85-1040 WH17E — CITV CLERK �
PINK — FINANCE ITY� OF SAINT PALTL Council �j /�
CANARY — DEPARTMENT File NO. UcJ -/o y�D
BLUE — MAVOR
ouncil Resolution �
Present By
Referred To � � Committee: Date � R�, ��
Out of Commit ee By Date
RESOLVED, that the Co ncil of the City of Saint Paul hereby approves and
ratifies the a tached 1985 1986 Maintenance Labor Agreement between the Independent
School Distric #625 and t e Pipefitters Local Union No. 455.
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COUNCILMEN Requested by Department of:
Yeas �_ Nays �
Masanz [n Favor PERSO L OFFICE
Nicos�a �
Scheibe� _ __ Against BY -- �
Sonnen
Tedesco
Wilson A rj' 8 1985 Form A roved b Cit Attor
Adopted by Council: ate �
Certified Pas-e ouncii re BY ` a
By �
�lpprove : avor: Date A G i 4 198 Appr v by Mayor for Sub si t ouncil
By — By
UB�SHED AU G 2 � 1985
�"�'`���'"���1�`~�` CIT'�'' OF SAIiVT �AUL (,i/`""�S f��d
$'�� _ti.'�.. `tti:Y i '
����,�_�;\ j,;�.� O�+'1+`ICE OF �.`]TZC CITY COUI�ZL �
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C��i� �'!�=��s�- `..� ��4 ' . - .
" �P"� Dt1te ; August l, 1985
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co M (T7' � E l� E PO r� T
TO � Sqjn� P ul Cifi� Cou�cit
F R O I�I = C O�'�1��r �� ()[� FINANCE, MANAGEMENT & PERSONNEL �
C�-!A I R J MES SCHEIBEL� '
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1. Appro al• of minut�s from meetings held July lI and 18, 1985.(1�
2. Resol tion amendi �g the 1985 budget by adding $117,559 to the Financing
Plan d to the S�ending Plan fo Housing an Buiiding �ode Enforcement
(Commu ity Service�s) �
3. Resolu ion abolish'ng the salary range for Grade 16E in the Ctericai
Bargai ing Unit in the Salary Plan a d Rates of Compensation Resatution.
tPerso nel ) � 4-�(,�-2.�
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4. Resolu ion changin� the grade for the itl,e of Telecom anicator in the
Civil ervice Rule . (Personnel ) C'
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5. Four R solutions a ending the 1985 budget and transferring $720 each frorn
Generat Government Accounts-Employee Parking to Cormrunity Servic s/Park��
and Re reation for layground and recreation equipment.
6. Resolution approvin 1985 Maintenance Labor Agreement between the City and
United late and Ti e and Composition�Ro Qfe s, Damp and �"�aterproof Workers
Assoc i a i on Loca 1 9 . (Personne 1 } L�jj�����"e_d;J
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7. Resolut on approvin 1985 Memorandum of Settlement between the ity and
the I ro Workers Lo a 1 512. (Personne 1 ) -e-�(1'-f'-e�.
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8. �:��; •.•�Rr�vi 1.�8�-198� .�fa3nter►ar+ce {.abor Agreetqer�t between ISD#62 .
a�d `�he F���;��ters o�ai Unic�n No. 455. (Personnel ) �.���:�j-�-�
9. Resolution requesti the Administration keep its recommendations for the
198b Ge ral Funds dg,et proposals for employees' salari within a
4-1/2y. i crease. _ ����ZU�v?��..�.-.e� /'`�� � �
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10. Transfer of $2,724,3 9 from General Fund to Departme�t Budgets for 1985
negotiat d salary ad ustment. ��/,�.'�)�"�)j-z,�t,��`
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11 . Discussi n of claims for punitive and exemplary damages against police
officers Robert Kun , Jr. , President of the St. Paul .Police Federation,
and Paul McCloskey, A sistant City Attorney, participating.
CITY HALL SEV NTH FLOOR
SAINT PAUL, D'lIi�NESOTA 55102
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Personnel Office - � DEPARTMENT �O�/� ��
. , � , N° 2032
CONTACT
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4 PHONE � �� �
1 g DATE Q,� Q
_..ASSIGN NUMBER FOR ROU IN6 ORDER ( li All Locations for Si nature :
Department Direct r 3 Director of Management/Mayor
Finance and Manag ment Service Director 4 City Clerk
Budget Director
City Attorney
WHAT WILL BE ACHIEVED Y TAKING AC ION ON THE ATTACHED MATERIALS? (Purpose/
Rationale) :
This resolution appro es the 1985 86 Agreement between the ISD ��625 and the Pipefitters Local
Union No. 455. The c anges in th Agreement are shown on the attached sheet. This Agreement
has been approved by he School B ard.
