The URL can be used to link to this page

85-1038 WMITE - CiTY CLERK COUI1Cll PINK - FINANCE I TY OF SA I NT PALT L CANARY - DEPARTMENT BLUE - MAVOR � F1Ie NO. ��/o� -, ouncil Resolution Presente By � ' i Referred To � �-- Committee: Date � � � ^�� Out of Committ e By Date RESOLVED, that the Co cil of the City of Saint Paul approves and ratifies the attached 1 85 Maintenar�ce Labor Agreement between the City of Saint Paul and United Slate a d Tile and C�omposition Roofers, Damp and Waterproof Workers Association Local 96. II, i � , ,i I I i I �i I I I � ', COUNCILMEN Yeas �� Nay � Requested by Department of: nnasanz In Favor PERSON L OFFICE Nicos�a Scr,e�bei _ � __ Against BY Sonnen Tedesco W��Sp� UG 8 �g85 Form Ap oved Cit A o y Adopted by Council: Date ( Certified P _ •e b Coun .il re y` BY By � Appro by INavor: Da � I1UG 1 1+ t985 Appr y Mayor for Subm' ion t .0 ncil BY — — B �UBLiSHED �►U G 2 419,85 Personnel Office DEhARTME�tT �1 ��d�� NO 2034 Jeanette Sobania � � CONTACT 4221 PHONE �� Jul 9 1985 DATE ASSIGN NUMBER FOR RO ING ORDER li Al1 Locations for Si nature : � Department Direct r 3 Director of Management/Mayor , Finance and Mana ment Servic s Director 4 City Clerk Budget Director 'City Attorney WHAT WILL BE ACHIEVE BY TAKING TION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : This resolution appr ves the 198 Agreement between the City of St. Paul and the Roofers Local 96. This chan e in the ne Agreement includes the additional holiday of Martin Luther King Day and Wages. The wage in rease is based on the outside union settlement. The total package is increased .25 per hou to $19.75 COST BENEFIT BUD6ET RY AND PERS NNEL IMPACTS ANTICIPATED: None. The City has o employees employed in the title of Roofer. Temporary employees are hired when needed. R��r�x�.I.� �, � J L 1 ? i9�5 �� f�ir�YGi;�� rriCE � FINANCING SOURCE AN BUDGET ACTI ITY NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of ransaction: quired if under $10,00Q) Funding Source: � Activity Number: ATTACHMENTS List a d Number All Attachments : 1 . Resolution 2. Copy for City lerk DEP TMENT R IEW CITY ATTORNEY REVIEW es o Coun il Resolutio Required? Resolution Required? Yes " No Yes No Insu nce Require ? Insurance Sufficient? Yes No �� Yes � Insu nce Attache : (SEE R VERSE SIDE FOR INSTRUCTIONS) Revised 12/84 HOW TO USE THE G�,2EEN SHEET The GREEN SHEET has several PURPOSES: 1. to assist in routing documents and in securing required signatures 2. to brief the reviewers of documents on the impacts of approval 3. to help ensure that necessary supporting materials are prepared, and, if required, attached. Providing complete information under the listed headings enables reviewers to make decisions on the documents and eliminates follow-up contacts that may delay execution. The COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS heading provides space to explain the cost/benefit aspects of the decision. Costs and benefits related both to City budget (General Fund and/or Special Funds) and to broader financial impacts (cost to users, homeowners or other groups affected by the action) . The personnel impact is a description of change or shift of Fu11-Ti.me Equivalent (FTE) positions. If a CONTRACT amount is less than $,10,000, the Mayor's signature is not required, if the department director signs. A contract must always be first siqned by the outside agency before routing through City offices. Below is the preferred ROUTING for the five most frequent types of documents: CONTRACTS (assumes authorized budget exists) 1. Outside Agency 4. Mayor � 2. Initiatinq Department 5. Finance Director 3. City Attorney 6. Finance Accounting ADMINISTRATIVE ORDER (Budget Revision) ADMINISTRATIVE ORDERS (all others) 1. Activity Manager 1. Initiating Department 2. Department Accountant 2. City Attorney 3. Department Director 3. Director of Management/Mayor 4. Budget Director 4. City Clerk 5. City Clerk 6. Chief Accountant, F&MS COUNCIL RESOLUTION (Amend. Bdgts./Accept. Grants) COUNCIL RESOLUTION (all others) 1. Department Director l. Initiating Department 2. Budget Director 2. City Attorney 3. City Attorney 3. Director of Management/Mayor 4. Director of Management/Mayor 4. City Clerk 5. Chair, Finance, Mngmt. & Personnel Com. 5. City Council . 6. City Clerk 7. City Council 8. Chief Accountant, F&MS SUPPORTING MATERIALS. In the ATTACHMENTS section, identify all attachments. If the Green Sheet is well done, no letter of transmittal need be included (unless signing such a letter is one of the requested actions) . Note: If an agreement requires evidence of insurance/co-insurance, a Certificate of Insurance should be one of the attachments at time of routing. Note: Actions which require City Council Resolutions include: l. Contractual relationship with another governmental unit. 2. Collective bargaining contracts. 