86-1574 WHITE - GITV CIERK
PINK - FINANCE I TY OF SA I NT PAU L Council ///
CANARV - DEPARTMENT � �`/�/y�
BIUE - MAVOR File NO. /
ouncil Resolution �
� ��
Presented y -�
Referred To �
Committee: Date 1 � "
Out of Commi�tee By Date
R�SOLVFD, that the Cou cil of the City of Saint Paul hereby agproves nd
rati_fies the �ttach 1986-1989 Maintenance Labor Agreement between Indepe dent
School Distri�t No. 25 and Operative Plasterers' and Cement Masons'
International Associ_ tion, ocal 560.
COUNC[LMEIV Requested by Department of:
Yeas Nays
�a [R FavO[ �' L ICE
Rettman
Scheibel '
Sonnen ' __ Ag81[1S� BY
Tedesco
Wilson �O 1 n 19U�
1� Form pprov d by A rney
Adopted by Council: Date
.
Certified I'a s unr.il Se y BY
gl.
Approved b 1rlavor• � — ��oNOU � � 19 6 Approve b yor u m 'on to Cou cil
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p�, s�yp��1l :;_ :! � 9 198
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�. PER�ONNEL-�.AB ttE�.A �ot�s DEPARTMENT � •
JIM OrtBA1t�1 i CONTACT
. , PHONE -
'` DATE ��� Q
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ASSIGN NUh�ER F0� R4 ING 0 DER C All Locat,ions for Si natare .:
1 Dep�rtment Direc r ' 3 Oi.�ector of Management Mayor
Finance and Mana ent ervice ilDirector � 4 City Clerk . '
Budget .Director ,_ �
� City Attorney
WHAT WILL BE ACHIEVE BY T I.NG AC ON ON TNE ATTACHED MATERIALS? (Purpose/
Rationale) :
This resolution app ves t 1986 1989 Agreement between the ISD ��625 and the
Cement Masons Local o. 56 . The hanges in this Agreement are Tisted on the
attached sheet. This Agre ent h � been approved by the St. Paul School Board.
R����vEO R EIVED�
COST BENEFIT BUDGET RY AND PERSON L IMPACTS ANTICIPATED: OCT Z � OC
Financial Impact: ne. plies to School District , � 2 �
. MAYOR S OFF��
_ Ct ATTORiVEY .
_
.
.
FINANCING SOURCE AND BUDGET ACTIVI I NUN�ER CHARGED OR CREDITED: (Mayor's signa-
ture not re-
Total Amount of "T ansact on; � quired if under
; . a,o,000) ,
Funding Source:
Activity Number: �I • � � �
ATTACHMENTS List an Numbe A11 A achments :
1 - Resolution
1 - Copy for City C1 rk _
. ; •
DEPARTMENT REVIEW � CITY ATTORNEY REYIEW
�Yes No Council Resol tion R uired? ' Resolution Required-? es No
Yes _x,No Insura ce Req ired? Insurance Sufficient? es No
Yes x No Insura ce Att ched:
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(S E •REVE E SIDE FOR INSTRUCTIONS)
Revised 12/84
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I INDEPENDENT SCHOOL DISTRICT #625 r
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BOARD OF EDUCATION
SAINT PAUL PUBLIC SCHOOLS
DATE: Se tem er 16, 1986
TOPIC: �� A rov 1 of a em lo ent a reement with Cement Masons Local
No. 56
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 XV - Holidays: New language allowing withou
��, benef t employees to work on minor holidays at strai ht
time.
� _ •
A en ix C - Wages: Total package increase of 50� p r
�, hour or each year. This is based on the prevailing
rates settlement.
�, - A en ix E - Retirement: States mandatory retiremen
' at ag 70. (This is not a change, but a clarificati n.)
3) The Distri t has no regular employees in this bargaining nit. In
the past, emporary and emergency employees have occasion lly been
use but n one assigaed to this bargaining unit has bee on any
198 payro 1. Therefore, no estimated cost impact ca be
cal ulated
4) Req ested y Phyllis E. Byers, Negotiator.
B. COMME ATION: That the Board of Education of Independent Sch ol
District No. 62 approve and adopt the Agreement concerning th terms
a d cond tions f employment of those employees in this school istrict
folr whon Opera ive Plasterers' and Cement Masons' Internati nal
Associat on Loc 1 No. 560 is the exclusive representative; dur tion of
said Agr ement s for the period April 26, 1986 through April 3 , 1989.
