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85-806 WHITE - CiTV CLERK PINK - FINANCE C I TY O F SA I NT PA U L Council /y� / CANARV - DEPARTMENT File NO. O � �D T BLUE - MAVOR � Council Resolution Presented y � Referred To �� L�= Committee: Date �� Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul approves and ratifies the attached 1985-1986 Agreement between the City of Saint Paul and the Pipefitters Local No. 455. Approved: Civil Service Commission, Chair CO�� Requested by Department of: Yeas �F Nays PERSON L OFFICE Drew � [n Favor � Masanz Nicosia scne+bei D __ Against BY Tedesco Wilson . JUN 1 3 1985 Form Appr ed b City Attorn Adopted by Council: Date �- Certified�seCry�uncil Secretary . By — gS, .✓7 t�ppro 1�lavor: Dat ��I 1 7 1985 Approved by M r f r 'ssion to Council � B PUB�isft� JUN 2 � 1985 I Personnel Office DEPARTMENT � � -��ONO 2008 . ,o,,,,o}�e ��,,,�� - CONTACT 4221 PHONE May 20, 1985 DATE 1 Q/�� Q Q,r ASSI N NUMBER FOR ROUTING ORDER Cli All Locations for Si nature : � Department Director 3 Director of Management/Mayor Finance and Management Services Director 4 City Clerk � Budget Director 5 Civil Service Commission Z City Attorney WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : This resolution approves the 1985-1986 Agreement between the Pipefitters Local No. 455 and the City of St. Paul. The changes in the new agreement invol�e language changes re: Holiday, Severance Pay and Wages. ,1 . - ��►*�'_" ;��,�;. .�t.�� ' F .•-�:.$; ��a .�. I�'�"�+ " ��>,E 2. Employees retiring under the Rule of 85 will be eligible for sev�Tance pay if other requirements are met. 3. Wages: Total package (Wages plus fringes) are increased .50 per hour in May, 1985 and CDST/BENEFIT, BU_OGETARY AND PERSONNEL IMPACTS ANTICIPATED: again in May, 1986. This is based on the Union's outside settlement. Six Employees: ' May, 1985 thru April, 1986: $6,240 May, 1986 thru April, 1987: $6,240 �� c� �� FINANCING SOURCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of Transaction: quired if under ' $10,00Q) Funding Source: Activity Number: ATTACHMENTS (List and Number All Attachments) : 1. Resolution ��. � Maintenance Labor Agreement 3. Copy for City Clerk DEPARTMENT REVIEW CITY ATTORNEY REVIEW � Yes No Council Resolution Required? Resolution Required? Yes �No Yes No Insurance Required? Insurance Sufficient? Yes No �'� Yes No Insurance Attached: (SEE REVERSE SIDE FOR INSTRUCTIONS) Revised 12/84 _ . . .. . ., . . .---..��_.__`_._.- � �}�y�_= •—. . . � ,'`:��`,�~ ��::ti�l � GITY O�' .S A.I�T'� �'�A,.UL � �3-�Q �° tir .�.� •�� °�� . � � � I t. _i� r�:'_-.`�-,.�-..-�� ,�� OI�I.�ICi-OIf' T�7i. �. '' 'CL ' j �� CyT�. C4i3T L ;••:t�l ��..,a::'• -•� le.ti�� • . �F-'c.-:'° :i•j;, • ' � . D a i'e ; � June 6 , 19 8 5 ��;.��f'�� ' . . • . � ._. . C C� I�l� I�/! I�T E E l� E P O � �' � . i 0 = Sasnt P�uI Ci�� Cou �c.ii . � � � � . . - t I: O I�� = C �i�,�'�J j j i�� p� FINANCE, MANAGEMENT & PERSONNEL • ' ' C r-I /�! r'��. JAMES. SCHEIBEL - 1. Aeproval or. minutes frcm meeting held May 3�, 1985. -�---� Z_ Ordinance amending Sec�sons Se.�2 or the St. Paui Adminis�rative Coc+� pertaining to the Bu�aer c�lenaar for the City ot= �t. Paul ana deiaTing certain publication requiremenzs. �� (City Clerk) ' 3. Ordinance amending the Civil Service Rules pertaining ta six unclass�fie� positions in trie De�ar-ment or Planning and Economic Oeve�opment Oepar�- menz ct stri ing in its ent�ecy 5�tion 4.C. (Personnel ) ��`� �it/ a. Or� ce amendin� the Civi1 Service Rules pertaining to the positien or Qire�'or or Food Services in the St_ Paul Puolic Scnoois and �rfking in its entireTy Se�ion 34.F. (personne� ) � `. 5. Ordinance es��olishing ttte titie ot= At�orney VIII in the. Unciassf�ied . Servicn. (Persannel ) - � Resoiution amendfn the S lar�/ Plan and Rates or Compensation Resoiution 6. 9 by establishing the unciassi.fied fiitle of Att ney VIII. 7. Resolution approving 1984-1985 Memorandum of Agre��nent bet�es� the City and the Tri-Council bargaining unit, represented y Local 49, Loc=! 12� and l.ocal 132. (Personnel } ' 8. Resolution approving I984-1985 Memorandum or Agree�nent betwesn the CitY anc� AFSCME Locai 1842 and AFSCME Locai Z408. (P°r5onne! } (1 9. +Re�e�l�Mt�`ti-on a�prav i ng 1985--1986 Memorandum of Agre�ne. r•�een the C i ty U �n� the Pepefitters Local No. 45�. (Personnel �, 10. Resolution amending the 198 � b dg�t hy adding $9,8 to the Financ:ng P�an and to the Spending Plan for Ceneral Fun�-?olice-Technic�! and Supoo!'� S tafr" Un i ts. (Po i i ce?C��i�� 11. Aaministrative Or�er D-7489 - Budqer revision in the Communi�y 5°S'ViC°5- Spec i a l Serv i ces Enterpr i se_ � /� �,� x /'�fs S . �� /V � C.'TY I-?ALL • SLVFa�ITF�i FLOOI'. . S�'IINT PAI1L.�il�ti`ESaT•�55I0'! ' •l�^u � ' � ��_�o,� 1985 - 1986 MAINTENANCE LABOR AGREEMENT - between - THE CITY OF SAINT PAUL - and - UNITED ASSOCIATION PIPEFITTERS LOCAL UNION N0. 