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86-1521 wHITE - C�TV CLERK � PINK - FINANCE I TY O F SA I NT PA U L Council C CANARV - OEPARTMENT �� FIIC NO. v�_/�� BLUE - MAVOR ounc�l Resolution � Presented By ' . �eferred To Committee: Date ��`—��r 8 Out of Comm ttee By Date RESOLVLD, tha.t the Co ncil of tk�e City of Saint Paul hereby approves nd ratifies the attach d 1986 - 1989 Maintenance Labor Agreement between Inde endent Schaol Di�trijct No. 625 an International Brotherhood of Painters and Alli d Trades Local 61 . I �I COUIVCILMEN Requested by Department of: Yeas Drew Nays � �� N"°S'a In Favor Rettman Scheibe� Sonnen _ Ag81I1St BY -�edexo-� Wilson N V � 1986 Form A rove y Ci Att ney Adopted by Council: Dat � Certified Y• • e Covncil S eta BY By, Appro by 1Aavor. _ ��vu Appr y Mayor for S ' si t�Q ncil Y ,. , :�� V J � BY p��.lvi ' I C�'�� e �►� � • 1� � -r��/ �� ITY OF SAI�TT PAUL ''"�� ; F'�ICE OF TH� CITY COUNCIL :;it �ti:It� ` Cammittee Report F:[�anc a eme�t � Persannel Commi�tee. _ OCTOBER 30, 1986 1. Approval of min te� fr n neeting held October 23, 1986. approved 2. Discussion oi C ty Hal /Courthouse renovation. discussed 3. Resolution appr ving t e 1986-89 Agreement between Independent School District No. 625 and Uni ed Bro herhood of Carpenters and Joiners of America T in City � Carpenters Dist ict Co ncil. approved 4. Resolution appr ving t e 1986-89 Collective Bargaining Agreement betw en Independent Sch ol Dis rict No. 625 and the Tri-Council Local 49, Loc 1 120 and Local 132. a ro ed ' S. Resolution appr ving •t e 1986-89 Maintenance Labor Agreement between' ndependent School District No. 62 and United Union of Roofers, Waterproofers an Allied . .. Workers,_,Local nion N . 96. approved .__ _ - ____ .__ �. . �, t °,t�a3a� �� t � ;,`..�� e�� i.�� T' . ` ;�. 7. Resolution auth rizing an agreement with the State Department of Educ tion for the continuatio of th Lending Library relationship with the city's ivision of Libraries. a r ved 8. Resolution amen ing th 1986 budget and transferring $6,375 from Cont ngent Reserve to City Clerk Records and Elections. approved 9. Resolution amen ing th 1985-86 Capital Improvement Budget and transf rring $550,000 from W ter Po lution Abatement Bonds and Lake Overflow Credi to Phalen Creek In ercept r Sewer. approved 10. Resolution requ sting he Charter Commission review and recommend app oval of proposed ordina ce ame ding Section 12.04.1 of the City Charter perta ning to the hearing of rievan es by the Civil Service Commission. a roved CZIY HALL SEVFr'�1TFi FLOOR SAINT PAUL, L�TNESOTA SSIUZ �...a • er-�e-�sa� o personnel - Labor R lation DEPARTMENT �. _ 0$152 Jim Lombardi CONTACT 292-7301 � PHONE. ctober 1 1986 DATE � �� Q,r SIGN NUt!BER FOR RO ING DER C i All Lafcations for Si nature : _� �Depa�rtment Direc or 3 Director of Managemen %Mayor � � Finance and Mana ement ervice Director � � City Clerk � Budge�:, Di rector ��`�� City Attarney �\ � WHAT WILL BE ACHIEVE $Y T ING A IQN ON THE ATTACHED MATERIALS? (Purpose/ . Rationale) : THIS RESOL�JTION APP OVES T NEW �REEMENT BETWEEN THE ISD ��625 AND THE PAiNTERS NION LOCAL N0, 61 . � - THE NEW AGREEMENT I CLUDES THE C IGES LISTED ON THE ATTACHED SHEET. TH15 AGREE NT � HAS BEEN APPROVED B THE S HOOL B RD. � R�'C�-:.``. �� . COST BENEFIT BUDGET Y AN PERSO EL IMPACTS ANTICIPAfED: NONE - APPLIES ONLY TO SCH OL DIS �ZICT RECEIVED OC? 7 Qt��j j . ; OC�' p � ►�°� CITY �� .�a��Y . i MAYOR'S O��ICE . FINANCING SOURCE AND BUDGE ACTIVIIY NU(�BER CHARGED OR CREDITED: (Mayor's signa- ; ture not re- Total Amount� of"T ansac ion: quired if under ' � $10,000) Fuqding Source: Activity Number: � • ATTACHMENTS List an Numb r All tachments : _ 1 - RESOLUTION � 1 - COPY FOR CITY C ERK j I _ .. . ' . , . DEPARTMENT REVIEW CITY ATTORNEY REVIEW . � x Yes No Counci Resol tion quired? Resolution Required? Yes No . Yes x No Insura ce Re uired? i Insurance Sufficient? Yes No �Qj Yes x No Insura ce At ched: � ( EE •REV SE SIDE FOR INSTRUCTIONS) . Revised 12/84 I � _' � ��`�°�/ ; INDEPENDENT SCHOOL DISTRICT �1625 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS DATE: Au ust 12, 19 6 - TOPIC: A rov 1 of a em lo ent a reement with International Brothe hood o Painters and Allied Trades Local 61 A. PERTINENT FACTS: 1) New Agreem nt is for the three-year period May 1, 1986 thr ugh Ap il 30, 1989. 2) Con ract c anges are as follows: - Artic e IX - Overtime: Addition of language setting out b sis of calculation of overtime rate. - Artic e XII - Wages: Language changes which identify vacat on by fiscal rather than calendar year, and provi e for vacation to be earned for payroll hours, exclu ing overtime. - Artic e XV - Retirement: States mandatory retirement at ag seventy. (This is not a change, but a clari ication.) - Artic e XVI - Holidays: New language allowing withou benef t employees to work on minor holidays at straig t time. - A en ix C - Wages: Total package increase of SOC pe hour or each year. This is based on the prevailing rates settlement. 3) The Distri t has seven employees in this bargaining unit. 4) The dollar impact of this new Agreement has been calculate by he Pay oll Department as follows: - in th 1985-86 budget year: $ 817. - in th 1986-87 budget qear: $ 6,393. 