86-1667 WN17E - CITV CLERK
PINK - FINANCE G I TY OF SA I NT PA U L Council
CANARV - DEPARTMENT /Q
BLUE - MAVOR File NO• `�
ncil Resolution
Presented y
Referred To / C.� Committee: Date � ^
Out of Committ e By Date
RESOL51'�P, tha� t e Coun il of the Ca_ty of Saint Paul hereby approves a d
ra�ifies the a tached 1986-1 �9 Maintenan�e Labor Agreement between the
Independent Scliool Di trict o. 625 and the Plasterers Local No. 20.
COUNCILMEN
Requested by Department of:
Yeas pfeW Nays
Nicosia [n Favor ��P"��SONNrL
Rettma�
Scheibel
Sonnen _ AgalllSt
Tedesco
Wilson
�E � 8 ��6 Form App ed by ity Att ey
Adopted by Council: Date �, �
Certified Pas e ncil Se r BY �
By '
Appro y �lavor: te DEC 2 E 198fi Approve May or ' sion to Cou cil
By —
�usN�� �a� l 01987
,
�,- "PERSONNEL-�.ABO xE� oNS:� DEPARTMENT � ��/�0�7 � 0815'7
JIM CONTACT
• _
PHONE- _ � . .
xovEMSER 5 19 6 DATE ' �► �. e
ASSI NUt�ER'-FOR. R0 ING 0 R C1 All Locations for Si �ature : • -
Depart'nient Direct r 3 Director `o# Management yor
Finance and Manag ment S rvices Director � 4 City Cle.rk .
�Cudget Director
ity At.tarney
WHAT WILL BE ACHIEVED BY TA NG ACT ON ON THE ATTACkIED MATERIA�S? (Purpose/
Rationale) :
THIS RESOLUTION APPR VES T 1986- 989 CONTRACT BETWEEN THE ISD ��625 AND TE�IE PLAS ERERS
LOCAL N0. ,20. _
THE CHANGES IN THE W CON CT A SHOWN QN THE ATTACHED SHEET. RECE �E�
� THIS CONTRACT HAS BE N APP VED BY THE ST. PAUL SCHOOL BOARD.
_ NOV _ 1986
I
COST BENEFIT BUDGETA Y AND ERSONN L IMPACTS ANTICIPATED: ` CITY �Ga���i�Y
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FINANCIAL IMPACT: N NE. PLIES NLY TO SCHOOL DISTRICT.
, ���.�1Vr !.�
- `� ��,�,-� ��nv � � _ .
� �� r�p�o��s o ���: .
FINANCING SOURCE AND UDGET CTIVIT NUN�ER CHARGED OR CREDITED: (Mayor's signa-
ture not re-
Total Amount of'Tr nsacti n: quired if under -
' $10,OOQ��
Fu�nding Source:
Activity Number: •
ATTACHMENTS List and Numbe All At achments :
i
1 - RESOLUTION ;
1 - COPY FOR CITY �L RK � _ ;
l - COPY ATTACHMENT i
'I
DEPARTMENT REVIEW CITY A�'TORNEY REVIEW
�_Yes No Council Resol ion Re uired? ' Resolution Required? es No
Yes �1Vo Insuran e Req red? Insurance Sufficfient? es No ��
Yes _�No Insuran e Att hed: �
. :: , , . . . . : . .
(S •REVER E SIDE FOR INSTRUCTIONS) . „
Revised 12/84
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I EPENDENT SCHOOL DISTRICT #625 �,
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BOARD OF EDUCATION �
' SAINT PAUL PUBLIC SCHOOLS
DATE: 0 tober , 1986 �
TOPIC: A roval of an m lo ent a reement with 0 erative Plasterers
L cal Un on No. 20
A. PERTINENT F CTS:
1) New reemen is for the three-year period June 1, 1986
throu h May 1, 1989.
2) Contr ct cha ges are as follows:
- rticle XII - Wages: Language change which clarifies
he $6, 00 maximum severance pay.
' - rticle XV - Retirement: States mandatory retirement
, t age eventy. (This is not a change, but a
I larifi ation.)
- rticle XVI - Holidays: New language allowing without
enefit employees to work on minor holidays at straigh
I ime.
- endi C - Wa es: Total package increase of 50� per
our fo each year. This is based on the prevailing
ates s ttlement.
3) The D strict has one employee in this bargaining unit.
4) The e timate cost of this new Agreement has been calculate
by t Payro 1 Department as follows:
- n the 985-86 budget year: $ 105.
- n the 986-87 budget year: $ 1,607.
- 5) Requ ted by Phyllis E. Byers, Negotiator.
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B. REC MMEND ION: That the Board of Education of Independent
- Sch ol Di trict No. 625 approve and adopt the Agreement
con ernin the t rms and conditions of employment of those
emp oyees in thi school district for whom Operative Plasterers
Locial Uni n No. 0 is the exclusive representative; duration of
said Agre ment i for the period June 1, 1986 through May 31,
1989.
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. CI Y OF SgI,TT PAUL
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:,,'�;:`n � ' o c� o� Ts� cz� co�vcu.
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�ommi�te� Report
F��. ce ana eme�t & Persannel Committee.