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C F-�--�1 _��'r�'�:...
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C TY OF SAINT PAUL
i<tiili'i:ii O CE OB` TH� CITY COIINCIL
�ammittee Repart
�:inanc� l�an �me�t & Persannel Committee.
�
i�('�s= l3. 198'�
1. Approval of minu es fro meeting held November 6, 1986. approved
2. Public hearing o Civic Oroanization Partnership Fund. discussed
\� 3. Resolution appro ing 19 6-�989 Maintenance Labor Agreement between ISD
No. 625 and Oper tive P asterers' and Cement Masons' International
Association, Loc 1 560. approved
4. Resolution amend'ng the 1986 budget and adding $112,236 to the Financin
Plan and to the pendin Plan for General Government Accounts (salary
costs) . laid ov r 11 2 � � .
5. Resolution amen 'ng the 1986 budget.and transferring $3,193,187 from
Contingent Rese e. Spec"fied to departments as listed to mee.t salary
needs. laid ove 11 20
6. Administrative der:
D-8148: Additi s of $ ,738.40 to the contract for Como Golf Clubhouse �
site i roveme ts - golf course reconstruction (laid over fro
Novemb 6, 19 6). discussed
CTTY HAI.j. EVE�i iTH FLOOR SAINT PAUL, NFSOTA 55102
a�,sa
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I N D E X
ARTICLE ITLE PAGE
reambl iii
I urpose 1
II ecogni ion 1
III mploye Rights 1
IV nion R ghts 2
V Scope o Agreement 2
VI robati nary Periods 3
VII hiloso hy of Employment and Compensation 3
' VIII ours o Work 4
IX erti 5
X Call Ba k 5
XI ork Lo ation 6
XII ages 7
XIII Fringe enefits 8
XIV Select n of Foreman and General Foreman 8
• XV Holidays 9
XVI Discip inary Procedures 11
XVII Absenc from Work 11
XVIII , Senior ty 12
XIX Jurisd tion 13
XX Separation 13
XXI Tools 13
XXII Grieva ce Procedure 14
XXIII Right f Subcontract 17
XXIV I Non-di crimination 17
XXV Severa ility 17
XXVI Waiver i8
XXVII Mileag -Independent School District No. 625 18
• XXVIII Durati and Pledge 19
Append x A A1
� Append x B B1
Append x C C1
Append'x D D1
Append'x E E1
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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 Operative Plasterers' and
Cement Masons' International Association of the United States and Canada,
Local 560, 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. �
.
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ARTICLE I - PU OSE
� 1.1 The EMPLO ER and the UNION agree that the purpose for enterin into
this AGRE ENT i to:
1.11 Achi ve ord rly and peaceful relations, thereby establis ing a
syst m of ninterrupted operations and the highest lev 1 of
empl yee pe formance that is consistent with the safet and
well being f all concerned;
1. 12 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 II�PLO ER an the UNION agree that this AGREEMENT serves as a
supplemen to le islation that creates and directs the EMPLOYE . If
any part f this AGREEMENT is in conflict with such legislatio , the
latter s all pr vail. The parties, on written notice, agr e to
negotiate that p rt in conflict so that it conforms to the stat te as
provided y Arti le 25 (SEVERABILITY).
• ARTICLE II - R COGNIT ON
2. 1 The EMPLO ER rec gnizes the UNION as the exclusive representati e for
collectiv barga ning purposes for all personnel having an empl yment
status 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-525 A date May 22, 1973.
2.2 The class s of p sitions recognized as being exclusively repre ented
by the UN ON are as listed in Appendix A.
ARTICLE III - LOYE RIGHTS
' 3.1 The EMPLO ER ret ins the right to operate and manage all man ower,
facilitie , and quipment; to establish functions and programs; o set
and amen budge s; to determine the utilization of technolo y; to
establish and mo ify the organizational structure; to select, d'rect,
and dete ine t e number of personnel; and to perform any in erent
manageria funct on not specifically limited by this AGREEMENT.
3.2 Any "te or ondition of employment" not established by this
AGREEMENT shall remain with the EMPLOYER to eliminate, mod fy or
• establish follow ng written notification to the UNION.
