve the dispute. Nothing in the for going sha�l res rict t e right of the EMPLOYER to accomplish the wo k as originally assign d pending resolution of the dispute or to re trict the EMPLOY R'S ba ic right to assign work. 20.4 Anyllemploy e refu ing to perform work assigned by the EMPLOYER d as clarified by Se tions 20.2 and 20.3 above shall be subje t to disciplina y ac ion as provided in Article 17 (DISCIP INARY PRO�EDURES . 20.5 There shal be n work stoppage, slow down or any disruption of work resulting rom a ork assignment. • ARTICLE XXI - S PARATI N I 21. 1 Employees aving probationary or regular employment status sha 1 be con�idered separa ed from employment based on the following actio s: 21.11 Res natio . Employees resigning from employment shall gi e written notice fourteen (14) calendar days p ior to the effective date of the resignation. 21.12 Dis har e. As provided in Article 17. 21. 13 Fai ure to Re ort for Dut . As provided in Article 18. � 21.2 Empl�'oyees aving an emergency, temporary or provisional emplo ent status may be te inated at the discretion of the II�IPLOYER befor the comp,letion of a n rmal work day. I ARTICLE XXII - OOLS • 22.1 All employ es sha 1 personally provide themselves with the too s of the trade s list d in Appendix B. - 15 - I 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. • - 16 - ! � �� Article XXI I - Gr evance Procedure (continued) � IStep 3 Wit in seven (7) calendar days following receipt of a gri vance referred from Step 2, a designated EMPLOYER I sup rvisor shall meet with the UNION Business Manag r or his des gnated representative and attempt to res lve the - gri vance. Within .seven (7) calendar days follo ing this I mee ing, the EMPLOYER shall reply in writing to he UNION sta ing the EMPLOYER'S answer concerning the grieva ce. If, as result of the written response, the grievanc remains I unr solved, the UNION may refer the grievance to Step 4. Any grievance not referred in writing by the UNION o Step 4 . wit in seven (7) calendar days following receip of the � EMP OYER'S answer shall be considered waived. St, ep 4 If he grievance remains unresolved, the UNION may ithin � sev n (7) calendar days after the response of the EMPLOYER in tep 3, by written notice to the EMPLOYER, request � arb tration of the grievance. The arbitration pr ceedings sha 1 be conducted by an arbitrator to be selected y mutual agr ement of the ENIPLOYER and the UNION within even (7) cal ndar days after notice has been given. If th parties I fai to mutually agree upon an arbitrator within the said sev n- (7) day period, either party may request t e Public i Emp oyment Relations Board to submit a panel of five (5) arb trators. Both the EMPLOYER and the UNION shall have the rig t to strike two (2) names from the panel. he UNION • I sha 1 strike the first (lst) name; the EMPLOYER s all then str ke one (1) name. The process will be repeate and the re ining person shall be the arbitrator. 23.5 The ar itrato shall have no right to amend, modify, nullify ignore, add t or s btract from the provisions of this AGREEME T. The �rbitr tor sh 11 consider and decide only the specific issue ubmitted in wri ing by the EMPLOYER and the UNION and shall have no uthority to ma e a d cision on any other issue not so submitt d. The �arbitr tor sh 11 be without power to make decisions contra y to or incons stent ith or modifying or varying in any way the ap lication of law , rules or regulations having the force and effect of aw. The larbitr tor's cision shall be submitted in writing within th rty (30) aays f llowin close of the hearing or the submission of brie s by the . �artie , whic ver be later, unless the parties agree to an e tension. �he de ision hall be based solely on the arbitrator's inter retation or app ication of the express terms of this AGREEMENT and to he facts . of the grieva ce presented. The decision of the arbitrator shall be �inal d bind ng on the EMPLOYER, the UNION, and the employe s. I I • j - 17 - I I 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. • � - 18 - ' �-�� ARTICLE IXXIV - IGHT 0 SUBCONTRACT � 24.1 The �LOY R may, at any time during the duration of this AGRE ENT, contract o t work done by the employees covered by this AGREEMEN . In � _ _ thelevent that s ch contracting would result in a reduction o the work forc cover d by this �AGREEMENT, the EMPLOYER shall giv the UNIQN a inety (90) calendar day notice of the intentio to sub�ontrac . 24.2 Thelsubco tracti of work done by the employees covered by this AGREEMENT hall i all cases be made only to employers who quali y in � accqrdance with 0 dinance No. 14013. � i ARTICLE �XV - N N-DISC IMINATION 25.1 Thel terms and c nditions of this AGREEMENT will be applie to employees qually without regard to or discrimination for or aga nst, any-Iindivi ual be ause of race, color, creed, sex, age or becau e of memU'ership or non membership in the UNION. 