455 . l�- ��-�v� INDEX ARTICLE TITLE PAGE Preamble iii I Purpose 1 II Recognition 2 III Employer Rights 3 IV Union Rights q V Scope of the Agreement 5 VI Probationary Periods ( VII Philosophy of Employment and Compensation 7 VIII Hours of Work g IX Overtime g X Call Back 10 XI Work Location, Residency 11 XII Wages 12 XIII Fringe Benefits 14 XIV Selection of Foreman and General Foreman 15 ' XV Severance Pay 16 XVI Holidays lg XVII Disciplinary Procedures 19 XVIII Absences From Work 20 XIX Seniority 21 XX Jurisdiction 22 XXI Separation 23 XXII Tools 24 XXIII Grievance Procedure 25 XXIV Right of Subcontract 30 XXV Non-discrimination 31 XXVI Severability 32 XXVII Waiver 33 XXVIII City Mileage Plan 34 XXIX Legal Services 35 XXX Duration and Pledge 36 Appendix A A1 Appendix B gl Appendix C C1 Appendix D D1 Appendix E E1 - ii - . � �-�vb P R E A M B L E This AGREEMENT is entered into between the City of Saint Paul, hereinafter referred to as the EMPLOYER and the United Association Pipefitters Local Union No. 455, hereinafter referred to as the UNION. The EMPLOYER and the UNION concur that this AGREEMENT has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The EMPLOYER and the UNION both realize that this goal depends not only on the words in the AGREEMENT but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the EMPLOYER, the UNION, and the individual employees will best serve the needs of the general public. - iii - i ARTICLE I - PURPOSE 1.1 The EMPLOYER and the UNION agree that the purpose for entering into this AGREEMENT is to: 1 .11 Achieve orderly and peaceful relations, 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 concerned; 1.12 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the EMPLOYER and the UNION; 1.13 Establish procedures to orderly and peacefully resolve disputes as to the application or inter- pretation of this AGREEMENT without loss of manpower productivity. 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 26 (SEVERABILITY) . - 1 - • � ��-�a,� ARTICLE II - RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, temporary, and emergency employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 73PR480A dated April 16, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. - 2 - ARTICLE III - EMPLOYER RIGHTS 3.1 The EMPLOYER retains the right to operate and manage all manpower, 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 determine 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 established by this AGREEMENT shall remain with the EMPLOYER to eliminate, modify, or establish following written notification to the UNION. - 3 - � � ��-�yd� ARTICLE IV - UNION RIGHTS 4.1 The EMPLOYER shall deduct from the wages of employees who suthorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies deducted shall be remitted as directed by the UNION. 4.11 The EMPLOYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any other labor organization. 4.12 The UNION shall indemnify and save harmless the EMPLOYER from any and all claims or charges made � against the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 The UNION may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the EMPLOYER in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 23 (GRIEVANCE PROCEDURE) . 4.3 Upon notification to a designated EMPLOYER supervisor, the Business Manager of the UNION, or his designated representative shall be permitted to enter the facilities of the EMPLOYER where employees covered by this AGREEMENT are working. - 4 - � ARTICLE V - SCOPE OF THE AGREEMENT 5.1 This AGREEMENT establishes the "terms and conditions of employment" defined by M.S. 179.63, Subd. 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. - 5 - � �- �-,�_�o� ARTICLE VI - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) month's probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.11 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 23 (GRIEVANCE PROCEDURE) . 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termina- tion, a copy of which shall be sent to the UNION. 6.2 All personnel promoted to a higher class of positions shall serve a six (6) months' promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsi- bilities shall be evaluated. 6.21 At any time during the promotional probationary period an employee may be demoted to the employee's previously held class of positions at the discretion of the EMPLOYER without appeal to the provisions of Article 23 (GRIEVANCE PROCEDURE) . 6.22 An employee demoted during the promotional probationary period shall be returned to the employee's previously held class of positions and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the UNION. - 6 - ARTICLE VII - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The EMPLOYER and the UNION are in full agreement that the philosophy of employment and compensation shall be a "cash" hourly wage and "industry" fringe benefit system. 7.2 The EMPLOYER shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (WAGES) and 13 (FRINGE BENEFITS) . 