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99-891Council File # q�' $g � QRIGII�A�. Presented by___�� Referred To Green Sheet # 08900 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Committee Date 1 2 3 4 RESOLVED, that the Council of the CiTy of Saint Paul hereby approves and ratifies the attached May 1, 1998 through Apri130, 2001 Maintenance Labor Agreement between the City of Saint Paul and Operative Plasterers and Cement Masons International Association, Local #633. Requested by Department of: Office of Labor Relations BY: �� _ �{N� Adoption Certified by Councii Secretary � Appi � Adopted by Council: Date ��- �. � \q�� Form Approve City Attorney \ $y — - �i�(3��'S�l DEPARTMEIiT/OFFICF/COUNCIL: DATE INTfIATED ✓ LABORRELATIONS September 1, 1999 GREEN SHEET No.: 08900 qq-�) CONTACT PERSON & PHONE: q Ilvmnimn7'E In7Y'u[iDwiE 7ULIE KRAUS 266-6488 � ASS7GN 1 DEPAR7'MENT DIlt 4 CITY CAUNCIL NOMBER 2 CITY ATTORNEY CITY CLERK BUDCET DIR FIN. & MGT. SERVICE DIR. MUST BE ON COUNCIL AGENDA BY (DATL� Rp�ING 3 MAYOR (OR ASST.) � ' ORDER TOTAL t! OF SIGNATURE PAGES_1 (Ci.IP ALL LOCATIONS FOR SIGNATI7RE) ncrion xx�vasrsn: This resolution approves the attached May 1, 1998 through April 3Q 2001 Maintenance Labor Agreement between the City of Saint Paui and Operative Plasterers and Cement Masons Intemational Association, Local #633. RECOMMENDAI'IONS: Approve (A) or Reject (R) PERSONAI, SERVICE CONTRACi'S MIJST P.NSWER THE FOLLOWING QUFSTIONS: _PLANNINGCOMI��IISSION _CIVII.SERVICE COMMISSION 1. HutitispersodSlmeverworkeduuderacontractforthisdepazimmt? CIB CAM1+ffTS£E - Yes No STAFF 2. Has this person/firm ever been a c+ty emPbYce' DISTRICT COURT Yes No Si1PPORTS WHICH COUNCIL OBIECTTVE? 3. Does tLis person/f�m possess a skill not nortnally possessed by any curtrnt ciTy�employee? - Yes No Ezplain all yes enswers on separate sheet and attach to green shee[ INiTIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): ADVANTAGES IF APPROVED: DISADVANI'AGESIFAPPROVED: - � DISADVANTAGES IF iVOT APPROVED: TOTALAMOUNTOFTRANSAGTION: COST/REVENUEBUDGETED: - FUNDINC SOURCE: ACTIVITY NUMBER: FINANCIALINFORMATION:(EXPLAII� _.. �_ �__ _ � COUrsCA Ress�a�h CQ�?PEr " ,;� t� r _ •, ATTACIIMENT TO'IT� GREEN SHEET OPERATIVE PLASTERS AND CEMENT MASONS, LOCAL 633 Below is a sunmiary of tke changes in the collective bargaiuing agreement between the City of Saint Paul and the Operarive Plasters and Cement Masons, Loca1633. Duration: May l, 1998 to April 30, 2001 Wages: Prevailing rate for a three yeaz period. Other changes to the language aze basically of a housekeeping nature for clarification and clean up. .�;."'._ '-... . ..___. _-,;._,... __ '._ . _,. . ,. .. , .� . ... _ _ _ . . , � � � _ � - _��.a�� : - _ � � � - � - �VIAY 1,19�8 TQ-AP�2IL 30, 2001, -� �' �- MAINTE�ANC� LAB(}R AGREEi�'IEN'F -°lieiween � _ .� �_ ` ,'�H� CIT�' �F SATNT PAi1L � and - _ � ,. a � , ,_ ., � �, . , <_ _ £�PE�'TIV� P�AS3'�R�RS;AI�D;C�lYiE1�T l�r�SO1�S : ; ,IN'�'ER.Nr�'�'I(�NAT; �ASSQCIA'I`It11�1, I.QCA� 633 �.',� � � � � � <�` - � � �.._ �. � �. v �\ � ._ • ARTICLE TTTLE PAGE Preamble .................................................ii 1 Purpose .................................................1 2 Recognition ..............................................1 3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Scope of Agreement ........................................2 6 Probationary Periods ........................................2 7 Hours of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 8 Overtime .................................................3 9 Ca1lBack/CallIn ...........................................4 10 Work Location ............................................4 11 Wages ................................................ ..4 12 Fringe Benefits ............................................5 13 Aolidays .................................................5 14 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 15 AbsencesFrom Work .................................. 6 16 Seniority ........................... ... .. ......... . 6 • 17 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 18 Separation .......................... .....................8 19 Tools ...................................................8 20 Grievance Procedure .................................... .. 8 C� 21 Right of Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 I 22 Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . 11 23 Severability ............................... .......... .. 11 24 Waiver .............................. .............. .. 12 25 City Mileage ............ ... ......... .. .... ..........12 26 Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Appendix ........................................... A1 Appendix B ......................................... . B1 Appendix ............................................. C1 Appendix ............................................ D1 i vi PREAMBLE � This Agreement is entered into between the City of Saint Paul, hereinafter refened to as the Employer and Operative Plasterers' and Cement Masons' Internationai Association of the United States and Canada, Local 633, 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 City, the Union, and the individual employees • wiil best serve the needs of the general public. C � J ii ARTICLE 1 - PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to • 1.1(1) Achieve orderly and peacefulrelations,thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concemed; 1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Emptoyer and the Union; 1.1(3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation ofthis Ageement without loss ofproductivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 23 (SEVERABILITY). ARTICLE 2 - RECOG1vITION 2.1 The Employer recognizes the Union as the exciusive representative for colIective bargaining purposes for all personnel having an employment status of regulaz, probationary, provisiona] and temporary employed in the classes of positions defined in • Appendix A as certified by the Bureau of Mediation Services in accordance with Case No 73-PR-525-A dated May 22, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and detemune the number of personnel, and to perform any inherent managerial function not specifically limited by this Agreement 3.2 Any "term or condition of employment" not estabiished by this Agreement shall remain with the Employer to eliminate, modify, or establish following written notification to the Union. • ARTICLE 4 - UNION RIGHTS 4.1 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 empioyee shall have the rights and responsibilities as designated in Article 20 (GRIEVANCE PROCEDURE). • 4.2 Upon norification to a designated Employer supervisor, the Business Manager of the Union, or hislher designated representative shall be percnitted to enter the facIlities of the Employer where employees covered by this Agreement are working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement established 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. ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following sepazation, in a regular employment stazus shall serve a siai (6) month probationary period during which time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.1(1) At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 21 (GRIEVANCE PROCEDURE). • 6.1(2) An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 62 All personnei promoted to a higher class shall serve a six (6) month promotional probationary period during which time the employee's Stness and ability to perform the position's duties and responsibilities shall be evaluated. 6.2(1) At any time during the promotional probationary period an employee may be demoted to the employee's previousiy held class at the discretion of the Employer without appeal to the provisions of Article 20 (GRIEVANCE PROCEDURE). 6.2(2) An employee demoted during the promotional probationary period shall be retumed to the employee's previously held class and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. CJ 2 ARTICLE 7- HOURS OF WORK 7.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute lunch period between the hours of 7:00 a.m. and 5:30 p.m. • 7.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 73 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. 7.4 This section shall not be construed as, and is not a guazantee of, any hours of work per normal work day or per normal work week. 7.5 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. 7.6 Al] employees are subject to call back by the Employer as provided by Article 9(CALL BACK/CALL II�. 7.7 Employees reporting for work at the established starting time and for whom no work is available shali 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. ARTICLE 8 - OVERTIME 8.1 All overtime compensated by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work ciaim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time card, urtiess the required advance approvai has been obtained. 8.2 The overtime rate of one and one-haif (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 82(1) Time worked in excess of eight (8) hours in any one normal work day, and 8.2(2) Time worked on a sixth (6th) day following a normal work week. • 3 ARTICLE 8 - OVERTIlVIE (Continued) 8.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the following circumstances: 83(i) Time worked on a holiday as defined in Article 13 (HOLIDAYS); • 83(2) Time worked on a seventh (7th) day following a normal work week. 8.4 For the purposes of calculating overtime compensation, overtime hours worked shall not be "pyramided" or compounded. Empioyees shall not be paid twice for the same hours. 8.5 Overtime hours worked as provided by this Article shall be paid in cash. ARTICLE 9- CALL BACK/CALL IN 9.1 The Employer retains the right to call in or cali back employees before an empioyee has started a normal work day or normal work week and after an empioyee has completed a normal work day or normal work week. 9.2 Employees called in or cailed back shall receive a minimum of four (4) hours straight time pay at the basic hourly rate or shall be compensated in accordance with Article 8 (OVERTIME), when applicable, whichever is greater. 