25.2 Empl�oyees will erform their duties and responsibilities n a • non�discri inator manner as such duties and responsibilities in olve other empl yees a d the general public. ARTICLE X�VI - EVERAB ITY 26.1 In the eve t that ny provision(s) of this AGREEMENT is declared o be cont ary t law y proper legislative, administrative or jud cial auth�rity rom wh se finding, determination or decree no appe 1 is taken, suc provi ion(s) shall be voided. All other provisions hall cont�.nue i full f rce and effect. 26.2 The artie agree to, upon written notice, enter into negotiatio s to • plac� the oided rovisions of the AGREEMENT in compliance wit the legislative, admin'strative or judicial determination. I I I I � i - 19 - I ARTICLE XXVII - WAIVER 27.1 The EMPLOYER and the UNION acknowledge that during the meeting and � negotiating which resulted in thfs AGREEMENT, each had the ri,ght 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. 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 IIKPLOYER 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 Committee utilizing the following plan: PLAN "A", effective with the adoption of this Agreement, is reimbursed at the rate of 23� 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 a holiday. - 20 - � _ � -l�5�� ARTICLE 7�XIX - URATIO AND PLEDGE • 29.1 This' AGRE NT s all become effective as of the date of sig ing, except as pecifi ally provided otherwise in Articles 12 and 13 and � � shalll rema n in ffect �through �the 30th day of April, 1989�, and cont'inue i effe t from year to year thereafter unless noti e to - - change or o term ate is given in the manner provided in 29.2. I 29.2 If �either party desires to terminate or modify this AGRE ENT effective s of t e date of expiration, the party wishing to modi y or terminate he AGR EMENT shall give written notice to the other p rty, not I ore t an nin ty (90) or less than sixty (60) calendar days rior to the exp ration date, provided that the AGREII�ENT may only e so � terml�inated or mod fied effective as of the expiration date. _ 29.3 In conside ation the terms and conditions of employment establ shed by �his A EMENT and the recognition that the GRIEVANCE PROC DURE herein est blishe is the means by which grievances concernin its appl,icatio or in erpretation may be peacefully resolved, the pa ties here�y ple ge that during the term of the AGREEMENT: 29.3I1 The ION d the employees will not engage in, instigate r con ne any concerted action in which employees fail to re ort for duty, llfully absent themselves from work, stop work slo down t eir work or absent themselves in whole or part from � the full, f ithful performance of their duties of employme t. • 29.3¢ The LOYE will not engage in, instigate or condone any I loc ut of mployees. 29.3� Thi consti utes a tentative AGREEMENT between the parties whi will e recommended by the School Board Negotiator, ut is b�ect o the approval of the Board of Education and i als subjec to ratification by the UNION. AGREED to his � t day of �t.o 1, 1986, and attested to a the full andjcompl te und rstanding of e parties for the period of time herein specifie by th signature of t e following representatives fo the II�iPLOYER and the UNION: WITNESSESt INDEPENDE�T SCH L DIST ICT N0. 625 TWIN CITY CARPENTERS' DISTRICT COUNCIL OF UNITED BROTHERHOOD OF I CARPENTERS AND JOINERS OF AME ICA � � �� _ L � , �°� r�t..4.� ' Schoo Bo�rd Neg tiato Bu nager • . Ch rman, Board f Educ tion i - 21 - i ' �-�s�� APPENDIXI A • Thel clas es of positions recognized by the IIKPLOYER as being exclusiv�ly re resente by the UNION are as follows: I Carpe ter ' � � I Carpe ter-Fo eman ; Appre tice i Build ng Ins ector i Senio Build ng Inspector . and othejr clas es of positions that may be established by the EM LOYER where the dutie and r sponsibilities assigned come within the jurisd'ction of the U111ION. i i II • I �I I � I I i I • I i - A1 - i I I; _ �,i�� APPENDIXiC • The' basic hourly wage rate for provisional, regular, and p obationary employee$ appoi ted to the following classes of positions and not rec iving the Fringe B�nefits listed in Article 12.2 shall be: Effective Effective Effe tive April 26, 1986 April 25, 1987 Ma 7, 1988 Carpenter. . . . . . . $16.69* $17.17* $17.65* Carpenter Forem n. . . . 17.80* 18.28* 18.76* BuildinglInspec or I ls Step 16.69* 17.17* 17 65* . � 2n Step 17.80* 18.28* 18 76* i 3r Step 18.36* **** * ** Senior Bu�ilding Inspec or. 19.52* **** * ** The libasic ourly age rate for temporary and emergency employees appointed to the followin classe of positions shall be: Effective Effective Effe tive April 26, 1986 April 25, 1987 Ma 7 1988 Carpenter�. . . . . . . $17.36* $17.86* $1 .36* Carpenter Forem . . . . 