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85-1177 WHITE - CITV CLERK PINK - FINANCE I TY O F SA I NT PA U L Council CANARV - DEPARTMENT File NO. V ��/� � BLUE - MAVOR �� uncil Resolution Presente By ...C! Referred To « Committee: Date �� 3"�o � Out of Committee By Date RESOLVED, that the Cou cil of the City of Saint Paul hereby approves and ratifies the attached 1 85 Maintenance Labor Agreement between the City of Saint Paul and the Boile makers Union, Lodge 647. COUG CILMEN Requested by Department of: Yeas Nays nn��. PERSO � EL OFFICE nt�cos�a In Favor Scheibel Sonnen __ Against BY \ TedesCo Nhlsp+� I Adopted by Council: Date AUG ? �985 Form A oved y Ci orne Certified Pa s d ouncil Secr y BY By t�p r d y AAavor. Date �r � 4 1�� Ap ved by Mayor for Submi sion� Council B PUBLISHED S P - '7 1985 Personnel Office DEPARTMENT �� N° 2038 CONTACT 4221 PHONE � �� 'August 1 , 1985 DATE Qi Q, ASSIGN NUMBER FOR ROUTING ORDER Cli All Locations for Si nature : 1 Department Director 3 Director of Management/Mayor Finance and Management Services Director 4 City Clerk Budget Director 2 City Attorney WHAT WILL BE ACHIEVED BY TAKING AC ION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : This resolution approves the 1985 A reement between the City of St. Paul and the Boilermakers Lodge, 647. The changes in this ne Agreement include the additional holiday of Martin Luther King Day and wages and fringes. Th total package increase is .25 per hour. COST/BENEFIT, BUDGETARY APID PERSON EL IMPACTS ANTICIPATED: _ Financial Impact: Two employees 1985: July thru Dec. - $520 1986: Jen, thru June - 520 �� $ �� FINANCING SOURCE AND BUDGET ACTIVI Y NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of Transaction: quired if under $10,00Q) Funding Source: Activity Number: �cCEilfc,� ATTACHMENTS List and Number All A tachments : Resolution and AUG 5 19$5 Copy for City Clerk Pv"�AYGR'� OrF10E DEPARTMENT REVIEW CITY ATTORNEY REVIEW Yes No Council Resolution R quired? Resolution Required? Yes No Yes No Insurance Required? Insurance Sufficient? Yes No Yes No Insurance Attached: (SEE REVE SE SIDE FOR INSTRUCTIONS) Revised 12/84 HOW TO USE THE GREEN 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, i£ 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 Full-Time 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 signed 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. Initiating 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 1. Initiating Department 2. Budget Director 2. City Attorney 3. City Attorney 3. Director of ManagementJMayor 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 tiune 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. j� � �-ir�� BOILERMAKERS 1985 Changes 1. Cover Sheet 2. Article 12.24 - Holid ys 3. Article 15 - Holiday 4. Article 28.1 - Durati n S. Article 28.33 - Date o Signing 6. Appendix C - Wages 7. Appendix D - Fringes 1 I � � �✓l//7� 1985 MA NTENANCE LABOR AGREEMENT - between - THE CITY OF SAINT PAUL - and - INTERNATI NAL BROTHERHOOD OF BOILERMAKERS, IRON SHIPBUILD RS, BLACKSMITHS, FORGERS AND HELPERS, LODGE 647 1 � /'� �5- /// � C� INDEX ARTICLE TITL PAGE Prea ble iii I Purp se 1 II Reco nition 2 III Empl yer Rights 3 IV Unio Rights 4 V Scop of Agreement 5 VI Prob tionary Periods 6 VII Phil sophy of Employment and Compensation 7 VIII Hour of Work 8 IX Over ime 9 X Call Back 10 XI Work Location 11 XII Wage 12 XIII Frin e Benefits 14 XIV Holi ays 15 XV Disc plinary Procedures 16 XVI Abse ces From Work 17 XVII Seni rity 18 XVIII Juri diction 19 XIX Sepa ation 20 XX Tools 21 XXI Grie nce Procedure 22 XXII Right of Subcontract 27 XXIII NonDi crimination 28 XXIV Sever bility 29 XXV Waive 30 XXVI City ileage Plan 31 XXVII Sever nce Pay 32 XXVIII Durat on and Pledge 34 Appen ix A A1 Appen ix B B1 Appen ix C C1 Appen ix D D1 - ii - i � � ��-�/7� P R E A M B L E This AGREEMENT is entered into between the City of Saint Paul, hereinafter referred to s the EMPLOYER and the International Brotherhood of Boilermakers, Iron Sh pbuilders, Blacksmiths, and Helpers, Lodge 647, hereinafter referred to s the UNION. The EMPLOYER a d the UNION concur that this AGREEMENT has as its objective the promotion f the responsibilities of the City of Saint Paul for the benefit of the g neral public through effective labormanagement cooperation. The EMPLOYER a d 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 le els of responsibility. Constructive attitudes of the City, the UNION, and he individual employees will best serve the needs of the general public. - iii - � � � ��-//7� ARTICLE I - PURPOSE 1.1 The EMPLOYER and th UNION agree that the purpose for entering into this AGREEMENT is t : 1.11 Achieve order y and peaceful relations, thereby establishing system of uninterrupted operations and the highe t level of employee performance that is consistent with the safety and wellbeing of all concerned; 1.12 Set forth rat s of pay, hours of work, and other � conditions of employment as have been agreed upon by the EMPLOY R and the UNION; 1.13 Establish pro edures to orderly and peacefully resolve disputes as to the application or interpretation of this AGREEMENT without loss of manpower productivity. 