3. Purchase, sale or lease of land. 4. Issuance of bonds by City. 5. Eminent domain. 6. Assumption of liability�by City, or granting by City of indemnification. 7. Agreements with State or Federal Government under which they are providing funding. 8. Budget amendments. • i , . ��_io3� � ' 1985 MAINTENANCE LABOR AGREEMENT ' - between - ' THE CITY OF SAINT PAUL - and - UNITED SLATE AND TILE AND COMPOSITION ROOFERS, �AMP AND WATERPROOF WORKERS ASSOCIATION, LOCAL 96 � I ; i . . , , ��.� -/D��' . , , INDEX , ARTICLE TITLE i PAGE Preamble�, iii I Purpose �� 1 II Recognitjion 2 III Employerj Rights 3 IV Union R�ghts 4 V Scope o the Agreement 5 VI Probatic�nary Periods 6 VII Philoso�hy of Employment and Compensation 7 VIII Hours o Work 8 IX Overtim� 9 X Call Ba¢k 10 XI Work Lo�ation 11 XII Wages i 12 XIII Fringe �enefits 14 XIV Selecti�n of Foreman and General Foreman 15 XV Holiday� 16 XVI Discipl�.nary Procedures 17 XVII Absences From Work 18 XVIII Seniori�y 19 _ XIX Jurisdi�tion 20 XX Separat on 21 XXI Tools ' 22 XXII Grievan�Ce Procedure 23 XXIII Right of Subcontract 27 RIV NonDiscrimination 28 XXV Severab�ility 29 XXVI Waiver � 30 XXVII Mileage� 31 XXVIII Duratiqn and Pledge 32 Append x A A1 Append x B B1 Append x C C1 Append x D D1 � � ' - ii - i � c� �.��.� � . , PREAMBLE This GREEMENT is �entered into between the City of Saint Paul, herein- after refe red to as thle EMPLOYER, and the United Slate and Tile and Compositio Roofers, Da�mp and Waterproof Workers Association, Roofers Local 96, herein fter referr$d to as the UNION. The LOYER and �he UNION concur that this AGREEMENT has as its objective he promotiot� of the responsibilities of the City for the benefit of the ge eral public ithrough effective labormanagement cooperation. The LOYER andjthe UNION both realize that this goal depends not I r her rimaril on attitudes between only on t e words in $he AGREEMENT, but at p y people at all levels 0f responsibility. Constructive attitudes of the EMPLOYER, the UNION, and the in�lividual employees will best serve the needs of the general blic. � - iii - _ �c ��'-�0 3� ARTICLE I PURPOSE , 1 .1 The LOYER and t�he UNION agree that the purpose for entering into this GREMENT is tjo: 1.11 chieve orde�!ly and peaceful relations, thereby establishing system of u�ninterrupted operations and the highest level f employee �erformance that is consistent with the safety nd wellbein� of all concerned; 1.12 et forth ra�es of pay, hours of work, and other conditions f employmen� as have been agreed upon by the EMPLOYER and he UNION; 1.13 stablish pr�cedures to orderly and peacefully resolve isputes as to the application or interpretation of this GREEMENT wikhout loss of manpower productivity. 1.12 The LOYER and tthe UNION agree that this AGREEMENT serves as a supple- ment to legislatipn that creates and directs the EMPLOYER. If any part of t is AGREEMENT is in conflict with such legislation, the latter shall prev il. The parties, on written notice, agree to negotiate that part in c nflict so tt�at it conforms to the statute as provided by Article 25 � (SEV RABILITY) . ' i � I � - 1 - 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. 73PRS11A dated May 11, 1973. 2.2 The classes of position recognized as being exclusively represented by the UNION are as listed in Appendix A. - 2 - + I . I � �S-/d3� , ARTICLE II - EMPLOYERIRIGHTS 3.1 The LOYER retai�ns the right to operate and manage all manpower, facil ties, and ec�uipment; to establish functions and programs; to set a d amend bud�ets; to determine the utilization of technology; to es ablish and �podify the organizational structure; to select, direc and determ�ne the number of personneZ; and to perform any inher nt manageri l function not specifically limited by this AGREE NT. 3.2 Any " erm or cond tion of employment" not established by this AGRE NT shall r�main with the EMPLOYER to eliminate, modify, or estab ish followi�g written notification to the UNION. , � �i I �, '' - 3 - � II i ARTICLE IV - UNION RIGHTS 4.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies deducted shall be remitted as directed by the UNION. 4.11 The EMPLOYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any other labor organization. 4.12 The UNION shall indemnify and save harmless the EMPLOYER from any and all claims or charges made against the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 The UNION may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the EI�D.'LOYER in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 22 (GRIEVANCE PROCEDURE) . 