84-1369 WHITE - C�TV CLERK �
PINK - FINANCE GITY OF SAINT PAUL Council �
CANARV - DEPARTMENT File NO. ��/���
BLUE - MAVOR
�
Council Resolution
�
Presented By
✓Referred To �1�Y�� �--� Committee: Date � " �����—
Out of Committee By Date
RESOLVED, that the Council of the City of Saint Paul hereby approves
and ratifies the attached 1984-1985 Agreement between the City of St. Paul and
the Painters Union Local 61.
Approved:
Chair, Civi Service Commission
COUNCILMEN Requested by Department of:
Yeas Nays
��►f�YA/N � PERSONNEL OFFICE
Drew In Favor
Masanz
Nicosia f �
scnetbe� �_ Against BY
Tedesco
Wilson
�C+T — �t 19�� Form Appro ed City A orn
Adopted by Council: Date
Certified V -se Council S ar BY I '
By
/Appr y Mavor: Date _ APPr Mayoc Eor Subm' si n to Council
By B
BLISH�D O CT 13 �984
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Personnel Office DEPARTI,tENT' �d� / ��
_ an SehmniA �ONTACT '
2_4221 pHONE v
n„�Q„�t �� � ,Aua DATE / ��� �r � _
� (Routing and Explanation Sheet)
Assign Nurt�er for Routing Order (Clip All Locations for Mayoral Sianature):
1 Department Director
2 City Attorney
,�Director of Management/Ma�yor
Finance and Management Services Oirector o`�� �
� � �
City Clerk \
Budget Di rector �—
What Wili be Achieved by taking Action on the Attached Materials? (Purpose/Rationale)•
This resolution approves the 1984-1985 Agreement between the City and the Painters Union
Local 61. The changes in this new Agreement are shown on the attached sheet.
Financial, Budgetary and Personnel Impacts Anticipated:
June thru Dec. 1, 1984 $2,340
Jan. thru Dec., 1985 5,328
Jan. thru April, 1986 1,871 .
Total $9,539 c _ ,,
Funding Source and Fund Activity Number Charged or Credited:
Attachments (List and Number all Attachments�:
1. Resolution
2. Agreement
3. Copy for City Clerk
DEPARTMENT REVIEW CITY ATTORNEY REYIEW
Yes No Council Resolution Required? Resolution Required? Yes No
Yes No Insurance Required? Insurance Sufficient? Yes No
Yes No Insurance Attached?
Revision of October, 1982
��PP RPVPI"CP Sic1P for InstruCtions)
' ' ��,�E/����
1984-1985 Agreement between the City and the Painters Local 61.
l. Article IX - Overtime
Delete double time for 7th day and for hours in excess
of 12. All overtime to be at time and one-half.
2. Article XV - Holiday
Martin Luther King Day effective in 1986.
3. Article XXVIII - Severance Pay
New standard severance pay plan with maximum pay
of $6,500 and minimum age of 58.
4. Wages & Fringes.
Total package increases:
June 23, 1984 -- $ .25 per hour
April 27, 1985 -- $.30 per hour
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1984 - 1985
MAINTENANCE LABOR AGREEMENT
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THE CITY OF SAINT PAUL
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INTERNATIONAL BROTHERHOOD OF
PAINTERS AND ALLIED TRADES
LOCAL 61
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INDEX
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 11
XII Wages 12
XIII Friage Benefits 14
%IV Selection of Foreman and General Foreman 15
XV Holidays 16
XVI Disciplinary Procedures 17
RVII Absences From Work 18
XVIII Seniority 19
XIX Jurisdiction 20
RX Separation 21
XXI Tools 22
XXII Grievance Procedure 23
XXIII Right of Subcontract 28
RXIV Non-discrimination 29
XXV Severability 30
XXVI Waiver 31
XXVII City Mileage Plan 32
XXVIII Severance Pay 33
XXIR Duration and Pledge 35
Appendix A A1
Appendix B B1
Appendix C C1
Appendix D D1
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� P R E A M B L E
This AGREEMENT is entered into between the City of Saint Paul, herein-
after referred to as the EMPLOYER and the International Brotherhood of
Painters and Allied Trades Local 61, hereinafter referred to as the UNION.
The EMPLOYER and the UNION concur that this AGREEMENT has as its
ob�ective the promotion of the responsibilities of the City of Saint Paul
for the benefit of the general public through effective labor-�management
cooperation.
The II�LOYER and the UNION both realize that this goal depends not
only on the words in the AGREEMENT but rather primarily on attitudes between
people at all levels of responsibility. Constructive attitudes of the II�LOYER�
the UNION� and the individual employees will best serve the needs of the
general public.