DECEMBER 11, 1986
1. Approval o minu es fro meeting held November 26, 1986. a roved
2. Resolution conse ting t the issuance of Port Authority Revenue Bonds
in the amount of $25,00 ,000 to finance the purchase of two office bui ings
from Space Cente Inc. a roved
3. Resolutio appro ing th issuance of Port Authority Revenue Bonds in t
amount of $628,0 0 to f'nance the construction of an affice, manufactu ing
and wareho'use fa ility or S & S Partnership in Riverview Industrial P rk.
approved
4. Resolutiox� amend ng the 1986 budget by adding $46,623 to the Financing Plan
. � and to �th Spend ng P1� for General Government Accounts = Housing Inf rmation -
Office. a r ed � '
� �5. Resolu�ion amend ng the 1986 budget--by adding $28,6'30 to the Financing Plan .
� and to the Spend ng Pla for General Fund - Finance and Management Se ices -
Housing Informat on Off ce. approved
6. Resolutio amend ng the 1986 budget by adding $4,000 to the Financing lan
and to th Spend ng Pla for City Attorney - Outside Services. a oved
7. Resolution amend'ng the 1986 budget by adding $20,000 to the Financing Plan
� and to th� Spend ng Pla for Parks and Recreation - Private Donations. "
a roved
8. Resolutio amend ng the 1986 budget by adding $42,938 to the Financing Plan
and to th Spen 'ng Pla - Police Accreditation. approved
9. Resolution amen ing the 1986 budget by adding �42,938 to the Financing Plan
and to the Spen ing Pla for Speci.al Projects - Police AccreditaCion. ap roved
10. Resolutio amen ing the 1986 budget by adding $118,910 to the F�nancin Plan
and to th Spen ing P1 for Public Works - Engineering. a roved
li. .�solutio�a appr ving t 1986-1989 Nsiatenance Lab.er. A,gree��t �et�e ,�
'IndegeAde�t Sch l Dis ict 625 and Plasterera Local I�o. 20. a Z
12. Resoluti amen ing th 1986 budget by transferring $2$,000 from Cont' gent
Reserve o Co� nity S rvices - Public Health for the Lead Study Prog m.
a ro ed
C�TY HAI-L , �iTH Fi.00R SAL�i'r PAUI, OT�.SSI02
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I N D E X
ARTICLE ITLE AGE
reambl iii
I urpose 1
II ecogni ion 1
III mploye Rights 1
IV nion R ghts 2
� V cope o the Agreement 2
VI robati nary Periods 3
� VII hiloso hy of Employment and Compensation 3
- VIII ours o Work 4
IX ertim 5
X all Ba k 5
XI ork Lo ation 6
XII ages 7
XIII ringe enefits 10
XIV electi n of Foreman and General Foreman 10
XV etirem nt 10
• XVI oliday 11
XVII iscipl nary Procedures 13
XVIII bsence from Work 13
XIX eniori y 14
XX urisdi tion 15
XXI eparat on 15
XXII ools 15
XXIII rievan e Procedure 16
XXIV ight o Subcontract 19
XXV on-dis rimination 19
XXVI everab lity 19
XXVII aiver 20
• XXVIII ileage Independent School District No. 625 20
XXIX uratio and Pledge 21
' ppendi A A1
ppendi B B1
ppendi C C1-2
ppendi D D1
ppendi 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 the Operative Plasterers
and Cement Masons International Association Local 20, hereinafter referred
to as the UNION.
The EMPLOYER and the UNION concur that this AGREEMENT has as its
ob3ective the promotion of the responsibility of the City of Saint Paul for
the benefit of the general public throvgh 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 is to:
1. 11 Achi e ord rly and peaceful relations, thereby establis ing a
syst of ninterrupted operations and the highest lev 1 of
empl ee pe formance that is consistent with the safet and
well eing o all concerned;
1.12 Set orth r tes of pay, hours of work, and other conditi ns of
emplo ent s have been agreed upon by the EMPLOYER an the
UNIO ;
_ 1. 13 Establish p ocedures to orderly and peacefully resolve di putes
as t the ap lication or interpretation of this AGREEMENT w thout
� loss f manp wer productivity.
1.2 The EMPLO ER and the UNION agree that this AGREEMENT serves as a
supplement to le islation that creates and directs the EMPLOYE . If
any part f this AGREEMENT is in conflict with such legislatio , the
latter sh 11 pr vail. The parties, on written notice, agr e to
negotiate hat pa t in conflict so that it conforms to the stat te as
provided b Artic e 25 (SEVERABILITY).
� ARTICLE II - R OGNITI N
2.1 The II�LO ER rec gnizes the UNION as the exclusive representati e for
collective bargai ing purposes for all personnel having an empl yment
status of egular, probationary, provisional, temporary, and eme gency
employed n the lasses of positions defined in 2.2 as certif ed by
the Bure of Mediation Services in accordance with Cas No.
73-PR-476- dated April 13, 1973.
2.2 The class s of p sitions recognized as being exclusively repre ented
by the UNI N are s listed in Appendix A.
ARTICLE III - LOYER RIGHTS
3. 1 The EMPLO ER ret ins the right to operate and manage all man ower,
• facilities, and e uipment; to establish functions and programs; o set
and amend budget ; to determine the utilization of technolog ; to
establish nd mo ify the organizational structure; to select, d rect,
and dete ine th number of personnel; and to perform any in erent
managerial functi n not specifically limited by this AGREEMENT.
3.2 Any "ter or c ndition of employment" not established by this
• AGREEMENT shall remain with the EMPLOYER to eliminate, modi y or
establish ollowi g 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 suthorize �
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 II�LOYER 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 �LOYER from any
and all claims or charges made against the EMPLOYER as a result
of the implementation of this ARTICLE.