5) Req ested y Phyllis E. Byers, Negotiator. B. RECOMME ATION: That the Board of Education of Independent School istrict No. 625 approve and adopt the Agreement concerni g the terms and conditions of employment of those employee in t is school district for whom International Brotherh od of Painters and Allied Trades Local 61 is the exclusiv repre entative; duration of said Agreement is for th period y 1, 1 86 through April 30, 1989. T I ; �-1.��/ �I • � I N D E X I ARTICLE ITLE PAGE . I reambl - iii i I � Purpos 1 II Recogn ion 1 III i Employ Rights 1 IV Union ights 2 V � Scope f the Agreement 2 VI � Probat onary Periods 3 • VII j Philos hy of Employment and Compensation 3 VIII Hours f Work 4 IX I Overti e 5 ' X Call B ck 5 i XI i Work L cation 5 XII Wages 6 XIII I Fringe Benefits 10 XIV Select on of Foreman and General Foreman 10 XV ! Retire ent 10 XVI � Holida s 11 • XVII i Discip inary Procedures 13 XVIII Absenc s from Work 13 XIX ! Senior ty 14 XX � Jurisd ction 15 XXI i Separa ion 15 XXII Tools 15 XXIII I Grieva ce Procedure 16 XXIV Right f Subcontract 19 XXV � Non-di crimination 19 XXVI I Severa ility 19 XXVII i Waiver 20 , XXVIII Mileag -Independent School District No. 625 20 XXIX � Durati n and Pledge 21 . � Append'x A A1 i Append x B B1 Append x C C1-2 ! Append x D D1 I I • � i i - ii - � i P R E A M B L E • This AGREEMENT is entered into between Independent School District No. 625, hereinafter referred to as the EMPLOYER and the International Brotherhood of Painters and Allied Trades Local 61, 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 - , �-�.��i ARTICLE I - PU OSE i • 1. 1 The� EMPLO ER and the UNION agree that the purpose for enterin into thi� AGRE ENT is to: 1. 1� Achi e ord rly and peaceful relations, thereby establis ing a i syst of ninterrupted operations and the highest lev 1 of empl ee pe formance that is consistent with the safet and j well eing o all concerned; l.112 Set orth r tes of pay, hours of work, and other conditi ns of empl yment s have been agreed upon by the EMPLOYER a d the � UNIO ; 1. 13 Esta lish p ocedures to orderly and peacefully resolve di putes ' ! as t the a plication or interpretation of this AGREEMENT w thout loss of man ower productivity. � 1.2 The EMPLO ER an the UNION agree that this AGREEMENT serves as a supplemen to le islation that creates and directs the EMPLOYE . If anyl part f this AGREEMENT is in conflict with such legislatio , the latter s all pr vail. The parties, on written notice, ag ee to ne�otiate that p rt in conflict so that it conforms to the stat te as provided y Arti le 25 (SEVERABILITY). • ARTICLEIII - R COGNIT ON 2. 1 Th� EMPLO ER rec gnizes the UNION as the exclusive representat e for co�lectiv barga ning purposes for all personnel having an emp oyment status of regula , probationary, provisional, temporary, and em rgency em�loyed in the classes of positions defined in 2.2 as certif'ed by the Bure u of Mediation Services in accordance with Ca e No. 73�PR-479 A date April 17, 1973. 2.2 The clas es of ositions recognized as being exclusively repr sented bylthe UN ON are as listed in Appendix A. - ARTICLE III - PLOYE RIGHTS i • 3. 1 The EMPL YER re ains the right to operate and manage all ma power, fa�ciliti s, and quipment; to establish functions and programs; to set an� amen budg ts; to determine the utilization of technol gy; to es ablis and m dify the organizational structure; to select, irect, an�d dete ine t e number of personnel; and to perform any i herent manageri 1 func ion not specifically limited by this AGREEMENT. 3.2 �y "te or condition of employment" not established b this A REEMEN shall remain with the EMPLOYER to eliminate, mo ify or � e�tablis follo ing written notification to the UNION. i - 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 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 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 - �-�.s�� ARTICLE VI - PROBAT ONARY PERIODS � 6. 1 All per onnel, originally hired or rehired following separati n, in a regular employ ent status shall serve a six (6) months' prob tionary period uring hich time the employee's fitness and ability to perform the cl ss of positions' duties and responsibilities s all be evaluat d. 6. 11 At any ti e during the probationary period an employe may be te inate at the discretion of the EMPLOYER without a peal to th provi ions of Article 22 (GRIEVANCE PROCEDURE) . 6. 12 An employ e terminated during the probationary perio shall re eive a ritten notice of the reason(s) for such termin tion, a co y of w ich shall be sent to the UNION. 6.2 All per onnel romoted to a higher class of positions shall serve a six (6) months promotional probationary period during which ime the � employe 's fit ess and ability to perform the class of po itions' duties nd res onsibilities shall be evaluated. 6.21 At any ime during the promotional probationary pe iod an em loyee y be demoted to the employee's previously-he d class of positi ns at the discretion of the EMPLOYER without a peal to th provi ions of Article 22 (GRIEVANCE PROCEDURE) . 