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84-764 WMITE - C�TV CLERK PINK - FINANCE GITY OF SAINT PAUL Council �A/' 1 CANARY - DEPARTMENT File NO. v � `/ �/� BLUE - MAVOR � Cou cil Resolution Presented By ✓ Referred To �J N�N �—� Committee: Date -s'z �f �'� Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul hereby approves a.nd ratifies the attached 1984 Ma.intenaace Labor Agreement betweea the City of Saiat Paul and the Electricians Local 110. Approved: Chairman, Civi Service Commissioa COUIVCILMEN Requested by Department of: Yeas Nays Fletcher Drew [p FBVO[ IlAesenr- Wias�ier' scheibei __ A gai n s t BY Tedesco Wflson Form prove ity Attorney Adopted by Council: Date Certifie •ssed by unc' , cre ry � � BY � By Approve by 1�lav : ate JUN 14 198� Ap o d by Mayor for Submis o to Council �- �� B PUBLISHED ,1UN 2 �3 1984 .� �� y-y�� 1984 MAINTENANCE LABOR AGREEMENT - between - THE CITY OF SAINT PAIJL - and - INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL lI0 ��y 7�� ,, I N D E X ARTICLE TITLE PAGE Preamble iii I Purpose 1 II Recognition 2 III Employer Rights 3 IV Union Rights 4 V Scope of the Agreement 5 VI Probationary Periods 6 VII Philosophy of Employment and Compensation 7 VIII Hours of Work 8 IX Overtime 9 X Call back 10 XI Work Location �,J. XII Wages and Fringe Benefits 12 XIII Selection of Foreman and General Foreman 14 XIV Early Retirement Insurance Benefits 15 XV Holidays 16 XVI Disciplinary Procedures 17 XVII Absences from Work 18 XVIII Seniority 19 XIX Jurisdiction 20 XX Separation and Retirement 21 XXI Tools 22 XXII Grievance Procedure 23, XXIII Right of Subcontract 28 XXIV Non-Discrimination 2g XXV Severability 30 XXVI Waiver 3� XXVII City Mileage Plan 32 XXVIII Maternity �,eave 33 XXIX Severance Pay 34 XXX Duration and Pledge 36 Appendix A A1 Appendix B B� Appendix C C1 Appendix D �� Appendix E E1 Appendix F F1 - ii - , �, ��-7�� PREAI°IBLE This AGREEMENT is entered into between the City of Saint Paul, hereinafter referred to as the EMPLOYER and the International Brotherhood of Electrical Workers, Local 110 hereinafter referred to as the U1vI0N. The EMPLOYER and the UNION concur that this AGREEMENT has as . its objective the promotion of the responsibilities of the City of Saint Pau1 for the benefit of the general public through effective labor-managment cooperation. The EMPLOYER and the UNION both realize that this goal depends not only on the words in the AGREEMENT but rather primarily on at- titudes between people at all le�ols of iesponsibility. Constructive attitudes of the EMPLOYER, the UNION, and the individual employees will best serve the needs of the general public. - iii - � ARTICLE I - PURPOSE r 1.1 The EMPLOYER and the UNION agree that the purpose for entering into this AGREEMENT is to: 1.11 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that , is consistent with the safety and well-being of all _ __ : concerned; 1.12 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the IIrIPLOYER and the UNION; 1.13 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this AGREEMENT without loss of manpower productivity. 1.2 The IIKPLOYER and the UNION agree that thia AGREEMENT serves as a supplement to legislation that creates and direc�s the II�LOYER. If any part of this AGREEMENT is in conf lict 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) . • i � i � i ; E f � i l � - 1 - t � - .� ��-7� � APPENDIX A The classes of positions recognized as being exclusively represented by the UNION are as follows: Electrician--General Foreman Electrician--Foreman Electrician • Lighting Ma.intenance Worker Apprentice Electrician Senior Electrical Inspector Electrical Inspector and otfier classes of positions that may be established by the F.MPLOYER where the scope of the work duties and responsibilities assigned comes within the jurisdiction of �the UNION. - A1 - APPENDIX S . For all normal work weeks established pursuant to the provisions of Article VIII of this contract, which includes Sunday, the following provisions shall apply and govern: 1. All regular electricians employed prior to January l, 1976 shall be offered assignment to the work week on a seniority basis, and all such employees sha11 have the right to refuse , assignment to the workweek. This refusal is sub3ect to the provisions listed below. 2. Al1 regular electricians employed subsequent to January 1, 1976 may be assigned to vacancies in this work week. 3. All regular electricians shall have the right to bid on and obtain assignm.ent of a position occupied by an electrician with lesser class seniority within 30 calendar days from the date that said position was last filled. 4. Any regular electrician ma.y be assigned, on a temporary basis, to the workweek, to replace an electrician who is absent because of vacation, illness, paid m3litary leave, jury duty or any other leave acceptable to both parties. These tem- porary assig�ents shall be made on the basis of seniority and in no instance shall any one employee be required to work on such temporary basis for more than 15 work days or the total temporary assignment to exceed 90 work days. - Bl - CF ��f-y�� APPENDIX C The basic hourly wage rate for provisionai, regular and probationary employees appointed to the following classes of positions who are not covered by the provisions of Article 12.2. Effective 4-28-84 Electrician . . . . . . . . . . . . . . . . $15.91 ' Electrician-Foreman . . . . . . . . . . . . $17.07 Electrician-General Foreman . . . . . . . . $17.84 Electrical Inspector. . . . . . . . . . . . $17.07 Senior Electrical Inspector . . . . . . . . $17.84 Lighting Maintenance Worker (Aired prior to May 2, 1981) . . . . . $11.93 Lighting Maintenance Worker (Hired after May 2, 1981) 0 - 6 months . . 50% of Electrician Rate 7 - 12 months . . 55% of Electrician I�ate 13 - 18 months . . 60% of Electrician Rate 19 - 24 monChs . . 65% of Electrician Rate 25 - 30 months . . 75% of Electrician Ra.te The basic hourly wage rate for temporary and emergency employees appointed to the following classes of positions shall be: Effective 4-28-84 Electrician . . . . . . . . . . . . . . . . $16.55 Electrician-Foreman . . . . . . . s . . . . $1T.75 Electrician-General Foreman . . . . . . . . $18.55 Electrical Inspector. . . . . . . . . . . . $17.75 Senior Electrical Inspector . . . . . . . . $18.55 Lighting Maintenance Worker 0 - 6 months . . 54% of Electrician Rate 7 - 12 months . . SS% of Electrician Rate 13 - 18 months . . 60% of Electrician Rate 19 - 24 months . . 65% of Electrician Rate 25 - 30 months . . 75� of Electrician Rate Apprentice Electrician lst 950 hours. . . 50% of Journeyman Rate 2nd 950 hours. . . 55% of Journeyman Rate 3rd 950 hours. . . 60°6 of Journeyman Rate 4th 950 hours. , . 65% of Journeyman Rate 5th 950 hours. . . 70% of Jourzeyman Rate 6th 950 hours. . . 75% of Journeyman Rate 7th 950 hours. . . 80% of Journeyma.n Rate 8th 950 hours. . . 85y of Journeyinan Rate - Cl - APpENDIX C (continued) The basic hourly wage rate for regular employees appointed to the following classes of positions, who are covered by the provisions of Article 12.2 of this AGREEMENT, shall be: Effect�ve 4-28-84 Electrician . . . . . . . . . . . $16.64 Electrician-Foreman . . . . . . . $17.70 Electrician-General Foreman . . . $18.40 � Electrical Inspector. . . . . . . $17.70 Senior Electrical Inspector . . . $18.40 Apprentice Electrician (Hired prior to March 16,1974) (85% of Electrician . . . . . $14.14 Employees who work on a regularly assigned shift, beginning earlier than 6 a.m. or ending later than 6 p.m., provided that at least five hours of the shift are worked between the hours of 6 p.m. and 6 a.m. , there shall be paid a night differential for the entire shift. Employees who work on a regularly assigned shift, beginning earlier than 6 a.m. or ending later than 6 p.m. , but less than f ive hours of the shift are worked between the hours of 6 p.m. and 6 a.m. , there shall be paid a night differential for the hours worked between the hours of 6 p.m. and 6 a.m. The night differential shall be 5% of the base rate, and shall be paid only �or those night shifts actually worked. - C2 - �.� p��->� � APPENDIX D Effective May 1, 1984, the EMPLOYER shall: (1) Contribute $1.25 per hour for all hours worked by particigating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this Agreement, to a Union designated Health and Welfare Fund. (2) Contribute $ .