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85-1340 WHITE - CITV CLERK PINK - FINANCE CO�IIICII A ^ _ � ,/ �j CANARV - DEPARTMENT GITY OF� SAINT PAITL Y f' / �S� V. � BLUE - MAYOR Flle NO. �� Council Resolution Presented eferred To Y f lyl�}G�C��- Committee: Date —�"�� -° � Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1985 Maintenance Labor Agreement between the Independent School District ��625 and th� United Union of Roofers, Waterproofers and Allied Workers, Local Union No. 96. , COUNCILMEN Requested by Department of: Yeas Nays � Masanz PERSON L OFFICE � N�cos�a [n Favor � � Scheibel � �� Sonnen _ A gainst BY �sdesao Wilson n rr u�' 3 � Form pprove by City Attorney Adopted by Council: Date Certified Pa. e y ouncil S tar BY By A►pproved by � vor. ate ��L( �� - Approve by May or u m ion to Council gy � � ��: B PYil�.�$��.C� +�5�� i .� 1�� Personnel Office � DEPARTMENT ��'-134�6 N° 33? ' Jeanette Sobania CONTACT 4221 'PHONE Se tember 3 1985 DATE �Q,/�� e ASSIGN NUMBER FOR ROUTING ORDER C i All Locations for Si nature : 1 Department Director 3 Director of Management/Mayor Finance and Management Service Director � City Clerk Budget Director ! 2 City Attorney ' � WHAT WILL BE ACHIEVED BY TAKING AC ION ON THE ATTACHED MATERIALS? (Purpose/ This resolution approves the 1985 greement between the ISD: ��625 anc��oo�eTS�L'ocal No. 96. The changes are as follows: - New Agreement now provide for ten holidays with the addition of Martin Luther King day. - The term of the Agreement is from 1+-17-85 (effective date of wage change) thru 4-30-86. - A total package increase f 25¢ was apportioned between wage rate & fringe benefits. This Agreement has been appr ved by the St. Paul School Board. COST/BENEFIT, BUDGETARY AND PERSON EL IMPACTS ANTICIPATED: None. Applies only to Schoo District. � a1 �O�� ` r `-�{ ' ,. Sr� _, �.�� i � � (� ''�1 ',� �� ,�,�,, � ' UU�� FINANCING SOURCE AND BUDGET ACTIVI�fY NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of Transaction: I quired if under $10,000) Funding Source: Activity Number: ATTACHMENTS List and Number All A tachments : - - 1 . Resolution - - ,y;?��,,, C 2. Meintenance Labor Agreement � �' T " - 3. Copy for City Clerk �� y r,J �`�� //�� , L ��-�' DEPARTMENT REVIEW I ,' � CEIVED W Yes No Council Resolution R�quir �'� ? Yes No Yes No Insurance Required? ��9—c� ��5 :? Yes No Yes No Insurance Attached: � SEE REVE SE SI CITY AT TO,�� ' Rev i sed 12/84 _ _ - - ;,, r 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, if required, attached. Providing complete information under the listed headings enables reviewers to make decisions on the documents and eliminates follow-up contacts that may delay execution. The COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS heading provides space to explain the cost/benefit aspects of the decision. Costs and benefits related both to City budget (General Fund and/or Special Funds) and to broader financial impacts (cost to users, homeowners or other groups affected by the action) . The personnel impact is a description of change or shift of 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) l. Activity Manager 1. Initiating Department 2. Department Accountant 2. City Attorney 3. Department Director 3. Director of Management/Ma.yor 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 Management/Mayor 4. Director of Management/Mayor 4. City Clerk 5. Chair, Finance, Mngmt. & Personnel Com. 5. City Council 6. City Clerk 7. City Council 8. Chief Accountant, F&MS SUPPORTING MATERIALS. In the ATTACHMENTS section, identify all attachments. If the Green Sheet is well done, no letter of transmittal need be included (unless signing such a letter is one of the requested actions) . Note: If an agreement requires evidence of insurance/co-insurance, a Certificate of Insurance should be one of the attachments at time of routing. Note: Actions which require City Council Resolutions include: l. Contractual relationship with another governmental unit. 2. Collective bargaining contracts. 3. Purchase, sale or lease of land. 4. Issuance of bonds by City. 5. Eminent domain. 6. Assumption of liability by City, or granting by City of indemnification. 7. Agreements with State or Federal Government under which they are providinq funding. 8. Budget amendments. t � ' _ ��ry /3�� ,� � .; " <.. ',� CI'I'Y O I' T ,��:i. � :zz� � ►r�~ AI�T P13.UL �'_';�" �i. ,�r� '_:-� � �':• O I'F I C I i: O F T H I C C I T Y C O II i�7 C Z L -�� ,`��;�:a=;l -� �`' � i�s.i�?SY�f 1.4 .