6.22 An employ e demoted during the promotional probationar period • sh 11 be returned to the employee's previously-held lass of po itions and shall receive a written notice of the rea ons for de otion, a copy of which shall be sent to the UNION. ARTICLE VII PHILO OPHY OF EMPLOYMENT AND COMPENSATION 7.1 The EMP OYER a d the UNION are in full agreement that the ph'losophy of empl yment and compensation shall be a "cash" hourly age and "indust y" fri ge benefit system. 7.2 The EMP OYER s all compensate employees for all hours worke at the . basic h urly ge rate and hourly fringe benefit rate as ound in Article 12 (W ES) and 13 (FRINGE BENEFITS). _ 7.3 No othe compe sation or fringe benefit shall be accumulated o earned by an e ployee except as specifically provided for in this AG EEMENT; except those employees who have individually optioned to be "grandi thered' as provided by 12.2. • - 3 - ARTICLE VIII - HOURS OF WORK 8.1 The normal work day shall be eight (8) consecutive hours per day, • excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. . . . . , 8.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER'S judgment to establish second and third shifts or a work week of other than Monday through Friday, the UNION agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This section shall not be construed as, and is not a guarantee of, any - hours of work per normal work day or per normal work week. 8.5 All employees shall be at the location designated by their supervisor, - ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.6 All employees are sub�ect to call-back by the EMPLOYER as provided by Article 10 (CALL BACK). 8.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the • basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. • - 4 - � � � �'a� ARTICLE fX - OV RTIME • 9.1 Time on t e pay 11 in�� excess of the normal hours set forth above sha�ll be overti e work and shall be done only by order of th head of �the de artment. An employee shall be recompensed for work d ne in excess of the n rmal hours by being granted compensatory time on a timle-and- e-half basis or by being paid on a time-and-one-half basis for� such vertim work. The basis on which such overtime sh 11 be paild shal be det rmined solely by the EMPLOYER. 9.2 Thei rate f one d one-half (1�) the hourly rate shall be the overtime ate fo work performed under the following circumstanc s: 9.2i1 Time worked in excess of eight (8) hours in any one normal ork day, and . 9.?�2 Time worked in excess of forty (40) hours in any work week. Thel time nd one half overtime rate shall be based on the total rate, inaluding any p emium pay, being earned during the overtime hours � wor�ked. 9.3 Fo� the rpose of calculating overtime compensation, overtime hours wox�ked sh 11 not be "pyramided", compounded or paid twice for t same ho�rs wor ed. ARTICLE X - C LL BAC � I 10. 1 Th� IIKPL YER r tains the right to call back employees bef re an employee as st ted a normal work day or normal work week an after an� emplo e has ompleted a normal work day or normal work week 10.2 Employee calle back shall receive a minimum of four (4) hou s' pay at! the b sic hou ly rate. 10.3 Th�e hou s work d based on a call-back shall be compensa ed in acFordan e with Article 9 (OVERTIME) , when applicable, and sub ect to the mini um est lished by 10.2 above. 10.4 Em�ployee calle back four (4) hours or less prior to their no al . woirk day shall omplete the normal work day and be compensat d only fa,r the vertim hours worked in accordance with Article 9 (OVE TIME). ARTICL� XI - ORK LO ATION i 11.1 E�ployee shall report to work location as assigned by a de ignated EMPLOYER superv sor. During the normal work day, employees may be a�signed to oth r work locations at the discretion of the EMPL ER. • 11.2 Erhployee assig ed to work locations during the normal work d other tl�an the r orig nal assignment, and who are required to furni h their o�an tran portat on, shall be compensated for mileage. ' - 5 - 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 sub�ect to all other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.21 Insurance benefits as established by City of Saint Paul Resolutions including life and health insurance for early retirees who have retired since May 23, 1973. In order to be eligible for the health benefits under the early retiree provision, the employee must: _ 12.21. 1 Be receiving benefits from a public employee retirement act at the time of retirement. _ 12.21.2 Have severed his relationship with the City of Saint Paul and Independent School District No. 625 under one of the early retiree plans. 12.21.3 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. • 12.22 Sick leave as established by the Civil Service Rules, Section 20. 12.23 Vacation as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H; however, employees in this bargaining unit, covered by this vacation provision, shall be granted vacation at the rates shown below for each full hour on the payroll, excluding overtime. Years of Service Hours of Vacation Less than 15 years .0770 At least 15 years but less than 25 years .0808 After 25 years .0847 ' 12.24 Ten (10) legal holidays as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision I. � 12.25 Severance benefits as established by the School District's Severance Pay Plan with a maximum payment of $4,000. or as established by Section 12.26 of this Article. . - 6 - i Ga,c _�.5�/ Article IXII - ages ( ontinued) � 12.26 Severan e Pa : Provisions effective Se tember 1, 1984. The ploye shall provide a severance pay program as set forth i this Section � I 12 26.1 T be eligib�le for the severance pay progr m, an I e ployee must meet the following requirements: � 1 .26. 