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ARTICLE IV - UNION RIGHTS
4.1 The EMPLOYER shall deduct from the wages of employees who authorize �
such a deduction in writing an amount necessary to cover monthly UNION
dues. Such monies deducted shall be remitted as directed by th� � � � �
UNION.
4.11 The II�IPLOYER shall not deduct dues from the wages of employees
covered by this AGREEMENT for any other labor organization.
4.12 The UNION shall indemnify and save harmless the EMPLOYER from any
and all claims or charges made against the EMPLOYER as a result
of the implementation of this ARTICLE.
4.2 The UNION may designate one (1) employee from the bargaining unit to
act as a Steward and shall inform the EMPLOYER in writing of such •
designation. Such employee shall have the right and responsibilities
as designated in Article 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.
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ARTICLE VI - P OBATIO Y PERIODS
•
6.1 All perso nel, o iginally hired or rehired following separation, in a
regular e ployme t status shall serve a six (6) months' probat onary
period du ing wh ch time the employee's fitness and ability to p rform �
the clas of ositions' duties and responsibilities sha 1 be
evaluated.
6.11 At a y time during the probationary period an employee y be
term nated t the discretion of the EMPLOYER without app al to
the rovisi s of Article 22 (GRIEVANCE PROCEDURE) .
6.12 An ployee terminated during the probationary period shall
rece ve a itten notice of the reason(s) for such terminat on, a
copy of whi 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 respo sibilities shall be evaluated.
6.21 At ny ti during the promotional probationary peri d an
empl yee ma be demoted to the employee's previously-held class
of p sition at the discretion of the II�LOYER without app al to
the rovisi s of Article 22 (GRIEVANCE PROCEDURE).
• 6.22 An e ployee demoted during the promotional probationary eriod
shal be r turned to the employee's previously-held cla s of
posi ions a d shall receive a written notice of the reaso s for
demo ion, a copy of which shall be sent to the UNION.
ARTICLE VII - HILOSO 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 wa and
- "industry' fring benefit system.
7.2 The EMPLO ER sha 1 compensate employees for all hours worked t the
- basic hou ly wa rate and hourly fringe benefit rate as fo nd in
Articles 2 (WAG S) and 13 (FRINGE BENEFITS) .
7.3 No other ompens tion or fringe benefit shall be accumulated or arned
by an emp oyee e cept as specifically provided for in this AGRE ENT;
except t ose e ployees who have individually optioned o be
"grandfat ered" s provided by 12.2.
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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 �udgment 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 Al1 employees are subject to call-back by the EMPLOYER as provided by
Article 10 (CALL BACK).
8.7 Employees reporting for work at the established starting time and for •
whom no work is available shall receive pay for two (2) hours, at the
basic hourly rate, unless notification has been given not to report
for work prior to leaving home, or during the previous work day.
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ARTICLE �X - 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 � - -
advgnce. An ove time 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
�I day, nd
9.22 Time orked n a sixth (6th) day following a normal work we k.
9.3 The overt' e rate of two (2) times the basic hourly rate shall b paid
for work erforme under the following circumstances:
9.31 Time orked n a holiday as defined in Article 15 (HOLIDAYS ;
9.3IZ Time orked n a seventh (7th) day following a normal work eek.
9.4 For the p rposes of calculating overtime compensation, overtime hours
wor�ed sh 11 not e "pyramided", compounded or paid twice for th same
hou s wor ed.
• 9.4 Ove,rtime ours w rked as provided by this ARTICLE shall be p id in
cas�h.
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ARTICLE X - C L BACK
10. 1 Th II�4PL ER re ains the right to call back employees befo e an
em�,loyee as sta ted a normal work day or normal work week and after
an employ e has ompleted a normal work day or normal work week.
10.2 Em loyees called back shall receive a minimum of four (4) hour ' pay
at�the ba ic hou ly rate.
10.3 The hour work based on a call-back shall be compensat d in
ac ordanc with rticle 9 (OVERTIME) , when applicable, and subj ct to
th� minim m esta lished by 10.2 above.
10.4 Employees called back four (4) hours or less prior to their ormal
wo k day shall omplete the normal work day and be compensate only
fo� the o ertime hours worked in accordance with Article 9 (OVER IME).
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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 II�LOYER.
11.2 Employees assigned to work locations during the normal work day other
than their original assignment, and who are required to furnish their
own transportation, shall be compensated for mileage.