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 a Union designated Pension Fund. � (3) Contribute $ .09 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this Agreement, to a Union designated Apprenticeship Training Fund. (4) Contribute $ .OS per hour for all hors worked by participating employees as defined in Articles 12.3, 12.4 and I2.5 covered by this Agreement, to a Union designated Seniority Fund. (5) Contribute $ .65 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this Agreement, to a Union designated Reserve Trust Fund. (6) Contribute 3% of the gross wages earned by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this Agreement to the Union�s designated National Employees Benefit Fund (N.E.B.F'.) . (7) Contribute 9�% of a11 wages earned by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this Agreement, ta a Union designated Vacation and Holiday Funu. '�'his contribution is subject to all payroll deductions. (8) 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 Union designai:ed Annuity Fund. (9) Contribute $1.00 per hour for a11 hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this Agreement, to a union designated Flexible Benefit Fund. - D1 - APPENDIX "D" (continued) The EMPLOYER shall establish Worl�►an's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT shall not be eligible for, governed by, or accumulate ' vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance, or Council Resolution. The EMPLOYER'S fringe benefit obligation to participating employees covered by this AGREEMENT, as defined in Articles 12.3, 12.4 and 12.5 is limited solely 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 EMPLOYER has forwarded contributions and/or deductions. - D2 - � �- �� APPENDIX E Pocket Tool Punch and Belt 6" Rule 9" or 10" Aluminum Level 8" Side Cutters Crimping Tool 10" Crescent Wrench Combination Box-Open End Wrenches 3/8" - 3/4" Socket Set of equivalent sizes Co1d Chisel and Center Punch Taps 6/32 - 8/32 - 10/32 - 10/24 - 1/4 20 Tap Wrench File Rasp 12" 1/2 Round and Rat Tail Hack Saw 12" Blade Screw Drivers 4" - 8" - 12" Reg. Slot and 4" and 6" Phillips Flashlight Tester, 600 v. Solenoid Type Combination Square Knife Long Nose Plier Diagonal Cutting Pliars 2 Pair Channel Locks 14" Pipe Wrench or Chain Wrench Allen Wrenches Ha�ner, Ba11 Peen . - El - APPENDIX E (CONTINUED) Scratch Aw1 Drills - in accordance with Tap sizes 9/32 and 3/8 Fuse Puller Angle Screw Driver Tool Box to hold the above tools • The EMPLOYER shall furnish all other necessary tools or equipment. Employees will be held responsible for tools or equipment issued to them, providing the EMPLOYER furnishes the necessary lockers, "gang box" or other safe place for storage. The EMPLOYER sha11 replace with similar tools af equal value and quality any of the above listed tools which are turned in by an employee which are no longer serviceable because of wear or breakage, providing the employee has been employed for nine (9) continuous months or more. - E2 - � � �,= y�� ARTICLE II - RECOGNITION 2.I 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-477-A dated April 16, 1973. � 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. - 2 - ARTICLE III - EMPLOYER RIGHTS 3.1 The EMPLOYER retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization o£ technology; to establish and modify the organizat3onal structure; to select, direct, and determine the number of personnel; and to � perform any inherent managerial function not specifically limited by this AGREEMENT. 3.2 Any "term or condition of employment" not established by this AGREEMENT shall remain with the EMPLOYER to eliminate, modify, or establish following written notification to the UNION. - 3 - . � �� 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 sha11 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 clai.ms or charges made against the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 The UNION may �esignate one (1) employee from the bargaining unit in each department to 'act as a Steward and shall inform the EMPLOYER in writing of such designation. Such employee shall have the rights and respqnsibilities as designated in Article 22 (GRIEVANCE PROCEDURE) . 4.3 Upon notification to a designated EMPLOYER supervisor, the Business Manager of the UNIOlv', or his designated representative shal'1 be permitted to enter the facilities of th.e EMPLOYFR where employees covered by this AGREEMENT are working. - 4 - ARTICLE V - SCOPE OF THE AGREEMENT 5.1 This AGREEMENT established the "terms and conditions of employmerit" defined by M.S. 179.63, Subd. 18 for all employees exclusively represented by the UNION. This AGREEMENT shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. � - 5 - . �,r- py`7� S� ARTICLE VI - PRO$ATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a (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.IZ At any time during the probationary period an empZoyee may be terminated at the discretion of the EMPLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE) . . 6.12 An employee terminated during the probationary period shall receive a written aotice of the reason(s) for such termin�tion, a copy of which shall be sent to the UI3ION. 6.2 All personnel promoted to a higher class a£ positions shaZl 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 shal.l be evaluated. 6.21 At any time during the promotional probationary period an employee may be demoted to the emgloyee's previously held class of poaitions at the discretion o£ the EMPLOYER without appeal to the provisions af Article 22 (GRIEVANCE PROCEDURE} . 6.22 An employee demoted during the promotional probationary period shall be returned to the emploXee�s previously held class of positions and � sha3.1 receive a written notice of the reasons for demotions, a copy of which shall be sent to the UNION. - 6 - ARTICLE VII - PHILOSOPHY OF EMPLOYMENT AND COAiPENSATION 7.1 The EMPLOYER and the UNION are in full agreement that the philosophy of employment and compensation shall be a "cash" hourly wage and "industry" fringe benefit system. 7.2 The EMPLOYER shall compensate employees for all hours worked , at the basic hourly wage rate and hourly fringe benefit rate as found in Article 12 (WAGES AND FRINGE BENEFITS) . 7.3 No other compensation or fringe benef it shall be accumulated or earned by an employee except as specifically provided for in this AGREEMENT; except those employees who have individually optioned to be "grandfathered" as provided by 12.2. _ 7 _ ARTICLE VIII - HOURS OF �IORK G�r- ��-��y � 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period. 8.2 TEie normal work week shall be five (5) consecuti�e normal work days in any seven (7) day period. 8.3 Shifts other than the regular aayt�e shift Monday through Friday may be established. Such shifts must be maintained for a period of at least one (I) work week. The second shift shall be a regularly scheduled shift which follows a regularly scheduled first shift of five (5) hours or greater. The third shift shall be a regularly scheduled shift which follows a regularly scheduled second shift of f ive (5) hours or greater. 8.4 For employees on a shift basis, this shall be construed to mean an average of forty (40) hours a week. 8.5 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. 8.6 An employee normally working on a particular shif t may be transferred f rom that shift to another shift upon one week�s notice; provided, however, that in +-.He event of a vacancy, an employee may be assigned to another shift to fill such vacancy upon 24 hours' notice. � 8.7 All employees shall be at the work location designated by their supervisor, ready for work; at the established starting tinie and sha11 remain at an assigned work location until the end of rhe establ.ished work �ay unless otherwise directed by their supervisor. 8.8 All employees are sub�ect to call-back by the EMPLOYER as provided by Article 10 (CALL BACK) . � 8.9 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 le�ving home; or during the previous work day. $.10 The employer shall be required to give no less than six and one-half (6�) hours notice, when an employee is to be laid off. - 8 - ARTICLE IX - OVERTIME 9.1 All overtime compensated for by the EMPLOYER must receive prior authorization from a designated EMPLOYER supervisor. No overtime work claim �aill be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance approval has ' been obtained. - � 9.2 The overtime rate of one and one-half (1�) the basic hourly rate shall be paid for work performed under the following circumstances: 9.21 Time worked in excess of eight (8} hours in any one normal work day and 9.22 Time worked on a sixth (6th) day fallowing a normal work week. 9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the following circumstances: 9.31 � Time worked on a holiday as defined in Article 16 (HOLIDAYS) ; 9.32 Time worked on a seventh (7th) day following a normal work week; and � 9.33 Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided, that all "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-hal.f (1'�) . 9.4 For the purposes of calculating overtime compensation overtime hours worked. shall not be "pyramided", 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 in compensatory time. The basis on which overtime shall be paid shall be determined solely by the EMPLOXERF Compensatory time off must be approved by the EMPLOYER. _ 9 - � Py-y�5� ARTICLE X - CALL BACK 10.1 The EMPLOYER retains the right to ca11 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 narmal 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 mini.mum estab2ished by I0.2 above. I0.4 F�ployees called back four (4) hours or less prior �o their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (QVIItTIME). - 10 - ARTICLE XI - WORK LOCATION 11.1 Employees shall report to work location as assigned by a designated EMPLOYER supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the EMPLOYER. 11.2 Employees assigned to work locations during the normal work day, � other than their original assignment, and who are required to � furnish their own transportation shall be compensated for mileage. - 11 - : � �� ARTICLE XII - WAGES AND FRINGE BENEFITS . 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 all other provisions of the AGREEMENT, hut shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12.7 (FRINGE BENEFITS). I2a21 Insurance benefits as established by the City of Saint Paul. 12.22 Sick Leave as established by Resolution No. 3250, Section 20. 12.23 In ea.ch calendar year, each full-time employee who is eligible for vacation shall be granted vacation according to the following schedule: Years of Service Vacation Granted Less than S years 15 days Af ter �5 years thru 15 years 20 days After 15 years and thereafter 25 days Employees who work less than full-ti.m� Ghall be granted vacation on a pro rata basis. The above provisions of vacation sha11 be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 12.24 Nine (9) legal holidays as establi�hed by the Saint Paul Salary Plan and Rates of Compensation, Section 1, Subdivision I. 12�25 Severance benef its as established by Ordinance No. 11490 with a maximum payment of $4,000 or as established by Article 29 of this Agreement. 