11 The employee must be 58 years of age or older or must be eligible for pension und r the i "rule of 90" or the "rule of 85" pro sions of the Public Employees Reti ement I Association (PERA). The "rule of 90" r the "rule of 85" criteria shall also ap ly to i employees covered by a public pensio plan other than PERA. i 1 .26. 12 The employee must be voluntarily se arated , from School District employment or hav been subject to separation by layoff or com ulsory i retirement. Those employees who a e dis- charged for cause, misconduct, ineffi iency, i incompetency or any other disciplinary reason are not eligible for this severan e pay I program. • I 1 .26.13 The employee must have at least t n (10) years of consecutive service unde the j classified or unclassified Civil Servi ce at the time of separation. For the pur ose of this Article, employment in either t e City I of Saint Paul or in Independent School District No. 625 may be used in meeti g this � ten- (10) year service requirement. � 1 .26. 14 The employee must file a waiver f re- employment with the Director of Per onnel, � which will clearly indicate th t by requesting severance pay, the employee waives - � all claims to reinstatement or re-emp oyment (of any type) with the City of Saint aul or � with Independent School District No. 6 5. ! 12.26.15 The employee must have accumulated a inimum of sixty (60) days of sick leave cre its at � the time of his separation from servic . ! 1 .26.2 f an employee requests severance pay and if the ployee meets the eligibility requirements se forth I bove, he or she will be granted severance pa in an ount equal to one-half of the daily rate of ay for • � he position held by the employee on the ate of eparation for each day of accrued sick leave ubject I o a maximum of 200 accrued sick leave days. I - 7 - I Article XII - Wages (continued) 12.26.3 The maximum amount of money that any employee may � obtain through this severance pay program is $6,500. 12.26.4 For the purpose of this severance pay program, a death of an employee shall be considered as separation of employment and, if •the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 12.26.5 For the purpose of this severance pay program, a transfer 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. 12.26.6 The ma.nner of payment of such severance pay shall be � made in accordance with the provisions of the School District Severance Pay Plan already in existence. 12.26.7 This severance pay program shall be subject to and governed by the provisions of the original School District Severance Pay Plan (which allows $4,000 maximum payment) except in those cases where the specific provisions of this section conflict with said Severance Pay Plan and in such cases, the provisions of • this section shall control. 12.26.8 Any employee hired prior to February 15, 1974 may, in any event, and upon meeting the qualifications of this section or the original School District Basic Severance Pay Plan (which allows $4,000 maximum payment) , draw severance pay. However, an election by the employee to draw severance pay under either this section or the basic School District Severance Pay Plan shall constitute a bar to receiving severance pay from the other. 12.26.9 An employee of Independent School District No. 625 shall not be eligible for the severance pay provision of this section if such employee is also eligible and a recipient of Early Retirement Incentive payment under _ the Memorandum of Agreement with the exclusive representative dated October 19, 1983. • - 8 - � �l�� Article XII WAGES (continued) I • 12.3 Regular mploye s not covered by the fringe benefits listed in Article 12.2 s 11 be considered, for the purposes of this AG EEMENT, p�rticip ting ployees and shall be compensated in accordan e with A ticle 12. 1 AGES) and have fringe benefit contributions and/or deductio s made on their behalf as provided for by Article 13 (FRINGE BENEFITS . 12.4 P�ovisio al, t porary, and emergency employees shall be con idered, for the purpos s of this AGREEMENT, participating employees a d shall be compe sated n accordance with Article 12. 1 (WAGES) and hav fringe b nefit contri utions and/or deductions made in their be alf as p�ovided for by Article 13 (FRINGE BENEFITS) . . 12.5 All reg lar e loyees employed after February 15, 1974, s all be c nsider d, for the purpose of this AGREEMENT, participating e ployees a�d sha be c mpensated in accordance with Article 12.1 (WA S) and have fr nge be efit contributions and/or deductions made o their behalf a provi ed for by Article 13 (FRINGE BENEFITS) . I I � I I I �I • I - 9 - ARTICLE XIII - FRINGE BENEFITS 13. 1 The EMPLOYER shall make contributions on behalf of and/or make � deductions from the wages of employees covered by this AGREEMENT in accordance with Appendix D for all. hours. worked. ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN 14. 