�,� c�,�"ID:,"_`-:;"={ ;. D d t e ; Sept. 26, 1985 `�,�,_;,;;;�;��.;:;`� � ��:... COiV1MITT � E F� E PORT Tn = SQ �nt PQU i City Cou�ci ! F R Q P� = C O i'�l C�1 (�t��O O h F i NANCE, MANAGEMENT � PERSONNEL C� AIR James Scheibel 1. Resolution amending the. 1985 budgec and uansTerring $1,000,000 from Canmunity Development 91ock Gran[ rund-?rogram inecme-.!and Sales to Community Developmenc Blocic Gran[ fund- World Trade Cencer. (PED) �P�U� . ' � . ' 2. Resolution amending the 1985 budget and adding $S�.k34 to the Financing a.nd Spending • ' • Plan fo� Equipment Services Fi�e-Police. (Fire Dept.) �P�� ! 3. Resolution amending the 1°85 budget and adding $15,364 to [he Financing and Spending � � Plan for Fire FighCing EquipmenC: (Fir.e Dept.) qpPROV4.� . . � 4. Resolution amending the 19�S .budget an� adding $28,310 to the Fina�cing and Spending • j Plan for Incrastructure Inventory. (Public 4lorks).}�{�P•O�/� . ' i5. Resolution ame�iding the 1985 budge[ �nd adding $20,000 to the Financi�ng a�d Spendina ' Plan for General Govt. Acc4uncs-City Attorney's Office. (City Attorney`s Offiee)�� 6. Resolu[ion authorizing an agreement with Minnesota State r�gricultural Society (Hinnesoca �� • Stace Fair Board) wherehy the City wili provide animal control services. (Cortm. Services)�ic� V� � ]. Ordinance amendi�g Chapters 3b9, 374, a�d 310 or the Legislative Code pertaining to building trades business licenses and certific�ces or compeCency. (Comn.�ervices)t,1�A� �V� � .. , . ��'��^.. 8. ftesolution authorizing a supplemental �agreemen[ wiih the Commissioner o�Transoortation to allow additional funding ior cemoletion ot cemmunication cable syste�'for comouterized • signal system. (Public Works) �tQP��V� . � � • 9. ResoluCion authorizing an agreement with Ramsey CQUn[y Puhlic Health Nursing whereoy Che ,�� City wich �eceive services oT a nurse practitioner `or the Homeless Clinics. (Cemm. Serv. 10. Resolucion authorizing a 1985 Operating Agreement with I.S:D. �625 whereby the ity furnishes various services to the Distric�. (fi�ance E Mgmc. Secvices) ��V�� 11. Resolucion.�auchorizin9 an agreemen[ with MN. State Agricultural Societ��erebv fie City � provided various police services during the 1°8S Sta�e �air. (Police Depc.) ��'SG� � 12. Resolution authorizin9. an amendmen� to a Lease Agreement with the P�r.r Autho�i,,�ty,�fo1r additional land co he used for che City's Imoound Loc. (Police Depc.') �P`� 13. Resolucion auchorizing and accepcing :j0,000 Urban ParkS E Recreation Recovery Proaram =,-5� granc to conduct a ci[ywide needs assessmenc �or. [he Parks b Rec. System. ((omm. Services)��' 14. Resolucion aoproving 1°85 Memo. of Agreemenc be�ween ISO .r625 and Operative Plasterers . E• Cemenc ;lasons, Locals ,#20 $ 5b0, Twin City. G.iaziers b G ass WoGrk�rs, Local 1324 and . ' 7win CILy Carpeneters Oistrict Council. (Personnel) ��w • ' • 15. Resolution approving 1985 Maintenance Labo� Agreemen[ between ISO Tb25 and the U i Union of Roorers, 4lacerproot'ers a�d Allied Slorke�s, Local �96. (Personnel) ��'� f 16. Resolu[ion relating to Lhe uest-Hidway So. 5[. An[hony Park ftedevelcpment area, aoproving amenament or the redevelepment �1an and a4oroving adooLion oT a Cax increment plan cr2a[ed J ,wiChin and for said area (4laldori Corp.) (P:J) '��. ' : . • ' � s ��7. Oiscus ion or allocating additional 1?85 funds for the 6asRetweave pro9ram. - ��SOltrlloN � ��Gl. aF �-�6-$S I�cPP6�Dv�. CITY HALL SLVENTH FL�OR SAINT PAUL, \4INNESC�TA 5510� •!xr_-''=�...,y i: ��-�� I N D E X ARTICLE TITLE PAGE , Preamble iii I Purpose 1 II Recogriition 1 III Employer Rights 1 IV Union Rights 2 V Scope of rhe Agreement '` 2 VI Probationary Periods 3 ` VII Philosophy of Employment and Compensation 3 VIII Hours of Work 4 , IX Overtime 5 X Call Back 5 %I Work Location 6 XII Wages 7 XIII Fringe Benefits 11 RIV Selection of Foreman and General Foreman 11 XV Holidays 12 XVI Disciplinary Procedures 13 � XVII Absences from Work . 