� � RECEtVED
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JUI. 9 19'�
COST/BENEFIT BUDGETAR AND PERSON EL IMPACTS ANTICIPATED:
None. Applicable. only to the ISD 625. C�TY ATTORNEY
Rt:.�i";'�"c:.t�
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fvi�4'�i;'� �Jr-ri1��
FINANCING SOURCE AND BU GET ACTIVIT NUMBER CHARGED OR CREDITED: (Mayor's signa-
ture not re-
Total Amount of Tran action; quired if under
$10,00Q)
Funding Source:
Activity Number:
ATTACHMENTS List and N mber All At achments :
1. Resolution
2. Copy for City Clerk
DEP (RTMENT REVIEW • " CITY ATTORNEY REVIEW
Yes �� uncil Re olution Req ired? Resolution Required? Yes No
Yes N Insurance equired? Insurance Sufficient? Yes No ��
Yes o Insurance ttached:
(SEE REVERS SIDE FOR INSTRUCTIONS)
Revised 12/84
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1985-19 5 Agreement �h etween the ISD ��625 & the Pipefitters Local
Union 4 5 r
1 ) Chan es are as fll�llows:
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- N w Agreement �lnow provides for ten holidays with the addition of
M rtin Luther lKing Day on the third Monday in January.
- T e term of A �reement is from May 1 , 1985 (wage change effective
A ril 27) thro gh April 30, 1987.
2) The istrict has �'our employees in this bargaining unit.
3) The d llar impact�of this new Agreement has been calculated by the Office
of B siness Affa�rs as $4,130. in the 1984-85 budget year,
$5,770. in the 1985-86 budget year,
and $1 ,014. in the 1986-87 budget year.
4 Re u st b Ph lli's E. B e s Ne tia
) q y y , y r , go tor.
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ARTICLE TITLE PAGE
Preamb�e iii
I Purpos 1
II Recogn tion 1
III Employ r Rights 1
IV Union ights 2
V Scope f the Agreement 2
VI Probat onary Periods 3
VII Philos phy of Employment and Compensation 3
VIII Hours f Work 4
IX Overti e 5
X Call B ck 5
XI Work L cation 6
XII Wages 7
� XIII Fringe Benefits 11
XIV Select on of Foreman and General Foreman 11
XV Retire ent 11
XVI Holida�s 12
• XVII Discip inary Procedures 13
XVIII Absenc s from Work 13
XIX Senior ty 14
XX Jurisd ction 15
XXI Separa ion 15
XXII Tools 15
XXIII Grieva ce Procedure 16
XXIV Right f Subcontract 19
XXV Non-di crimination 19
XXVI Severa ility 19
' XXVII Waiver 20
XXVIII Mileag -Independent School District No. 625 20
XXIX Durati n and Pledge 21
Append x A A1
Append x B B1
Append�x C C1-2
Append�x D � D1
Append�x E E1
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P R E A M B L E �
This AGREEMENT is entered into between Independent School District No.
, 625, hereinafter referred to as the EMPLOYER, and 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 �LOYER, the UNION, and the individual employees will best serve the
needs of the general public. •
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ARTICLE I - PURPOSE
. 1. 1 The EMPLOYER an the UNION agree that the purpose for entering into
this AGREEMENT i to:
1. 11 Achieve or erly and peaceful relations, thereby establishing a
system of uninterrupted operations . and the highest level of
employee p rformance that is consistent with the safety and
well-being f all concerned;
1. 12 Set forth ates of pay, hours of work, and other conditions of
employment as have been agreed upon by the EMPLOYER and the
UNION;
1. 13 Establish rocedures to orderly and peacefully resolve disputes
as to the a plication or interpretation of this AGREEMENT without
loss of ma.n ower productivity.
1.2 The EMPLOYER an the UNION agree that this AGREEMENT serves as a
supp ement to 1 gislation that creates and directs the EMPLOYER. If
any art of thi AGREEMENT is in conflict with such legislation, the
. latt r shall p evail. The parties, on written notice, agree to
nego iate that p rt in conflict so that it conforms to the statute as
prov ded by Arti le 26 (SEVERABILITY).
ARTICLE I - RECOGNIT ON
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2. 1 The LOYER recognizes the UNION as the exclusive representative for
coll ctive barga ning purposes for all personnel having an employment
stat s of regula , probationary, provisional, temporary, and emergency
empl yed in the classes of positions defined in 2.2 as certified by
the Bureau of Mediation Services in accordance with Case No.
73-P -480-A date April 16, 1973.
2.2 The lasses of ositions recognized as being exclusively represented
by t e UNION are as listed in Appendix A.
ARTICLE I I - EMPLOYE RIGHTS
3. 1 The EMPLOYER re ains the right to operate and manage all manpower,
faci ities, and quipment; to establish functions and programs; to set
and amend budge s; to determine the utilization of technology; to
esta lish and modify the organizational structure; to select, direct,
and determine t e number of personnel; and to perform any inherent
mana erial funct on not specifically limited by this AGREEMENT.
3.2 Any "term or ondition of employment" not established by this
AGRE NT shall remain with the EMPLOYER to eliminate, modify or
• esta lish follow ng written notification to the UNION.
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ARTICLE IV - UNION RIGHTS
4. 1 The EMPLOYER shall deduct from the wages of employees who authorize •
such a deduction in writing an amount necessary to cover monthly UNION
dues. Such monies deducted shall be remitted as directed by 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.