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this AGREEMENT: except those employees who have individually optioned to be "grandfathered" as provided by 12.2. - 7 - . @�-�s-�o� ARTICLE VIII - HOURS OF WORK 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. I 8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER'S judgment to establish second and third shifts or a work week of other than Monday through Friday, the UNION agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.6 All employees are subject to call-back by the EMPLOYER as provided by Article 10 (CALL BACK) . 8.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. 8.8 Standby. Any Refrigeration, Gas and Oil Serviceman who is required to be available for emergency service work on weekends and holidays shall be guaranteed work or wages and fringes equivalent to: 40 minutes for Friday nights 80 minutes for Saturday and Saturday night 80 minutes for Sunday and Sunday night or 80 minutes for any holiday and holiday night of such 24 hour shift. All of the above at time and one-half rate. If the employee is called in for work, the above time shall be a part of, not in addition to, the time worked. - 8 - ARTICLE IX - OVERTIME 9.1 All overtime compensated for by the EMPLOYER must receive prior authori- zation from a designated EMPLOYER supervisor. No overtime work claim 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, unless the required advance approval has been obtained. 9.2 The overtime rate of one and one-half (1}) the basic hourly rate shall be paid for work performed under the following circumstances: 9.21 Time worked in excess of eight (8) hours in any one normal work day and, 9.22 Time worked in excess of forty (40) hours in a seven (7) day period. 9.3 For the purposes of calculating overtime compensation overtime hours worked shall not be "pyramided", compounded, or paid twice for the same hours worked. 9.4 Overtime hours worked as provided by this ARTICLE shall be paid in cash or compensatory time as determined by the Employer. - 9 - ' /J r ��. �'D�o (�' ARTICLE X - CALL BACK 10.1 The EMPLOYER retains the right to call back employees before an I employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 10.2 Employees called back shall receive a minimum of four (4) hours pay at the basic hourly rate. 1 10.3 The hours worked based on a callback shall be compensated in accordance with Article 9 (OVERTIME) , when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME) . - 10 - ARTICLE XI - WORK LOCATION, RESIDENCY 11. 1 Employees shall report to work location as assigned by a designated EMPLOYER supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the EMPLOYER. 11.2 Employees assigned to work locations during the normal work day, other than their original assignment, and who are required to furnish their own transportation shall be compensated for mileage. 11.3 The resolution pertaining to residency approved July 26, 1979, under Council File No. 273378 shall apply to all employees covered by this AGREEMENT. - 11 - . � ��'s��° ARTICLE XII - WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid j for all hours worked by an employee. � � 4 12.2 Employees who are covered by the fringe benefits listed below shall � continue to be covered by such benefits. They shall be subject to all other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.21 Insurance benefits as established by City of Saint Paul Resolutions. 12.22 Sick Leave as established by Resolution No. 3250, Section 20. 12.23 Vacation as established by Resolution No. 6446, Section I, Subdivision H, however, employees in this bargaining unit, covered by this vacation provision, shall be granted vacation at the rate of 160 hours in each calendar year. 12.24 Ten (10) legal holidays as established by Resolution No. 6446, Section I, Subdivision I. 12.25 Severance benefits as established by Ordinance No. 11490 with a maximum payment of $4,000 or as established by Article 15 of this Agreement. 12.26 The EMPLOYER will for the period of this AGREEMENT provide for employees who are eligible for the City's Health and Welfare benefits and who retire after the time of execution of this AGREEMENT or who have retired since April 1, 1975, and until such employees reach sixtyfive (65) years of age such health insurance benefits as are provided by the EMPLOYER. - 12 - ARTICLE XII - WAGES (continued) 12.27 In order to be eligible for the benefits under the provision of 12.26 the EMPLOYEE must: 12.27.1 Be receiving benefits from a public employee retiree act at the time of retirement. 12.27.2 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 12.27.3 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 12.3 Regular employees not covered by the fringe benefits listed in Article 12.2 shall be considered, for the purposes of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12. 1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.4 Provisional, temporary, and emergency employees shall be considered, for the purposes of this AGREEMENT, participating employees and shall be com- pensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.5 Al1 regular employees employed after February 15, 1974, shall be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . - 13 - . � �� ARTICLE XIII - FRINGE BENEFITS 13.1 The EMPLOYER shall make contributions on behalf of and/or make ' deductions from the wages of employees covered by this AGREEMENT in accordance with Appendix D for all hours worked. 