13 XVIII Seniority 14- RIX Jurisdiction 15 XR Separation 15 XXI Tools 15 XXII Grievance Procedure � 16 XXIII Right of Subcontract 19 XXIV Non-discrimination 19 XXV Severability 19 XXVI Waiver 20 XXVII Mileage-Independent School District No. 625 20 • XXVIII Duration and Pledge 21 ' Appendix A A1 Appendix B B1 Appendix C C1 Appendix D D1 • - ii - P R E A M B L E � This AGREEMENT is entered into between Independent School District No. 625, hereinafter referred to as the II�LOYER, and the United Union of Roofers, Waterproofers, and Allied Workers Local Union No. 96, hereinafter referred to as the UNION. The EMPLOYER and the UNION concur that this AGREII�ENT has as its objective the promotion of th� responsibilities of the City for the benefit of the general public through effective labor-management cooperation. The II�LOYER 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 E1�LOYER, the UNION, and the individual employees will best serve the • needs of the general public. � � - iii - � �',��/3�� ARTICLE I - PURP�3E * 1.1 The II�LOYER and the UNION agree that the purpose for entering into this AGREEMENT is to: 1.11 Achieve orderly and peaceful relations, thereby establishing a , system of uninterrupted operations and the highest level of employPe performance that is consistent with the safety and well-being of all concerned; 1.12 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the EMPLOYER and the UNION; , 1.13 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this AGREIIr1ENT without loss of manpower productivity. 1.2 The II�LOYER and the UNION agree that this AGREEMENT serves as a supplement to legislation that creates and directs the EI�LOYER. If any part of this AGREEMENT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (SEVERABILITY). � � 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. 73-PR-511-A dated May 11, 1973. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. ARTICLE III - II�IPLOYER RIGHTS � 3. 1 The EMPLOYER retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this AGREII�NT. 3.2 Any "term or condition of employment" not established by this � AGREEMENT shall remain with the EMPLOYER to eliminate, modify or establish following written notification to the UNION. - 1 - ARTICLE IV - UNION RIGHTS 4.1 The E1�LOYER 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 II�LOYER 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 ENIPLOYER from any and all claims or charges made against the II�LOYER 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 II�LOYER in writing of such designation. Such employee shall have the right and responsibilities as designated in Article 22 (GRIEVANCE PROCEDURE) . � 4.3 Upon notification to a designated EM}.'LOYER supervisor, the Business Manager of the UNION or his designated representative shall be permitted to enter the facilities of the II�LOYER where employees covered by this AGREEMENT are working. ARTICLE V - SCOPE OF THE AGREEMENT � 5.1 This AGREIIKENT 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. � - 2 - � ��'�--�3�� ARTICLE VI - PROBATIONARY PERIODS � 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) months' 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 ma.y be terminated at the discretion of the EMPLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE) . 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the 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 II�LOYER without appeal to the provisions of Article 22 (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. ARTICLE VII - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The EMPLOYER and the UNION are in full agreement that the philosophy of employment and compensation shall be a "cash" hourly wage and "industry" fringe benefit system. 7.2 The II�LOYER shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in " Articles 12 (WAGES) and 13 (FRINGE BENEFITS) . 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this AGREEMENT; except those employees who have individually optioned to be "grandfathered" as provided by 12.2. • - 3 - ARTI('LE 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 EMPLOYER'S judgment to establish second and third shifts or a work week of other than Mondaq 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 Al1 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 BACR) . 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. . . - 4 - �� -�3�� ARTICLE IX - OVERTIME � 9.1 Overtime. Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by order of the head of the department. An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the EMPLOYER. 9.2 The overtime rate of one and one-half (1'�) times the basic hourly rate shall be paid for work performed under the following circumstances: 9.21 Time worked in excess of eight (8) hours in any one normal work � day, and 9.22 Time worked in excess of forty (40) hours in a seven (7) day - period. 