ARTICLE V - SCOPE OF THE AGREEMENT
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5. 1 This AGREEMENT establishes the "terms and conditions of employment"
defined by M. S. 179.63, Subdivision 18, for all employees exclusively
represented by the UNION. This AGREEMENT shall supersede such "terms
and conditions of employment" established by Civil Service Rule,
Council Ordinance, and Council Resolution.
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ARTICL VI - PROBA IONARY PERIODS
• 6.1 A 1 personnel originally hired or rehired following separation, in a
r gular emplo ment status shall serve a six (6) months' probationary
p riod during hich time the employee's fitness and ability to perform
th class o positions' duties and responsibilities shall be
ev luated.
6. 1 At any t me during the probationary period an employee may be
terminate at the discretion of the EMPLOYER without appeal to
the provi ions of Article 23 (GRIEVANCE PROCEDURE) .
6. 2 An emplo ee terminated during the probationary period shall
receive a ritten notice of the reason(s) for such termination, a
copy of w 'ch shall be sent to the UNION.
6.2 All personnel Iromoted to a higher class of positions shall serve a
six (6) months' promotional probationary period during which time the
emp oyee's fit ess and ability to perform the class of positions'
- dut es and resp nsibilities shall be evaluated.
6.2 At any t me during the promotional probationary period an
� employee m y be demoted to the employee's previously-held class
of positio s at the discretion of the EMPLOYER without appeal to
the provisions of Article 23 (GRIEVANCE PROCEDURE) .
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6.22 An employe demoted during the promotional probationary period
� shall be r turned to the employee's previously-held class of
positions a d shall receive a written notice of the reasons for
demotion, a copy of which shall be sent to the UNION.
ARTICLE V I - PHILOSO HY OF EMPLOYMENT AND COMPENSATION
7. 1 The LOYER and the UNION are in full agreement that the philosophy
� of e ployment and compensation shall be a "cash" hourly wage and
"indu try" fringe benefit system.
' 7.2 The LOYER sha 1 compensate employees for all hours worked at the
basic hourly wag rate and hourly fringe benefit rate as found in
Artic es 12 (WAGE ) and 13 (FRINGE BENEFITS) .
7.3 No ot er compensation or fringe benefit shall be accumulated or earned
by an employee ex ept as specifically provided for in this AGREEMENT;
except those em loyees who have individually optioned to be
"grand athered" as provided by 12.2.
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ARTICLE VIII - HOURS OF WORK
8.1 The normal work day shall be eight (8) consecutive hours per day, •
excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m.
and 5:30 p.m.
8.2 The normal work week shall be five (5) consecutive normal work days
Monday through Friday. -
8.3 If, during the term of this AGREEMENT, it is necessary in the
F,MPLOYER'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 Stand-by. 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.
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ARTICL I -
X OVERT ME
� 9.1 A1 overtime compensated for by the EMPLOYER must receive prior
au horization rom a designated EMPLOYER supervisor. No overtime work
cl im will b honored for payment or credit unless approved in
ad ance. An o ertime claim will not be honored, even though shown on
th time card, unless the required advance approval has been obtained.
9.2 Th rate of on and one-half (1�) the basic hourly rate shall be the
ov rtime rate or work performed under the following circumstances:
9. 1 Time work d in excess of eight (8) hours in any one normal work
day, and
9.2 Time worke in excess of 40 hours in a seven (7) day period.
9.3 For the purpos of calculating overtime compensation, overtime hours
wor ed shall no be "pyramided", compounded or paid twice for the same
. hou s worked.
9.4 Ove time hours orked as provided by this ARTICLE shall be paid in
cas or compens tory time as determined by the Employer.
ARTICLE X - CALL BACK
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� 10. 1 The EMPLOYER retains the right to call back employees before an
empl yee has sta�rted a normal work day or normal work week and after
an e ployee has �ompleted a normal work day or normal work week.
10.2 Empl yees called �iback shall receive a minimum of four (4) hours' pay
at t e basic hourly rate.
10.3 The ours worke based on a call-back shall be compensated in
accor ance with rticle 9 (OVERTIME) , when applicable, and subject to
the m'nimum estab ished by 10.2 above.
10.4 Emplo ees called Iback four (4) hours or less prior to their normal
� work ay shall cc�mplete the normal work day and be compensated only
for t e overtime i�ours worked in accordance with Article 9 (OVERTIME) .
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ARTICLE XI - WORK LOCATION
11.1 Employees shall report to work location as assigned by a designated �
EMPLOYER supervisor. During the normal work day, employees may be
assigned to other work locations at the discretion of the EMPLOYER.
11.2 Employees assigned to work locations during the normal work day other
than their original assignment, and who are required to furnish their
own transportation, shall be compensated for mileage.
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ARTICLE XII - WAGES
� 12. 1 Th basic hour�y wage rates as established by Appendix C shall be paid
fo all hours c�orked by an employee.
12.2 Em loyees who re covered by the fringe benefits listed below shall
co tinue to be covered by such benefits. They shall be subject to all
ot er provisio s of the AGREEMENT, but shall not have hourly fringe
ben fit contri utions and/or deductions made on their behalf as
pro ided for by Article 13 (FRINGE BENEFITS) .