12.3 Regular employee$ covered by the Fringe Benefits in 12.2 shall have the right to transfer from this coverage. Employees requesting such transfer shall be considered participating employees and will no longer be c.overed by the fringe benefits in IZ.2 but shall be covered by 12.4. - 12 - ARTICLE XII - WAGES AND FRINGE BENEFITS (continued) 12.4 Regular employees not covered by the fringe benefits listed in � Article 12.2 shall be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (41AGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12.7. 12.5 Provisional, temporary, and emergency employees shall be considered, � for the purposes of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions ma.de in their behalf as provided for by Article 12.7. 12.6 All regular employees employed in a title in this bargaining unit after February 15, 1974, shall be considered, for the purpose of this AGREENIENT, 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 hy Article 12.7. Employees who promote, transfer or reduce to any title in this bargaining unit from any title which is not in this bargaining unit shall not be allowed to use any accumulated sick leave credits while they are in such title. If the employee promotes, transfers or reduces to any title which is not in this bargaining unit and if sick leave is allowed under the new title, the accumulated sick leave the employee had at the time such employee became a member of this bargaining unit shall be reinstated. 12.7 The EMPLOYER shall make contributions on behalf of and/or make deductions from the wages of employees covered by this AGREEMENT in accordance with Appendix D for all hours worked. - 13 - . �P�-��t� ARTICLE XIII - SELECTION OF FOREMAN AND GENERAL FOREMAN 13.1 The selection of personnel for the class of positions Electrician-- General Foreman and Foreman shall remain solely with the EMPLOYER. 13.2 The class of positions Electrician--General Foreman and Foreman shall be filled by employees of the bargaining unit on a "temporary assigmnent". 13.3 All "temporary assignments" shall be made only at the direction of a designa.ted EMPLOYER supervisor. 13.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) norma.l work day. , . - 14 - ARTICLE XIV - EARLY RETIREMENT INSURANCE BENEFITS 14.1 For those employees that are covered by the Fringe Benef its - Article 12, the EMPLOYER will provide life, hospital and medical insurance for early retirees who have retired since July 24, 1974, in the same proportionate amounts of premium as provided by EMPLOYER for active employees. ' 14.2 In order to be eligible for the benef its under this early retiree provision, the employees must: 14.21 Be receiving benef its from a public employee retirement act at the time of retirement. 14.22 Iiave severed his relationship with the City of Saint Paul under one of the early retiree plans. 14.33 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early retirement date that he or sl�e wishes to be eligible for early retiree insurance benefits. 14.3 Notwithstanding any provision of this Article to the contrary, EMPLOYER premium payments on behalf of early retirees shall commence June 1, 197%, and shall not be interpreted to apply retroactively or act in reimbursement. 14.4 Any obligation of the EMPLOYER to an early retiree as defined herein shall cease when such early retiree reaches age sixty-five (65) . - 15 - . ARTICLE XV - HOLIDAYS ��o� 15. 1 The following nine (9) days shall be designated as holidays: New Year's Day, January 1 Presidents' Day, third Monday in February Memorial Day, Iast Monday in May Independence Day, July 4 Labor Day, f irst Monday in September Columbus Day, second Monday in October Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 15.2 When New Year�s Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3} holidays falls on a Saturday, the preceding Friday shall be considered the designated fioliday. For those employees assigned to a work week other than Monday through Friday, these three holidays shall be observed on the calendar date of the holiday. 15.3 The nine (9) holidays sha11 be considered non-work days. 15.4 If, in the judgment of the EMPLOYER, personnel are necessary for operating or_ emergency reasons, employees may be scheduled or "called back" in accardance with Article 10 (CALL SACK3 . 15.5 Employees covered by the Fringe Benefits in 12.2 and 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 F�mployees not covered by the Fringe Senefits in 12.2 and assigned to work on 7Presidents` Dayx Columbus Day or Veterans' Day shall be compensated on a straight time basis for such hours worked. 15.7 Employees not covered by the Fringe Benefits in 12.2 and assigned to work on hew YearTs Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, or Christmas Aay shall be compensated at a rate of two (2) times the basic hourly rate for such hours worked. 15.8 The day after Thanksgiving Day and the day before Christmas Day shall be considered work days. Al1 employees working on these days shall be compensated on a straight time basis. - 16 - ARTICLE XVI - DISCIPLINARY PROCIDURES 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 include only the following actions: 16.2I 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 designa.ted Board of Review, shall be the sole and exclusive means :,� �•�viewing 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) . - 17 - . . �r��-7�� ' ARTICLE XVII - ABSENCES FROrI 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 notif ication for three (3) consecutive normal work days may be considered a "quit" by the EMPLOYER on the part of the employee. - 18 - , , _, :�_._,_ __ ARTICLE XVIII - SENIOFITY ' 18.1 Seniority, for the purposes of this AGREEMENT, shall be defined as follows: 18.11 "Ma.ster 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. 18.12 "Class Seniority" - the length of continuous regular • and probationary service with the F.MPLOYER from the date an employee was first appointed to a class title covered by this AGREEMENT. 18.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a l�ave 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 ,+nr.lassified service of the EMPLOYER or ta an elected or appointed fulltime 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 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." Recall from layoff shall be inverse order of layoff, except that recall rights shall expire after two years of layoff. 18.5 The selection of vacation periods shall be ma.de by class title based on length of "Class Seniority", subject to the approval of the EMPLOYER. - 19 - �,= �y- y�y � 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 EMPLQYER. 19.2 The EMPLOYIIt 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�iPLOYER shall meet as soon as mutually possibl.e to resolve the dispute. Nothing in the foregoing shall restrict the right of the EMPLOYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the EMPLOYER's basic right to assign work. 19.4 .Any employee refusing�to perform work assigned by the EMPLOYER and as clarified by Sections 19.2 and 14.3 above shal.l be sub,ject to disciplinary action as provided in Article 16 (DISCIPLINARY PROCIDURES) . 19.S There shall be no work stoppage, slow down, or any disruption nf work resulting from a work assignment. - 20 - ARTICLE XX - SEPARATION AND RETIREMENT � 20.1 Employees having a probationary or regular employment status shall be considered separated from 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 Retirement. All employees shall retire from employment with the EMPLOYER no later than the last calendar day of the month in which an employee becomes seventy years o1d. 20.13 Discharge. As provided in Article 16. 20.14 Failure to Report for Duty. As provided for in Article 17. 20.2 Employees having an emergency, temporary, or provisional employment status may be terminated at the discretior. of the EMPLOYER before the completion of a normal work day. _ - 21 - ARTICLE XXII - GRIEVANCE PROCEDURE � 22.1 The EMPLOYIIt 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 EMPLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hvurs 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 tn the work programs of the EMPLOYER. 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 fo.11owin�; procedure: Step 1. Upon the occurrence of an alleged violation of this AGREEMEP:T, the employee involved shall attempt to resolve the matter on an informal basis with the - 23 - , ARTICLE XXII - GRIEVANCE PROCEDURE (CONTINUED) J�-- ��7�� ' 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 sections(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 f irst occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated EMPLOYER supervisor shall meet with the UNION Steward and attempt to resolve *_hP grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UNION within three (3) calendar days following this meeting. The UNION may refer the �rievance in writing to Step 3 within seven (7) calendar da3•s following receipt of the EMPLOYER`s written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMPLOYER's answer shall be considered waived. - 24 - ARTICLE XXII - GRIEVANCE PROCEDURE (CONTI�''[JED) , 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 ref er 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 II�iPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relations Board to submit a - 25 - � ��-�� , ARTICLE XXII - GRIEVANCE PROCIDURE (CONTINUED) panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The Union shall strike the first (lst) name; the F�IPLOYER sha11 then strike one (1) name. The process wi11 be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have nQ right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way thz application of laws, rules, or regulations having the force and e�FPct of law. The arbitrator's decision sha11 be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decisioa 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. - 26 - 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 arbitrators 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 ti.me limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. - 27 - . 