9.3 For the purposes of calculating overtime compensation, overtime hours worked shall not be "pyramided", compounded or paid twice for the same hours worked. 9.4 Overtime shall be paid in cash or compensatory time as determined by the Employer. � 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 norma.l 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 call-back shall be compensated in ' accordance with Article 9 (OVERTIME) , when applicable, and subject to the minimum established by 10.2 above. � 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME) . � - 5 - ARTICLE XI - WORR LOCATION 11.1 Employees shall report to work location as assigned by a designated � ENIPLOYER 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. � . � - 6 - �� - i3 �� ARTICLE RII - 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 subject. to a11 other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (FRINGE BENEFITS). 12.21 Insurance benefits as established by City of Saint Paul Resolutions. _ 12.22 Sick leave as established by Resolution No. 3250, Section 20. 12.23 Vacation as established by the Saint Paul Salary Plan and . Rates of Compensation, Section I, Subdivision H. 12.24 Ten (10) legal holidays as established by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision I. 12.25 Severance benefits as established by the School District's Severance Pay Plan with a maximum payment of $4,000. or as established by Section 12.26 of this Article. 12.26 Severance Pay: Provisions effective September 1, 1984. The • Employer shall provide a severance pay program as set forth in this Section: 12.26.1 To be eligible for the severance pay program, an employee 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 Association (PERA) . The "rule of 90" or the "rule of 85" criteria shall 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 discharged for cause, misconduct, inefficiency, incompetency or any other disciplinary reason are not eligible for this severance pay program. + - 7 - 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 ma.y 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. • - 8 - �,� ��-,.�y� Article XII - Wages (continued) � 12.26.7 This severance pay program shall be sub,ject to and 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 and in such cases, the provisions of this section shall control. 12.26.8 Any employee hired prior to February 15, 1974 may, in any event, and upon meeting the qualifications of this section or the original School District Basic Severance Pay Plan (which allows $4,000 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. 12.26.9 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 eligible and a recipient of Early Retirement Incentive paymen� under the Memorandum of Agreement with the exclusive representative dated November 2, 1983. � 12.27 The EMPLOYER will for the period of this AGREEMENT provide for employees working under the titles as listed in Appendix A who retire after the time of execution of this AGREEMENT or who have retired since September 1, 1974, and until such employees reach sixty-five (65) years of age such life, hospital and medical insurance benefits as are provided by the EMPLOYER. 12.28 In order to be eligible for the benefits under the provision of 12.27 the employee must: 12.28.1 Be receiving benefits from a public employee retiree act at the time of retirement. 12.28.2 Have severed his relationship with the City of Saint Paul and Independent School District No. 625 under one � of the early retiree plans. 12.28.3 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. • - 9 - Art{.;le RII - 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 (FRING� BENEFITS). 12.4 Provisional, teinporary, 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) . � • - 10 - � ��i3yd ARTICLE %III - FRINGE BENEFITS � 13.1 The EI�LOYER 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. ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN 14.1 The selection of personnel for the class of position of Foreman sha'11 remain solely with the EMPLOYER. , � 14.2 The class of position of Foreman shall be filled by employees of the bargaining unit on a "temporary assignment". 