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ARTICLE I - PURPOSE
1.1 The E1�LOYER and the UNION agree that the purpose for entering into
this AGREEMENT is to:
1.11 Achieve orderly and peaceful relations� thereby
establishing a system of uninterrupted operations
and the highest level of 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 El�LOYIIt and the UNION;
1.13 Establish procedures to orderly and peacefully
resolve disputes as to the application or inter-
pretation of this AGREEMENT without loss of
manpower productivity.
1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a
supplement to legislation that creates and directs the EI�LOYER. If
any part of this AGREIIKENT 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) .
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ARTICLE II - RECOGNITION
2.1 The E1�LOYER 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-479-A dated April 17, 1973.
2.2 The classes of positions recognized as being exclusively represented
by the UNION are as listed in Appendix A.
ARTICLE III - EN�LOYER 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
AGREII�IENT shall remain with the II�LOYER to eliminate, modify, or
establish following written notification to the UNION.
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ARTICLE IV - UNION RIGHTS
4.1 The EMPLOYER shall deduct from the wages of employees who suthorize
such a deduction in writing an amount necessary to cover monthly
UNION dues. Such monies deducted shall be remitted as directed by
the UNION.
4.11 The EMPLOYER shall not deduct dues from the wages
of employees covered by this AGREEMENT for any other
labor organization.
4.12 The UNION shall indemnify and save harmless the
EMPLOYER from any and all claims or charges made
against the EMPLOYER as a result of the implementation
of this ARTICLE.
4.2 The UNION may designate one (1) employee from the bargaining unit to
act as a Steward and shall inform the II�LOYER in writing of such
designation. Such employee shall have the rights and responsibilities
as designated in Article 22 (GRIEVANCE PROCEDURE) .
4.3 Upon notification to a designated EI�LOYER eupervisor, the Business
Manager of the UNION, or his designated representative shall be
permitted to enter the facilities of the II�LOYER where employees
covered by this AGREEMENT are working.
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ARTICLE V - SCOPE OF THE AGREF.�IENT
5.1 This AGREEMENT establishes 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.
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ARTICLE VI - PROBATIONARY PERIODS
6.1 All personnel, originally hired or rehired following separation, in
a regular employment status shall serve a six (6) month's probationary
period during which time the employee's fitness and ability to perform
the class of positions' duties and responsibilities shall be evaluated.
6.11 At any time during the probationary period an employee
may be terminated at the discretion of the F.MPLOYER
without appeal to the provisions of Article 22
(GRIEVANCE PROCEDURE).
6.12 An employee terminated during the probationary period
shall receive a written notice of the reason(s) for
such termination, a copy of which shall be sent to
the UNION.
6.2 All personnel promoted to a higher class of positions shall serve a six
(6) months' promotional probationary period during which time the employee's
fitness and ability to perform the class of positions' duties and responsi-
bilities shall be evaluated.
6.21 At any time during the promotional probationary period
an employee maq be demoted to the employee's previously
held class of positions at the discretion of the
EMPLOYER without appeal to the provisions of Article 22
(GRIEVANCE PROCEDURE) .
6.22 An employee demoted during the promotional probationary
period shall be returned to the employee's previously
held class of positions and shall receive a written
notice of the reasons for demotion, a copy of which
shal� be sent to the UNION.
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ARTICLE VII - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The EMPLOYER and the UNION are in full agreement that the philosophy
of employment and compeneation shall be a "cash" hourly wage aad
"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
Articles 12 (WAGES) and 13 (FRINGE BENEFITS) .
7.3 No other compensation or fringe benefit shall be accumulated or
earned by an elnployee except as specifically provided for in this
AGREEMENT; except those employees who have individually optioned
to be "grandfathered" as provided by 12.2.
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ARTICLE VIII - HOURS OF WORK
8.1 The normal work day shall be eight (8) consecutive hours per day,
excluding a thirty (30) minute unpaid lunch period� between 7:00 a.m.
and 5:30 p.m.
8.2 The normal work week shall be five (5) consecutive normal work days
Monday through Friday.
8.3 If, during the term of this AGREII�SENT, it is necessary in the EMPLOYER'S
judgment to establish second and third shifts or a work week of other
than Monday through Friday, the UNION agrees to enter into negotiations
immediately to establish the conditions of such shifts and/or work weeks.
8.4 This section shall aot be construed as� and is not a guarantee of, any
hours of work per normal work day or per normal work week.
8.5 All employees sha.11 be at the location designated by their supervisor,
ready for work, at the established starting time and shall remain at an
assigned work location until the end of the established work day unless
otherwise directed by their supervisor.