1 The selection of personnel for the class of position Painter Foreman shall remain solely with the EMPLOYER. 14.2 The class of position Painter Foreman shall be filled by employees of . the bargaining unit on a "temporary assignment". 14.3 All "temporary assignments" shall be made only at the direction of a designated EMPLOYER supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. ARTICLE XV - RETIREMENT • 15. 1 All employees shall retire from employment with the EMPLOYER no later than the last calendar day of the month in which an employee becomes seventy (70) years old. • - 10 - i l-� � i � ARTICLE �VI - OLIDAYS • 16.1 Theifollo ing te (10) days shall be designated as holidays: , New ear's ay, January 1 , Mart n Luth r King Day, Third Monday in January (effective 1986) � Pres dents' Day, Third Monday in February Memo ial Da , - Last Monday in May Inde endenc Day, July 4 � Labo Day, First Monday in September � Colu bus Da , Second Monday in October ' Vete ans' D y, November 11 ' Than sgivin Day, Fourth Thursday in November ' Chri tmas D y, December 25. 16.2 Wh�n New Year`s Day, Independence Day or Christmas Day fall on a Sumday, he fo lowing Monday shall be considered the des gnated ho�iday. When ny of these three (3) holidays falls on a Sa urday, th� prece ing Fr day shall be considered the designated holiday. 16.3 Thg ten (10) hol days shall be considered non-work days. 16.4 If�, in he �ud ment of the EMPLOYER, personnel are necessa y for operatin or em rgency reasons, employees may be scheduled or ' called back" in accord ce with Article 10 (CALL BACK) . 16.5 Pa'rticip ting e ployees as defined in Articles 12.3, 12.4, a d 12.5 as�signed to wor on Martin Luther King Day, Presidents' Day, C lumbus . Da!y or V terans' Day shall be compensated on a straight-time ba is for swch hou s work d. 16.6 S�ch pa ticipat ng employees assigned to work on New Year's Day, Me;morial Day, Independence Day, Labor Day, Thanksgiving ay or Ct}ristma Day s all be compensated at the rate of two (2) ti es the b�sic ho rly ra e for such hours worked. 16.7 - � If an employ e other than a participating employee entitl d to a holiday s req red to work on Martin Luther King Day (effec ive in 1�86) , residen s' Day, Columbus Day or Veterans' Day, he s all be g�anted nother day off with pay in lieu thereof as soon there fter as tl�e con nience of the department permits, or he shall be pa d on a straight time b sis for such hours worked, in addition to his regular hbliday ay. _ -� If an employ e other than a participating employee entitl d to a holiday is re uired to work on New Year's Day, Memori 1 Day, I}�depen nce D y, Labor Day, Thanksgiving Day or Christmas ay, he sk�all b reco pensed for work done on this day by being granted cpmpens tory t e on a time-and-one-half basis or by being p id on a t�ime-an -one-h f basis for such hours worked, in addition to his r�egular holida day. Elligibi ity fo holiday pay shall be determined in accorda ce with • Section I, Sub ection I of the Saint PauZ Salary Plan and ates of G�ompens tion. � - 11 - i Article XVI - Holidays (continued) 16.8 In the case of Board of Education employees, if Martin Luther King i Day, Presidents' Day, Columbus Day or Veterans' Day falls on a day when school is in session, the employee shall work that day at straight time and another day shall be designated as� the holiday. This designated holiday shall be. a day on which school is not in session and shall be determined by agreement between the employee and his supervisor. • • - 12 - I �_�� ARTICLE XVII - DISCIP INARY PROCEDURES i � 17.1 The EMPL YER sh 11 have the right to impose disciplinary acti ns on em�bloyees for �u t cause. 17.2 Di ciplin ry act ons by �the EMPLOYER shall include only the fo lowing� ac�ions: . 17121 Oral r primand; 17.22 Writte reprimand; 17�23 Suspen ion; 17.24 Demoti n; 17.25 Discha ge. , 17.3 Employees who a e suspended, demoted or discharged shall ha e the . ri ht to request that such actions be reviewed by the Civil ervice Co�issio or designated Board of Review. The Civil ervice Commissio or a designated Board of Review shall be the so e and exc�lusive means f reviewing a suspension, demotion or discharg . No appeal of a sus ension, demotion or discharge shall be consid red a "g ievanc " for the purpose of processing through the provisi ns of Ar�icle 2 (GRIE ANCE PROCEDURE). I ARTICLEI,XVIII ABSEN ES FROM WORK • 18. 1 Emp�loyees who ar unable to report for their normal work day ha e the responsib lity t notify their supervisor of such absence as s on as pos�sible, but in no event later than the beginning of such work ay. 18.2 Fa�lure t make such notification may be grounds for discipl ne as pr vided n Arti le 17 (DISCIPLINARY PROCEDURES) . 18.3 Fai�lure o rep rt for work without notification for thre (3) consecuti e no 1 work days may be considered a "quit" b the EMP�LOYER n the art of the employee. I � I I i I • I - 13 - I I ARTICLE XIX - SENIORITY 19.1 Seniority, for the purposes of this AGREEMENT, shall be defined as a 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". • Employees laid off shall have the right to reinstatement in any lower-paid class title, provided employee has greater "Master Seniority" than the employee being replaced. 19.