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ARTICLE XII - W GES
. 12. 1 The basic ourly age rates as established by Appendix C shall b paid
for all ho rs wor ed by an employee.
12.2 Employees ho ar covered by the fringe benefits listed below shall
continue t be co ered by such benefits. They shall be sub�ect o all
other pro isions of the AGREEMENT, but shall not have hourly ringe
ben fit c ntribu ions and/or deductions made on their beha f as
pro�ided f r by A ticle 13 (FRINGE BENEFITS) .
12.21 nsuran e benefits as established by City of Saint Pau
� esolut ons including life, hospital, and health ins rance
or ear y retirees who have retired since May 8, 197 . In
rder t be eligible for the health benefits under the early
etiree provision, the employee must:
12.21. 1 Be receiving benefits from a public employee
. retirement act at the time of retirement.
i 12.21.2 Have severed his relationship with the City f
I Saint Paul under one of the early retiree pl ns.
12.21.3 Inform the Personnel Office of the City of S int
Paul in writing within 60 days of employee's early
retirement date that he or she wishes o be
eligible for early retiree insurance benefit .
• 12.' 2 Si k leave as established by Resolution No. 3250, Section 20.
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12.23 Va ation s established by the Saint Paul Salary Plan and
Ra es of mpensation, Section I, Subdivision H.
12.24 Te (10) gal holidays as established by the Saint Paul alary
P1 n and ates of Compensation, Section I, Subdivision I.
12.i25 Se erance enefits as established by the School District'
Se erance Pay Plan with a maximum payment of $4,000.
12.3 Regular e ployee not covered by the fringe benefits listed in A ticle
12.2 sha 1 be considered, for the purposes of this AGRE MENT,
pax�ticipa ing em loyees and shall be compensated in accordanc with
Article 1 .1 (W GES) and have fringe benefit contributions nd/or
deduction made n their behalf as provided for by Article 13 ( RINGE
BENEFITS)
12.4 Prdvision 1, tem orary, and emergency employees shall be consi ered,
for the p rposes of this AGREEMENT, participating employees and shall
be 'compen ated i accordance with Article 12. 1 (WAGES) and have ringe
be efit ontrib tions and/or deductions made in their beha f as
pr vided or by rticle 13 (FRINGE BENEFITS) .
. 12.5 Al1 regu ar emp oyees employed after February 15, 1974, sh 11 be
co�sidere , for he purpose of this AGREEMENT, participating emp oyees
an shall be co ensated in accordance with Article 12. 1 (WAGE ) and
have fri ge ben fit contributions and/or deductions made on their
bel�alf as provid d for by Article 13 (FRINGE BENEFITS).
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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 Foreman shall
remain solely with the EMPLOYER.
14.2 The class of position Foreman shall be filled by employees of the
bargaining unit on a "temporary assignment". �
14.3 All "temporary assignments" shall be made only at the direction of a
designated EMPLOYER supervisor. �
14.4 Such "temporary assignments" shall be made only in cases where the
class of positions is vacant for more than one (1) normal work day.
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ARTICLE XV - H IDAYS
• 15. 1 The follo ng ten (10) days shall be designated as holidays:
New ar's D y, January 1
IMarti Luthe King Day Third Monday in January (effective 1986)
Presi ents' ay, Third Monday in February
Memo al Day, Last Monday in May
Tnde ndence Day, July 4
Labo Day, First Monday in September
Colu us Day, Second Monday in October
Vete ns' Da , November 11
Than sgiving Day, Fourth Thursday in November
� Chri tmas Da , December 25.
15.2 When New ear's Day, Independence Day or Christmas Day falls on a
Sunday, t e fol owing Monday shall be considered the desi nated
hol day. When a y of these three (3) holidays falls on a Sat rday,
the�prece ing Fri ay shall be considered the designated holiday.
15.3 The ten ( 0) holi ays shall be considered non-work days.
15.4 If, in t e judg ent of the EMPLOYER, personnel are necessa for
operating or eme gency reasons, employees may be scheduled or " alled
back" in ccorda ce with Article 10 (CALL BACK) .
15.5 Participa ing em loyees as defined in Articles 12.3, 12.4, and 12.45
assigned o work on Martin Luther King Day, Presidents' Day, Co umbus
. Day or Ve erans' ay shall be compensated on a straight-time bas s for
suc'h hour worke .