4.2 The UNION may designate one (1) employee from the bargaining unit to -
act as a Steward and shall inform the EMPLOYER in writing of such _
designation. Such employee shall have the rights and responsibilities
as designated in Article 22 (GRIEVANCE PROCEDURE) . �
4.3 Upon notification to a designated EMPLOYER supervisor, the Business
Manager of the UNION or his designated representative shall be
permitted to enter the facilities of the EMPLOYER where employees
covered by this AGREEMENT are working.
ARTICLE V - SCOPE OF THE AGREEMENT
5.1 This AGREEMENT establishes the "terms and conditions of employment" •
defined by M. S. 179.63, Subdivision 18, for all employees exclusively
represented by the UNION. This AGREEMENT shall supersede such "terms
and conditions of employment" established by Civil Service Rule,
Council Ordinance, and Council Resolution.
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ARTICLE VI - PR BATION Y PERIODS
• 6.1 All person el, or ginally hired or rehired following separation, in a
regular e loymen status shall serve a six (6) months' probat onary
period dur ng whi h time the employee's fitness and ability to p. rfo.rm
the class of ositions' duties and responsibilities shal be
evaluated.
6.11 At a time during the probationary period an employee y be
termi ated a the discretion of the EMPLOYER without appe 1 to
the p ovisio s of Article 22 (GRIEVANCE PROCEDURE).
6.12 An e ployee terminated during the probationary period shall
. recei e a wr tten notice of the reason(s) for such terminat on, a
copy f whic shall be sent to the UNION.
6.2 All perso el pr oted to a higher class of positions shall se e a
six (6) mo ths' p omotional probationary period during which ti the
employee's fitne s and ability to perform the class of posi ions'
duties and respon ibilities shall be evaluated.
6.21 At a y tim during the promotional probationary peri d an
emplo ee may be demoted to the employee's previously-held class
of po itions at the discretion of the EMPLOYER without app al to
the p ovisio s of Article 22 (GRIEVANCE PROCEDURE).
• 6.22 An e loyee demoted during the promotional probationary eriod
shall be re urned to the employee's previously-held cla s of
posit ons an shall receive a written notice of the reason for
demot on, a opy of which shall be sent to the UNION.
ARTICLE VII - P ILOSOP Y OF EMPLOYMENT AND COMPENSATION
7. 1 The EMPLOY R and he UNION are in full agreement that the phil sophy
of emplo ent an compensation shall be a "cash" hourly wag and
"industry" fringe benefit system.
7.2 The EMPLOY R sha 1 compensate employees for all hours worked a the
basic hou ly wag rate and hourly fringe benefit rate as fou d in
Article 12 (WAGES and Article 13 (FRINGE BENEFITS).
7.3 No other c mpensa ion or fringe benefit shall be accumulated or arned
, by an empl yee ex ept as specifically provided for in this AGRE ENT;
except th se e loyees who have individually optioned t be
"grandfath red" a 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 judgment to establish second and third shifts or a work
week of other than Monday through Friday, the UNION agrees to enter
into negotiations immediately to establish the conditions of such
shifts and/or work weeks.
8.4 This section shall not be construed as, and is not a guarantee of, any -
hours of work per normal work day or per normal work week.
8.5 All employees shall be at the location designated by their supervisor, •
ready for work, at the established starting time and shall remain at
an assigned work location until the end of the established work day
unless otherwise directed by their supervisor.
8.6 All employees are sub3ect to call-back by the EMPLOYER as provided by
Article 10 (CALL BACK) .
8.7 Employees reporting for work at the established starting time and for
whom no work is available shall receive pay for two (2) hours, at the •
basic hourly rate, unless notification has been given not to report
for work prior to leaving home, or during the previous work day.
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ARTICLE IX - OV RTIME
• 9. 1 All overt me co pensated for by the EMPLOYER must receive prior
suthorizat on fro a designated EMPLOYER supervisor. No overtim work
claim wil be onored for payment or credit unless approv d in
advance. over ime claim will not be honored, even though sh wn on
the time c rd, un ess the required advance approval has been obt ined.
9.2 The overti e rate of one and one-half (1'�) the basic hourly rate shall
be paid fo work erformed under the following circumstances:
9.21 Time orked in excess of eight (8) hours in any one norma work
day, nd
� 9.22 Time orked n a sixth (6th) day following a normal work we k.
9.3 The overti e rate of two (2) times the basic hourly rate shall b paid
for work p rforme under the following circumstances:
9.31 Time orked n a holiday as defined in Article 15 (HOLIDAYS ;
9.32 Time orked n a seventh (7th) day following a normal work eek;
and
9.33 Time worked in excess of twelve (12) consecutive hours in a
twent -four (24) hour period, provided that all "emergency' work
requi ed by 'Acts of God" shall be compensated at the rate f one
• and o e-half (1'�) .
9.4 For the p rposes of calculating overtime compensation, overtime hours
worked sha 1 not e "pyramided", compounded or paid twice for th same
hours wor d.
9.5 Overtime ours w rked as provided by this ARTICLE shall be p id in
cash or i compen atory time at the option of the EMPLOYER.
ARTICLE X - CA BACK
10. 1 The EMPLO ER re ains the right to call back employees befo e an
employee as sta ted a normal work day or normal work week and after
- an employe has c mpleted a normal work day or normal work week.