92(1) Notwithstanding Article 9.2, employees cal]ed in four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated � only for overtime hours worked in accordance with Article 8(OVERTIME). ARTICLE 10 - WORK LOCATION 10.1 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. ARTICLE 11 - WAGES 11.1 The basic hourly wage rates as established by Appendix C shali be paid for all hours worked by an employee. 11.2 Regular, Provisional and temporary employees shall be considered, for the purposes of this Agreement, "Participating Employees" and shall be compensated in accordance with Article 11.1 (WAGES) and have fringe benefit contributions andlor deductions made in their behalf as provided for by Article 12 (FRINGE BENEFITS). • C! ARTICLE 12 - FRINGE BENEFITS 12.1 The Employer shall, for all hours worked, make contributions on behalf of and/or make deductions from the wages of "participating employees" covered by this Agreement in . accordance with Appendix D. ARTICLE 13 - HOLIDAYS 13.1 The following ten (10) days shall be designated as holidays. New Year's Day, January 1 Martin Luther King Day, third Monday in January Presidents' Day, third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veterans' Day, November 1 I Thanksgiving Day, fourth Thursday in November Day ARer Thanksgiving, fourth Friday in November Christmas Day, December 25 13.2 When New Year's Day, Independence Day or Christmas Day falis on a Sunday, the following Monday shall be considered the designated holiday When any ofthese Yhree (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated � holiday. 133 The ten (10) holidays shall be considered non-work days. 13.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or °called in or called back" in accordance with Article 9 (CALL BACK/CALL IN). 13.5 Participating Employees, as defined in Article 11.2, assigned to work on Martin Luther King Day, Presidents' Day, Veterans' Day, or the Day After Thanksgiving, shall be compensated on a straight time basis for hours worked. 13.6 Such Participating Employees assigned to work on New Year s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked � 5 ARTICLE 14 - DISCIPLINARY PROCEDURES 14.1 14.2 The Employer shall have the right to impose disciplinary actions on employees for just cause. Disciplinary actions by the Employer shail include only the following actions: 14.2(1) Oral reprimand. 14.2(2) Written reprimand. 142(3) Suspension. 14.2(4) Demotion. 142(5) Discharge. 14.3 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civi] Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or dischazge. No appeal of a suspension, demotion, or discharge sha(1 be considered a"grievance" for the purpose of processing through the provisions of Article 20 (GRIEVANCE PROCEDLTRE). ARTICLE 15 - ABSENCES FROM WORK 15.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 152 Failure to make such notification may be grounds for discipline as provided in Article 14 (DISCII'LINARY PROCEDURES). 15.3 Failure to report for work without notification for three (3) consecutive normal work days without notification to the Employer may be considered by the Employer to be a"quit" on the part of the employee. ARTICLE 16 - SENIORTTY 16.1 Seniority, for the purposes of this Agreement, shall be defined as follows. 16.1(I) "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. 16.1(2) °Class Seniority" - The length of continuous regular and probationary service with the Empioyer from the date an employee was first appointed to a class title covered by this Agreement ARTICLE 16 - SE1vIORTTY (Continued) 3 • r� L � 16.2 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 ofthe Employer or to an elected or appointed full-time position with • the Union. 16.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 16.4 In the event it is detemuned by the Employer that it is necessary to reduce the work force, employees will be ]aid offby class title within each department based on inverse length of "Class Seniority". Employees laid off shall have the right to reinstatement in any previousiy held lower paid class title covered by this Agreement, provided such employee has greater "Class Seniority" than the employee being replaced. 16.5 The selection of vacation periods shali be made by class title based on length of "Class Seniority", subject to the approval ofthe Employer. ARTICLE 17 - J[7RISDICTION 17.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of the Employer. 17.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. � 173 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute, or to restrict the Employer's basic right to assign work. 17.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 17.2 and 17.3 above shall be subject to disciplinary action as provided in Article 14 (DISCIPLINARY PROCEDURES). 17.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. s � ARTICLE 18 - SEPARATION 18.1 Employees having a probationary or regular employment status shall be considered separated from empioyment based on the foilowing actions: 18.1(I) Resignation. Employees resigning from employment shall give written • notice fourteen (14) calendaz days prior to the effective date of the resignation. 18.1(2) Discharge. As provided in Article 14. 18.1(3) Failure to Report for Duty. As provided in Article I5. 18.2 Employees having a temporary or provisional employment status may be temunated at the discretion of the Employer before the completion of a normal work day. ARTICLE 19 - TOOLS 19.1 All employees shal] personally provide themselves with the tools of the trade as listed in Appendix B. ARTICLE 20 - GRIEVANCE PROCEDURE 20.1 The employer shall recognize the Stewazd selected in accordance with Union rules and regulations as the grievance representative of the bazgaining unit. The Union shall notify � the Employer in writing of the name of the Stewazd and of his/her successor when so determined. 20.2 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 shali 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 203 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article 143, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. • � ARTICLE 20 - GRIEVANCE PROCEDURE (continued) 20.4 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 emp]oyee's supervisor. If the matter is not resolved to the employee's gatisfaction 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 vio]ated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union and submitted to the Employer within seven (7) calendar days of the first occurrence of the event giving rise to the grievance, shall be considered waived. The first occurrence shall be either the actual date of the occurrence or the date by which, through the exercise of reasonable diligence, the Union should have known ofthe alleged violation. 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. Step 3: Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance Within seven (7) calendar days following this meeting, the Employer shatl reply in writing to the Union stating the Employer's answer concerning the grievance If as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not reduced to writing by the Union and submitted to the Employer within seven (7) calendar days following receipt of the Employer's answer shall be waived. � � ARTICLE 20 - GRIEVANCE PROCEDURE (continued) Step 4: If after seven (7) calendar days following the response of the Employer in Step 3 the grievance remains unresolved, the Union, through written notice to the Employer, may reqaest arbitration of the grievance. The arbitration proceedings � shaii be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) cafendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relation Board to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panei. The Union shall strike the first (lst) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the azbitrator. 20.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in wriring within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's � interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision ofthe arbitrator shall be final and binding on the Employer, the Union and the employees. 20.6 The fees and expenses for the arbitrator's services and proceedings shali be bome equaliy • by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 20.7 The time limits in each step of this grocedure may be extended by mutual agreement of the Employer and the Union. � 10 ARTICLE 21 - RIGHT OF SUBCONTRACT 21.1 The Employer may, at any time during the duration of this Agreement, contract out work ` done by the employees covered by this Agreement. In the event that such contracting - • would result in a reduction ofthe work force covered by this Agreement, the Employer shail give the Union a ninety (90) calendar day notice of the intention to subcontract. 212 The subcontracting of work done by the empioyees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 22 - NONDISCRIMINATION 22.1 The terms and conditions of this Agreement wil] be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, disability, or because of inembership or non-membership in the LJNION. 22.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public ARTICLE 23 - SEVERABII.,ITY 23.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative, or judicial authority from whose finding, deternunation, • or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 23.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative, or judicial deternrination. • 11 ARTICLE 24 - WAIVER 24.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject conceming 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. 24.2 The Employer and the Union agree, for the duration of this Agreement, that the other party shall not be obligated to meet and negotiate over any term or conditions of employment whether specifically covered or not specificaliy covered by this Agreement. The Union and Employer may, however, mutually agee to modify any provision of this Agreement. 