14.3 All "temporary assignments" shall be made only at the direction of a designated EMPLOYER supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. • • - 11 - ARTICLE XV - HOLIDAYS � 15.1 The following ten (10) days shall be designated as holidays: � New Year's Day, January 1 Martin Luther King Day, Third Monday in January Presidents' Day, Third Monday in February Memorial Day, Last Monday in May Independence Day, July 4 Labor Day, First Monday in September Columbus Day, Second Monday in October Veterans' Day, November 11 Thanksgiving Day, Fourth Thursday in November Christmas Day, December 25. 15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sundaq, the following Monday shall be considered the designated � holiday. Whea any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. . 15.3 The ten (10) holidays shall be considered non-work days. 15.4 If, in the �udgment of the EMPLOYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article X (CALL BACR). 15.5 Employees working on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 15.6 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 employees 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. • - 12 - �-��-�� ARTICLE XVI - DISCIPLINARY PROCEDURES � 16.1 The EMPLOYER shall have the right to impose disciplinary actions on employees for just cause. 16.2 Disciplinary actions by the EMPLOYER shall ii�clude only the following actions: 16.21 Oral reprimand; 16.22 Written reprimand; 16.23 Suspension; 16.24 Demotion; 16.25 Discharge. 16.3 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 22 (GRIEVANCE PROCEDURE) . ARTICLE RVII - ABSENCES FROM WORK • 17.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (DISCIPLINARY PROCEDURES) . 17.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a "quit" by the EhIPLOYER on the part of the employee. � - 13 - ARTICLE XVIII - SENIORITY 18.1 Seniority, for the purposes of this AGREEMENT, shall be defined as � follows: 18.11 "Master Seniority" - The length of continu�us regular and probationary service with the EriPLOYER from *_he last date of employment in any and all class titles covered by this AGREEMENT. 18.12 "Class Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the date an employee was first appointerl to a class title covered by this AGREEMENT. 18.2 Seni,ority 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 full-time position with the UNION. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the II�LOYER 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 lower-paid class title, provided employee has greater "Master Seniority" than the employee being replaced. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", subject to the approval of the EMPLOYER. . � �� - 14 - �� J�3�� ARTICLE XIX - JURISDICTION • 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of the II�LOYER. 19.2 The II�LOYER agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 19.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the II�LOYER shall meet as soon as mutually possible to , resolve the dispute. Nothing in the foregoing shall restrict the ri`ght of the EMPLOYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the II�LOYER'S basic right to assign work. 19.4 Any employee refusing to perform work assigned by the EMPLOYER and as . clarified by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (DISCIPLINARY PROCEDURES). 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. • ARTICLE XX - SEPARATION 20. 1 Employees having a probationary or regular employment status shall be considered separated f�om 'employment based on the following actions: 20. 11 Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20. 12 Discharge. As provided in Article 16. 20. 13 Failure to Report for Duty. As provided in Article 17. 20.2 Employees having an emergency, temporary or provisional employment status may be terminated at the discretion of the II�IPLOYER before the completion of a normal work day. ARTICLE XXI - TOOLS Z1. 1 All employees shall personally provide themselves with the tools of • the trade as listed in Appendix B. - 15 - ARTICLE XXII - GRIEVANCE PROCIDURE 22.1 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. 22.2 It is recognized and accepted by the EI�LOYER 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 ENIPLOYER. 22.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 16.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. 