13.2 Effective May 1, 1985, provisional, probationary and regular employees employed in the title of Mechanical Inspector and Senior Mechanical Inspector-Pipefitter shall be eligible for paid holidays in accordance with the St. Paul Salary Plan and Rates of Compensation. The rates of pay in Appendix C for said participating employees have been reduced by an amount equal to the cost for granting ten (10) paid holidays. - 14 - ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN 14.1 The selection of personnel for the class of position Pipefitter Foreman shall remain solely with the EMPLOYER. 14.2 The class of position Pipefitter Foreman shall be filled by employees of the bargaining unit on a "temporary assignment". 14.3 All "temporary assignments" shall be made only at the direction of a designated EMPLOYER supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. - 15 - � ��v6 '� ARTICLE XV - SEVERANCE PAY 15.1 The employer shall provide a severance pay program as set forth in this Article. i 15.2 To be eligible for the severance pay program, an employee must meet the following requirements: 15.21 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 85" or "rule of 90" pro- visions of the Public Employees Retirement Association (PERA) . The "rule of 85" or "rule of 90" criteria shall also apply to employees covered by a public pension plan other than PERA. 15.22 The employee must be voluntarily separated from City employment or have been sub�ect to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 15.23 The employee must have at least ten (10) years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this Article, employ- ment in either the City or in the Independent School District No. 625 may be used in meeting this ten (10) year service requirement. 15.24 The employee must file a waiver of reemployment with the Director of Personnel, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type) , with the City or with Independent School District No. 625. 15.25 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 15.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to onehalf of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 15.4 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. -16- ARTICLE XV - SEVERANCE PAY (cont.) 15.5 For the purpose of this severance program, a death of an employee I shall be considered as separation of employment, and if the employee - would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay will be made to { C the employee's estate or spouse. 15.6 For the purpose of this severance program, a transfer from the � City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 15.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 15.8 This severance pay program shall be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control. 15.9 The provisions of this article shall be effective as of May 1, 1984. 15.10 Any employee hired prior to February 15, 1974 may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this article or the ordinance shall constitute a bar to receiving severance pay from the other. -17- � �_- �=�a� ARTICLE XVI - HOLIDAYS 16.1 The following ten (10) days shall be designated as holidays: New Year's Day, January 1 __ Martin Luther King Day, Third Monday in January (effective 1986) Presidents' Day, Third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Columbus Day, second Monday in October Veterans' Day, November I1 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 16.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 16.3 The ten (10) holidays shall be considered non-work days. 16.4 If, in the judgment of the EMPLOYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 10 (CALL BACK) . 16.5 Participating employees as defined in Articles 12.3, 12.4 and 12.5 working on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. This article shall not apply to employees entitled to holiday pay in accordance with Article 13.2 of this Agreement. 16.6 If an employee entitled to a holiday is required to work on Martin Luther King Day, President's Day, Christopher Columbus Day, or Veterans' Day, he shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department permits, or he shall be paid on a straight time basis for such hours worked, in addition to his regular holiday pay. If an employee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day or Christmas Day, he shall be recom- pensed for work done on this day by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such hours worked, in addition to his regular holiday pay. Eligibility for Holiday pay shall be determined in accordance with Section I, Subsection I of the St. Paul Salary Plan and Rates of Compensation. - 18 - ARTICLE XVII - DISCIPLINARY PROCEDURES 17.1 The EMPLOYER shall have the right to impose disciplinary actions on employees for just cause. 