1(�-�`�7�f� ARTICLE XXIII - RIGHT 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 sub-contract. 23.2 The sub-contracting 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. - 28 - ARTICLE XXIV - NON-DISCRIMINATION � 24.1 The terms and conditions of this AGREEMENT will be appZied 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 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. . - 29 - � ��y�� ' 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 n.o appeal is taken, such provision(s) shall be voided. Al1 other provisions shall continue in full force and effect. . 25.2 The parties agree to, upon written notice, enter into negotiations to place the vo�.ded provisions of the AGREEMENT in compliance with the legislative, administrative, or judicial determination. - 3f} - 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 right are fully and completely set torth in this AGREEMENT. 26.2 Therefore, the EMPLOYER and the UNION for the duration of this AGREEMENT agree that the other party shall not be obligated to meet and negotiate over any term or conditions of employment whether specifically covered or not specifically covered by this AGREEMENT. The UNION and EMPLOYER may, however, mutually agree to modify any provision of this AGREEMENT. 26.3 Any and all prior ordinances, agreements, res�?.��tions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with tlzis AGREEMENT, are hereby superseded. - 31 - . �,�=��-y�� ARTICLE XXVII - CITY MILEAGE 27.I Automobile Reimbursement Authorize�: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 27.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $3.00 per day for each day the employeeTs vehicle is actually used in performing the duties of the employee`s position. In addition, the employee shall be reimbursed 15� per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reim- bursed at the rate of 15� per mile driven and shall not be eligible for any per diem. pe 2. If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reimbursed at the rate of $3.0� per day for each day of work. In addition, the employee shall. be reimbursed 15� per mile for each mile actually driven. If such employee is required to drive an autozaohile during employment and the department head or designated repre�entative determines that an employer vehicle is available for the employee's use but the employee desires ta use his/her own automobile, then the employee shall be reim- bursed at the rate of 15� per mile driven and shall not be eligible for any per diem. 27.3 The City wi11 provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his or her own persona.l car available. 27.4 Rules and Reg�lations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,Q00 for personal in,jury, and $25,000 for property damage, or liability insurance in amounts not less than $300,OOQ single limit coverage, with the City of Saint Paul named as an additional insured. T'Eiese rules and regulations, together with the amendment thereto, shall be maintained on file with the city clerk. - 32 _ ARTICLE XXVIII - MATERNITY LEAVE 28.1 Maternity Leave. Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave � without pay at any time during the period stated above and the employer may approve such leave at its option, and such leave may be no longer than one (1) year. - 33 - . � C�,�-�-7�� ARTICLE XXIX - SEVERANCE PAY 29.1 The employer shall provide a severance pay program as set forth in this Article. 29.2 To be eligible for the severance pay progra.�, an employee must meet the following requirements: 29.21 T'he employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions ' of the Public Employees Retirement Association (PERA) . The "rule of 90" criteria shall also apply to employees covered by a public pension plan other than PERA. 29.22 The employee must be voluntarily separated from City employment or have been sub�ect to separation by lay-off 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. 29.23 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.. 29.24 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 i�..�.ms to reinstatement or reemployment (of any type) , with the City or with Independent School District No. 625. 29.25 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 29�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 one-hal� 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. 29.4 The maximum, amount of money that any employee may obtain t��rough this severance pay program is $6,500. - 34 - ARTICLE XXIX - SEVERANCE PAY (cont.) � 29.5 For the Purpose of this severance 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 will be made to the employeets estate or spouse. � 29.6 For the purpose of this severance program, a transfer from the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 29.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 29.8 This severance pay program shall be subject to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance 3nd in such cases, the provisions of this article shall control. 29.9 TEie provisions of this article shall be effective as of Ma.q 1, 1984. 29.10 A�ny employee hired prior to February 15, 1974 may, i.n any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this article or the ordinance shall constitute a bar to receiving severance pay from the other. - 35 - . ��''�7�1` ARTICLE XXX - DURATION AND PLIDGE 30.1 This agreement shall become effective as of May 1, 1984, and shall remain in effect through the 30th day of April, 1985, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 30.2. 30.2 If either party desires to terminate or modify this AGREEMENT, effective as of the date of expiration, the party wishing to modify or terminate the AGREEMENT shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided, that the AGREEMENT may only be so terminated or modified effective as of the expiration date. 30.3 In consideration of the terms and conditions of employment established by this AGREEMENT and the recognition that the GRIEVANCE PROCIDURE herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the AGREEMENT: 30.31 The UNION and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves fram work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment. - 36 - ARTICLE XXX - DURATION AND PLIDGE (continued) 30.32 The EMPLOYER will not engage in, instigate, or condone any lock-out of employees. 30.33 This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City and is also sub�ect to ratification by the UNION. AGREID to this 26th day of April, 1984, and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representative from the EMPLOYER and the UNION. WITNESSES: INTERNATIONAL BROTHERHOOD OF CITY OF SAINT PAUL ELECTRICAL WORKERS, LOCAL 110 " � L BY: abor atio D rector Busine s Manager �� BY: BY: Civil Service Commission - 37 - : �� APPENDIX F WORKING CO1�ID ITIONS FOR SENIOR ELECTRICAL INSPECTORS AND ELECTRICAL INSPECTORS As a result of the 1974 settlement, the Parties have established • craft-determined rates for Senior Electrical Inspectors and for Electrical Inspectors, with the specific understanding that such agreement is restricted to establishing rates of pay for such clas- sifications. It is, consequently, agreed that the Employer in applying Article III - EMPLOYER RIGHTS - of the MAINTENANCE LABOR AGREEMENT, shall have the right to operate the Department in the same manner as heretofore, with management rights una.ffected, and that the establishment of separate rates for these classifications as well as for Inspector cla5sifications in other Bargaining Units, may not result in disputes over assignments or over rates of pay for work performed, nor wi�l any jurisdictional clauns or restrictions be asserted by the Union because members of various Inspector classifications are assigned to � work which is also performed by other Inspector classifications. - F1 - '+ WMIT'e — CITV CLERK PINK — FINANGE G I TY O F SA I NT PA U L Council /q/ �/ CANARY — DEPARTMENT File NO• u �_ • �� BLUE — MpVOR � CITY CLERK Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1984 Mainteaance Labor Agreement between the City of Saint Paul and the Electricians Local 110. Approved: Chairman, Civil Service Commissioa COUNCILMEN Requested by Department of: Yeas Nays Fletcher o"'" In Favor pFRSONNEL OFFICE Masanz Nicosfa s�M��s� Against BY Tedssco Wllson Form Approved by City Attorney Adopted by Council: Date CertiEied Passed by Council Secretary BY gl, A►pproved by Mavor: Date Approved by Mayor for Submission to Council By By . � . � ��-y�� 1984 MAINTENANCE LABOR AGREEMENT - between - THE CITY OF SAINT PAiJL - and - INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL lI0 . . ��,�-�� I N D E X ARTICLE TITLE PAGE Preamble iii I Purpose 1 II Recognition 2 III gnployer Rights 3 IV Union Rights q V Scope of the Agreement 5 VI Probationary Periods 6 � VII Philosophy of Employment and Compensation 7 VIII Hours of Work g IX Overtime 9 X Call back 10 XI Work Location 1� XII Wages and Fringe Benefits 12 XIII Selection of Foreman and General Foreman 14 XIV Early Retirement Insurance Benefits 15 XV Holidays 16 XVZ Disciplinary Procedures 17 XVII Absences from Work ig XVIII Seniority lg XIX Jurisdiction 20 XX Separation and Retirement 21 XXI Tools 22 XXII Grievance Procedure 23 XXIII Right of Subcontract 28 XXIV Non-Discrimination 29 XXV Severability 30 XXVI Waiver 31 XXVII City Mileage Plan 32 XXVIII Maternity �.eave 33 XXIX Severance Pay 34 XXX Duration and Pledge 36 Appendix A A1 Appendix B g� Appendix C C1 Appendi.x D Dl Appendix E E1 Appendix F F1 - ii - . , � � G�=y`�-7�� PREAMBLE This AGREEMENT is entered into between the City of Saint Paul, hereinafter referred to as the EMPLOYER and the International Brotherhood of Electrical Workers, Local 110 hereinafter referred to as the UNION. The EMPLOYER and the UNION concur that this AGREEMENT has as . its objective the promotion of the responsibilities of the City of Saint Paul for the benef it of the general public through effective labor-managment cooperation. The EMPLOYER and the UNION both realize that this goal depends not only on the words in the AGREFa4ENT but rather primarily on at- titudes between people at all levels of iesponsibility. Constructive attitudes of the EMPLOYER, the UNION, and the individual employees will best serve the needs of the general public. - iii - � ARTICLE I - PURPOSE 1.1 The EMPLOYER and the UNION agree that the purpose for entering into this AGREEMENT is to: 1.ZI Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that , is consistent with the safety and well-being of all . : concerned; 1.12 Set f orth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the IIKPLOYER and the UIvION; 1.13 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this AGREEMENT without loss of manpower productivity. 