22.4 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 ENIPLOYER 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 II�LOYER 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. - 16 - �'�-��,�-��a Article XXII - 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 (7j calendar days following this meeting, the II�LOYER shall reply in writing to the UNION stating the II�LOYER'S answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. � Step 4•. If the grievance remains unresolved, the UNION may within seven (7) calendar days after the 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 II�LOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven- (7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5) arbitrators. Both the ErIPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION • shall strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have no authority to ma.ke a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) � days following close of the hearing or the submission of briefs by the parties, whici�ever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation ' or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION, and the employees. • - 17 - Article XXII - Grievance Procedure (continued) 22.6 The fees and expenses for the arbitrator's services and proceedings . shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representative and witnesses. If either party cancels an arbitration hearing or asks for a last-minute postponement that leads to the arbitrator's making a charge, the canceling party or the party asking for the postponement shall pay this charge. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. . • - 18 - �� -3�G ARTICLE XRIII - RIGST OF SUBCONTRACT � 23.1 The EMPLOYER may, at any time during the duration of this AGREEMENT, contract out work done by the employees covered by this AGREEMENT. . In the event that such contracting would result in a reduction of the work force covered by this AGREEMENT, the EMPLOYER shall give the UNION a ninety (90) calendar day notice of, the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by this AGREEMENT shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE XXIV - NON-DISCRIMINATION 24.1 The terms and conditions of this AGREEMENT will be applied to employees equally without regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of membership or non-membership in the UNION. 24.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. . ARTICLE XXV - SEVERABILITY 25. 1 In the event that any provision(s) of this AGREEMENT is declared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. • 25.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the AGREEMENT in compliance with the legislative, administrative or judicial determination. � - 19 - ARTICLE XXVI - WAIVER . 26.1 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 �'i.ght are fully and completely set forth in this AGREEMENT. 26.2 Therefore, the ENIPLOYER 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 AGREEMENT. The UNION and EMPLOYER may, however, mutually agree to modify any provision of this AGREEMENT. ' 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions . of employment, to the extent they are inconsistent with this � AGREEMENT, are hereby superseded. ARTICLE XXVII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625 27.1 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 Committee 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 ount. 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. � - 20 - ��5-��y� ARTICLE XXVIII - DURATION AND PLIDGE � 28.1 This AGREIIKENT shall become effective as of the date of signing, escept as specifically provided otherwise in Articles 12 and 13, and shall remain in effect through the 30th day of April, 1986, and continue in effect from qear to year thereafter unless notice to change or to terminate is given i�n the manner provided in 28.2. ' 28.2 If either party desires to terminate or modify this A(;REII�NT 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 niaety (90) or less than sixty (60) calendar days prior to the eupiration date, provided that the AGREII�NT 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 bq 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 IINION and the employees will not engage in, instigate or condone aay concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work or absent themselves in whole or in part from the full, faithful performance of their duties of employment. � 28.32 The E1�LOYER will not engage in, instigate or condone any lockout of employees. 