8.6 All employees are sub�ect to call-back by the II�lPLOYER as provided by
Article 10 (CALL BACK) .
8.7 Employees reporting for work at the established starting time and for
whom ao 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.
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ARTICLE IX - OVERTIME
9.1 Time on the payroll in excess of the aormal hours set forth above
shall be "overtime work" and shall be done only by order of the
head of the department. An employee shall be recompensed for work
done in excess of the normal hours by being granted compensatory
time on a time-and-one-half basis or by being paid on a time-and-
one-half basis for such overtime work. The basis on which such
overtime shall be paid shall be determined solelq by the EMPLOYER.
9.2 The rate of one and one-half (1'�) the basic hourly rate shall be the
overtime rate for work performed under the following circumstances:
9.21 Time worked ia excess of eight (8) hours in
any one normal work day and;
9.22 Time worked in excess of forty (40) hours in any work week.
9.3 For the purpose of calculating overtime compensation overtime hours
worked shall not be "pyramided", compounded, or paid twice for the
same hours worked.
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ARTICLE X - CALL BACK
10.1 The II�LOYER retains the right to call back employees before an
employee hae started a normal work day or normal work week and
after an employee has completed a normal work day or normal work
week.
10.2 Employees called back shall receive a minimum of four (4) hours
pay at the basic hourly rate.
10.3 The hours worked based on a call-back shall be compensated in
accordance with Article 9 (OVERTIME), when applicable, and sub�ect
to the minimum established by 10.2 above.
10.4 Employees called back four (4) hours or less prior to their normal
work day shall complete the normal work day and be compensated only
for the overtime hours worked in accordance with Article 9 (OVERTIME) .
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ARTICLE XI - WORK LOCATION
11.1 Employees shall report to work location as assigned by a designated
EMPLOYER supervisor. During the normal work day employees may be
assigned to other work locations at the discretion of the II�LOYER.
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 compeasated for mileage.
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ARTICLE XII - WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be
paid for all hours worked by an employee.
12.2 Employees who are covered by the fringe benefits listed below shall
continue to be covered by such benefits. They shall be sub3ect 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 13 (FRINGE BENEFITS) .
12.21 Insurance benefits as established by City of Saint Paul
Resolutions including life and health insurance for early
retirees who have retired since May 23, 1973. In order
to be eligible for the health benefits under the early
retiree provision, the employee must:
12.21.1 Be receiving benefits from a public employee
retirement act at the time of retirement.
12.21.2 Have severed his relationship with the City
of Saint Paul under one of the early retiree
plans.
12.23.3 Inform the Personnel Office of the City of
Saint Paul in writing within 60 days of employee's
early retirement date that he or she wishes to be
eligible for early retiree insurance benefits.
12.22 Sick Leave as established by the Civil Service Rules,
Section 20.
12.23 Vacation as established by the Saint Paul Salary Plan
and Rates of Compensation, Section I, Subdivision H,
however, employees in this bargaining unit, covered
by thfs vacation provision, shall be granted vacation
at the rates show below.
Years of Service Vacation Granted
Less than 15 years 20 days
At least 15 yrs but less than 25 years 21 days
After 25 years 22 days
12.24 Ten (10) legal holidays as established by the Saint Paul
Salary Plan and Rates of Compensation, Section I,
Subdividion i.
12.25 Severence benefits as established by Ordinance No. 11490
with a maximum payment of $4,000 or as established by
Article 28 of this Agreement.
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ARTICLE XII - WAGES (continued)
12.3 Regular employees not covered by the fringe benefits listed in Article
12.2 shall be considered, for the purposes of this AGREII�lENT� partici-
pating employees and shall be compensated in accordance with Article 12.1
(WAGES) and have fringe benefit contributions and/or deductions made on
their behalf as provided for by Article 13 (FRINGE BENEFITS) .
12.4 Provisional, temporary, and emergency employees shall be considered,
for the purposes of this AGREEMENT, participating employees and shall
be compensated in accordance with Article 12.1 (WAGES) and have fringe
benefit contributions and/or deductions made in their behalf as provided
for by Article 13 (FRINGE BENEFITS) .
12.5 All regular employees employed after February 15, 1974, shall be
considered, for the purpose of this AGREF�IENT, participating employees
and shall be compensated in accordance with Article 12.1 (WAGES) and
have fringe benefit contributions and/or deductions made on their behalf
as provided for by Article 13 (FRINGE BENEFITS) .
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ARTICLE XIII - FRINGE BENEFITS
13.1 The EMPLOYER shall make contributions on behalf of and/or make
deductions from the wages of employees covered by this AGREEMENT
in accordance with Appendix D for all hours worked.