4.3 Upon notification to a designated EMPLOYER supervisor, the Business Manager of the UNION, or his designated representative shall be per- mitted to enter the facilities of the EMPLOYER where employees covered by this AGREEMENT are working. - 4 - i . U�"��/D�� . ARTICLE V SCOPE OF TH� AGREEMENT 5.1 This GREEMENT est�ablishes the "terms and conditions of employment" i defin d by M.S. 17�9.63, Subdivision 18 for all employees exclusively repre ented by thd UNION. This AGREEMENT shall supersede such "term and condit�ons of employment" established by Civil Service Rule, Council Ord�nance, and Council Resolution. i � � I i I - 5 - i ARTICLE VI — PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired follo�ing 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 22 (GRIEVANCE PROCEDURE) . 6.12 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 tTIVION. 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 posYtions' duties and responsibilities 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 22 (GRIEVAI`'CE 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 or the reasons for demotion, a copy of which shall be sent to the UNION. - 6 - - - - - - . . � (�g5-/�3�. ARTICLE VI - PHILOSOPI�iY OF EMPLOYMENT AND COMPENSATION 7.1 The LOYER and �he UNION are in full agreement that the philosophy of em loyment andjcompensation shall be a "cash" hourly wage and "indu try" fringe� benefit system. 7.2 The LOYER sha1�L compensate employees for all hours worked at the i basic hourly wagelrate and hourly fringe benefit rate as found in Artic es 12 (WAGE�) and 13 (FRINGE BENEFITS) . 7.3 No ot er com ensalion or frin e benefit shall be accumulated or P � 8 earne by an empl{�yee except as specifically provided for in this AGRE NT; exceptlthose employees who have individually optioned to be "grandfathe�ed" as provided by 12.2. i ' � �! �I - 7 - ARTICLE VIII - HOURS OF WORK 8.1 The normal work day shall be eight (8) consecutive hours per day, ex- cluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER'S judgment to establish second and third shifts or a work week of other than Monday through Friday, the UNION agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.6 All employees are sub�ect to callback 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 - . . ' ��j�/03� ARTICLE IX - OVERTIME 9.1 Overt me. Time onjthe payroll in excess.of the normal hours set forth above shall be "ovlertime work" and shall be done only by order of the head i the depart�ment. An employee shall be recompensed for work done in ex ess of the x�ormal hours by being granted compensatory time on a timea donehalf basjis or by being paid on a timeandonehalf basis I for s ch overtime �lwork. The basis on which such overtime shall be paid shall be determin�d solely by the EMPLOYER. 9.2 The o ertime rateiof one and one-half (1}) times the basic hourly rate shall be paid for ',work performed under the following circumstances: 9.21 ime worked �n excess of eight (8) hours in any one normal ork day and 9.22 ime worked $.n excess of forty (40) hours in a seven (7) ay period. , 9.3 For t e purposes bf calculating overtime compensation, overtime hours ' worke shall not �e "pyramided", compounded, or paid twice. for the same hour worked. ime as determined b 9.4 Over ime shall be� paid in cash or compensatory t y the mployer. i � I I �� ' - 9 - � I ARTICLE X - CALL BACK 10.1 The EMPLOYER retains the right to call back employees before an 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. 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 - WAGES i 12.1 The b sic hourly age rates as established by Appendix C shall be paid for a 1 hours wor ed by an employee. 12.2 Emplo ees who are covered by the fringe benefits listed below shall continue to be covered by uch benefits. They shall be subject to all other provisions of th AGREEMENT, but shall not have hourly fringe benefit contributions and/o deductions made on their behalf as provided for by Article 13 (FRIN E BENEFITS) � 12.21 Insurance ',benefits as established by City of Saint Paul Resolutio�hs. 12.22 Sick Leav� as established by Resolution No. 3250, Section 20. 12.23 Vacation �s established by the Saint Paul Salary Plan and Rates of �ompensation, Section I, Subdivision H. 12.24 Ten (10) legal holidays as established by the Saint Paul Salary P1 n and Rates of Compensation, Section I, Subdivision I. 12.2 Severance benefits as established by Ordinance No. 11490 with a ma imum payment of $4,000. 