243 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 25 - CTTY MILEAGE 25.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of Ciry officers and employees for the use oftheir own automobiles in the performance oftheir duties, the following provisions are adopted. 252 Method of Computation: To be eligible for such reimbursement, all officers and . employees must receive written authorization from the Department Head Twe I: If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position In addition, the employee shall be reimbursed $20 per mile for each mile actually driven. If such employee is required to drive an automobile during emgloyment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee sha(I be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. C� 12 ARTICLE 25 - CITY MILEAGE (Continued) Type 2: If an employee is required to use his/her own automobile REGIJLARLY during • employment, the employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $20 per mile driven and shall not be eligible for any per diem. This Artic]e 25.2 shall become effective on the first day of the first month following the date of the signing of this Agreement. 253 The City will provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement p(ans who are required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 25.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement. Such regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly �davits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than . $]00,000/$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on fite with the City Clerk. ARTICLE 26 - DLIRATION AND PLEDGE 26.1 This Agreement shall become effective as of the date of signing, except as specifically provided othenvise in Articles 11 and 12, and shall remain in effect through the 30th day of April, 2001 and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 26.2. 262 If either party desires to temunate or modify this Agreement, the party wishing to modify or terminate the Agreement shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided that the Agreement may only be so terminated or modified effective as of the expiration date ARTICLE 26 - DURATION AND PLEDGE (Continued) � 13 ARTICLE 26 - DURATION AND PLEDGE (Continued) • 263 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances conceming its application or interpretation may be peacefiully resolved, the parties hereby pledge that during the term of the Agreement: 263(1) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfixlly absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithfiil performance of their duties of employxnent. 263(2) The Employer will not engage in, instigate, or condone any lock-out of employees. 26.3(3) This constitutes a tentative agreement between the parties which will be recommended by the D'uector of Labor Relations, but is subject to the approval of the Administration of the City and the City Council and is also subject to ratification by the Union. Agreed to and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representatives for the Employer and the Union. n U WITNESSES: CITI' OF SAINT PAUL � ' Terry altiner Labor Relations Manager OPERATIVE PLASTERERS AND CEMENT MASONS INTERNATIONAL ASSOCIATION, LOCAL 633 �4, ��) %�"'�� Larry Bennett Business Representative Si?�r yq Date • �s- �0- � y Date 14 . ' ' � ►, ._ • The classes of positions recognized by the Employer as being exclusively represented by the Union are as follows: Cement Finisher Apprentice Building Inspector-Cement Finisher and other classes of positions that may be established by the Employer where the duties and responsibilities assigned and are detemuned by the Bureau of Mediation Service to appropriately represented by this bazgaining unit. r1 LJ C� - A1 - APPENDIX B � All necessary hand toois. CJ C� S:� APPENDIX C � • � 1. The basic hourly wage rate for temporary employees appointed to the following classes of positions shall be: Cement Finisher Effective Effective Effective 4/25/98 5/8/99 5/1/2000 (or c�� payrou dvz> $2319* $24.09* ** 2. The basic hourly wage rate for provisional, regular and probationary employees appointed to the following classes of positions shall be: Cement Finisher Effective Effective Effective 4/25/98 5/8/99 S�I�ZOOO (or closesl pallo» �te) $22.05* $22.90* ** * This rate includes the taxable Savings Plan deduction. The basic hourly wage rate for temporary employees whose length of service and earnings require that they be subject to Public Employees Retirement Association contributions shall be the rate shown in this Appendix "C" for such employees in such classes divided by_1.0518. The State of Minnesota has passed legislation to change the Public Employees Retirement Association (PERA) contribution rates for employers and employees When the rates change, the rates listed above will change accordingly. ** Effective 5/1/00 (or closest payroll date) an additional $1.35 per hour shall be added to the total package. The parties will agree prior to that date as to the distribution of the increase between the wages and fringes. �:3E APPENDIX D • Effective Apri125, 1998, the Empioyer shall: (i) contribute to a Health and Welfare Fund $2.66 per hour for all hours worked by participating empioyees. Effective May 8, 1999 this Health and Welfare Fund contribution will increase to $2.76 per hour. (2) contribute to Part A of the Pension Fund $4.15 per hour for all hours worked by participating employees. Effective May 8, 1999 this Pension Fund contribution will increase to $4.50 per hour. (3) deduct for a Savings Plan $2.85 per hour from which payroll deductions have been made for all hours worked by participating empioyees covered by this Agreement Effective May 8, 1999 this savings Plan contribution will increase to $3 15. (4) contribute to an Apprenticeship Fund $0.25 per hour for all hours worked by participating employees. The above contributions may be increased or decreased as long as the applicable hourly rates in Appendix C for employees are decreased or increased by the same total amount. All contributions made in accordance with this Appendix D shall be forwazded to depositories as directed by the Union. • The Employer shall establish Worker's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees covered by this Agreement, shall not be eligible for, governed by, or accumulate vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by Civil Service Rules, Council Ordinance or Council Resolutions. The Employer's fringe benefit obligation 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. � Cl Council File # q�' $g � QRIGII�A�. Presented by___�� Referred To Green Sheet # 08900 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Committee Date 1 2 3 4 RESOLVED, that the Council of the CiTy of Saint Paul hereby approves and ratifies the attached May 1, 1998 through Apri130, 2001 Maintenance Labor Agreement between the City of Saint Paul and Operative Plasterers and Cement Masons International Association, Local #633. Requested by Department of: Office of Labor Relations BY: �� _ �{N� Adoption Certified by Councii Secretary � Appi � Adopted by Council: Date ��- �. � \q�� Form Approve City Attorney \ $y — - �i�(3��'S�l DEPARTMEIiT/OFFICF/COUNCIL: DATE INTfIATED ✓ LABORRELATIONS September 1, 1999 GREEN SHEET No.: 08900 qq-�) CONTACT PERSON & PHONE: q Ilvmnimn7'E In7Y'u[iDwiE 7ULIE KRAUS 266-6488 � ASS7GN 1 DEPAR7'MENT DIlt 4 CITY CAUNCIL NOMBER 2 CITY ATTORNEY CITY CLERK BUDCET DIR FIN. & MGT. SERVICE DIR. MUST BE ON COUNCIL AGENDA BY (DATL� Rp�ING 3 MAYOR (OR ASST.) � ' ORDER TOTAL t! OF SIGNATURE PAGES_1 (Ci.IP ALL LOCATIONS FOR SIGNATI7RE) ncrion xx�vasrsn: This resolution approves the attached May 1, 1998 through April 3Q 2001 Maintenance Labor Agreement between the City of Saint Paui and Operative Plasterers and Cement Masons Intemational Association, Local #633. RECOMMENDAI'IONS: Approve (A) or Reject (R) PERSONAI, SERVICE CONTRACi'S MIJST P.NSWER THE FOLLOWING QUFSTIONS: _PLANNINGCOMI��IISSION _CIVII.SERVICE COMMISSION 1. HutitispersodSlmeverworkeduuderacontractforthisdepazimmt? CIB CAM1+ffTS£E - Yes No STAFF 2. Has this person/firm ever been a c+ty emPbYce' DISTRICT COURT Yes No Si1PPORTS WHICH COUNCIL OBIECTTVE? 3. Does tLis person/f�m possess a skill not nortnally possessed by any curtrnt ciTy�employee? - Yes No Ezplain all yes enswers on separate sheet and attach to green shee[ INiTIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): ADVANTAGES IF APPROVED: DISADVANI'AGESIFAPPROVED: - � DISADVANTAGES IF iVOT APPROVED: TOTALAMOUNTOFTRANSAGTION: COST/REVENUEBUDGETED: - FUNDINC SOURCE: ACTIVITY NUMBER: FINANCIALINFORMATION:(EXPLAII� _.. �_ �__ _ � COUrsCA Ress�a�h CQ�?PEr " ,;� t� r _ •, ATTACIIMENT TO'IT� GREEN SHEET OPERATIVE PLASTERS AND CEMENT MASONS, LOCAL 633 Below is a sunmiary of tke changes in the collective bargaiuing agreement between the City of Saint Paul and the Operarive Plasters and Cement Masons, Loca1633. Duration: May l, 1998 to April 30, 2001 Wages: Prevailing rate for a three yeaz period. Other changes to the language aze basically of a housekeeping nature for clarification and clean up. .�;."'._ '-... . ..___. _-,;._,... __ '._ . _,. . ,. .. , .� . ... _ _ _ . . , � � � _ � - _��.a�� : - _ � � � - � - �VIAY 1,19�8 TQ-AP�2IL 30, 2001, -� �' �- MAINTE�ANC� LAB(}R AGREEi�'IEN'F -°lieiween � _ .� �_ ` ,'�H� CIT�' �F SATNT PAi1L � and - _ � ,. a � , ,_ ., � �, . , <_ _ £�PE�'TIV� P�AS3'�R�RS;AI�D;C�lYiE1�T l�r�SO1�S : ; ,IN'�'ER.Nr�'�'I(�NAT; �ASSQCIA'I`It11�1, I.QCA� 633 �.',� � � � � � <�` - � � �.._ �. � �. v �\ � ._ • ARTICLE TTTLE PAGE Preamble .................................................ii 1 Purpose .................................................1 2 Recognition ..............................................1 3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Scope of Agreement ........................................2 6 Probationary Periods ........................................2 7 Hours of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 8 Overtime .................................................3 9 Ca1lBack/CallIn ...........................................4 10 Work Location ............................................4 11 Wages ................................................ ..4 12 Fringe Benefits ............................................5 13 Aolidays .................................................5 14 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 15 AbsencesFrom Work .................................. 6 16 Seniority ........................... ... .. ......... . 6 • 17 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 18 Separation .......................... .....................8 19 Tools ...................................................8 20 Grievance Procedure .................................... .. 8 C� 21 Right of Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 I 22 Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . 11 23 Severability ............................... .......... .. 11 24 Waiver .............................. .............. .. 12 25 City Mileage ............ ... ......... .. .... ..........12 26 Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Appendix ........................................... A1 Appendix B ......................................... . B1 Appendix ............................................. C1 Appendix ............................................ D1 i vi PREAMBLE � This Agreement is entered into between the City of Saint Paul, hereinafter refened to as the Employer and Operative Plasterers' and Cement Masons' Internationai Association of the United States and Canada, Local 633, 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 City, the Union, and the individual employees • wiil best serve the needs of the general public. C � J ii ARTICLE 1 - PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to • 1.1(1) Achieve orderly and peacefulrelations,thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concemed; 1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Emptoyer and the Union; 1.1(3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation ofthis Ageement without loss ofproductivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 23 (SEVERABILITY). ARTICLE 2 - RECOG1vITION 2.1 The Employer recognizes the Union as the exciusive representative for colIective bargaining purposes for all personnel having an employment status of regulaz, probationary, provisiona] and temporary employed in the classes of positions defined in • Appendix A as certified by the Bureau of Mediation Services in accordance with Case No 73-PR-525-A dated May 22, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and detemune the number of personnel, and to perform any inherent managerial function not specifically limited by this Agreement 3.2 Any "term or condition of employment" not estabiished by this Agreement shall remain with the Employer to eliminate, modify, or establish following written notification to the Union. • ARTICLE 4 - UNION RIGHTS 4.1 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 empioyee shall have the rights and responsibilities as designated in Article 20 (GRIEVANCE PROCEDURE). • 4.2 Upon norification to a designated Employer supervisor, the Business Manager of the Union, or hislher designated representative shall be percnitted to enter the facIlities of the Employer where employees covered by this Agreement are working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement established 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. ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following sepazation, in a regular employment stazus shall serve a siai (6) month probationary period during which time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.1(1) At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 21 (GRIEVANCE PROCEDURE). • 6.1(2) An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 62 All personnei promoted to a higher class shall serve a six (6) month promotional probationary period during which time the employee's Stness and ability to perform the position's duties and responsibilities shall be evaluated. 6.2(1) At any time during the promotional probationary period an employee may be demoted to the employee's previousiy held class at the discretion of the Employer without appeal to the provisions of Article 20 (GRIEVANCE PROCEDURE). 6.2(2) An employee demoted during the promotional probationary period shall be retumed to the employee's previously held class and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. CJ 2 ARTICLE 7- HOURS OF WORK 7.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute lunch period between the hours of 7:00 a.m. and 5:30 p.m. • 7.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 73 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. 7.4 This section shall not be construed as, and is not a guazantee of, any hours of work per normal work day or per normal work week. 7.5 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. 7.6 Al] employees are subject to call back by the Employer as provided by Article 9(CALL BACK/CALL II�. 7.7 Employees reporting for work at the established starting time and for whom no work is available shali 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. ARTICLE 8 - OVERTIME 8.1 All overtime compensated by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work ciaim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time card, urtiess the required advance approvai has been obtained. 8.2 The overtime rate of one and one-haif (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 82(1) Time worked in excess of eight (8) hours in any one normal work day, and 8.2(2) Time worked on a sixth (6th) day following a normal work week. • 3 ARTICLE 8 - OVERTIlVIE (Continued) 8.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the following circumstances: 83(i) Time worked on a holiday as defined in Article 13 (HOLIDAYS); • 83(2) Time worked on a seventh (7th) day following a normal work week. 8.4 For the purposes of calculating overtime compensation, overtime hours worked shall not be "pyramided" or compounded. Empioyees shall not be paid twice for the same hours. 8.5 Overtime hours worked as provided by this Article shall be paid in cash. ARTICLE 9- CALL BACK/CALL IN 9.1 The Employer retains the right to call in or cali back employees before an empioyee has started a normal work day or normal work week and after an empioyee has completed a normal work day or normal work week. 9.2 Employees called in or cailed back shall receive a minimum of four (4) hours straight time pay at the basic hourly rate or shall be compensated in accordance with Article 8 (OVERTIME), when applicable, whichever is greater. 92(1) Notwithstanding Article 9.2, employees cal]ed in four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated � only for overtime hours worked in accordance with Article 8(OVERTIME). ARTICLE 10 - WORK LOCATION 10.1 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. ARTICLE 11 - WAGES 11.1 The basic hourly wage rates as established by Appendix C shali be paid for all hours worked by an employee. 11.2 Regular, Provisional and temporary employees shall be considered, for the purposes of this Agreement, "Participating Employees" and shall be compensated in accordance with Article 11.1 (WAGES) and have fringe benefit contributions andlor deductions made in their behalf as provided for by Article 12 (FRINGE BENEFITS). • C! ARTICLE 12 - FRINGE BENEFITS 12.1 The Employer shall, for all hours worked, make contributions on behalf of and/or make deductions from the wages of "participating employees" covered by this Agreement in . accordance with Appendix D. ARTICLE 13 - HOLIDAYS 13.1 The following ten (10) days shall be designated as holidays. New Year's Day, January 1 Martin Luther King Day, third Monday in January Presidents' Day, third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veterans' Day, November 1 I Thanksgiving Day, fourth Thursday in November Day ARer Thanksgiving, fourth Friday in November Christmas Day, December 25 13.2 When New Year's Day, Independence Day or Christmas Day falis on a Sunday, the following Monday shall be considered the designated holiday When any ofthese Yhree (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated � holiday. 133 The ten (10) holidays shall be considered non-work days. 13.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or °called in or called back" in accordance with Article 9 (CALL BACK/CALL IN). 13.5 Participating Employees, as defined in Article 11.2, assigned to work on Martin Luther King Day, Presidents' Day, Veterans' Day, or the Day After Thanksgiving, shall be compensated on a straight time basis for hours worked. 13.6 Such Participating Employees assigned to work on New Year s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked � 5 ARTICLE 14 - DISCIPLINARY PROCEDURES 14.1 14.2 The Employer shall have the right to impose disciplinary actions on employees for just cause. Disciplinary actions by the Employer shail include only the following actions: 14.2(1) Oral reprimand. 14.2(2) Written reprimand. 142(3) Suspension. 14.2(4) Demotion. 142(5) Discharge. 14.3 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civi] Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or dischazge. No appeal of a suspension, demotion, or discharge sha(1 be considered a"grievance" for the purpose of processing through the provisions of Article 20 (GRIEVANCE PROCEDLTRE). ARTICLE 15 - ABSENCES FROM WORK 15.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 152 Failure to make such notification may be grounds for discipline as provided in Article 14 (DISCII'LINARY PROCEDURES). 15.3 Failure to report for work without notification for three (3) consecutive normal work days without notification to the Employer may be considered by the Employer to be a"quit" on the part of the employee. ARTICLE 16 - SENIORTTY 16.1 Seniority, for the purposes of this Agreement, shall be defined as follows. 