1.2 The IIriPLOYER and the UNION agree that this AG:tEEMENT serves as a supplement to legislation that creates and dire:.:s the II�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) . • - 1 - � � . . � �- �� y�y APPENDIX A The classes of positions recognized as being exclusively represented by the UNION are as follows: Electrician--General Foreman Electrician--Foreman Electrician • Lighting Maintenance Worker Apprentice Electrician Senior Electrical Inspector Electrical Inspector and other classes of positions that may be established by the EMPLOYER where the scope of the work duties and responsibilities assigned comes within the jurisdiction of •the UNION. - A1 - APPENDIX B For all normal work weeks established pursuant to the provisions of Article VIII of this contract, which includes Sunday, the following provisions shall apply and govern: 1. AlI regular electricians employed prior to January 1, 1976 shall be offered assignment to the work week on a seniority basis, and all such employees shall have the right to refuse , assignment to the workweek. This refusal is sub�ect to the provisions listed below. 2. All regular electricians employed subsequent to January 1, 1976 may be assigned to vacancies in this work week. 3. All regular electricians shall have the right to bid on and obtain assignment of a position occupied by an electrician with lesser class seniority within 30 calendar days from the date that said position was last filled. 4. Any regular electrician may be assigned, on a temporary basis, to the workweek, to replace an electrician who is absent because of vacation, illness, paid military leave, jury duty or any other leave acceptable to both parties. These tem- porary assig�►ents shall be made on the basis of seniority and in no instance shall any one employee be required to work on such temporary basis for more than 15 work days or the total temporary assig�ment to exceed 90 work days. - B1 - . .:__�., , - -----�..�__.- .._..__�__ � _ ._ _ _.. .. _.___ _ . r ......_....�...... �..._. .. - �— . . � � ��y�-y�s� APPENDIX C The basic hourly wage rate for provisionai, regular and probationary employees appointed to the following classes of positions who are not covered by the provisions of Article 12.2. Effective 4-28-84 Electrician . . . . . . . . . . . . . . . . $15.91 � Electrician-Foreman . . . . . . . . . . . . $17.07 Electrician-General Foreman . . . . . . . . $17.84 Electrical Inspector. . . . . . . . . . . . $17.07 Senior Electrical Inspector . . . . . . . . $17.84 Lighting Maintenance Worker (Hired prior to May 2, 1981) . . . . . $I1.93 Lighting Maintenance Worker (Hired after May 2, 1981) 0 - 6 months . . 50°6 of Electrician Rate 7 - 12 months . . 55% of Electrician Rate 13 - 18 months . . 60% of Electrician Rate 19 - 24 months . . 65% of Electrician Rate 25 - 30 months . . 75y of Electrician Rate The basic hourly wage rate for temporary and emergency employees appointed to the following classes of positions shall be: Effective 4-28-84 Electrician . . . . . . . . . . . . . . . . $16.55 Electrician-Foreman . . . . . . . . . . . . $17.75 Electrician-General Foreman . . . . . . . . $18.55 Electrical Inspector. . . . . . . . . . . . $17.75 Senior Electrical Inspector . . . . . . . . $18.55 Lighting Maintenance Worker 0 - 6 months . . 50y of Electrician Rate 7 - 12 months . . 55% of Electrician Rate 13 - 18 months . . 60% of Electrician Rate 19 - 24 months . . 65% of Electrician Rate 25 - 30 months . . 75X of Electrician Rate Apprentice Electrician lst 950 hours. . . 50� of Journeyman Rate 2nd 950 hours. . . 55� of Journeyman Rate 3rd 950 hours. . . 60°6 of Journeyma.n Rate 4th 950 hours. . . 65% of Journeyman Rate 5th 950 hours. . . 70% of Journeyman Rate 6th 950 hours. . . 75% of Journeyman Rate 7th 950 hours. . . 80% of Journeyma.n Rate 8th 950 hours. . . 85% of Journeyman Rate - Cl - APPENDIX C (continued) The basic hourly wage rate for regular employees appointed to the following classes of positions, who are covered by the provisions of Article 12.2 of this AGREEMENT, shall be: Effect�ve 4-28-84 Electrician . . . . . . . . . . . $16.64 Electrician-Foreman . . . . . . . $17.70 Electrician-General Foreman . . . $18.40 • Electrical Inspector. . . . . . . $17.70 Senior Electrical Inspector . . . $18.40 Apprentice Electrician (Hired prior to March 16,1974) (85% of Electrician . . . . . $14.14 Employees who work on a regularly assigned shift, beginning earlier than 6 a.m. or ending later than 6 p.m. , provided that at least five hours of the shift are worked between the hours of 6 p.m. and 6 a.m., there shall be paid a night differential for the entire shift. Employees who work on a regularly assigned shift, beginning earlier than 6 a.m. or ending later than 6 p.m. , but less than f ive hours of the shift are worked between the hours of 6 p.m. and 6 a.m. , ttiere shall be paid a night differential for the hours worked between the hours of 6 p.m. and 6 a.m. The night differential shall be 5� of the base rate, and shall be paid only for those night shifts actually worked. - C2 - � . , � � �� -7�� APPENDIX D Effective May 1, 1984, the EMPLOYER shall: (1) Contribute $1.25 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this Agreement, to a Union designated Health and Ldelfare Fund. (2) Contribute $ .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 a Union designated Pension Fund. (3) Contribute $ .09 per hour for all hours worked by participating employees as def ined in Articles 12.3, 12.4 and 12.5 covered by this Agreement, to a Union designated Apprenticeship Training Fund. (4) Contribute $ .05 per hour for all hors worked by participating employees as def ined in Articles I2.3, 12.4 and I2.5 covered by this Agreement, to a Union designated Seniority Fund. (5) Contribute $ .65 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this Agreement, to a Union designated Reserve Trust Fund. (6) Contribute 3� of the gross wages earned by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this Agreement to the Union's designated National Employees Benefit Fund (N.E.B.F.) . (7) Contribute 9�% of all wages earned by participating employees as defined in Articles 12.3, 12.4 and 12.5 covered by this Agreement, ta a Union designated Vacation and Holiday Fund. This contribution is subject to all payroll deductions. (8) 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 IInion designated Annuity Fund. (9) Cc+ntribute $1.00 per hour for a11 hours worked by participati.ng employees as defined in Articles 12.3, 12.4 and 12.5 covered by this Agreement, to a Union designated Flexible Benefit Fund. - Dl - APPENDIX "D" (continued) The EMPLOYER shall establish Worl�an's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees as defined in Articles 12,3, 12.4 and 12.5 covered by this AGREEMENT shall not be eligible for, governed by, or accumulate ' vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance, or Council Resolution. The EMPLOYER'S fringe benefit obligation to participating employees covered by this AGREEMIIJT, as defined in Articles 12.3, 12.4 and 12.5 is limited solelq to the contributions and/or deductions established by this AGREEMENT. The actua]. level of benefits provided to employees shall be the responsibility of the trustees of the various funds to which the EMPLOYER has forwarded contributions and/or deductions. - D2 - . . �,��-7�� APPEI�'DIX E Pocket Tool Punch and Belt 6" Rule 9" or 10" Aluminum Level 8" Side Cutters Crimping Tool 10" Crescent Wrench Combination Box-Open End Wrenches 3/8" - 3/4" Socket Set of equivalent sizes Cold Chisel and Center Punch Taps 6/32 - 8/32 - 10/32 - 10/24 - 1/4 20 Tap Wrench File Rasp 12" I/2 Round and Rat Tail Hack Saw 12" Blade Screw Drivers 4" - 8" - 12" Reg. Slot and 4" and 6" Phillips Flashlight Tester, 600 v. Solenoid Type Combination Square Knife Long Nose Plier Diagonal Cutting Pliers 2 Pair Channel Locks 14" Pipe Wrench or Chain Wrench Allen Wrenches Has�ner, Ba11.Peen . - El - APPENDIX E (CONTINUED) Scratch Awl Drills - in accordance with Tap sizes 9/32 and 3/8 Fuse Puller Angle Screw Driver Tool Box to hold the above tools . The EMPLOYER shall furnish all other necessary tools or equipment. Employees will be held responsible for tools or equipment issued to them, providing the EMPLOYIIt furnishes the necessary lockers, "gang box" or other safe place for storage. The EMPLOYER shall replace with similar tools of equal value and quality any of the above listed tools which are turned in by an employee which are no longer serviceable because of wear or breakage, providing the employee has been employed for nine (9) continuous months or more. - E2 - ' ' (%/"�7 ��1` ARTICLE II - RECOGNITION 2.1 The EMPLOYER recognizes the UNIOh 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-477-A dated April I6, 1973. � 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. - 2 - ARTICLE III - EMPLOYER RIGHTS 3.1 The EMPLOYER retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to • perform any inherent managerial function not specifically limited by this AGREEMENT. 