17.2 Disciplinary actions by the EMPLOYER shall include only the following actions: 17.21 Oral reprimand. 17.22 Written reprimand. 17.23 Suspension. 17.24 Demotion. 17.25 Discharge. 17.3 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 Civil Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appeal of a suspension, demotion, or discharge shall be considered a "grievance" for the purpose of processing through the provisions of Article 23 (GRIEVANCE PROCEDURE) . - 19 - � �-��- �o� ARTICLE XVIII - ABSENCES FROM WORK 18.1 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. 18.2 Failure to make such notification may be grounds for discipline as provided in Article 17 (DISCIPLINARY PROCEDURES) . 18.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a "quit" by the EMPLOYER on the part of the employee. - 20 - ARTICLE XIX - SENIORITY 19.1 Seniority, for the purposes of this AGREEMENT, shall be defined as follows: 19.11 "Master Seniority" The length of continuous regular and probationary service with the EMPLOYER from the last date of employment in any and all class titles covered by this AGREEMENT. 19.12 "Class Seniority" The length of continuous regular and probationary service with the EMPLOYER from the date an employee was first appointed to a class title covered by this AGREEMENT. 19.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or in3ury; is granted to allow an employee to accept an appointment to the unclassified service of the EMPLOYER or to an elected or appointed full-time position with the UNION. � 19.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 19.4 In the event it is determined by the EMPLOYER that it is necessary to reduce the work force employees will be laid off by class title within each department based on inverse length of "Class Seniority". Employees laid off shall have the right to reinstatement in any lowerpaid class title, provided, employee has greater "Master Seniority" than the employee being replaced. 19.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", sub�ect to the approval of the EMPLOYER. - 21 - . ��_ �.s�o,� ARTICLE XX - JURISDICTION 20. 1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject to determination by the various unions representing employees of the EMPLOYER. 20.2 The EMPLOYER agrees to be guided in the assignment of work juris- diction by any mutual agreements between the unions involved. 20.3 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. 20.4 Any employee refusing to perform work assigned by the EMPLOYER and as clarified by Sections 20.2 and 20.3 above shall be subject to disciplinary action as provided in Article 17 (DISCIPLINARY PROCEDURES) . 20.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. - 22 - ARTICLE XXI - SEPARATION 21.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 21. 11 Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 21 .12 Retirement. As provided in Article 15. 21.13 Discharge. As provided in Article 17. 21.14 Failure to Report for Duty. As provided in Article 18. 21.2 Employees having an emergency, temporary, or provisional employment status may be terminated at the discretion of the EMPLOYER before the completion of a nortnal work day. - 23 - ARTICLE XXIII - GRIEVANCE PROCEDURE 23.1 The EMPLOYER shall recognize Stewards selected in accordance with UNION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the names of the Stewards and of their successors when so named. 23.2 It is recognized and accepted by the EMPLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EMPLOYER. 23.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 17.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. 23.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this AGREEMENT, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved - 25 - � �� ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of . reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. SteP 2. Within seven (7) calendar days after receiving the written grievance a designated EMPLOYER supervisor shall meet with the UNION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UNION within three (3) calendar days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. - 26 - , ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) 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 shall 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 referred in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. Step 4. If the grievance remains unresolved, the UNION may within seven (7) calendar days after the respons� of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) calendar 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 Relations Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the - 27 - � �� ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) UNION shall have the right to strike two (2) names from the panel. 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 arbitrator. 