12.2 The EMPL ER will for the period of this AGREEMENT provide for employees working under the titles as listed in Appendix A who retire at�ter the time of execution of this AGREEMENT or who have ret3Jred since September 1, 1974, and until such employees reach si�ty-five (65) years of age such life, hospital and medical �nsurance benefits as are provided by the EMPLOYER - 12 - � - � , . �,,��.�-�o�� , ARTICLE XI - WORK LOCATION 11.1 Employees shall report to work location as assigned by a designated EMPLOYER supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the EMPLOYER. 11.2 Employees assigned to work locations during the normal work day, other than their original assignment, and who are required to furnish their own transportation shall be compensated for mileage. . - 11 - . . ��-�d3� . . � ARTICLE XI - WAGES (c�ntinued) 12.27 In order t� be eligible for the benefits under the provision of 12.26 t�e employee must: 12.27.1 Bp receiving benefits from a public employee r�tiree act at the time of retirement. 12.27.2 H�ve severed his relationship with the City of S int Paul under one of the early retiree plans. 12.27.3 I form the Personnel Office of the City of Saint P�ul in writing within 60 days of employee's e�rly retirement date that he or she wishes to be e igible for early retiree insurance benefits. � 12.3 Regul r employees, not covered by the fringe benefits listed in Article 12.2 hall be con�idered, for the purposes of this AGREEMENT, participating empl ees and sha�.l be compensated in accordance with Article 12.1 (WAGES) and ve fringe b�nefit contributions and/or deductions made on their behalf as p vided for b� Article 13 (FRINGE BENEFITS) . 12.4 Prov sional, tempbrary and emergency employees shall be considered, for the purp se of this A�REEMENT, participating employees and shall be compensated in a cordance wit� Article 12.1 (WAGES) and have fringe benefit contributions and/ r deductions; made in their behalf as provided for by Article 13 FRINGE BENE ITS) . ; 12.5 All egular emplo ees employed after February 15, 1974, shall be considered for he purpose o this AGREEMENT, participating employees and shall be comp nsated in accordance with Article 12.1 (WAGES) and have fringe benefit cont ibutions and/or deductions made on their behalf as provided for by Arti le 13 (FRIN(�E BENEFITS) . �I - 13 - I 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. - 14 - . �I� �,�/0311 ARTICLE XI - SELECTION OF FOREMAN AND GENERAL FOREMAN 14.1 The s lection of p�ersonnel for the class of position of Foreman shall remain solel�y with the EMPLOYER. 14.2 The c ass of posiqion reman shall be filled by employees of the barga ning unit o� a 1'tempora y assignment". � 14.3 All " emporary as�igna�ents" shall be made only at the direction of a I desig ated EMPLOY�R su�ervisor. 14.4 Such 'temporary a�signments" shall be made only in cases where the class of position� is vacant for more than one (1) normal work day. !, � i � - 15 - I , ARTICLE XV - HOLIDAYS 15.1 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 Columbus Day, second Monday in October Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 15.2 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. 15.3 The ten (10) holidays shall be considered non-work days. 15.4 If, in the �udgment of the EMPLOYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article X (CALL BACK) . 15.5 Employees working on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. - 16 - - . . �I �,��/o�� ARTICLE XV - DISCIPLII�ARY PROCEDURES I 16.1 The LOYER shall� have the right to impose disciplinary actions on emplo ees for �ustl cause. 16.2 Disci linary actiqns by the EMPLOYER shall include only the following actio s: �� 16.21 Oral repri�and 16.22 Written repjrimand 16.23 Suspension 16.24 Demotion 16.25 Discharge I 16.3 Emplo ees who are �suspended, demoted, or discharged shall have the right to re uest that s�ch actions be reviewed by the Civil Service Co�nission or a esignated Bc�ard of Review. The Civil Service Commission, or a desig ated Board ¢f Review, shall be the sole and exclusive means of revie ing a suspe�gsion, demotion, or discharge. No appeal of a suspension, demot on, or disct�arge shall be considered a "grievance" for the purpose of pr cessing thr�ugh the provisions of Article 22 (GRIEVANCE PROCEDURES) . I�� , - 17 - � ARTICLE XVII - ABSENCES FROM WORK 17.1 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. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (DISCIPLINARY PROCEDURES) . 