3.2 Any "term or condition of employment" not established by this AGREEMENT shall remain with the EMPLOYER to eliminate, modify, or establish following written notification to the UNION. - 3 - � � , , �. �y-7�f� 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 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 EMPLOYER from any and all claims or charges made , against the F.MPLOYER as a result of the implementation of this ARTICLE. 4.2 The UNION may designate one (1) employee from the bargaining unit in each department to'act as a Steward and shall. inform the E1�LOYER in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 22 (GRIEVAi�Ii:E PROCEDURE) . 4.3 Upon notification to a designated EMPLOYER supervisor, the Business Manager of the UNION, or his designated representative shal�. be permitted to enter the facilities of the II�PLOYRR where empl.oyees covered by this AGREEMENT are working. - 4 - ARTICLE V - SCOPE OF THE AGREEMENT 5.1 This AGREEMENT established the "terms and conditions of employment" defined by M.S. 179.63, Subd. 18 for all employees exclusively represented by the UNION. This AGREEMENT shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. � - 5 - � � � � ��-�� ARTICLE VI - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a (6) month's probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. � 6.11 At any time during the probationary period an employee may be terminated at the discretion of the EMPLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE) . . 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termin�tion, a copy of which shall be sent to the UNION. 6.2 A1.1 personnel promoted to a higher class o£ 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 sha11 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 positians at the discretion of the EMPLOYER 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 � s�all receive a written notice of the reasons for demotions, a copy of which shall be sent to the UNION. - 6 - ARTICLE VII - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The EMPLOYER and the UNION are in full agreement that the philosophy of employment and compensation shall be a "cash" hourly wage and "industry" fringe benefit system. 7.2 The EMPLOYER shall compensate employees for all hours worked . at the basic hourly wage rate and hourly fringe benefit rate as found in Article 12 (WAGES AND FRINGE BENEFITS) . 7.3 No other compensation or fringe benef it shall be accumulated or earned by an employee except as specifically provided for in this AGREEMENT; except those employees who have individually optioned to be "grandfathered" as provided by 12.2. - 7 - � ARTICLE VIII - HOURS OF L�IORK ��/�!_�Gl� 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 in any seven (7) day period. 8.3 Shifts other than the regular daytime shift Monday through Friday may be established. Such shifts must be maintained for a period of at least one (I) work week. The second shift shall be a regularly scheduled shift which follows a regularly scheduled first shift of five (5) hours or greater. The third shift shall be a regularly scheduled shift which f ollows a regularly scheduled second shift of f ive (5) hours or greater. 8.4 For employees on a ahift basis, this shall be construed to mean an average of forty (40) hours a week. 8.5 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. 8.6 An employee normally working on a particular shif t may be transferred f rom that shift to another shift upon one week's notice; provided, however, that in *he event of a vacancy, an employee may be assigned to another shift to fill such vacancy upon 24 hours' notice. � 8.7 All employees shall be at the work location designated by their supervisor, ready for work, at the established starting tinie and shall remain at an assigned work locatiqn until the end of the established work day unless otherwise directed by their supervisor. 8.8 All employees are sub�ect to call-back by the EMPLOYER as provided by Article 10 (CALL BACK) . � II.9 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. $.10 The employer shall be required to give no less than six and one-half ((�) hours notice, when an employe� is to be laid off. - 8 - ARTICLE I}� - OVERTIME 9.1 All overtime compensated for by the EMPLOYER must receive prior authorization from a designated EMPLOYER supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance approval has ' been obtained. � 9.2 The overtime rate of one and one-half (1�) the basic hourly rate shall be paid for work performed under the following circumstances: 9.21 Time worked in excess of eight (8) hours in any one normal work day and 9.22 Time worked on a sixth (6th) day following a normal work weeke 9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the following circumstances: 9.31 � Time worked on a holiday as defined in Article 16 (SOLIDAYS); 9.32 Time worked on a seventh (7th) day following a normal work week; and 9.33 Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided, that all "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-ha�f (1'�) . 9.4 For the purposes of calculating overtime compensation overtime hours worked shall aot be "pyramided", 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 in compensatory time. The basis on which overtime shall be paid shall be determined solely by the EMPLOXER. Compensatory time off must be approved by the EMPLOYER. - 9 - . ��y-7�� 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 narmal work week and after an employee has completed a normal work day or normal work week. 10.2 Employees calZed 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 minimum established by 10.2 above. 10.4 Employees called back four (4) hours or Iess prior to their normal work day shall camplete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVIItTIME). - 10 - ARTICLE XI - WORK LOCATION 11.1 Employees shall report to work location as assigned by a designated EMPLOYER supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the EMPLOYER. 11.2 Employees assigned to work locations during the normal work day, � other than their original assignment, and who are required to - f urnish their own transportation shall be compensated for mileage. - 11 - . �1=�� ARTICLE XII - WAGES AND FRINGE BENEFITS . 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 all other provisions of the AGREEMENT, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12.7 (FRINGE BENEFITS). I2.21 Insurance benefits as established by the City of Saint Paul. 12.22 Sick Leave as established by Resolution No. 3250, Section 20. 12.23 In ea.ch calendar year, each full-time employee who is eligible for vacation shall be granted vacation according to the following schedule: Years of Service Vacation Granted Less than 5 years 15 days Af ter 5 years thru 15 years 20 days Af ter 15 years and thereaftex 25 days Employees who work less than full-ti.m¢ �ha11 be granted vacation on a pro rata basis. The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 12.24 Nine (9) 1ega1 holidays as establiahed by the Saint Paul Salary Plan and Rates of Compensation, Section 1, Subdivision I. 12�25 Severance benef its as established by Ordinance No. 11490 with a maximum payment of $4,000 or as established by Article 29 of this Agreement. 12.3 Regular employeeg covered by the Fringe Benefits in 12.2 shall have the right to transfer from this coverage. Employees requesting such transfer shall be considered participating Pmployees and will no longer be covered by the fringe benefits in I2.2 but shall be covered by 12.4. - 12 - ARTICLE XII - WAGES AND FRINGE BENEFITS (continued) , 12.4 Regular employees not covered by the fringe benef its listed in Article 12.2 shall be considered, for the purpose of this AGREF�IENT, participating employees and shall be compensated in accordance with Article 12.1 (FIAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Articie 12.7. 12.5 Provisional, temporary, and emergency employees shall be considered, • for the purposes of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 12.7. 12.6 All regular employees employed in a title in this bargaining uait 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 12.7. Employees who promote, transfer or reduce to any title in this bargaining unit from any title which is not in this bargaining unit shall not be allowed to use any accumulated sick leave credits while theq are in such title. If the employee promotes, transfers or reduces to any title which is not in this bargaining unit and if sick leave is allowed under the new title, the accumulated sick leave the employee had at the time such employee became a member of this bargaining unit shaZl be reinstated. 12.7 The EMPLOYER shall make contributions on behalf of and/or make deductions from the wages of employees covered by this AGREEMENT in accordance with Appendix D for all hours worked. - 13 - � ��-�� ARTICLE XIII - SELECTION OF FOREMAN AND GENERAL FOREMAh' 13.1 The selection of personnel for the class of positions Electrician-- General Foreman and Foreman shall remain solely with the EMPLOYER. 13.2 The class of positions Electrician--General Foreman and Foreman shall be filled by employees of the bargaining unit on a "temporary assig�ent". 13.3 AlI "temporary assignments" shall be made only at the direction of a designated IIKPLOYER supervisor. 