10.2 Employees called ack shall receive a minimum of four (4) hour ' pay
' at the ba c hour y rate.
10.3 The hours worke based on a call-back shall be compensat d in
accordanc with rticle 9 (OVERTIME) , when applicable, and subj ct to
the minim estab ished by 10.2 above.
10.4 Employees called back four (4) hours or less prior to their ormal
� work day hall c mplete the normal work day and be compensate only
for the o rtime ours worked in accordance with Article 9 (OVER IME) .
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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 EMPLOYER. _
11.2 Employees assigned to work locations during the normal work day other
than their original assignment, and who are required to furnish their
own transportation, shall be compensated for mileage.
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ARTICLE XII - W GES
, 12.1 The basic ourly 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 subject t all
other pro sions of the AGREEMENT, but shall not have hourly ringe
benefit c ntribu ions and/or deductions made on their beha f as
provided f r by A ticle 13 (FRINGE BENEFITS).
12.21 Ins rance enefits as established by City of Saint Paul
Res lution including life, hospital, and health insuranc for
ear y reti ees who have retired since June 1, 1978. In o der
- to e elig ble for the health benefits under the early re iree
pro ision, the employee must:
� 12. 1.1 Be receiving benefits from a public employee reti ement
• ac at the time of retirement.
12. 1.2 Ha e severed his relationship with the City of Sa' t
Pa 1 and Independent School District No. 625 unde one
of the early retiree plans.
12. 1.3 In orm the Personnel Office of the City of Saint aul
in writing within 60 days of employee's early
re irement date that he or she wishes to be el gible
� fo early retiree insurance benefits.
12.22 Sic leave as established by the Civil Service Rules, Sec ion 20.
12.23 Vac tion a established by the Saint Paul Salary Plan and
Rat s of C mpensation, Section I, Subdivision H.
12.24 Ten (10) 1 gal holidays as established by the Saint Paul alary
Pla and R tes of Compensation, Section I, Subdivision I.
12.25 Sev rance enefits as established by the School District'
Sev rance ay Plan with a maximum payment of $4,000. or a
est blishe by Section 12.26 of this Article.
12.26 Sev rance a : Provisions effective Se tember 1, 1984. e
- Emp oyer s all provide a severance pay program as set for h in
thi Secti n:
' 12. 6.1 To be eligible for the severance pay program, an
em loyee must meet the following requirements:
12 26. 11 The employee must be 58 years of age or older
or must be eligible for pension unde the
"rule of 85" or the "rule of 90" prov sions
of the Public Employees Reti ement
• Association (PERA). The "rule of 85" o the
"rule of 90" criteria shall also app y to
employees covered by a public pension plan
other than PERA.
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Article XII - Wages (continued)
12.26.12 The employee must be voluntarily separated �
from School District employment or have been
subject to separation by layoff or compulsory _
retirement. Those employees who are dis-
charged for cause, misconduct, inefficiency,
incompetency or any other disciplinary reason
are not eligible for this severance pay
program.
12.26.13 The employee must have at least ten (10)
years of consecutive service under the
classified or unclassified Civil Service at
the time of separation. For the purpose of
this Article, employment in either the City
of Saint Paul or in Independent School
District No. 625 may be used in meeting this
ten- (10) year service requirement. �
12.26.14 The employee must file a waiver of re-
employment with the Director of Personnel,
which will clearly indicate that by
requesting severance pay, the employee waives
all claims to reinstatement or re-employment
(of any type) with the City of Saint Paul or
with Independent School District No. 625.
12.26.15 The employee must have accumulated a minimum •
of sixty (60) days of sick leave credits at
the time of his separation from service.
12.26.2 If an employee requests severance pay and if the
employee meets the eligibility requirements set forth
above, he or she will be granted severance pay in an
amount equal to one-half of the daily rate of pay for -
the position held by the employee on the date of
separation for each day of accrued sick leave sub3ect
to a maximum total payment of $6,500.
12.26.3 For the purpose of this severance pay program, a death
of an employee shall be considered as separation of
employment and, if the employee would have met all of -
the requirements set forth above at the time of his or
her death, payment of the severance pay may be made to
the employee's estate or spouse. '
12.26.4 For the purpose of this severance pay program, a
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. .
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Article XII - W ges (c ntinued)
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12.26.5 he man er of payment of such severance pay shall be m de in
ccorda ce with the provisions of the School Di trict
everan e Pay Plan already in existence.
12.26.6 is se erance pay program shall be subject to and gov rned
y the rovisions of the original School District Sev rance
ay P1 n (which allows $4,000 maximum payment) exce t in
hose ses where the specific provisions of this s ction
onflic with said Severance Pay Plan and in such case , the
rovisi ns of this section shall control.
' 12.26.7 y emp oyee hired prior to February 15, 1974 may, in ny
. vent, nd upon meeting the qualifications of this s ction
r the original School District Basic Severance Pay Plan
" (which llows $4,000 maximum payment), draw severance pay.
. owever an election by the employee to draw severan e pay
nder ither this section or the basic School Di trict
everan e Pay Plan shall constitute a bar to rec iving
everan e pay from the other.
12.26.8 empl yee of Independent School District No. 625 sha 1 not
e elig ble for the severance pay provision of this s ction
f such employee is also eligible and a recipient of Early
etirem nt Incentive payment under the Memorandu of
• greeme t with the exclusive representative ated
ecembe 1, 1983.