17.3 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. - 18 - ��,o�� . ARTICLE XV II - SENIOR�TY 18.1 Senio ity, for th� purposes of this AGREEMENT, shall be defined as follo s: I 18.11 "Master Se iority" the length of continuous regular and probat onary service with the EMPLOYER from the last date f employment in any and all class titles covered bylthis AGREEMENT. 18.12 "Class Sen ority" the length of continuous regular and probat�onary service with the II�LOYER from the date an em�loyee was first appointed to a class title covered by', this AGREEMENT. 18.2 Senio ity shall n�t accumulate during an unpaid leave of absence, except when uch a leaveiis granted for a period of less than thirty (30) calen ar days; is', granted because of illness or in3ury; is granted to allow an employee'� to accept an appointment to the unclassified service of th EMPLOYER o� to an elected or appointed fulltime position with the ION. ', 18.3 Senio ity shall t�rminate when an employee retires, resigns, or is disch rged. I' � 18.4 In th event it iG determined by the EMPLOYER that it is necessary to reduc the work fprce employees will be laid off by class title within each epartment b�sed on inverse length of "Class Seniority". Employees laid ff shall ha�e the right to reinstatement in any lowerpaid class title, provided, mployee has greater "Master Seniority" than the employee bein replaced. 18.5 The election of �vaction periods shall be made by class title based on leng h of "Class �Seniority", subject to the approval of the EMPLOYER. - 19 - ARTICLE XIX - JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various union representing employees of the EMPLOYER. 19.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the union involved. 19.3 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. 19.4 Any employee refusing to perform work assigned by the EMPLOYER and as clarified by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (DISCIPLINARY PROCEDURES) . 19.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. - 20 - i . . ; �,�=io3� - � . ARTICLE XX - SEPARATIONI 20.1 Emplo ees having a� probationary or regular employment status shall be co sidered seplrated from employment based on the following � actfo s: 20.11 Resignatio�. Employees resigning from employment shall givelwritten notice fourteen (14) calendar days prior to the effective date of the resignation. 20.12 Discharge. ', As provided in Article 16. 20.13 Failure tojReport for Duty. As provided in Article 17. 20.2 Emplo ees having $n emergency, temporary, or provisional employment stat s may be terWinated at the discretion of the EI�LOYER before the comp etion of a nbrmal work day. I _ II �I i - 21 - i I I ARTICLE XXI - TOOLS � ' � 21.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. - 22 - . . I ld.�� . . � �5 ARTICLE XX I — GRIEVAN E PROCEDURE � 22.1 The LOYER shal]� recognize stewards selected in accordance with UNION rules and regulati�ons as the grievance representative of the bargaining unit. The UNION �hall notify the EMPLOYER in writing of the names of the s ewards and c�f their successors when so named. I 22.2 It is recognized �nd accepted by the EMPLOYER and the UNION that the i proce sing of gri�vances as hereinafter provided is limited by the �ob dutie and respon$ibilities of the employees and shall therefore be accom lished duri�g working hours only when consistent with such employee dutie and respon�ibilities. The steward involved and a grieving employee shall suffer no lcbss in pay when a grievance is processed during working hours provided, t�e steward and the employee have notified and received � the a proval of ti�eir supervisor to be absent to process a grievance and that uch absencejwould not be detrimental to the work programs of the the LOYER. 22.3 The p ocedure est�blished by this ARTICLE shall be the sole and exclusive proce ure, except ; for the appeal of disciplinary action as provided by 16.3, for the pro�essing of grievances, which are defined as an alleged viola ion of the erms and conditions of this AGREII�tENT. 22.4 Griev nces shall e resolved in conformance with the following procedure: te 1. Upo the occurrence of an alleged violation of his AGREEME T, the employee involved shall attempt to esolve the atter on an informal basis with the employee's upervisor. , If the matter is not resolved to the employee's satisfactionjby the informal discussion it may be reduced - � I - 23 - I � ARTICLE XXII - GRIEVANCE PROCEDURE (continued) 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 U1vI0N 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 un- resolved, 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. - 24 - \ . �,F�,�/03� ARTICLE XX I - GRIEVANdE PROCEDURE (continued) te 3. Witt�in seven (7) calendar days following receipt of a rievance re erred from Step 2 a designated EMPLOYER supervisor hall meet w th the Union Business Manager or his designated epresentati e and attempt to resolve the grievance. Within even (7) ca endar days following this meeting the EN�LOYER hall reply n writing to the UNION stating the ENIPLOYER'S nswer concex{ning the grievance. If, as a result of the itten respc#nse the grievance remains unresolved, the UNION ay refer the� grievance to Step 4. Any grievance not referred o in writin� by the UNION to Step 4 within seven (7) calendar ays followir�g receipt of the EMPLOYER'S answer shall be onsidered w�ived. � te 4. If t�he grievance remains unresolved, the UNION may within even (7) ca�endar days after the response of the ENNiPLOYER in tep 3, by w�itten notice to the EMPLOYER, request arbitration f the griev�nce. The arbitration proceedings shall be conducted y an arbitr$tor to be selected by mutual agreement of the EMPLOYEP. nd the UNIOI� within seven (7) calendar days after notice has been iven. If t�De parties fail to mutually agree upon an arbitrator ithin the s�id seven (7) day period, either party may request he Public E�ployment Relation Board to submit a panel of five (5) rbitrators. j Both the EMPLOYER and the UNION shall have the right o strike tw� (2) names from the panel. The UNION shall strike he first (l�t) name; the EMPLOYER shall then strike one (1) ame. The p�ocess will be repreated and the remaining person hall be thei� arbitrator. I I - 25 - I ARTICLE XXII - GRIEVANCE PROCEDURE (continued) 22.5 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, which- ever 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. 22.6 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 cancels an arbitration hearing or asks for a last-minute postponement that leads to the arbitrators making a change, the canceling party or the party asking for the postponement shall pay this charge. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. - 26 - . . ��d3� ARTICLE III- RIGHT 0�' SUBCONTRACT 23.1 The LOYER ma ,, at an time durin the duration of this AGREEMENT y , y g , cont act out work done by the employees covered by this AGREEMENT. In t e event that such contracting would result in a reduction of the work force covere by this AGREEMENT, the EMPLOYER shall give the UNI01�' a ni ety (90) cal ndar day notice of the intention to subcontract. 23.2 The ubcontractin� of work done by the employees covered by this AGRE NT shall i�► all cases be made only to employers who qualify in a cordance wit� Ordinance No. 14013. i I � �! '! . �, , I � I '� i - 27 - I I ARTICLE XXIV- NONDISCRIMINATION 24.1 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 membership or nonmembership in the UNION. 24.2 Employees will perform their duties and responsibilities in a non- discriminatory manner as such duties and responsibilities involve other employees and the general public. - 28 - . ��,a�� . � ARTICLE XX - SEVERABII�ITY 25.1 In th event that ��any provision(s) of this AGREEMENT is declared to be contrary tollaw by proper legislative, administrative, or judic al authorit}� from whose finding, determination, or decree no ap eal is take�, such provision(s) shall be voided. All other provi ions shall �ontinue in full force and effect. 25.2 The p rties agree '',to, upon written notice, enter into negotiations to pl ce the void$d provisions of the AGREEMENT in compliance with the 1 gislative, �dministrative, or judicial determination. � I i I , � I ; I '� � � - 29 - I I ARTICLE XXVI - WAIVER ' ' ' 26.1 The EMPLOYER and the UNION acknowledge that durin�g 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 under- standings reached by the parties after the exercise of this right are fully and completely set forth in this AGREEMENT. 26.2 Therefore, the EMPLOYER and the UNION for the duration of this AGREEMENT agree that the other party shall not be obligated to meet and negotiate over any term or 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 AGREEMErTT. 26.3 Any and all prior ordinances, agreements, resolutions, practices, _ policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this AGREEMENT, are hereby superseded. - 30 - i . . � ��d��' ARTICLE XX�II - MILEAGEI 27.1 Autom bile Reimbursement Authorized: Pursuant to Chapter 33 of the � Saint Paul Administrative Code, as amended, pertaining to reimbursement of Ci y officers a�d employees for the use of their own automobiles in the p rformance of�, their duties, the following provisions are adopted. 