16.1(I) "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. 16.1(2) °Class Seniority" - The length of continuous regular and probationary service with the Empioyer from the date an employee was first appointed to a class title covered by this Agreement ARTICLE 16 - SE1vIORTTY (Continued) 3 • r� L � 16.2 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 ofthe Employer or to an elected or appointed full-time position with • the Union. 16.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 16.4 In the event it is detemuned by the Employer that it is necessary to reduce the work force, employees will be ]aid offby class title within each department based on inverse length of "Class Seniority". Employees laid off shall have the right to reinstatement in any previousiy held lower paid class title covered by this Agreement, provided such employee has greater "Class Seniority" than the employee being replaced. 16.5 The selection of vacation periods shali be made by class title based on length of "Class Seniority", subject to the approval ofthe Employer. ARTICLE 17 - J[7RISDICTION 17.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of the Employer. 17.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. � 173 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute, or to restrict the Employer's basic right to assign work. 17.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 17.2 and 17.3 above shall be subject to disciplinary action as provided in Article 14 (DISCIPLINARY PROCEDURES). 17.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. s � ARTICLE 18 - SEPARATION 18.1 Employees having a probationary or regular employment status shall be considered separated from empioyment based on the foilowing actions: 18.1(I) Resignation. Employees resigning from employment shall give written • notice fourteen (14) calendaz days prior to the effective date of the resignation. 18.1(2) Discharge. As provided in Article 14. 18.1(3) Failure to Report for Duty. As provided in Article I5. 18.2 Employees having a temporary or provisional employment status may be temunated at the discretion of the Employer before the completion of a normal work day. ARTICLE 19 - TOOLS 19.1 All employees shal] personally provide themselves with the tools of the trade as listed in Appendix B. ARTICLE 20 - GRIEVANCE PROCEDURE 20.1 The employer shall recognize the Stewazd selected in accordance with Union rules and regulations as the grievance representative of the bazgaining unit. The Union shall notify � the Employer in writing of the name of the Stewazd and of his/her successor when so determined. 20.2 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 shali 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 203 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article 143, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. • � ARTICLE 20 - GRIEVANCE PROCEDURE (continued) 20.4 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 emp]oyee's supervisor. If the matter is not resolved to the employee's gatisfaction 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 vio]ated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union and submitted to the Employer within seven (7) calendar days of the first occurrence of the event giving rise to the grievance, shall be considered waived. The first occurrence shall be either the actual date of the occurrence or the date by which, through the exercise of reasonable diligence, the Union should have known ofthe alleged violation. 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. Step 3: Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance Within seven (7) calendar days following this meeting, the Employer shatl reply in writing to the Union stating the Employer's answer concerning the grievance If as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not reduced to writing by the Union and submitted to the Employer within seven (7) calendar days following receipt of the Employer's answer shall be waived. � � ARTICLE 20 - GRIEVANCE PROCEDURE (continued) Step 4: If after seven (7) calendar days following the response of the Employer in Step 3 the grievance remains unresolved, the Union, through written notice to the Employer, may reqaest arbitration of the grievance. The arbitration proceedings � shaii be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) cafendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relation Board to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panei. The Union shall strike the first (lst) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the azbitrator. 20.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in wriring within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's � interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision ofthe arbitrator shall be final and binding on the Employer, the Union and the employees. 20.6 The fees and expenses for the arbitrator's services and proceedings shali be bome equaliy • by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 20.7 The time limits in each step of this grocedure may be extended by mutual agreement of the Employer and the Union. � 10 ARTICLE 21 - RIGHT OF SUBCONTRACT 21.1 The Employer may, at any time during the duration of this Agreement, contract out work ` done by the employees covered by this Agreement. In the event that such contracting - • would result in a reduction ofthe work force covered by this Agreement, the Employer shail give the Union a ninety (90) calendar day notice of the intention to subcontract. 212 The subcontracting of work done by the empioyees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 22 - NONDISCRIMINATION 22.1 The terms and conditions of this Agreement wil] be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, disability, or because of inembership or non-membership in the LJNION. 22.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public ARTICLE 23 - SEVERABII.,ITY 23.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative, or judicial authority from whose finding, deternunation, • or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 23.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative, or judicial deternrination. • 11 ARTICLE 24 - WAIVER 24.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject conceming 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. 24.2 The Employer and the Union agree, for the duration of this Agreement, that the other party shall not be obligated to meet and negotiate over any term or conditions of employment whether specifically covered or not specificaliy covered by this Agreement. The Union and Employer may, however, mutually agee to modify any provision of this Agreement. 243 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 25 - CTTY MILEAGE 25.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of Ciry officers and employees for the use oftheir own automobiles in the performance oftheir duties, the following provisions are adopted. 252 Method of Computation: To be eligible for such reimbursement, all officers and . employees must receive written authorization from the Department Head Twe I: If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position In addition, the employee shall be reimbursed $20 per mile for each mile actually driven. If such employee is required to drive an automobile during emgloyment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee sha(I be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. C� 12 ARTICLE 25 - CITY MILEAGE (Continued) Type 2: If an employee is required to use his/her own automobile REGIJLARLY during • employment, the employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $20 per mile driven and shall not be eligible for any per diem. This Artic]e 25.2 shall become effective on the first day of the first month following the date of the signing of this Agreement. 253 The City will provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement p(ans who are required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 25.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement. Such regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly �davits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than . $]00,000/$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on fite with the City Clerk. ARTICLE 26 - DLIRATION AND PLEDGE 26.1 This Agreement shall become effective as of the date of signing, except as specifically provided othenvise in Articles 11 and 12, and shall remain in effect through the 30th day of April, 2001 and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 26.2. 262 If either party desires to temunate or modify this Agreement, the party wishing to modify or terminate the Agreement shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided that the Agreement may only be so terminated or modified effective as of the expiration date ARTICLE 26 - DURATION AND PLEDGE (Continued) � 13 ARTICLE 26 - DURATION AND PLEDGE (Continued) • 263 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances conceming its application or interpretation may be peacefiully resolved, the parties hereby pledge that during the term of the Agreement: 263(1) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfixlly absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithfiil performance of their duties of employxnent. 263(2) The Employer will not engage in, instigate, or condone any lock-out of employees. 26.3(3) This constitutes a tentative agreement between the parties which will be recommended by the D'uector of Labor Relations, but is subject to the approval of the Administration of the City and the City Council and is also subject to ratification by the Union. Agreed to and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representatives for the Employer and the Union. n U WITNESSES: CITI' OF SAINT PAUL � ' Terry altiner Labor Relations Manager OPERATIVE PLASTERERS AND CEMENT MASONS INTERNATIONAL ASSOCIATION, LOCAL 633 �4, ��) %�"'�� Larry Bennett Business Representative Si?