12. 1 Insuranc benefits as established by City of Saint Paul
Resoluti ns.
12. 2 Sick lea e as established by Resolution No. 3250, Section 20.
12. 3 Vacation as established by Resolution No. 6446, Section I,
Subdivis on H; however, employees in this bargaining unit,
covered y this vacation provision, shall be granted vacation
at the rate of 160 hours in each calendar year.
_ 12.2 Ten (10) �egal holidays as established by Resolution No. 6446,
Section I Subdivision I.
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12.2 Severance benefits as established by the School District's
Severance Pay Plan with a maximum payment of $4,000. or as
establish d by Section 12.26 of this Article.
� 12.2 Severance Pa : Provisions effective Ma 1, 1984. The Employer
shall pro ide a severance pay program as set forth in this
Section:
12.26. 1 To be eligible for the severance pay program, an
em loyee must meet the following requirements:
12 26. 11 The employee must be 58 years of age or older
or must be eligible for pension under the
"rule of 90" or the "rule of 85" provisions
of the Public Employees Retirement Associa-
� tion (PERA) . The "rule of 90" criteria shall
�i also apply to employees covered by a public
pension plan other than PERA.
12.26. 12 The employee must be voluntarily separated
from School District employment .or have been
subject to separation by layoff or compulsory
retirement. Those employees who are dis-
charged for cause, misconduct, inefficiency,
incompetency or any other disciplinary reason
are not eligible for this severance pay
program.
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Article XII - Wages (continued)
12.26. 13 The employee must have at least ten (10) �
years of consecutive service under the
classified or unclassified Civil Service at
the time of separation. For the purpose of
this Article, employment in either the City
of Saint Paul or in Independent School
District No. 625 may be used in meeting this
ten- (10) year service requirement.
12.26.14 The employee must file a waiver of
re-employment with the Director of Personnel,
which will clearly indicate that by
requesting severance pay, the employee waives
all claims to reinstatement or re-employment
(of any type) with the City of Saint Paul or
with Independent School District No. 625.
12.26.15 The employee must have accumulated a minimum
of sixty (60) days of sick leave credits at
the time of his separation from service. "
12.26.2 If an employee requests severance pay and if the employee
meets the eligibility requirements set forth above, he or
she will be granted severance pay in an amount equal to
one-half of the daily rate of pay for the position held by �
the employee on the date of separation for each day of
accrued sick leave subject to a maximum of 200 accrued sick
leave days.
12.26.3 The maximum amount of money that any employee may obtain
through this severance pay program is $6,500.
12.26.4 For the purpose of this severance pay program, a death of an
employee shall be considered as separation of employment
and, if the employee would have met all of the requirements
set forth above at the time of his or her death, payment of
the severance pay may be made to the employee's estate or �
spouse.
12.26.5 For the purpose of this severance pay program, a transfer -
from Independent School District No. 625 employment to City
of Saint Paul employment is not considered a separation of
employment, and such transferee shall not be eligible for
this severance program.
12.26.6 The manner of payment of such severance pay shall be made in
accordance with the provisions of the School District
Severance Pay Plan already in existence.
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Article XII - Wagesl (continued)
� 12.2�.7 This severance pay program shall be subject to and
il governed by the provisions of the original School
District Severance Pay Plan (which allows $4,000
maximum payment) except in those cases where the
specific provisions of this section conflict with
said Severance Pay Plan �nd in such cases, the
provisions of this section, shall control.
12.26 8 Any employee hired prior to February 15, 1974 may,
I in any event, and upon meeting the qualifications
of this section or tlie original School District
Basic Severance Pay Plan (which allows $4,000
lii maximum payment) , draw severance pay. However, an
election by the employee to draw severance pay
under either this section or the basic School
District Severance Pay Plan shall constitute a bar
. to receiving severance pay from the other.
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12.26.� An employee of Independent School District No. 625
. shall not be eligible for the severance pay
provision of this section if such employee is also
�i eligible -and a recipient of Early Retirement
� Incentive payment under the Memorandum of
Agreement with the exclusive representative dated
�i October 4, 1983.
• 12.2 The EMPLOIER will for the period of this AGREEMENT provide for
employees ho are eligible for the City's Health and Welfare
benefits a d who retire after the time of execution of this
AGREEMENT r who have retired since �April 1, 1975, and until
� such emplo ees reach sixty-five (65),, ye�rs of age such health
insurance enefits as are provided by the EMPLOYER.
12.28 In order t be eligible for the benefits under the provision of
12.27 the mployee must:
, 12.28. 1 Be receiving benefits from a public employee retiree
ac at the time of retirement.
12.28.2 Hav severed his relationship with the City of Saint
Pau and/or Independent School District No. 625 under
one of the early retiree plans.
12.28.3 Inf rm the Personnel Office of the City of Saint Paul
in writing within 60 days of employee's early
ret rement date that he or she wishes to be eligible
for early retiree insurance benefits.