13.4 Such "temporary assignments" shall be made only in cases where the class vf positions is vacant for more than one (1) normal work day. , , - 14 - ARTICLE XIV - EARLY RETIRIIrIENT INSURANCE BENEFITS 14.1 For those employees that are covered by the Fringe Benefits - Article 12, the F.MPLOYER will provide life, hospital and medical insurance for early retirees who have retired since July 24, 1974, in the same proportionate amounts of premium as provided by EMPLOYER for active employees. • 14.2 In order to be eligible for the benefits under this early retiree provision, the employees must: 14.21 Be receiving benefits from a public employee retirement act at the time of retirement. 14.22 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 14.33 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. 14.3 Notwithstanding any provision of this Article to the contrary, EMPLOYER premium payments on behalf of early retirees shall commence June 1, 197%, and shall not be interpreted to apply retroactively or act in reimbursement. 14.4 Any obligation of the EMPLOYER to an early retiree as defined herein shall cease when such early retiree reaches age sixty-five (65) . - 15 - �ARTICLE XV - HOLIDAY S �a `� -�{°y 15. 1 The following nine (9) days shall be designated as holidays: New Year's Day, January 1 Presidents� Day, third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Columbus Day, second Monday in October Veterans� Day, November 11 Thanksgiving Day, fourth Thursday in November Christmas Day, December 25 15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the folZowing Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. For those employees assigned to a work week other than Monday through Friday, these three holidays shall be observed on the calendar date of the holiday. 15.3 The nine (9) holidays shall be considered non-work days. 15.4 If, in the judgment of the EMPLOYER, personnel are necessary for operating o_r emergency reasons, employees may be scheduled or "called back" in accordance with Article IO (CALL BACK} . 15.5 Employees covered by the Fringe Benefits in 12.2 and working on a designated holiday shall be compensated at the rate of two (2) times the hasic hourly rate for all hours worked. 15.6 F�ployees not covered by the Fringe Benefits in 12.2 and assigned to work on Presidents' Day, Columbus Day or Veterans' Day shall be campensated on a straight time basis for such hours worked. I5.7 Employees not covered by the Fringe Ber.efits in 12.2 and assigned to work on ivew Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, or Christmas Day shall be compensated at a rate of two (2) ti'.mes the basic hourly rate for such hours worked. 15.8 The day after Thanksgiving Day and the day before Christmas Day shall be considered work days. All employees working on these days shall be compensated on a straight time basis. - 16 - ARTICLE XVI - DISCIPLINARY PROCIDURES 16.1 The EMPLOYER shall have the right to impose disciplinary actions on employees for 3ust cause. 16.2 Disciplinary actions by the EMPLOYER shall include only the following actions: 16.2I. 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 designa.ted Board of Review, shall be the sole and exclusive means �� •�viewing 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). - 17 - . � �- �y-�� ARTICLE XVII - ABSENCES FROr1 WORK 17.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (DISCIPLINARY PROCEDURES) . 17.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a "quit" by the EMPLOYER on the part of the employee. - 18 - ARTICLE XVIII - SENIORITY 18.1 Seniority, for the purposes of this AGREEMENT, shall be defined as follows: 18.11 "Master Seniority" - the length of continuous regular and probationary service with the IIKPLOYER from the 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 II�LOYER from the date an employee was first appointed to a class title covered by this AGREEMENT. 18.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a lsave 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 :�n�lassified service of the EMPLOYER or to an elected or appointed fulltime 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 EMPLOYER that it is necessary to reduce the work force employees will be Iaid off by class title within each Department based on inverse length of "Class Seniority." Recall from layoff shall be inverse order of layoff, except that recall rights shall expire after two years of layoff. 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. - 19 - , , � �ri� �y-7�y 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 EMPLOYER. 19.2 The EMPLOYIIt 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 IIKPLOYER shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the EMPLOYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the EMPLOYER's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the EMPLOYER and as clarified by Sections 19.2 and 14.3 above shall be sub3ect to disciplinary action as provided in Article 16 (DISCIPLINARY PROCIDURES) . 19.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. - 20 - ARTICLE XX - SEPARATION AND RETIREMENT 20.1 Employees having a probationary or regular employment status shall be considered separated from 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 Retirement. All employees shall retire from employment with the II�IPLOYER no later than the last calendar day of the month in which an employee becomes seventy years old. 20.13 Discharge. As provided in Article 16. 20.14 Failure to Report for Duty. As provided for in Article 17. 20.2 Employees having an emergency, temporary, or provisional employment status may be terminated at the discretior. of the EMPLOYER before the completion of a normal work day. . - 21 - ARTICLE XXZI - GRIEVANCE PROCEDURE 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 II�iPLOYER in writing of the names of the Stewards and of their successors when so named. . 22.2 It is recognized and accepted by the EMPLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EMPLOYER. 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 AGREEMEPIT, the employee involved shall attempt to resolve the matter on an iaformal basis with the - 23 - � �ARTICLE XXII - GRIEVANCE PROCEDURE (CONTINUED) liY � l -�� 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 sections(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 f irst occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated EMPLOYER supervisor shall meet with the UNION Steward and attempt to resolve *_�P grievance. If, as a result of this meeting, the grievance remains unresolved, the E�IPLOYIIt 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 da3�s following receipt of the EMPLOYER's written answer. Any grievance not referred in writing by the tTNION within seven (7) calendar days following receipt of the II�iPLOYER's answer shall be considered waived. - 24 - ARTICLE XXII - GRIEVANCE PROCEDURE (CONTIh'UED) 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 ref er the grievance to Step 4. Any grievance not ref erred to in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the EhIPLOYER'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 II�iPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relations Board to submit a - 25 - ARTICLE XXII - GRIEVANCE PROCIDURE CONTIA'UED ��_�� . � ) panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The Union shall strike the first (lst) name; the F,�SPLOYER 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 make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way thz application of laws, rules, or regulations having the force and ��fPCt of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. TE►e decision shall be based solely on the arbitratorts 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 LINION, and the employees. - 26 - 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 arbitrators 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 f or 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. - 27 - � . . �,�'�� ARTICLE XXIII - RIGHT 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 sub-contract. 23.2 The sub-contracting of work done by the employees covered by this AGREEMENT shall in aIl cases be made only to employers who qualify in accordance with Ordinance No. 14013. - 28 - 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 inembership 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. - 29 - . . . ��`—rl � � 7 �O ARTICLE XXV - SEVERABILITY 25.1 In the event that any provision(s) of this AGREEMENT is declared to be contrary to Iaw 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 vo�ded provisions of the AGREEMENT in compliance with the Zegislative, administrative, or judicial determination. - 30 - 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 right are fully and completely set iorth in this AGREEMENT. 26.2 Therefore, the EMPLOYER and the UNION for the duration of this AGREEMENT agree that the other party shall not be obligated to meet and negotiate over any term or conditions of employment whether specifically covered or not specifically covered by this AGREEMENT. The UNION and EMPLOYER may, however, mutually agree to modify any provision of this AGREEMENT. 26.3 Any and all prfor ordinances, agreements, res�i.•�r.ions, 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. - 31 - � � . , (,,��-�� ARTICLE XXVII - CITY MILEAGE 27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 27.2 Method of Computation: To be eligible for such reimbursement, aIl officers and employees must receive written authorization from the Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $3.