1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a supplement to legisl tion that creates and directs the II�LOYER. If any part of this AGR EMENT is in conflict with such legislation, the latter shall prevail The parties, on written notice, agree to negotiate that part n conflict so that it conforms to the statute as provided by Artic e 24 (SEVERABILITY) . - 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. 74-PR-60-A dated August 8, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. - 2 - � � ��4.�"��'� ARTICLE III - EMPLOYER R GHTS 3.1 The EMPLOYER retain the right to operate and manage all manpower, facilities, and equ pment; to establish functions and programs; to set and amend bu gets; to determine the utilization of technology; to establish and mo ify the organizational structure; to select, direct, and determi e the number of personnel; and to perform any inherent managerial function not specifically limited by this AGREEMENT. 3.2 Any "term or condit on of employment" not established by this AGREEMENT shall remain with the EMPLOYER to eliminate, modify, or establish following ritten notification to the UNION. - 3 - l � 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 21 (GRIEVANCE PROCEDURE) . 4.3 Upon notification to a designated EIrIl'LOYER supervisor, the Business Manager of the UNION, or his designated representative shall be permitted to enter the facilities of the EMPLOYER where employees covered by this AGREEMENT are working. - 4 - , , l�' �'-5 //�� ARTICLE V - SCOPE OF THE AGREEMENT 5.1 This AGREEMENT esta lishes the "terms and conditions of employment" defined by M.S. 179 63, Subd. 18 for all employees exclusively represented by the NION. This AGREEMENT shall supersede such "terms and conditio s of employment" established by Civil Service Rule, Council Ordin nce, and Council Resolution. - 5 - � 1 ARTICLE VI — PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) month's probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.11 At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 21 (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 UNION. 6.2 All personnel promoted to a higher class of positions shall serve a six (6) months' promotional probationary period during which time the employee's fitness and ability to perform the class of'positions' duties and 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 21 (GRIEVANCE PROCEDURE) . 6.22 An employee demoted during the promotional probationary period shall be returned to the employee's previously held class of positions and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the UNION. - 6 - t . � �� y _��'� ARTICLE VII - PHILOSOPH OF EMPLOYMENT AND COMPENSATION 7.1 The EMPLOYER and t e UNION are in full agreement that the philosophy of emplo ent and compensation shall be a "cash" hourly wage and "in ustry" fringe benefit system. 7.2 The EMPLOYER shall ompensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 1 (WAGES) and 13 (FRINGE BENEFITS) . 7.3 No other compensati n or fringe benefit shall be accumulated or earned by an employ e except as specifically provided for in this AGREEMENT; except t ose employees who have individually optioned to be "grandfathere " as provided by 12.2. - 7 - � � 1 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. 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 subject to callback by the EMF'LOYER 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 - 1 � � �� /��`' ARTICLE IX - OVERTIME 9.1 All overtime compen ated for by the EMPLOYER must. receive prior suthori- zation from a desig ated EMPLOYER supervisor. No overtime work claim will be honored for paym nt or credit unless approved in advance. An overtime claim will not be h nored, even though shown on the time card, unless the required advance ap roval has been obtained. 