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Article XII - Wages (continued)
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 compensated 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) .
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ARTICL XIII - FRII�GE BENEFITS
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� 13. 1 Th EMPLOYER shall make contributions on behalf of and/or make
de uctions fro the wages of employees covered by this AGREEMENT in
ac ordance wit Appendix D for all hours worked.
ARTICLE XIV - SELEC�ION OF FOREMAN AND GENERAL FOREMAN
14.1 Th selection �f personnel for the class of position of Foreman shall
re in solely ith the EMPLOYER.
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14.2 The class of po�sition Pipefitter Foreman shall be filled by employees
of he bargaini$�g unit on a "temporary assignment".
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14.3 All "temporary ssignments" shall be made only at the direction of a
des gnated EMPL YER supervisor.
� 14.4 Suc "temporary assignments" shall be made only in cases where the
cla s of positidns is vacant for more than one (1) normal work day.
ARTICLE - RETIREME T
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15. 1 All mployees sh 11 retire from employment with the EMPLOYER no later
� than the last c lendar day of the month in which an employee becomes
seve ty (70) yea s old.
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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 11
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 3udgment 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).
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.
16.6 In the case of Board of Education employees, if Martin Luther King
Day, Presidents' Day, Columbus Day or Veterans' Day falls on a day
when school is in session, the employee shall work that day at
straight time and another day shall be designated as the holiday.
This designated holiday shall be a day on which school is not in
session and shall be determined by agreement between the employee and
his supervisor.
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ARTICLE XV I - DISCIPL NARY PROCEDURES
• 17. 1 The LOYER sha 1 have the right to impose disciplinary actions on
emplo ees for �ust cause.
17.2 Disc linary act'ons by the EMPLOYER shall include only the following
acti s:
17.2 Oral r primand;
17.2 Writte reprimand;
17.2 Suspen ion;
17.2 Demoti n;
17.2 Discha ge.
17.3 Empl yees who a e suspended, demoted or discharged shall have the
righ to request that such actions be reviewed by the Civil Service
Comm ssion or designated Board of Review. The Civil Service
Comm ssion or a designated Board of Review shall be the sole and
excl sive means f reviewing a suspension, demotion or discharge. No
" appe 1 of a sus ension, demotion or discharge shall be considered a
"gri vance" for the purpose of processing through the provisions of
Arti le 23 (GRI ANCE PROCEDURE) .
ARTICLE III - ABSEN ES FROM WORK
� 18.1 Empl yees who ar unable to report for their norma.l work day have the
resp nsibility t notify their supervisor of such absence as soon as
poss ble, but in no event later than the beginning of such work day.
18.2 Fail re to make such notification may be grounds for discipline as
prov'ded in Arti le 17 (DISCIPLINARY PROCEDURES) .
18.3 Fail re to rep rt for work without notification for three (3)
cons cutive no al work days may be considered a "quit" by the
EMPL YER on the art of the employee.
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ARTICLE XIX - SENIORITY
19.1 Seniority, for the purposes of this AGREEMENT, shall be defined as �
follows:
19. 11 "Master Seniority" - The length of continuous regular and
probationary service with the EMPLOYER from the last date of
employment in any and all class titles covered by this
AGREEMENT.
19. 12 "Class Seniority" - The length of continuous regular and
probationarq 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 in�ury; is
granted to allow an employee to accept an appointment to the '
unclassified service of the ErII'LOYER 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 la'id off shall have the right to reinstatement in any
lower-paid 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", subject to the approval of the
EMPLOYER.
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ARTICLE XX - NRISD CTION
. 20.1 Di utes conce ning work jurisdiction between and among unions is
rec gnized as n appropriate subject for determination by the various
uni ns represen ing employees of the EMPLOYER.
20.2 The EMPLOYER agrees to be guided in the assignment of work
jur sdiction by any mutual agreements between the unions involved.
20.3 In he event of a dispute concerning the performance or assignment of
wor , the unio s involved and the ENNIPLOYER shall meet as soon as
mut ally possib e to resolve the dispute. Nothing in the foregoing
sha 1 restrict the right of the EMPLOYER to accomplish the work as
ori inally assi ned pending resolution of the dispute or to restrict
the EMPLOYER'S asic right to assign work.
20.4 Any employee re using to perform work assigned by the EMPLOYER and as
cla ified by S ctions 20.2 and 20.3 above shall be subject to
disc'plinary a�tion as provided in Article 17 (DISCIPLINARY
PROC DURES) . �
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, 20.5 Ther shall be o work stoppage, slow down or any disruption of work
resu ting from a work assignment.
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ARTICLE I - SEPARAT$ON
. ��
21. 1 Empl yees having a probationary or regular employment status shall be
cons dered separ ted from employment based on the following actions:
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21. 11 Resi nati n. 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.�l As provided in Article 17.
21. 14 Failure to Re ort for Dut . As provided in Article 18.
_ 21.2 Emplo ees having an emergency, temporary or provisional employment
statu may be te inated at the discretion of the EMPLOYER before the
compl tion of a n rmal work day.
ARTICLE XX I - TOOLS
.