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ARTICLE XIV - SELECTION OF FOREMAN AND GENERAL FOREMAN
14.1 The selection of personnel for the class of position Painter Foreman
shall remain solely with the II�LOYER.
14.2 The class of position Painter Foreman shall be filled by employees
of the bargaining unit on a "temporary assignment".
14.3 All "temporary assignments" shall be made only at the direction of a
designated EMPLOYER supervisor.
14.4 Such "temporary assignments" shall be made only in cases where the
class of positions is vacant for more than one (1) normal work day.
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ARTICLE XV - HOLIDAYS
15.1 The following ten (10) days shall be designated as holidays:
New Year's Day, January 1
Martin Luther King Day, Third Monday in January (effective 1986)
President's Day, Third Monday in February
Memorial Day� last Monday in May
Independence Day� July 4
Labor Day, first Monday in September
Columbus Day, second Monday in October
Veterans' Day, November 11
Thanksgiving Day, fourth Thursday in November
Christmas Day, December 25
15.2 When New Year's Day, Independence Day or Christmas Day falls on a
Sunday, the following Monday shall be considered the designated holiday.
When any of these three (3) holidays falls on a Saturday, the preceding
Friday shall be considered the designated holiday.
15.3 The test (10) holidays shall be considered non-work days.
15.4 If, in the �udgment of the EMPLOYER, personnel are necessary for
operating or emergency reasons, employees may be scheduled or
"called back" ia accordance with Article 10 (CALL BACK) .
15.5 Participating employees as defined in Articles 12.3, 12.4 and 12.5
working on a designated holiday shall be compensated at the rate of
two (2) times the basic hourlq rate for all hours worked.
15.6 If an employee other than a Participating Employee entitled to a holiday
is required to work on Martin Luther King Day, President's Day, Christopher
Columbus Day, or Veterans" Day, he shall be granted another day off with
pay in lieu thereof as soon thereafter as the convenience of the department
permits, or he shall be paid on a straight time basis for such hours worked,
in addition to his regular holiday pay. If an employee entitled to a holiday
is required to work on New Year"s Day, Memorial Day, Independence Day,
Thanksgiving Day or Christmas Day, he shall be recompensed for work done
on this day by being granted compensatory time on a time and one-half basis
or by being paid on a time and one-half basis for such hours worked, in
addition to his regular holiday pay. Eligibility for Holiday pay shall
be determined in accordance with Section I, Subsection I of the St. Paul
Salary Plan and Rates of Compensation.
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ARTICLE XVI - DISCIPLINARY PROCEDURES
16.1 The EMPLOYER shall have the right to impose disciplinary actions on
employees for just cause.
16.2 Disciplinary actions by the EMPLOYER shall include only the following
actions:
16.21 Oral reprimand.
16.22 Written reprimand.
16.23 Suspension.
16.24 Demotion.
16.25 Discharge.
16.3 Employees who are suspended, demoted, or discharged shall have the
right to request that such actions be reviewed by the Civil Service
Commission or a designated Board of Review. The Civil Service Commission,
or a designated Board of Review, shall be the sole and exclusive means
of reviewing a suspenaion, 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 PROCIDURE) .
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ARTICLE XVII - ABSENCES FROM WORK
17.1 Employees who are unable to report for their normal work day have
the responsibility to notify their supervisor of such absence as
soon as possible, but in no event later than the beginning of such
work day.
17.2 Failure to make such notification may be grounds for discipline as
provided in Article 16 (DISCIPLINARY PROCEDURES) .
17.3 Failure to report for work without notification for three (3)
consecutive normal work days may be considered a "quit" by the
EMPLOYER on the part of the employee.
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ARTICLE RVIII - SENIORITY
18.1 Seniority, for the purposes of this AGREEMENT, shall be defined as
follows:
18.11 "Maeter 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 EMPLOYER 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 leave is granted for a period of less than thirty
(30) calendar days; is granted because of illness or in�ury; is
granted to allow an employee to accept an appointment to the
unclassified service of the EI�LOYER or to an elected or appointed
full-time position with the UNION.
18.3 Seniority shall terminate when an employee retires, resigns, or is
discharged.
18.4 In the event it is determined by the F.MPLOYER that it is necessary to
reduce the work force employees will be laid off by class title within
each Department based on inverse length of "Class Seniority". Employees
laid off shall have the right to reinstatement in any lower-paid class
title, provided� employee has greater 'Tiaster Seniority" than the
employee being replaced.
18.5 The selection of vacation periods shall be made by class title based on
leagth of "Class Seniority", sub3ect to the approval of the F.MPLOYER.