18.51* 19.01* 1 .51* • Building Inspect r lst Step 17.36* 17.86* 1 .36* I 2nd Step 18.51* 19.01* 1 .51* � 3rd Step 19.09* *** ** Senior Bu�.lding nspect r. 20.30* *** ** The basic h urly w ge rate for regular employees appointed to the following classes o€ posi ions w o are receiving the fringe benefits listed i Article 12.2 shal� be: i � Effective Effective Effec ive April 26, 1986 April 25, 1987 Ma 7, 1988 Carpenter.l . . . . . . $15.71 ** * � CarpenteriForema . . . . 16.64 ** * Building �nspect r ' lst Step 15.71 ** * ' 2nd Step 16.64 ** * ! 3rd Step 18.03 ** * • Senior Buiilding nspect . 19. 17 ** * - C1 - Appendix C (continued) � * This rate includes the taxable vacation contribution of $1.00. ** The April 25, 1987 and the May 7, 1988 hourly wage rates in this . contract will be the rates as shown below less the cost of sick leave usage for 1986 and 1987 respectively and less the cost of health and life insurance for the periods May, 1986 through April, 1987 and May, � 1987 through April, 1988 respectively and less the cost of vacation and pension for 1987 and 1988 respectively incurred by the employer for employees in this bargaining unit: April 25, 1987 May 7, 1988 Carpenter $20.98 $21.48 Carpenter Foreman 22. 13 22.63 Building Inspector lst Step 20.98 21.48 2nd Step 22. 13 22.63 • Building Inspector 3rd Step Average of the total package rates for the respective year used by the City for Carpenter Foreman, Electrician Foreman, Sheet Metal Worker Foreman, Plumber Foreman, and Plasterer Foreman. Senior Building Inspector Average of the total package rates for the respective year used by the City for Senior Plumbing Inspector, Senior Electrical Inspector, Senior Mechanical Inspector- Sheet Metal, and Senior Building Inspector. . • - C2 - I ��5"i� � Appendix! C (con inued) � *** ThelApril 5, 198 and May 7, 1988 hourly wage rates for tempora y and eme�`gency mploye s shall be as shown below: Bui�ding I specto - 3rd S ep - Average of the temporary base rates i used by the City for Carpenter Foreman, I Electrician Foreman, Sheet Metal Worker Foreman, � Plumber Foreman, and . Plasterer Foreman. Senior Bui ding I spector Average of the temporary rates for he ' I respective year used by the City fo Senior Plumbing Inspector, i Senior Electrical Inspector, Senior Mechanical Inspector- i Sheet Metal, Senior Mechanical Inspector- � Pipefitters, and Senior Building Inspector. **** The April 5, 198 and May 7, 1988 hourly wage rates for provisi nal, regullar, a d prob tionary employees not receiving the fringe ben fits • listed in 2.2 sha 1 be the temporary rates divided by 1.04. All Building In pector shall be paid the appropriate step in accor ance with Sect�ion I one) , ubsection J of the Saint Paul Salary Plan and ates of Compensation. If the U�nion lects to have the contributions listed in Append x D increased or de reased, the Employer may ad�ust the above applicable ates for part�cipati g emp yees in such a way that the total cost of the package (�age ra e plus contribution) remains constant. i , I i i • i I - C3 - i i i . G=- �-�,�� APPENDIXiD � Effective y 1, 986, the EMPLOYER shall: � (1) ontrib te $1.10 �per hour for all hours worke by artici ating employees as defined in Articles 12.3, 12.4, nd 12. covered by' this AGREEMENT, to a UNION-designated ealth nd Welfare Fund. i (2) ontrib te $1.75 per hour for all hours worke by artici ating employees as defined in Articles 12.3, 12.4, i nd 12. covered by this AGREEMENT to a Pension Fund. (3) ontrib te $1.00 per hour from which payroll deductio has een ma e for all hours worked by participating employe s as � efined in Articles 12.3, 12.4, and 12.5 covered by this I GREEME T, to a Vacation Fund. (4) ontrib te $ .20 per hour for all hours worke by artici ating employees as defined in Articles 12.3, 12.4, I nd 12. covered by this AGREEMENT, to a UNION-design ted ental und. (5) ontrib te $ .07 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 an A rentic shi � rainin Fund. All cont�ibutio s made in accordance with this Appendix shall be forw rded to depositories as dir cted by the UNION. The II�IPI�OYER hall stablish Workers' Compensation and Unemplo ent Compensa�'ion pr grams s required by Minnesota statutes. Participating e ployee as defined in Articles 12.3, 12.4, and 12.5 co ered by this AGREEM NT, sh 11 not be eligible for, governed by or accum late vacation, sick eave, oliday, funeral leave, �ury duty or insurance f inge benefits that re or may be established by Personnel Rules, Co ncil Ordinance or Co ncil R solutions. The EMPL�YER'S fringe benefit obligation to participating employe s as � defined n Arti les 12.3, 12.4, and 12.5 is limited to the contribu ions and/or deducti s est blished by this AGREEMENT. The actual leve of benefits provid d to e ployees shall be the responsibility of the Tru tees ' of the v�arious funds to which the II�IPLOYER has forwarded contribu ions and/or delductio s. I • - D1 - I