15.6 Surh part cipati g employees assigned to work on New Year's Day,
Memorial Day, dependence Day, Labor Day, Thanksgiving D y or
Chr,istmas Day sh 11 be compensated at the rate of two (2) tim s the
baslic hou ly rat for such hours worked.
15.7 If an em loyee ther than a participating employee entitled to a
hol,iday i requ red to work on Martin Luther King Day (eff ctive
198I6) , Pr sident ' Day, Columbus Day or Veterans' Day, he sh 11 be
gra'nted a other ay off with pay in lieu thereof as soon thereaf er as
the conve ience f the department permits or he shall be pai on a
straight- ime ba is for such hours worked, in addition to this r gular
hol�iday p y.
If an em loyee ther than a participating employee entitled to a
hol,iday s req ired to work on New Year's Day, Memorial Day,
Inc�epende ce Day Labor Day, Thanksgiving Day or Christmas D y, he
shall be recomp nsed for work done on this day by being g anted
compensat ry tim on a time and one-half basis or by being pai on a
time and one-ha f basis for such hours worked, in addition o his
re�ular h liday ay.
Eligibili y for holiday pay shall be determined in accordanc with
• Section I Subse tion I of the Saint Paul Salary Plan and Ra es of
Co�pensat on.
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Article XV - Holidays (continued)
15.8 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.
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ARTICLE XVI - SCIPLI ARY PROCEDURES
� 16. 1 The' EMPLO ER sha 1 have the right to impose disciplinary acti s on
emp oyees or jus cause.
16.2 Dis iplin y acti ns by the EMPLOYER shall include only the fol owing
act ons:
16.�1 ral re rimand;
16.fZ2 ritten reprimand;
16.�3 Suspens on;
16.24 emotio ;
16.25 ischar e.
16.3 Employees who a suspended, demoted or discharged shall hav the
right to equest that such actions be reviewed by the Civil S rvice
Commissio or a designated Board of Review. The Civil S rvice
Commissio or a designated Board of Review shall be the sol and
. exclusive means f reviewing a suspension, demotion or discharg . No
appeal of a susp nsion, demotion or discharge shall be consid red a
"gr�evanc " for he purpose of processing through the provisi ns of
Artjicle 2 (GRIEV CE PROCEDURE).
ARTICLE VII - SENCE FROM WORK
� 17. 1 Emp oyees ho ar unable to report for their normal work day ha e the
res onsib lity t notify their supervisor of such absence as s on as
possible, ut in o event later than the beginning of such work ay.
17.2 Failure t make such notification may be grounds for discipl' e as
provided Artic e 16 (DISCIPLINARY PROCEDURES) .
17.3 Failure o repo t for work without notification for thre (3)
consecuti e norm 1 work days may be considered a "quit" b the
EMPLOYER the p rt of the employee.
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ARTICLE XVIII - SENIORITY
18. 1 Seniority, for the purposes of this AGREEMENT, shall be defined as �
follows:
18.11 "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.
18.12 "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.
18.2 Seniority shall not accumulate during an unpaid leave of absence,
except when such a leave is granted for a period of less than thirty
(30) calendar days; is granted because of illness or in�ury; is
granted to allow an employee to accept an appointment to the
unclassified service of the EMPLOYER or to an elected or appointed �
full-time position with the UNION.
18.3 Seniority shall terminate when an employee retires, resigns or is
discharged.
18.4 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.
18.5 The selection of vacation periods shall be made by class title based
on length of "Class Seniority", sub�ect to the approval of the
EMPLOYER.
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ARTICLE XIX - ISDIC ION
• 19. 1 Dis utes oncern ng work jurisdiction between and among unio s is
rec gnize as an appropriate subject to determination by the v rious
uni ns re resenti g employees of the EMPLOYER.
19.2 The EMPL YER a rees to be guided in the assignment of work
�ur sdict on by a y mutual agreements between the unions involve .
19.3 In I,the ev nt of dispute concerning the performance or assigmm �t of
work, the unions involved and the EMPLOYER shall meet as so n as
mutually ossibl to resolve the dispute. Nothing in the for going
shall res rict t e right of the EMPLOYER to accomplish the w rk as
originall assig ed pending resolution of the dispute or to re trict
the EMPLO ER'S ba ic right to assign work.