22. 1 Al1 e ployees sha 1 personally provide themselves with the tools of
the tr de as liste in Appendix B.
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ARTICLE XXIII - GRIEVANCE PROCEDURE
23.1 The EMPLOYER shall recognize Stewards selected in accordance with �
UNION rules and regulations as the grievance representative of the
bargaining unit. The UNION shall notify the EMPLOYER in writing of
the names of the Stewards and of their successors when so named.
23.2 It is recognized and accepted by the 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 to the employee's
satisfaction by the informal discussion, it may be reduced
to writing and referred to Step 2 by the UNION. The written
grievance shall set forth the nature of the grievance, the
facts on which it is based, the alleged section(s) of the
AGREEMENT violated, and the relief requested. Any alleged
violation of the AGREEMENT not reduced to writing by the
UNION within seven (7) calendar days of the first occurrence
of the event giving rise to the grievance or within the use
of reasonable diligence should have had knowledge of the
first occurrence of the event giving rise to the grievance,
shall be considered waived.
Step 2. Within seven (7) calendar days after receiving the written
grievance, a designated Employer Supervisor shall meet with
the Union Steward and attempt to resolve the grievance. If,
as a result of this meeting, the grievance remains
unresolved, the EMPLOYER shall reply in writing to the UNION
within three (3) calendar days following this meeting. The
UNION may refer the grievance in writing to Step 3 within
seven (7) calendar days following receipt of the EMPLOYER'S
written answer. Any grievance not referred in writing by
the UNION within seven (7) calendar days following receipt �
of the EMPLOYER'S answer shall be considered waived.
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Article XXIII - Gri vance Procedure (continued)
• St 3. With' seven (7) calendar days following receipt of a
griev nce referred from Step 2, a designated EMPLOYER -
supe isor shall meet with the UNION Business Manager or his
desig ated representative and attempt to resolve the
griev nce. Within seven (7) calendar days following this
meeti g, the IIKPLOYER shall reply in writing to the UNION
stati g the EMPLOYER'S answer concerning the grievance. If,
as a esult of the written response, the grievance remains
unres lved, the UNION may refer the grievance to Step 4.
Any g ievance not referred in writing by the UNION to Step 4
withi seven (7) calendar days following receipt of the
EMPLO ER'S answer shall be considered waived.
Ste 4. If th grievance remains unresolved, the UNION may within
seven (7) calendar days after the response of the IIKPLOYER
in St p 3, by written notice to the EMPLOYER, request
arbitr tion of the grievance. The arbitration proceedings
� shall e conducted by an arbitrator to be selected by mutual
agreem nt of the EMPLOYER and the UNION within seven (7)
, calend r days after notice has been given. If the parties
fail t mutually agree upon an arbitrator within the said
seven- (7) day period, either party may request the Public
Emplo ent Relations Board to submit a panel of five (5)
arbitr�tors. Both the ENII'LOYER and the UNION shall have the
right o strike two (2) names from the panel. The UNION
� shall trike the first (lst) name; the EMPLOYER shall then
strike one (1) name. The process will be repeated and the
remain ng person shall be the arbitrator.
23.5 The rbitrator s all have no right to amend, modify, nullify, ignore,
add o or subt act from the provisions of this AGREEMENT. The
arbit ator shall onsider and decide only the specific issue submitted
in w iting by th EMPLOYER and the UNION and shall have no authority
to ke a deci�ion on any other issue not so submitted. The
arbit ator shall be without power to make decisions contrary to or
incon istent with or modifying or varying in any way the application
of la s, rules or regulations having the force and effect of law. The
arbit ator's deci ion shall be submitted in writing within thirty (30)
days ollowing cl se of the hearing or the submission of briefs by the
parti s, whicheve be later, unless the parties agree to an extension.
The d cision shal be based solely on the arbitrator's interpretation
or ap lication of the express terms of this AGREEMENT and to the facts
of th grievance resented. The decision of the arbitrator shall be
final and binding on the EMPLOYER, the UNION, and the employees.
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Article XXIII - Grievance Procedure (continued)
23.6 The fees and expenses for the arbitrator's services and proceedings •
shall be borne equally by the 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 eime limits in each step of this procedure may be extended by
mutual agreement of the IIKPLOYER and the UNION.
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ARTICLE XXIV - RIGH OF SUBCONTRACT
• 24.1 Th EMPLOYER m y, at any time during the duration of this AGREEMENT,
co ract out wo k done by the employees covered by this AGREEMENT. In
the event that such contracting would result in a reduction of the
wor force cov red by this AGREEMENT, the EMPLOYER shall give the
UNI N a ninet (90) ealendar day notice of the intention to
sub ontract.
24.2 The subcontrac ing of work done by the employees covered by this
AGR EMENT shall in all cases be made only to employers who qualify in
acc rdance withl0rdinance No. 14013.
ARTICLE - NON-DI CRIMINATION
25. 1 The terms and conditions of this AGREEMENT will be applied to
emp oyees equal y without regard to or discrimination for or against,
' any individual ecause of race, color, creed, sex, age or because of
mem ership or n n-membership in the UNION.