�r yq Date • �s- �0- � y Date 14 . ' ' � ►, ._ • The classes of positions recognized by the Employer as being exclusively represented by the Union are as follows: Cement Finisher Apprentice Building Inspector-Cement Finisher and other classes of positions that may be established by the Employer where the duties and responsibilities assigned and are detemuned by the Bureau of Mediation Service to appropriately represented by this bazgaining unit. r1 LJ C� - A1 - APPENDIX B � All necessary hand toois. CJ C� S:� APPENDIX C � • � 1. The basic hourly wage rate for temporary employees appointed to the following classes of positions shall be: Cement Finisher Effective Effective Effective 4/25/98 5/8/99 5/1/2000 (or c�� payrou dvz> $2319* $24.09* ** 2. The basic hourly wage rate for provisional, regular and probationary employees appointed to the following classes of positions shall be: Cement Finisher Effective Effective Effective 4/25/98 5/8/99 S�I�ZOOO (or closesl pallo» �te) $22.05* $22.90* ** * This rate includes the taxable Savings Plan deduction. The basic hourly wage rate for temporary employees whose length of service and earnings require that they be subject to Public Employees Retirement Association contributions shall be the rate shown in this Appendix "C" for such employees in such classes divided by_1.0518. The State of Minnesota has passed legislation to change the Public Employees Retirement Association (PERA) contribution rates for employers and employees When the rates change, the rates listed above will change accordingly. ** Effective 5/1/00 (or closest payroll date) an additional $1.35 per hour shall be added to the total package. The parties will agree prior to that date as to the distribution of the increase between the wages and fringes. �:3E APPENDIX D • Effective Apri125, 1998, the Empioyer shall: (i) contribute to a Health and Welfare Fund $2.66 per hour for all hours worked by participating empioyees. Effective May 8, 1999 this Health and Welfare Fund contribution will increase to $2.76 per hour. (2) contribute to Part A of the Pension Fund $4.15 per hour for all hours worked by participating employees. Effective May 8, 1999 this Pension Fund contribution will increase to $4.50 per hour. (3) deduct for a Savings Plan $2.85 per hour from which payroll deductions have been made for all hours worked by participating empioyees covered by this Agreement Effective May 8, 1999 this savings Plan contribution will increase to $3 15. (4) contribute to an Apprenticeship Fund $0.25 per hour for all hours worked by participating employees. The above contributions may be increased or decreased as long as the applicable hourly rates in Appendix C for employees are decreased or increased by the same total amount. All contributions made in accordance with this Appendix D shall be forwazded to depositories as directed by the Union. • The Employer shall establish Worker's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees covered by this Agreement, shall not be eligible for, governed by, or accumulate vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by Civil Service Rules, Council Ordinance or Council Resolutions. The Employer's fringe benefit obligation 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. � Cl Council File # q�' $g � QRIGII�A�. Presented by___�� Referred To Green Sheet # 08900 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Committee Date 1 2 3 4 RESOLVED, that the Council of the CiTy of Saint Paul hereby approves and ratifies the attached May 1, 1998 through Apri130, 2001 Maintenance Labor Agreement between the City of Saint Paul and Operative Plasterers and Cement Masons International Association, Local #633. Requested by Department of: Office of Labor Relations BY: �� _ �{N� Adoption Certified by Councii Secretary � Appi � Adopted by Council: Date ��- �. � \q�� Form Approve City Attorney \ $y — - �i�(3��'S�l DEPARTMEIiT/OFFICF/COUNCIL: DATE INTfIATED ✓ LABORRELATIONS September 1, 1999 GREEN SHEET No.: 08900 qq-�) CONTACT PERSON & PHONE: q Ilvmnimn7'E In7Y'u[iDwiE 7ULIE KRAUS 266-6488 � ASS7GN 1 DEPAR7'MENT DIlt 4 CITY CAUNCIL NOMBER 2 CITY ATTORNEY CITY CLERK BUDCET DIR FIN. & MGT. SERVICE DIR. MUST BE ON COUNCIL AGENDA BY (DATL� Rp�ING 3 MAYOR (OR ASST.) � ' ORDER TOTAL t! OF SIGNATURE PAGES_1 (Ci.IP ALL LOCATIONS FOR SIGNATI7RE) ncrion xx�vasrsn: This resolution approves the attached May 1, 1998 through April 3Q 2001 Maintenance Labor Agreement between the City of Saint Paui and Operative Plasterers and Cement Masons Intemational Association, Local #633. RECOMMENDAI'IONS: Approve (A) or Reject (R) PERSONAI, SERVICE CONTRACi'S MIJST P.NSWER THE FOLLOWING QUFSTIONS: _PLANNINGCOMI��IISSION _CIVII.SERVICE COMMISSION 1. HutitispersodSlmeverworkeduuderacontractforthisdepazimmt? CIB CAM1+ffTS£E - Yes No STAFF 2. Has this person/firm ever been a c+ty emPbYce' DISTRICT COURT Yes No Si1PPORTS WHICH COUNCIL OBIECTTVE? 3. Does tLis person/f�m possess a skill not nortnally possessed by any curtrnt ciTy�employee? - Yes No Ezplain all yes enswers on separate sheet and attach to green shee[ INiTIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why): ADVANTAGES IF APPROVED: DISADVANI'AGESIFAPPROVED: - � DISADVANTAGES IF iVOT APPROVED: TOTALAMOUNTOFTRANSAGTION: COST/REVENUEBUDGETED: - FUNDINC SOURCE: ACTIVITY NUMBER: FINANCIALINFORMATION:(EXPLAII� _.. �_ �__ _ � COUrsCA Ress�a�h CQ�?PEr " ,;� t� r _ •, ATTACIIMENT TO'IT� GREEN SHEET OPERATIVE PLASTERS AND CEMENT MASONS, LOCAL 633 Below is a sunmiary of tke changes in the collective bargaiuing agreement between the City of Saint Paul and the Operarive Plasters and Cement Masons, Loca1633. Duration: May l, 1998 to April 30, 2001 Wages: Prevailing rate for a three yeaz period. Other changes to the language aze basically of a housekeeping nature for clarification and clean up. .�;."'._ '-... . ..___. _-,;._,... __ '._ . _,. . ,. .. , .� . ... _ _ _ . . , � � � _ � - _��.a�� : - _ � � � - � - �VIAY 1,19�8 TQ-AP�2IL 30, 2001, -� �' �- MAINTE�ANC� LAB(}R AGREEi�'IEN'F -°lieiween � _ .� �_ ` ,'�H� CIT�' �F SATNT PAi1L � and - _ � ,. a � , ,_ ., � �, . , <_ _ £�PE�'TIV� P�AS3'�R�RS;AI�D;C�lYiE1�T l�r�SO1�S : ; ,IN'�'ER.Nr�'�'I(�NAT; �ASSQCIA'I`It11�1, I.QCA� 633 �.',� � � � � � <�` - � � �.._ �. � �. v �\ � ._ • ARTICLE TTTLE PAGE Preamble .................................................ii 1 Purpose .................................................1 2 Recognition ..............................................1 3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Scope of Agreement ........................................2 6 Probationary Periods ........................................2 7 Hours of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 8 Overtime .................................................3 9 Ca1lBack/CallIn ...........................................4 10 Work Location ............................................4 11 Wages ................................................ ..4 12 Fringe Benefits ............................................5 13 Aolidays .................................................5 14 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 15 AbsencesFrom Work .................................. 6 16 Seniority ........................... ... .. ......... . 6 • 17 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 18 Separation .......................... .....................8 19 Tools ...................................................8 20 Grievance Procedure .................................... .. 8 C� 21 Right of Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 I 22 Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . 11 23 Severability ............................... .......... .. 11 24 Waiver .............................. .............. .. 12 25 City Mileage ............ ... ......... .. .... ..........12 26 Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Appendix ........................................... A1 Appendix B ......................................... . B1 Appendix ............................................. C1 Appendix ............................................ D1 i vi PREAMBLE � This Agreement is entered into between the City of Saint Paul, hereinafter refened to as the Employer and Operative Plasterers' and Cement Masons' Internationai Association of the United States and Canada, Local 633, 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 City, the Union, and the individual employees • wiil best serve the needs of the general public. C � J ii ARTICLE 1 - PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to • 1.1(1) Achieve orderly and peacefulrelations,thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concemed; 1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Emptoyer and the Union; 1.1(3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation ofthis Ageement without loss ofproductivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 23 (SEVERABILITY). ARTICLE 2 - RECOG1vITION 2.1 The Employer recognizes the Union as the exciusive representative for colIective bargaining purposes for all personnel having an employment status of regulaz, probationary, provisiona] and temporary employed in the classes of positions defined in • Appendix A as certified by the Bureau of Mediation Services in accordance with Case No 73-PR-525-A dated May 22, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct and detemune the number of personnel, and to perform any inherent managerial function not specifically limited by this Agreement 3.2 Any "term or condition of employment" not estabiished by this Agreement shall remain with the Employer to eliminate, modify, or establish following written notification to the Union. • ARTICLE 4 - UNION RIGHTS 4.1 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 empioyee shall have the rights and responsibilities as designated in Article 20 (GRIEVANCE PROCEDURE). • 4.2 Upon norification to a designated Employer supervisor, the Business Manager of the Union, or hislher designated representative shall be percnitted to enter the facIlities of the Employer where employees covered by this Agreement are working. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement established 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. ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following sepazation, in a regular employment stazus shall serve a siai (6) month probationary period during which time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.1(1) At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 21 (GRIEVANCE PROCEDURE). • 6.1(2) An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 62 All personnei promoted to a higher class shall serve a six (6) month promotional probationary period during which time the employee's Stness and ability to perform the position's duties and responsibilities shall be evaluated. 6.2(1) At any time during the promotional probationary period an employee may be demoted to the employee's previousiy held class at the discretion of the Employer without appeal to the provisions of Article 20 (GRIEVANCE PROCEDURE). 6.2(2) An employee demoted during the promotional probationary period shall be retumed to the employee's previously held class and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. CJ 2 ARTICLE 7- HOURS OF WORK 7.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute lunch period between the hours of 7:00 a.m. and 5:30 p.m. • 7.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 73 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. 7.4 This section shall not be construed as, and is not a guazantee of, any hours of work per normal work day or per normal work week. 7.5 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. 7.6 Al] employees are subject to call back by the Employer as provided by Article 9(CALL BACK/CALL II�. 7.7 Employees reporting for work at the established starting time and for whom no work is available shali 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. ARTICLE 8 - OVERTIME 8.1 All overtime compensated by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work ciaim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time card, urtiess the required advance approvai has been obtained. 8.2 The overtime rate of one and one-haif (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 82(1) Time worked in excess of eight (8) hours in any one normal work day, and 8.2(2) Time worked on a sixth (6th) day following a normal work week. • 3 ARTICLE 8 - OVERTIlVIE (Continued) 8.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the following circumstances: 83(i) Time worked on a holiday as defined in Article 13 (HOLIDAYS); • 83(2) Time worked on a seventh (7th) day following a normal work week. 8.4 For the purposes of calculating overtime compensation, overtime hours worked shall not be "pyramided" or compounded. Empioyees shall not be paid twice for the same hours. 8.5 Overtime hours worked as provided by this Article shall be paid in cash. ARTICLE 9- CALL BACK/CALL IN 9.1 The Employer retains the right to call in or cali back employees before an empioyee has started a normal work day or normal work week and after an empioyee has completed a normal work day or normal work week. 9.2 Employees called in or cailed back shall receive a minimum of four (4) hours straight time pay at the basic hourly rate or shall be compensated in accordance with Article 8 (OVERTIME), when applicable, whichever is greater. 92(1) Notwithstanding Article 9.2, employees cal]ed in four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated � only for overtime hours worked in accordance with Article 8(OVERTIME). ARTICLE 10 - WORK LOCATION 10.1 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. ARTICLE 11 - WAGES 11.1 The basic hourly wage rates as established by Appendix C shali be paid for all hours worked by an employee. 11.2 Regular, Provisional and temporary employees shall be considered, for the purposes of this Agreement, "Participating Employees" and shall be compensated in accordance with Article 11.1 (WAGES) and have fringe benefit contributions andlor deductions made in their behalf as provided for by Article 12 (FRINGE BENEFITS). • C! ARTICLE 12 - FRINGE BENEFITS 12.1 The Employer shall, for all hours worked, make contributions on behalf of and/or make deductions from the wages of "participating employees" covered by this Agreement in . accordance with Appendix D. ARTICLE 13 - HOLIDAYS 13.1 The following ten (10) days shall be designated as holidays. New Year's Day, January 1 Martin Luther King Day, third Monday in January Presidents' Day, third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veterans' Day, November 1 I Thanksgiving Day, fourth Thursday in November Day ARer Thanksgiving, fourth Friday in November Christmas Day, December 25 13.2 When New Year's Day, Independence Day or Christmas Day falis on a Sunday, the following Monday shall be considered the designated holiday When any ofthese Yhree (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated � holiday. 133 The ten (10) holidays shall be considered non-work days. 13.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or °called in or called back" in accordance with Article 9 (CALL BACK/CALL IN). 13.5 Participating Employees, as defined in Article 11.2, assigned to work on Martin Luther King Day, Presidents' Day, Veterans' Day, or the Day After Thanksgiving, shall be compensated on a straight time basis for hours worked. 13.6 Such Participating Employees assigned to work on New Year s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked � 5 ARTICLE 14 - DISCIPLINARY PROCEDURES 14.1 14.2 The Employer shall have the right to impose disciplinary actions on employees for just cause. Disciplinary actions by the Employer shail include only the following actions: 14.2(1) Oral reprimand. 14.2(2) Written reprimand. 142(3) Suspension. 14.2(4) Demotion. 142(5) Discharge. 14.3 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civi] Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or dischazge. No appeal of a suspension, demotion, or discharge sha(1 be considered a"grievance" for the purpose of processing through the provisions of Article 20 (GRIEVANCE PROCEDLTRE). ARTICLE 15 - ABSENCES FROM WORK 15.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 152 Failure to make such notification may be grounds for discipline as provided in Article 14 (DISCII'LINARY PROCEDURES). 15.3 Failure to report for work without notification for three (3) consecutive normal work days without notification to the Employer may be considered by the Employer to be a"quit" on the part of the employee. ARTICLE 16 - SENIORTTY 16.1 Seniority, for the purposes of this Agreement, shall be defined as follows. 16.1(I) "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. 16.1(2) °Class Seniority" - The length of continuous regular and probationary service with the Empioyer from the date an employee was first appointed to a class title covered by this Agreement ARTICLE 16 - SE1vIORTTY (Continued) 3 • r� L � 16.2 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 ofthe Employer or to an elected or appointed full-time position with • the Union. 16.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 16.4 In the event it is detemuned by the Employer that it is necessary to reduce the work force, employees will be ]aid offby class title within each department based on inverse length of "Class Seniority". Employees laid off shall have the right to reinstatement in any previousiy held lower paid class title covered by this Agreement, provided such employee has greater "Class Seniority" than the employee being replaced. 16.5 The selection of vacation periods shali be made by class title based on length of "Class Seniority", subject to the approval ofthe Employer. ARTICLE 17 - J[7RISDICTION 17.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of the Employer. 17.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. � 173 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute, or to restrict the Employer's basic right to assign work. 17.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 17.2 and 17.3 above shall be subject to disciplinary action as provided in Article 14 (DISCIPLINARY PROCEDURES). 17.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. s � ARTICLE 18 - SEPARATION 18.1 Employees having a probationary or regular employment status shall be considered separated from empioyment based on the foilowing actions: 18.1(I) Resignation. Employees resigning from employment shall give written • notice fourteen (14) calendaz days prior to the effective date of the resignation. 18.1(2) Discharge. As provided in Article 14. 18.1(3) Failure to Report for Duty. As provided in Article I5. 18.2 Employees having a temporary or provisional employment status may be temunated at the discretion of the Employer before the completion of a normal work day. ARTICLE 19 - TOOLS 19.1 All employees shal] personally provide themselves with the tools of the trade as listed in Appendix B. ARTICLE 20 - GRIEVANCE PROCEDURE 20.1 The employer shall recognize the Stewazd selected in accordance with Union rules and regulations as the grievance representative of the bazgaining unit. The Union shall notify � the Employer in writing of the name of the Stewazd and of his/her successor when so determined. 20.2 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 shali 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 203 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article 143, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. • � ARTICLE 20 - GRIEVANCE PROCEDURE (continued) 20.4 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 emp]oyee's supervisor. If the matter is not resolved to the employee's gatisfaction 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 vio]ated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union and submitted to the Employer within seven (7) calendar days of the first occurrence of the event giving rise to the grievance, shall be considered waived. The first occurrence shall be either the actual date of the occurrence or the date by which, through the exercise of reasonable diligence, the Union should have known ofthe alleged violation. 