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addition, the employee shall be reimbursed 15� per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department hesd or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reim- bursed at the rate of 15� per mile driven and shall not be eligible f or any per diem. Type 2. If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reimbursed at the rate of $3.0� per day for each day of work. In addition, the employee shall be reimbursed 15C per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reim- bursed at the rate of 15� per mile driven and shall not be eligible for any per diem. 27.3 The City will provide parking at the Civic Center Parki.ng Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his or her own persona.l car available. 27..4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients sha11 file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than $100t000/$300,000 for personal injury, and $25,000 for property damage, or liability i.nsurance in amounts not less than $300,OOQ single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on f ile with the city clerk. - 32 - ARTICLE XXVIII - MATERNITY LEAVE 28.1 Maternity Leave. Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months af ter the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave • without pay at any time during the period stated above and the employer may approve such leave at its option, and such leave may be no longer than one (1) year. - 33 - . , � �� y-7�t� ARTICLE �►XIX - SEVERANCE PAY 29.1 The employer shall provide a severance pay program as set forth in this Article. 29.2 To be eligible for the severance pay progra.�, an employee must meet the following requirements: 29.21 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions � of the Public Employees Retirement Association (PERA) . The "rule of 90" criteria shall also apply to employees covered by a public pension plan other than PERA. 29.22 The employee must be voluntarily separated from City employment or have been sub3ect to separation by lay-off or compulsory retirement. Those employees who are discharged for cause, miscoaduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 29.23 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.. 29.24 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 c��ims to reinstatement or reemployment (of any type) , with the City or with Independent School District No. 625. 29.25 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 29.3 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 one-half of the daily rate of pay for the position held• by the employee on the date of separation f or each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 29.4 The maximum atnount of money that any employee may obtain t�.rough this severance pay program is $6,500. - 34 - � . ARTICLE XXIX - SEVERANCE PAY (cont.) 29.5 For the Purpose of this severance 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 will be made to the employee's estate or spouse. � 29.6 For the purpose of this severance program, a transfer fram the City of Saint Paul employment to Independent School District No. 625 employment is not considered a separation of employment, and such transferee shall not be eligible for the City severance program. 29.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 29.8 This severance pay program shall be sub3ect to and governed by the provisions of City Ordinance No. 11490 except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control. 29.9 The provisions of this article shall be effective as of Ma.q 1, 1984. 29.10 Any employee hired prior to February 15, 1974 may, in any event, and upon meeting the qualifications of this article or City Ordinance No. 11490, as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this article or the ordinance shall constitute a bar to receiving severance pay from the other. - 35 - . . . �� 7�� ARTICLE XXX - DURATION AND PLIDGE 30.1 This agreement shall become effective as of May 1, 1984, and shall remain in effect through the 30th day of April, 1985, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 30.2. 30.2 If either party desires to terminate or modify this AGREEMENT, effective as of the date of expiration, the party wishing to modify or terminate the AGREEMENT shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided, that the AGREEMEIv� may only be so terminated or modified effective as of the expiration date. 30.3 In consideration of the terms and conditions of employment established by this AGREEMENT and the recognition that the GRIEVANCE PROCIDURE herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the AGREEMENT: 30.31 The UNION aad the e�mployees 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. - 36 - ARTICLE XXX - DURATION AND PLIDGE (continued) 30.32 The EMPLOYER will not engage in, instigate, or condone any lock-out of employees. 30.33 This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City and is also subject to ratification by the UNION. AGREID to this 26th day of April, 1984, and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representative from the EMPLOYER and the UNION. WITNESSES: INTERNATIONAL BROTHERHOOD OF CITY OF SAINT PAUL ELECTRICAL WORKERS, LOCAL 110 , ' O�C. ` Z , BY: abor atio rector Busine s Manager r- BY: BY: Civil Service Commission - 37 - . . . • . . ��_�j0y APPENDIX F WORKING CO1�ID ITIONS FOR SENIOR ELECTRICAL INSPECTORS AND ELECTRICAL INSPECTORS As a result of the 1974 settlement, the Parties have established • craft-determined rates for Senior Electrical Inspectors and for Electrical Inspectors, with the specific understanding that such agreement is restricted to establishing rates of pay for such clas- sifications. It is, consequently, agreed that the Employer in applying Article III - EMPLOYER RIGHTS - of the MAINTENANCE LABOR AGREEMENT, shall have the right to operate the Department in the same manner as heretofore, with management rights unaffected, and that the establishment of separate rates for these classifications as well as for Inspector classifications in other Bargaining Units, may not result in disputes over assignments or over rates of pay for work performed, nor wi�l any jurisdictional claims or restrictians be asserted by the Union because members of various Inspector classifications are assigned to � work which is also performed by other Inspector classifications. - Fl - .. _ - , �� y-y�y , Personnel Of fice DEPART(�tENT �an P ��h n;x -- �ONTACT 298-4221 PHONE � � . May 15, 1984 DATE ��✓�� (Routing and Explanation Sheet) Assign Number for Routing Order (Clip All Locations for Mayoral Signature): 1 Department Director � a RE�`�i�L� City Attorney 3 Di rector of Management/Mayor �1AY 1 6 �y�� Fi nance and_ Management Servi ces Di rector �AYp�-s Q�.F�CE � City Clerk c�� Budget Director ��` � � '�Jhat Will be Achieved by Taking Action on the Attached Materials? (Purpose/Rationale): This resolution approves the 1984 Agreement between the City and the Electrician's Local Uaion No. 110. This new Agreement includes the following changes. Article 18 - Reinstatemeat Rights incressed to two years. Article 29 - New Severance Pay Plan Appendix C - Wages A��endix D - Frin� Benef it� P,�ge� AI1ti Ci Financ 7 , Bud'etary ana��Personne tm{ia pated: � 42 employees: $8,736 Funding Source and Fund Activity Number Charged or Credited: Attachments (List and Number all Attachrr�nts) :_ 1. Resolution 2. Copq for Citq Clerk 3. Agreemeat l�'�+ DEPARTMENT REVIEW CITY ATTORNEY REVIE4� , Yes No Council Resolution Required? Resolution Required? Yes No Yes No Insurance Required? Insurance Sufficient? Yes No Yes No Insurance Attached? - Revision of Octaber, 1982 (�Pp RevPrse SidP for 'Instructions) �..._ , �. . � �r- �y�y�,y: � . � � �znda �. Finance Commi.ttee h�eeting June 7,•.•1984 � Page 2�� . . � 10. Resolution approvin� �"125,000 City of Neenah, tVisc. , $100;000 hliddlesex Co. , Mass. , and �50,000 1Vashtinaw Co. , Aiich. securities as collateral to protect deposits of public funds with First National Bank of St. Paul. (Financ 11. Resolution approving $100,OOQ Federal National hiortgage Assn. (14.90%) arid � �100,000 Federal National hiortgage Assn. (7.90) securities as collateral to protect deposits of public funds tiaith Nestern State Bank. (Finance) . 12. Resolution approving $100,000 North Slope Borough Alaska, (9.20), $100,000 I Federal National blortgage Association ( I1.7%) securities and $5d0,000 United . States Treasury Notes (12.b25o) as collateral to rotect deposits of public funds wifih Nlinnesota State Bank. (Finance �:` . 13. Resolutiori ap�roving �115,000 Federal Farm Credit Banks securities as coll to protect deposits of public funds with Commercial State Bank. (Finance� . � 14. Resolution approving the 1984 Niai.ntenanc abor Agreement between the City and � the Plumbers Local No. 34. ( Personnel) ,�- 15. Resolu�ir�t� a}�pro�ring:�he ],984 MaiY�;t�e La re��ent betWeen the City and the Electricians Local 110. ( Per�on'nel) • . 16. Resolution approving the 1984 hiemorandum of Settler.;er�t beti•�een the City and thz � Iron {�lorkers Local Union No. 512. ( Personnel) - ,�"��° � ,;�.._ 17. Resolution amending Section 32 of the Civil Service Rules b}� substituting new specifications for the ti�Ies of Unskilled Laborer, Building Laborer andjVater Laborex. (Personnel) �,� _, ��`�` 18. Resolution amending the 1981 CIB budget and transfe�i,ng �45,417,25 to Contingenc� . Fund--Sd}�ite Bear Avenue for the paving of iVhite Bear Avenue fxom the C_I�;�1I. Rai.lroad � Bridge to Larpenteur Avenue. (Public Z�'ork ' '��► � 19. Resolution amending CD�Blocic Grant Years VII F, IX and transferring �84,000 from � Residential Street Paving to St. Albans storm se�rer - street lighting_ �PED �� 20. Resolution approving the St. Pau1 Historic Plaque Program as recommended by the Heritage Preservation Commission. (PED) • �� r � t 21. Preliminary resolution for issuance of revenue bonds on {Yorld 'I'heater. (PED)�a�..�'`�'�, 22. Resolution approving a commission to be knoirn as the " o� to�,;n River� ont Commi.ssioz". ' �� . � 23. Presentation by Gary Norstrem o _arking meter advertising. .� � _:.� :�._� - ' . � . � � � - i . , � ; , - - �- ...._- ----- _ . .. .- . _ _. _----