.
25.2 Emp qees will perform their duties and responsibilities in a
non- iscriminato manner as such duties and responsibilities involve
othe employees nd the general public.
• ARTICLE VI - SEVE ILITY
26. 1 In t e event tha any provision(s) of this AGREEMENT is declared to be
cont ary to law by proper legislative, administrative or judicial
auth rity from hose finding, determination or decree no appeal is
take , such prov sion(s) shall be voided. All other provisions shall
cont nue in full force and effect.
26.2 The arties agre to, upon written notice, enter into negotiations to
plac the voided provisions of the AGREEMENT in compliance with the
legi lative, adm'nistrative or judicial determination.
.
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ARTICLE XXVII - WAIVER
27.1 The EMPLOYER and the UNION acknowledge that during the meeting and � �
negotiating which resulted in this AGREEMENT, each had the right and
opportunity to make proposals with respect to any 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 condition of employment whether
specifically covered or not specifically covered by this AGREErIENT.
The UNION and EMPLOYER may, however, mutually agree to modify any
provision of this AGREEMENT.
27.3 Any and all prior ordinances, agreements, resolutions, practices,
policies, and rules or regulations regarding the terms and conditions
of employment, to the extent they are inconsistent with this " '
AGREEMENT, are hereby superseded.
ARTICLE XXVIII - MILEAGE - INDEPENDENT SCAOOL DISTRICT N0. 625
28.1 Employees of the School District under policy adopted by the Board of
Education may be reimbursed for the use of their automobiles for �
school business. To be eligible for such reimbursement, employees
must receive authorization from the District Mileage Co�ittee
utilizing one of the following plans:
PLAN "A" is reimbursed at the rate of 23C per mile. In addition,
a maximum amount which can be paid per month is established by an
estimate furnished by the employee and the employee's supervisor.
Another consideration for establishing the maximum amount can be
the experience of another working in the same or similar
position.
Under this plan, it is necessary for the employee to keep a
record of each trip made.
PLAN "C" provides for reimbursement based on a per month "lump
sum�' amount. This amount is determined by the employee's driving
experience under Plan "A" for a period of 3 to 6 months. Those
employees receiving an auto allowance under this plan must report
�monthly the number of days the car was available during the
month. A deduction must be made from the lump sum amount for
each day the employee is on vacation. A deduction need not be
made for an occasional day of illness or for holiday.
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ARTICLE I% - DURAT ON AND PLIDGE
� 29.1 Thi AGREEMENT shall become effective as of May 1, 1985, and shall
re in in effec through the 30th daq of April, 1987, and continue in
eff ct from qe r to year thereafter unless notice to change or to
te nate is gi en in the manner provided in 29.2.
29.2 If• ither par p desires to terminate or modify this AGREEMENT
effe tive as of the date of expiration, the party wishing to modify or
te nate the A REF.MENT shall give written notice to the other party,
not re than n nety (90) or less than sixty (60) calendar days prior
to he expirati n date, provided that the AGREEMENT may only be so
te nated or m dified effective as of the expiration date.
29.3 In c nsideratio of the terms and conditions of employment established
by his AGRE T and the recognition that the GRIEVANCE PROCEDURE
here establis ed is the means by which grievances concerning its
appl cation or nterpretation may be peacefully resolved, the parties
here q pledge th t during the term of the AGREEMENT:
29.3 The UNION and the employees will not engage in, instigate or
condone a q concerted action in which emploqees 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.
29.3 The EMPLO R will not engage in, instigate or condone any
� lockout o employees.
29.3 This cons itutes a tentative AGREEMENT between the parties
which wil be recommended by the School Board Negotiator, but
is subjec to the approval of the Board of Education and is
also subj ct to ratification by the UNION.
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AGRE to this /`� '" day of �� , 1985, and attested to as the full
and compl te underst nding of he parties for the period of time herein
specified by the si nature of the following representatives for the
EMPLOYER d the UNIO .
WITNESSES:
INDEPENDEN SCHOOL DI TRICT N0. 625 UNITED ASSOCIATION PIPEFITTERS
LOCAL UNION N0. 455
BY• BY: ' 1\.
School Boa d Negotiato Business Repre ative
BY: BY:
• Chairman, oard of E u ation
,_.:
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APPENDI A
� The classes f positions recognized by the EMPLOYER as being
exclusiv ly represen ed by the UNION are as follows:
Pipefitter Foreman �
Pipefitter
Apprentice
Refrigerat on, Gas and Oil Serviceman
Mechanical Inspector
Senior Mec anical Inspector-Pipefitter
and othe classes o positions that may be established by the EMPLOYER
where th duties and responsibilities assigned come within the jurisdiction
of the ION.