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", subject to the approval of the EMPLOYER. • - 14 - I � �v�l�� ARTICLF XX - URISDI TION � 20.1 Disputes concer ing work �urisdiction between and among un ons is r�cogniz d as a appropriate subject for determination by the arious unions r presen ing employees of the EMPLOYER. . . . 20.2 The II� OYER grees to be guided in the assignment o work jw�risdic ion by any mutual agreements between the unions involv d. 20.3 Ini the e ent of a dispute concerning the performance or assign ent of work, th unio s involved and the EMPLOYER shall meet as oon as multually possib e to resolve the dispute. Nothing in the fo egoing shall re trict he right of the EMPLOYER to accomplish the ork as or�ginal y assi ned pending resolution of the dispute or to r strict th EMPL ER'S b sic right to assign work. 20.4 An� empl ee re sing to perform work assigned by the EMPLOYER and as cl rifie by S ctions 20.2 and 20.3 above shall be subj ct to . di�cipli ry a tion as provided in Article 17 (DISCI LINARY PRQCEDUR S). i 20.5 Th re sh 11 be o work stoppage, slow down or any disruption f work re�ulting from a work assignment. i • ARTICLEiXXI - EPARAT ON 21. 1 Em�loyees having a probationary or regular employment status s 11 be considere separ ted from employment based on the following act ons: 21.11 Re i nati n. Employees resigning from employment shall ive I written notice fourteen (14) calendar days rior to the effective date of the resignation. 21.12 Di char e As provided in Article 17. 21.13 Fa lure t Re ort for Dut . As provided in Article 18. � 21.2 Employees having an emergency, temporary or provisional empl yment sta�tus ma be te inated at the discretion of the EMPLOYER befo e the completio of a ormal work day. I I ARTICLEjXXII - TOOLS , 22.1 All emplo ees sh 11 personally provide themselves with the to ls of • thejtrade as lis d in Appendix B. I - 15 - I 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 II�PLOYER. � 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 - I � �-(��/ Article �XIII Grieva ce Procedure (continued) � Step 3. ithin even (7) calendar days following receipt of a j grieva e referred from Step 2, a designated Em loyer Supervi or shall meet with the Union Business Manager r his j design ed representative and attempt to resolv the grieva e. Within �seven (7) calendar days followin this � eetin , the EMPLOYER shall reply in writing to the UNION statin the EMPLOYER'S answer concerning the grievance If, I as a r sult of the written response, the grievance r mains unreso ed, the UNION may refer the grievance to S ep 4. i Any gr evance not referred in writing by the UNION to tep 4 within seven (7) calendar days following receipt f the EMPLOY R'S answer shall be considered waived. Ste 4. If the grievance remains unresolved, the UNION may wit in seven 7) calendar days after the response of the LOYER in Ste 3, by written notice to the EMPLOYER, r quest � arbitr tion of the grievance. The arbitration proce dings shall e conducted by an arbitrator to be selected by utual � agreem nt of the II�IPLOYER and the UNION within sev n (7) calend r days after notice has been given. If the p rties �' fail t mutually agree upon an arbitrator within th said seven- (7) day period, either party may request the ublic � Emplo ent Relations Board to submit a panel of fi e (5) arbitr tors. Both the EMPLOYER and the UNION shall ha e the ! right o strike two (2) names from the panel. The UNION • shall trike the first (lst) name; the EMPLOYER shal then strike one (1) name. The process will be repeated a d the remain ng person shall be the arbitrator. 23.5 The arbit ator s all have no right to amend, modify, nullify, gnore, ad� to r subt act from the provisions of this AGREEMENT The arbitrato shall consider and decide only the specific issue su itted inlwritin by t EMPLOYER and the UNION and shall have no au hority to make a dec sion on any other issue not so submitted. The arlbitrato shal be without power to make decisions contrary to or inconsist nt wit or modifying or varying in any way the appl'cation ofllaws, ules o regulations having the force and effect of la . The arbitrato 's dec sion shall be submitted in writing within thir y (30) days foll wing c ose of the hearing or the submission of briefs by the parties, hichev r be later, unless the parties agree to an ext nsion. Th� decis on sha 1 be based solely on the arbitrator's interpr tation . or applic tion o the express terms of this AGREEMENT and to th facts ofjthe g ievanc presented. The decision of the arbitrator s all be final and bindin on the EMPLOYER, the UNION, and the employees • I - 17 - I i Article XXIII - Grievance Procedure (continued) 23.6 The fees and expenses for the arbitrator's services and proceedings i 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 cancels an arbitration hearing or asks for a last-minute postponement that leads to the arbitrator's making a charge, the canceling party or the party asking for the postponement shall pay this charge. 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 - �-�.�2� ARTICLE XXIV - RIGHT F SUBCONTRACT �' 24. 