19.4 Any emplo ee ref sing to perform work assigned by the EMPLOYER nd as
clarified by Se tions 19.2 and 19.3 above shall be subje t to
. disciplin ry ac ion as provided in Article 16 (DISCIP INARY
PROCEDURE ).
19.5 There sha 1 be n work stoppage, slow down or any disruption o work
reslulting from a ork assignment.
I
• ARTICLE - S PARATI
20. 1 Emp''�loyees having a probationary or regular employment status sh 11 be
considere separ ted from employment based on the following acti ns:
20. 11 Re i nati Employees resigning from employment shall g ve
written notice fourteen (14) calendar days rior
to the effective date of the resignation.
20.12 Di char e. As provided in Article 16.
20. 13 Fa lure t Re ort for Dut . As provided in Article 17.
20.2 Employees having an emergency, temporary or provisional empl yment
staitus ma be te inated at the discretion of the IIKPLOYER befo e the
co�pletio of a rmal work day.
ARTICLE I - OOLS
21. 1 All emplo ees sh 11 personally provide themselves with the to ls of
• the trade as lis ed in Appendix B.
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ARTICLE XXII - GRIEVANCE PROCEDURE
22.1 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.
22.2 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. �
22.3 The procedure established by this ARTICLE shall be the sole and
exclusive procedure, except for the appeal of disciplinary action as
provided by 16.3, for the processing of grievances, which are defined
as an alleged violation of the terms and conditions of this AGREEMENT.
22.4 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 EMPLOYER shall reply in writing to the UNION
within three (3) calendar days following this meeting. The
UNION may refer the grievance in writing to Step 3 within
seven (7) calendar days following receipt of the EMPLOYER'S
written answer. Any grievance not referred in writing by
the UNION within seven (7) calendar days following receipt
of the EMPLOYER'S answer shall be considered waived. �
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���s��
Article XXII - rievan e Procedure (continued)
� Step 3. ithin even (7) calendar days following receipt of a
rievan e referred from Step 2, a designated LOYER
upervi or shall meet with the UNION Business Manager r h�,s .
esigna ed representative and attempt to resolve the
rievan e. Within seven (7) calendar days following this
eeting the EMPLOYER shall reply in writing to the UNION
tating the EMPLOYER'S answer concerning the grievance If,
s a r sult of the written response, the grievance r mains
nresol ed, the UNION may refer the grievance to St p 4.
ny gri vance not referred in writing by the UNION to tep 4
ithin seven (7) calendar days following receipt o the
MPLOYE 'S answer shall be considered waived.
Step 4. f the rievance remains unresolved, the UNION may wit in
even (7) calendar days after the response of the EM LOYER
n Ste 3, by written notice to the EMPLOYER, r quest
rbitra ion of the grievance. The arbitration proce dings
hall b conducted by an arbitrator to be selected by utual
greeme t of the EMPLOYER and the UNION within seve (7)
alenda days after notice has been given. If the p rties
ail t mutually agree upon an arbitrator within th said
even- (7) day period, either party may request the ublic
mploym nt Relations Board to submit a panel of fiv (5)
rbitra ors. Both the EMPLOYER and the UNION shall ha e the
• ight o strike two (2) names from the panel. The UNION
hall s rike the first (lst) name; the EMPLOYER shal then
trike ne (1) name. The process will be repeated a d the
emaini g person shall be the arbitrator.
22.5 The arbit ator s 11 have no right to amend, modify, nullify, i nore,
add to o subt act from the provisions of this AGREEMENT. The
arbitrato shall onsider and decide only the specific issue sub itted
in writin by th EMPLOYER and the UNION and shall have no aut ority
to make deci ion on any other issue not so submitted. The
arbitrato shall be without power to make decisions contrary to or
inconsiste t wit or modifying or varying in any way the appli ation
of laws, les or regulations having the force and effect of law The
arbitrato 's deci ion shall be submitted in writing within thirt (30)
� days foll ing cl se of the hearing or the submission of briefs y the
parties, icheve be later, unless the parties agree to an exte sion.
. The decis on sha 1 be based solely on the arbitrator's interpre ation
or applic tion of the express terms of this AGREEMENT and to the facts
of the gr evance presented. The decision of the arbitrator sh 11 be
final and inding on the EMPLOYER, the UNION, and the employees.
•
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Article XXII - Grievance Procedure (continued)
22.6 The fees and expenses for the arbitrator's services and proceedings �
shall be borne equally by the EI�LOYER 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.