12.3 Regular em loyees not covered by the fringe benefits listed in A ticle
12.2 shal be onsidered, for the purposes of this AGRE ENT,
participat ng em loyees and shall be compensated in accordance with
Article 1 .l (W ES) and have fringe benefit contributions nd/or
deductions made o their behalf as provided for by Article 13 ( RINGE
BENEFITS).
12.4 Provisiona , tem rary, and emergency employees shall be consi ered, _
for the p poses f this AGREEMENT, participating employees and shall
be compens ted in accordance with Article 12.1 (WAGES) and have ringe
benefit c ntribu ions and/or deductions made in their beha f as
provided f r by A ticle 13 (FRINGE BENEFITS).
12.5 Al1 regul r empl yees employed after February 15, 1974, sha 1 be
considered, for t e purpose of this AGREEMENT, participating emp oyees
- and shall be com ensated in accordance with Article 12.1 (WAGES) and
have frin e benefit contributions and/or deductions made on their
behalf as rovide 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 of Foreman shall
remain solely with the EMPLOYER. ,
ARTICLE XV - RETIREMENT '
15. 1 All employees shall retire from employment with the ENIPLOYER no later
than the last calendar day of the month in which an employee becomes
seventy (70) years old.
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ARTICLE XVI - H IDAYS
� 16.1 The follow g ten (10) days shall be designated as holidays:
New Y ar's Da , January 1
Marti Luthe King Day, Third Monday in January (effective 986)
Presi ents' y, Third Monday in February � "
Memor al Day, Last Monday in May
Indep ndence ay, July 4
Labor Day, First Monday in September
Colum us Day, Second Monday in October
Veter ns' Da , November 11
Thank giving ay, Fourth Thursday in November
Chris mas Da , December 25.
� 16.2 When New ear's ay, Independence Day or Christmas Day falls on a
- Sunday, t e foll wing Monday shall be considered the desig ated
holiday. en an of these three (3) holidays falls on a Satu day,
the preced ng Fri ay shall be considered the designated holiday.
16.3 The ten (1 ) holi ays shall be considered non-work days.
16.4 If, in th 3udg ent of the ENIPLOYER, personnel are necessar for
operating r emer ency reasons, employees may be scheduled or "c lled
back" in a cordan e with Article X (CALL BACK).
16.5 Participat ng emp oyees as defined in Articles 12.3, 12.4, and 12.5
assigned t work n Martin Luther King Day, Presidents' Day, Col mbus
� Day or Vet rans' ay shall be compensated on a straight-time basi for
such hours worked
16.6 Such part cipati g employees assigned to work on New Year's Day,
Memorial ay, I dependence Day, Labor Day, Thanksgiving Da or
Christmas ay sha 1 be compensated at the rate of two (2) time the
basic hour y rate for such hours worked.
16.7 If an emp oyee ther than a participating employee entitled to a
holiday is requir d to work on Martin Luther King Day (effecti e in
1986) , Pr sidents' Day, Columbus Day or Veterans' Day, he sha 1 be
granted an ther d y off with pay in lieu thereof as soon thereaft r as
the conven ence of the department permits, or he shall be paid on a
straight-t me bas s for such hours worked, in addition to his r ular
holiday pa .
If an emp oyee ther than a participating employee entitled to a
holiday i requ red to work on New Year's Day, Memorial Day,
Independen e Day, Labor Day, Thanksgiving Day or Christmas Da , he
shall be recompe sed for work done on this day by being g anted
compensato y time on a time-and-one-half basis or by being paid on a
time-and-o e-half basis for such hours worked, in addition t his
regular ho iday p y.
Eligibilit for oliday pay shall be determined in accordance with
� Section I Subse tion I of the Saint Paul Salary Plan and Rat s of
Compensati n.
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Article XVI - Holidays (continued)
16.8 In the case of Board of Education employees, if Martin Luther King �
Day, Presidents' Day, Columbus Day or Veterans' Day falls on a day
when school is in session, the 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.
•
�
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(�" � -1h� 7
ARTICLE XVII - ISCIPL NARY PROCEDURES
� 17.1 The EMPLO ER sha 1 have the right to impose disciplinary actio s on
employees or jus cause.
17.2 Disciplina y acti ns by the EMPLOYER shall include only the fol owing
actions:
17.21 ral re rimand;
17.22 ritten reprimand;
17.23 uspens on;
17.24 emotio ;
17.25 ischar e.
17.3 Employees who ar suspended, demoted or discharged shall hav the
� right to equest that such actions be reviewed by the Civil S rvice
. Commission or a designated Board of Review. The Civil S rvice
Commission or a designated Board of Review shall be the sol and
� exclusive eans o reviewing a suspension, demotion or discharg . No
appeal of a susp nsion, demotion or discharge shall be conside ed a
"grievance ' for he purpose of processing through the provisio s of
Article 23 (GRIEV CE PROCEDURE).
• ARTICLE XVIII - ABSENC S FROM WORK
18.1 Employees ho are unable to report for their normal work day ha e the
responsibi ity to notify their supervisor of such absence as s n as
possible, ut in o event later than the beginning of such work ay.
18.2 Failure t make uch notification may be grounds for discipli e as
provided i Artic e 17 (DISCIPLINARY PROCEDURES).
18.3 Failure t repo t for work without notification for thre (3)
consecutiv norm 1 work days may be considered a "quit" b the
EI�LOYER o the p rt of the employee.