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ARTICLE XIX - JURISDICTION
19.1 Disputes concerning work �urisdiction between and among unions is
recognized as an appropriate sub�ect to determination by the various
unions representing employees of the EMPLOYER.
19.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction
by any mutual agreements between the unions involved.
19.3 In the event of a dispute concerning the performance or assignment of
work, the unions involved and the II�LOYER shall meet as soon as mutually
possible to resolve the dispute. Nothing in the foregoing shall restrict
the 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 II�LOYER and as
clarified by Sections 19.2 and 19.3 above shall be sub�ect to disciplinary
action as provided in Article 16 (DISCIPLINARY PROCEDURES) .
19.5 There shall be no work stoppage, slow down, or any disruption of work
resulting from a work assignment.
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ARTICLE XX - SEPARATION
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
daye prior to the effective date of the resignation.
20.12 Discharge. As provided in Article 16.
20.13 Failure to Report for Duty. As provided in Article 17.
20.2 Employees having an emergency, temporary, or provisional employment
status may be terminated at the discretion of the II�LOYER before the
completion of a noYmal work day.
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ARTICLE XXI - TOOLS
21.1 All employees shall personally provide themselves with the tools
of the trade as listed in Appendix B.
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ARTICLE XXII - 6RIEVANCE 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 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 II�LOYER and the UNION that the
processing of grievances as hereinafter provided is limited by the �ob
duties and responsibilities of the employees and shall therefore be
accomplished during working hours only when consistent with such employee
duties and responsibilities. The Steward involved and a grieving employee
ehall 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 establiahed by this ARTICLE shall be the sole and exclusive
procedure, except for the appeal of disciplinary action as provided by
16.3, for the processing of grievances, which are defined as an alleged
violation of the terms and conditions of this AGREEMENT.
22.4 Grievances shall be resolved in conformance with the following procedure:
Step 1. Upon the occurrence of an alleged violation of this
AGREEMENT� the employee involved shall attempt to
resolve the matter on an informal basis with the
employee's supervisor. If the matter is not resolved
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ARTICLE XXII - GRIEVANCE PROCEDURE (continued)
to the employee's satisfaction by the informal discussion
it may be reduced to writing and referred to Step 2 by
the UNION. The written grievance shall set forth the
nature of the grievance, the facts on which it is based,
the alleged section(s) of the AGREEMENT violated, and
the relief requested. Any alleged violation of the
AGREEMENT not reduced to writing by the UNION within
seven (7) calendar days of the first occurrence of the
event giving rise to the grievance or within the use of
reasonable diligence should have had knowledge of the
first occurrence of the event giving rise to the grievance,
ahall be considered waived.
Setp 2. Within seven (7) calendar days after receiving the written
grievance a designated EMPLOYER supervisor shall meet with
the UNION Steward and attempt to resolve the grievance. If,
as a result of this meeting, the grievance remains unresolved,
the II�IPLOYER shall reply in writing to the UNION within three
(3� calendar days following this meeting. The UNION may refer
the grievance in writing to Step 3 within seven (7) calendar
days following receipt of the F.MPLOYER'S written answer. Any
grievance not referred in writing by the UNION within seven (7)
calendar days following receipt of the EMPLOYER'S answer shall
be considered waived.
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ARTICLE XXII - GRIEVANCE PROCEDURE (continued)
Step 3. Within seven (7) calendar days following receipt of a
grievance referred from Step 2 a designated II�LOYER
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 ia writing to the
UNION stating the EMPLOYER'S answer concerning the
grievance. If, as a result of the written response
the grievance remains unresolved� the UNION may refer
the grievance to Step 4. Any grievance not referred to
in writing by the UNION to Step 4 within seven (7)
calendar days following receipt of the II�lPLOYER'S
answer shall be considered waived.
Step 4. If the grievance remains unresolved, the LTNION may
within seven (7) caleadar days after the response of
the EMPLOYER in Step 3, by written notice to the
EMPLOYER, request arbitration of the grievance. The
arbitration proceedings shall be conducted by an
arbitrator to be selected by mutual agreement of the
EMPLOYER and the UNION within seven (7) calendar days
after notice has been given. If the parties fail to
mutually agree upon an arbitrator within the said
seven (7) day period� either party may request the
Public Employment Relation Board to submit a panel
of five (5) arbitrators. Both the II�lPLOYER and the
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ARTICLE XXII - GRIEVANCE PROCEDURE (continued)
UNION shall have the right to strike two (2)
names from the panel. The UNION shall strike
the first (lst) name; the EMPLOYER shall then
strike one (1) name. The process will be
repeated and the remaining person shall be the
arbitrator.