9.2 The overtime rate o one and onehalf (1}) the basic hourly rate shall be paid for work perfo ed under the following circumstances: 9.21 Time worked i excess of eight (8) hours in any one normal work d and 9.22 Time worked on a sixth (6th) day following a normal work week. 9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed u der the following circumstances: 9.31 Time worked on a holiday as defined in Article 14 (HOLIDAYS) ; • 9.32 Time worked on a seventh (7th) day following a noraml work week; and 9.33 Time worked in excess of twelve (12) consecutive hours in a twenthfou (24) hour period, provided, that all "emergency" wo k required by "Acts of God" shall be compensated at the rate of one and onehalf (1�) . 9.4 For the purposes of alculating overtime compensation overtime hours worked shall not be "pyrami ed", compounded, or paid twice for the same hours worked. 9.5 Overtime hours worked as provided by this Article shall be paid in cash or compensatory time t the option of the Employer. - 9 - � � f 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 sub�ect 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 - 1 � � �,6�=��_�/7 I ARTICLE XI - WORK LOCATI N 11.1 Employees shall rep rt to work location as assigned by a designated EMPLOYER supervisor During the normal work day employees may be assigned to other w rk locations at the discretion of the EMPLOYER. 11.2 Employees assigned o work locations during the normal work day, other than their or ginal assignment, and who are required to furnish their own transport tion shall be compensated for mileage. - 11 - � . � ARTICLE XII - WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Employees who are covered by the fringe benefits listed below shall continue to be covered by such benefits. They shall be sub�ect t� all other pro- visions of the AGREEMENT, but shall not have hourly fringe benefit contri- butions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS) . 12.21 Insurance benefits as established by City of Saint Paul Resolutions. 12.22 Sick Leave as established by Resolution No. 3250, Section 20. 12.23 Vacation as established by Saint Paul Salary Plan and Rates of Compensation, Section 1, Subdivision H. 12.24 Ten (10) legal holidays as established by Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision I. 12.25 Severance benefits as established by Resolution No. 11490 with a maximum payment of $4,000. 12.26 The EMPLOYER will for the period of this AGREEMENT provide for EMPLOYEES working under the title of General Blacksmith who retire after February 25, 1977, and until such EMPLOYEES reach sixtyfive (65) years of age such health insurance benefits as are provided by the EMPLOYER. 12.27 In order to be eligible for the benefits under the provision of 12.26 the EMPLOYEE must: 12.27.1 Be receiving benefits from a public employee retiree act at the time of retirement. 12.27.2 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. - 12 - , � , � ��`' `//7'� ARTICLE XII - WAGES (co tinued) 12.3 Regular employees n t covered by the fringe benefits listed in Article 12.2 shall be consi ered, for the purposes of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12. 1 (WAGES) and have fringe ben fit contributions and/or deductions made on their behalf as provided or by Article 13 (FRINGE BENEFITS) . 12.4 Provisional, tempor ry, and emergency employees shall be considered, for the purposes of thi AGREEMENT, participating employees and shall be compensated in acco dance with Article 12.1 (WAGES) and have fringe benefit contributio s and/or deductions made in their behalf as provided for by Article 13 ( RINGE BENEFITS) . 12.5 All regular employe s employed after February 15, 1974, shall be considered, for the urpose of this AGREEMENT, participating employees and shall be compens ted in accordance with Article 12.1 (WAGES) and have fringe benefit ontributions and/or deductions made on their behalf as provided for by A ticle 13 (FRINGE BENEFITS) . - 13 - � r � ( 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 - 1 rc E. ��//�� ARTICLE XIV - HOLIDAYS 14.1 The following ten ( 0) days shall be designated as holidays: New Year' Day, January 1 Martin Lu her King Day, Third Monday in January (effective 1986) President ' Day, Third Monday in February Memorial ay, last Monday in May Independe ce Day, July 4 Labor Day first Monday in September Columbus ay, second Monday in October Veterans' Day, November 11 Thanksgiv ng Day, fourth Thursday in November Christmas Day, December 25 14.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the followin Monday shall be considered the designated holiday. When any o these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 14.3 The ten (10) holiday shall be considered non-work days. 14.4 If, in the judgment f the EMPLOYER, personnel are necessary for operating or emergen y reasons, employees may be scheduled or "called back" in acc rdance with Article 10 (CALL BACK) . 