22.7 The time limits in each step of this procedure may be extended by
mutual agreement of the EMPLOYER and the UNION.
•
.
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��/S7�
�
ARTICLE �III - RIGHT F SUBCONTRACT
� 23. 1 The EMPLO 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
the event that s ch contracting would result in a reduction o the _ .
wor forc cover d by this AGREEMENT, the EMPLOYER shall giv the
UNI N a inety (90) calendar day notice of the intenti n to
subcontrac .
23.2 The subco tracti g of work done by the employees covered by this
AGR�EMENT hall i all cases be made only to employers who qual fy in
acc�rdance with 0 dinance No. 14013.
� ARTICLE XXIV - ON-DIS RIMINATION
24. 1 The terms and onditions of this AGREEMENT will be appli d to
employees equall without regard to or discrimination for or ag inst,
any indiv dual b cause of race, color, creed, sex, age or beca se of
membershi or non membership in the UNION.
24.2 Emp oyees will erform their duties and responsibilities in a
non discr inator manner as such duties and responsibilities i volve
oth r emp yees a d the general public.
•
ARTICLE �XV - VERABI ITY
25. 1 In the ev t that any provision(s) of this AGREEMENT is declared to be
contrary o law by proper legislative, administrative or ju icial
authority from w ose finding, determination or decree no app al is
takien, su h prov sion(s) shall be voided. Al1 other provisions shall
con�tinue full orce and effect.
' 25.2 The' parti s agre to, upon written notice, enter into negotiati ns to
place the voided provisions of the AGREEMENT in compliance wi h the
legislati e, admi istrative or �udicial determination.
• ,
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ARTICLE XXVI - WAIVER
26. 1 The EMPLOYER and the UNION acknowledge that during the meeting and •
negotiating which resulted in this AGREEMENT, each had the right and
opportunity to make proposals with respect to any sub�ect 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.
26.2 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.
26.3 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 XXVII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625
27. 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 one of the following plans:
PLAN "A" is reimbursed at the rate of 23C per mile. In addition,
a maximum amount which can be paid per month is established by an
estimate furnished by the employee and the employee's supervisor.
Another consideration for establishing the maximum amount can be
the experience of another working in the same or similar
position.
Under this plan, it is necessary for the employee to keep a
record of each trip made.
PLAN "C" provides for reimbursement based on a per month "lump
sum" amount. This amount is determined by the employee's driving
experience under Plan "A" for a period of 3 to 6 months. Those
employees receiving an auto allowance under this plan must report
monthly the number of days the car was available during the
month. A deduction must be made from the lump sum amount for
each day the employee is on vacation. A deduction need not be
made for an occasional day of illness or for holiday.
i
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���s�s�
ARTICLE XXVIII DURAT ON AND PLEDGE
� 28. 1 This� AGRE NT s all become effective as of the date of si ning,
exc pt as specifi ally provided otherwise in Articles 12 and 13, and
sha 1 re in in effect through the 30th day of April, 1989 and. _ _ _
con inue n effe t from year to year thereafter unless noti e to
cha ge or o term nate is given in the manner provided in 28.2.
28.2 If either party desires to terminate or modify this AGR EMENT
eff�ctive s of t e date of expiration, the party wishing to mod fy or
terminate he AGR EMENT shall give written notice to the other arty,
not more t an nin ty (90) or less than sixty (60) calendar days prior
to �the ex iratio date, provided that the AGREEMENT may only e so
terminated or mod fied effective as of the expiration date.
28.3 In conside ation f the terms and conditions of employment estab ished
� by this A REEMEN and the recognition that the GRIEVANCE PRO EDURE
herein es ablish is the means by which grievances concernin its
applicatio or in erpretation may be peacefully resolved, the p rties
J hereby ple ge tha during the term of the AGREEMENT:
28.�1 The UNION nd the employees will not engage in, instigate or
con one an concerted action in which employees fail to r port
�, for duty, illfully absent themselves from work, stop wor ,
slo down heir work or absent themselves in whole or par
fro the f 11, faithful performance of their duties of
emp oyment
� 28. 2 The II�LOY R will not engage in, instigate or condone any
I loc out of employees.
28.33 Thi const tutes a tentative AGREEMENT between the partie
whi h will be recommended by the School Board Negotiator, but
is ubject to the approval of the Board of Education and s
als sub,je t to ratification by the UNION.