�
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ARTICLE XIX - SENIORITY
19.1 Seniority, for the purposes of this AGREEMENT, shall be defined as ,
follows:
19. 11 "Master Seniority" - The length of continuous regular and
probationary service with the EMPLOYER from the last date of
employment in any and all class titles covered by this
AGREEMENT.
19. 12 "Class Seniority" - The length of continuous regular and
probationary service with the EMPLOYER from the date an
employee was first appointed to a class title covered by this
AGREEMENT.
19.2 Seniority shall not accumulate during an unpaid leave of absence, •
except when such a leave is granted for a period of less than thirty
(30) calendar days; is granted because of illness or 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 previously held, 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.
•
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ARTICLE XX - JU ISDICT ON
• 20. 1 Disputes oncern g work �urisdiction between and among unio s is
recognized as an ppropriate subject for determination by the va ious
unions rep esenti g employees of the II�IPLOYER. _
20.2 The EMPLO ER ag ees to be guided in the assignment of work
�urisdicti n by a y mutual agreements between the unions involved.
20.3 In the eve t of a dispute concerning the performance or assignme t of
work, the unions involved and the II�IPLOYER shall meet as so n as
mutually p ssible to resolve the dispute. Nothing in the fore oing
shall rest ict t e right of the EI�LOYER to accomplish the wo k as
originally assign d pending resolution of the dispute or to res rict
the ENIPLOY R'S ba ic right to assign work.
20.4 Any employ e refu ing to perform work assigned by the EMPLOYER a d as
� clarified by Se tions 20.2 and 20.3 above shall be sub�e t to
disciplina y action as provided in Article 17 (DISCIP INARY
PROCEDURES .
20.5 There shal be n work stoppage, slow down or any disruption of work
resulting rom a ork assignment.
. ARTICLE XXI - S PARATI N
21.1 Employees aving probationary or regular employment status sha 1 be
considered separa ed from employment based on the following actio s:
21. 11 Res natio . Employees resigning from employment shall gi e
written notice fourteen (14) calendar days p ior
to the effective date of the resignation.
21.12 Dis har e. As provided in Article 17.
21.13 Fai ure to Re ort for Dut . As provided in Article 18.
21.2 Employees having an emergency, temporary or provisional emplo ent
status may be te inated at the discretion of the II�LOYER befor the
completion of a n rmal work day.
ARTICLE XXII - OOLS
22.1 All employ es sh 11 personally provide themselves with the too s of
• the trade s list d in Appendix B.
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ARTICLE XXIII - GRIEVANCE PROCEDURE
23.1 The EMPLOYER shall recognize Stewards selected in accordance with •
UNION rules and regulations as the grievance representative of the
bargaining unit. The UNION shall notify the EMPLOYER in writing of
the names of the Stewards and of their successors when so named.
23.2 It is recognized and accepted by the EI�LOYER and the UNION that the
processing of grievances as hereinafter provided is limited by the �ob
duties and responsibilities of the employees and shall therefore be
accomplished during working hours only when consistent with such
employee duties and responsibilities. The Steward involved and a
grieving employee shall suffer no loss in pay when a grievance is
processed during working hours, provided the Steward and the employee
have notified and received the approval of their supervisor to be
absent to process a grievance and that such absence would not be .
detrimental to the work programs of the EMPLOYER.
23.3 The procedure established by this ARTICLE shall be the sole and
exclusive procedure, except for the appeal of disciplinary action as
provided by 17.3, for the processing of grievances, which are defined
as an alleged violation of the terms and conditions of this AGREEMENT.
23.4 Grievances shall be resolved in conformance with the following
procedure:
Step 1. Upon the occurrence of an alleged violation of this
AGREEMENT, the employee involved shall attempt to resolve •
the matter on an informal basis with the employee's
supervisor. If the matter is not resolved to the employee's
satisfaction by the informal discussion, it may be reduced
to writing and referred to Step 2 by the UNION. The written
grievance shall set forth the nature of the grievance, the
facts on which it is based, the alleged section(s) of the
AGREEMENT violated, and the relief requested. Any alleged
violation of the AGREEMENT not reduced to writing by the
UNION within seven (7) calendar days of the first occurrence
of the event giving rise to the grievance or within the use
of reasonable diligence should have had knowledge of the
first occurrence of the event giving rise to the grievance,
shall be considered waived.
SteP 2. Within seven (7) calendar days after receiving the written �
grievance, a designated Employer Supervisor shall meet with
the Union Steward and attempt to resolve the grievance. If,
as a result of this meeting, the grievance remains •
unresolved, the 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 EI�LOYER'S
written answer. Any grievance not referred in writing by
the UNION within seven (7) calendar days following receipt
of the EMPLOYER'S answer shall be considered waived. .
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Article XXIII - Grieva ce Procedure (continued)
, Step 3. ithin even (7) calendar days following receipt of a
rievan e referred from Step 2, a designated LOYER
upervi or shall meet with the UNION Business Manager r his
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 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
sil t mutually agree upon an arbitrator within the said
even- (7) day period, either party may request the ublic
mployn 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.
23.5 The arbitr tor sh 11 have no right to amend, modify, nullify, i nore,
add to o subt ct from the provisions of this AGREEMENT. The
arbitrator shall onsider and decide only the specific issue sub itted
in �riting by th EMPLOYER and the UNION and shall have no aut ority
to make deci ion on any other issue not so submitted. The
arbitrator shall be without power to make decisions contrary o or
inconsiste t with or modifying or varying in any way the appli ation
of laws, r les or regulations having the force and effect of law. The
arbitrator s deci ion shall be submitted in writing within thirt (30)
days follo ing cl se of the hearing or the submission of briefs y the
parties, w icheve be later, unless the parties agree to an exte sion.