14.5 Participating employ es as defined in Articles 12.3, 12.4 and 12.5 working on a designated holi ay shall be compensated at the rate of two (2) times the basic hourly rat for all hours worked. • 14.6 If an employee other than a participating employee entitled to a holiday is required to work on artin Luther King Day (effective 1986) , President's Day, Christopher Columbus ay, or Veterans' Day, he shall be granted another day off with pay in lieu ther of as soon thereafter as the convenience of the department permits, or he shall e paid on a straight time basis for such hours worked, in addition to his regul r holiday pay. If an employee entitled to a holiday is required to work on N w Year's Day, Memorial Day, Independence Day, Thanks- giving Day or Christm s Day, he shall be recompensed for work done on this day by being granted comp nsatory time on a time and one-half basis or by being paid on a time and on -half basis for such hours worked, in addition to his regular holiday pay. Eligibility for holiday pay shall be determined in accordance with Secti n I, Subsection I of the St. Paul Salary Plan and Rates of Compensation. - 15 - 1 �7 ( ARTICLE XV - DISCIPLINARY PROCEDURES 15.1 The EMPLOYER shall have the right to impose disciplinary actions on employees for �ust cause. 15.2 Disciplinary actions by the EMPLOYER shall include only the following actions: 15.21 Oral reprimand 15.22 Written reprimand 15.23 Suspension 15.24 Demotion 15.25 Discharge 15.3 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civil Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appeal of a suspension, demotion, or discharge shall be considered a "grievance" for the purpose of processing through the provisions of Article 21 (GRIEVANCE PROCEDURE) . - 16 - t r. � �F�.�-//77 ARTICLE XVI - ABSENCES F OM WORK 16.1 Employees who are u able to report for their normal work day have the responsibility o notify their supervisor of such absence as soon as possible, b t in no event later than the beginning of such work day. 16.2 Failure to make suc notification may be grounds for discipline as provided in Arti le 15 (DISCIPLINARY PROCEDURES) . 16.3 Failure to report f r work without notification for three (3) consecutive normal ork days may be considered a "quit" by the EMPLOYER on the part of the employee. - 17 - � ., � ARTIGLE XVII - SENIORITY 17.1 Seniority for the purposes of this AGREEMENT, shall be defined as follows: 17.11 "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. 17.12 "Class Seniority" the length of continuous regular and probationary service with the EMPLOYER from the date an employee was first appointed to a class title covered by this AGREEMENT. 17.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the EMPLOYER or to an elected or appointed fulltime position with the UNION. 17.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 17.4 In the event it is determined by the EMPLOYER that it is necessary to reduce the work force employees will be laid off by class title within each Department based on inverse length of "Class Seniority". Employees laid off shall have the right to reinstatement in any lowerpaid class title previously held, provided, employee has greater "Class Seniority" than the employee being replaced. 17.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", subject to the approval of the EMPLOYER. - 18 - � „ r �.,�d'.�-//77 ARTICLE XVIII - JURISDIC ION 18.1 Disputes concerning work jurisdiction between and among unions is recognized as an ap ropriate subject for determination by the various unions representing employees of the EMPLOYER. 18.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction by any mutual agree ents between the unions involved. 18.3 In the event of a d spute concerning the performance or assignment of work, the unions in olved and the EMPLOYER shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the LOYER to accomplish the work as originally assigned pending resolution f the dispute or to restrict the EMPLOYER'S basic right to assign wor . 18.4 Any employee refusi g to perform work assigned by the EMPLOYER and as clarified by Sectio s 18.2 and 18.3 above shall be subject to disciplinary action as provided n Article 15 (DISCIPLINARY PROCEDURES) . 18.5 There shall be no w rk stoppage, slow down, or any disruption of work resulting from a wo k assignment. - 19 - � •� [ ARTICLE XIX - SEPARATION 19.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following sections: 19.11 Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 19.12 Discharge. As provided in Article 15. 19.13 Failure to Report for Duty. As provided in Article 16. 