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. Step 3: Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance Within seven (7) calendar days following this meeting, the Employer shatl reply in writing to the Union stating the Employer's answer concerning the grievance If as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not reduced to writing by the Union and submitted to the Employer within seven (7) calendar days following receipt of the Employer's answer shall be waived. � � ARTICLE 20 - GRIEVANCE PROCEDURE (continued) Step 4: If after seven (7) calendar days following the response of the Employer in Step 3 the grievance remains unresolved, the Union, through written notice to the Employer, may reqaest arbitration of the grievance. The arbitration proceedings � shaii be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) cafendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relation Board to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panei. The Union shall strike the first (lst) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the azbitrator. 20.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in wriring within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's � interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision ofthe arbitrator shall be final and binding on the Employer, the Union and the employees. 20.6 The fees and expenses for the arbitrator's services and proceedings shali be bome equaliy • by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 20.7 The time limits in each step of this grocedure may be extended by mutual agreement of the Employer and the Union. � 10 ARTICLE 21 - RIGHT OF SUBCONTRACT 21.1 The Employer may, at any time during the duration of this Agreement, contract out work ` done by the employees covered by this Agreement. In the event that such contracting - • would result in a reduction ofthe work force covered by this Agreement, the Employer shail give the Union a ninety (90) calendar day notice of the intention to subcontract. 212 The subcontracting of work done by the empioyees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 22 - NONDISCRIMINATION 22.1 The terms and conditions of this Agreement wil] be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, disability, or because of inembership or non-membership in the LJNION. 22.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public ARTICLE 23 - SEVERABII.,ITY 23.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative, or judicial authority from whose finding, deternunation, • or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 23.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative, or judicial deternrination. • 11 ARTICLE 24 - WAIVER 24.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject conceming 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. 24.2 The Employer and the Union agree, for the duration of this Agreement, that the other party shall not be obligated to meet and negotiate over any term or conditions of employment whether specifically covered or not specificaliy covered by this Agreement. The Union and Employer may, however, mutually agee to modify any provision of this Agreement. 243 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 25 - CTTY MILEAGE 25.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of Ciry officers and employees for the use oftheir own automobiles in the performance oftheir duties, the following provisions are adopted. 252 Method of Computation: To be eligible for such reimbursement, all officers and . employees must receive written authorization from the Department Head Twe I: If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position In addition, the employee shall be reimbursed $20 per mile for each mile actually driven. If such employee is required to drive an automobile during emgloyment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee sha(I be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. C� 12 ARTICLE 25 - CITY MILEAGE (Continued) Type 2: If an employee is required to use his/her own automobile REGIJLARLY during • employment, the employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $20 per mile driven and shall not be eligible for any per diem. This Artic]e 25.2 shall become effective on the first day of the first month following the date of the signing of this Agreement. 253 The City will provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement p(ans who are required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 25.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement. Such regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly �davits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than . $]00,000/$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on fite with the City Clerk. ARTICLE 26 - DLIRATION AND PLEDGE 26.1 This Agreement shall become effective as of the date of signing, except as specifically provided othenvise in Articles 11 and 12, and shall remain in effect through the 30th day of April, 2001 and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 26.2. 262 If either party desires to temunate or modify this Agreement, the party wishing to modify or terminate the Agreement shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided that the Agreement may only be so terminated or modified effective as of the expiration date ARTICLE 26 - DURATION AND PLEDGE (Continued) � 13 ARTICLE 26 - DURATION AND PLEDGE (Continued) • 263 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances conceming its application or interpretation may be peacefiully resolved, the parties hereby pledge that during the term of the Agreement: 263(1) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfixlly absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithfiil performance of their duties of employxnent. 263(2) The Employer will not engage in, instigate, or condone any lock-out of employees. 26.3(3) This constitutes a tentative agreement between the parties which will be recommended by the D'uector of Labor Relations, but is subject to the approval of the Administration of the City and the City Council and is also subject to ratification by the Union. Agreed to and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representatives for the Employer and the Union. n U WITNESSES: CITI' OF SAINT PAUL � ' Terry altiner Labor Relations Manager OPERATIVE PLASTERERS AND CEMENT MASONS INTERNATIONAL ASSOCIATION, LOCAL 633 �4, ��) %�"'�� Larry Bennett Business Representative Si?�r yq Date • �s- �0- � y Date 14 . ' ' � ►, ._ • The classes of positions recognized by the Employer as being exclusively represented by the Union are as follows: Cement Finisher Apprentice Building Inspector-Cement Finisher and other classes of positions that may be established by the Employer where the duties and responsibilities assigned and are detemuned by the Bureau of Mediation Service to appropriately represented by this bazgaining unit. r1 LJ C� - A1 - APPENDIX B � All necessary hand toois. CJ C� S:� APPENDIX C � • � 1. The basic hourly wage rate for temporary employees appointed to the following classes of positions shall be: Cement Finisher Effective Effective Effective 4/25/98 5/8/99 5/1/2000 (or c�� payrou dvz> $2319* $24.09* ** 2. The basic hourly wage rate for provisional, regular and probationary employees appointed to the following classes of positions shall be: Cement Finisher Effective Effective Effective 4/25/98 5/8/99 S�I�ZOOO (or closesl pallo» �te) $22.05* $22.90* ** * This rate includes the taxable Savings Plan deduction. The basic hourly wage rate for temporary employees whose length of service and earnings require that they be subject to Public Employees Retirement Association contributions shall be the rate shown in this Appendix "C" for such employees in such classes divided by_1.0518. The State of Minnesota has passed legislation to change the Public Employees Retirement Association (PERA) contribution rates for employers and employees When the rates change, the rates listed above will change accordingly. ** Effective 5/1/00 (or closest payroll date) an additional $1.35 per hour shall be added to the total package. The parties will agree prior to that date as to the distribution of the increase between the wages and fringes. �:3E APPENDIX D • Effective Apri125, 1998, the Empioyer shall: (i) contribute to a Health and Welfare Fund $2.66 per hour for all hours worked by participating empioyees. Effective May 8, 1999 this Health and Welfare Fund contribution will increase to $2.76 per hour. (2) contribute to Part A of the Pension Fund $4.15 per hour for all hours worked by participating employees. Effective May 8, 1999 this Pension Fund contribution will increase to $4.50 per hour. (3) deduct for a Savings Plan $2.85 per hour from which payroll deductions have been made for all hours worked by participating empioyees covered by this Agreement Effective May 8, 1999 this savings Plan contribution will increase to $3 15. (4) contribute to an Apprenticeship Fund $0.25 per hour for all hours worked by participating employees. The above contributions may be increased or decreased as long as the applicable hourly rates in Appendix C for employees are decreased or increased by the same total amount. All contributions made in accordance with this Appendix D shall be forwazded to depositories as directed by the Union. • The Employer shall establish Worker's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees covered by this Agreement, shall not be eligible for, governed by, or accumulate vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by Civil Service Rules, Council Ordinance or Council Resolutions. The Employer's fringe benefit obligation 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. � Cl