23.5 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 writing 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 of the arbitrator shall be final and binding on the EMPLOYER, the UNION and the employees. - 28 - ARTICLE XXIII - GRIEVANCE PROCEDURE (continued) 23.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 23.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. - 29 - . (�_�-�'o(v I ARTICLE XXIV - RIGHT OF SUBCONTRACT 24.1 The EMPLOYER may, at any time during the duration of this AGREEMENT, contract out work done by the employees covered by this AGREEPIENT. In the event that such contracting would result in a reduction of the work force covered by this AGREEMENT, the EMPLOYER shall give the UNION a ninety (90) calendar day notice of the intention to subcontract. 24.2 The subcontracting of work done by the employees covered by this AGREEMENT shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. - 30 - ARTICLE XXV - NON-DISCRIMINATION 25.1 The terms and conditions of this AGREEMENT will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, or because of inembership or nonmembership in the UNION. 25.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public. - 31 - . � ��-�� ARTICLE XXVI - SEVERABILITY 26.1 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, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 26.2 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 determination. - 32 - ARTICLE XXVII - WAIVER 27.1 The EMPLOYER and the UNION acknowledge that during the meeting and negotiating which resulted in this AGREEMENT, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREEMENT. 27.2 Therefore, the EMPLOYER and the UNION for the duration of this AGREEMENT agree that the other party shall not be obligated to meet and negotiate over any term or conditions of employment whether specifically covered or not specifically covered by this AGREEMENT. The UNION and EMPLOYER may, however, mutually agree to modify any provision of this AGREEMENT. 27.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this AGREEMENT, are hereby superseded. - 33 - . C'�l� �/`j �� ARTICLE XXVIII - CITY MILEAGE 28.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 28.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $3.00 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 15C 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 reim- bursed at the rate of 15C per mile driven and shall not be eligible for any per diem. Type 2. If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reimbursed at the rate of $3.00 per day for each day of work. In addition, the employee shall be reimbursed 15C 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 reim- bursed at the rate of 15� per mile driven and shall not be eligible for any per diem. 28.3 The City will provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plans 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. 28.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits 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 $100,000/$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 file with the city clerk. - 34 - ARTICLE XXIX - LEGAL SERVICES 29.1 Except in the case of malfeasance in office or willful or wanton neglect of duty, the �LOYER shall defend, save harmless and indemnify an employee and/or his estate against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission in the operation of a city-owned motor vehicle occurring in the performance and scope of the employee's duties. - 35 - . �= ��-go� ARTICLE XXX - DURATION AND PLEDGE 30.1 This Agreement shall become effective as of May 1, 1985, and shall remain in effect through the 30th day of April, 1987, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 30. 30.2 If either party desires to terminate or modify this AGREEMENT, effective as of the date of expiration, 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. 30.3 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 concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the AGREEMENT: 30.31 The UNION and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment. 30.32 The EMPLOYER will not engage in, instigate, or condone any lockout of employees. - 36 - ARTICLE XXX - DURATION AND PLEDGE (continued) 30.33 This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, 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 this 15th day of May 1985, 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 representative for the EMPLOYER and the UNION. WITNESSES: UNITED ASSOCIATION PIPEFITTERS CITY OF SAINT PAUL LOCAL UNION N0. 455 . La or Relatio Director Business Manag r Civil Service Commission - 37 - . ��-�� ' � APPENDIX A The classes of positions recognized by the EMPLOYER as being exclusively represented by the UNION are as follows: Pipefitter-Foreman Pipefitter Apprentice Refrigeration, Gas and Oil Serviceman Mechanical Inspector Senior Mechanical Inspector-Pipefitter and other classes of positions that may be established by the EMPLOYER where the duties and responsibilities assigned comes within the jurisdiction of the UNION. - A1 - I - ��S--�� APPENDIX C The basic hourly wage rate for provisional, regular and probationary employees appointed to the following class of positions and not receiving the Fringe Benefits listed in Article 12.2 shall be: Effective Effective 4-27-85 4-26-86 Pipefitter . . . . . . . . . $18.48* $18.96* Refrigeration, Gas & Oil Serviceman. . $18.48* $18.96* Pipefitter Foreman . . . . . . . . . . $19.92* $20.40* Pipefitter-Controls Specialist . . . . $18.48* $18.96* Mechanical Inspector lst Step . . $17.77* $18.23* 2nd Step . . $19.15* $19.62* Senior Mechanical Insp.