19.2 Employees having an emergency, temporary, or provisional employment status may be terminated at the discretion of the EMPLOYER before the completion of a normal work day. - 20 - 1 � � f ��.�//7� ARTICLE XX - TOOLS 20.1 All employees shal personally provide themselves with the tools of the trade as lis ed in Appendix B. - 21 - , � � ( ARTICLE XXI - GRIEVANCE PROCEDURE 21.1 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. 21.2 It is recognized and accepted by the EMPLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the �ob duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is pro- cessed 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. 21.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 15.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. 21.4 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 - 22 - , ��-ir7� ARTICLE XXI - GRIEVANCE ROCEDURE (continued) employee's sup rvisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be redu ed to writing and referred to Step 2 by the UNION. Th written grievance shall set forth the nature of the rievance, the facts on which it is based, the alleged se tion(s) of the AGREEMENT violated, and the relief req ested. Any alleged violation of the AGREEMENT not educed to writing by the UNION within seven (7) calen ar days of the first occurrence of the event giving ri e to the grievance or within the use of reasonable dili ence should have had knowledge of the first occurrenc of the event giving rise to the grievance, shal be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievan e a designated EMPLOYER supervisor shall meet with the ION Steward and attempt to resolve the grievance. If, s a result of this meeting, the grievance remains unresolv d, the EMPLOYER shall reply in writing to the UNION within three (3) calendar days following this meeting. The UN ON may refer the grievance in writing to Step 3 within se en (7) calendar days following receipt of the EMPLOYER'S w itten answer. Any grievance not referred in writing by th UNION within seven (7) calendar days following receip of the EMPLOYER'S answer shall be considered waive . - 23 - i � , c ARTICLE XXI - GRIEVANCE PROCEDURE (continued) Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated EMPLOYER supervisor shall meet with the UNION Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the EMPLOYER shall reply in writing to the UNION stating the EMPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred to in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. Step 4. If the grievance remains unresolved, the UNION may within seven (7) calendar days after the response' of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relation Board to submit a panel of five (5) arbitrators. Both - 24 - � � ( ��-//�� ARTICLE XXI - GRIEVANCE ROCEDURE (continued) the EMPLOYER a d the UNION shall have the right to strike two (2) names from the panel. The UNION shall strike the fir t (lst) name; the EMPLOYER shall then strike one (1) name. The process will be repeated and the remaini g person shall be the arbitrator. 21.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract rom the provisions of this AGREEMENT. The arbitrator shall con ider and decide only the specific issue submitted in writing by the LOYER and the UNION and shall have no authority to make a decision on any other issue not so subnitted. The arbitrator shall be w thout power to make decisions contrary to or inconsistent with or odifying or varying in any way the application of laws, rules, or re ulations having the force and effect of law. The arbitrator's deci ion shall be submitted in writing within thirty (30) days foll ing close of the hearing or the submission of briefs by the parti s, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's inter retation or application of the express terms of this AGREEMEN and to the facts of the grievance presented. The decisi n of the arbitrator shall be final and binding on the EMPLOYE , the UNION and the employees. - 25 - , , . ARTICLE XXI - GRIEVANCE PROCEDURE (continued) 21.6 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. 21.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. - 26 - ♦ t x �,F �s=//77 ARTICLE XXII - RIGHT OF SUBCONTRACT 22.1 The EMPLOYER may, t any time during the duration of this AGREEMENT, contract out work d ne by the employees covered by this AGREEMENT. In the event that s ch contracting would result in a reduction of the work force cove ed by this AGREEMENT, the EMPLOYER shall give the UNION a ninety 90) calendar day notice of the intention to subcontract. 