AGREED to his day of��.Q,�. ' 1986, and attested to as th full
and complete u dersta ding of the parties for the period of time erein
specified by he si nature of the following representatives fo the
ENIPLOYER and th UNION
WITNESSE$•
. i
INDEPEND NT SCH OL DIS RICT N0. 625 OPERATIVE PLASTERERS' AND CEM NT
MASONS' INTERNATIONAL ASSOCI TION,
LOCAL 560
� a ' �/ � � � ' '
Scho B ard Ne otiat B ines Repres ntative
• v
C sirman� Board of Edu ation
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������
APPENDIX A
� The clas es of positions recognized by the EMPLOYER as being
exclusiv ly re resente by the UNION are as follows:
Ceme t Finis er
� Appr ntice
Buil ing In ector - Cement Finisher
and other cla ses of positions that may be established by the LOYER
where the duti s and sponsibilities assigned come within the jurisd ction
of the UNION.
• i
�
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�--�%�7�
APPENDIX C
� Thel basic hourly wage rate for provisional, regular, and pro ationary
employee appo nted t the following classes of positions and not eceiving
fringe b nefit listed in Article 12.2 shall be:
Effective Effective Eff ctive
April 26, 1986 May 1, 1987 Ma , 1988
BuildinglInspe tor -
' Ceme t Finis er. $ 18.36* *** **
Cement FYnishe . . . . . 16.86* $ 17.34* **
The basic hourly age rate for temporary and emergency employee appointed
to the followi class s of positions shall be:
Effective Effective Eff ctive
.
April 26, 1986 May 1, 1987 Ma , 1988
Building Inspe or -
Ceme Finis er. $ 19.09* *** **
Cement F�inishe . . . . . 17.53* $ 18.03* $ 1 .53*
�
��
*These r tes i clude t e $1.00 Savings Plan contribution.
� The basic ourly age rate for regular employees appointed to th following
classes ,of pos tions ho are receiving the fringe benefits listed in Article
12.2 sha�.l be:
Effective Effective Eff ctive
April 26, 1986 May 1, 1987 Ma , 1988
Building Inspe or -
Ceme t Finis er. $ 17.43 *** **
Cement Finishe . . . . . $ 15.73 *** **
**The May 1, 1 7 and ay 1, 1988 hourly wage rates in this contract ill be the
' rates as sho below less the cost of sick leave usage for 198 and 1987
respectively, d less the cost of vacation, holidays, and pension f r 1987 and
1988 res ectiv y and ess the cost of health and life insurance for he periods
� May, 19E�6 thro gh Ap il, 1987 and May, 1987 through April 1988 r spectively
incurred by th enploy r for employees in this bargaining unit.
Effective Eff ctive
May 1, 1987 Ma , 1988
Cement F nishe . . . . . . . . . . $ 20.55 $ 1.05
i
• ***These Inspe tor rat s to be determined at a later date.
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APPENDIX D
Effective May 1, 1986, the EMPLOYER shall: �
(1) contribute $1.30 per hour for all hours worked by
participating employees as defined in Articles 12.3, 12.4,
and 12.5 of this AGREEMENT to a Health and Welfare Fund.
(2) contribute $1.20 per hour for all hours worked by
participating employees as defined in Articles 12.3, 12.4,
and 12.5 of this AGREEMENT to the Pension Fund.
(3) contribute $1.00 per hour for all hours worked by
participating employees as defined in Articles 12.3, 12.4,
and 12.5 of this AGREEMENT to the Savings Plan Fund. This
contribution is sub,ject to all payroll deductions.
(4) contribute $ .02 per hour for all hours worked by
participating employees as defined in Articles 12.3, 12.4,
and 12.5 of this AGREEMENT to an Apprenticeship Fund. '
All contributions made in accordance with this Appendix shall be
forwarded to depositories as directed by the UNION.
The EMPLOYER shall establish Workers' Compensation and Unemployment
Compensation programs as required by Minnesota statutes.
The EMPLOYER'S fringe benefit obligation to participating employees as �
defined in Articles 12.3, 12.4, and 12.5 is limited to the contributions
and/or deductions established by this AGREEMENT. The actual level of
benefits provided to employees shall be the responsibility of the Trustees
of the various funds to which the EMPLOYER has forwarded contributions
and/or deductions.
•
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