-Pipefitter . . $20.08* $20.55* The basic hourly wage rate for temporary and emergency employees appointed to the following class of positions shall be: Effective Effective 4-27-85 4-26-86 Pipefitter . . . . . . . . . $19.22* $19.72* Refrigeration, Gas & Oil Serviceman. . $19.22* $19.72* Pipefitter Foreman . . . . . . . . . . $20.72* $21.22* Pipefitter-Controls Specialist . . . . $19.22* $19.72* Mechanical Inspector lst Step . . $19.22* $19.72* 2nd Step . . $20.72* $21.22* Senior Mechanical Insp.-Pipefitter. . $21.72* $22.22* The basic hourly wage rate for regular employees appointed to the following class of positions who are receiving the fringe benefits listed in Article 12.2 shall be: Effective Effective 4-27-85 4-26-86 Pipefitter . . . . . . . . . $17.88 ** Pipefitter Foreman . . . . . . . $19.12 ** Pipefitter-Controls Specialist . . $17.88 ** Mechanical Inspector lst Step $17.88 ** 2nd Step $19.12 ** Senior Mech. Inspector-Pipefitter . $19.95 ** The wage rate for the title of Mechanical Inspector shall consist of two steps. The first step shall be the entry level step. The second step shall be paid to those who successfully perform for at least 1040 hours at the entry level. If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the above applicable rates for participating em- ployees in such a way that the total cost of the package (wage rate plus contri- butions) remain constant. *This rate includes the $2.00 taxable Credit Union contributions. - C1 - I APPENDIX C (continued) **The April 26, 1986 hourly rates in this contract shall be the rates as shown below less the cost of sick leave usage for 1985 and less the cost of holidays, pension and vacation for 1986 and less the cost of health and life insurance for the period May, 1985 thru April, 1986, incurred by the employer for employees in this bargaining unit. Pipefitter $23. 13 Pipefitter Foreman $24.63 Pipefitter-Controls Specialist $23.13 Mechanical Inspector lst Step $23.13 2nd Step $24.63 Senior Mech. Inspector-Pipefitter $25.63 - C2 - � ��6� APPENDIX D Effective May 1, 1985, the EMPLOYER shall: (1) contribute $2.00 per hour from which payroll deductions have been made for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT, to a Union designated Credit Union. (2) contribute $1.53 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT, to a Health and Welfare Fund. (3) contribute $1.78 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT to the Pension Fund. (4) contribute $ .08 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT, to the Journeyman and Apprenticeship Training Fund. (5) contribute $ .02 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this AGREEMENT to the General Benefit Fund. All contributions made in accordance with this Appendix shall be forwarded to the Twin City Pipe Traders Service Association. The EMPLOYER shall establish Workman's Compensation and Unemployment Compensa- tion programs as required by Minnesota Statutes. - D1 - I APPENDIX D (continued) The EMPLOYER'S fringe benefit obligation to participating employees as defined in Articles 12.3, 12.4 and 12.5 is limited to the contributions and/or deductions established by this AGREEMENT. The actual level of benefits pro- vided to employees shall be the responsibility of the Trustees of the various funds to which the EMPLOYER has forwarded contributions and/or deductions. - D2 - � ��'��o� APPENDIX E WORKING CONDITIONS FOR SENIOR MECHANICAL INSPECTORS, MECHANICAL INSPECTORS, REFRIGERATION INSPECTORS AND GAS BURNER INSPECTORS As a result of the 1974 settlement, the Parties have established craft- determined rates for Senior Mechanical Inspectors, Mechanical Inspectors, Refrigeration Inspectors and Gas Burner Inspectors, with specific under- standing that such agreement is restricted to establishing rates of pay for such classifications. It is, consequently, agreed that the EMPLOYER in applying Article 3 - EMPLOYER RIGHTS of the MAINTENANCE LABOR AGREEMENT, shall have the right to operate the Department in the same manner as heretofore, with management rights unaffected, and that the establishment of separate rates for these classifications as well as for Inspector classifications in other Bargaining Units, may not result in disputes over assignments or over rates of pay for work performed, nor will any jurisdictional claims or restrictions be asserted by the UNION because members of various Inspector classifications are assigned to work which is also performed by other Inspector classifications. - E1 - ' ,