22.2 The subcontracting o work done by the employees covered by this AGREEMENT shall in a 1 cases by made only to employees who qualify in accordance with 0 dinance No. 14013. - 27 - i , , t ARTICLE XXIII - NON-DISCRIMINATION 23.1 The terms and conditions of this AGREEMENT will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, or because of inembership or nonmembership in the UNION. 23.2 Employees will perform their duties and responsibilities in a nondiscriminatroy manner as such duties and responsibilities involve other employees and the general public. - 28 - t � � � ��`./// ✓ ARTICLE XXIV - SEVERABI ITY 24.1 In the event that ny provisions(s) of this AGREEMENT is declared to be contrary to 1 w by proper legislative, administrative, or judicial authority rom whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. Al1 other provisions shall co tinue in full force and effect. 24.2 The parties agree t , upon written notice, enter into negotiations to place the voided provisions of the AGREEMENT in compliance with the legislative, ad inistrative, or judicial determination. - 29 - � � , � ARTICLE XXV - WAIVER 25.1 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 concernin� 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. 25.2 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 the EMPLOYER may, however, mutually agree to modify any provision of this AGREEMENT. _ 25.3 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 - . , , _� ��`��/7� ARTICLE XXVI - CITY MIL GE 26.1 Automobile Reimburs ment Authorized: Pursuant to Chapter 33 of the Saint Paul Administ ative Code, as amended, pertaining to reimbursement of City officers an employees for the use of their own automobiles in the performance of heir duties, the following provisions are adopted. 26.2 Method of Com utati n: To be eligible for such reimbursement, all officers and employ es must receive written authorization from the Department Head. Type 1. If an emplo ee is required to use his/her own automobile OCCASIONALLY during mployment, the employee shall be reimbursed at the rate of $3.00 pe day for each day the employee's vehicle is actually used in per orming the duties of the employee's position. In addition, the emp oyee shall be reimbursed 15C per mile for each mile actually driven If such employee is equired to drive an automobile during employment and the department head r designated representative determines that an employer vehicle is vailable for the employee's use but the employee desires to use his/h r own automobile, then the employee shall be reim- bursed at the rate o 15C per mile driven and shall not be eligible for any per diem. Type 2. If an employ e is required to use his/her own automobile REGULARLY during empl yment, the employee shall be reimbursed at the rate of $3.00 per day for each day of work. In addition, the employee shall be reimbursed 1 C per mile for each mile actually driven. If such employee is r quired to drive an automobile during employment and the department he d or designated representative determines that an employer vehicle i available for the employee's use but the employee desires to use his/he own automobile, then the employee shall be reim- bursed at the rate of 15� per mile driven and shall not be eligible for any per diem. 26.3 The City will provide arking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to ha e their personal car available for City business. Such parking will be p ovided only for the days the employee is required to have his or her own personal car available. 26.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedur s for automobile reimbursement, which regulations and rules shall contai the requirement that recipients shall file daily reports indicating mil s driven and shall file monthly affidavits stating the number of days wor ed and the number of miles driven, and further require that they main ain automobile liability insurance in amounts of not less than $100,000 $300,000 for personal injury, and $25,000 for property damage, or lia ility insurance in amounts not less than $300,000 single limit coverage, ith the City of Saint Paul named as an additional insured. These rules a d regulations, together with the amendment thereto, shall be maintained on ile with the city clerk. - 31 - j � . � ARTICLE XXVII - SEVERANCE PAY 27.1 The employer shall provide a severance pay program as set forth in this Article. 