28.33 This constitutes a tentative AGREEMENT between the parties which will be recommended by the School Board Negotiator, but is subject to the approval of the School Board, the Administration of the City, and is also subject to ratification by the UNION. AGREED to thiso?��day of , 1985, and attested to as the full and complete understanding of the parties for the period of time herein , specified by the signature of the following representatives for the EMPLOYER and the UNION. � WITNESSES: INDEPENDENT SCHOOL DISTRICT N0. 625 UNITID UNION OF ROOFERS, WATERPROOFERS, AND ALLIED WORKERS, LOCAL UNION N0. 96 � � � • Schoo Board Negotia Busine s ager f �.s� , ��,�' ,�vs .e . 8- q-gS Ch irman, Boar of Education - 21 - �-- ��,�� _ � APPENDIX A . The classes of positions recognized by the IIKPLOYER as being exclusively represented by the UNION are as follows: Roofer Foreman Roofer Apprentice and other classes of positions that may be established by the II�LOYER where the duties and responsibilities assigned come within the jurisdiction of the UNION. • • - A1 - � �� i3� � APPENDIR C � The basic hourly wage rate for provisional, regular, and probationary emploqees appointed to the following classes of positions and not receiving the fringe benefits listed in Article 12.2 shall be: Effective April 27, 1985 Roofer. . . . . . . . . . . . . . . . . . . . . . . $ 15.85* Rbofer Foreman. . . . . . . . . . . . . . . . . . . 17.05* The basic hourly wage rate for temporary and emergency employees appointed to the following classes of positions shall be: Effective � April 27, 1985 . Roofer. . . . . . . . . . . . . . . . . . . . . . . $ 16.48* Roofer Foreman. . . . . . . . . . . . . . . . . . . 17.73* Apprentice 0 - 500 hours . . . . . . . . . . . . . . . . 66X of Roofer rate 501 - 1300 hours . . . . . . . . . . . . . . . 701' of Roofer rate 1301 - 2100 hours. . . . . . . . . . . . . . . 80x of Roofer rate 2101- 2900 hours . . . . . . . . . . . . . . . 85y of Roofer rate � 2901 - 3700 hours. . . . . . . . . . . . . . . 90% of Roofer rate 3701 - 4500 hours. . . . . . . . . . . . . . . 95% of Roofer rate The basic hourly wage rate for regular employees appointed to the following class of positions who are receiving the fringe benefits listed in Article 12.2 shall be: Effective April 27, 1985 Roofer. . . . . . . . . . . . . . . . . . . . . . . $ 16.17 If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the above applicable rates ' for participating employees in such a way that the total cost of the package (wage rate plus contributions) remains constant. � *This rate includes the $1.25 taxable vacation contribution. - C1 - / �,1��.�—/.�s�� APPENDIR D • Effective May 1, 1985, the EM1'LOYER shall: (1) contribute $1.27 per hour for all hours worked by participating employees as defined in Articles 1�.3, 12.4, and 12.5 covered by this AGREEMENT, to a UNION-designated Welfare Fund. (2) contribute $ .50 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this AGREEMENT, to a Pension Fund. (3) contribute $1.25 per hour from which payroll deduction has been made for all hours worked by participating employees as ' defined in Articles 12.3, 12.4, and 12.5 covered by this AGREII�IEEIVT, to a Vacation Fund. , (4) contribute $ .10 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this AGREEMENT, to an Apprenticeship Training Fund. (5) contribute $1.40 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this AGREEMENT, to an Annuity Plan. • All contributions made in accordance with this Appendix shall be forwarded to depositories as directed by the UNION. The F,MPLOYER shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota statutes. Participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this AGREEMENT, shall not be eligible for, governed by or accumulate vacation, sick leave, holiday, funeral leave, jury duty or insurance fringe benefits that are or may be established by Civil Service Rules, Council Ordinance or Council Resolution. The EMPLOYER'S fringe benefit obligation to participating employees as defined in Articles 12.3, 12.4, and 12.5 is limited to the contributions and/or deductions established by this AGREEMENT. The actual level of � benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the II�PLOYER has forwarded contributions and/or deductions. • - D1 -