27.2 Metho of Com utat'ion: To be eligible for such reimbursement, all offic rs and emplo ees must receive written authorization from the Depar ment Head. T e . If an employee is required to use his/her own automobile OCCAS ONALLY durin employment, the employee shall be reimbursed at the r te of $3.00 �er day for each day the employee's vehicle is actua ly used in plerforming the duties of the employee's position. In ad ition, the ejmployee shall be reimbursed 15C per mile for each mile ctually driv�n. If su h employee i�s required to drive an automobile during employment and the d partment hea�d or designated representative determines that an emplo er vehicle i�s available for the employee's use but the employee desir s to use hisj/her own sutomobile, then the employee shall be reim- burse at the rate� of 15C per mile driven and shall not be eligible for a y per diem. T e If an emp oyee is required to use his/her own sutomobile REGU •LY during e�mployment, the employee shall be reimbursed at the rate f $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 su h employee is required to drive an automobile during employment and t e department head or designated representative determines that an em loyer vehicl is available for the employee's use but the employee desir s to use his/her own automobile, then the employee shall be reim- burse at the ratelof 15C per mile driven and shall not be eligible for any p r diem. 27.3 The C ty will provlide parking at the Civic Center Parking Ramp for City emplo ees on eithe�r of the above mentioned types of reimbursement plans who a e required t have their personal car available for City business. Such arking will e provided only for the days the employee is required to ha e his or her own personal car available. 27.4 Rules and Re ulat ns: The Mayor shall adopt rules and regulations gover ing the proc dures for sutomobile reimbursement, which regulations and r les shall co tain the requirement that recipients shall file daily repor s indicating miles driven and shall file monthly affidavits stating the n mber of days worked and the number of miles driven, and further requi e that they sintain automobile liability insurance in amounts of not 1 ss than $100,000/$300,000 for personal in�ury, and $25,000 for prope ty damage, or liability insurance in amounts not less than $300,000 singl limit coverage, with the City of Saint Paul named as an additional insur d. These r les and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. - 31 - II ARTICLE XXVIII - DURATION AND PLEDGE 28.1 This AGREEMENT shall become effective as of the date of signing, except as specifically provided otherwise in Articles 12 and 13 and shall remain in effect through the 30th day of April, 1986, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 28.2. 28.2 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. 28.3 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: 28.31 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 in part from the full, faithful performance of their duties of employment. - 32 - � . . � ,�.�,a3�' � ARTICLE XX III - DURAT ON AND PLEDGE (continued) 28.32 The EMPLOY�R will not engage in, instigate, or condone any lockou� of employees. 28.33 This const tutes 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 is als subject to ratification by the UNION. AGREE to this 8t day of July, 1985 and attested to as the full and comple e understand�ing of the parties for the period of time herein speci- fied by th signature di the following representative for the EMPLOYER and I the UNION. �i II i I I WITNESSES: CITY OF SA NT PAUL , UNITED SLATE AND TILE AND COMPOSITION ROOFERS, DAMP AND WATERPROOF WORKERS ASSOCIATION, LOCAL 96 ` , � � a or Re on i o Business Manager Civil Servi ce Commissio I il � ' - 33 - i APPENDIX A The classes of positions recognized by the EMPLOYER as being exclusively represented by the UNION are as follows: Roofer Foreman Roofer Apprentice 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 - APPENDIX C " - � The basic hourly wage rate for provisional, regular, and probationary employees appointed to the following classes of positions and not receiving the Fringe Benefits listed in Article 12.2 shall be: Effective 4-27-85 Roofer. . . . . . . . . . $15.85* Roofer Foreman. . . . . . $17.05* The basic hourly wage rate for temporary and emergency employees appointed to the following classes of positions shall be: ` Effective 4-27-85 Roofer. . . . . . . . . . $16.48* Roofer Foreman. . . . . . $17.73* Apprentice 0 - 500 hours . . . . . . . . . 669 of Roofer rate 501 - 1300 hours. . . . . . . . 70� of Roofer rate 1301 - 2100 hours . . . . . . . 