27.2 To be eligible for the severance pay program, an employee must meet the following requirements: 27.21 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 85" or "rule of 90" provisions of the Public Employees Retirement Association (PERA) . The "rule of 85" or "rule of 90" criteria shall also apply to employees covered by a public pension plan other than PERA. 27.22 The employee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 27.23 The employee must have at least ten (10) years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this Article, employ- ment in either the City or in the Independent School District No. 625 may be used in meeting this ten (10) year service re- quirement. 27.24 The employee must file a waiver of reemployment with the Director of Personnel, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type) , with the City or with Independent School District No. 625. 27.25 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 27.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to onehalf of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave sub�ect to a maximum of 200 accrued sick leave days. 27.4 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. - 32 - r , < < C��.�//�7 ARTICLE XXVII - SEVERANC PAY (cont.) 27.5 For the purpo e of this severance program, -a death of an employee shall be consi ered 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 eath, payment of the severance pay will be made to the employee's estate or spouse. 27.6 For the purpose of this severance program, a transfer from the City of Saint P ul employment to Independent School District No. 625 employment is n t considered a separation of employment, and such transferee shal not be eligible for the City severance program. 27.7 The manner of p yment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 27.8 This severance ay program shall be subject to and governed by the provisions of C ty Ordinance No. 11490 except in those cases where the specific pr isions of this article conflict with�said ordinance and in such case , the provisions of this article shall control. 27.9 The provisions o this article shall be effective as of August l, 1984. 27.10 Any employee hi ed prior to February 15, 1974 may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as am nded by City Ordinance No. 16303, section 1, section 6, draw severance p y. However, an election by the employee to draw severance pay un er either this article or the ordinance shall constitute a bar to receivi g severance pay from the other. - 33 - a � , 1 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 18th day of July, 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 part from the full, faithful performance of their duties of employment. - 34 - 1 � t � ��`�/I77 ARTICLE XXVIII - DURATIO AND PLEDGE (continued) 2E.32 The. EMPLOYER will not engage in, instigate, or - condone any ockout of employees. . 28.33 Thfs constit tes a tentative agreement between the parties which will be recommened by the City Negotiator, but is subjec to the approval of the Administration of the City and s also subject to ratification by the UNION. � AGREED to this 18th day ot. July , 1985, and attested to as the fnll and complete underst nding of the parties for the period of time herein specified by the signatur of the following representative for the EMPLOYER and the UNION: WITNESSES: INTERNATIONAL BROTHERHOOD OF BOILERI�IAKERS, IRON SHIPBUILDERS, BLACKSMITHS, FORGERS AND CITY OF SAINT PAUL HELPERS, LODGE 647 � Labor tions re r Bu ness Man ger � � Civil Service Commission — 35 — � . � y APPENDIX A The classes of positions recognized by the EMPLOYER as being exclusively represented by the UNION are as follows: Blacksmith Trainee Boilermaker, Blacksmith; and other classes of positions that may be established by the EMPLOYER where duties and responsibilities assigned comes within the �urisdiction of the UNION. - A1 - v. 1 i ► APPENDIX C The basic hourly wage rate for provisional, regular and probationary employees appointed to the following classes of positions shall be: Effective July 20, 1985 Boilermaker . . . . . . . . . . . . $16.68 Blacksmith . . . . . . . . . . . . 16.68 Blacksmith Trainee 0 - 6 months . . . . . . . . . . . 607 of Boilermaker rate 7 - 12 months . . . . . . . . . . . 657 of Boilermaker rate 13 - 24 months . . . . . . . . . . . 707 of Boilermaker rate after 24 months. . . . . . . . . . . 75� of Boilermaker rate The basic hourly wage rate for temporary and emergency employees appointed to the following classes of positions shall be: Effective July 20, 1985 Boilermaker . . . . . . . . . . . . . $17.35 Blacksmith . . . . . . . . . . . . . 17.35 Blacksmith Trainee 0 - 6 months . . . . . . . . . . . 60� of Boilermaker rate 7 - 12 months . . . . . . . . . . . 657 of Boilermaker rate 13 - 24 months . . . . . . . . . . . 70� of Boilermaker rate after 24 months. . . . . . . . . . . 