22.5 The arbitrator shall have no right to amend, modify, nullify, ignore,
add to, or subtract from the provisions of this AGREEMENT. The
arbitrator shall consider and decide only the specific issue submitted
in writing by the EMPLOYER and the UNION and shall have no suthority
to make a decision on any other issue not so submitted. The arbitrator
shall be without power to make decisions contrary to or inconsistent with
or modifying or varying in any way the application of laws, rules or
regulations having the force and effect of law. The arbitrator's
decision shall be submitted in writing within thirty (30) days following
close of the hearing or the submission of briefs by the parties, whichever
be later, unless the parties agree to an extension. The decision shall
be based solely on the arbitrator's interpretation or application of the
express terms of this AGREEMENT and to the facts of the grievance
presented. The decision of the arbitrator shall be final and binding
on the EI�LOYER, the UNION and the employees.
- 26 -
ARTICLE I�IXII - 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 time limits in each step of this procedure may be extended by
mutual agree�eat of the EI�LOYER and the UNION.
- 27 -
. ��!� /3��
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-DISCRIMIrATION
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 ia 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 f3�9
ARTICLE XXV - SEVERABILITY
25.1 In the event that any provision(s) of this AGREEMENT is deelared
to be contrary to law by proper legislative, administrative, or
judicial authority from whose finding, determination, or decree
no appeal is taken� such provision(s) shall be voided. All other
provisions shall continue in full force and effect.
25.2 The parties agree to� upon written notice, enter into negotiations
to place the voided provisions of the AGREEMENT in compliance
with the legislative, administrative, or judicial determination.
— 30 —
ARTICLE XXVI - WAIVER
26.1 The EMPLOYER and the LTNION 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
sub3ect concerning the terms and conditions of employment. The
agreements and understandings reached by the parties after the
exercise of this right are fully and completely set forth in
this agreement.
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 aegotiate 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, resolutions, practices,
policies, and rules or regulations regarding the terms and
conditions of employment, to the extent they are inconsistent
with this AGREEMENT, are hereby superseded.
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� ���-���5
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� all
officers and employees must receive written suthorization 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 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 sutomobile� then the employee shall be reim-
bursed at the rate of 15� per mile driven and shall not be eligible
for 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 $3.00 per day for each day of work. In addition, the employee
shall be reimbursed 1SC per mile for each mile actually driven.
If such employee is required to drive an sutomobile 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 15C per mile driven and shall not be eligible for
any per diem.
27.3 The City will 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 personal car available.
27.4 Rules and Regulations: The Mayor shall adopt rules and regulations
governing the procedures for sutomobile 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
aot less than $100�000/$300,000 for personal in�ury, and $25,000 for
property damage, or liability insurance in amounts not less than $300,000
single litnit 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 file with the city clerk.
- 32 -
---- -- �--. -- ------ -� ---� ----------- -•-- -----. --------- -� ------- -.
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.
- 34 -
ARTICLE XXVIII - SEVERANCE PAY
28.1 The employer shall provide a severance pay program as set forth
in this Article.
28.2 To be eligible for the severance pay program� an employee must meet
the following requirements:
28.21 The employee must be 58 years of age or older or must be
eligible for pension under the "rule of 90" or the "rule
of 85" �rovisions of the Public Emnlovees Retirement
ARTICLE XXIX - DURATION AND PLEDGE
29.1 This AGREEMENT shall become effective as of the date of signing,
except as specifically provided otherwise in Articles 12 and 13,
and shall remain in effect through the 30th day of April� 1986�
and continue in effect from year to year thereafter unless notice
to change or to terminate is given in the manner provided in 29.2.
29.2 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 ainety (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.
29.3 In consideration of the terms and conditions of employment established
by this AGREEMENT and the recognition that the GRIEVANCE PROCEDURE
herein established is the means by which grievances concerning its
application or interpretation may be peacefully resolved, the parties
hereby pledge that during the term of the AGREEMENT:
29.31 The UNION and the employees will not engage in,
instigate, or condone any concerted action in
which employees fail to report for duty, willfully
absent themselves from work� stop work, slow down
their work� or absent themselves in whole or part
from the full� faithful performance of their duties
of employment.
- 35 -
���i��y
ARTICLE XXIX - DURATION AND PLEDGE (continued)
29.32 The EMPLOYER will not engage in, instigate, or
condone any lock-out of employees.
29.33 This constitutes a tentative agreement between
the parties which will be recommended by the City
Negotiator, but is sub3ect to the approval of the
Administration of the City, the City Council and
is also sub�ect to ratification by the UNION.