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� APPENDIX C
The basi hourly wag rate for provisional, regular, and probationary
employees app inted to th following class of positions and not receiving the
fringe benefi s listed in Article 12.2 shall be:
Effective Effective
April 27, 1985 April 26, 1986
Pipefitter. . . . . . . . . . . . . . . . . . . $ 18.48* $ 18.96*
Refrigeration, Gas, and Oil Serviceman. . . . . . . 18.48* 18.96*
Pipefitter For man. . . . . . . . . . . . . . . . 19.92* 20.40*
Pipefitter-Con rols Specia ist. . . . . . . . . . . 18.48* 18.96*
Mechanical Ins ector. . . . . lst step. . . . . . 17.77* 18.23*
2nd step. . . . . . 19. 15* 19.62*
• Senior Mechani al Inspecto -Pipefitter. . . . . . . 20.08* 20.55*
' The basi hourly wa e rate for temporary and emergency employees appointed to
the following lass of pos tions shall be:
� Effective Effective
April 27, 1985 April 26, 1986
� Pipefitter. . . . . . . . . . . . . . . . . . . $ 19.22* $ 19.72*
Refrigeration, Gas, and Oi Serviceman. . . . . . . 19.22* 19.72*
Pipefitter For man. . . . . . . . . . . . . . . . 20.72* 21.22*
Pipefitter-Con rols Specia ist. . . . . . . . . . . 19.22* 19.72*
Mechanical Ins ector. . . . . lst step. . . . . . 19.22* 19.72*
2nd step. . . . . . 20.72* 21.22*
Senior Mechani al Inspecto -Pipefitter. . . . . . . 21.72* 22.22*
The basic hourly wag rate for regular employees appointed to the following
class of positi ns who are eceiving the fringe benefits listed in Article 12.2 shall
be:
Effective Effective
April 27, 1985 April 26, 1986
Pipefitter. . . . . . . . . . . . . . . . . . . $ 17.88 **
Pipefitter Fore an. . . . . . . . . . . . . . . . 19. 12 **
Pipefitter-Cont ols Special st. . . . . . . . . . . 17.88 **
Mechanical Insp ctor. . . . . lst step. . . . . . 17.88 **
2nd step. . . . . . 19.12 **
� Senior Mechanic 1 Inspector Pipefitter. . . . . . . 19.95 **
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*This rate incl des the $2. 0 taxable Credit Union contributions.
Appendix C (continued) �
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 ad�ust the above applicable rates
for participating employees in such a way that the total cost of the
package (wage rate plus contributions) remains constant.
**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 through 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 i
2nd step 24.63
Senior Mechanical Inspector - Pipefitter 25.63
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� APPENDIX D
Eff ctive May 1 1985, the EMPLOYER shall:
(1) contr bute $2.00 per hour from which payroll deductions .have
been ade for all hours worked by participating employees as
defin d in Articles 12.3, 12.4, and 12.5 of this AGREEMENT
to a nion-designated Credit Union.
(2) contr bute $1.53 per hour for all hours worked by
parti ipating employees as defined in Articles 12.3, 12.4,
and 1 .5 of this AGREEMENT, to a Health and Welfare Fund.
(3) contr ute $1.78 per hour for all hours worked by
partic pating employees as defined in Articles 12.3, 12.4,
and 12.5 of this AGREEMENT to the Pension Fund.
(4) contri ute $ .08 per hour for all hours worked by
partic'pating employees as defined in Articles 12.3, 12.4,
, and 1 .5 of this AGREEMENT, to the JourneYman and
A ren iceshi Trainin Fund.
(5) contri ute $ .02 per hour for all hours worked by
partic pating employees as defined in Articles 12.3, 12.4,
and 12 5 of this AGREEMENT to the General Benefit Fund.
• All ontribution made in accordance with this Appendix shall be
forwarded to the Twin Cit Pi e Traders Service Association.
The LOYER sha 1 establish Workers' Compensation and Unemployment
Compensat on programs as required by Minnesota statutes.
The LOYER'S f inge benefit obligation to participating employees as
defined i Articles 12.3, 12.4, and 12.5 is limited to the contributions
and/or de ctions est blished by this AGREEMENT. The actual level of
benefits p ovided to e ployees shall be the responsibility of the Trustees
of the var ous funds t which the EMPLOYER has forwarded contributions
and/or ded ctions.
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APPENDIX E
� WORRING CO ITIONS FOR SENIOR MECHANICAL INSPECTORS, MECHANICAL
INSPECTORS REFRIGERATION INSPECTORS, AND GAS BURNER INSPECTORS
As result o the 1974 settlement, the Parties have established
craft-de e,rmined ra es for Senior Mechanical Inspectors, Mechanical
Inspecto s, Refrige ation Inspectors, and Gas Burner Inspectors, with
specific understandi g that such agreement is restricted to establishing
rates of ay for suc classifications.
It s, conseque tly, agreed that the EMPLOYER in applying ARTICLE 3 -
IIKPLOY�R IGHTS - of the MAINTENANCE LABOR AGREEMENT, shall have the right
to operat the Depart ent in the same manner as heretofore, with management
rights u affected, a d that the establishment of separate rates for these
classific tions as well as for Inspector cl�ssifications in other
Bargainin Units, may not result in disputes over assignments or over rates
of pay for work erformed, nor will any jurisdictional claims or
� restricti ns be asserted by the UNION because members of various Inspector
classific tions are ssigned to work which is also performed by other
Inspector classificat ons.
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