75� of Boilermaker rate The basic hourly wage rate for regular employees appointed to the following classes of positions, who are receiving the Fringe Benefits listed in Article 12.2 shall be: Effective July 20, 1985 Blacksmith . . . . . . . . . . . . . $16.68 Blacksmith Trainee 0 - 6 months . . . . . . . . . . . 60� of General Blacksmith 7 - 12 months . . . . . . . . . . . 65� of General Blacksmith 13 - 24 months . . . . . . . . . . . 70� of General Blacksmith after 24 months. . . . . . . . . . . 757 of General Blacksmith - C1 - � � � r ��//�7 APPENDIX D Effective July 20, 1985, the EMPLOYER shall: . (1) contribute $2. 5 per hour for all hours worked by participating mployees as defined in Articles 12.3, 12.4 and 12.5 f this AGREEMENT to a Health and Welfare Fund. (2) contribute $1. 5 per hour for all hours worked by participating mployees as defined in Articles 12.3, 12.4 and 12.5 f this AGREEMENT, to a Pension Fund. (3) contribute $ .1 per hour for all hours worked by participating e ployees as defined in Articles 12.3, 12.4 and 12.5 o this AGREEMENT to a Journeyman and A rentices i Trainin Fund. (4) Deduct $1.00 pe hour for all hours worked by parti- cipating employ es as defined in Articles 12.3, 12.4 and 12.5 of thi AGREEMENT. Monies deducted shall be forwarded to th Union's Vacation Fund. All contributions made in ccordance with this Appendix shall be forwarded to depositories as directed b the UNION. The EMPLOYER shall establi h Workman's Compensation and Unemployment Compensation programs as required by Mi nesota Statutes. � Participating employees as efined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, shall not b eligible for, governed by, or accumulate vacation, sick leave, holiday, funera leave, jury duty, or insurance fringe benefits that are or may be established b Civil Service Rules, Council Ordinance, or Council Resolutions. The EMPLOYER'S fringe benefi obligation to participating employees as defined in Articles 12.3, 12.4 and 1 .5 is limited to the contributions and/or deductions established by this AGREEMEN . The actual level of benefits provided to employees shall be the responsibility f the Trustees of the various funds to which the EMPLOYER has forwarded contri utions and/or deductions. - D1 - .. �� . _ � _ . ,_....., . _ :�;��:`'•-.� I�..� .L ��, .i..lA�1V� •��lJ� U�>"'_// � � f•-.•i� —�� C'~,�-.�, � .. . .. :::�%'r_�r;::� lj rrzcr o� �'rZlr CZTY' COII\CIL � ��t:�i-:;:�:�_ .:� r��:f . . . �7 `� •_� al" tti • . . . ' • _ �,.�;-'� -' r� Dote : August 22, 1985 �;::y;_:;.'=,__ . . . ' . . .. CO f1�1 1!T' � E R E P O ��"' i 4 = SQin� P� I �i�y Cou�c�ii � � . ��' � �'�� C d M�� O C3 FINANCE, MANAGEMENT & PERSONNEL � � C`r�A I P. J S SCHEIBEL 1. Approval of minutes from meeting held August 15, 1985. •.Z. Adrtri:nistrative Order .D-7584 - Budget revision� in Mayor-Personnet/Urban Corp.'�,�; . 3. Administrative Order D-7588 - Budget revision in PED-Community Develop- ment B l ock Grant. �� - � _ _ . - . 4. Resolution .providing fpr public sale of $5,500,000 testimated) Water . Revenue Bonds Series 1985A. (Finance & Management Services} �_,� : . � : y ��5. Resolution authorizin abatement to Ramsey County asses.sment #9136 for ��U demol-i�tion of a hazar�i us structure at 184 N. Kent in the amount of $3200 p 1 us i nterest. F i nance 8 Management Serv i ce�s) � ,�,_✓ , _ . .__ -- . �: �- .. _ --�.-- approving 985 Maintenance Labor Agreement between the City •and the Boilermakers U ion, Lodge 647.. (Personnei ) ;��: � �7.�._ Resolution approving 19$5 Maintenance Labor Agreement between the City ' and the International nion of Elevator Constructors,_ Local 9. (Persn.) ��,�f 8. Resolution amending th 1985 t�udget by adding $60,000 to the Financing � -Plan and to ttie Spendin Plan for Shade Tree Di-sease Control . . � � (Community Services) � , . 9. Resolution authorizing an agreement with Ramsey Action Programs, Inc.. for health screening and f d assistance fund for the homeless. (Community Services) ;%� �z f . 10. Resolution authorizing an agreement with the University of Minnesota for the services of Dr. Le Satran, M.D. (Cortxnunity 5ervices} :'.i,�;� 11 . Resolution authorizing xecution of a contract with Minnesota Department of Health whereby the C'ty will provide laboratory screening tests and health counseling to pe sans identified at a higher risk of-developing acquired immune deficie cy syndrome (AIDS) . (Community Services} �:�:,<;�, ,� 12. Resolution authorizing n agreement between St. Paul Division of Librar- ies and the Department f Corrections-Oak Park Neights Correctional Facility for an inter-library loan prograrn. (Cortmunity Services) ..;t�!% CITY HALL SEVEN i FLOOR , SAII�IT PAUL, A1ItitiESOT:�5520? ' �!-c..�,.„