1 The EMPL ER ma , at any time during the duration of this AGR EMENT, contract ut wor done by the employees covered by this AGREEME T. In the even that uch contracting would result in a reduction f the work for e cove ed by this AGREEMENT, the EMPLOYER shall gi e the UNION a ninety (90) calendar day notice of the intent on to subcontra t. 24.2 The subc ntract ng of work done by the employees covered b this AGREEMENT shall n all cases be made only to employers who qua ify in accordanc with rdinance No. 14013. ARTICLE XXV - ON-DIS RIMINATION 25. 1 The te and conditions of this AGREEMENT will be appl ed to employees equall without regard to or discrimination for or a ainst, any indi idual ecause of race, color, creed, sex, age or bec use of membershi or no -membership in the UNION. 25.2 Employees will perform their duties and responsibilities in a non-discr minato y manner as such duties and responsibilities nvolve other emp oyees nd the general public. • ARTICLE XXVI SEVE ILITY 26. 1 In the e nt tha any provision(s) of this AGREEMENT is declare to be contrary to la by proper legislative, administrative or j dicial authorit from hose finding, determination or decree no app al is taken, s ch pro ision(s) shall be voided. All other provision shall continue in full force and effect. 26.2 The part es agr e to, upon written notice, enter into negotiat ons to ' place th voide provisions of the AGREEMENT in compliance w th the legislat e, adm nistrative or ,judicial determination. . - 19 - ARTICLE XXVII - WAIVER 27.1 The IIrIPLOYER 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 sub�ect concerning the terms and condttions 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 EMPLOYER may, however, mutually agree to modify any provision of this AGREEMENT. 27.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this _ AGREEMENT, are hereby superseded. ARTICLE XXVIII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625 28. 1 Employees of the School District under policy adopted by the Board of � Education may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committee utilizing the following plan: PLAN "A", effective with the adoption of this Agreement, is reimbursed at the rate of 23C per mile. In addition, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. PLAN "C" provides for reimbursement based on a per month "lump sum" amount. This amount is determined by the employee's driving experience under Plan "A" for a period of 3 to 6 months. Those employees receiving an auto allowance under this plan must report monthly the number of days the car was available during the month. A deduction must be made from the lump sum amount for each day the employee is on vacation. A deduction need not be made for an occasional day of illness or for a holiday. , - 20 - ! ��2/ ARTICLEIXXIX DURATI N AND PLEDGE � 29. 1 This AG EMENT shall become effective as of the date of s gning, exFept a speci ically provided otherwise in Articles 12 and 3, and sh�ll re ain i effect through the 30th day of April, 198 , and . . . .. . . _ . . . . . _ .. continue in ef ect from year to year thereafter unless notice to ch�ange o to te inate is giyen in the manner provided in 29.2. 29.2 If eith r part desires to terminate or modify this AG EEMENT eflfectiv as of the date of expiration, the party wishing to mo ify or terminat the A REEMENT shall give written notice to the other party, nolt more than n nety (90) or less than sixty (60) calendar day prior to the pirati n date, provided that the AGREEMENT may onl be so telrminat d or m dified effective as of the expiration date. 29.3 In consi eratio of the terms and conditions of employment esta lished b}� this AGREEM T and the recognition that the GRIEVANCE PR CEDURE herein e tablis ed is the means by which grievances concern ng its , aplplicat on or nterpretation may be peacefully resolved, the arties hereby p edge t at during the term of the AGREEMENT: 29�.31 T e UNIO and the employees will not engage in, instigat or c ndone ny concerted action in which employees fail to eport f r duty willfully absent themselves from work, stop wo k, ! s ow do their work or absent themselves in whole or pa t from t e full faithful performance of their duties of emplo ent. � 29.32 T e II�L YER will not engage in, instigate or condone an , 1 ckout f employees. 29.33 T is con titutes a tentative AGREEMENT between the parti s I w ich wi 1 be recommended by the School Board Negotiato , but i sub�e t to the approval of the Board of Education, a is a so sub ect to ratification by the UNION. AGREED t this �� day of � , 1986, and attested to as the full a�d com lete derstanding of he parties for the period i time herein specif ed by he signature of the following representatives for the II�LOYER and he UNI N: WITNES$ES: . , INDEPENDENT S HOOL D STRICT N0. 625 INTERNATIONAL BROTHERHOOD 0 PAINTERS AND ALLIED TRADES OCAL 61 � Scho 1 Board egoti or B siness nager I 2C� �� . � Chairm n, Boa d of E ucation i - 21 - I I �'�-i.