80� of Roofer rate 2101 - 2900 hours . . . . . . . 85� of Roofer rate 2901 - 3700 hours . . . . . . . 90Z of Roofer rate 3701 - 4500 hours . . . . . . . 95� of Roofer rate The basic hourly wage rate for regular employees appointed to the follow- ing class of positions who are receiving the Fringe Benefits listed in Article 12.2 shall be: Effective 4-27-85 Roofer. . . . . . . . . . $16.17 *This rate includes the $1.25 taxable vacation contribution. - C1 - " � , � ��/d3� . APPENDIX C (continued) i If the Uni n elects to �ave the contributions listed in Appendix D increased or decreas d, the Emplotyer may ad�ust the above applicable rates for partici- � pating emp oyees in suc�h a way that the total cost of the package (wage rate plus contr butions) remains constant. I �I ,� i � , , � i ; �I I , � , I - C2 - APPENDIX D � Effective May 1, 1985, the EMPLOYER shall: (1) contribute $1.27 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a UNION designated Welfare Fund. (2) contribute $ .50 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a Pension Fund (3) contribute $1.25 per hour from which payroll deduction has been made for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a Vacation Fund. (4) contribute $ .10 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to an Apprenticeship Training Fund. (5) contribute $1.40 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to an Annuity Plan. All contributions made in accordance with this Appendix shall be forwarded to depositories as directed by the UNION. The EMPLOYER shall establish Workman's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees as defined in Articles 12.3, 12.4 and 12.5 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 Resolution. - D1 - . . �5-/Q3� . . � APPENDIX D (continued), � • The LOYER'S fr�nge benefit obligation to participating employees as defined i Articles 12�3, 12.4 and 12.5 is limited to the contributions and/or ded ctions esta�lished by this AGREEMENT. The actual level of benefits p ovided to e�aployees shall be the responsibility of the Trustees of the various funds t which the EMPLOYER has forwarded contributions and/or deductions. ' �'� � �i �I i % ' _ _ � D2 N�} ��.��`� • • V ;:� .�"--��;:-� I'�Y" OF SAINT PAYJL � �5 '/O-� ,t.•�• r:" � , ��. _�;T � �i' ti, .� . . . ; ��,±:,� �,_, � ��,xcr o�, 2�xr czTY- cor1�-cr�. � �L�;� )��If'lti�rF' i. �.�1 �s�:_�/.x?.�;�,. I�� D d t e ; A '��,� � ,�� , ugust 1, 1985 •r`�6...�,�� „.}� • �;,'=�°�y=�,. .�:a.._ ^,��.. COMMITT' � E RE PORT . � . . TO = �aln� P�rut Cit� Cour�csl F R � IV� = C O�C17?1��Q@ Q[1 FINANCE, MANAGEMENT & PERSONNEL � C h!A I R J�MES SCHEIBEL� ' 1. Appro at• of minut�s from meetings held July 11 and 18, 1985.(j� Z. Resol tion amendi�g the 1985 budget by adding $117,559 to the Financing Plan nd to the S�ending Plan fo Housing an Building Code Enforcement (Co nity Servic�es) �� i 3. Resolution abolislhing the satary range for Grade 16E in the Cterical Barg ining Unit iln the Salary Plan a Rates of Compensatian Resoiution. (Per onnel ) 4. Reso ution chang ng the grade for the itle of Telecom onicator in the Civi Service Ru�es. (Personnei } C 5. Fo�r Resolutions,lamending the 1985 budget and transferring $724 each from Gene al Governme�ht Accounts-Employee Parking to Community Servic s/Parks � and ecreation f�r playground and recreation equipment. Z�� 6. Res ut}on•;2tp�tr .,i�;��8�►�'lys�rr�enan�e Labor Agri�ert�n� tietri�� f'� �Rty and Unfit Slate i"ile a�t`Cornposition' Ro fe s, Damp and y�"'�terproof Workers Ass i at i on Loca l 96. t Personne 1 } � '�e-��..,� 7. Res lution approjving 1985 Memorandum of Setttement between the ity and the Iron Workers� Local 512. (Personnel ? '-'�e�. , _ �� . 8. Res lution aPprc�ving 1985-1986 Maintenance Labor Agreement between ISD#62 and the Pipefit�rs Local Union No. 455. (Personnel) �� 9. Res lution requ�sting the Administration keep its recommendations for the 198 General Furids t{dg,et proposals for employ es' salari s within a 4-1 27. increase� ��,1�-�--.e��'"�~� �°2— � � 10. Tra sfer of $2, 24,3fl9 from General Fund to Departme�t 6udgets for 1985 neg t i ated sa 1 a y ad j ustment. G'�� ,�,`,_e�� - T1 . Dis ussion of c�aims for punitive and exemplary damages against police off cers: Rober Kunz, Jr. , President of the St. Paul Police Federation, and Paut McClos�Cey, Assistant City Attorney, participating. i . i CIT'Y HALL � SEVENTH FLOOR SAINT PAUL D4INNESOTA SSI02 , .�� , ,... , ._ __ . . . .. _...._._. ..___._. _ �_..,., .._. _�._._. , .__. .. ._�.. ., . .,.,.�....._-,....,R-, � _�._ �_ .. ,.._ .M_«_ , _ _.. .�._ �..- , , . .��..,-��.� � ' � , � �1s= /o .��