AGREED to this 21st day of August, 1984, and attested to as the full
and complete understanding of the parties for the period of time herein speci-
fied by the signature of the following representative for the II�iPLOYER and the
UNION:
WITNESSES:
INTERNATIONAL BROTHERHOOD OF PAINTERS
CITY OF SAINT PAUL AND ALLIID TRADES LOCAL 61
� _.. f " - ' . ' .G.vc-�
La or Rel ns Director Bu Manager
Civil Service Commission
- 36 -
APPENDIX A
The classes of positions recognized by the EMPLOYER as being
exclusively represented by the UNION are as follows:
Painter - Foreman
Painter
Apprentice
and other classes of positions that may be established by the EMPLOYER
where the duties and responsibilities assigned comes within the
jurisdiction of the UNION.
- A1 -
� ���y�.���
APPENDIX B
Duster
Wall Scrapers
Putty Knife
Broad Knife
Hammer
Screw Drivers
- B1 -
APPENDIR C ` •
The basic hourly wage rate for provisional, regular and probationary
employees appointed to the following classes of positions shall be:
Effective Effective
6-23-84 4-27-85
Painter . . . . . . . . $15.38 $15.67
Painter Foreman . . . . $16.11 $16.39
The basic hourly wage rate for temporary and emergency employees appointed
to the following classes of positions shall be:
Effective Effective
6-23-84 4-27-85
Painter . . . . . . . . $16.00 $16.30
Painter Foreman . . . . $16.75 $17.05
Apprentice
0 - 6 months . . . . . . . . . . . 50� of Painter rate
7 - 12 monthe . . . . . . . . . . . S5� of Painter rate
13 - 18 months . . . . . . . . . . . 60X of Painter rate
19 - 24 months . . . . . . . . . . . 70X of Painter rate
25 - 30 months . . . . . . . . . . . 80X of Painter rate
31 - 36 months . . . . . . . . . . . 90% of Painter rate
The basic hourly wage rate for regular employees appointed to the following
classes of positions, who are receiving the Fringe Benefits listed in Article
12.2 shall be:
Effective Effective Effective
6-23-84 9-29-84 4-27-85
Painter . . . . . . . . $14.36 $14.41 *
Painter Forema.n . . . . $14.96 $15.02 *
*The April 27, 1985 hourly wage rates in this contract will be the
rates as shown below less the cost of eick leave usage for 1984
and less the cost of holidays, pension and vacation for 1985 and
less the cost of health and life insurance for the period May�
1984, thru April, 1985, incurred by the employer for employees in
this bargaining unit.
Painter $19.01
Painter �oreman $19.76
- C1 -
• ���/i3�9
' APPENDIX C (continued)
When performing the following types of work the rate of pay shall be
seventy cents ($ .75) per hour over the basic hourly wage rate of any class
of positions.
Sandblasting, swing-stage work, erected structural steel
skeleton work, all bridge work, all exterior work where
safety belt or window �acks are used, spray painting and
when applying materials over 50% creosote and for appli-
cation of all two component epoxy materials.
If the Union elects to have the contributions listed in Appendix D
increased or decreased, the Employer may ad3ust the above applicable rates
for participating employees in such a way that the total cost of the package
(wage rate plus contributions) remains constant.
The F.rIl'LOYER agrees to pay $10.00 toward the cost of each pair of safety
shoes purchased by an Employee that is a member of this bargaining unit. The
EMPLOYER shall contribute for the cost of two pair of shoes per year and shall
not be responsible for any additional cost for any additional shoes thereafter.
This reimbursement of $10.00 per pair of shoes shall be made only after
investigation and approval by the immediate supervisor of that Employee. This
$10.00 per pair of shoes contribution to be made by the II�LOYER shall apply
only to those Employees who must wear protective shoes or boots for their
employment.
- C2 -
APPENDIX D
Effective June 25, 1984, the EI�LOYER shall:
(1) contribute $1.55 per hour for all hours worked by participating
employees as defined ia Articles 12.3, 12.4 and 12.5 covered by
this AGREII�IENT, to a UNION designated Health and Welfare Fund.
(2) contribute $1.OG per hour for all hours worked by participating
employees as defined in Articles 12.3, 12.4 and 12.5 covered by
this AGREEMENT� to a Pension Fund.
(3) deduct $1.05 per hour from which payroll deduction has been made
for all hours worked bq participating employees as defined in
Articles 12.3, 12.4 and 12.5 covered by this AGREEMENT, to a
Vacation Fund.
(4) 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 Apprenticeship Training Fund.
Effective October 1, 1984, the Employer will contribute an additional
$ .07 per hour to the fringe fund determined at a later date.
All contributions made in accordance with this Appendix shall be forwarded to
depositories as directed by the UNION.
The E1�LOYER shall establish Workman's Compensation and Unemployment
Compensation programs as required by Minnesota Statutes.