� The decisi n shal be based solely on the arbitrator's interpre ation
or applica ion of the express terms of this AGREEMENT and to the facts
of the gr evance presented. The decision of the arbitrator sha 1 be
final and inding on the EMPLOYER, the UNION, and the employees.
.
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Article XXIII - Grievance Procedure (continued)
23.6 The fees and expenses for the arbitrator's services and proceedings �
shall be borne equally by the EI�LOYER and the UNION, provided that
each party shall be responsible for compensating its own
representative and witnesses. If either party cancels an arb-itration
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.
�
•
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�'(a-/���
ARTICLE XXIV - IGHT 0 SUBCONTRACT
� 24.1 The EMPLOY R may, at any time during the duration of this AGRE ENT,
contract o t work done by the employees covered by this AGREEMEN . In
the event that s ch contracting would result in a reduction o the
work forc cover d by this AGREEMENT, the EMPLOYER shall giv the
UNION a inety (90) calendar day notice of the intentio to
subcontrac .
24.2 The subco tracti of work done by the employees covered by this
AGREEMENT hall i all cases be made only to employers who quali y in
accordance with 0 dinance No. 14013.
. ARTICLE XXV - N N-DISC IMINATION
25. 1 The terms and onditions of this AGREEMENT will be appli d to
employees qually without regard to or discrimination for or aga nst,
any indivi ual be ause of race, color, creed, sex, age or becau e of
membership or non membership in the UNION.
25.2 Employees will erform their duties and responsibilities n a
non-discri inator manner as such duties and responsibilities i olve
• other empl yees a d the general public.
ARTICLE XXVI - EVERAB LITY
26.1 In the eve t that any provision(s) of this AGREEMENT is declared o be
contrary o law by proper legislative, administrative or ju icial
authority from w ose finding, determination or decree no appe 1 is
taken, suc provi ion(s) shall be voided. All other provisions shall
continue i full orce and effect.
26.2 The partie agree to, upon written notice, enter into negotiatio s to
place the voided provisions of the AGREEMENT in compliance wit the
� legislativ , admi istrative or �udicial determination.
�
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ARTICLE XXVII - WAIVER
27.1 The EMPLOYER and the UNION acknowledge that during the meeting and �
negotiating which resulted in this AGREEMENT, each had the right and
opportunity to make proposals with respect to any 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.
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 ount. 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.
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�� -/�6 �
ARTICLE X'e�IX - RATION AND PLEDGE
� I
29. 1 This AGRE ENT s 11 become effective as of the date of sig ing,
exce t as pecifi ally provided otherwise in Articles 12 and 13 and
shal rema in ef ect through the 31st day of May, 1989, and con inue
in effect rom ye r to year thereafter unless notice to change r to
term nate s given in the manner provided in 29.2.
29.2 If ither party desires to terminate or modify this AGRE ENT
effe�tive s of t date of expiration, the party wishing to modi y or
term�nate he AGR EMENT shall give written notice to the other p rty,
not more t an nin ty (90) or less than sixty (60) calendar days rior
to the exp ration date, provided that the AGREEMENT may only e so
terminated or mod fied effective as of the expiration date.
29.3 In conside ation f the terms and conditions of employment establ shed
by this A EMENT and the recognition that the GRIEVANCE PROC DURE
- herein est blishe is the means by which grievances concernin its
applicatio or in erpretation may be peacefully resolved, the pa ties
hereby ple ge tha during the term of the AGREEMENT:
29.3'1 The UNION nd the employees will not engage in, instigate r
' con one an concerted action in which employees fail to re ort
for duty, illfully absent themselves from work, stop work
slo down heir work or absent themselves in whole or part from
the full, aithful performance of their duties of employme t.
� 29. 2 The EMPLOY R will not engage in, instigate or condone any
loc out of employees.
29.3i3 Thi const tutes a tentative AGREEMENT between the parties
whi h will be recommended by the School Board Negotiator, ut
is ubject to the approval of the Board of Education and i
als subje t to ratification by the UNION.
AGREED to his day of��e"�°' , 1986, and attested to as the full
and complete u dersta ing of the parties for the period of time h rein _
specified by he si ature of the following representatives fo the
EMPLOYER and th UNION
WITNESSES•
INDEPEND�NT SCH OL DIS RICT N0. 625 OPERATIVE PLASTERERS AND CEMEN
• MASONS INTERNATIONAL ASSOCIAT ON
LOCAL 20
�
School B ard Ne otiato Business Repre t tive
� •
C a rman, Boa du ation
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� ��- 1G67
APPENDIX A
• The class s of positions recognized by the EMPLOYER as being
exclusiv ly rep esente by the UNION are as follows:
Plast rer
Plast rer In pector
and othelr clas es of positions that may be established by the LOYER
where the dutie and r sponsibilities assigned come within the jurisd ction
of the U1�ION.