�-�f APPENDIX A � Th clas es of positions recognized by the EMPLOYER as being exclusi ely re resent d by the UNION are as follows: Pain er - F reman Pain er ', Appr ntice and other cla ses o positions that may be established by the PLOYER where the duti s and esponsibilities assigned come within the juris iction of the UNION. � • �, i I • - A1 - APPENDIX B Duster � Wall Scrapers . Putty Knife � Broad Knife Hammer Screwdrivers . � - B1 - I � �-�.5�� APPENDIX C � The basi hourl wage rate for provisional, regular, and p obationary employee�s appo nted t the following classes of positions and not re eiving the Fringe �enefit liste in Article 12.2 shall be: j Effective Effective Eff ctive April 2b, 1986 April 25, 1987 Ma 7, 1988 PainterJ . . . . . . $15.97 $16.45 $1 .93 PainterlForema . . . . . 16.69 17. 17 17.65 i Th basic hourly wage rate for temporary and emergency employe s appointed to the �ollowi g clas es of positions shall be: i Effective Effective Ef ective � April 26, 1986 April 25, 1987 Ma 7, 1988 Painterr . . . . . . . $16.61 $17. 11 $ 7.61 � Painter Forema . . . . . 17.36 17.86 8.36 Ap�rentic PAINTER APPRENTICE RATES OR PAINTER APPRE ICE RA ES THOSE WHO STARTED AFTER MAY , 1984 y of Painter rate y of Pa nter rate first 5p0 hou s - 50% first 1,000 hours - 0� 500 to 1,000 ours - 55% 1,000 to 2,000 hours - 5� . 1,000 tp 1,50 hours 60% 2,000 to 3,000 hours - 0% 1,500 to 2,00 hours 65% 3,000 to 3,500 hours - 5% 2,000 tb 3,00 hours 70% 3,500 to 4,000 hours - OY 3,000 to 4,00 hours 75� 4,000 to 4,500 hours - 0% 4,000 tlo 5,00 hours - 80Y 4,500 to 5,000 hours - 0% 5,000 tlo 6,00 hours - 90% 5,000 to 6,000 hours - 0% Thle basi hourl wage rate for regular employees appointed to t e following classes of p sitions who are receiving the fringe benefits listed in Article 12.2 st�all be � Effective Effective Ef ective April 26, 1986 April 25, 1987 Ma 7, 1988 Painte�. . . . . . . . $14.87 * * • Painte� Forem n. . . . . 15.67 * * *The A�ril 25 1987 nd May 7, 1988 hourly wage rates in this contra t will be the rates as shown elow less the cost of sick leave usage for 1986 and 1987 respe�tively and le s the cost of holidays, pension, and vacation r 1987 and 1988 espect vely a d less the cost of health and life insurance f r the perio�s May, 1986 t rough April, 1987 and May, 1987 through April, 1988 respec�tively incur ed by the employer for employees in this barga ing unit. i April 25, 1987 May 7, 1988 Painte�. . . . . . . $20.01 $20.51 • Painter Forem n. . . . . 21.01 21.51 I � - C1 - i Appendix C (continued) When performing the following types of work, the rate of pay shall be � seventy-five cents ($.75) per hour over the basic hourly wage rate of any class of positions. Sandblasting, swing stage work, erected structural 'steel skeleton work, all bridge work, all exterior work where safety belt or window �acks are used, spray painting and when applying materials over SOy creosote, and for application of all two-component epoxy materials. If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the above applicable rates for participating employees in such a way that the total cost of the package (wage rate plus contributions) remains constant. The EMPLOYER agrees to pay $10.00 toward the cost of each pair of safety shoes purchased by an Employee who is a member of this bargaining unit. The EMPLOYER shall contribute for the cost of two pair of shoes per year and shall not be responsible for any additional cost for any additional shoes thereafter. This reimbursement of $10.00 per pair of shoes shall be made only after investigation and approval by the immediate supervisor of that Employee. This $10.00 per pair of shoes contribution to be made by the EMPLOYER shall apply only to those Employees who must wear protective shoes or boots for their employment. • e _ C2 _ i ��/.s�I A�PENDI�C D � Effectiv May 1, 1986, the EMPLOYER shall: i (1) contri ute $ 1.56 per hour for all hours wor ed by j partic pating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this AGREEMENT, to a UNION-desi nated Health and Welfare Fund. I (2) contri ute $1.25 per hour for all hours work d by partic pating employees as defined in Articles 12.3, 12.4, I and 12 5 covered by this AGREEMENT, to a Pension Fund. I (3) deduct $1.09 per hour from which payroll deduction h s been made or all hours worked by participating employ es as , j define in Articles 12.3, 12.4, and 12.5 covered b this AGREEM T, to a Vacation Fund. • I (4) contri ute $ .09 per hour for all hours worked by I partic pating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this AGREEMENT, to an A rent'ceshi j Traini Fund. All cont ibutio made in accordance with this Appendix sh 11 be forwarde�d to d posito ies as directed by the UNION. • Th�j EMPLO ER sh 11 establish Workers' Compensation and Unempl yment Compensa�tion p ograms as required by Minnesota statutes. Pa�ticipa ing em loyees as defined in Articles 12.3, 12.4, an 12.5 covered by th s AGR EMENT shall not be eligible for, governed y or accumulalte va tion, sick leave, holiday, funeral leave, jury d ty or insurance frin e bene its that are or may be established by Civil S rvice Rules, Clouncil Ordina ce or Council Resolutions. Thel EMPLO ER'S f inge benefit obligation to participating employ es as defined in Art cles 1 .3, 12.4, and 12.5 is limited to the contrib tions and/or dieducti ns es ablished by this AGREEMENT. The actual le 1 of benefits, provi ed to mployees shall be the responsibility of the Tr stees of the �variou funds to which the EMPLOYER has forwarded contrib tions ' and/or deducti ns. I i i I I • I I - D1 - I