Participating employees as defined in Articles 12.3, 12.4 and 12.5 covered
by this AGREEMENT, shall not be eligible for, governed by, or accumulate vacation,
eick leave, holiday, funeral leave, 3ury duty, or insurance fringe benefits
that are or may be established by Civil Service Rules, Council Ordinance or
Council Resolutione.
- D1 -
' ' ��'y/���'
� � �
APPENDIX D (continued)
The EMPLOYER'S fringe benefit obligation to participating employees
as defined in Articles 12.3, 12.4 and 12.5 is limited to the contributions
and/or deductions established by this AGREEMENT. The actual level of
benefits provided to employees shall be the responsibility of the Trustees
of the various funds to which the E1�IPLOYER has forwarded contributions
and/or deductions.
- D2 -
M�HITE — CITV CLERK �
P'NK — F�NnNCE COUflC1I
CANARV — D£PpRTMENT GITY OF SAINT PAUL � � /���
BLUE — nnpv017 File �0. � �
�
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 1984-1985 Agreement between the City of St. Paul and
the Painters Union Local 61.
Approved:
Chair, Civil Service Commission
COUNCILMEN Requested by Department of:
Yeas F�etchar Nays pERSONNEL OFFICE
°re1N [n Favor
Masanz
Nicosfa
scneibs� A gai n s t BY
Tsdesco
Wilson
Form Approved by City Attorney
Adopted by Council: Date
Certified Passed by Council Secretary BY
gy,
Approved by Mavor: Date Approved by Mayor for Submission to Council
By By
-� /�'.cfJ
'�-��-: C1rrzT or �.�zzvrr �'�.ur�. � ��y I
;r�i _��:,�"�t . /3lD
+ = ���=��I � ���- 0���7�IC� UF �l'FII: CITY COUIti'LIL
,�.
:�i�.��: �`: � . .
' �7
:.t:!..
Dote: September 20, 1984
M��FRS ��E�TING N���C� .
JA�tES SCII�IBGL, CNAIR ������ !�!I�l�!-1��1 V lt�� f �
Ct:kIS !�ICOSI� - �
L•:ILLI�}1 Iti IISOY P�������� C��3 l7 i L����
JOY�� GRE►9 (ALT.) � . �
f
MEETING DATE: September 27, 1984 �
TIME . 1:30 p.m.
PLACE . Room 707, City Hall
A G E N a A
. ��
1. Approval of minutes from meeting held September 20, 1984. �,�.��°.�'�`
.
2. Resolution authorizing an agreement with ISD #625 establishing a Joi t Perso�ne�.
Committee. (Laid over 7/26/84) ��:: .�_ - ���j�►LZ►, '�'�t�'�r�'?�V� °
���SIDh
3. Ordinance setting forth the membership of the c�ualifications and examining �
committees rovided for 'n the St. Paul City Charter Section 12. 12. 1. ,r„�Laid over
--_ _._....._..,__.�_._._� _ __
.. _ .,q -_ --'-"�' 'g .;i
7/26/84.) : �r::L�'.�':f?�"�=°: : ��OY�-�Z����G(.�7(l7�-_ S�- �:�i55�G'?-�
4. Resolution approving the 1984-1985 Agreement between the City and the Painters
Union Local 61. (Personnel) ��t��Lc�-
5. Resolution amending the Civil Service Rules by striking ancl substituting neFi
class specifications for the title of Public Wor s Fo enan I f Pe�spnnel)�.��.�.�-�'SSt�+ �
.,��-�-�.-��� >�1� _ _
6. Resolution authorizing execution of an agreement with [9est Seventh Neighborhood
Center, Inc. for the operation and maintenance of the [�Jest Seventh Community Center.
(Community Services) j�r�.__
�-�_. _
7. Resolution authorizing an agreement with the City of Oakdale �•�hereby the St. Paul
Police Department will provide .two-way radio and other electronic equipment repair,
inspection services and technical assistance to the Oakdale Police Department_
(Police) /}�y�r�-
��,�,r
8. Resolution amending the 1984 budget and transferring $99,000 from Contingent Reserve
to City Attorney - Workers' Compensation. (City Attorney) p�{r-r,Z'�
"_�.1'�. °--- �"
9. Ordinance amending Chapter 183 of the St. .Paul Legislative Code and pertaining to the
set-aside program prohibiting acts regarding the same, and 1�estin� investigative ���1�
responsibilities in the Human Rights Department with respect to the set-aside prog a
CJTY HALL - SEVENTH FLOOR SAI�I"C PAUL. AIII`I�'ESOTA 55102
`��' (continued on back)