•
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��-i��r
APPENDIX C
• The basic ourly age rate for provisional, regular, and probat onary
employees appoi ted to the following classes of positions and not rec iving
the fringe bene its li ted in Article 12.2 shall be:
Effective Effective Effect e
June 7, 1986 June 6, 1987 June 4, 1988
Plasterer . . . . . . $16.73* $17.21* $17.6 *
Plasterer Inspe tor . .
ls step 16.73* 17.21* 17.6 *
2n step 17.21* 17.69* 18. 17*
3r step 18.84* *** ***
The basic hourly wage rate for temporary and emergency emp oyees
appointed to th follo ing classes of positions shall be:
Effective Effective Effect e
June 7, 1986 June 6, 1987 June 4, 1988
Plasterer . . . . . . $17.40* $17.90* $18.4 *
Plasterer Inspe tor . .
ls step $17.40* 17.90* 18.4 *
2n step 17.90* 18.40* 18.9 *
� 3r step 19.59* *** ***
The basic hourly wage rate for regular employees appointed t the
following class s of p sitions who are receiving the fringe benefits isted
in Article 12.2 shall e:
Effective Effective Effect e
June 7, 1986 June 6, 1987 June 4, 1988
Plasterer . . . . . $16.43 ** **
Plasterer Inspe tor .
ls step 16.43 ** � **
2n step 16.84
3r step 18.66
i
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Appendix C (continued)
* These rates include the taxable vacation contribution of $1.50 per •
hour.
** The June 6, 1987 and June 4, 1988 hourly wage rates in this contract
will be the rates as shown below less the cost of sick leave usage for
1986 and 1987 and less the cost of health and life insurance for the
periods May, 1986 through April, 1987 and May, 1987 through April,
1988 respectively and vacation and pension costs for 1987 and 1988
respectively incurred by the employer for employees in this bargaining
unit.
June 6, 1987 June 4, 1988
Plasterer $21.12 $21.62
Plasterer Inspector •
lst step $21. 12 $21.62
2nd step $21.62 $22. 12
3rd step Average of the 1987 and 1988
respective total package rates
used by the City for
Carpenter Foreman,
Electrician Foreman,
Sheet Metal Worker Foreman,
Plumber Foreman �
and
Plasterer Foreman.
*** The June 6, 1987 and June 4, 1988 temporary and emergency 3rd step
hourly wage rates shall be the average of the 1987 and 1988 temporary
and emergency rates used for the Carpenter Foreman,
Electrician Foreman,
Plumber Foreman,
Plasterer Foreman
and
Sheet Metal Worker Foreman.
The June 6, 1987 and June 4, 1988 regular without benefit 3rd step rates
shall be the temporary and emergency rate divided by 1.04.
All Plasterer Inspectors shall be paid the appropriate step in accordance
with Section I (one), Subsection J of the Saint Paul Salary Plan and Rates
of Compensation. '
i
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�-IGG7
APPENDIX D
• Eff�ctive une 1, 1986, the EMPLOYER shall:
(1) ontrib te $1.50 per hour from which payroll deductions have
een ma e for all hours worked by participating employe s as
efined in Articles 12.3, 12.4, and 12.5 of this AGRE NT,
or a U ion-designated Vacation Fund.
' (2) ontrib te $1.80 per hour for all hours worke by
artici ating employees as defined in Articles 12.3, 12.4,
nd 12. of this AGREEMENT to a Welfare Fund.
(3) ontrib te $1.40 per hour for all hours worke by
artici ating employees as defined in Articles 12.3, 12.4,
nd 12. of this AGREEMENT to the Pension Fund.
(4) ontrib te $ .02 per hour for all hours worked by
• artici ating employees as defined in Articles 12.3, 12.4,
nd 12.5 of this AGREEMENT to the Journe an and
rent ceshi Trainin Fund.
Alljcontri utions and deductions made in accordance with this Ap ndix
shall be ,forwar ed to epositories as directed by the UNION.
The EMPLO ER sha 1 establish Workers' Compensation and Unemplo ent
Compensa ion pr grams s required by Minnesota statutes.
• The EMPLOY R'S fr nge benefit obligation to participating employ s as
defined n Art cles 1 .3, 12.4, and 12.5 is limited to the contrib tions
and/or educti ns est blished by this AGREEMENT. The actual lev 1 of
benefits '',provid d the mployees shall be the responsibility of the Tr stees
of the �arious funds to which the II�LOYER has forwarded contrib tions
and/or deductio s.
The above ontrib tions may be changed as agreed to by both pa ties;
however, the t tal pa kage (base rate plus fringe benefit contributions)
cannot exceed t e tota package rate listed in Appendix "C".
.
�,
�
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�, �/G�7
APPENDIX E
� '
I ORKIN CONDITIONS FOR PLASTERER INSPECTOR
As a res lt of the 1974 settlement, the Parties have estab ished
craft-de ermin rat s for Plasterer Inspectors, with the sp cific
understa ding hat su h agreement is restricted to establishing ra es of
pay for uch c ssific tions.
It is, co sequen ly, agreed that the Employer in applying Artic e III
- EMPLOYER RIG TS of he MAINTENANCE LABOR AGREEMENT, shall have the right
to operate the epartm nt in the same manner as heretofore, with mana ement
rights unaffec ed, an that the establishment of separate rates for these
classifications as ell as for Inspector classifications in other
� bargaining unit , may ot result in disputes over assignments or over rates
of pay for ork p rformed, nor will any �urisdictional clai s or
' restrictions b assert d by the UNION because members of various Ins ector
classification are ssigned to work which is also performed by other
Inspector class'ficati ns.
•
I
.
�',
•
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